FAA Reauthorization Act of 2024
This bill reauthorizes the Federal Aviation Administration (FAA) through FY2028, including activities and programs related to airport planning and development, facilities and equipment, and operations. The National Transportation Safety Board is also reauthorized through FY2028.
The bill also addresses a wide range of issues, including by
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1939 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1939
To amend title 49, United States Code, to authorize appropriations for
the Federal Aviation Administration for fiscal years 2024 through 2028,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2023
Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to authorize appropriations for
the Federal Aviation Administration for fiscal years 2024 through 2028,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA
Reauthorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATIONS
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Extension of expiring authorities.
Sec. 105. Authority to subpoena physical evidence.
Sec. 106. Research, engineering, and development.
Sec. 107. Effective date.
TITLE II--FAA OVERSIGHT AND ORGANIZATION
Subtitle A--Organization
Sec. 201. Future of NextGen.
Sec. 202. Airspace Innovation Office.
Sec. 203. Commercial Software Options for Improving ASIAS Analytics.
Sec. 204. Authority to use electronic service.
Subtitle B--Regulatory Reform
Sec. 211. Safety and efficiency through digitization of FAA systems.
Sec. 212. Report elimination or modification.
Sec. 213. Internal regulatory process review.
Sec. 214. Review and Updates of Categorical Exclusions.
TITLE III--SAFETY IMPROVEMENTS
Sec. 301. Independent Study on future state of type certification
processes.
Sec. 302. Report on international validation program performance.
Sec. 303. High risk flight testing.
Sec. 304. Recording devices.
Sec. 305. Helicopter safety.
Sec. 306. Review and incorporation of human readiness levels into
agency guidance material.
Sec. 307. Service difficulty reports.
Sec. 308. Accountability and compliance.
Sec. 309. Accountability for aircraft registration numbers.
Sec. 310. Aircraft registration.
Sec. 311. FAA oversight of repair stations located outside the United
States.
Sec. 312. Alcohol and drug testing and background checks.
Sec. 313. Continuous aircraft tracking and transmission for high
altitude balloons.
Sec. 314. International engagement.
Sec. 315. Air tour and sport parachuting safety.
Sec. 316. International aviation safety assessment program.
Sec. 317. Changed product rule reform.
Sec. 318. Development of low-cost voluntary ADS-B.
Sec. 319. Public aircraft flight time logging eligibility.
Sec. 320. Safety management systems.
Sec. 321. Aviation safety information analysis and sharing program.
Sec. 322. Consistent and timely pilot checks for air carriers.
Sec. 323. Enhancing processes for authorizing aircraft for service in
commuter and on demand operations.
Sec. 324. Tower marking compliance.
Sec. 325. Administrative authority for civil penalties.
Sec. 326. Civil penalties for whistleblower protection program
violations.
Sec. 327. Flight service stations.
Sec. 328. Technical assistance agreements.
Sec. 329. Restoration of authority.
Sec. 330. Tarmac operations monitoring study.
Sec. 331. GAO report on cybersecurity of commercial aviation avionics.
Sec. 332. Securing aircraft avionics systems.
Sec. 333. Maintenance data availability.
Sec. 334. Study on airworthiness standards compliance.
Sec. 335. Fire protection standards.
Sec. 336. Cabin air safety.
Sec. 337. Airport air safety.
Sec. 338. Aircraft interchange agreement limitations.
Sec. 339. Wildfire suppression.
Sec. 340. Study on impacts of temperature in aircraft cabins.
Sec. 341. Part 135 pilot supplemental oxygen requirement.
Sec. 342. Crewmember pumping guidance.
Sec. 343. Reauthorization of certain provisions of the Aircraft
Certification, Safety, and Accountability
Act.
TITLE IV--MODERNIZING THE NATIONAL AIRSPACE SYSTEM
Sec. 401. NextGen accountability task force.
Sec. 402. Use of advanced surveillance in oceanic airspace.
Sec. 403. GPS monitoring pilot program.
Sec. 404. Runway safety technologies.
Sec. 405. Flight profile optimization.
Sec. 406. Stars remote surveillance displays.
Sec. 407. Audit of legacy systems.
Sec. 408. Aeronautical mobile communications services.
Sec. 409. Low altitude routes for vertical flight.
Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program.
Sec. 411. Extension of enhanced air traffic services pilot program.
Sec. 412. NextGen equipage plan.
Sec. 413. Performance based navigation report and utilization plan.
Sec. 414. Air traffic control facility realignment study.
TITLE V--AVIATION WORKFORCE
Subtitle A--Civil Aviation Workforce
Sec. 501. Aviation workforce development grants.
Sec. 502. Women in Aviation Advisory Committee.
Sec. 503. Study of high school aviation maintenance training programs.
Sec. 504. Military aviation maintenance technicians rule.
Sec. 505. Prohibition of remote dispatching.
Sec. 506. Employee assault prevention and response plan standards and
best practices.
Sec. 507. Crewmember self-defense training.
Sec. 508. Improving apron safety.
Sec. 509. Aviation Medical Innovation and Modernization Working Group.
Sec. 510. Airman Certification Standards.
Subtitle B--FAA Workforce
Sec. 521. Air traffic control staffing standards.
Sec. 522. FAA Workforce review audit.
Sec. 523. Direct hire authority utilization.
Sec. 524. Staffing model for aviation safety inspectors.
Sec. 525. Safety critical staffing.
Sec. 526. Instrument landing system installation.
Sec. 527. Aviation Certification Fellowship Program.
Sec. 528. Contract Tower Program air traffic controller training
programs.
Sec. 529. Review of FAA and industry cooperative familiarization
programs.
Sec. 530. Improved access to air traffic control simulation training.
Sec. 531. Air Traffic Controller Instructor Pipeline.
Sec. 532. Ensuring hiring of air traffic control specialists is based
on assessment of job-relevant aptitudes.
Sec. 533. Federal aviation administration academy and facility
expansion plan.
TITLE VI--MODERNIZING AIRPORT SYSTEMS
Sec. 601. AIP eligibility amendments.
Sec. 602. Revised minimum apportionments.
Sec. 603. Apportionments for transitioning airports.
Sec. 604. Updating United States Government's share of project costs.
Sec. 605. Primary airport designation.
Sec. 606. Discretionary fund for terminal development costs.
Sec. 607. Alternative-delivery and advance-construction methods pilot
program.
Sec. 608. Integrated project delivery.
Sec. 609. Airport investment partnership program.
Sec. 610. Airport accessibility.
Sec. 611. General aviation public-private partnership program.
Sec. 612. Runway rehabilitation.
Sec. 613. Extension of provision relating to airport access roads in
remote locations.
Sec. 614. Procurement regulations applicable to FAA multimodal
projects.
Sec. 615. Solar powered taxiway edge lighting systems.
Sec. 616. Additional ground based transmitters.
Sec. 617. Automated weather observing systems maintenance improvements.
Sec. 618. Contract Tower Program.
Sec. 619. Remote towers.
Sec. 620. Grant assurances.
Sec. 621. Civil penalties for grant assurances violations.
Sec. 622. Community use of airport land.
Sec. 623. Buckeye 940 release of deed restrictions.
Sec. 624. Clarifying airport revenue use of local general sales taxes.
Sec. 625. AIP handbook review.
Sec. 626. PFAS-related resources for airports.
Sec. 627. Progress reports on the national transition plan related to a
fluorine-free firefighting foam.
Sec. 628. Review of airport layout plans.
Sec. 629. NEPA purpose and need statements.
Sec. 630. Passenger facility charge streamlining.
Sec. 631. Use of passenger facility charges for noise barriers.
Sec. 632. Automated weather observing systems policy.
Sec. 633. Infrastructure Investment and Jobs Act implementation.
Sec. 634. Report on airport notifications.
Sec. 635. Coastal airports resiliency study.
Sec. 636. Survey of power distribution capacity.
Sec. 637. Study on competition and airport access.
Sec. 638. Regional airport capacity study.
Sec. 639. Study on autonomous and electric-powered track systems.
Sec. 640. Special rule for reclassification of certain unclassified
airports.
Sec. 641. General aviation airport runway extension pilot program.
TITLE VII--AIR SERVICE IMPROVEMENTS
Subtitle A--Consumer Enhancements
Sec. 701. Advisory committee for aviation consumer protection.
Sec. 702. Unrealistic or deceptive scheduling.
Sec. 703. Refunds.
Sec. 704. Airline passenger rights transparency act.
Sec. 705. Disclosure of ancillary fees.
Sec. 706. Access to customer service assistance for all travelers.
Sec. 707. Frequent flyer programs and vouchers.
Sec. 708. Airline customer service dashboards.
Sec. 709. Annual briefings on disruptions of passenger air
transportation and periods of mass
cancellations of scheduled flights.
Sec. 710. Enhancing child safety.
Sec. 711. Codification of consumer protection provisions.
Sec. 712. GAO study on competition and consolidation in the air carrier
industry.
Sec. 713. GAO study and report on the operational preparedness of air
carriers for preparing for changing weather
and other events related to changing
conditions and natural hazards.
Sec. 714. Increase in civil penalties.
Sec. 715. Family seating.
Sec. 716. Establishment of Office of Aviation Consumer Protection.
Subtitle B--Accessibility
Sec. 731. Extension of the advisory committee on the air travel needs
of passengers with disabilities.
Sec. 732. Modernization and improvements to aircraft evacuation.
Sec. 733. Improved training standards for assisting passengers who use
wheelchairs.
Sec. 734. Training standards for stowage of wheelchairs and scooters.
Sec. 735. Mobility Aids On Board Improve Lives and Empower All Act.
Sec. 736. Prioritizing Accountability and Accessibility for Aviation
Consumers Act of 2023.
Sec. 737. Transportation of organs.
Sec. 738. Access and Dignity for All People who Travel Act.
Sec. 739. Equal Accessibility to Passenger Portals Act.
Sec. 740. Store On-board Wheelchairs in Cabin Act.
Subtitle C--Air Service Development
Sec. 741. Essential air service.
Sec. 742. Small community air service development grants.
Sec. 743. GAO study and report on the alternate Essential Air Service
program.
TITLE VIII--NEW ENTRANTS
Subtitle A--Unmanned Aircraft Systems
Sec. 801. Office of Advanced Aviation Technology and Innovation.
Sec. 802. Advanced Aviation Technology and Innovation Steering
Committee.
Sec. 803. Beyond visual line of sight operations for unmanned aircraft
systems.
Sec. 804. Extending special authority for certain unmanned aircraft
systems.
Sec. 805. Environmental Review and Noise Certification.
Sec. 806. UTM implementation.
Sec. 807. Operations over the high seas.
Sec. 808. Extension of the BEYOND program.
Sec. 809. Extension of the Know Before You Fly campaign.
Sec. 810. Unmanned aircraft system data exchange.
Sec. 811. Unmanned aircraft system detection and mitigation enforcement
authority.
Sec. 812. Recreational operations of drone systems.
Sec. 813. UAS test ranges.
Sec. 814. Authority regarding protection of certain facilities and
assets from unmanned aircraft.
Sec. 815. Airport safety and airspace hazard mitigation and
enforcement.
Sec. 816. Special authority for transport of hazardous materials by
commercial package delivery unmanned
aircraft systems.
Subtitle B--Advanced Air Mobility
Sec. 821. Sense of Congress on FAA leadership.
Sec. 822. Aviation Rulemaking Committee on certification of powered-
lift aircraft.
Sec. 823. Application of National Environmental Policy Act (NEPA)
categorical exclusions for vertiport
projects.
Sec. 824. Advanced Air Mobility Working Group amendments.
Sec. 825. Rules for operation of powered-lift aircraft.
Sec. 826. International coordination on powered-lift aircraft.
Sec. 827. Advanced air mobility propulsion systems aviation rulemaking
committee.
TITLE IX--RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES
Sec. 901. Advanced materials center of excellence enhancements.
Sec. 902. Center of excellence for unmanned aircraft systems.
Sec. 903. ASSUREd safe credentialing authority.
Sec. 904. FAA and NASA advanced aviation technologies pilot program.
Sec. 905. Advancing global leadership on civil supersonic aircraft.
Sec. 906. CLEEN engine and airframe technology partnership.
Sec. 907. Hypersonic flight testing.
Sec. 908. Hypersonic pathway to integration study.
Sec. 909. Operating high-speed flights in high altitude Class E
airspace.
Sec. 910. Electric propulsion aircraft operations study.
Sec. 911. Contract weather observers program.
Sec. 912. Airfield pavement technology program.
Sec. 913. National aviation research plan modification.
Sec. 914. FAA and NASA research and development coordination review.
Sec. 915. Research and development of FAA's aeronautical information
systems modernization activities.
Sec. 916. Center of Excellence for Alternative Jet Fuels and
Environment.
Sec. 917. Aircraft Noise Advisory Committee.
TITLE X--MISCELLANEOUS
Sec. 1001. Noise mitigation.
TITLE XI--TECHNICAL CORRECTIONS
Sec. 1101. Technical corrections.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--Unless otherwise specified, the term
``Administrator'' means the Administrator of the Federal
Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(3) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(5) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Transportation.
TITLE I--AUTHORIZATIONS
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) of title 49, United States
Code, is amended by striking paragraphs (1) through (6) and inserting
the following: ``
``(1) $4,000,000,000 for fiscal year 2024;
``(2) $4,000,000,000 for fiscal year 2025;
``(3) $4,000,000,000 for fiscal year 2026;
``(4) $4,000,000,000 for fiscal year 2027; and
``(5) $4,000,000,000 for fiscal year 2028.''.
(b) Obligation Authority.--Section 47104(c) of title 49, United
States Code, is amended, in the matter preceding paragraph (1), by
striking ``2023,'' and inserting ``2028,''.
SEC. 102. FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is amended by
striking paragraphs (1) through (6) and inserting the following:
``(1) $3,575,000,000 for fiscal year 2024.
``(2) $3,625,000,000 for fiscal year 2025.
``(3) $3,675,000,000 for fiscal year 2026.
``(4) $3,675,000,000 for fiscal year 2027.
``(5) $3,675,000,000 for fiscal year 2028.''.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United States Code,
is amended by striking subparagraphs (A) through (F) and inserting the
following:
``(A) $12,740,000,000 for fiscal year 2024;
``(B) $13,033,000,000 for fiscal year 2025;
``(C) $13,500,000,000 for fiscal year 2026;
``(D) $13,900,000,000 for fiscal year 2027; and
``(E) $14,400,000,000 for fiscal year 2028.''.
(b) Authority to Transfer Funds.--Section 106(k)(3) of title 49,
United States Code, is amended by striking ``fiscal years 2018 through
2023'' and inserting ``fiscal years 2024 through 2028''.
SEC. 104. EXTENSION OF EXPIRING AUTHORITIES.
(a) Marshall Islands, Micronesia, and Palau.--Section 47115(i) of
title 49, United States Code, is amended by striking ``fiscal years
2018 through 2023'' and inserting ``fiscal years 2024 through 2028''.
(b) Extension of Compatible Land Use Planning and Projects by State
and Local Governments.--Section 47141(f) of title 49, United States
Code, is amended by striking ``September 30, 2023'' and inserting
``September 30, 2028''.
(c) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat.
2518) is amended by striking ``fiscal years 2018 through 2023'' and
inserting ``fiscal years 2024 through 2028''.
(d) Authority to Provide Insurance.--Section 44310(b) of title 49,
United States Code, is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2028.''.
SEC. 105. AUTHORITY TO SUBPOENA PHYSICAL EVIDENCE.
Section 46104(a)(1) of title 49, United States Code, is amended by
striking ``and records'' and inserting ``, records, including documents
and data, whether stored in a physical or electronic format, and
tangible objects''.
SEC. 106. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a) of title 49, United States Code, is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) by paragraph (15), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(16) $344,000,000 for fiscal year 2024;
``(17) $360,000,000 for fiscal year 2025;
``(18) $367,000,000 for fiscal year 2026;
``(19) $374,000,000 for fiscal year 2027; and
``(20) $390,000,000 for fiscal year 2028.''.
SEC. 107. EFFECTIVE DATE.
The amendments made by this subtitle (other than in section 105)
shall take effect on October 1, 2023.
TITLE II--FAA OVERSIGHT AND ORGANIZATION
Subtitle A--Organization
SEC. 201. FUTURE OF NEXTGEN.
(a) Completion and Sunset.--
(1) Key programs.--Not later than December 31, 2025, the
FAA shall operationalize all the key programs under the NextGen
project as described in the FAA's deployment plan.
(2) Office; advisory committee.--The NextGen Office and the
NextGen Advisory Committee shall terminate on December 31,
2025.
(3) Transfer of residual nextgen implementation functions;
status report.--If the FAA does not complete the NextGen
project by the deadline specified in paragraph (1), the
Administrator shall transfer the residual functions of
completing NextGen to the Airspace Innovation Office
established under section 202.
(4) Transfer of advanced air mobility functions.--Not later
than 90 days after the date of enactment of this section, any
AAM (as defined in section 106(u)(7) of title 49, United States
Code (as added by section 801)) relevant functions, duties, and
responsibilities of the NAS Systems, Engineering, & Integration
Office or other Offices within the Office of NextGen shall be
incorporated into the Office of Advanced Aviation Technology
and Innovation established under section 106(u) of title 49,
United States Code (as so added).
(5) Status reports.--If the FAA does not complete the
NextGen project by the deadline specified in paragraph (1), the
Administrator shall, not later than 30 days after such
deadline, and quarterly thereafter until all key programs under
the NextGen project are deployed, brief the appropriate
committees of Congress on the status of each incomplete
program, including, with respect to each such incomplete
program--
(A) an explanation as to why the program deployment
was delayed or not completed by such deadline;
(B) an assessment of the key risks to the full
implementation of the program and a description of how
the FAA is mitigating, or plans to mitigate, those
risks; and
(C) a detailed schedule of actions necessary to
complete the program, including updated milestones and
deadlines.
(b) Independent Report.--
(1) In general.--Not later than 90 days of the date of
enactment of this section, the Administrator shall contract
with an independent third-party contractor or a Federally
funded research and development center to develop a report
reviewing and assessing the implementation of the NextGen
project.
(2) Requirements.--The report developed under paragraph (1)
shall include the following:
(A) Evaluation of the promised operational benefits
at the time of initiation and the realized benefits
upon completion of the NextGen project.
(B) Recommendations for the technical capacity and
resources needed by the FAA in order to oversee a
comprehensive airspace modernization project on-
schedule and on-budget.
(C) Identification of programs under the NextGen
project that were significantly delayed, significantly
diminished, or ultimately not implemented, including an
explanation of the cause of the delay, reduction, or
removal of the program from the NextGen project by the
FAA. This discussion shall include at a minimum,
programs relating to expanding surveillance coverage
across the country, increasing performance-based
navigation, and improving enroute data communications.
(D) Identification of any challenges that impacted
the implementation of the NextGen project.
(E) Identification of any lessons learned during
the NextGen project effort, and whether, how, and to
what effect those lessons may be applied to future
national airspace system modernization efforts.
(F) Assessment of national airspace system user
engagement in the NextGen project priorities and
implementation.
(G) Recommendations of the justifications for
further national airspace system modernization efforts
including economic, safety, efficiency, capacity,
predictability, and resiliency of the United States air
transportation system.
(3) Deadline.--Not later than June 30, 2026, the report
developed under paragraph (1) shall be submitted to the
Administrator and the appropriate committees of Congress.
SEC. 202. AIRSPACE INNOVATION OFFICE.
(a) Establishment.--
(1) In general.--On January 1, 2026, the Administrator
shall establish within the FAA the Airspace Innovation Office
(in this section referred to as the ``Office'').
(2) Assistant administrator.--The Office shall be led by
the Assistant Administrator.
(3) Duties.--The Office shall be responsible for--
(A) the research and development, systems
engineering, enterprise architecture, and portfolio
management for the continuous modernization of the
national airspace system; and
(B) developing an integrated plan for the future
state of the national airspace system and overseeing
the deployment of the system.
(4) Consultation.--The Assistant Administrator shall
consult, as necessary, with the Chief Technology Officer
appointed under section 106(s) of title 49, United States Code,
and the Associate Administrator for Advanced Aviation
Technology and Innovation appointed under section 106(u) of
title 49, United States Code (as added by section 801).
(b) Integrated Plan Requirements.--The integrated plan developed by
the Office shall be designed to ensure that the national airspace
system meets future safety, security, mobility, efficiency, and
capacity needs of a diverse set of airspace users. The integrated plan
shall include the following:
(1) A description of the demand for services that will be
required of the Nation's future air transportation system, and
an explanation of how those demand projections were derived,
including--
(A) the most likely range of average annual
resources required over the duration of the plan to
cost-effectively maintain the safety, sustainability,
and other characteristics of national airspace
operation and the FAA's mission; and
(B) an estimate of FAA resource requirements by
user group, including expectations concerning the
growth of new entrants and potential new users.
(2) A roadmap for creating and implementing the integrated
plan, including--
(A) the most significant technical, operational,
and personnel obstacles and the activities necessary to
overcome such obstacles, including the role of other
Federal agencies, corporations, institutions of higher
learning, and non-profit organizations in carrying out
such activities;
(B) the annual anticipated cost of carrying out
such activities; and
(C) the technical milestones that will be used to
evaluate the activities.
(3) A description of the operational concepts to meet the
system performance requirements for all system users and a
timeline and anticipated expenditures needed to develop and
deploy the system.
(4) The management of the enterprise architecture framework
for the introduction of these operational improvements and to
inform FAA financial decision-making.
(5) A business case for the operational improvements that
the Office will develop and deploy not later than 2040,
including the benefits, costs, and risks of the preferred and
alternative options.
(c) Considerations.--In developing and carrying out the integrated
plan, the Office shall consider--
(1) the results and recommendations of the independent
report on implementation of the NextGen project under section
201(b);
(2) the status of the transition to, and deployment of,
trajectory-based operations within the national airspace
system; and
(3) the audit of legacy systems required by section 407,
and the resulting plan to replace or enhance the identified
legacy systems within a reasonable time frame.
(d) Consultation.--In developing and carrying out the integrated
plan, the Office shall consult with representatives from--
(1) the National Aeronautics and Space Administration;
(2) airlines;
(3) business aviation;
(4) general aviation;
(5) aviation labor groups;
(6) aviation research and development entities;
(7) aircraft and avionics manufacturers;
(8) air traffic control suppliers;
(9) commercial space industry;
(10) commercial and recreational drone industry; and
(11) any other entities the Office deems necessary.
(e) Plan Deadline; Briefings.--
(1) Plan deadline.--Not later than November 30, 2026, the
Administrator shall submit the integrated plan required by
subsection (a)(3)(B) to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations
of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Appropriations of the House of Representatives.
(2) Annual briefings.--The Administrator shall provide the
committees of Congress specified in paragraph (1) with an
annual briefing describing the progress in carrying out the
integrated plan required by subsection (a)(3)(B), including any
changes to the plan.
(f) DOT Inspector General Review.--Not later than 180 days
following submission of the integrated plan under subsection (e)(1),
the Inspector General of the Department of Transportation shall review
the integrated plan and submit to the committees of Congress specified
in paragraph (1) a report that--
(1) assesses the business case for the integrated plan;
(2) provides any recommendations for improving the
integrated plan; and
(3) includes any other information that the Inspector
General determines appropriate.
(g) Limitation.--The FAA is not authorized to spend any amounts on
the deployment of new air traffic management technologies and
operational improvements that have yet to be deployed and identified in
the integrated plan until the committees of Congress specified in
paragraph (1) have been briefed under subsection (e)(2).
SEC. 203. COMMERCIAL SOFTWARE OPTIONS FOR IMPROVING ASIAS ANALYTICS.
(a) ASIAS Analytics.--
(1) Evaluation.--Not later than 180 days after the date of
enactment of this section, the Administrator shall evaluate
whether commercial software solutions are available to improve
the FAA's Aviation Safety Information Analysis and Sharing
(ASIAS) system to advance the system's predictive capabilities
and analytical solutions developed.
(2) Requirements.--In carrying out the evaluation required
by paragraph (1), the Administrator shall--
(A) prioritize production-ready configurable
solutions over custom development to support FAA
critical aviation safety programs; and
(B) ensure that adequate market research is
completed in accordance with FAA acquisition management
system requirements, including appropriate live
demonstrations of proposed solutions, as part of the
evaluation criteria.
(b) Congressional Briefing.--Not later than 2 years after the date
of enactment of this section, the Administrator shall submit to the
appropriate committees of Congress a briefing on the results of the
evaluation carried out under subsection (a) that--
(1) includes an assessment of the FAA's progress toward
achieving previously identified milestones for ASIAS by the
Inspector General of the Department of Transportation and the
Special Committee to Review FAA Aircraft Certification Reports;
and
(2) outlines the FAA's plan to use rapidly deployable
commercial solutions to assist the FAA in meeting such
milestones.
SEC. 204. AUTHORITY TO USE ELECTRONIC SERVICE.
Section 46103 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
after the semicolon;
(ii) in subparagraph (C), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(D) by electronic or facsimile transmission to
the person to be served or the designated agent of the
person; or
``(E) as designated by regulation or guidance
published in the Federal Register.''; and
(B) by adding at the end the following:
``(3) The date of service made by an electronic or
facsimile method is--
``(A) the date an electronic or facsimile
transmission is sent; or
``(B) the date a notification is sent by an
electronic or facsimile method that a notice, process,
or action is immediately available and accessible in an
electronic database.''; and
(2) in subsection (c) by striking the first sentence and
inserting ``Service on an agent designated under this section
shall be made at the office or usual place of residence of the
agent or at the electronic or facsimile address designated by
the agent.''.
Subtitle B--Regulatory Reform
SEC. 211. SAFETY AND EFFICIENCY THROUGH DIGITIZATION OF FAA SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Administrator shall--
(1) identify, at the discretion of the Administrator, 3
processes of the FAA that result in a certification (such as an
aircraft certification, aircraft registration, or airmen
certification) or authorization, an exemption, or a letter of
authorization; and
(2) initiate the digitization of such processes.
(b) Requirements.--In carrying out the digitization required by
subsection (a), the Administrator shall ensure that the digitization of
any process allows for--
(1) an applicant to track their application throughout the
period of submission and review of such application; and
(2) the status of the application to be available upon
demand to the applicant, as well as FAA employees responsible
for reviewing and making a decision on the application.
(c) Briefing to Congress.--Not later than 1 year after the date on
which the Administrator initiates the digitization under subsection
(a)(2), the Administrator shall brief the appropriate committees of
Congress on the progress of such digitization.
(d) Definition of Digitization.--In this section, the term
``digitization'' means the transition from a predominantly paper-based
system to a system centered on the use of a data management system and
the internet.
SEC. 212. REPORT ELIMINATION OR MODIFICATION.
(a) Reports Modified.--
(1) Report on the airport improvement program.--
(A) In general.--Section 47131(a) of title 49,
United States Code, is amended by striking the first
sentence and inserting ``Not later than June 1, 2025,
and biennially thereafter, the Secretary of
Transportation shall submit to Congress a report on
activities carried out under this subchapter during the
prior 2 fiscal years.''.
(B) Conforming amendments.--
(i) Section 47131 of title 49, United
States Code, is amended in the section heading
by striking ``Annual'' and inserting
``Biennial''.
(ii) The analysis for chapter 471 of title
49, United States Code, is amended by striking
the item relating to section 47131 and
inserting the following:
``47131. Biennial report.''.
(2) National aviation research plan.--
(A) Section 44501(c)(1) of title 49, United States
Code, is amended by striking ``the date of submission''
and inserting ``90 days after the date of submission''.
(B) Section 48102(g) of title 49, United States
Code, is amended by striking ``the date of submission''
and inserting ``90 days after the date of submission''.
(b) Reports Eliminated.--
(1) Laser pointer incidents.--Section 2104(a) of the FAA
Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301
note) is amended by striking ``Beginning 90 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with appropriate
Federal law enforcement agencies, shall provide quarterly
updates to the appropriate committees of Congress regarding''
and inserting ``The Administrator of the Federal Aviation
Administration, in coordination with appropriate Federal law
enforcement agencies, shall provide an annual briefing to the
appropriate committees of Congress regarding''.
(2) Report on helicopter air ambulance operations.--Section
44731 of title 49, United States Code, is amended--
(A) in subsection (d)--
(i) in the subsection heading, by striking
``Report to Congress'' and inserting
``Briefing'';
(ii) by striking the first sentence and
inserting ``The Administrator shall provide a
briefing to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate annually on the
data collected under subsection (a).''; and
(iii) in the second sentence by striking
``report'' and inserting ``briefing''; and
(B) in subsection (e)(2), by striking ``the
report'' and inserting ``the briefing''.
SEC. 213. INTERNAL REGULATORY PROCESS REVIEW.
(a) In General.--The Secretary shall establish an internal
regulatory process review team (in this section referred to as the
``review team'') comprising of FAA employees and individuals described
in subsection (b) to develop recommendations to improve the timeliness
of, and performance accountability in, the development and promulgation
of regulatory materials (as defined in subsection (g)). The review team
shall deliver a report with recommendations to the Secretary in
accordance with the deadlines specified in subsection (e).
(b) Other Members; Consultation.--
(1) In general.--The review team shall include outside
experts and academics with relevant experience or expertise in
aviation safety and in improving the performance,
accountability, and transparency of the Federal regulatory
process, particularly as it relates to aviation safety. The
review team shall include at least 3 outside experts or
academics with relevant experience or expertise in aviation
safety and at least 1 outside expert or academic with relevant
experience or expertise in improving the performance,
accountability, and transparency of the Federal regulatory
process, particularly as it relates to aviation safety.
(2) Consultation.--The review team may, as appropriate,
consult with industry stakeholders.
(c) Contents of Review.--In conducting the review required under
subsection (a), the review team shall do the following:
(1) Develop a proposal for rationalizing processes and
eliminating redundant administrative review of regulatory
materials within the FAA, particularly when FAA-sponsored rule-
making committees and stakeholders have collaborated on the
proposed regulations to address airworthiness standards
deficiencies.
(2) With respect to each office within the FAA that reviews
regulatory materials, assess--
(A) the timeline assigned to each such office to
complete the review of regulatory materials;
(B) the actual time spent for such review;
(C) opportunities to reduce the actual time for
such review; and
(D) whether clear roles, responsibilities,
requirements, and expectations are clearly defined for
each office required to review the regulatory
materials.
(3) Define and document the roles and responsibilities of
each office within the FAA that develops, drafts or reviews
each kind of regulatory material in order to ensure that hiring
reflects who, where, and how these employees function in the
rulemaking framework.
(4) Describe any organizational changes or the need to hire
additional FAA employees, if necessary and taking into
consideration whether current positions are staffed, to reduce
delays in publication of proposed and final regulatory
materials.
(5) In order to provide the public with detailed
information on the progress of the development of regulatory
materials, identify reporting mechanisms and develop a template
and appropriate system metrics for making publicly available on
a website a real-time progress tracker that updates itself to
show the major stages (as determined by the Secretary) of the
development of regulatory materials as they are initiated, in
progress, and completed, from inception of a proposed
development of regulatory materials to publication of the final
version of such materials.
(6) Consider changes to the FAA's best practices under
rules governing ex parte communications with other validating
authorities, including international validating authorities,
and with consideration of the public interest in transparency,
to provide flexibility for FAA employees to discuss regulatory
materials, particularly for those related to enhancing aviation
safety and the United States' aviation international
leadership.
(7) Recommend methods by which the FAA can incorporate
research funded by the Department of Transportation, in
addition to consensus standards and conformance assessment
processes set by private sector standards-developing
organizations into regulatory materials, to keep pace with
rapid changes in aviation technologies and processes.
(8) Recommend mechanisms to optimize the roles of the
Office of the Secretary of Transportation and the Office of
Management and Budget, with the objective of improving the
efficiency of regulatory activity.
(d) Action Plan.--The Administrator shall develop an action plan to
implement the recommendations developed by the review team. The
Administrator shall publish the action plan on the Internet website of
the FAA and shall transmit the plan to the appropriate committees of
Congress.
(e) Deadlines.--The requirements of this section shall be subject
to the following deadlines:
(1) The review team shall complete the evaluation required
under subsection (a) and submit the review team's report on
such evaluation to the Secretary not later than 120 days after
the date of enactment of this section.
(2) The Administrator shall develop and publish the action
plan under subsection (d) not later than 30 days after the date
on which the review team submits the report required by
subsection (a) to the Administrator.
(f) Administrative Procedure Requirements Inapplicable.--The
provisions of subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative Procedure
Act'') shall not apply to any activities of the review team in carrying
out the requirements of this section.
(g) Regulatory Materials Defined.--In this section, the term
``regulatory materials'' means rules, orders, advisory circulars,
statements of policy, guidance, and other materials related to aviation
safety regulations, as well as other materials pertaining to training
and operation of aeronautical products.
SEC. 214. REVIEW AND UPDATES OF CATEGORICAL EXCLUSIONS.
Not later than 2 year after the date of enactment of this section,
the Secretary shall--
(1) identify each categorical exclusion under the
jurisdiction of the Department of Transportation (referred to
in this section as the ``Department''), including any operating
administration within the Department; and
(2) review, adopt, and broaden the applicability of
categorical exclusions to enable the use by operating
administrations of the Department, as relevant and appropriate,
of categorical exclusions identified in paragraph (1).
TITLE III--SAFETY IMPROVEMENTS
SEC. 301. INDEPENDENT STUDY ON FUTURE STATE OF TYPE CERTIFICATION
PROCESSES.
(a) Review and Study.--Not later than 60 days after the date of
enactment of this section, subject to the availability of
appropriations, the Administrator shall enter into an agreement with an
appropriate Federally-funded research and development center, or other
independent nonprofit organization that recommends solutions to
aviation policy challenges through objective analysis, to conduct a
review and study in accordance with the requirements and elements set
forth in this section.
(b) Elements.--The review and study under subsection (a) shall
provide analyses, assessments, and recommendations that address the
following:
(1) A vision for a future state of type certification that
reflects the highly complex, highly integrated nature of
today's aircraft and improvements in aviation safety.
(2) A review of the current tools and techniques used for
type certification and an evaluation of whether use of advanced
digital tools and techniques, including model-based system
engineering, would improve the type certification process and
enhance aviation safety.
(3) How the FAA could develop a risk-based model for type
certification that improves the safety of aircraft.
(4) What changes are needed to ensure that corrective
actions for continued operational safety issues can be approved
and implemented quickly, particularly with respect to software
modifications, while maintaining the safety of the type
certification process.
(5) What efficiencies and safety process improvements are
needed in the FAA's type certification system that will
facilitate the assessment and integration of innovating
technologies that advance aviation safety, such as conducting
product familiarization, developing certification requirements,
and demonstrating flight test safety readiness.
(6) Best practices and tools used by other certification
authorities that could be adopted by the FAA and the United
States, as well as the best practices and tools used by the
United States which can be shared with other certification
authorities.
(c) Report.--Not later than 15 months after the date of enactment
of this section, the organization conducting the review and study shall
submit to the Administrator and the appropriate committees of Congress
a report on the results of the review and study that includes the
findings and recommendations of the organization.
(d) Congressional Briefing.--Not later than 270 days after the
report required under subsection (c) is submitted to the Administrator,
the Administrator shall brief the appropriate committees of Congress
regarding the FAA's response to the findings and recommendations of
such report, what actions the FAA will take as a result of such
findings and recommendations, and the FAA rationale for not taking
action on any specific recommendation.
SEC. 302. REPORT ON INTERNATIONAL VALIDATION PROGRAM PERFORMANCE.
(a) In General.--Not later than 120 days after the date of
enactment of this section, the Secretary shall evaluate the performance
of the FAA's type certificate validation program under bilateral
agreements, with reference to agreed implementation procedures.
(b) Contents.--The evaluation under subsection (a) shall consider,
at minimum, the following:
(1) Progress under section 243(a) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44701 note) with respect
to improving the FAA's leadership abroad.
(2) Performance, with reference to metrics such as the
number and types of projects, timeline milestones, the
validating authority level of involvement and certifying
authority delegation, and trends relating to the repeated use
of non-basic criteria, relating to review systems or methods of
compliance that have been validated previously in similar
context.
(3) Training on the minimum standards for validation work
plan content, such as the validating authority level of
involvement, and what constitutes justification for level of
involvement and compliance document requests.
(4) The perspectives of FAA employees responsible for type
validation projects, bilateral civil aviation regulatory
partners, and industry applicants, on the FAA's performance in
carrying out validation projects.
(5) The levels of funding and staffing for the
International Validation Branch of the Compliance and
Airworthiness Division of the Aircraft Certification Service of
the FAA compared to the Branch's workload and goals.
(6) The effectiveness of FAA training for employees and of
outreach conducted to improve and enforce validation processes.
(7) Efforts undertaken to strengthen relationships with
international certification authorities to maximize safety
cooperation and the use of approvals issued by other certifying
authorities in compliance with applicable bilateral agreements
and implementation procedures.
(c) Report.--The Administrator shall issue a report regarding the
evaluation required under subsection (a) to the appropriate committees
of Congress not later than 1 year after the date of enactment of this
section.
SEC. 303. HIGH RISK FLIGHT TESTING.
(a) In General.--Not later than 2 years after the date of enactment
of this section, the Administrator shall take necessary actions,
including as appropriate, amending part 21 of title 14, Code of Federal
Regulations, and revising or modifying any associated advisory
circulars, guidance, or policy of the FAA, in accordance with this
section to improve flight test safety risk.
(b) Requirements.--In developing, amending, revising, or modifying
regulations, advisory circulars, guidance, or policy under subsection
(a), the Administrator shall do the following:
(1) Develop validation criteria and procedures whereby data
produced in high fidelity engineering laboratories and
facilities may be allowed in conjunction with, or in lieu of,
data produced on a flying test article to support an
applicant's showing of compliance required under section
21.35(a)(1) of title 14, Code of Federal Regulations.
(2) Develop criteria and procedures whereby an Organization
Designation Authorization (as defined in section 44736(c)(5) of
title 49, United States Code) may recommend that certain data
produced during an applicant's company flight test program may
be accepted by the FAA as final compliance data in accordance
with section 21.35(b) of title 14, Code of Federal Regulations,
at the sole discretion of the FAA.
(3) Work with other civil aviation authorities representing
States of Design to identify their best practices relative to
high-risk flight testing and adopt those practices into the
FAA's flight-testing requirements to the maximum extent
practicable.
SEC. 304. RECORDING DEVICES.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 44745. Cockpit recording device
``(a) In General.--Not later than 18 months after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration shall complete a rulemaking proceeding to--
``(1) require that, not later than 4 years after the date
of enactment of this Act, all applicable aircraft are fitted
with a cockpit voice recorder and a flight data recorder that
are each capable of recording the most recent 25 hours of data;
``(2) prohibit any person from deliberately erasing or
tampering with any recording on such a cockpit voice recorder
or flight data recorder following a National Transportation
Safety Board reportable event under part 830 of title 49, Code
of Federal Regulations, and provide for civil and criminal
penalties for such deliberate erasing or tampering, which may
be assessed in accordance with section 1155 of this title and
section 32 of title 18;
``(3) require that such a cockpit voice recorder has the
capability for an operator to use an erasure feature, such as
an installed bulk erase function, consistent with applicable
law and regulations;
``(4) require that, in the case of such a cockpit voice
recorder or flight data recorder that uses a solid state
recording medium in which activation of a bulk erase function
assigns a random discrete code to the deleted recording, only
the manufacturer of the recorder and National Transportation
Safety Board have access to the software necessary to determine
the code in order to extract the deleted recorded data; and
``(5) ensure that data on such a cockpit voice recorder or
a flight data recorder, through technical means other than
encryption (such as overwriting or the substitution of a blank
recording medium before the recorder is returned to the owner)
is not disclosed for use other than for accident or incident
investigation purposes.
``(b) Prohibited Use.--A cockpit voice recorder recording shall not
be used by the Administrator or any employer for any certificate
action, civil penalty, or disciplinary proceedings against flight
crewmembers.
``(c) Applicable Aircraft Defined.--In this section, the term
`applicable aircraft' means an aircraft that is--
``(1) operated under part 121 or 135 of title 14, Code of
Federal Regulations; and
``(2) required by regulation to have a cockpit voice
recorder or a flight data recorder.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, is amended by inserting after the item relating to
section 44744 the following:
``44745. Recording devices.''.
SEC. 305. HELICOPTER SAFETY.
(a) In General.--Not later than 270 days after the date of
enactment of this section, the Administrator shall task the Aviation
Rulemaking Advisory Committee (in this section referred to as the
``Committee'') with reviewing and assessing the need for changes to the
safety requirements for turbine-powered rotorcraft certificated for 6
or more passenger seats in relation to flight data recorders, flight
data monitoring, and terrain awareness and warning systems. The
Committee shall submit to the Administrator a report on the findings
from such review and assessment, together with recommendations for such
legislative or administrative action the Committee deems appropriate.
(b) Considerations.--In reviewing and assessing the safety
requirements under subsection (a), the Committee shall consider--
(1) any applicable safety recommendations of the National
Transportation Safety Board; and
(2) the operational requirements and safety considerations
for operations under parts 121 and 135 of title 14, Code of
Federal Regulations.
(c) Briefing.--Not later than 30 days after the date on which the
Committee submits the report under subsection (a), the Administrator
shall brief the appropriate committees of Congress on--
(1) the findings and recommendations included in the
Committee's report; and
(2) the Administrator's plan, if any, to implement such
recommendations.
SEC. 306. REVIEW AND INCORPORATION OF HUMAN READINESS LEVELS INTO
AGENCY GUIDANCE MATERIAL.
(a) Findings.--Congress finds the following:
(1) Proper attention to human factors during the
development of technological systems is a significant factor in
minimizing or preventing human error.
(2) The evaluation and monitoring of a new aviation
technology or system with respect to human use throughout its
design and development may reduce human error in new systems
and technologies when used in operational conditions.
(3) The technical standard ``ANSI/HFES 400-2021, Human
Readiness Level Scale in the System Development Process''
defines the 9 levels of a Human Readiness Level scale and their
application in systems engineering and human systems
integration processes.
(b) Review.--Not later than 90 days after the date of enactment of
this section, the Administrator shall initiate a process to review
ANSI/HFES Standard 400-2021 and determine whether any materials from
this standard can and should be incorporated or referenced in agency
procedures and guidance material in order to enhance safety in relation
to human factors.
(c) Consultation.--In carrying out subsection (b), the
Administrator shall conduct a review of the ANSI/HFES 400-2021
technical standard and may consult with subject matter experts
affiliated with the authoring organization for such technical standard.
(d) Briefing.--Not later than 180 days after the date of enactment
of this section, the Administrator shall brief the appropriate
committees of Congress on the progress of the review required by
subsection (b).
SEC. 307. SERVICE DIFFICULTY REPORTS.
(a) Annual Congressional Briefings.--Not later than 1 year after
the date of enactment of this section, and annually thereafter, the
Administrator shall brief the appropriate committees of Congress on
compliance during the preceding year with requirements relating to
Service Difficulty Reports, specifically--
(1) compliance by operators with the requirements of
section 121.703 of title 14, Code of Federal Regulations;
(2) compliance by approval or certificate holders with the
requirements of section 183.63 of title 14, Code of Federal
Regulations; and
(3) compliance by FAA offices with the requirements for
investigation of Service Difficulty Reports, as documented in
the following FAA Orders (and any subsequent revisions of such
Orders):
(A) FAA Order 8900.1A, Flight Standards Information
Management System (issued October 27, 2022);
(B) FAA Order 8120.23A, Certificate Management of
Production Approval Holders (issued March 6, 2017); and
(C) FAA Order 8110.107A, Monitor Safety/Analyze
Data (issued October 1, 2012).
(b) Requirements.--The briefings required by subsection (a) shall
include the following with respect to the preceding year:
(1) Identification of categories of service difficulties
reported, as determined by the Administrator, including
repetitive service difficulties reported.
(2) The causes of the service difficulties, as determined
by the Administrator.
(3) Actions taken by, or required by, the Administrator to
address the identified causes of service difficulties.
(4) Violations of title 14, Code of Federal Regulations,
and what, if any, action the FAA took in response to a
violation, including any actions set forth in FAA Order
2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10
(issued September 18, 2018) (or any subsequent revisions of
such Order).
SEC. 308. ACCOUNTABILITY AND COMPLIANCE.
(a) In General.--Section 44704(a)(1) of title 49, United States
Code, is amended by adding at the end the following: ``When an
applicant submits design data to the Administrator for a finding of
compliance as part of an application for a type certificate, the
applicant shall certify to the Administrator that the submitted design
data demonstrates compliance with the applicable airworthiness
standards or that any airworthiness standards not complied with are
compensated for by factors that provide an equivalent level of safety
as agreed upon by the Administrator.''
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Administrator shall provide to the
appropriate committees of Congress a briefing on the implementation of
the certification required by the amendment made by subsection (a).
SEC. 309. ACCOUNTABILITY FOR AIRCRAFT REGISTRATION NUMBERS.
The Administrator shall review the process of reserving aircraft
registration numbers and implement appropriate changes to ensure the
fair participation by the general public, including the implementation
of readily available software to prevent any computer auto-fill systems
from reserving aircraft registration numbers in bulk.
SEC. 310. AIRCRAFT REGISTRATION.
(a) In General.--Chapter 441 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 44114. Reregistration of aircraft
``If an application for reregistration of an aircraft is filed
before the date on which the aircraft's registration expires, the
aircraft may continue to be operated after the expiration of the 90-day
period following the date on which the owner of the aircraft filed such
reregistration application (without regard for whether the
Administrator has received such reregistration application), provided
that--
``(1) any operator of the aircraft has evidence aboard the
aircraft that the owner of the aircraft filed the
reregistration application with the Administrator not less than
90 days previously; and
``(2) the Administrator has not rejected such
reregistration application.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 90 days after the date of enactment of
this section.
(c) Clerical Amendment.--The analysis for chapter 441 of such title
is amended by inserting after the item relating to section 44113 the
following:
``44114. Reregistration of aircraft.''.
SEC. 311. FAA OVERSIGHT OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED
STATES.
(a) In General.--Section 44733 of title 49, United States Code, is
amended--
(1) in the section heading by striking ``Inspection'' and
inserting ``Oversight'';
(2) in subsection (e)--
(A) in the first sentence--
(i) by inserting ``, without prior notice
to such repair stations,'' after ``annually'';
and
(ii) by inserting ``and the applicable laws
of the country in which a repair station is
located'' after ``international agreements'';
and
(B) by striking the second sentence and inserting
``The Administrator may carry out announced or
unannounced inspections in addition to the annual
unannounced inspection required under this subsection
based on identified risks and in a manner consistent
with United States obligations under international
agreements and with the applicable laws of the country
in which a repair station is located.'';
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following:
``(g) Data Analysis.--
``(1) In general.--An air carrier conducting operations
under part 121 of title 14, Code of Federal Regulations, shall,
if applicable, provide to the appropriate office of the
Administration, not less than once every year, a report
containing the information described in paragraph (2) with
respect to heavy maintenance work on aircraft (including on-
wing aircraft engines) performed in the preceding year.
``(2) Information required.--A report under paragraph (1)
shall contain the following information:
``(A) The location where any heavy maintenance work
on aircraft (including on-wing aircraft engines) was
performed outside the United States.
``(B) A description of the work performed at each
such location.
``(C) The date of completion of the work performed
at each such location.
``(D) If applicable, a list of all failures,
malfunctions, or defects affecting the safe operation
of such aircraft identified by the air carrier within
30 days after the date on which an aircraft is returned
to service, organized by reference to aircraft
registration number, that--
``(i) requires corrective action after the
aircraft is approved for return to service; and
``(ii) results from the work performed on
such aircraft.
``(E) The certificate number of the person
approving such aircraft or on-wing aircraft engine, for
return to service following completion of the work
performed at each such location.
``(3) Analysis.--The Administrator of the Federal Aviation
Administration shall--
``(A) analyze information made available under
paragraph (1) of this subsection and sections 121.703,
121.705, 121.707, and 145.221 of title 14, Code of
Federal Regulations, or any successor provisions, to
detect safety issues associated with heavy maintenance
work on aircraft (including on-wing aircraft engines)
performed outside the United States; and
``(B) require appropriate actions in response.
``(4) Confidentiality.--Information made available under
paragraph (1) shall be subject to the same protections given to
voluntarily provided safety or security related information
under section 40123.
``(h) Minimum Qualifications for Mechanics and Others Working on
U.S. Registered Aircraft.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator of the Federal
Aviation Administration shall require that, at each covered
repair station--
``(A) all supervisory personnel are appropriately
certificated as a mechanic or repairman under part 65
of title 14, Code of Federal Regulations, or under an
equivalent certification or licensing regime, as
determined by the Administrator; and
``(B) all personnel authorized to approve an
article for return to service are appropriately
certificated as a mechanic or repairman under part 65
of such title, or under an equivalent certification or
licensing regime, as determined by the Administrator.
``(2) Available for consultation.--Not later than 1 year
after the date of enactment of this subsection, the
Administrator of the Federal Aviation Administration shall
require any individual who is responsible for approving an
article for return to service or who is directly in charge of
aircraft (including on-wing aircraft engine) maintenance
performed on aircraft operated under part 121 of title 14, Code
of Federal Regulations, be available for consultation while
work is being performed at a covered repair station.''.
(b) Definition of Covered Repair Station.--
(1) In general.--Section 44733(i) of title 49, United
States Code (as redesignated by subsection (a)(3)), is
amended--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Covered repair station.--The term `covered repair
station' means a facility that--
``(A) is located outside the United States;
``(B) is certificated under part 145 of title 14,
Code of Federal Regulations; and
``(C) performs heavy maintenance work on aircraft
(including on-wing aircraft engines) operated under
part 121 of title 14, Code of Federal Regulations.''.
(2) Technical amendment.--Section 44733(a)(3) of title 49,
United States Code, is amended by striking ``covered part 145
repair stations'' and inserting ``part 145 repair stations''.
(c) Clerical Amendments.--The analysis for chapter 447 of title 49,
United States Code, is amended by striking the item relating to section
44733 and inserting the following:
``44733. Oversight of repair stations located outside the United
States.''.
SEC. 312. ALCOHOL AND DRUG TESTING AND BACKGROUND CHECKS.
(a) In General.--Subject to subsection (c), beginning on the date
that is 2 years after the date of enactment of this section, the
Administrator may not approve or authorize international travel for any
employee of the FAA until a final rule carrying out the requirements of
subsection (b) of section 2112 of the FAA Extension, Safety, and
Security Act of 2016 (49 U.S.C. 44733 note) has been published in the
Federal Register.
(b) Rulemaking on Assessment Requirement.--With respect to any
employee not covered under the requirements of section 1554.101 of
title 49, Code of Federal Regulations, the Administrator shall initiate
a rulemaking that requires a covered repair station to confirm that any
such employee has successfully completed an assessment commensurate
with a security threat assessment described in subpart C of part 1540
of such title.
(c) Exceptions.--The prohibition in subsection (a) shall not apply
to international travel that is determined by the Administrator on an
individual-by-individual basis to be--
(1) exclusively for the purpose of conducting a safety
inspection;
(2) directly related to aviation safety standards,
certification, and oversight; or
(3) vital to the national interests of the United States.
(d) Definition of Covered Repair Station.--For purposes of this
section, the term ``covered repair station'' means a facility that--
(1) is located outside the United States;
(2) is certificated under part 145 of title 14, Code of
Federal Regulations; and
(3) performs heavy maintenance work on aircraft (including
on-wing aircraft engines), operated under part 121 of title 14,
Code of Federal Regulations.
SEC. 313. CONTINUOUS AIRCRAFT TRACKING AND TRANSMISSION FOR HIGH
ALTITUDE BALLOONS.
(a) Aviation Rulemaking Committee.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish an
Aviation Rulemaking Committee (in this section referred to as
the ``Committee'') to review and develop findings and
recommendations regarding a standard that any high altitude
balloon be equipped with a system for continuous aircraft
tracking that shall transmit, at a minimum, the altitude,
location, and identity of the high altitude balloon in a manner
which is accessible to air traffic controllers, aircraft, and
other users of the National Airspace System.
(2) Composition.--The Committee shall consist of members
appointed by the Administrator, including the following:
(A) Representatives of industry.
(B) Aviation safety experts with specific knowledge
of high altitude balloon operations.
(C) Representatives of the Department of Defense.
(D) Representatives of Federal agencies that
conduct high altitude balloon operations.
(3) Report.--Not later than 18 months after the date of
enactment of this section, the Committee shall submit to the
Administrator a report detailing the findings and
recommendations of the Committee described in paragraph (1).
Such report shall include recommendations regarding the
following:
(A) How to update sections 91.215, 91.225, and
99.13 of title 14, Code of Federal Regulations, to
require any high altitude balloons to have a continuous
aircraft tracking and transmission system.
(B) Any necessary updates to the requirements for
unmanned free balloons under subpart D of part 101 of
title 14, Code of Federal Regulations.
(C) Any necessary updates to other FAA regulations
or requirements deemed appropriate and necessary by the
Administrator to--
(i) ensure any high altitude balloon has a
continuous aircraft tracking and transmission
system
(ii) ensure all data relating to the
altitude, location, and identity of any high
altitude balloon is made available to air
traffic controllers, aircraft, and other users
of the National Airspace System; and
(iii) maintain airspace safety.
(b) Rulemaking and Other Requirements.--Not later than 180 days
after the date on which the Committee submits the report under
subsection (a)(3), the Administrator shall--
(1) issue a notice of proposed rulemaking to require a
continuous aircraft tracking and transmission system for any
high altitude balloon, in accordance with the recommendations
of the Committee; and
(2) coordinate with foreign authorities (including
bilateral partners and the International Civil Aviation
Organization (ICAO)) to develop continuous aircraft tracking
and transmission system standards for any high altitude balloon
operating outside of the National Airspace System.
(c) Interim Standard.--During the period beginning on the date that
is 2 years after the date of enactment of this section and ending on
the date on which the Administrator issues a notice of proposed
rulemaking under subsection (b)(1), a person may only operate a high
altitude balloon if such balloon meets the requirements described in
section 91.215(b) of title 14, Code of Federal Regulations,
notwithstanding the exemption provided in subsection (e)(1) of such
section 91.215.
(d) Reports to Congress.--Not later than 6 months after the date of
enactment of this section, and every 6 months thereafter until the
Administrator promulgates a final rule under subsection (b), the
Administrator shall submit to the appropriate committees of Congress a
report on the status of the rulemaking and other requirements being
developed under such subsection.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) High altitude balloon.--The term ``high altitude
balloon'' means a manned or unmanned free balloon operating not
less than 10,000 feet above sea level.
SEC. 314. INTERNATIONAL ENGAGEMENT.
(a) Plan.--
(1) In general.--The Administrator shall develop and
implement a plan to enhance United States' leadership in
aviation safety and policy.
(2) Contents of plan.--The plan required under paragraph
(1) shall include, at minimum, the following:
(A) Measures to advance international cooperation
related to--
(i) approval of new safety-enhancing
technologies and aeronautical products;
(ii) development of regulatory policy and
plans related to advanced air mobility
concepts;
(iii) innovation in the general aviation
sector;
(iv) further integration of uncrewed
aircraft systems and advanced air mobility
aircraft and operators; and
(v) development of international standards
and best practices for enhancing aviation
safety consistent with United States policy and
objectives.
(B) Initiatives to attain greater expertise among
employees of the FAA on issues related to dispute
resolution, intellectual property, and export control
laws.
(C) Policy regarding the future direction and
strategy of United States engagement with the
International Civil Aviation Organization and bilateral
partner countries, including the secondment of subject
matter experts.
(D) Procedures for acceptance of mandatory
continuing airworthiness information, such as
airworthiness directives and other safety-related
regulatory documents, consistent with section
44701(e)(5) of title 49, United States Code.
(E) Measures to align the FAA's technical
assistance to foreign civil aviation regulators, taking
into account, among other factors, with respect to each
such foreign regulator, the particular aeronautical
products for which the United States is the State of
Design in operation in the State of such regulator's
jurisdiction.
(F) Measures, such as funding and the hiring of
additional FAA personnel, necessary for the FAA to
fully participate in global and bilateral activities
related to aviation safety.
(G) Measures to facilitate and expand the FAA's
international programs, training, and technical
assistance to foreign civil aviation authorities in
order to--
(i) strengthen aviation safety oversight;
(ii) meet the United Nations International
Civil Aviation Organization standards; and
(iii) further United States policy and
objectives.
(H) Initiatives to further develop and establish
the FAA's foreign offices in strategic regions,
particularly Africa and Asia-Pacific, in order to
support the FAA's international mission to promote a
safe, secure, seamless, and sustainable global
aerospace system.
(b) Public Availability of Plan.--Not later than 210 days after the
date of enactment of this Act, the Administrator shall make the plan
developed under subsection (a) available on the internet website of the
FAA.
(c) Submission to Congress.--
(1) Plan.--Not later than 210 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a copy of the plan developed
under subsection (a).
(2) Updates on implementation.--Not later than 1 year after
the submission of the plan under paragraph (1), and annually
thereafter through 2028, the Administrator shall submit to the
appropriate committees of Congress a report on the activities
the FAA is conducting in order to implement such plan.
(d) International Travel.--The Administrator, or the
Administrator's designee, may authorize international travel for any
FAA employee, without the approval of any other person or office, for
the purpose of--
(1) promotion of aviation safety and other relevant
aviation standards;
(2) providing support for expedited acceptance of FAA
design and production approvals by other civil aviation
authorities;
(3) facilitation of adoption of United States approaches on
standards and recommended practices at the International Civil
Aviation Organization; or
(4) providing support for technical assistance and training
by the FAA.
SEC. 315. AIR TOUR AND SPORT PARACHUTING SAFETY.
(a) Safety Management System Requirements for Certain Operators.--
Not later than 24 months after the date of enactment of this section,
the Administrator shall issue a final rule requiring each person
holding a certificate under part 119 of title 14, Code of Federal
Regulations, and authorized to conduct operations in accordance with
the provisions of part 135 of title 14, Code of Federal Regulations, to
implement a safety management system, as appropriate for the
operations.
(b) Other Safety Requirements for Commercial Operators.--
(1) Safety reforms.--
(A) Authority to conduct nonstop commercial air
tours.--
(i) In general.--Subject to clauses (ii)
and (iii), beginning on the date that is 3
years after the date of enactment of this
section, no person may conduct commercial air
tours unless that person--
(I) holds a certificate identifying
the person as an air carrier or
commercial operator under part 119 of
title 14, Code of Federal Regulations;
and
(II) conducts all commercial air
tours under the applicable provisions
of part 121 or part 135 of title 14,
Code of Federal Regulations.
(ii) Small business exception.--The
provisions of clause (i) shall not apply to a
person who conducts 50 or fewer commercial air
tours in a year.
(iii) Temporary exception.--Notwithstanding
the requirements of clause (i), for a period of
5 years after the date described in clause (i),
a person who holds a letter of authorization
issued by the Administrator to conduct nonstop
commercial air tours under section 91.147 of
title 14, Code of Federal Regulations, may
continue to conduct nonstop commercial air
tours under such letter of authorization so
long as the person--
(I) as of the date of enactment of
this section, has submitted (or not
later than 18 months after such date of
enactment, submits) an application to
the Administrator for an air carrier
certificate under part 119, Code of
Federal Regulations; and
(II) has not been issued such part
119 certificate or received a denial of
the application submitted under
subclause (I).
(iv) Reporting required.--Beginning on the
date that is 3 years after the date of
enactment, and every 12 months thereafter, each
person that conducts commercial air tours
(including any person excluded from the
certificate requirement under clause (ii) or
(iii)) shall report to the Administrator the
total number of commercial air tours that
person conducted during the previous 12 months.
(v) Other terms.--The Administrator shall--
(I) revise title 14, Code of
Federal Regulations, to include
definitions for the terms ``aerial
work'' and ``aerial photography'' that
are limited to aerial operations
performed for compensation or hire with
an approved operating certificate; and
(II) to the extent necessary,
revise section 119.1(e)(4)(iii) of
title 14, Code of Federal Regulations,
to conform with the requirements of
such definitions.
(B) Additional safety requirements.--Not later than
3 years after the date of enactment of this section,
the Administrator shall issue new or revised
regulations that shall require all certificated
commercial air tour operators to ensure that the doors
of the airplane or helicopter used for such tour remain
closed during the period of the tour in which the
airplane or helicopter is airborne, except for those
conducting parachute operations, and incorporate
avoidance training for controlled flight into terrain
and in-flight loss of control into the training program
required under part 121 or 135 of title 14, Code of
Federal Regulations, as applicable. The training shall
address reducing the risk of accidents involving
unintentional flight into instrument meteorological
conditions to address day, night, and low visibility
environments with special attention paid to research
available as of the date of enactment of this section
on human factors issues involved in such accidents,
including but not limited to--
(i) specific terrain, weather, and
infrastructure challenges relevant in the local
operating environment that increase the risk of
such accidents;
(ii) pilot decision-making relevant to the
avoidance of instrument meteorological
conditions while operating under visual flight
rules;
(iii) use of terrain awareness displays;
(iv) spatial disorientation risk factors
and countermeasures; and
(v) strategies for maintaining control,
including the use of automated systems.
(2) Aviation rulemaking committee.--
(A) In general.--The Administrator, shall convene
an aviation rulemaking committee to review and develop
findings and recommendations to inform--
(i) establishing a performance-based
standard for flight data monitoring for all
commercial air tour operators that reviews all
available data sources to identify deviations
from established areas of operation and
potential safety issues;
(ii) requiring all commercial air tour
operators to install flight data recording
devices capable of supporting collection and
dissemination of the data incorporated in the
Flight Operational Quality Assurance Program
(or, if an aircraft cannot be retrofitted with
such equipment, requiring the commercial air
tour operator for such aircraft to collect and
maintain flight data through alternative
methods);
(iii) requiring all commercial air tour
operators to implement a flight data monitoring
program, such as a Flight Operational Quality
Assurance Program;
(iv) establishing methods to provide
effective terrain awareness and warning; and
(v) establishing methods to provide
effective traffic avoidance in identified high-
traffic tour areas, such as requiring air tour
operators that operate within those areas be
equipped with an Automatic Dependent
Surveillance-Broadcast Out- and In-supported
traffic advisory system that--
(I) includes both visual and aural
alerts;
(II) is driven by an algorithm
designed to eliminate nuisance alerts;
and
(III) is operational during all
flight operations.
(B) Membership.--The aviation rulemaking committee
shall consist of members appointed by the
Administrator, including--
(i) representatives of industry, including
manufacturers of aircraft and aircraft
technologies;
(ii) representatives of aviation operator
organizations; and
(iii) aviation safety experts with specific
knowledge of safety management systems and
flight data monitoring programs under part 135
of title 14, Code of Federal Regulations.
(C) Duties.--
(i) In general.--The Administrator shall
direct the aviation rulemaking committee to
make findings and submit recommendations
regarding each of the matters specified in
clauses (i) through (v) of subparagraph (A).
(ii) Considerations.--In carrying out its
duties under clause (i), the Administrator
shall direct the aviation rulemaking committee
to consider--
(I) recommendations of the National
Transportation Safety Board;
(II) recommendations of previous
aviation rulemaking committees that
reviewed flight data monitoring program
requirements on part 135 commercial
operators;
(III) recommendations from industry
safety organizations, including but not
limited to the Vertical Aviation Safety
Team (VAST), the General Aviation Joint
Safety Committee, and the United States
Helicopter Safety Team (USHST);
(IV) scientific data derived from a
broad range of flight data recording
technologies capable of continuously
transmitting and that support a
measurable and viable means of
assessing data to identify and correct
hazardous trends;
(V) appropriate use of data for
modifying behavior to prevent
accidents;
(VI) the need to accommodate
technological advancements in flight
data recording technology;
(VII) data gathered from aviation
safety reporting programs;
(VIII) appropriate methods to
provide effective terrain awareness and
warning system (TAWS) protections while
mitigating nuisance alerts for
aircraft;
(IX) the need to accommodate the
diversity of airworthiness standards
under part 27 and part 29 of title 14,
Code of Federal Regulations;
(X) the need to accommodate
diversity of operations and mission
sets;
(XI) benefits of third-party data
analysis for large and small
operations;
(XII) accommodations necessary for
small businesses; and
(XIII) other issues as necessary.
(D) Reports and regulations.--The Administrator
shall--
(i) not later than 20 months after the date
of enactment of this section, submit to the
appropriate committees of Congress a report
based on the findings of the aviation
rulemaking committee;
(ii) not later than 12 months after the
date of submission of the report under clause
(i), and after consideration of the
recommendations of the aviation rulemaking
committee, issue an intent to proceed with
proposed rulemakings regarding each of the
matters specified in clauses (i) through (v) of
subparagraph (A); and
(iii) not later than 3 years after the date
of enactment of this section, issue a final
rule with respect to each of the matters
specified in such clauses of subparagraph (A).
(c) Expedited Process for Obtaining Operating Certificates.--
(1) In general.--The Administrator shall implement
procedures to improve the process for obtaining operating
certificates under part 119 of title 14, Code of Federal
Regulations.
(2) Considerations.--In carrying out paragraph (1),
beginning on the date that is 18 months after the date of
enactment of this section, the Administrator shall give
priority consideration to operators that must obtain a
certificate in accordance with subsection (b)(1)(A).
(3) Report required.--Not later than 1 year after the date
of enactment of this section, the Administrator shall submit to
the appropriate committees of Congress a report describing--
(A) how the procedures implemented under paragraph
(1) will increase the efficiency of the process for
obtaining operating certificates under part 119 of
title 14, Code of Federal Regulations, and, if
applicable, certificates authorizing operations under
part 135 of such title;
(B) how considerations under paragraph (2) will be
incorporated into procedures implemented under
paragraph (1); and
(C) any additional resources required to implement
procedures under paragraph (1).
(4) Additional reports required.--Not later than 3 years
after the date of enactment of this section, and annually
thereafter the Administrator shall submit a report to the
appropriate committees of Congress that--
(A) includes--
(i) data on certification approvals and
denials; and
(ii) data on duration of key phases of the
certification process; and
(B) identifies certification policies in need of
reform or repeal.
(d) Safety Requirements for Sport Parachute Operations.--
(1) Aviation rulemaking committee.--The Administrator,
shall convene an aviation rulemaking committee to review and
develop findings and recommendations to inform--
(A) rulemaking governing parachute operations
conducted in the United States that are subject to the
requirements of part 105 of title 14, Code of Federal
Regulations, to address--
(i) Federal Aviation Administration-
approved aircraft maintenance and inspection
programs that consider, at a minimum,
requirements for compliance with engine
manufacturers' recommended maintenance
instructions, such as service bulletins and
service information letters for time between
overhauls and component life limits;
(ii) initial and annual recurrent pilot
proficiency checking programs for pilots
conducting parachute operations that address,
at a minimum, operation- and aircraft-specific
weight and balance calculations, preflight
inspections, emergency and recovery procedures,
and parachutist egress procedures for each type
of aircraft flown; and
(iii) initial and annual recurrent pilot
review programs for parachute operations pilots
that address, at a minimum, operation-specific
and aircraft-specific weight and balance
calculations, preflight inspections, emergency
and recovery procedures, and parachutist egress
procedures for each type of aircraft flown, as
well as competency flight checks to determine
pilot competence in practical skills and
techniques in each type of aircraft;
(B) the revision of guidance material contained in
Advisory Circular 105-2E (relating to sport parachute
jumping), to include guidance for parachute operations
in implementing the Federal Aviation Administration-
approved aircraft maintenance and inspection program
and the pilot training and pilot proficiency checking
programs required under any new or revised regulations
issued in accordance with paragraph (1); and
(C) the revision of guidance materials issued in
Order 8900.1 entitled ``Flight Standards Information
Management System'', to include guidance for Federal
Aviation Administration inspectors who oversee part 91
of title 14 Code of Federal Regulations, operations
conducted under any of the exceptions specified in
section 119.1(e) of title 14, Code of Federal
Regulations, which include parachute operations.
(2) Membership.--The aviation rulemaking committee under
paragraph (1) shall consist of members appointed by the
Administrator, including--
(A) representatives of industry, including
manufacturers of aircraft and aircraft technologies;
(B) representatives of parachute operator
organizations; and
(C) aviation safety experts with specific knowledge
of safety management systems and flight data monitoring
programs under part 135 and part 105 of title 14, Code
of Federal Regulations.
(3) Duties.--
(A) In general.--The Administrator shall direct the
aviation rulemaking committee to make findings and
submit recommendations regarding each of the matters
specified in subparagraphs (A) through (C) of paragraph
(1).
(B) Considerations.--In carrying out its duties
under subparagraph (A), the Administrator shall direct
the aviation rulemaking committee to consider--
(i) findings and recommendations of the
National Transportation Safety Board generally
as relevant and specifically those related to
parachute operations, including the June 21,
2019, incident in Mokuleia, Hawaii;
(ii) recommendations of previous aviation
rulemaking committees that considered similar
issues;
(iii) recommendations from industry safety
organizations, including, but not limited to,
the United States Parachute Association;
(iv) appropriate use of data for modifying
behavior to prevent accidents;
(v) data gathered from aviation safety
reporting programs;
(vi) the need to accommodate diversity of
operations and mission sets;
(vii) accommodations necessary for small
businesses; and
(viii) other issues as necessary.
(4) Reports and regulations.--The Administrator shall--
(A) not later than 20 months after the date of
enactment of this section, submit to the appropriate
committees of Congress a report based on the findings
of the aviation rulemaking committee;
(B) not later than 12 months after the date of
submission of the report under subparagraph (A), and
after consideration of the recommendations of the
aviation rulemaking committee, issue, as necessary, an
intent to proceed with proposed rulemakings regarding
each of the matters specified in subparagraphs (A)
through (C) of paragraph (1); and
(C) not later than 3 years after the date of
enactment of this section, issue, as necessary, a final
rule with respect to each of the matters specified in
such subparagraphs of paragraph (1).
(e) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Commercial air tour.--The term ``commercial air tour''
means a flight conducted for compensation or hire in an
airplane or helicopter where a purpose of the flight is
sightseeing.
(3) Commercial air tour operator.--The term ``commercial
air tour operator'' means any person who conducts a commercial
air tour.
(4) Parachute operation.--The term ``parachute operation''
has the meaning given that term in section 105.3 of title 14,
Code of Federal Regulations (or any successor regulation).
SEC. 316. INTERNATIONAL AVIATION SAFETY ASSESSMENT PROGRAM.
Section 44701 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Aviation Safety Oversight Measures Carried Out by Foreign
Countries.--
``(1) Assessment.--
``(A) In general.--At intervals the Administrator
considers necessary in the interests of safety, the
Administrator, in consultation with the Secretary of
Transportation and the Secretary of State, shall assess
the effectiveness of the aviation safety oversight
measures carried out by a foreign country--
``(i) from which a foreign air carrier
serves the United States;
``(ii) from which a foreign air carrier
seeks to serve the United States;
``(iii) whose air carriers code-share with
a United States air carrier; or
``(iv) as the Administrator considers
appropriate.
``(B) Requirements.--In conducting an assessment
under subparagraph (A), the Administrator shall--
``(i) consult with the appropriate
authorities of the government of the foreign
country concerned;
``(ii) determine the extent to which such
country effectively maintains and carries out
its aviation safety oversight measures pursuant
to the Convention on International Civil
Aviation (in this section referred to as the
`Chicago Convention'); and
``(iii) use a standard that will result in
an analysis of the aviation safety oversight
measures carried out by such country based on
the minimum standards contained in Annexes 1,
6, and 8 to the Chicago Convention in effect on
the date of the assessment.
``(C) Non-compliance findings.--
``(i) In general.--When the assessment
required by this subsection identifies areas of
non-compliance to the safety oversight measures
in the Chicago Convention, the Administrator
shall conduct final discussions with the
foreign country within 90 days of the
assessment to determine whether the non-
compliance findings have been corrected and the
foreign country is now in compliance with the
applicable international standards for
effective aviation safety oversight.
``(ii) Correction.--If the Administrator
determines that the foreign country has
corrected identified area of non-compliance by
the close of final discussions, the Federal
Aviation Administration will issue or continue
to issue operations specifications to the
foreign operator to enable the United States
air service or to the United States operator if
the foreign operator is to carry its airline
code.
``(iii) Non-correction.--If the
Administrator determines that the foreign
country has not has corrected identified area
of non-compliance by the close of final
discussions--
``(I) immediate notification will
be made to the Secretary of
Transportation and the Secretary of
State, that a condition exists that
threatens the safety of passengers,
aircraft, or crew traveling to or from
the foreign country; and
``(II) notwithstanding section
40105(b), the Administrator, after
consulting with the appropriate civil
aviation authority of the foreign
country concerned and notification to
the Secretary of Transportation and the
Secretary of State, may withhold,
revoke, or prescribe conditions on the
operating authority of a foreign air
carrier that provides foreign air
transportation.
``(D) Authority.--Notwithstanding subparagraphs (B)
and (C), the Administrator retains the ability to
initiate immediate safety oversight action when
justified based on available safety information.
``(2) Notification.--At the conclusion of the international
aviation safety assessment process, the Administrator, after
advising the Secretary of Transportation and the Secretary of
State, shall inform the foreign country of the determination
regarding its compliance to ICAO standards. The determination
shall--
``(A) for foreign countries determined to be
compliant in ICAO standards, state that no further
action is needed; and
``(B) for foreign countries determined to be non-
compliant in ICAO standards, recommend the actions
necessary to bring the aviation safety oversight
measures carried out by that country into compliance
with the international standards contained in the
Chicago Convention, as used by the Federal Aviation
Administration in making the assessment.
``(3) Failure to maintain and carry out standards.--
``(A) In general.--Subject to subparagraph (B), if
the Administrator determines that a foreign country
does not maintain and carry out effective aviation
safety oversight measures, the Administrator shall--
``(i) notify the appropriate authorities of
the government of the foreign country
consistent with paragraph (2);
``(ii) publish the identity of the foreign
country on the Federal Aviation Administration
website, in the Federal Register, and through
other mediums to provide notice to the public;
``(iii) transmit the identity of the
foreign country to the Secretary of State to
inform the relevant travel advisories; and
``(iv) provide the identity of the foreign
country and any critical safety information
resulting from the assessment to the Committee
on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
``(B) Immediate exercise of authority.--
``(i) In general .--The Administrator may
immediately exercise authority under
subparagraph (A) if the Administrator, in
consultation with the Secretary of
Transportation and the Secretary of State,
determines that a condition exists that
threatens the safety of passengers, aircraft,
or crew traveling to or from the foreign
country.
``(ii) Notification to the secretary of
state.--The Administrator shall immediately
notify the Secretary of State of a
determination under clause (i) so that the
Secretary of State may issue a travel advisory
with respect to the foreign country.
``(4) Accuracy of the iasa list.--To meet the need for the
public to have timely and accurate information about the
aviation safety oversight of foreign countries, the
Administrator shall regularly review the activity of foreign
air carriers serving the United States and carrying the code of
a United States air carrier. Countries with no such operations
for an extended period of time, as determined by the
Administrator, will be removed from the public listings for
inactivity, after advisement with the Secretary of
Transportation and the Secretary of State.
``(5) Training.--The Federal Aviation Administration shall
use data, tools, and methods in order to ensure transparency
and repeatable results of the assessments conducted under this
subsection. The Federal Aviation Administration shall ensure
that Federal Aviation Administration personnel are properly and
adequately trained to carry out the assessments set forth in
this subsection, including with respect to ICAO standards and
their implementation by foreign countries.
``(6) Report to congress.--Not later than 1 year after the
date of enactment of this subsection, and annually thereafter,
the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the assessments conducted under
this subsection, including the results of any corrective action
period.''.
SEC. 317. CHANGED PRODUCT RULE REFORM.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Administrator shall issue a notice of proposed
rulemaking to revise section 21.101 of title 14, Code of Federal
Regulations, to achieve the following objectives:
(1) For any significant design change, as determined by the
Administrator, to require that any exception from the
requirement to comply with the latest amendments of the
applicable airworthiness standards in effect on the date of
application for the change be approved only after providing
public notice and opportunity to comment on such exception.
(2) To ensure appropriate documentation of any exception or
exemption from airworthiness requirements codified in title 14,
Code of Federal Regulations, as in effect on the date of
application for the change.
(b) Congressional Briefing.--Not later than 1 year after the date
of enactment of this section, the Administrator shall provide to the
appropriate committees of Congress a briefing on the FAA's
implementation of the recommendations of the Changed Product Rule
International Authorities Working Group, established under Section 117
of the Aircraft Certification, Safety, and Accountability Act (49
U.S.C. 44704 note), including recommendations on harmonized changes and
reforms regarding the impractical exception.
SEC. 318. DEVELOPMENT OF LOW-COST VOLUNTARY ADS-B.
(a) In General.--Not later than 24 months after the date of
enactment of this section, the Administrator, working with
representatives from industry groups, including pilots, aircraft
owners, avionics manufacturers, and any others deemed necessary to
offer technical expertise, shall develop a report regarding the
development of a suitable position reporting system for voluntary use
in airspace not mandated for Automatic Dependent Surveillance-Broadcast
Out equipment and use (in this section referred to as ``ADS-B Out'') by
section 91.225 of title 14, Code of Federal Regulations, to facilitate
traffic awareness.
(b) Requirements.--The report developed under subsection (a)
shall--
(1) research and catalog equipment, standards, and systems
(including international) relating to ADS-B Out available as of
the date on which the report is submitted under subsection (c);
(2) address strengths and weaknesses of the such equipment,
standards and systems, including with respect to costs;
(3) outline potential regulatory and procedural changes
that may need to be undertaken by the FAA and other government
entities, as well as equipment, standards, and systems that may
need to be developed and required, to enable the development
and voluntary use of equipment (existing or new) that enables
the use of portable, and installed, low cost position reporting
in airspace not mandated for ADS-B Out;
(4) determine market size, development costs, and barriers
that may need to be overcome for the development of technology
that enables the use of portable, and installed, low cost
position reporting in airspace not mandated for ADS-B Out; and
(5) include a communication strategy that is targeted
towards potential users and promotes the benefits of the
position reporting solutions to enhance traffic awareness for
voluntary use in airspace not mandated for ADS-B Out, when such
technology is available for commercial use.
(c) Report to Congress.--Not later than 30 day after the date on
which the report developed under subsection (a) is finalized, the
Administrator shall submit the report to the appropriate committees of
Congress.
SEC. 319. PUBLIC AIRCRAFT FLIGHT TIME LOGGING ELIGIBILITY.
(a) Forestry and Fire Protection Flight Time Logging.--
(1) In general.--Notwithstanding any other provision of
law, aircraft under the direct operational control of forestry
and fire protection agencies are eligible to log pilot flight
times, if the flight time was acquired by the pilot while
engaged on an official forestry or fire protection flight, in
the same manner as aircraft under the direct operational
control of a Federal, State, county, or municipal law
enforcement agency.
(2) Retroactive application.--Paragraph (1) shall be
applied as if enacted on October 8, 2018.
(b) Regulations.--Not later than 180 days after the date of
enactment of this section, the Administrator shall make such regulatory
changes as are necessary as a result of the enactment of subsection
(a).
SEC. 320. SAFETY MANAGEMENT SYSTEMS.
(a) Finding.--Congress finds that on January 11, 2023, the FAA
released a notice of proposed rulemaking to update and expand the
requirements for safety management systems.
(b) As the FAA reviews comments to the notice of proposed
rulemaking described in subsection (a) and drafts the final rule, the
Administrator shall ensure that safety management systems program
requirements can be appropriately scaled to the size and complexity of
each operator.
SEC. 321. AVIATION SAFETY INFORMATION ANALYSIS AND SHARING PROGRAM.
Not later than 180 days after the date of enactment of this
section, the Administrator shall submit to the appropriate committees
of Congress, a report on the FAA's progress with respect to the
Aviation Safety Information Analysis and Sharing (ASIAS) program that--
(1) describes the phased approach the FAA is following to
construct the ASIAS system;
(2) describes the efforts of the FAA to secure increased
safety data from--
(A) commercial air carriers;
(B) general aviation operators;
(C) helicopter operators;
(D) unmanned aircraft system operators; and
(E) other aircraft operators; and
(3) provides a summary of the efforts of the FAA to address
gaps in safety data provided from any of the classes of
operators described in paragraph (2).
SEC. 322. CONSISTENT AND TIMELY PILOT CHECKS FOR AIR CARRIERS.
(a) Establishment of Working Group.--Not later than 180 days after
the date of enactment of this section, subject to subsection (b)(2),
the Administrator shall establish a working group for purposes of
reviewing, evaluating, and making recommendations on check pilot
functions for air carriers operating under part 135 of title 14, Code
of Federal Regulations.
(b) Membership.--
(1) In general.--The working group required by this section
shall include--
(A) employees of the FAA who serve as check pilots
(as described in section 91.1089 of title 14, Code of
Federal Regulations);
(B) representatives of air carriers operating under
such part 135; and
(C) industry associations representing such air
carriers.
(2) Existing working group.--The Administrator may assign
the duties of the working group described in subsection (c) to
an existing FAA working group if--
(A) the membership of the existing working group
includes the members required under paragraph (1); or
(B) the members required under paragraph (1) are
added to the membership of the existing working group.
(c) Duties.--The working group shall review, evaluate, and make
recommendations on the following:
(1) Methods for approving check pilots for air carriers
operating under such part 135.
(2) Actions required to ensure such air carriers are
authorized an adequate number of check pilots to enable timely
occurrence of pilot checks.
(3) Differences in qualification standards applied to--
(A) employees of the FAA who serve as check pilots;
and
(B) check pilots of an authorized air carrier.
(4) Methods to standardize the qualification standards for
check pilots, including check pilots who are employees of the
FAA and or of an authorized air carrier.
(5) Methods to improve the training and qualification of
check pilots.
(6) Prior recommendations made by FAA advisory committees
or working groups regarding check pilot functions.
(7) Petitions for rulemaking submitted to the FAA regarding
check pilot functions.
(d) Briefing to Congress.--Not later than 1 year after than the
date on which the Administrator establishes the working group under
subsection (a) (or tasks an existing FAA working group under subsection
(b)(2) with the duties described in subsection (c)), the Administrator
shall brief the appropriate committees of Congress on the progress and
recommendations of the working group, as well as the Administrator's
efforts to implement such recommendations.
SEC. 323. ENHANCING PROCESSES FOR AUTHORIZING AIRCRAFT FOR SERVICE IN
COMMUTER AND ON DEMAND OPERATIONS.
(a) Establishment of Working Group.--Not later than 180 days after
the date of enactment of this section, the Administrator shall
establish a Part 135 Aircraft Conformity Working Group (in this section
referred to as the ``Working Group''). The Working Group shall study
methods and make recommendations to clarify requirements and
standardize the process for conducting and completing aircraft
conformity processes for existing part 135 air carriers and operators
in a timely manner and entering those aircraft into service.
(b) Membership.--The Working Group shall be comprised of
representatives of the FAA, existing part 135 air carriers and
operators, and associations or trade groups representing such class of
air carriers or operators.
(c) Duties.--The Working Group shall consider all aspects of the
current FAA processes for ensuring aircraft conformity and make
recommendations to enhance those processes, including with respect to--
(1) methodologies for air carriers and operators to
document and attest to aircraft conformity in accordance with
the requirements of part 135;
(2) streamlined protocols for part 135 operators to add an
aircraft that was listed on another part 135 certificate
immediately prior to moving to the new air carrier; and
(3) changes to FAA policy and documentation necessary to
implement the recommendations of the Working Group.
(d) Congressional Briefing.--Not later than 1 year after the date
on which the Administrator establishes the Working Group, the
Administrator shall brief the appropriate committees of Congress on the
progress made by the Working Group in carrying out the duties specified
in subsection (c), recommendations of the Working Group, and the
Administrator's efforts to implement such recommendations.
(e) Definition of Part 135.--In this section the term ``part 135''
means part 135 of title 14, Code of Federal Regulations.
SEC. 324. TOWER MARKING COMPLIANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Administrator shall provide a briefing
to the appropriate committees of Congress on implementation of the
requirements of section 2110 of the FAA Extension, Safety, and Security
Act of 2016 (49 U.S.C. 44718 note) (as amended by section 576 of the
FAA Reauthorization Act of 2018 (Public Law 115-254, 132 Stat. 3391)).
(b) Requirements.--The briefing required by subsection (a) shall
include the following:
(1) A description of, and timeframe for, the
Administrator's development of requirements to file notice of
construction of meteorological evaluation towers and other
renewable energy projects under the notice of proposed
rulemaking RIN 2120-AK77.
(2) A description of the FAA's use of existing publicly
accessible databases to collect and make available information
about certain structures that are required to, or voluntarily,
file notice with the FAA.
(3) For the period beginning on July 15, 2016, and ending
on the date the briefing required by subsection (a) is
provided, a list of aircraft accidents during such period that
are associated with covered towers (as such term is defined in
section 2110(b)(1)(A) of the FAA Extension, Safety, and
Security Act of 2016 (49 U.S.C. 44718 note) that are not marked
in accordance with applicable guidance in the advisory circular
of the FAA issued December 4, 2015 (AC 70/7460-IL).
SEC. 325. ADMINISTRATIVE AUTHORITY FOR CIVIL PENALTIES.
Section 46301(d) of title 49, United States Code, is amended--
(1) in paragraph (4), by striking subparagraph (A) and
inserting the following:
``(A) the amount in controversy is more than--
``(i) $400,000 if the violation was
committed by any person other than an
individual or small business concern before the
date of enactment of the FAA Reauthorization
Act of 2023;
``(ii) $50,000 if the violation was
committed by an individual or small business
concern before the date of enactment of the FAA
Reauthorization Act of 2023;
``(iii) $10,000,000 if the violation was
committed by a person other than an individual
or small business concern on or after the date
of enactment of the FAA Reauthorization Act of
2023;
``(iv) $250,000 if the violation was
committed by an individual on or after the date
of enactment of the FAA Reauthorization Act of
2023; or
``(v) $2,500,000 if the violation was
committed by a small business concern on or
after the date of enactment of the FAA
Reauthorization Act of 2023;'';
(2) by striking paragraph (8) and inserting the following:
``(8) The maximum civil penalty the Administrator of the
Transportation Security Administration, Administrator of the
Federal Aviation Administration, or Board may impose under this
subsection is--
``(A) $400,000 if the violation was committed by a
person other than an individual or small business
concern before the date of enactment of the FAA
Reauthorization Act of 2023;
``(B) $50,000 if the violation was committed by an
individual or small business concern before the date of
enactment of the FAA Reauthorization Act of 2023;
``(C) $10,000,000 if the violation was committed by
a person other than an individual or small business
concern on or after the date of enactment of the FAA
Reauthorization Act of 2023;
``(D) $250,000 if the violation was committed by an
individual on or after the date of enactment of the FAA
Reauthorization Act of 2023; or
``(E) $2,500,000 if the violation was committed by
a small business concern on or after the date of
enactment of the FAA Reauthorization Act of 2023.'';
and
(3) by adding at the end the following:
``(10) The maximum amounts authorized in clauses (iii)
through (v) of paragraph (4)(A) and in subparagraphs (C)
through (E) of paragraph (8) of this subsection shall be
adjusted for inflation no less frequently than every 5
years.''.
SEC. 326. CIVIL PENALTIES FOR WHISTLEBLOWER PROTECTION PROGRAM
VIOLATIONS.
Section 46301(d)(2) of title 49, United States Code, is amended by
inserting ``subchapter III of chapter 421,'' before ``chapter 441''.
SEC. 327. FLIGHT SERVICE STATIONS.
(a) Repeal.--Section 44514 of title 49, United States Code, and the
item relating to that section in the analysis for chapter 445 of such
title 49 are repealed.
(b) Conforming Amendment.--Section 106(g)(1)(D) of title 49, United
States Code, is amended by striking ``44514,''.
SEC. 328. TECHNICAL ASSISTANCE AGREEMENTS.
Section 40104(b) of title 49, United States Code, is amended by
adding at the end the following new paragraphs:
``(3) State-to-state agreements.--The Administrator shall
promote efficient delivery of bilateral and multilateral
engagement and technical assistance by waiving the requirement
for State-to-State agreements for the provision of technical
assistance and training if the Administrator determines that--
``(A) a foreign government would benefit from
technical assistance pursuant to this subsection to
strengthen aviation safety, efficiency, and security;
and
``(B) the engagement is to provide inherently
governmental technical assistance and training.
``(4) Definition.--In this subsection, the term `inherently
governmental technical assistance and training' means technical
assistance and training that--
``(A) relies upon or incorporates Federal Aviation
Administration-specific program, system, policy, or
procedural matters;
``(B) must be accomplished using agency expertise
and authority; and
``(C) relates to--
``(i) international aviation safety
assessment technical reviews and technical
assistance;
``(ii) aerodrome safety and certification;
``(iii) aviation system certification
activities based on Federal Aviation
Administration regulations and requirements;
``(iv) cybersecurity efforts to protect
United States aviation ecosystem components and
facilities;
``(v) operation and maintenance of air
navigation system equipment, procedures, and
personnel; or
``(vi) related training and exercises in
support of aviation safety, efficiency, and
security.''.
SEC. 329. RESTORATION OF AUTHORITY.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by inserting after section 40118 the following:
``Sec. 40119. Security and research and development activities
``(a) General Requirements.--The Administrator of the Federal
Aviation Administration shall conduct research (including behavioral
research) and development activities appropriate to develop, modify,
test, and evaluate a system, procedure, facility, or device to protect
passengers and property against acts of criminal violence, aircraft
piracy, and terrorism and to ensure security.
``(b) Disclosure.--
``(1) Regulations prohibiting disclosure.--Notwithstanding
the establishment of a Department of Homeland Security, the
Secretary of Transportation, in accordance with section
552(b)(3)(B) of title 5, United States Code, shall prescribe
regulations prohibiting disclosure of information obtained or
developed in ensuring security under this title if the
Secretary of Transportation decides disclosing the information
would--
``(A) be an unwarranted invasion of personal
privacy;
``(B) reveal a trade secret or privileged or
confidential commercial or financial information; or
``(C) be detrimental to transportation safety.
``(2) Disclosure to congress.--Paragraph (1) of this
subsection does not authorize information to be withheld from a
committee of Congress authorized to have the information.
``(3) Sensitive security information.--Nothing in paragraph
(1) shall be construed to authorize the designation of
information as sensitive security information (as defined in
section 15.5 of title 49, Code of Federal Regulations)--
``(A) to conceal a violation of law, inefficiency,
or administrative error;
``(B) to prevent embarrassment to a person,
organization, or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of
information that does not require protection in the
interest of transportation security, including basic
scientific research information not clearly related to
transportation security.
``(4) Law enforcement disclosure.--Section 552a of title 5,
United States Code, shall not apply to disclosures that the
Administrator may make from the systems of records of the
Federal Aviation Administration to any Federal law enforcement,
intelligence, protective service, immigration, or national
security official in order to assist the official receiving the
information in the performance of official duties.
``(c) Transfers of Duties and Powers Prohibited.--Except as
otherwise provided by law, a duty or power under this section may not
be transferred to another department, agency, or instrumentality of the
United States Government.''.
(b) Effective Date.--The amendments made by this section shall be
effective as of October 5, 2018, and all authority restored to the
Secretary and the FAA under this section shall be treated as if it had
never been repealed by the FAA Reauthorization Act of 2018 (Public Law
115-254; 132 Stat. 3186).
(c) Conforming Amendments.--
(1) Chapter 401 analysis.--The analysis for chapter 401 of
title 49, United States Code, is amended by inserting after the
item relating to section 40118 the following:
``40119. Security and research and development activities.''.
(2) Other disclosure requirements.--Section 44912 of title
49, United States Code, is amended in subsection (d) by
striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
SEC. 330. TARMAC OPERATIONS MONITORING STUDY.
(a) In General.--The Director of the Bureau of Transportation
Statistics (referred to in this section as the ``Director''), in
consultation with other offices within the Office of the Secretary of
Transportation and the FAA, shall conduct a study to explore the
capture, storage, analysis, and feasibility of monitoring ground source
data at airports in the United States.
(b) Objectives.--The objectives of the study conducted under
subsection (a) shall include:
(1) Determining the current state of ground source data
coverage at airports in the United States.
(2) Understanding the technology requirements for
monitoring ground movements at airports through sensors,
receivers, or other technologies.
(3) Conducting data collection through a pilot program and
developing ground-based tarmac delay statistics.
(4) Performing an evaluation and feasibility analysis of
potential system-level tarmac operations monitoring solutions.
(c) Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Director shall establish a pilot
program for the purposes of collecting data and developing
ground-based tarmac delay statistics or other relevant
statistics with respect to airports in the United States.
(2) Requirements.--The pilot program established under
paragraph (1) shall--
(A) include up to 6 airports that the Director
determines reflect a diversity of factors including,
geography, size, and air traffic;
(B) terminate not more than 3 years after the date
of enactment of this section; and
(C) be subject to any guidelines issued by the
Director.
(d) Report.--Not later than 4 years after the date of enactment of
this section, the Director shall publish the results of the study
conducted under subsection (a) and the pilot program established under
subsection (c) on a publicly available website.
SEC. 331. GAO REPORT ON CYBERSECURITY OF COMMERCIAL AVIATION AVIONICS.
(a) In General.--The Comptroller General shall conduct a review on
the consideration, identification, and inclusion of aircraft
cybersecurity into the strategic framework for aviation security as
part of the FAA's cybersecurity strategy.
(b) Contents of the Review.--The review required by subsection (a)
shall assess--
(1) how onboard aircraft cybersecurity risks and
vulnerabilities are defined and accounted for in the strategy
aviation security framework, particularly in pillar 2 of that
framework to ``protect and defend FAA networks and systems to
mitigate risks to FAA missions and service delivery'';
(2) how onboard aircraft cybersecurity, particularly of the
aircraft avionics, is considered, incorporated, and prioritized
in the cybersecurity strategy pursuant to section 509 of the
FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note);
(3) how roles and responsibilities for aircraft and ground
systems cybersecurity are differentiated and enforced between
the Transportation Security Agency and the FAA;
(4) how aircraft and ground systems cybersecurity
vulnerabilities are being identified and prioritized for
mitigation, particularly considering the commercial technology
ecosystem; and
(5) the budgets of the parties responsible for implementing
the strategy framework for aviation security, as identified in
subsection (a), to satisfy those mitigation requirements
necessary to secure the aviation ecosystem from onboard
cybersecurity vulnerabilities.
(c) Report Required.--Not later than 1 year after the date of the
enactment of this section, the Comptroller General shall submit a
report containing the results of the review required by this section
to--
(1) the appropriate committees of Congress;
(2) the Committee on Homeland Security of the House of
Representatives; and
(3) the Committee on Homeland Security and Government
Affairs of the Senate.
SEC. 332. SECURING AIRCRAFT AVIONICS SYSTEMS.
Section 506(a) of the FAA Reauthorization Act of 2018 (42 U.S.C.
44704 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``consider, where appropriate, revising'' and inserting
``revise, where appropriate, existing'';
(2) in paragraph (1), by striking ``and'' after the
semicolon;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) to require that software-based systems and equipment,
including aircraft flight critical systems, be verified to
ensure the software-based systems and equipment have not been
compromised by unauthorized external and internal access.''.
SEC. 333. MAINTENANCE DATA AVAILABILITY.
(a) In General.--The Administrator shall assign to the Aviation
Rulemaking Advisory Committee the task of--
(1) performing a comprehensive review of previous and
current FAA regulations and related internal and external
guidance material related to instructions for continue
airworthiness (in this section referred to as ``ICA''); and
(2) developing and submitting to the Administrator
recommendations for guidance or regulatory changes to--
(A) clarify the obligations of design approval
holders to develop and make ICA available;
(B) create methods to identify and provide access
to ICA; and
(C) create mechanisms to accept complaints, resolve
disputes, and enforce obligations.
(b) Report to Congress.--Not later than 1 year after receiving the
recommendations under subsection (a), the Administrator shall submit to
the appropriate committees of Congress a report that describes such
recommendations and the Administrator's plan, if any, to implement such
recommendations.
SEC. 334. STUDY ON AIRWORTHINESS STANDARDS COMPLIANCE.
(a) Study.--The Administrator shall conduct a study on the safety
consequences of a transport airplane design approved by a domestic or
foreign aviation manufacturer failing to comply with the applicable
airworthiness standards. The study shall identify--
(1) each final airworthiness directive applicable to
transport airplanes that was issued by the FAA in the 2-year
period prior to the date of enactment of this section to
address unsafe conditions resulting from the approval of
designs that were non-compliant with an applicable
airworthiness standard; and
(2) for each such airworthiness directive--
(A) the airworthiness standard with which the
affected products failed to comply, as well as the
resulting unsafe condition and whether such condition
resulted in an accident;
(B) the methods by which the noncompliance was
discovered and brought to the attention of the FAA;
(C) an analysis of whether the method used by the
applicant to show compliance was acceptable and whether
other compliance methods would have identified the
noncompliance during the type certification process;
(D) the date of approval of the relevant type
design and the date of issuance of the airworthiness
directive;
(E) any corrective action mandated to address the
identified unsafe condition;
(F) the period of time specified for the
incorporation of the corrective action, during which
the affected products were allowed to operate before
the unsafe condition was corrected; and
(G) the total cost of compliance estimated in the
final rule adopting the airworthiness directive.
(b) Coordination.--In conducting the study under subsection (a),
the Administrator shall coordinate with, and solicit comments from,
union representatives of the aviation safety engineers involved in the
development of airworthiness directives.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Administrator shall submit to the
appropriate committees of Congress a report that includes--
(1) the results of the study conducted under subsection
(a);
(2) a description of any root cause of unsafe conditions
identified by such study, as well as an identification of any
action required to address any such root cause;
(3) the union representative comments solicited under
subsection (b); and
(4) any other recommendations for legislative or
administrative action determined appropriate by the
Administrator.
(d) Definition of Transport Airplane.--For purposes of this
section, the term ``transport airplane'' has the meaning given such
term in FAA Notice N 8900.649, titled ``Use of Air Carrier Pilots
During Flight Standardization Board Evaluations for Transport
Airplanes'' (issued December 23, 2022).
SEC. 335. FIRE PROTECTION STANDARDS.
(a) Internal Regulatory Review Team.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this section, the Administrator shall establish
an internal regulatory review team (in this section referred to
as the ``Team'').
(2) Review.--
(A) In general.--Not later than 180 days after the
date on which the Team is established, the Team shall
conduct a review of foreign airworthiness standards and
guidance for firewalls to determine best practices that
should be adopted by the FAA and submit to the
Administrator a report on the findings of such review.
(B) Requirements.--In conducting the review, the
team shall--
(i) identify any significant differences in
standards or guidance with respect to test
article selection, fire test boundaries, and
evaluation criteria for such tests, including
the use of certification by analysis where
substantially similar designs have passed burn
tests;
(ii) assess the safety implications for any
products imported into the United States that
do not comply with the FAA's firewall
requirements; and
(iii) consult with industry stakeholders to
the maximum extent practicable.
(b) Duties of the Administrator.--The Administrator shall--
(1) not later than 60 days after the date on which the Team
reports the findings of the review to the Administrator, update
the FAA's Significant Standards List based on such findings;
and
(2) not later than 90 days after such date, submit to the
appropriate committees of Congress a report on such findings,
together with recommendations for such legislative or
administrative action as the Administrator determines
appropriate.
SEC. 336. CABIN AIR SAFETY.
(a) Deadline for Submissions to Congress.--Not later than 60 days
after the date of enactment of this section, the Administrator shall
complete the requirements of section 326 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 40101 note) and submit to the appropriate
Congressional committees the following:
(1) The study by the Airliner Cabin Environmental Research
Center of Excellence on bleed air required by subsection (c) of
such section.
(2) The report on the feasibility, efficacy, and cost-
effectiveness of certification and installation of systems to
evaluate bleed air quality required by subsection (d) of such
section.
(b) Rulemaking.--Not later than 1 year after such date of
enactment, the Administrator may issue a notice of proposed rulemaking
to establish requirements for scheduled passenger air carrier
operations under part 121 of title 14, Code of Federal Regulations,
with respect to incidents onboard aircraft involving oil and hydraulic
fluid fume events. The rulemaking shall include, as necessary, the
study and report required under subsection (a) and may include the
following:
(1) Training for flight attendants, pilots, aircraft
maintenance technicians, airport first responders, and
emergency responders on how to respond to incidents on aircraft
involving smoke or fume events.
(2) A standardized FAA form and system for reporting
incidents involving smoke or fume events onboard aircraft.
(3) The development of investigative procedures for the FAA
to follow after receipt of a report of an incident involving an
oil and hydraulic fluid event onboard aircraft in which at
least 1 passenger or crew member required medical attention as
a result of the incident.
(4) Installation onboard aircraft of detectors and other
air quality monitoring equipment situated in the air supply
system to enable pilots and maintenance technicians to locate
the sources of air supply contamination, including carbon
monoxide.
SEC. 337. AIRPORT AIR SAFETY.
The Administrator shall evaluate whether there are impacts to
travelers due to poor air quality and bleed air inside Washington
Dulles International Airport.
SEC. 338. AIRCRAFT INTERCHANGE AGREEMENT LIMITATIONS.
(a) In General.--Not later than 6 months after the date of
enactment of this section, the Administrator shall revise section part
121.569 of title 14, Code of Federal Regulations, to include each of
the provisions described in subsection (b).
(b) Provisions Described.--The provisions described in this
subsection are the following:
(1) A 30-day limit on foreign aircraft interchange
agreements.
(2) A minimum break between foreign aircraft interchange
renewals of 90 days.
(3) A limit of no more than 1 foreign aircraft interchange
agreement between 2 airlines.
(4) A limit of no more than 2 foreign aircraft on the
interchange agreement.
SEC. 339. WILDFIRE SUPPRESSION.
(a) In General.--To ensure that sufficient firefighting resources
are available to suppress wildfires and protect public safety and
property, and notwithstanding any other provision of law or agency
regulation, not later than 18 months after the date of enactment of
this section, the Administrator shall promulgate an interim final rule
under which--
(1) an operation described in section 21.25(b)(7) of title
14, Code of Federal Regulations, shall allow for the transport
of firefighters to and from the site of a wildfire to perform
ground wildfire suppression and designate the firefighters
conducting such an operation as essential crewmembers on board
a covered aircraft operated on a mission to suppress wildfire;
(2) the aircraft maintenance, inspections, and pilot
training requirements under part 135 of such title 14 may apply
to such an operation, if determined by the Administrator to be
necessary to maintain the safety of firefighters carrying out
wildfire suppression missions; and
(3) the noise standards described in part 36 of such title
14 shall not apply to such an operation.
(b) Surplus Military Aircraft.--In promulgating any rule under
subsection (a), the Administrator shall not enable any aircraft of a
type that has been manufactured in accordance with the requirements of
and accepted for use by, any branch of the United States Military and
has been later modified to be used for wildfire suppression operations.
(c) Conforming Amendments to FAA Documents.--In promulgating an
interim final rule under subsection (a), the Administrator shall amend
FAA Order 8110.56, Restricted Category Type Certification (dated
February 27, 2006), as well as any corresponding policy or guidance
material, to reflect the requirements of subsection (a).
(d) Savings Provision.--Nothing in this section shall be construed
to limit the Administrator's authority to take action otherwise
authorized by law to protect aviation safety or passenger safety.
(e) Definitions.--For purposes of this section:
(1) Covered aircraft.--The term ``covered aircraft'' means
an aircraft type-certificated in the restricted category under
section 21.25 of title 14, Code of Federal Regulations, used
for transporting firefighters to and from the site of a
wildfire in order to perform ground wildfire suppression for
the purpose of extinguishing a wildfire on behalf of, or
pursuant to a contract with, a Federal, State, or local
government agency.
(2) Firefighters.--The term ``firefighters'' means a
trained fire suppression professional the transport of whom is
necessary to accomplish a wildfire suppression operation.
SEC. 340. STUDY ON IMPACTS OF TEMPERATURE IN AIRCRAFT CABINS.
(a) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this section, the Administrator shall enter into
appropriate arrangements with the National Academies of
Sciences, Engineering, and Medicine (in this subsection
referred to as the ``National Academies'') under which the
National Academies will conduct a 1-year study on the health
and safety impacts, with respect to passengers and crewmembers
during each season in which the study is conducted, of the
temperature of a covered aircraft cabin falling outside of a
temperature between 65 and 85 degrees Fahrenheit during all
phases of flight operation.
(2) Consultation.--In conducting the study required by
paragraph (1), the National Academies shall consult with the
FAA Civil Aerospace Medical Institute, air carriers operating
under part 121 of title 14, Code of Federal Regulations, and
applicable aviation labor organizations.
(3) Flight definition.--For purposes of paragraph (1), the
term ``flight operation'' means the period beginning on the
moment an individual boards the covered aircraft with the
intention of work and duty related to the flight until such
time as all such individuals have disembarked from the covered
aircraft.
(b) Reports.--
(1) To the administrator.--Not later than 180 days after
the date on which the study under subsection (a) is completed,
the National Academies shall submit to the Administrator a
report on the results of such study, together with
recommendations determined appropriate by the National
Academies.
(2) To congress.--Not later than 60 days after the date on
which the National Academies submits the report under paragraph
(1), the Administrator shall submit to the appropriate
committees of Congress a report describing the results of the
study required by subsection (a), together with recommendations
for further action deemed appropriate by the Administrator.
(c) Definition of Covered Aircraft.--For purposes of this section,
the term ``covered aircraft'' means an aircraft operated under part 121
of title 14, Code of Federal Regulations.
SEC. 341. PART 135 PILOT SUPPLEMENTAL OXYGEN REQUIREMENT.
Not later than 1 year after the date of enactment of this section,
the Administrator shall issue a notice of proposed rulemaking
concerning whether to revise the requirements under paragraphs (3) and
(4) of section 135.89(b) of title 14, Code of Federal Regulations, to
only apply to aircraft operating at altitudes above flight level 410.
In the notice of proposed rulemaking, the Administrator shall consider
applicable safety data and risks, including in relation to applicable
incidents and accidents, as well as the investigations and
recommendations of the National Transportation Safety Board.
SEC. 342. CREWMEMBER PUMPING GUIDANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Administrator shall issue guidance to
Part 121 air carriers relating to the expression of milk by crewmembers
on an aircraft during non-critical phases of flight, consistent with
the performance of the crewmember's duties aboard the aircraft. The
guidance shall be equally applicable to any lactating crewmember. In
developing the guidance, the Administrator shall--
(1) consider multiple methods of expressing breast milk
that could be used by crewmembers, including the use of
wearable lactation technology; and
(2) ensure that complying with the advisory circular will
not require an air carrier or foreign air carrier to incur
significant expense, such as through the addition of an extra
crewmember in response to providing a break, removal or
retrofitting of seats on the aircraft, or modification or
retrofitting of an aircraft.
(b) Definitions.--In this section:
(1) Crewmember.--The term ``crewmember'' has the meaning
given such term in section 1.1 of title 14, Code of Federal
Regulations.
(2) Critical phases of flight.--The term ``critical phases
of flight'' has the meaning given such term in section 121.542
of title 14, Code of Federal Regulations.
(3) Part 121.--The term ``Part 121'' means part 121 of
title 14, Code of Federal Regulations.
(c) Aviation Safety.--Nothing in this section shall limit the
Administrator's authority for aviation safety under subtitle VII of
title 49, United States Code.
SEC. 343. REAUTHORIZATION OF CERTAIN PROVISIONS OF THE AIRCRAFT
CERTIFICATION, SAFETY, AND ACCOUNTABILITY ACT.
(a) Oversight of Organization Designation Authorization Unit
Members.--Section 44741 of title 49, United States Code, is amended--
(1) in subsection (f)(2), in the matter preceding
subparagraph (A), by striking ``September 30, 2023'' and
inserting ``September 30, 2028''; and
(2) in subsection (j), by striking ``2023'' and inserting
``2028''.
(b) Integrated Project Teams.--Section 108(f) of division V of the
Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note) is amended
by striking ``fiscal year 2023'' and inserting ``fiscal year 2028''.
(c) Appeals of Certification Decisions.--Section 44704(g)(1)(C)(ii)
of title 49, United States Code, is amended by striking ``calendar year
2025'' and inserting ``calendar year 2028''.
(d) Professional Development, Skills Enhancement, Continuing
Education and Training.--Section 44519(c) of title 49, United States
Code, is amended by striking ``2023'' and inserting ``2028''.
(e) Voluntary Safety Reporting Program.--Section 113(f) of division
V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note)
is amended by striking ``fiscal year 2023'' and inserting ``fiscal year
2028''.
(f) Changed Product Rule.--Section 117(b)(1) of division V of the
Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note) is amended
by striking ``fiscal year 2023'' and inserting ``fiscal year 2028''.
(g) Domestic and International Pilot Training.--Section 119(f)(3)
of division V of the Consolidated Appropriations Act, 2021 is amended
by striking ``2023'' and inserting ``2028''.
(h) Oversight of FAA Compliance Program.--Section 122 of division V
of the Consolidated Appropriations Act, 2021 is amended--
(1) in subsection (c)(4), by striking ``October 1, 2023''
and inserting ``October 1, 2028''; and
(2) in subsection (d), by striking ``2023'' and inserting
``2028''.
(i) National Air Grant Fellowship Program.--Section 131(d) of
division V of the Consolidated Appropriations Act, 2021 (49 U.S.C.
40101 note) is amended by striking ``2025'' and inserting ``2028''.
TITLE IV--MODERNIZING THE NATIONAL AIRSPACE SYSTEM
SEC. 401. NEXTGEN ACCOUNTABILITY TASK FORCE.
(a) Establishment.--The Administrator shall establish a task force,
to be known as the ``NextGen Accountability Task Force'' (referred to
in this section as the ``Task Force'') to provide recommendations on
the most effective operational metrics that can be used to assess the
performance of the FAA in delivering and implementing quantifiable
operational benefits to the national airspace system within the Next
Generation Air Transportation System (NextGen) project.
(b) Membership.--
(1) In general.--The Task Force shall be composed of, at a
minimum, representatives from--
(A) the FAA;
(B) trade associations representing avionics
manufacturers;
(C) trade associations representing air carriers
(D) trade associations representing business or
general aviation operators;
(E) labor organizations representing air traffic
controllers; and
(F) any other interested parties that the
Administrator determines may provide expertise and
assist the Task Force to fulfill its obligations.
(2) Appointment.--The Administrator shall appoint each
member of the Task Force.
(3) Vacancies.--A vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(c) Duties.--The Task Force shall --
(1) leverage current metrics used by the FAA to quantify
the benefits of NextGen technology and investments;
(2) validate current and establish additional metrics for
the FAA to track national airspace system throughput and
savings due to NextGen investments by calculating a weighted
average by distance, on a per flight basis--
(A) reduction and cumulative savings of track miles
and time savings;
(B) reduction and cumulative savings of emissions
and fuel burn;
(C) reduction of aircraft operation time; and
(D) any other metrics that the Administrator
determines may provide quantifiable benefits for
operators in the national airspace system; and
(3) validate current and establish metrics for the FAA to
track and assess fleet equipage across operators in the
national airspace system including--
(A) percentage of aircraft equipped with NextGen
avionics equipment as recommended in the Minimum
Capabilities List (MCL) Ad Hoc Team, NextGen Advisory
Committee (NAC) Task 19-1 Report completed in November
2020;
(B) quantified costs and benefits for an operator
to properly equip with baseline NextGen avionics
equipment over the aircraft's lifecycle; and
(C) cumulative unrealized NextGen benefits
associated with rates of mixed equipage across
operators.
(d) Report.--Not later than 270 days after the date of enactment of
this section, the Task Force shall submit to the Administrator a report
with its findings and recommendations and metrics developed pursuant to
subsections (a) and (c).
(e) Public Display.--Not later than 180 days after receiving the
report required under subsection (d), the Administrator shall establish
a website of the FAA that can be used to present, track, and update
through 2030--
(1) the metrics recommended and established by the Task
Force on a quarterly and annual basis depending on the metric;
and
(2) the total amount invested in NextGen technologies and
resulting quantifiable benefits on a quarterly basis until the
Administrator declares the completion of NextGen
implementation.
(f) Federal Advisory Committee Act.--Chapter 10 of title 5, United
States Code (commonly known as the ``Federal Advisory Committee Act''),
shall not apply to the Task Force.
(g) Sunset.--The Task Force shall terminate on the date on which
the Administrator receives the report required under subsection (d).
SEC. 402. USE OF ADVANCED SURVEILLANCE IN OCEANIC AIRSPACE.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Administrator shall develop a plan to--
(1) coordinate with counterparts at air service navigation
providers in airspace that is adjacent to United States
airspace or international airspace delegated to the United
States to--
(A) adopt reduced separation standards in oceanic
airspace;
(B) implement procedures that will permit user
preferred routes to increase fuel efficiency and reduce
greenhouse gas emissions; and
(C) exercise leadership in setting global standards
by harmonizing the safety and efficiency of air traffic
operations in airspace neighboring any airspace
delegated to the United States; and
(2) utilize Automatic Dependent Surveillance-Broadcast
(ADS-B) relay service within United States airspace or
international airspace delegated to the United States for--
(A) positive air traffic control, including
separation of aircraft by implementing the ICAO
Advanced Surveillance-Enhanced Procedural Separation
standard;
(B) air traffic flow management;
(C) search and rescue;
(D) accident investigation; and
(E) data analytics.
(b) Report.--Not later than 120 days after the date on which the
Administrator completes development of the plan required by subsection
(a), the Administrator shall submit to the appropriate committees of
Congress a report that--
(1) details the actions the Administrator shall take to
implement the plan, including specifying the required technical
system upgrades, operational procedure modifications, new
training requirements, and a transition plan;
(2) details a schedule with milestones for implementation
of the use of advanced surveillance systems or services and
coordination of such use with international air service
navigation providers; and
(3) describes any anticipated safety enhancements, fuel and
operating cost savings, and reduction in carbon emissions of
aircraft operating through airspace in which such advanced
surveillance systems or services are used.
SEC. 403. GPS MONITORING PILOT PROGRAM.
(a) Establishment.--The Administrator shall conduct a pilot program
to evaluate technologies to detect, measure, and locate disrupting
sources of interference to the GPS Standard Positioning Service in
order to mitigate the impacts on air commerce and other related
government and civilian functions within the air traffic management
ecosystem.
(b) Evaluation of Technologies.--
(1) Types of technologies.--The pilot program shall
evaluate commercially available technologies, as well as
technologies under development by the FAA, the Department of
Transportation, the Department of Defense, the Department of
Homeland Security, and the National Aeronautics and Space
Administration.
(2) Scope.--The pilot program shall consider technologies
that have both physical electronics equipment and software
components, as well as technologies with only software
components.
(c) Number of Evaluation Sites.--The pilot program shall evaluate
technologies for the purposes described in subsection (a) at not less
than 5, and not more than 7, airports unless the Administrator
determines that additional evaluation sites are needed to carry out the
pilot program.
(d) Location of Evaluation Sites.--
(1) In general.--The pilot program shall be conducted at
each of the following types of airports:
(A) A primary airport in Class B airspace.
(B) A primary airport in Class C airspace.
(C) A primary airport in Class D airspace.
(D) An airport in Class E airspace.
(E) A Joint-Use Airport.
(2) Documented interference.--In determining whether an
airport should be an evaluation site for the pilot program, the
Administrator shall consider airports described in paragraph
(1) that have experienced documented instances of interference
to the GPS Standard Positioning Service during the 5-year
period ending with the date of enactment of this section.
(e) Private Sector Participation.--The Administrator shall
collaborate with the private sector, including providers of technology
that can cost-effectively implement a capability to potentially
mitigate the impacts of GPS Standard Positioning Service interference
on air commerce.
(f) Congressional Briefings.--Beginning 12 months after the date of
enactment of this section, and annually thereafter until the date on
which the report required by subsection (g) is submitted, the
Administrator shall provide the appropriate committees of Congress with
a briefing summarizing the status of, and findings from, the pilot
program.
(g) Report.--Not later than 180 days after date on which pilot
program is terminated, the Administrator shall provide a report to the
appropriate committees of Congress on the results of the pilot program.
(h) GPS Standard Positioning Service Defined.--In this section, the
term ``GPS Standard Positioning Service'' has the meaning given such
term in section 2281(d)(2) of title 10, United States Code.
SEC. 404. RUNWAY SAFETY TECHNOLOGIES.
(a) Study.--The Administrator shall conduct a study of runway
safety incidents and accidents at airports in the United States and
identify technologies that may prevent or reduce the risk of such
incidents and accidents.
(b) Report.--Not later than 9 months after the date of enactment of
this section, the Administrator shall submit to the appropriate
committees of Congress a report containing the results of the study
conducted under subsection (a) that includes the following:
(1) Recommendations for preventative measures, including
process changes and identification of available technologies,
to mitigate the risks of runway safety incidents and accidents
at or near airports in the United States.
(2) Recommendations for additional airports in the United
States, based on a risk-based analysis, that would be viable
candidates for installation of runway safety technologies.
(3) The FAA's timeline and action plan for replacing,
maintaining, or enhancing the operational capability provided
by the Airport Surface Detection System - Model X (ASDE-X) and
the Airport Surface Surveillance Capability (ASSC) legacy
surveillance systems, and implementing runway safety
technologies at airports currently without surface surveillance
systems, as needed to improve runway safety.
(4) An explanation of the decision-making process used by
the FAA to determine whether to introduce runway safety
technologies, like ASDE-X, ASSC, or other appropriate surface
surveillance systems, at additional airports.
(c) Briefings.--Following the submission of the report under
subsection (b) and annually thereafter, the Administrator shall brief
the appropriate committees of Congress on the progress of the action
plan under subsection (b)(3), including on the--
(1) status of implementing new surface surveillance systems
at additional airports; and
(2) justification for delaying or not implementing
additional surface surveillance systems at airports identified
by the Administrator under subsection (b)(2).
SEC. 405. FLIGHT PROFILE OPTIMIZATION.
(a) Pilot Program.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this section, the Administrator shall establish
a pilot program to award grants to air traffic flow management
technology providers to develop prototype capabilities to
incorporate flight profile optimization (in this section
referred to as ``FPO'') into the FAA's trajectory based-
operations air traffic flow management system.
(2) Considerations.--In establishing the pilot program
under paragraph (1), the Administrator shall consider the
following:
(A) The extent to which developed FPO capabilities
may reduce strain on the national airspace system
infrastructure while facilitating safe and efficient
flow of future air traffic volumes and diverse range of
aircraft and advanced aviation aircraft.
(B) The extent to which developed FPO capabilities
may achieve environmental benefits and time savings.
(C) The perspectives of FAA employees responsible
for air traffic flow management development projects,
bilateral civil aviation regulatory partners, and
industry applicants on the FAA's performance in
carrying out air traffic flow management system
development projects.
(D) Any other information the Administrator deems
appropriate.
(3) Application.--To be eligible to receive a grant under
the program, an air traffic flow management technology provider
shall submit an application to the Administrator at such time,
in such manner, and containing such information as the
Administrator may require.
(4) Maximum amount.--A grant awarded under the program
shall not exceed $2,000,000 to a single air traffic flow
management technology provider.
(b) Briefing to Congress.--Not later than 180 days after the
establishment of the pilot program under subsection (a), and annually
thereafter until the termination of the pilot program, the
Administrator shall brief the appropriate committees of Congress on the
progress of the pilot program under this section, including any
implementation challenges of the program, detailed metrics of the
program, and any suggested action to achieve the adoption of FPO.
(c) Definition of Trajectory-based Operations.--The term
``trajectory-based operations'' means an air traffic flow management
method for strategically planning, managing, and optimizing flights
that uses time-based management, performance-based navigation, and
other capabilities and processes to achieve air traffic flow management
operational objectives and improvements.
SEC. 406. STARS REMOTE SURVEILLANCE DISPLAYS.
(a) Certification.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall define
minimum performance and technical requirements in order to
provide a mechanism to certify a commercial radar display
capable of displaying primary and secondary radar targets for
use by controllers in FAA Contract Tower program towers.
(2) STARS.--With respect to a Standard Terminal Automation
Replacement System or any equivalent system procured directly
from an original equipment manufacturer (in this section
referred to as an ``OEM''), the Administrator shall move
expeditiously to certify such systems for Federal contract
towers and identify such systems by issuing an advisory
circular regarding the certification of such systems.
(3) Minimum equipment list.--The FAA may add Standard
Terminal Automation Replacement System equipment to the minimum
level of equipage necessary for Federal contract towers to
perform their function, as applicable.
(b) Installation and Maintenance.--Not later than December 31,
2025, the Administrator shall allow airports to--
(1) procure, install, and maintain a Standard Terminal
Automation Replacement System or any equivalent system through
the FAA; or
(2) purchase a Standard Terminal Automation Replacement
System or any equivalent system and installation and
maintenance services directly from an OEM.
SEC. 407. AUDIT OF LEGACY SYSTEMS.
(a) In General.--Not later than 120 days after the date of
enactment of this section, the Administrator shall initiate an audit of
all legacy systems to determine their level of operational risk,
functionality, security, and compatibility with current and future
technology.
(b) Scope of Audit.--The audit required by subsection (a)--
(1) shall be conducted by an independent third-party
contractor or a Federally funded research and development
center (FFRDC) selected by the Administrator;
(2) shall include an assessment of whether a legacy system
is outdated, insufficient, unsafe, or unstable, as defined in
subsection (f); and
(3) with respect to any legacy systems identified in the
audit as outdated, insufficient, unsafe, or unstable, shall
include--
(A) an analysis of the operational risks associated
with using such legacy systems;
(B) recommendations for replacement or enhancement
of such legacy systems; and
(C) an analysis of any potential impact on aviation
safety and efficiency.
(c) Deadline.--Not later than December 31, 2025, the audit required
by subsection (a) shall be completed.
(d) Report.--Not later than 180 days after the audit required by
subsection (a) is completed, the Administrator shall provide a report
to the appropriate committees of Congress on the audit's findings and
recommendations, including--
(1) an inventory of the legacy systems in use;
(2) an assessment of the operational condition of the
legacy systems in use; and
(3) the average age of in-service legacy systems and, for
each legacy system in use, the intended design life of the
system, by type.
(e) Collaboration With Industry on Plan to Accelerate Drawdown,
Replacement, or Enhancement of Legacy Systems.--
(1) In general.--Not later than 120 days after the date on
which the Administrator provides the report required by
subsection (d), the Administrator shall initiate a plan, in
coordination with industry, to accelerate drawdown,
replacement, or enhancement of any legacy systems that are
identified in the audit required by subsection (a) as outdated,
insufficient, unsafe, or unstable.
(2) Priorities.--The Administrator shall prioritize the
drawdown, replacement, or enhancement of such legacy systems
based on the operational risks such legacy systems pose to air
safety and the costs associated with the replacement or
enhancement of such legacy systems.
(3) Collaboration.--The Administrator shall work with
industry to develop a plan to replace or enhance the identified
legacy systems within a reasonable time frame.
(4) Progress updates.--The Administrator shall provide the
appropriate committees of Congress with semi-annual updates on
the progress made in replacing or enhancing the identified
legacy systems.
(f) Definitions.--In this section:
(1) Industry.--The term ``industry'' means the aviation
industry, limited to organizations with expertise in aviation-
dedicated network systems, systems engineering platforms,
aviation software services, air traffic management, flight
operations, and International Civil Aviation Organization
(ICAO) standards.
(2) Legacy systems.--The term ``legacy systems'' means any
communication, navigation, surveillance, or automation or
network applications or ground-based aviation infrastructure
owned by the FAA that were deployed prior to the year 2000,
including the Notice to Air Missions (NOTAM) system.
(3) Outdated, insufficient, unsafe, or unstable.--The term
``outdated, insufficient, unsafe, or unstable'' means a legacy
system for which the likelihood of failure creates a risk to
air safety or security due to the legacy system's age, ability
to be cost-effectively maintained, or any other factors that
may compromise the performance or security of the legacy
system. Such term includes a legacy system with a risk of a
single point of failure or that lacks of sufficient back-up
capability in the event of a failure.
SEC. 408. AERONAUTICAL MOBILE COMMUNICATIONS SERVICES.
(a) Satellite Voice Communications Services.--The Administrator
shall evaluate the addition of satellite voice communication services
(referred to in this section as ``SatVoice'') to the Aeronautical
Mobile Communications program (in this section referred to as the
``AMCS program'') that provides for the delivery of air traffic control
messages in oceanic and remote continental airspace.
(b) Analysis and Implementation Procedures.--Not later than 120
days after the date of enactment of this Act, the Administrator shall
begin to develop the safety case analysis and stated implementation
procedures for SatVoice instructions over the FAA's controlled oceanic
and remote continental airspace regions.
(c) Requirements.--The analysis and implementation procedures
required under subsection (b) shall include, at a minimum, the
following:
(1) Network and protocol testing and integration with
satellite service providers.
(2) Operational testing with aircraft to identify and
resolve performance issues.
(3) Collaboration with the International Civil Aviation
Organization in defining Satcom Standards and Recommended
Practices (SARPs), which shall include an RCP-130 performance
standard as well as SatVoice standards.
(4) Training of radio operators on new operation procedures
and protocols.
(5) A phased implementation plan for incorporating SatVoice
services into the AMCS program.
(6) The estimated cost of the implementation procedures for
relevant stakeholders.
(d) HF/VHF Minimum Equipage.--The addition of SatVoice capability
as an added means of communication in oceanic and remote continental
airspace shall in no way affect the current HF/VHF equipage requirement
for communications in such airspace. The Administrator shall maintain
existing HF/VHF services as minimum equipage under the AMCS program to
provide for auxiliary communication and maintain safety in the event of
a satellite outage.
SEC. 409. LOW ALTITUDE ROUTES FOR VERTICAL FLIGHT.
(a) Sense of Congress.--It is the sense of Congress that the
national airspace system requires additional rotorcraft, including
advanced air mobility aircraft, low-altitude instrument flight rules
routes leveraging advances in performance based navigation to operate
on direct, safe, and reliable routes that ensure sufficient separation
from higher altitude fixed wing aircraft traffic.
(b) Low-altitude Rotorcraft Instrument Flight Routes.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall initiate a
rulemaking process to--
(A) incorporate instrument flight rules rotorcraft
operations into the low-altitude performance based
navigation procedure infrastructure;
(B) prioritize the development of new helicopter
area navigation (RNAV) instrument flight rules routes,
acting through notice and comment rulemaking, as part
of the United States air traffic service route (ATS)
structure that utilize performance based navigation,
such as Global Positioning System (GPS) and Global
Navigation Satellite System (GNSS) equipment.
(2) Consultation.--In carrying out the rulemaking process
under paragraph (1), the Administrator shall consult with--
(A) stakeholders in the airport, heliport,
rotorcraft manufacturer, rotorcraft operator, general
aviation operator, commercial air carrier, and
performance based navigation technology manufacturer
sectors;
(B) the United States Helicopter Safety Team; and
(C) other stakeholders determined appropriate by
the Administrator.
SEC. 410. ADS-B OUT EQUIPAGE STUDY; VEHICLE-TO-VEHICLE LINK PROGRAM.
(a) Study and Briefing on ADS-B Out Equipage.--
(1) Study.--Not later than 90 days after the date of
enactment of this section, the Administrator shall initiate a
study to determine--
(A) the number of aircraft registered in the United
States and other devices operating in the airspace of
the United States that are not equipped with Automatic
Dependent Surveillance-Broadcast (ADS-B) out equipment;
(B) the requirements for and impact of expanding
the dual-link architecture that is used below an
altitude of FL180 to any altitude below the current
radar floor;
(C) the costs and benefits of equipage; and
(D) the cost and benefits of any accommodation made
for aircraft with inoperable ADS-B out equipment.
(2) Annual briefings.--Not later than 1 year after the date
of enactment of this section, and annually thereafter through
2025, the Administrator shall brief the appropriate committees
of Congress on the results of the study conducted under
paragraph (1), including any updates thereof.
(b) Vehicle-to-Vehicle Link Program.--Not later than 270 days after
the date of enactment of this section, the Administrator, in
coordination with the Administrator of the National Aeronautics and
Space Administration and the Chair of the Federal Communications
Commission, shall establish an interagency coordination program to
advance Vehicle-to-Vehicle link programs that--
(1) enable the real-time digital exchange of key
information between nearby aircraft; and
(2) are not reliant on ground infrastructure or air-to-
ground communication links.
SEC. 411. EXTENSION OF ENHANCED AIR TRAFFIC SERVICES PILOT PROGRAM.
Section 547 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40103
note) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Definitions.--
``(1) Certain nextgen avionics.--The term `certain NextGen
avionics' means those avionics and baseline capabilities as
recommended in the Minimum Capabilities List (MCL) Ad Hoc Team,
NextGen Advisory Committee (NAC) Task 19-1 Report completed in
November 2020.
``(2) Preferential basis.--The term `preferential basis'
means prioritizing aircraft equipped with certain NextGen
avionics by providing them more efficient service, shorter
queuing, or priority clearances to the maximum extent possible
without reducing overall capacity or safety of the national
airspace system.''; and
(2) in subsection (e), by striking ``September 30, 2023''
and inserting ``September 30, 2028''.
SEC. 412. NEXTGEN EQUIPAGE PLAN.
(a) Plan.--
(1) In general.--The Administrator shall develop a 2-year
implementation plan to further incentivize the acceleration of
the equipage rates of certain NextGen avionics in the active
commercial and regional fleet of the national airspace system.
(2) Contents.--The plan required under paragraph(1) shall,
at a minimum, evaluate and consider recommendations to--
(A) provide for further implementation and
deployment of NextGen operational improvements to
incentivize universal equipage across the active fleet
for commercial and regional aircraft;
(B) identify any remaining barriers for operators
to properly equip with certain NextGen avionics,
including any methods to address such barriers;
(C) provide for the use of the best methods to
highlight and enhance the benefits realizable by
operators equipping with certain NextGen avionics; and
(D) contain any equipage guidelines and regulations
the Administrator deems necessary and appropriate.
(3) Consultation.--In developing the plan under paragraph
(1), the Administrator shall consult with representatives
from--
(A) trade associations representing air carriers;
(B) trade associations representing avionics
manufacturers;
(C) labor organizations representing air traffic
controllers; and
(D) any other representatives the Administrator
determines appropriate.
(b) Submission of Plan.--Not later than 1 year after the date of
enactment of this section, the Administrator shall consider the
recommendations under subsection (a) and submit to the appropriate
committees of Congress the plan required under subsection (a).
(c) Rulemaking.--Not later than 180 days after the date on which
the plan required under subsection (a) is submitted to the appropriate
committees of Congress under subsection (b), the Administrator shall,
if Administrator determined appropriate, initiate a rulemaking
proceeding to address one or more of the recommendations contained in
the plan.
(d) Definition.--In this section the term ``certain NextGen
avionics'' means those avionics and baseline capabilities as
recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen
Advisory Committee (NAC) Task 19-1 Report completed in November 2020.
SEC. 413. PERFORMANCE BASED NAVIGATION REPORT AND UTILIZATION PLAN.
(a) Report on Performance Based Navigation.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall publish on
the website of the FAA a progress report on the utilization,
implementation, and operational benefits of performance based
navigation (in this section referred to as ``PBN'') procedures
of the FAA within the national airspace system.
(2) Contents.--The report shall include, at a minimum, a
detailed implementation plan with respect to the
recommendations made by--
(A) the PBN Clarification Ad Hoc Team, NextGen
Advisory Committee (in this section referred to as the
``NAC'') Task 19-4 Report completed in November 2020;
(B) the Final Report of the Major Air Carrier
Performance Based Navigation (PBN) Way Forward
Workgroup for the FAA's PBN Clarification Tasking to
the NAC dated June 2020;
(C) the NAC Subcommittee Update on Opportunities
dated June 2020;
(D) the Barriers to Established on Required
Navigation Performance Procedures dated November 2019;
and
(E) the FAA Reauthorization Act of 2018, Section
547 Enhanced Air Traffic Services, NAC Task 20-3 Report
dated March 2021.
(b) Utilization Action Plan.--180 days after the completion of the
report under subsection (a), the Administrator shall, in consultation
with representatives of air traffic controllers, develop an action plan
to utilize PBN as a primary means of navigation to further reduce the
dependency on legacy systems within the national airspace system.
(c) Briefing.--Not later than 1 year after the development of the
action plan under subsection (b), and annually thereafter, the
Administrator shall submit to appropriate committees of Congress a
report on the implementation of the action plan, including the
utilization rate of PBN as a primary means of navigation.
SEC. 414. AIR TRAFFIC CONTROL FACILITY REALIGNMENT STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Administrator shall partner with a third
party to conduct an Air Traffic Control Facility Realignment report to
examine consolidating or otherwise reorganizing air traffic control
work facilities and locations and airspace structure management.
(b) Contents.--The report required by subsection (a) shall do the
following:
(1) Evaluate the potential efficiencies that may result
from a reorganization.
(2) Identify whether certain areas prone to congestion or
staff shortages would benefit from enhanced flexibilities.
(3) Recommend opportunities for integration of separate
facilities to create a more collaborative and efficient traffic
control environment.
(c) Report and Briefing.--
(1) To the administrator.--Not later than September 30,
2025, the third party described in subsection (a) shall submit
to the Administrator a report on the recommendations described
in subsection (b)(3), and a copy of such report shall be
transmitted to the labor organization representing air traffic
controllers.
(2) To congress.--Not later than 60 days after receiving
the recommendations described in subsection (b)(3), the
Administrator shall brief the relevant Congressional committees
on such recommendations, as well as the Administrator's plan,
if any, to implement such recommendations.
TITLE V--AVIATION WORKFORCE
Subtitle A--Civil Aviation Workforce
SEC. 501. AVIATION WORKFORCE DEVELOPMENT GRANTS.
(a) In General.--Section 625 of the FAA Reauthorization Act of 2018
(49 U.S.C. 40101 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) a program to provide grants for eligible projects to
support the education and recruitment of aviation manufacturing
technical workers and the development of the aviation
manufacturing workforce.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``2023'' each
place it appears and inserting ``2028'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Additional funding.--In addition to amounts available
for grants pursuant to paragraph (1), there is authorized to be
appropriated--
``(A) $10,000,000 for each of fiscal years 2024
through 2028 to provide grants under the program
established under subsection (a)(1);
``(B) $10,000,000 for each of fiscal years 2024
through 2028 to provide grants under the program
established under subsection (a)(2); and
``(C) $10,000,000 for each of fiscal years 2024
through 2028 to provide grants under the program
established under subsection (a)(3).''; and
(D) in paragraph (3), as redesignated by
subparagraph (B), by inserting ``(or, in the case of
fiscal years 2024 through 2028, $1,000,000)'' after
``$500,000'';
(3) in subsection (c)--
(A) in paragraph (1)(B), by inserting ``, a
postsecondary vocational institution (as defined in
section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002),'' after ``(20 U.S.C. 1001))'';
(B) in paragraph (2)(B), by inserting ``, a
postsecondary vocational institution (as defined in
section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002),'' after ``(20 U.S.C. 1001))''; and
(C) by adding at the end the following new
paragraph:
``(3) An application for a grant under the program
established under subsection (a)(3) shall be submitted, in such
form as the Secretary may specify, by--
``(A) a holder of a type or production certificate
or similar authorization issued under section 44704 of
title 49, United States Code, or a credible applicant
for such a certificate as determined by the Secretary;
``(B) an accredited institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)), a postsecondary vocational
institution (as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002), or a high
school or secondary school (as defined in section 7801
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801); and
``(C) a State or local governmental entity.'';
(4) by striking subsection (d) and inserting the following:
``(d) Eligible Projects.--For purposes of a program established
under subsection (a), an eligible project is a project--
``(1) to create and deliver a program designed to provide
students with meaningful aviation education that is designed to
prepare the students to become aircraft pilots, aerospace
engineers, unmanned aircraft systems operators, aviation
maintenance technical workers, or aviation manufacturing
technical workers (as applicable to the relevant program
described in subsection (a));
``(2) to support the professional development of teachers
and other educators implementing a program described in
paragraph (1);
``(3) to establish new educational programs that teach
technical skills used by aircraft pilots, aerospace engineers,
unmanned aircraft systems operators, aviation maintenance
technical workers, or aviation manufacturing technical workers
(as applicable to the relevant program described in subsection
(a)), including purchasing equipment, or to improve existing
such programs;
``(4) to establish scholarships or registered
apprenticeships for individuals pursuing employment as aircraft
pilots, aerospace engineers, unmanned aircraft systems
operators, aviation maintenance technical workers, or aviation
manufacturing technical workers (as applicable to the relevant
program described in subsection (a));
``(5) to support outreach about careers as aircraft pilots,
aerospace engineers, unmanned aircraft systems operators,
aviation maintenance technical workers, or aviation
manufacturing technical workers (as applicable to the relevant
program described in subsection (a)) to--
``(A) primary, secondary, and post-secondary school
students; or
``(B) communities underrepresented in the
applicable industry;
``(6) to support educational opportunities in both urban
and rural areas;
``(7) to support transition to careers as aircraft pilots,
aerospace engineers, unmanned aircraft systems operators,
aviation maintenance technical workers, or aviation
manufacturing technical workers (as applicable to the relevant
program described in subsection (a)), including for veterans
and members of the Armed Forces; or
``(8) to otherwise enhance or expand the aircraft pilot,
aerospace engineer, unmanned aircraft system operator
workforces, aviation maintenance technical worker, or aviation
manufacturing technical worker workforces.'';
(5) in subsection (e)
(A) in paragraph (1)--
(i) by inserting ``aviation
manufacturers,'' after ``repair stations,'' and
(ii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) give priority to applicants who partner with, or
establish links between, secondary schools and post-secondary
schools and who work collaboratively or participate in industry
or sector partnerships.''; and
(6) by adding at the end the following new subsection:
``(f) Consultation With the Secretary of Education.--The Secretary
may consult with the Secretary of Education in--
``(1) developing the design of the grant application under
this section;
``(2) reviewing and selecting applications for grants for
eligible projects under this section; and
``(3) establishing considerations regarding program quality
and measurement of student outcomes.''.
(b) Conforming Amendment.--Paragraph (4) of section 48105 of title
49, United States Code, is amended by striking ``2023'' and inserting
``2028''.
(c) National Strategic Plan for Aviation Workforce Development.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall, to the
extent practicable and in consultation with other Federal
agencies and private individuals, establish a national
strategic plan for addressing projected shortages of aviation
workers in the aviation industry, including--
(A) any short-term, medium-term, and long-term
needs critical to the economy, national security,
workforce readiness, environmental concerns, and
priorities of the United States aviation sector, such
as emergency readiness and resilience; and
(B) any situation or condition that warrants
special attention by the Federal Government.
(2) Requirements.--The national strategic plan established
under paragraph (1) shall--
(A) take into account the activities and
accomplishments of all agencies in the executive branch
of the Federal Government that are related to carrying
out such national strategic plan; and
(B) include recommendations for legislation,
regulations, and budget proposals to carry out such
national strategic plan.
SEC. 502. WOMEN IN AVIATION ADVISORY COMMITTEE.
(a) Establishment.--There is established within the Department of
Transportation the Women in Aviation Advisory Committee (in this
section referred to as the ``Committee'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (C), the
Committee shall be composed of up to 16 members
appointed by the Secretary, including representatives
from the following:
(i) Passenger and cargo air carriers
operating under part 121 of title 14, Code of
Federal Regulations.
(ii) Aircraft manufacturers and aerospace
companies.
(iii) Nonprofit organizations within the
aviation industry, including at least 1 State
aviation agency.
(iv) Airport operators and employees.
(v) Aviation business associations.
(vi) Engineering business associations.
(vii) United States Air Force Auxiliary,
Civil Air Patrol.
(viii) Institutions of higher education and
aviation trade schools.
(ix) The Department of Labor.
(x) The Department of Education.
(xi) Nonprofit labor organizations
representing aviation workers, including
organizations representing aviation maintenance
workers and pilots for cargo and passenger air
carriers operating under part 121 of title 14,
Code of Federal Regulations.
(xii) The FAA.
(B) Date.--The appointments described in
subparagraph (A) shall be made not later than 9 months
after the date of enactment of this section.
(C) Ex officio members.--The Secretary shall
appoint 1 member from the Office of Civil Rights of the
FAA to serve in an ex officio capacity.
(2) Subcommittees.--The Committee may establish
subcommittees as the Committee determines appropriate.
(3) Chair; subcommittee chairs.--The Committee--
(A) shall select a Chair from among the members of
the Committee; and
(B) may select subcommittee chairs from among the
members of the Committee, as the Committee determines
appropriate.
(4) Term of service.--
(A) In general.--Each member of the Committee shall
serve until the termination date described in
subsection (e).
(B) Successors.--
(i) Death or resignation.--If a member of
the Committee dies or resigns during their term
of service, the Secretary shall designate a
successor for the unexpired term of such
member.
(ii) Expired term.--Any member of the
Committee whose term of office has expired
shall continue to serve as a member until their
successor is appointed by the Secretary.
(5) Administrative support.--The Secretary shall furnish
the Committee logistical and administrative support to enable
the Committee to perform its duties.
(6) Compensation.--Each member of the Committee shall serve
without compensation.
(c) Duties.--
(1) Advisory role.--The Committee--
(A) shall advise the Secretary and the
Administrator on matters related to promoting women in
the aviation industry, including education, training,
recruitment, retention, and career advancement;
(B) shall review and update the recommendations
directed to FAA and non-FAA entities produced by the
Advisory Board created under section 612 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) and
recommend how to engage with those entities to improve
the implementation of such recommendations;
(C) shall coordinate with the Department of
Transportation Office of Civil Rights and the FAA's
Federal Women's Program to not duplicate the objectives
of such program; and
(D) shall not duplicate the objectives of the Air
Carrier Training Aviation Rulemaking Committee.
(2) Reports.--
(A) Annual report.--Not later than October 31 of
the first calendar year beginning after the date on
which the Committee is established under subsection
(a), and annually thereafter, the Committee shall
submit to Congress, the Secretary, and the
Administrator a report that contains a detailed
statement of the Committee's recommendations under
subparagraphs (A) and (B) of paragraph (1), together
with the recommendations of the Committee for such
legislation and administrative actions as the Committee
considers appropriate.
(B) Additional reports.--The Committee may submit
to Congress, the Secretary, and the Administrator
additional reports and recommendations related to
education, training, recruiting, retaining, and
advancing women in the aviation industry as the
Committee determines appropriate.
(d) Review of Recommendations.--Not later than 60 days after the
date on which the Secretary receives a report from the Committee under
subsection (c)(2), the Secretary shall submit to Congress a report that
indicates--
(1) which recommendations of the Committee that the
Secretary has determined the Department of Transportation is
able to address and provide an update regarding the
implementation of such recommendations on an annual basis; and
(2) which such recommendations the Secretary is not able to
implement (including any recommendations for legislation) and a
rationale for that determination.
(e) Sunset.--The Committee shall terminate on September 30, 2028.
SEC. 503. STUDY OF HIGH SCHOOL AVIATION MAINTENANCE TRAINING PROGRAMS.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Comptroller General shall
initiate a study to assess the aviation maintenance technician
workforce pipeline in the United States, as well as any
barriers for students enrolled in high school aviation
maintenance programs with respect to--
(A) entering airframe and powerplant mechanic
programs; or
(B) accessing pathways to mechanic certification.
(2) Contents.--The study required under paragraph (1) shall
assess the following:
(A) The number of high school aviation maintenance
programs in the United States and the typical career
outcomes for graduates of such programs.
(B) The extent to which high school aviation
maintenance programs offer curricula that align with
FAA mechanic airman certification standards.
(C) The opportunities afforded to students enrolled
in alternative or high school maintenance programs
partnered with aviation maintenance technician schools
(as described in section 147.15 of title 14, Code of
Federal Regulations).
(D) Alternate paths to a certificated aviation
maintenance technician school for the fulfillment of
the experience requirements described in section
65.75(c) of such title 14.
(E) Any barriers to entry associated with--
(i) developing and attaining the knowledge
and experience requirements described in
section 65.75 and section 147.31 of such title
14; or
(ii) access to the mechanic certification
process.
(F) The level of engagement between the FAA and
high school aviation maintenance programs with respect
to developing curricula that assist with building
foundational knowledge and skills necessary to attain
FAA mechanic certifications and associated ratings.
(G) Any barriers to accessing the general knowledge
test described in section 65.71(a)(3) of such title 14.
(H) Whether allowing mechanic certificate
applicants to take the general knowledge test prior to
such applicants meeting the relevant experience
requirements would present a safety risk.
(I) Whether regulatory changes could reduce any
barriers described in this paragraph.
(b) Report.--Not later than 2 years after the date of enactment of
this section, the Comptroller General shall provide to the
Administrator and the appropriate committees of Congress a report and
briefing on the findings of the study conducted under subsection (a),
together with recommendations for such legislative and administrative
action as the Comptroller General deems appropriate.
SEC. 504. MILITARY AVIATION MAINTENANCE TECHNICIANS RULE.
(a) Streamlined Certification for Eligible Military Maintenance
Technicians.--Not later than 2 years after the date of enactment of
this section, the Administrator shall issue a final rule that revises
part 65 of title 14, Code of Federal Regulations, to--
(1) create a military mechanic written competency test; and
(2) develop, as necessary, a relevant Airman Certification
Standard to qualify eligible military maintenance technicians
for a mechanic certificate with airframe or powerplant ratings;
and
(3) allow a certificate of eligibility from the Joint
Services Aviation Maintenance Technician Certification Council
(in this section referred to as the ``JSAMTCC'') evidencing
completion of a training curriculum for any rating sought to
serve as a substitute to fulfill the requirement under such
part 65 for oral and practical tests administered by a
Designated Mechanic Examiner (in this section referred to as a
``DME'') for eligible military maintenance technicians.
(b) Aeronautical Knowledge Subject Areas.--
(1) In general.--The military mechanic written competency
test and Airman Certification Standard described in subsection
(a) shall focus on the aeronautical knowledge subject areas
contained in the Aviation Mechanic General, Airframe, and
Powerplant Airman Certification Standards, as appropriate to
the rating sought.
(2) Identification of subject areas.--The aeronautical
knowledge subject areas shall be identified and recommended to
the Administrator, in consultation with industry stakeholders,
through the FAA Aviation Rulemaking Advisory Committee Airman
Certification System Working Group.
(c) Expansion of Testing Locations.--Not later than 1 year after
the date of enactment of this section, the Administrator, in
consultation with the Secretary of Defense and the Secretary of
Homeland Security, shall determine whether an expansion of the number
of active testing locations operated within military installation
testing centers would increase access to testing, as well as how to
implement such expansion.
(d) Outreach and Awareness.--Not later than 1 year after the date
of enactment of this section, the Administrator, in coordination with
the Secretary of Defense, the Secretary of Veterans Affairs, and the
Secretary of Homeland Security, shall develop a plan to increase
outreach and awareness regarding--
(1) the services made available by the JSAMTCC; and
(2) the military mechanic written competency test
established under subsection (a).
(e) Report.--Not later than 180 days after the date on which the
Administrator issues the final rule under subsection (a), the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Veterans' Affairs of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Veterans' Affairs of the House of Representatives a report on the
activities carried out under this section, together with
recommendations for such legislative or administrative action as the
Administrator determines appropriate.
(f) Eligible Military Maintenance Technician Defined.--For purposes
of this section, the term ``eligible military maintenance technician''
means an individual who is a current or former maintenance technician
who was honorably discharged or has retired from the United States
Armed Forces (as defined in section 101 of title 10, United States
Code) and meets the following requirements:
(1) The individual presents an official United States Armed
Forces record confirming that the individual is or was a
military aviation maintenance technician, holding an
appropriate Military Occupational Specialty (MOS) Code, as
determined by the Administrator, in coordination with the
Secretary of Defense.
(2) The individual presents documentary evidence of
experience in accordance with the requirements under section
65.77 of title 14, Code of Federal Regulations.
SEC. 505. PROHIBITION OF REMOTE DISPATCHING.
(a) Amendments to Prohibition.--
(1) In general.--Section 44711(a) of title 49, United
States Code, is amended--
(A) in paragraph (9), by striking ``or'' after the
semicolon;
(B) by redesignating paragraph (10) as paragraph
(11); and
(C) by inserting after paragraph (9) the following
new paragraph:
``(10) work as an aircraft dispatcher outside of a physical
location designated as a dispatching center or flight following
center of an air carrier; or''.
(2) Regulations.--Not later than 1 year after the date of
enactment of this section, the Administrator shall promulgate
regulations requiring persons and air carriers to comply with
paragraph (10) of section 44711(a) of title 49, United States
Code (as added by paragraph (1)).
(3) Effective date.--The amendments made by subsection (a)
shall take effect on the date that is 1 year after the date of
enactment of this section, without regard to whether the
regulations required by paragraph (2) have been promulgated as
of that date.
(b) Aircraft Dispatching.--
(1) In general.--Chapter 447 of title 49, United States
Code, as amended by section 304(a), is amended by adding at the
end the following new section:
``Sec. 44746. Aircraft dispatching
``(a) In General.--Each air carrier shall establish and maintain
sufficient dispatch centers and flight following centers to maintain
operational control of each flight of the air carrier at all times.
``(b) Requirements.--An air carrier shall ensure that each dispatch
center and flight following center of the air carrier--
``(1) has a sufficient number of aircraft dispatchers on
duty at the dispatch center or flight following center to
ensure proper operational control of each flight of the air
carrier at all times;
``(2) has the necessary equipment, in good repair, to
maintain proper operational control of each flight of the air
carrier at all times; and
``(3) includes the presence of physical security and
cybersecurity protections to prevent unauthorized access to the
dispatch center or flight following center or to the operations
of either such center.
``(c) Prohibition.--
``(1) In general.--Subject to paragraph (2), an air carrier
may not dispatch aircraft from any location other than the
dispatch center or flight following center of the air carrier.
``(2) Emergency authority.--In the event of an emergency,
an air carrier may dispatch aircraft from a location other than
the dispatch center or flight following center of the air
carrier for a brief period of time, but not to exceed a period
of 24 consecutive hours per location.''.
(2) Clerical amendment.--The analysis for chapter 447 of
such title, as amended by section 304(b), is amended by
inserting after the item relating to section 44744 the
following:
``44746. Aircraft dispatching.''.
SEC. 506. EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLAN STANDARDS AND
BEST PRACTICES.
(a) Sense of Congress.--It is the sense of Congress that:
(1) Each air carrier operating under part 121 of title 14,
Code of Federal Regulations, shall submit to the Administrator
an Employee Assault Prevention and Response Plan pursuant to
section 551 of the FAA Reauthorization Act of 2018 (49 U.S.C.
44903 note).
(2) Each such air carrier should have in place and deploy
an Employee Assault Prevention and Response Plan to facilitate
appropriate protocols, standards, and training to equip
employees with best practices and the experience necessary to
respond effectively to hostile situations and disruptive
behavior and maintain a safe traveling experience.
(b) Required Briefing.--Section 551 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 44903 note) is amended by adding at the end the
following new subsection:
``(f) Briefing to Congress.--Not later than 90 days after the date
of enactment of this subsection, the Administrator of the Federal
Aviation Administration shall provide to the appropriate committees of
Congress a briefing on the Employee Assault Prevention and Response
Plan submitted by each air carrier pursuant to this section.''.
SEC. 507. CREWMEMBER SELF-DEFENSE TRAINING.
Section 44918(a) of title 49, United States Code, is amended--
(1) in paragraph (1), by inserting ``and unruly passenger
behavior'' before the period at the end;
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Recognize suspicious behavior and activities
and determine the seriousness of any occurrence.'';
(B) in subparagraph (D), by inserting ``, including
training to defend against the use of edged or contact
weapons'' before the period at the end;
(C) by striking subparagraph (H) and inserting the
following:
``(H) De-escalation training based on
recommendations issued by the Air Carrier Training
Aviation Rulemaking Committee.'';
(D) by redesignating subparagraphs (I) and (J) as
subparagraphs (J) and (K), respectively; and
(E) by inserting after subparagraph (H) the
following:
``(I) Methods to subdue and restrain an active
attacker.'';
(3) by striking paragraph (4) and inserting the following:
``(4) Minimum standards.--Not later than 180 days after the
date of enactment of the FAA Reauthorization Act of 2023, the
Administrator of the Transportation Security Administration, in
consultation with the Federal Air Marshal Service and the
Aviation Security Advisory Committee, shall establish minimum
standards for--
``(A) the training provided under this subsection
and for recurrent training; and
``(B) the individuals or entities providing such
training.'';
(4) in paragraph (6)--
(A) in the first sentence--
(i) by inserting ``and the Federal Air
Marshal Service'' after ``consultation with the
Administrator'';
(ii) by striking ``and periodically shall''
and inserting ``and shall periodically''; and
(iii) by inserting ``based on changes in
the potential or actual threat conditions''
before the period at the end; and
(B) in the second sentence, by inserting ``,
including self-defense training expertise and
experience'' before the period at the end; and
(5) by adding at the end the following:
``(8) Air carrier accommodation.--An air carrier with a
crew member participating in the training program under this
subsection shall provide a process through which each such crew
member may obtain reasonable accommodations.''.
SEC. 508. IMPROVING APRON SAFETY.
(a) Study and Report on Engine Ingestion Zone and Jet Blast Zone
Accidents.--
(1) Study.--The Administrator shall conduct a study on ways
to minimize or eliminate engine ingestion zone and jet blast
zone accidents, including through--
(A) improving markings on the apron to clearly
define and graphically indicate the engine ingestion
zones and envelope of safety for the variety of
aircraft that may park at the same gate of the airport;
(B) incorporating markings on aircraft to indicate
the engine inlet danger zone, using hazard warning
stripes, decals, or other measures;
(C) limiting ground service personnel access to an
aircraft until the engines of the aircraft are no
longer running, the beacon on top of the aircraft has
been turned off, the individual blades of the engine
fan can be observed, and there is a notification from
the flight deck crew confirming the engines are off
(including the time for cool down, particularly for
engines with low ground clearance);
(D) improving aircraft engine design to prevent or
minimize engine ingestion, such as the use of
stationary inlet guide vanes or engine guarding;
(E) improving the use of or requirements for
Auxiliary Power Units (APUs) or electrical systems
maintenance or incorporating changes to other systems
or apron operation procedures to eliminate or minimize
the length of time an aircraft engine runs (or be
permitted to run) while the aircraft is at the gate or
stopped on the ground; and
(F) improving communication devices and
requirements for operable radios and headsets.
(2) Report.--Not later than 1 year after the date of
enactment of this section, the Administrator shall submit to
the appropriate committees of Congress a report on the study
conducted under subsection (a), together with recommendations
for such legislative or administrative action as determined
appropriate by the Administrator.
(b) Improved Training.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator may, as
appropriate, develop and publish training and related
educational materials about aircraft engine ingestion and jet
blast hazards for ground crews (including supervisory
employees) that includes information on--
(A) the specific dangers and consequences of
entering engine ingestion or jet blast zones;
(B) proper protocols to avoid entering an engine
ingestion or jet blast zone; and
(C) on-the-job, instructor-led training to
physically demonstrate the engine ingestion zone
boundaries and jet blast zones for each kind of
aircraft the ground crew may encounter.
(2) Training regulations.--Not later than 180 days after
the publication of the training and related educational
materials described in paragraph (1), the Administrator may
promulgate regulations to require any new, transferred, or
current (as of the date of enactment of this section) employee
of the FAA to receive the relevant engine ingestion and jet
blast zone hazard training before such employee may perform
work on the apron.
SEC. 509. AVIATION MEDICAL INNOVATION AND MODERNIZATION WORKING GROUP.
(a) In General.--Not later than 120 days after the date of
enactment of this section, the Administrator shall establish the
Aviation Medical Innovation and Modernization Working Group (in this
section referred to as the ``Working Group'') and appoint members of
the Working Group in accordance with subsection (b).
(b) Membership.--
(1) Number.--The members of the Working Group shall not
exceed 20 individuals.
(2) Composition.--
(A) Federal air surgeon.--The Federal Air Surgeon
shall be a member of the Working Group and shall be the
Chair of the Working Group.
(B) Senior aviation medical examiners.--In addition
to the Federal Air Surgeon, at least 8 members of the
Working Group shall be individuals who are Senior
Aviation Medical Examiners.
(C) Other members.--In addition to the Federal Air
Surgeon and the members appointed under subparagraph
(B), the remaining members shall be licensed medical
physicians with substantial expertise in--
(i) aerospace medicine;
(ii) psychological medicine;
(iii) neurological medicine;
(iv) cardiovascular medicine; or
(v) internal medicine.
(D) Preference in appointments.--The Administrator
shall give preference to appointing members of the
Working Group who are Aviation Medical Examiners or
licensed medical physicians who have demonstrated
research and expertise in aviation medical issues.
(E) Use of subgroups.--The Working Group
Administrator may use subgroups to develop the
recommendations under subsection (c).
(c) Recommendations.--The Working Group shall develop a report that
includes recommendations with respect to the following areas:
(1) Evaluation of the conditions an Aviation Medical
Examiner can issue (CACI).
(2) Improvements and reforms to the Special Issuance
process, including whether, after initial medical certification
by the FAA, renewals can be based on a medical evaluation and
treatment plan by a pilot's treating medical specialist with
concurrence from the pilot's Aviation Medical Examiner.
(3) Development of an online medical portal administered by
the FAA that--
(A) adheres to cybersecurity protections and
protocols;
(B) authorizes Aviation Medical Examiners, pilots,
or their designee, to securely share medical records;
(C) provides timely updates for a pilot's medical
application and improves return to flying timelines;
(D) provides pilots with the ability to submit
additional information requested from the FAA;
(E) includes the method to contact the reviewing
office; and
(F) such other requirements as the Working Group
may recommend.
(4) The use of technologies to address forms of red-green
color blindness for pilots.
(5) Improvements to Attention-Deficit Hyperactivity
Disorder and Attention Deficit Disorder protocols.
(6) Improvements to neurology protocols, specifically,
stroke, head injury, and known loss of consciousness.
(7) Improvements to FAA mental health protocols, including,
but not limited to, mental health conditions such as depression
and anxiety, the use of medications for treating mental health
conditions, and neurocognitive testing rules and applicability.
(d) Report.--Not later than 1 year after the date on which the
Working Group is established--
(1) the Working Group shall submit the report developed in
accordance with subsection (c) to the Administrator, along with
recommendations for such legislation and administrative action
as the Working Group determines appropriate; and
(2) the Administrator shall submit such report and
recommendations to the appropriate committees of Congress.
(e) Actions by the Administrator.--The Administrator may take such
action as the Administrator determines appropriate to implement the
recommendations in the report under submitted under subsection (d).
(f) Exemption From the Federal Advisory Committee Act.--Chapter 10
of title 5, United States Code, shall not apply to the Working Group.
(g) Sunset.--The Working Group shall terminate on the date on which
the Working Group submits the report required by subsection (d).
SEC. 510. AIRMAN CERTIFICATION STANDARDS.
(a) In General.--The Administrator shall use the Aviation
Rulemaking Advisory Committee Airman Certification System Working Group
(in this section referred to as the ``Working Group'') to obtain
industry recommendations on maintaining and updating Airman
Certification Standards.
(b) Duties.--In carrying out its activities, the Working Group
shall--
(1) ensure that testing remains correlated and corresponds
to current regulations, procedures, equipment, aviation
infrastructure, and safety trends;
(2) work with industry to solicit recommendations on airman
certification and testing, including new, and revisions to
existing, Airman Certification Standards guidance documents and
airman tests; and
(3) ensure other tasks carried out by the Working Group are
addressed and completed in a timely and efficient manner.
Subtitle B--FAA Workforce
SEC. 521. AIR TRAFFIC CONTROL STAFFING STANDARDS.
(a) FAA Air Traffic Control Staffing Standards.--The Administrator
shall complete the requirements of subsection (b) and implement
revisions to the FAA Certified Professional Controller (in this section
referred to as ``CPC'') operational staffing targets, in consultation
with appropriate stakeholders including the exclusive bargaining
representative of air traffic control specialists of the FAA certified
under section 7111 of title 5, United States Code, by September 30,
2024.
(b) National Academy of Sciences Study.--
(1) Study.--Not later than 30 days after the date of
enactment of this section, the Administrator shall enter into
appropriate arrangements with the National Academies of
Sciences, Engineering, and Medicine (in this subsection
referred to as the ``National Academies'') under which the
National Academies will conduct a study of the methodology used
by the Collaborative Resource Workgroup (in this subsection
referred to as ``CRWG'') to determine CPC operational staffing
targets needed to meet facility operational, statutory, and
contractual requirements, including resources to develop,
evaluate, and implement processes and initiatives affecting the
national airspace system.
(2) Contents.--The study required by paragraph (1) shall
include the following elements:
(A) A review of similarities and discrepancies
between methodologies used to develop the CRWG CPC
operational staffing targets and the staffing targets
developed by the FAA as reflected by the staffing
standards used in the 2023 Controller Workforce Plan.
(B) An examination of the discrepancies between the
CRWG CPC staffing targets and the FAA-developed CPC
staffing standards used in the 2023 Controller
Workforce Plan that contribute to a significant
divergence in operational staffing headcounts
(including with respect to CPCs, CPCs-in-training at
new facilities, and trainees), CPC staffing targets,
and staffing needs for air traffic controllers between
fiscal year 2027 and fiscal year 2032 to ensure the
safe and efficient operation of the national airspace
system.
(C) An evaluation of--
(i) air traffic in the airspace of each air
traffic control facility operated by the FAA;
(ii) air traffic controller position
utilization;
(iii) attrition rates at each air traffic
control facility operated by the FAA; and
(iv) the time needed to meet facility
operational, statutory, and contractual
requirements, including resources to develop,
evaluate, and implement processes and
initiatives affecting the national airspace
system.
(D) For each air traffic control facility operated
by the FAA, a description of--
(i) the current CPC staffing levels;
(ii) the operational staffing targets for
CPCs;
(iii) the anticipated CPC attrition for
each of the next 3 years; and
(iv) the number of CPC trainees.
(E) An examination of the FAA's current and
estimated budgets and funding needed to implement the
CRWG CPC operational staffing targets and needs in
comparison to such funding needed to implement the
staffing standards developed by the FAA as reflected in
the 2023 Controller Workforce Plan.
(F) An analysis of the recommendations included in
Transportation Research Board Special Report 314,
titled ``The Federal Aviation Administration's Approach
for Determining Future Air Traffic Controller Staffing
Needs'' that have not yet been addressed or implemented
by the Administrator.
(G) Recommendations for further action by the
Administrator, as appropriate, to--
(i) address operational staffing
requirements to meet facility operational,
statutory, and contractual requirements; and
(ii) provide fulsome air traffic controller
staffing to ensure the safe and efficient
operation of the national airspace system,
including the integration of new users,
technologies, and procedures.
(3) Consultation.--In conducting the study required by
paragraph (1), the National Academies shall consult with--
(A) Federal Government and industry
representatives;
(B) the exclusive bargaining representative of air
traffic control specialists of the FAA certified under
section 7111 of title 5, United States Code; and
(C) other parties determined appropriate by the
National Academies.
(4) Reports.--
(A) To the administrator.--Not later than 180 days
after the date of enactment of this section, the
National Academies shall submit to the Administrator a
report on the results of the study required by
paragraph (1), together with recommendations determined
appropriate by the National Academies.
(B) To congress.--Not later than 180 days after the
date on which the National Academies submits the report
under subparagraph (A), the Administrator shall submit
to the appropriate committees of Congress a report
describing--
(i) the results of the study required by
paragraph (1);
(ii) the report submitted by the National
Academies, including the recommendations of the
National Academies; and
(iii) the Administrator's implementation
action required by subsection (a).
(c) Revisions to the Controller Workforce Plan.--Section 44506(e)
of title 49, United States Code is amended--
(1) in paragraph (1)--
(A) by inserting ``Collaborative Resource Workgroup
(CRWG)'' before ``staffing standards''; and
(B) by striking ``the number of air traffic
controllers needed'' and inserting ``the number of
fully certified air traffic controllers needed'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by adding after paragraph (1) the following new
paragraph:
``(2) for each air traffic control facility operated by the
Federal Aviation Administration--
``(A) the current certified professional controller
staffing levels;
``(B) the Collaborative Resource Workgroup (CRWG)
operational staffing targets for certified professional
controllers;
``(C) the anticipated certified professional
controller attrition for each of the next 3 years; and
``(D) the number of certified professional
controller trainees;''.
(d) Effective Date.--The amendments made by subsection (c) shall
take effect and apply to any reports submitted pursuant to section
44506(e) of title 49, United States Code, for each Controller Workforce
Plan submitted after September 30, 2024.
SEC. 522. FAA WORKFORCE REVIEW AUDIT.
(a) In General.--Not later than 90 days after the date of enactment
of this section, the Inspector General of the Department of
Transportation shall initiate an audit of any FAA workforce plans
related to aviation safety completed during the past 5 fiscal years.
(b) Contents.--In conducting the audit under subsection (a), the
Inspector General shall--
(1) identify whether any safety-critical positions have not
been reviewed within the timeframe specified in subsection (a);
(2) review FAA workforce gaps in safety-critical and senior
positions, including the average vacancy period of such
positions during the latest fiscal year;
(3) review whether existing FAA workforce development
programs are producing intended results, such as increased
recruitment and retention of agency personnel; and
(4) evaluate the extent to which the FAA leverages its
direct hire authority to recruit subject matter experts and
other technical personnel to fill key senior and technical
positions.
(c) Report and Recommendations.--
(1) Inspector general report.--Not later than 1 year after
the date of enactment of this section, the Inspector General
shall submit to the Administrator and the appropriate
committees of Congress a report on the results of the audit
conducted under subsection (a), together with recommendations
for such legislative and administrative action as the Inspector
General determines appropriate.
(2) Congressional briefing.--Not later than 90 days after
receiving the report under paragraph (1), the Administrator
shall provide a briefing to appropriate committees of Congress
on--
(A) the Administrator's response to the
recommendations of the Inspector General contained in
such report; and
(B) any plans of the Administrator for the
implementation of such recommendations.
SEC. 523. DIRECT HIRE AUTHORITY UTILIZATION.
(a) In General.--Section 40122 of title 49, United States Code, is
amended by adding at the end the following:
``(k) Direct Hire Authority.--The Administrator of the Federal
Aviation Administration shall utilize existing direct hire authority to
expedite the hiring process and hire individuals on a non-competitive
basis for safety critical and safety technical positions related to
aircraft certification and aviation safety more broadly to maintain the
gold standard of aviation safety and, as necessary, fulfill any gaps
identified in workforce reviews at the Federal Aviation
Administration.''.
(b) Congressional Briefing.--Not later than 180 days after the date
of enactment of this section, and annually thereafter through 2028, the
Administrator shall brief the appropriate committees of Congress on the
status of--
(1) utilization of the direct hire authority described
subsection (k) of such section 40122, as added subsection (a);
and
(2) the number of employees hired under such authority, the
relevant line of business to which such employees were hired,
and the occupation type of the positions filled.
SEC. 524. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.
(a) In General.--Not later than October 1, 2024, the Administrator
shall review and revise as necessary the staffing model for aviation
safety inspectors.
(b) Requirements.--
(1) Consideration of prior studies and reports.--In
revising the model, the Administrator shall take into
consideration the recommendations outlined in the following:
(A) The 2006 report released by the National
Research Council entitled ``Staffing Standards for
Aviation Safety Inspectors''.
(B) The 2007 study released by the National Academy
of Sciences entitled ``Staffing Standards for Aviation
Safety Inspectors''.
(C) The 2013 report released by Grant Thornton LLP,
entitled ``ASTARS Gap Analysis Study: Comparison of the
AVS Staffing Model for Aviation Safety Inspectors to
the National Academy of Sciences' Recommendations Final
Report''.
(D) The 2021 report released by the Inspector
General of the Department of Transportation entitled
``FAA Can Increase Its Inspector Staffing Model's
Effectiveness by Implementing System Improvements and
Maximizing Its Capabilities''.
(E) The FAA Fiscal Year 2023 Aviation Safety
Workforce Plan conducted to satisfy the requirements of
section 104 of the Aircraft Certification, Safety, and
Accountability Act, as enacted in the Consolidated
Appropriations Act, 2021 (49 U.S.C. 44701 note).
(2) Service and office staffing level.--The model will
project staffing at the service and office level and require
managers to use the model as part of the resource assessment
for aviation safety inspector resources.
(3) Attrition.--The aviation safety inspector staffing
model will take into consideration forecasted attrition.
(4) Consultation.--In revising the model, the Administrator
shall consult with interested persons, including the exclusive
collective bargaining representative for aviation safety
inspectors certified under section 7111 of title 5, United
States Code.
SEC. 525. SAFETY CRITICAL STAFFING.
(a) Implementation of Staffing Standards for Safety Inspectors.--
Upon completion of the revised staffing model for aviation safety
inspectors under section 524, and validation of the model by the
Administrator, the Administrator shall take all appropriate actions in
response to the number of aviation safety inspectors, aviation safety
technicians, and operation support positions that such model determines
are required to meet the responsibilities of the Flight Standards
Service and Aircraft Certification Service, including increasing the
number of safety critical positions in the Flight Standards Service and
Aircraft Certification Service per fiscal year as appropriate, provided
that such staffing increases shall be measured relative to the number
of persons serving in safety critical positions as of September 30,
2023. Any increase in safety critical staffing pursuant to this
subsection shall be subject to the availability of appropriations.
(b) Safety Critical Positions Defined.--In this section, the term
``safety critical positions'' means--
(1) aviation safety inspectors, aviation safety specialists
(1801 series), aviation safety technicians, and operations
support positions in the Flight Standards Service; and
(2) manufacturing safety inspectors, pilots, engineers,
Chief Scientist Technical Advisors, aviation safety specialists
(1801 series), safety technical specialists, and operational
support positions in the Aircraft Certification Service.
SEC. 526. INSTRUMENT LANDING SYSTEM INSTALLATION.
(a) In General.--Section 44502(a)(4) of title 49, United States
Code, is amended by adding at the end the following:
``(C) Installation.--The Administrator shall
expedite the installation of at a minimum 15 instrument
landing systems (referred to in this subparagraph as
`ILS') in the national airspace system by January 1,
2025, by utilizing the existing ILS contract vehicle
and the Federal Aviation Administration workforce.''.
(b) Expedited Installation of ILS Equipment.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Administrator shall initiate
action to utilize the existing instrument landing systems
(referred to in this subsection as ``ILS'') contract vehicle
and FAA employees in facilitating the expedited installation of
ILS equipment into the national airspace system. In carrying
out this subsection, the Administrator shall--
(A) incorporate lessons learned from the
installations under section 44502(a)(4) of title 49,
United States Code;
(B) record metrics of cost and time savings of
expedited installations; and
(C) consider opportunities to further develop ILS
technical expertise among the FAA workforce.
(2) Considerations.--During the implementation planning to
carry out this subsection and subparagraph (C) of section
44502(a)(4) of title 49, United States Code, as added by
subsection (a), the Administrator shall consider the cost-
benefit analysis of utilizing the existing ILS contract
vehicle, the FAA workforce, or both, to accelerate the
installation and deployment of procured equipment.
(3) Report to congress.--Not later than June 30, 2025, the
Administrator shall report to the appropriate committees of
Congress on the ILS installation results, near-term ILS
installations planned, and shall outline the FAA's approach to
accelerate future procurement and installation of ILS
throughout the national airspace system in a manner consistent
with the requirements of title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58).
SEC. 527. AVIATION CERTIFICATION FELLOWSHIP PROGRAM.
(a) Program.--
(1) Establishment.--
(A) In general.--Not later than 1 year after the
date of enactment of this section, the Administrator
shall establish within the FAA a program to be known as
the ``Aviation Certification Professional Fellowship
Program'' (in this section referred to as the
``Program'') to facilitate the assignment of
individuals from a private-sector organization to the
FAA to serve on a temporary basis in positions relating
to aircraft certification.
(B) Appointments.--In appointing individuals under
the Program, the Administrator shall enter into
agreements with private-sector organizations employing
such individuals and selected individuals to
participate in the Program pursuant to terms and
conditions of service determined appropriate by the
Administrator.
(C) Actions subject to availability of funds.--Any
action taken by the Administrator under this section
shall be subject to the availability of appropriations
authorized under subsection (e).
(2) Responsibilities.--
(A) Guidelines.--The Administrator shall establish
guidelines related to the activities and
responsibilities of the fellowships under subsection
(b).
(B) Qualifications.--The Administrator shall
prescribe the qualifications required for designation
of certification professional fellowships under
subsection (b).
(C) Authority.--In order to carry out the
provisions of this section, the Administrator may--
(i) appoint, assign the duties of, and
transfer such personnel as may be necessary;
(ii) make appointments with respect to
temporary and intermittent services;
(iii) enter into contracts, cooperative
agreements, and other transactions without
regard to section 6101 of title 41, United
States Code;
(iv) accept funds from other Federal
departments and agencies to pay for, and add
to, activities authorized by this section; and
(v) promulgate such rules and regulations
as may be necessary and appropriate.
(b) Special Rules for Fellowships.--Under the Program, the
Administrator shall do the following:
(1) Appoint highly qualified, experienced professionals to
advisory positions related to certification that require
specialized, unique, or extensive skills in occupations within
the FAA, and allow such professionals to occupy specialty or
hard-to-fill positions that require specialized knowledge of
aircraft design, manufacturing, safety, and certification
processes.
(2) Allow appointed individuals to be utilized across the
aircraft certification spectrum as appropriate.
(3) Open the fellowships to citizens and nationals of the
United States.
(4) Limit the term of appointment to up to 1 year with an
option to extend for up to an additional year (with no
appointment exceeded a total of 2 years).
(5) Reserve the right to terminate individuals
participating in the fellowship for any violation of the terms
and conditions of service established by the Administrator.
(6) Make clear that any responsibilities of individuals
participating in the fellowship program constitute acting in an
advisory role for aircraft certification and are subject to
conflict-of-interest conditions and FAA supervision and
control.
(c) Rules for Pay and Benefits for Individuals Employed by Private-
sector Organizations.--An individual employed by a private-sector
organization who is participating in the Program at the FAA shall
continue to receive pay and benefits from such private-sector
organizations and shall not receive pay or benefits from the FAA for
the duration of the individual's participation in the Program.
(d) Conflicts of Interest.--The Administrator shall implement
policies to identify, mitigate, and manage any perceived or actual
conflict of interest as a condition of an individual's participation in
the Program. Such policies shall include the following:
(1) A prohibition on an individual participating in the
Program from being assigned to a position that has decision-
making authority or influence over an application or project
submitted to the FAA by the private-sector organization
employing such individual.
(2) A requirement that an individual participating in the
Program who has access to proprietary or non-public information
at the FAA must sign a non-disclosure agreement prohibiting the
sharing of such information that is of commercial value with
the private-sector organization employing such individual or
with other individuals (whether or not employed by such
private-sector organization) or organizations, during the
period of the individual's participation in the Program and
after the individual's participation in the Program has
concluded.
(3) A prohibition on an individual participating in the
Program from improperly using pre-decisional or draft FAA
information that such individual may be privy to or aware of
during, or as a result of, the individual's participation in
the Program for the benefit of the private-sector organization
employing such individual,
(4) Appropriate post-service limitations for individuals
participating in the Program.
(5) Other elements determined appropriate by the
Administrator.
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
Amounts appropriated under the preceding sentence shall remain
available until expended.
(f) Rule of Construction.--Nothing in this section shall be
construed as a delegation of authority by the Administrator to
individuals participating in the Program.
(g) Program Review and Report.--
(1) Review.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller General'')
shall conduct a comprehensive review of the Program, including
the impact of the Program on the FAA's aircraft certification
processes and the presence of any conflicts of interest under
the Program.
(2) Report.--Not later than 3 years after the date of
enactment of this section, the Comptroller General shall submit
to the appropriate committees of Congress a report containing
the results of the review conducted under paragraph (1),
together with recommendations for such legislation and
administrative action as the Comptroller General determines
appropriate.
(h) Sunset.--The Program shall terminate on the date that is 5
years after the date of enactment of this section.
(i) Certified Professional Defined.--In this section, the term
``certification professional'' means an individual with expertise and
background in a line or field that is concerned with, or likely to
improve, the safety certification of aircraft and other airborne
objects and systems, including the following:
(1) Aerospace engineering.
(2) Aerospace physiology.
(3) Aeronautical engineering.
(4) Airworthiness engineering.
(5) Electrical engineering.
(6) Human factors engineering.
(7) Software engineering.
(8) Systems engineering.
SEC. 528. CONTRACT TOWER PROGRAM AIR TRAFFIC CONTROLLER TRAINING
PROGRAMS.
Section 47124 of title 49, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d), the following new
subsection:
``(e) Air Traffic Controller Training Programs.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall coordinate
with air traffic control contractors to create air traffic
controller training programs and shall incorporate the use of
such programs into new contracts or the exercise of future
options entered into under the Contract Tower Program and the
Cost-share Program. Such programs shall allow air traffic
control contractors to--
``(A) provide initial training to candidates who do
not have a Control Tower Operator certificate or
Federal Aviation Administration tower credential; and
``(B) provide training to controllers who have
completed an approved Air Traffic Collegiate Training
Initiative (AT-CTI) program from an accredited school
that has a demonstrated successful curriculum.
``(2) Authority.--An air traffic control contractor shall
be permitted to train controllers under programs established
under paragraph (1) notwithstanding section 65.39(a) of title
14, Code of Federal Regulations (as in effect on the date of
enactment of this subsection).
``(3) Rule of construction.--Nothing in this subsection
shall be construed as a delegation of authority by the
Administrator to air traffic control contractors for the
purposes of conducting initial testing of, and issuing initial
certifications to, air traffic controllers.
``(4) Program review.--
``(A) In general.--Not later than 3 years after the
incorporation of training programs operated by air
traffic control contractors under the Contract Tower
Program and the Cost-share Program, the Secretary shall
conduct a review of such training programs and issue
relevant findings. In conducting the review, the
Secretary shall identify the degree to which such
programs improve workforce development at air traffic
control tower facilities staffed through the Contract
Tower Program or the Cost-share Program, air traffic
control towers staffed by the Federal Aviation
Administration, and any related impact such training
may have on air traffic controller staffing more
broadly.
``(B) Report.--Not later than 1 year after the date
on which the Secretary initiates the review required by
subparagraph (A), the Secretary shall submit a report
to the appropriate committees of Congress on the
results of the review, along with such recommendations
as the Secretary determines appropriate.
``(5) Definitions.--In this subsection, the term
`demonstrated successful curriculum' means an AT-CTI program
curriculum with a demonstrated record of graduated students
that have enrolled at the FAA Academy and subsequently
completed Certified Tower Operator certificates at an 80
percent success rate for a consecutive period of 5 years.
``(6) Sunset.--The provisions of this subsection shall
terminate on September 30, 2028.''; and
(3) in subsection (f) (as redesignated by paragraph (1)),
by adding at the end the following:
``(3) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives.''.
SEC. 529. REVIEW OF FAA AND INDUSTRY COOPERATIVE FAMILIARIZATION
PROGRAMS.
(a) Review.--Not later than 270 days after the date of enactment of
this section, the Administrator shall complete a review of options for
employees of the FAA whose responsibilities directly relate to
certification, to gain or enhance technical expertise, knowledge,
skills, and abilities, including subject matter relating to innovative
and complex aviation technologies, through cooperative training and
visitation with aerospace companies.
(b) Conflicts of Interest.--In conducting the review in subsection
(a), the Administrator shall ensure that such options for FAA employees
would occur on a short-term basis and avoid both conflicts of interest
and the appearance of such conflicts pursuant to chapter 131 of title
5, United States Code, chapter 11 of title 18, United States Code,
subchapter B of chapter XVI of title 5, Code of Federal Regulations,
sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations,
and any other regulations as deemed appropriate by the Administrator.
The Administrator shall also identify any conflicts with FAA policies
relating to FAA employee interactions with industry and determine
appropriate obligations of such employees upon returning to the FAA
after engaging in relevant cooperative training and visitation.
(c) Considerations.--As part of the review required by subsection
(a), the Administrator shall consider the following, provided that such
actions satisfy conflicts of interest requirements referred to in
subsection (b):
(1) Expanding existing familiarization programs.
(2) Leveraging cooperative training programs to support
credentialing and recurrent training activities for FAA
employees.
(3) Evaluating the options described in subsection (a)
based on the level of experience of participating FAA employees
and intended benefits related to such participation.
(d) Report.--Not later than 90 days after completing the review
required by subsection (a), the Administrator shall submit a report to
the appropriate committees of Congress on the results of the review and
relevant recommendations.
SEC. 530. IMPROVED ACCESS TO AIR TRAFFIC CONTROL SIMULATION TRAINING.
(a) Access.--The Administrator shall make tower simulator systems
(in this section referred to as ``TSS'') more accessible to all air
traffic controller specialists assigned to an air traffic control tower
of the FAA (in this section referred to as an ``ATCT''), regardless of
facility assignment, by carrying out the following:
(1) Cloud-based visual database and software system.--Not
later than 30 months after the date of enactment of this
section, the Administrator shall develop and implement a cloud-
based visual database and software system that is compatible
with existing and future TSS that includes, at a minimum--
(A) every ATCT's unique runway layout, approach
paths, and lines of sight; and
(B) specifications that meet all applicable data
security requirements.
(2) Upgrading tss.--Not later than 2 years after the date
of enactment of this section, the Administrator shall upgrade
existing, permanent TSS so that the TSS is capable of, at a
minimum--
(A) securely and quickly downloading data from the
cloud-based visual database and software system
implemented under paragraph (1);
(B) running scenarios for each ATCT involving
differing levels of air traffic volume; and
(C) running scenarios for each ATCT involving
varying complexities of air traffic (including, but not
limited to, aircraft emergencies, rapidly changing
weather, issuance of safety alerts, and recovering from
unforeseen events or losses of separation).
(3) Mobile tss.--Not later than 4 years after the date of
enactment of this section, the Administrator shall acquire and
implement mobile TSS at each ATCT that is without an existing,
permanent TSS so that the mobile TSS is capable of, at a
minimum, the functions described in subparagraphs (A), (B), and
(C) of paragraph (2).
(b) Collaboration.--In carrying out the activities under subsection
(a), the Administrator may collaborate with the exclusive bargaining
representative of air traffic controllers certified under section 7111
of title 5, United States Code.
SEC. 531. AIR TRAFFIC CONTROLLER INSTRUCTOR PIPELINE.
(a) In General.--No later than 270 days after the date of enactment
of this section, the Administrator shall initiate a study examining the
pipeline of air traffic controller instructors and the projected number
of instructors needed to maintain the safety of the national airspace
system over the 5-fiscal year period beginning with fiscal year 2024.
(b) Contents.--The study required by subsection (a) shall include
the following:
(1) An examination of projected instructor staffing
targets, including the number of on-the-job instructors needed
for the instruction and training of Certified Professional
Controllers in Training (CPC-Its).
(2) Whether involving further retired Certified
Professional Controllers (CPCs) as instructors, including for
classroom training, would produce improvements in air traffic
controller instruction and training.
(3) Recommendations on how and where to utilize retired
certified professional controllers.
(4) The effect on the ability of active Certified
Professional Controllers (CPCs) to carry out on-the-job duties,
other than instruction, and any related efficiencies if more
retired Certified Professional Controllers (CPCs) were
instructors.
(5) The known vulnerabilities, as categorized by FAA Air
Traffic Organization regions, where requiring Certified
Professional Controllers (CPCs) to provide instruction and
training to Certified Professional Controllers in Training
(CPC-Its) is a significant burden on FAA air traffic controller
staffing levels.
(c) Deadline.--Not later than 2 years after the date on which the
Administrator initiates the study required by subsection (a), the
Administrator shall brief the appropriate committees of Congress on the
results on the study and any actions that may be taken based on such
results.
SEC. 532. ENSURING HIRING OF AIR TRAFFIC CONTROL SPECIALISTS IS BASED
ON ASSESSMENT OF JOB-RELEVANT APTITUDES.
(a) Review of the Air Traffic Skills Assessment.--Not later than
180 days after the date of enactment of this section, the Administrator
shall review and revise, if necessary, the Air Traffic Skills
Assessment (in this section referred to as the ``AT-SA'') administered
to air traffic controller applicants described in clauses (ii) and
(iii) of section 44506(f)(1)(B) of title 49, United States Code, in
accordance with the following requirements:
(1) The Administrator shall evaluate all questions on the
AT-SA and determine whether a peer-reviewed job analysis that
ensures all questions test job-relevant aptitudes would result
in improvements in the air traffic control specialist workforce
pipeline.
(2) The Administrator shall assess the assumptions and
methodologies used to develop the AT-SA, the job-relevant
aptitudes measured, and the scoring process for the assessment.
(3) The Administrator shall assess whether any other
revisions to the AT-SA are necessary to enhance the air traffic
control specialist workforce pipeline.
(b) DOT Inspector General Report.--Not later than 180 days after
the date on which the Administrator completes the review and any
necessary revision of the AT-SA required under subsection (a), the
Inspector General of the Department of Transportation shall submit to
the Administrator, the appropriate committees of Congress, and, upon
request, to any member of Congress, a report that assesses the reviewed
AT-SA and any applicable revisions, a description of any associated
actions taken by the Administrator, and any recommended actions to be
taken to address the results of the report.
SEC. 533. FEDERAL AVIATION ADMINISTRATION ACADEMY AND FACILITY
EXPANSION PLAN.
(a) Plan.--
(1) In general.--No later than 90 days after the date of
enactment of this section, the Administrator shall initiate the
development of a plan to--
(A) expand overall FAA capacity relating to
facilities, instruction, equipment, and training
resources to grow the number of developmental air
traffic controllers enrolled per fiscal year and
support increases in FAA air controller staffing to
advance the safety of the national airspace system; and
(B) establish a second FAA Academy in an area
described in paragraph (2).
(2) Area described.--An area described in this paragraph is
a metropolitan statistical area in which each of the following
is located:
(A) At least 2 large hub airports.
(B) An FAA Flight Standards District Office
(C) An FAA Certificate Management Office.
(D) An FAA regional headquarters.
(3) Considerations.--In developing the plan under paragraph
(1), the Administrator shall consider--
(A) the resources needed to support an increase in
the total number of developmental air traffic
controllers enrolled at the FAA Academies;
(B) the resources needed to lessen FAA Academy
attrition per fiscal year;
(C) how to modernize the education and training of
developmental air traffic controllers, including
through the use of new techniques and technologies to
support instruction, and whether field training can be
administered more flexibly, such as at other FAA
locations across the country;
(D) the equipment needed to support expanded
instruction, including air traffic control simulation
systems, virtual reality, and other virtual training
platforms;
(E) projected staffing needs associated with FAA
Academy expansion and the operation of virtual
education platforms, including the number of on-the-job
instructors needed to educate and train additional
developmental air traffic controllers;
(F) the use of existing FAA-owned facilities and
classroom space and identifying potential opportunities
for new construction;
(G) the costs of--
(i) expanding FAA capacity (as described in
paragraph (1)(A)); and
(ii) establishing a second FAA Academy (as
described in paragraph (1)(B));
(H) soliciting input from, and coordinating with,
relevant stakeholders as appropriate, including the
exclusive bargaining representative of air traffic
control specialists of the FAA certified under section
7111 of title 5, United States Code; and
(I) other logistical and financial considerations
as determined by appropriate the Administrator.
(b) Report.--Not later than one year after the date of enactment of
this section, the Administrator shall submit to the appropriate
committees of Congress the plan developed under subsection (a).
(c) Briefing.--Not later than 180 days after the submission of the
plan under subsection (b), the Administrator shall brief the
appropriate committees of Congress on the plan, including the
implementation of the plan.
TITLE VI--MODERNIZING AIRPORT SYSTEMS
SEC. 601. AIP ELIGIBILITY AMENDMENTS.
Section 47102(3) of title 49, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (ix), by striking ``and'' after the
semicolon;
(B) in clause (x), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(xi) a medium intensity approach lighting
system with runway alignment indicator
lights.'';
(2) by redesignating subparagraphs (Q) and (R) as
subparagraphs (S) and (T), respectively;
(3) by redesignating subparagraphs (M) through (P) as
subparagraphs (N) through (Q), respectively;
(4) by inserting after subparagraph (L) the following:
``(M) constructing or acquiring airport-owned
infrastructure or equipment, notwithstanding revenue
producing capability, as defined in subsection (24),
required for the on-airport distribution or storage of
unleaded aviation gas for use by piston-driven
aircraft, including on-airport construction or
expansion of pipelines, storage tanks, low-emission
fuel systems, and airport-owned and operated fuel
trucks providing exclusively unleaded aviation fuels,
unless the Secretary determines that an alternative
fuel may be safely used for a limited time.'';
(5) by inserting after subparagraph (Q) (as redesignated by
paragraph (3)), the following:
``(R) acquiring or installing new renewable energy
generation infrastructure (such as solar, geothermal,
or wind) that provide power for on-airport uses and
energy storage systems, and necessary substation
upgrades to support such infrastructure.''; and
(6) by inserting after subparagraph (T) (as redesignated by
paragraph (2)), the following:
``(U) initial acquisition (and excluding subsequent
upgrades) of an advanced digital construction
management system (meaning a computer platform that
uses digital technology throughout the life cycle of a
capital infrastructure project, including through
project phases such as design and construction, when
that system is acquired to carry out a project approved
by the Secretary under this subchapter.
``(V) reconstructing or rehabilitating an existing
crosswind runway provided the sponsor includes
reconstruction or rehabilitation of the runway in the
sponsor's most recent approved airport layout plan.''.
SEC. 602. REVISED MINIMUM APPORTIONMENTS.
Section 47114(c)(1) of title 49, United States Code, is amended by
adding at the end the following:
``(K) Minimum apportionment for commercial service
airports with more than 4,000 passenger boardings in a
calendar year.--Not less than $400,000 may be
apportioned under subparagraph (A) for each fiscal year
to each sponsor of a commercial service airport that
had fewer than 8,000 passenger boardings, but at least
4,000 passenger boardings, during the prior calendar
year.''.
SEC. 603. APPORTIONMENTS FOR TRANSITIONING AIRPORTS.
Section 47114(f)(3) of title 49, United States Code, is amended--
(1) in subparagraph (A), by striking ``Beginning with the
fiscal year'' and inserting ``For 3 fiscal years''; and
(2) in subparagraph (B), by striking ``fiscal year 2004''
and inserting ``fiscal years beginning with fiscal year 2024''.
SEC. 604. UPDATING UNITED STATES GOVERNMENT'S SHARE OF PROJECT COSTS.
(a) In General.--Section 47109 of title 49, United States Code, is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Increased Government Share.--In any State containing
unappropriated and unreserved public lands and nontaxable Indian lands
(individual and tribal) of more than 5 percent of the total area of all
lands in the State, the Government's share of allowable project costs
provided in subsection (a) shall be--
``(1) unchanged for a project at a large hub airport in the
State; or
``(2) 95 percent for a project at any other airport in the
State.'';
(2) by striking subsection (c) and redesignating
subsections (d) through (f) as (c) through (e), respectively;
(3) in subsection (e), as so redesignated, by striking
paragraph (1) and inserting the following:
``(1) is not a medium or large hub airport; and''; and
(4) by inserting after subsection (e), as so redesignated,
the following:
``(f) Special Rule for Fiscal Years 2024 Through 2026.--
Notwithstanding subsection (a), the Government's share of allowable
project costs for a grant made to a nonhub or nonprimary airport in
each of fiscal years 2024 through 2026 is 95 percent.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2023.
SEC. 605. PRIMARY AIRPORT DESIGNATION.
Section 47114(c)(1) of title 49, United States Code, as amended by
section 602, is amended by adding at the end the following:
``(L) Public airports with military use.--
Notwithstanding any other provision of law, a public
airport shall be considered a nonhub primary airport in
fiscal year 2024 for purposes of this chapter if such
airport was--
``(i) designated as a primary airport in
fiscal year 2017; and
``(ii) in use by an air reserve station in
the calendar year used to calculate
apportionments to airport sponsors in a fiscal
year.''.
SEC. 606. DISCRETIONARY FUND FOR TERMINAL DEVELOPMENT COSTS.
(a) Terminal Projects at Transitioning Airports.--Section 47119(c)
of title 49, United States Code, is amended--
(1) in paragraph (4), by striking ``or'' after the
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (5), the following:
``(6) not more than $20,00,000 of the amount that may be
distributed for the fiscal year from the discretionary fund
established under section 47115 of this title, to the sponsor
of a nonprimary airport to pay costs allowable under subsection
(a) for terminal development projects, if the Secretary
determines (which may be based on actual and projected
enplanement trends, as well as completion of an air service
development study, demonstrated commitment by airlines to
provide commercial service accommodating at least 10,000 annual
enplanements, the sponsor's documented commitment to providing
the remaining funding to complete the proposed project, and a
favorable environmental finding (including all required
permits) in support of the proposed project) that the status of
the nonprimary airport is reasonably expected to change to
primary status in the next published report under section
47103.''.
(b) Limitation.--Section 47119(f) of title 49, United States Code,
is amended by striking ``$20,000,000'' and inserting ``$30,000,000''.
SEC. 607. ALTERNATIVE-DELIVERY AND ADVANCE-CONSTRUCTION METHODS PILOT
PROGRAM.
Section 47142 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(d) Pilot Program.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Administrator shall
establish a pilot program under which not less than 5 airport
sponsors shall be authorized through the application process
under subsection (a) to award a design-build contract for a
project that uses alternative-delivery and advance-construction
methods, for purposes of evaluating the extent to which such
methods expedite project delivery and reduce construction
costs.
``(2) Report.--Not later than 90 days after the date on
which the pilot program ends, the Administrator shall submit to
Congress a report on the results of the pilot program, together
with recommendations for such legislative or administrative
action as the Administrator determines appropriate.''.
SEC. 608. INTEGRATED PROJECT DELIVERY.
(a) Pilot Program.--Not later than 270 days after the date of
enactment of this section, the Secretary shall establish a pilot
program under which the Administrator may award grants for integrated
project delivery contracts to carry out up to 5 building construction
projects at airports in the United States with a grant awarded under
section 47104 of title 49, United States Code.
(b) Application.--
(1) Eligibility.--A sponsor of an airport may submit to the
Secretary an application, in such time and manner and
containing such information as the Secretary may require, to
carry out a building construction project under the pilot
program that would otherwise be eligible for assistance under
chapter 471 of such title 49.
(2) Approval.--The Secretary may approve the application of
a sponsor of an airport submitted under paragraph (1) to
authorize such sponsor to award an integrated project delivery
contract using a selection process permitted under applicable
State or local law if--
(A) the Secretary approves the application using
criteria established by the Secretary;
(B) the integrated project delivery contract is in
a form that is approved by the Secretary;
(C) the Secretary is satisfied that the contract
will be executed pursuant to competitive procedures and
contains a schematic design and any other material that
the Secretary determines sufficient to approve the
grant;
(D) the Secretary is satisfied that the use of an
integrated project delivery contract will be cost
effective and expedite the project;
(E) the Secretary is satisfied that there will be
no conflict of interest; and
(F) the Secretary is satisfied that the contract
selection process will be open, fair, and objective and
that not less than 2 sets of proposals will be
submitted for each team entity under the selection
process.
(c) Reimbursement of Costs.--Reimbursement of costs shall be based
on transparent cost accounting, also known as open book cost
accounting. The Secretary may reimburse a sponsor of an airport for any
design or construction costs incurred before a grant is made pursuant
to this section if--
(1) the project funding is approved by the Secretary in
advance;
(2) the project is carried out in accordance with all
administrative and statutory requirements under chapter 471 of
such title 49; and
(3) the project is carried out under such chapter after a
grant agreement has been executed.
(d) Integrated Project Delivery Contract Defined.--In this section,
the term ``integrated project delivery contract'' means a single
contract for the delivery of a whole project that--
(1) includes, at a minimum, the owner, builder, and
architect-engineer as parties that are subject to the terms of
the contract;
(2) aligns the interests of all the parties to the contract
with respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and
collaboration among all parties to the contract relating to
project costs and project outcomes.
(e) Expiration of Authority.--The authority of the Secretary to
award grants under the pilot program under this section shall expire on
September 30, 2028.
SEC. 609. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.
Section 47134(b) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Benefit-cost analysis.--Prior to approving an
application submitted under subsection (a), the Secretary may
require a benefit-cost analysis. To facilitate the approval
process, if a benefit-cost analysis is required, the Secretary
shall issue a preliminary and conditional finding, which
shall--
``(A) be issued within 60 days of the sponsor's
submission of all information required by the
Secretary;
``(B) be based upon a collaborative review process
that includes the sponsor or sponsor's representative;
``(C) not constitute the issuance of a Federal
grant or obligation to issue a grant under this chapter
or other authority; and
``(D) not constitute any other obligation on the
part of the Federal Government until the conditions
specified in the final benefit-cost analysis are
met.''.
SEC. 610. AIRPORT ACCESSIBILITY.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by inserting after section 47144 the following:
``Sec. 47145. Pilot program for airport accessibility
``(a) In General.--The Secretary of Transportation shall establish
and carry out a pilot program to award grants to sponsors to carry out
capital projects to upgrade the accessibility of commercial service
airports for individuals with disabilities by increasing the number of
commercial service airports, airport terminals, or airport facilities
that meet or exceed the standards and regulations under the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) and the
Rehabilitation Act of 1973 (29 U.S.C. 701 note).
``(b) Use of Funds.--
``(1) In general.--Subject to paragraph (2), a sponsor
shall use a grant awarded under this section--
``(A) for a project to repair, improve, or relocate
the infrastructure of an airport, airport terminal, or
airport facility to increase accessibility for
individuals with disabilities, or as part of a plan to
increase accessibility for individuals with
disabilities;
``(B) to develop or modify a plan (as described in
subsection (e)) for a project that increases
accessibility for individuals with disabilities,
including--
``(i) assessments of accessibility or
assessments of planned modifications to an
airport, airport terminal, or airport facility
for passenger use, performed by the recipient
airport's disability advisory committee (if
applicable), the protection and advocacy system
for individuals with disabilities in the
applicable State, a center for independent
living, or a similar nonprofit organization
focused on ensuring individuals with
disabilities are able to live and participate
in their communities; or
``(ii) coordination by the recipient's
disability advisory committee with a protection
and advocacy system, center for independent
living, or similar nonprofit organization; or
``(C) to carry out any other project that meets or
exceeds the standards and regulations described in
subsection (a).
``(2) Limitation.--Eligible costs for a project funded with
a grant awarded under this section shall be limited to the
costs associated with carrying out the purpose authorized under
subsection (a).
``(c) Eligibility.--A sponsor--
``(1) may use a grant under this section to upgrade a
commercial service airport that is accessible to and usable by
individuals with disabilities consistent with the current (as
of the date of the upgrade) standards and regulations described
in subsection (a); and
``(2) may use the grant to upgrade a commercial service
airport that is not accessible and usable as described in
paragraph (1), even if the related service, program, or
activity, when viewed in its entirely, is readily accessible
and usable as so described.
``(d) Selection Criteria.--In making grants to sponsors under this
section, the Secretary shall give priority to sponsors that are
proposing--
``(1) a capital project to upgrade the accessibility of a
commercial service airport that is not accessible to and usable
by individuals with disabilities consistent with standards and
regulations described in subsection (a); or
``(2) to meet or exceed the Airports Council International
accreditation under the Accessibility Enhancement
Accreditation, through the incorporation of universal design
principles.
``(e) Accessibility Commitment.--A sponsor that receives a grant
under this section shall adopt a plan under which the sponsor commits
to pursuing airport accessibility projects that--
``(1) enhance the customer experience and maximize
accessibility of commercial service airports, airport
terminals, or airport facilities for individuals with
disabilities, including by--
``(A) upgrading bathrooms, counters, or pumping
rooms;
``(B) increasing audio and visual accessibility on
information boards, security gates, or paging systems;
``(C) updating airport terminals to increase the
availability of accessible seating and power outlets
for durable medical equipment (such as powered
wheelchairs);
``(D) updating airport websites and other
information communication technology to be accessible
for individuals with disabilities; or
``(E) increasing the number of elevators, including
elevators that move power wheelchairs to an aircraft;
``(2) improve the operations of, provide efficiencies of
service to, and enhance the use of commercial service airports
for individuals with disabilities;
``(3) establish a disability advisory committee, as defined
in subsection (h);
``(4) make improvements in personnel, infrastructure, and
technology that can assist passenger self-identification
regarding disability and needing assistance; and
``(5) address equity of service to all passengers
regardless of income, age, race, or ability, taking into
account historical and current service gaps for low-income
passengers, older individuals, passengers from communities of
color, and passengers with disabilities.
``(f) Coordination With Disability Advocacy Entities.--In
administering grants under this section, the Secretary shall
encourage--
``(1) engagement with disability advocacy entities (such as
the sponsor's disability advisory committee) and a protection
and advocacy system for individuals with disabilities in the
applicable State, a center for independent living, or a similar
nonprofit organization focused on ensuring individuals with
disabilities are able to live and participate in their
communities; and
``(2) assessments of accessibility or assessments of
planned modifications to commercial service airports to the
extent merited by the scope of the capital project of the
sponsor proposed to be assisted under this section, taking into
account any such assessment already conducted by the Federal
Aviation Administration.
``(g) Federal Share of Costs.--The Government's share of allowable
project costs for a project carried out with a grant under this section
shall be the Government's share of allowable project costs specified
under section 47109.
``(h) Definitions.--In this section:
``(1) Center for independent living.--The term `center for
independent living' has the meaning given the term in section
702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
``(2) Disability advisory committee.--The term `disability
advisory committee' means a body of stakeholders (including
airport staff, airline representatives, and individuals with
disabilities) that provide to airports and appropriate
transportation authorities input from individuals with
disabilities, including identifying opportunities for removing
barriers, expanding accessibility features and improving
accessibility for individuals with disabilities at airports.
``(3) Protection and advocacy system.--The term `protection
and advocacy system' means such a system established in
accordance with section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
``(i) Funding.--Notwithstanding any other provision of this
chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the
amounts that would otherwise be used to make grants from the
discretionary fund under section 47115 for each such fiscal year shall
be used by the Secretary to carry out this section for each such fiscal
year.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
471 of title 49, United States Code, is amended by inserting after the
item relating to section 47144 the following:
``47145. Pilot program for airport accessibility.''.
SEC. 611. GENERAL AVIATION PUBLIC-PRIVATE PARTNERSHIP PROGRAM.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, as amended by section 610(a), is amended by inserting
after section 47145, the following
``Sec. 47146. General aviation public-private partnership program
``(a) In General.--The Secretary of Transportation shall establish
a program that meets the requirements under this section for improving
facilities at--
``(1) general aviation airports; and
``(2) privately owned airports used or intended to be used
for public purposes that do not have scheduled air service.
``(b) Application Required.--The operator or sponsor of an airport,
or the community in which an airport is located, seeking, on behalf of
the airport, to participate in the program established under subsection
(a), shall submit an application to the Secretary in such form, at such
time, and containing such information as the Secretary may require,
including--
``(1) an assessment of the needs of the airport for
additional or improved hangars, airport businesses, or other
facilities;
``(2) the ability of the airport to leverage private sector
investments on the airport or develop public-private
partnerships to build or improve facilities at the airport; and
``(3) if the application is submitted by a community,
evidence that the airport supports the application.
``(c) Limitation.--
``(1) State limit.--Not more than 4 airports in the same
State may be selected in any fiscal year to participate in the
program established under subsection (a).
``(2) Dollar amount limit.--Not more than $500,000 shall be
made available for any airport in any fiscal year under the
program established under subsection (a).
``(3) Cost share requirement.--The Federal cost share for
this program shall be no more than 50 percent.
``(d) Priorities.--In selecting airports for participation in the
program established under subsection (a), the Secretary shall give
priority to airports at which--
``(1) the operator or sponsor of the airport, or the
community in which the airport is located--
``(A) will provide a portion of the cost of the
project for which assistance is sought under the
program from local sources;
``(B) will employ best business practices in
developing or implementing a public-private
partnership; or
``(C) has established, or will establish, a public-
private partnership to build or improve facilities at
the airport; or
``(2) the assistance will be used in a timely fashion.
``(e) Types of Assistance.--The Secretary may use amounts made
available under this section--
``(1) to provide assistance to market an airport to private
entities or individuals in order to leverage private sector
investments or develop public-private partnerships for the
purposes of building or improving hangars, businesses, or other
facilities at the airport;
``(2) to fund studies that consider what measures an
airport should take to attract private sector investment at the
airport; or
``(3) to participate in a partnership described in
paragraph (1) or an investment described in paragraph (2).
``(f) Authority to Make Agreements.--The Secretary may enter into
agreements with airports and entities entering into partnerships with
airports under this section to provide assistance under this section.
``(g) Funding.--Notwithstanding any other provision of this
chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the
amounts that would otherwise be used to make grants from the
discretionary fund under section 47115 for each such fiscal year shall
be used by the Secretary to carry out this section for each such fiscal
year.''.
(b) Clerical Amendment.--The analysis for chapter 471 of such
title, as amended by section 610(b), is amended by inserting after the
item relating to section 47145 the following:
``47146. General aviation public-private partnership program.''.
SEC. 612. RUNWAY REHABILITATION.
The Administrator shall--
(1) not restrict funding to resurface the full length of an
existing runway within the State of Alaska based solely on
reduced current or forecast aeronautical activity levels or
critical design type standards;
(2) within 60 days review requests for runway
rehabilitation or reconstruction projects at airports on a
case-by-case basis; and
(3) not reject requests for projects with critical
community needs, such as projects in rural communities and
villages off the road system, or economic development projects
to expand a runway to meet new demands.
SEC. 613. EXTENSION OF PROVISION RELATING TO AIRPORT ACCESS ROADS IN
REMOTE LOCATIONS.
Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47102
note) is amended, in the matter preceding paragraph (1), by striking
``through 2023'' and inserting ``through 2028''.
SEC. 614. PROCUREMENT REGULATIONS APPLICABLE TO FAA MULTIMODAL
PROJECTS.
(a) In General.--Any multimodal airport development project that
uses grant funding from funds made available to the FAA to carry out
subchapter I of chapter 471 of title 49, United States Code, or airport
infrastructure projects under the Infrastructure Investment and Jobs
Act (Public Law 117-58) shall abide by the procurement regulations
applicable to--
(1) the FAA; and
(2) subject to subsection (b), the component of the project
relating to transit, highway, or rail, respectively.
(b) Multiple Component Projects.--In the case of a multimodal
airport development project described in subsection (a) that involves
more than 1 component described in paragraph (2) of that subsection,
such project shall only be required to apply the procurement
regulations applicable to the component where the greatest amount of
Federal financial assistance will be expended.
SEC. 615. SOLAR POWERED TAXIWAY EDGE LIGHTING SYSTEMS.
Not later than 2 years after the date of enactment of this section,
the Administrator shall issue an engineering brief describing the
acceptable use of durable long-term solar powered taxiway edge lighting
systems at basic nonprimary airports (as defined in appendix C of the
2023-2027 National Plan of Integrated Airport Systems published by the
FAA on September 30, 2022).
SEC. 616. ADDITIONAL GROUND BASED TRANSMITTERS.
Notwithstanding any other provision of law, the Administrator is
authorized to and shall waive any positive benefit-cost ratio
requirement for providing additional ground based transmitters for
Automatic Dependent Surveillance-Broadcasts (ADS-B) to provide a
minimum operational network in Alaska along major flight routes.
SEC. 617. AUTOMATED WEATHER OBSERVING SYSTEMS MAINTENANCE IMPROVEMENTS.
Section 533 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44720
note) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c), the following:
``(d) Maintenance Improvements.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subsection, the Administrator shall
identify and implement reasonable alternative mitigations to
improve maintenance of FAA-owned weather observing systems
which experience frequent service outages, including associated
surface communication outages.
``(2) Spare parts availability.--The mitigations identified
by the Administrator shall improve spare parts availability,
including consideration of storage of more spare parts in the
region of the equipment.
``(3) Application.--This subsection shall apply only to
airports located in non-contiguous States.
``(e) Notice of Outages.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subsection, the Administrator shall update
FAA Order 7930.2 Notices to Air Missions, or any successive
order, to incorporate weather system outages for Automated
Weather Observing Systems and Automated Surface Observing
Systems associated with Service A Outages.
``(2) Application.--This subsection shall apply only to
airports located in non-contiguous States.''.
SEC. 618. CONTRACT TOWER PROGRAM.
Section 47124 of title 49, United States Code, as amended by
section 528, is amended--
(1) in subsection (b)(3), by adding at the end the
following:
``(H) Period for completion of an operational
readiness inspection.--The Federal Aviation
Administration shall provide airport sponsors that show
good faith efforts to join the Contract Tower Program 7
years to complete an Operational Readiness Inspection
after receiving a benefit-to-cost ratio.'';
(2) by redesignating subsection (f) as subsection (h);
(3) by inserting after subsection (e), the following:
``(f) Improving Situational Awareness.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall allow air traffic controllers at
Federal Contract Towers to use technology to improve
situational awareness including, but not limited to, using
Standard Terminal Automation Replacement System (STARS) radar
displays, Automatic Dependent Surveillance-Broadcast (ADS-B),
Flight Data Input/Output (FDIOs), and Automatic Terminal
Information System (ATIS).
``(2) Requirements.--To help facilitate the integration of
the equipment described in paragraph (1), the Administrator
shall--
``(A) establish a set of standards that ensures
safety for use of the equipment described in paragraph
(1) for the purpose of increased situational awareness;
``(B) identify multiple approved vendors for such
equipment if practicable; and
``(C) partner with contract tower providers to
define an appropriate initial training program to
ensure that any tower radar displays, ADS-B displays,
or other equipment are correctly integrated into
Federal Contract Tower operations.
``(g) Liability Insurance.--
``(1) In general.--The Secretary shall consult with
industry experts, including air traffic control contractors and
aviation insurance professionals, to determine adequate limits
of liability for the Contract Tower Program, including during
the period described in paragraph (2) with respect to the
determination of adequate excess liability insurance under
paragraph (2)(B).
``(2) Interim steps.--During the period that begins on the
date of enactment of this subsection and ends on the date the
Secretary submits the report required by paragraph (3), the
Secretary shall require air traffic control contractors to have
adequate excess liability insurance (as determined by the
Secretary in consultation with industry experts under paragraph
(1)) to ensure resilience should a major accident occur.
``(3) Report.--Not later than 6 months after the date of
enactment of this subsection, the Secretary shall submit a
report to the appropriate committees of Congress on the
findings, conclusions, and actions taken and planned to be
taken to carry out this subsection.
``(4) Appropriate committees of congress.--For purpose of
this subsection, the term `appropriate committees of Congress'
(as defined in subsection (f)(3)) includes the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives.''.
SEC. 619. REMOTE TOWERS.
(a) In General.--Section 47124 of title 49, United States Code, as
amended by sections 528 and 618, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) (as added by section
725), the following:
``(h) Milestones for Design Approval of Remote Towers.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Administrator of the
Federal Aviation Administration shall create a structured
program and publish milestones to achieve system design
approval for a remote tower system.
``(2) Requirements.--In carrying out subparagraph (A), the
Administrator shall--
``(A) rely on support from the Airports Office of
the Federal Aviation Administration and the Air Traffic
Organization of the Federal Aviation Administration,
including the Air Traffic Services Service Unit and the
Technical Operations Service Unit; and
``(B) not later than September 30, 2024, expand
validation and certification of system design approval
for a digital or remote tower system to three locations
outside of the William J. Hughes Technical Center, as
specified in section 161 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 47104 note).''.
(b) Conforming Amendments.--Section 47124(b) of title 49, United
States Code, is amended--
(1) in paragraph (3)(B)(ii), by inserting ``or a remote
airport traffic control tower that has received System Design
Approval (SDA) from the Federal Aviation Administration'' after
`` an operating air traffic control tower''; and
(2) in each of clauses (i)(III) and (ii)(III) of paragraph
(4)(A), by inserting ``or remote air traffic control tower
equipment that has received System Design Approval (SDA) from
the Federal Aviation Administration'' after ``certified by the
Federal Aviation Administration''.
SEC. 620. GRANT ASSURANCES.
Section 47107(a) of title 49, United States Code, is amended--
(1) in paragraph (7), by striking the semicolon and
inserting ``, such that there are no unsafe practices or
conditions as determined by the Secretary;'';
(2) in paragraph (20), by striking ``and'' after the
semicolon;
(3) in paragraph (21), by striking the period at the end
and inserting a semicolon; and
(4) by inserting after paragraph (21), the following:
``(22) the airport owner or operator will require a fixed
based operator, which operates at the airport and also operates
facilities at 3 or more additional public-use airports where
fuel, parking, and other related services are offered to
general aviation aircraft, will publicly disclose on a
continuous basis all its prices and fees for the use of its
services, products, and facilities at the airport and that the
disclosure will--
``(A) be made in an open and conspicuous manner;
``(B) be made available at the point of purchase,
in print, and on the internet; and
``(C) include all retail, discounted, or other such
prices and fees charged and whether such prices and
fees are accepted as payment in full for the products,
services, and facilities furnished to airport users;
``(23) the airport owner or operator will not impose
unreasonable fees for transient aircraft parking that exceed
the airport's cost to operate and maintain the area where such
transient aircraft may park; and
``(24) the airport owner or operator will continue to make
available to general aviation aircraft all types of fuel, which
were available to such aircraft at that airport at any time
during calendar year 2022, until the earlier of--
``(A) December 31, 2030; or
``(B) the date on which a replacement for 100
octane Low Lead aviation gas for use by piston-driven
aircraft is widely available for use, as determined by
the Secretary.''.
SEC. 621. CIVIL PENALTIES FOR GRANT ASSURANCES VIOLATIONS.
Section 46301(a) of title 49, United States Code, is amended--
(1) in paragraph (1)(A), by inserting ``section 47107(a)(7)
(including any assurance made under such section), section
47107(a)(24) (including any assurance made under such
section),'' after ``chapter 451,''; and
(2) by inserting after paragraph (7), the following:
``(8) Failure to operate and maintain airports and
facilities suitably.--
``(A) Notwithstanding paragraph (1), the maximum
civil penalty for a violation of section 47107(a)(7)
(including any assurance made under such section)
committed by a person, including if the person is an
individual or small business concern, shall be $25,000.
``(B) In determining the amount of a civil penalty
under paragraph (1) related to a violation of section
47107(a)(7) (including any assurance made under such
section), the Secretary of Transportation shall take
into account any mitigating circumstances at the
airport and facilities on or connected with the
airport.
``(9) Failure to continue offering aviation fuel.--
Notwithstanding paragraph (1), the maximum civil penalty for a
violation of section 47107(a)(24) (including any assurance made
under such section) committed by a person, including if the
person is an individual or a small business concern, shall be
$5,000 for each day that the person is in violation of that
section.''.
SEC. 622. COMMUNITY USE OF AIRPORT LAND.
Section 47107(v) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``subsection (a)(13)'' and
inserting ``subsections (a)(13), (b), and (c)'';
(B) by striking ``the sponsor has entered'' and
inserting ``the sponsor has--
``(A) entered'';
(C) by striking ``market value.'' and inserting
``market value; or''; and
(D) by adding at the end the following:
``(B) permanently restricted the use of airport
property to compatible recreational and public park use
without paying or otherwise obtaining payment of fair
market value for the property.'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (H)
as clauses (i) through (viii), respectively, and moving
the left margins of each such clause 2 ems to the
right;
(B) by striking ``This subsection shall apply
only--'' and inserting the following:
``(A) Agreements.--Paragraph (1)(A) shall apply
only--''; and
(C) by adding at the end the following:
``(B) Restrictions.--Paragraph (1)(B) shall apply
only--
``(i) to airport property that was
purchased using funds from a Federal grant for
acquiring land issued prior to December 30,
1987;
``(ii) to airport property that has been
continuously used for recreational or public
park uses since January 1, 1995;
``(iii) if the airport sponsor has provided
a written statement to the Administrator that
the property to be permanently restricted for
recreational and public park use is not needed
for any aeronautical use at the time the
written statement is provided and is not
expected to be needed for any aeronautical use
at any time in the future;
``(iv) if the recreational and public park
use will not impact the aeronautical use of the
airport;
``(v) if the airport sponsor provides a
certification that the sponsor is not
responsible for operations, maintenance, or any
other costs associated with the recreational or
public park use;
``(vi) if the recreational purpose is
consistent with Federal land use compatibility
criteria under section 47502;
``(vii) if the airport sponsor has
continuously leased the property since January
1, 1995, to a local government entity to
operate and maintain the property at no cost to
the airport sponsor; and
``(viii) if the airport sponsor will--
``(I) continue to lease the
property to a local government entity
to operate and maintain the property at
no cost to the airport sponsor; or
``(II) transfer title to the
property to a local government entity
subject to a permanent deed restriction
ensuring compatible airport use under
the criteria of section 47502.''; and
(D) by adding at the end the following:
``(4) Aeronautical use; aeronautical purpose defined.--
``(A) In general.--In this subsection, the terms
`aeronautical use' and `aeronautical purpose' mean all
activities that involve or are directly related to the
operation of aircraft, including activities that make
the operation of aircraft possible and safe.
``(B) Inclusion of services located on an
airport.--Such terms include services located on an
airport that are directly and substantially related to
the movement of passengers, baggage, mail, and cargo.
``(C) Exclusions.--Such terms shall not include any
uses of an airport that are not described in
subparagraph (A) or (B), including any aviation-related
uses that do not need to be located on an airport, such
as flight kitchens and airline reservation centers.''.
SEC. 623. BUCKEYE 940 RELEASE OF DEED RESTRICTIONS.
(a) Purpose.--The purpose of this section is to authorize the
Secretary to issue a Deed of Release from all terms, conditions,
reservations, restrictions, and obligations contained in the Quitclaim
Deed and permit the State of Arizona to deposit all proceeds of the
disposition of Buckeye 940 in the appropriate fund for the benefit of
the beneficiaries of the Arizona State Land Trust.
(b) Definitions.--In this section:
(1) Buckeye 940.--The term ``Buckeye 940'' means all of
section 12, T.1 N., R.3 W. and all of adjoining fractional
section 7, T.1 N., R.2 W., Gila and Salt River Meridian,
Arizona, which property was the subject of the Quitclaim Deed
between the United States and the State of Arizona, dated July
11, 1949, and which is currently owned by the State of Arizona
and held in trust for the beneficiaries of the Arizona State
Land Trust.
(2) Quitclaim deed.--The term ``Quitclaim Deed'' means the
Quitclaim Deed between the United States and the State of
Arizona, dated July 11, 1949.
(c) Release of Any and All Interest in Buckeye 940.--
(1) In general.--Notwithstanding any other provision of
law, the United States, acting through the Secretary, shall
issue to the State of Arizona a Deed of Release to release all
terms, conditions, reservations, restrictions, and obligations
contained in the Quitclaim Deed, including any and all
reversionary interest of the United States in Buckeye 940.
(2) Terms and conditions.--The Deed of Release described in
paragraph (1) shall be subject to such additional terms and
conditions, consistent with such paragraph, as the Secretary
considers appropriate to protect the interests of the United
States.
(3) No restriction on use of proceeds.--Notwithstanding any
other provision of law, the State of Arizona may dispose of
Buckeye 940 and any proceeds thereof, including proceeds
already collected by the State and held in a suspense account,
without regard to any restriction imposed by the Quitclaim Deed
or by section 155.7 of title 14, Code of Federal Regulations.
(4) Mineral reservation.--The Deed of Release described in
paragraph (1) shall include the release of all interests of the
United States to the mineral rights on Buckeye 940 included in
the Quitclaim Deed.
SEC. 624. CLARIFYING AIRPORT REVENUE USE OF LOCAL GENERAL SALES TAXES.
(a) Written Assurances on Revenue Use.--Section 47107(b) of title
49, United States Code, is amended by adding at the end the following:
``(4) This subsection does not apply to local general sales
taxes as provided in section 47133(b)(4).''.
(b) Restriction on Use of Revenues.--Section 47133(b) of title 49,
United States Code, is amended by adding at the end the following:
``(4) Local general sales taxes.--Subsection (a) shall not
apply to revenues from generally applicable sales taxes imposed
by a local government provided--
``(A) the local government had a generally
applicable sales tax that did not exclude aviation fuel
in effect prior to December 9, 2014;
``(B) the local government is not a sponsor of a
public airport; and
``(C) a large hub airport, which had more than
35,000,000 enplanements in calendar year 2021, is
located within the jurisdiction of the local
government.''.
SEC. 625. AIP HANDBOOK REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Associate Administrator for Airports of
the FAA, in consultation with the Governor of Alaska, shall identify
reasonable exceptions to the AIP Handbook to be implemented by the FAA
to meet unique regional circumstances and advance the safety needs of
airports in Alaska, including with respect to the following:
(1) Snow Removal Equipment Building (SREB) size and
configuration.
(2) Expansion of lease areas.
(3) Shared governmental use of airport equipment in remote
locations.
(4) Ensuring the resurfacing or reconstruction of legacy
runways to support--
(A) aircraft necessary to support critical health
needs of a community;
(B) remote fuel deliveries; and
(C) firefighting response.
(5) The use of runway end identifier lights at locations
throughout the State.
(b) Updates to AIP Handbook.--
(1) In general.--Not later than 60 days after the date on
which the Associate Administrator for Airports of the FAA
identifies reasonable exceptions under subsection (a), the
Administrator shall update the AIP Handbook to incorporate such
exceptions to meet the unique circumstances and safety needs of
airports in Alaska.
(2) Consultation.--The Administrator shall consult with the
Regional Administrator of the FAA Alaskan Region prior to
issuing the update to the AIP Handbook required by this
section.
SEC. 626. PFAS-RELATED RESOURCES FOR AIRPORTS.
(a) PFAS Replacement Program for Airports.--Not later than 90 days
after the date on which the Department of Defense approves a fluorine-
free firefighting agent to the Qualified Products' List for products
meeting Military Specification MIL-PRE-32725, dated January 12, 2023,
the Secretary shall establish a PFAS replacement program, in
consultation with the Administrator of the Environmental Protection
Agency, and subject to terms, conditions, and assurances acceptable to
the Secretary, to reimburse eligible airports for the reasonable and
appropriate costs associated with any of the following:
(1) The one-time initial acquisition by an eligible airport
of fluorine-free firefighting alternatives for--
(A) the capacity of all required aircraft rescue
and firefighting (ARFF) equipment listed in the most
recent FAA-approved Airport Certification Manual,
regardless of how the equipment was initially acquired;
and
(B) twice the quantity carried onboard each
required truck available in the fire station for the
eligible airport
(2) The disposal of per- or polyfluoroalkyl products,
including fluorinated aqueous film-forming agents, to the
extent such disposal is necessary to facilitate the transition
to an acceptable fluorine-free agent, including, but not
limited to, aqueous film-forming agents currently in fire-
fighting equipment, vehicles, and wastewater generated during
the cleaning of fire-fighting equipment and vehicles.
(3) Cleaning or disposal of existing equipment or
components thereof, to the extent such cleaning or disposal is
necessary to facilitate the transition to an acceptable
fluorine-free agent.
(4) Any equipment or components thereof necessary to
facilitate the transition to an acceptable fluorine-free agent.
(5) Replacement of aircraft rescue and firefighting (ARFF)
equipment as determined by the Secretary as necessary to be
replaced.
(b) Distribution of Funds.--
(1) Grants to replace arff vehicles.--
(A) In general.--The Secretary shall reserve up to
$30,000,000 of the amounts appropriated to carry out
the PFAS replacement program to make grants to each
eligible airport that is designated under part 139 as
an Index A airport and does not have existing
capabilities to produce fluorine-free foam, to replace
aircraft rescue and firefighting (ARFF) vehicles.
(B) Amount.--No grant made to an eligible airport
under subparagraph (A) shall exceed $2,000,000.
(2) Remainder.--
(A) Determination of need.--With respect to the
amount of firefighting foam concentrate required for
foam production commensurate with applicable aircraft
rescue and firefighting (ARFF) equipment required in
accordance with the most recent FAA-approved Airport
Certification Manual, the Secretary shall determine--
(i) the total amount of such concentrate
required for all of the Federally required
aircraft rescue and firefighting (ARFF)
vehicles that meet index requirements under
part 139 of each eligible airport, in gallons;
and
(ii) the total amount of nationwide
firefighting foam concentrate, in gallons.
(B) Determination of grant amounts.--From the
amounts appropriated to carry out the PFAS replacement
program that remain after the application of paragraph
(1), the Secretary shall make a grant to each eligible
airport of the amount equal to the product of--
(i) the amount of such remaining funds; and
(ii) the ratio of the amount determined
under subparagraph (A)(i) for such eligible
airport to the amount determined under
subparagraph (A)(ii).
(c) Program Requirements.--
(1) In general.--The Secretary shall determine the
eligibility of costs payable under the PFAS replacement program
by taking into account all engineering, technical, and
environmental protocols and generally accepted industry
standards that are developed or established for fluorine-free
foams.
(2) Compliance with applicable law.--All actions related to
the acquisition, disposal, and transition to fluorine-free
foams, including the cleaning and disposal of equipment, shall
be conducted in full compliance with all applicable Federal
laws in effect at the time of obligation in order to be
eligible for reimbursement under the PFAS replacement program.
(3) Government share.--The Government's share of allowable
costs under the PFAS replacement program shall be 100 percent.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated not
more than $350,000,000 to carry out the PFAS replacement
program.
(2) Requirements.--Amounts appropriated to carry out the
PFAS replacement program shall--
(A) remain available for expenditure for a period
of 5 fiscal years; and
(B) be available in addition to any other funding
available for similar purposes under any other Federal,
State, local, or Tribal program.
(e) Definitions.--In this section:
(1) Eligible airport.--The term ``eligible airport'' means
an airport holding an Airport Operating Certificate issued
under part 139.
(2) Part 139.--The term ``part 139'' means part 139 of
title 14, Code of Federal Regulations.
(3) PFAS replacement program.--The term ``PFAS replacement
program'' means the program established under subsection (a).
SEC. 627. PROGRESS REPORTS ON THE NATIONAL TRANSITION PLAN RELATED TO A
FLUORINE-FREE FIREFIGHTING FOAM.
(a) In General.--Not later than 180 days after the date of
enactment of this section, and every 180 days thereafter until the
progress report termination date described in subsection (c), the
Administrator, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of Defense, shall
submit to the appropriate committees of Congress a progress report on
the development and implementation of a national transition plan
related to a fluorine-free firefighting foam that meets the performance
standards referenced in chapter 6 of AC No: 150/5210-6D and is
acceptable under section 139.319(l) of title 14, Code of Federal
Regulations, for use at part 139 airports.
(b) Required Information.--Each progress report required by
subsection (a) shall include the following:
(1) An assessment of the progress made by the FAA with
respect to providing part 139 airports with--
(A) guidance from the Environmental Protection
Agency on acceptable environmental limits relating to
such fluorine-free firefighting foam;
(B) guidance from the Department of Defense on that
department's transition to a fluorine-free firefighting
foam;
(C) best practices for the decontamination of
existing aircraft rescue and firefighting vehicles,
systems, and other equipment used to deploy
firefighting foam at part 139 airports; and
(D) timelines for the release of policy and
guidance relating to part 139 airport implementation
plans for obtaining approved military specification
products and firefighting personnel training.
(2) A comprehensive list of the amount of rolling stock of
firefighting foam at each part 139 airport as of the date of
the submission of the progress report and the number of gallons
regularly kept in reserve at each such airport.
(3) An assessment of the progress made by the FAA with
respect to providing airports that are not part 139 airports
and local authorities with responsibility for inspection and
oversight with guidance described in subparagraphs (A) and (B)
of paragraph (1) as it relates to the use of fluorine-free
firefighting foam at such airports.
(4) Such other information as the Administrator determines
appropriate.
(c) Progress Report Termination Date.--For purposes of subsection
(a), the progress report termination date described in this subsection
is the date on which the Administrator notifies the appropriate
committees of Congress that development and implementation of the
national transition plan described in subsection (a) is complete.
(d) Definition.--In this section, the term ``part 139 airport''
means an airport certified under part 139 of title 14, Code of Federal
Regulations.
SEC. 628. REVIEW OF AIRPORT LAYOUT PLANS.
(a) In General.--Section 163 of the FAA Reauthorization Act of 2018
(49 U.S.C. 47107 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) [Reserved].''; and
(2) by striking subsection (b) and inserting the following:
``(b) [Reserved].''.
(b) Airport Layout Plan Approval Authority.--Section 47107 of title
49, United States Code, is amended--
(1) in subsection (a)(16)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) subject to subsection (x), the Secretary will
review and approve or disapprove the plan and any
revision or modification of the plan before the plan,
revision, or modification takes effect;''; and
(B) in subparagraph (C)(i), by striking
``subparagraph (B)'' and inserting ``subsection (x)'';
and
(2) by adding at the end the following new subsection:
``(x) Scope of the Secretary's Airport Layout Plan Review and
Approval Authority.--
``(1) Authority over projects on land acquired without
federal assistance.--For purposes of subsection (a)(16)(B),
with respect to any project proposed on land acquired by an
airport owner or operator without Federal assistance, the
Secretary may only review and approve or disapprove those
portions of the plan (or any subsequent revision to the plan)
that--
``(A) materially impact the safe and efficient
operation of aircraft at, to, or from the airport;
``(B) adversely affect the safety of people or
property on the ground as a result of aircraft
operations; or
``(C) adversely affect the value of prior Federal
investments to a significant extent.
``(2) Limitation on non-aeronautical review.--If only a
portion of a project proposed by an airport owner or operator
is subject to the Secretary's review and approval under
subsection (a)(16)(B), the Secretary shall not extend review
and approval authority to other non-aeronautical portions of
the project.
``(3) Notice.--
``(A) In general.--An airport owner or operator
shall submit to the Secretary a notice of intent to
proceed with a proposed project (or a portion thereof)
that is outside of the Secretary's review and approval
authority, as described in this subsection.
``(B) Failure to object.--If not later than 45 days
after receiving the notice of intent described in
subparagraph (A), the Secretary fails to object to such
notice, the proposed project (or portion thereof) shall
be deemed as being outside the scope of the Secretary's
review and approval authority under subsection
(a)(16)(B).''.
SEC. 629. NEPA PURPOSE AND NEED STATEMENTS.
(a) In General.--To the extent that the FAA is the lead Federal
agency for preparation of an environmental impact statement or an
environmental assessment under provisions of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) where an action or approval
from more than one Federal agency is required, the FAA shall develop
its draft purpose and need statement for the project not later than 45
days after--
(1) the submission of the airport sponsor's appropriately
completed proposed purpose and need description; and
(2) any appropriately completed proposed revision to a
development project that affects the purpose and need
description previously prepared or accepted by the FAA.
(b) Assistance.--The Administrator shall provide all airport
sponsors with technical assistance in drafting purpose and need
statements and necessary supporting documentation for projects
involving Federal approvals from more than one Federal agency.
SEC. 630. PASSENGER FACILITY CHARGE STREAMLINING.
(a) In General.--Section 40117 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as set forth in the streamlining
process described in subsection (l), the Secretary'';
(B) by striking paragraph (4);
(C) by redesignating paragraphs (5) through (7) as
paragraphs (4) through (6), respectively;
(D) in paragraph (5), as so redesignated--
(i) by striking ``paragraphs (1) and (4)''
and inserting ``paragraph (1)''; and
(ii) by striking ``paragraph (1) or (4)''
and inserting ``paragraph (1)''; and
(E) in paragraph (6)(A), as so redesignated--
(i) by striking ``paragraphs (1), (4), and
(6)'' and inserting ``paragraphs (1) and (5)'';
and
(ii) by striking ``paragraph (1) or (4)''
and inserting ``paragraph (1)'';
(2) in subsection (e)(1)--
(A) in subparagraph (A), by inserting ``, or a
passenger facility charge imposition is authorized
under subsection (l)'' after ``of this section''; and
(B) in subparagraph (B), by inserting
``reasonable'' after ``subject to''; and
(3) in subsection (l)--
(A) in the subsection heading, by striking ``Pilot
Program for Passenger Facility Charge Authorizations''
and inserting ``Passenger Facility Charge
Streamlining'';
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--The Secretary shall prescribe
regulations to streamline the process for authorizing eligible
agencies for airports to impose passenger facility charges. An
eligible agency may impose a passenger facility charge in
accordance with the provisions of this subsection instead of
using the procedures otherwise provided in this section.'';
(C) by striking paragraph (4) and inserting the
following:
``(4) Acknowledgment of receipt and indication of
objection.--
``(A) In general.--The Secretary shall acknowledge
receipt of the notice and indicate any objection to the
imposition of a passenger facility charge under this
subsection for any project identified in the notice
within 30 days after receipt of the eligible agency's
notice.
``(B) Prohibited objection.--The Secretary may not
object to an eligible airport-related project that
received Federal financial assistance for airport
development, terminal development, airport planning, or
for the purposes of noise compatibility, provided that
the Federal financial assistance and passenger facility
charge collection (including interest and other returns
on the revenue) does not exceed the total cost of the
project.
``(C) Allowed objection.--The Secretary may only
object to the imposition of a passenger facility charge
under this subsection for a project that--
``(i) establishes significant policy
precedent;
``(ii) raises significant legal issues;
``(iii) garners significant controversy, as
evidenced by significant opposition to the
proposed action by the applicant or other
airport authorities, airport users,
governmental agencies, elected officials, or
communities;
``(iv) raises significant revenue
diversion, airport noise, or access issues,
including compliance with section 47111(e) or
subchapter II of chapter 475 of title 49,
United States Code; or
``(v) includes multimodal components.'';
(D) by striking paragraph (6); and
(E) by redesignating paragraph (7) as paragraph
(6).
(b) Rulemaking.--Not later than 120 days after the date of
enactment of this section, the Administrator shall commence a
rulemaking to implement the amendments made by subsection (a).
(c) Interim Guidance.--The interim guidance established in FAA
Memorandum ``PFC 73-20. Streamlined Procedures for Passenger Facility
Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub
Airports.'' (issued January 22, 2020), as modified by subsection (a),
shall remain in effect until the effective date of the final rule
promulgated under subsection (b).
SEC. 631. USE OF PASSENGER FACILITY CHARGES FOR NOISE BARRIERS.
Section 40117(a)(3) of title 49, United States Code, is amended by
adding at the end the following:
``(H) A project at a small hub airport for a noise
barrier where the day-night average sound level from
commercial, general aviation, or cargo operations is
expected to exceed 55 decibels as a result of new
airport development.''.
SEC. 632. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY.
Not later than 60 days after the date of enactment of this section,
the Administrator shall establish a process to collaborate with the
Director of the National Weather Service to expedite the Automated
Surface Observing Systems (ASOS) and the Service Life Extension Program
(SLEP) and ensure adequate spare parts and personnel are available for
timely response to outages.
SEC. 633. INFRASTRUCTURE INVESTMENT AND JOBS ACT IMPLEMENTATION.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall distribute
administrative funding to assist States participating in the State
block grant program in accordance with section 47128 of title 49,
United States Code, with program implementation of airport
infrastructure projects under the Infrastructure Investment and Jobs
Act (Public Law 117-58).
(b) Funding Source.--Administrative funds to States under this
section shall be distributed from the funds made available in the
Infrastructure Investment and Jobs Act for personnel, contracting, and
other costs to administer and oversee grants of the Airport
Infrastructure Grants, Contract Tower Competitive Grant Program, and
Airport Terminal Program.
(c) Administrative Funds.--With respect to administrative funds
made available for fiscal years 2022 through 2026--
(1) the amount of administrative funds available for
distribution under subsection (b) shall be an amount equal to a
percentage determined by the Secretary, but not less than 2
percent, of the annual allocations provided under the heading
``airport infrastructure grants'' under the heading ``Federal
Aviation Administration'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58; 135
Stat. 1416) to non-primary airports participating in the
State's block grant program each fiscal year of the Airport
Infrastructure Grant program;
(2) administrative funds distributed under subsection (b)
shall be used by such States to--
(A) administer and oversee, as outlined in the
Memorandum of Agreement or current agreements between
the FAA and the State, all airport grant program funds
provided under the Infrastructure Investment and Jobs
Act to non-primary airports participating in the
State's block grant program, whether through direct
allocation or through competitive selection; and
(B) carry out the public purposes of supporting
eligible and justified airport development and
infrastructure projects as provided in the
Infrastructure Investment and Jobs Act; and
(3) except as provided in subsection (d), such
administrative funds shall be distributed to such States
through a cooperative agreement executed between the State and
the FAA not later than December 1 of each fiscal year in which
the Infrastructure Investment and Jobs Act provides airport
grant program funds.
(d) Initial Distribution.--With respect to administrative funds
made available for fiscal years 2022 and 2023, funds available as of
the date of enactment of this section shall be distributed to such
States through a cooperative agreement executed between the State and
the FAA not later than 30 days after such date of enactment.
SEC. 634. REPORT ON AIRPORT NOTIFICATIONS.
Not later than 90 days after the date of enactment of this section,
the Administrator shall submit to the appropriate committees of
Congress a report on the FAA's progress with respect to--
(1) collecting more accurate data in notices of
construction, alteration, activation, and deactivation of
airports as required under part 157 of title 14, Code of
Federal Regulations; and
(2) making the database under part 157 of title 14, Code of
Federal Regulations, more accurate and useful for aircraft
operators, particularly for helicopter and rotary wing type
aircraft operators.
SEC. 635. COASTAL AIRPORTS RESILIENCY STUDY.
(a) Study.--The Administrator shall work with the Administrator of
the National Oceanic and Atmospheric Administration and the United
States Army Corps of Engineers to identify best practices for, and
study the feasibility of, improving resiliency of airports in coastal
or flood-prone areas.
(b) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator shall submit to Congress a report
describing the results of the study conducted under subsection (a),
together with such recommendations for legislation or administrative
action as the Administrator determines appropriate.
SEC. 636. SURVEY OF POWER DISTRIBUTION CAPACITY.
Section 47140(a) of title 49, United States Code, is amended by
inserting ``power distribution capacity and location,'' after ``back-up
power,''.
SEC. 637. STUDY ON COMPETITION AND AIRPORT ACCESS.
Not later than 180 days after the date of enactment of this
section, the Secretary shall report to the appropriate committees of
Congress--
(1) specific actions the Secretary and the Administrator,
using existing legal authority, can take to expand access for
lower cost passenger air carriers to capacity constrained
airports in the United States, including, but not limited to,
New York John F. Kennedy International Airport (JFK) and New
York/Newark Liberty International Airport (EWR); and
(2) any additional legal authority the Secretary and the
Administrator require in order to make additional slots at JFK
and runway timings at EWR available to lower cost passenger air
carriers.
SEC. 638. REGIONAL AIRPORT CAPACITY STUDY.
(a) In General.--Not later than 90 days after the date of enactment
of this section, the Administrator shall initiate a study on the
following:
(1) Existing FAA policy and guidance that govern the siting
of new airports or the transition of general aviation airports
to commercial service.
(2) Ways that existing regulations and policies could be
streamlined to facilitate the development of new airport
capacity, particularly in high-demand air travel regions
looking to invest in new airport capacity.
(3) Whether Federal funding sources (existing as of the
date of enactment of this section) that are authorized by the
Secretary could be used for such purposes.
(4) Whether such Federal funding sources meet the needs of
the national airspace system for adding new airport capacity
outside of the commercial service airports in operation as of
the date of enactment of this section.
(5) If such Federal funding sources are determined by the
Administrator to be insufficient for the purposes described in
this subsection, an estimate of the funding gap.
(b) Report.--Not later than 1 year after the date of enactment of
this section, the Administrator shall submit to the appropriate
committees of Congress a report on the results of the study conducted
under subsection (a), together with recommendations for such
legislative or administrative action as the Administrator determines
appropriate.
(c) Guidance.--Not later than 18 months after the date of enactment
of this section, the Administrator shall revise FAA guidance to
incorporate the findings of the study conducted under subsection (a) to
assist airports and State and local departments of transportation in
increasing airport capacity to meet regional air travel demand.
SEC. 639. STUDY ON AUTONOMOUS AND ELECTRIC-POWERED TRACK SYSTEMS.
(a) Study.--The Administrator shall conduct a study to develop a
standard for autonomous and electric-powered track systems that--
(1) are located underneath the pavement at an airport; and
(2) allow a transport category aircraft to taxi without the
use of the main engines of the aircraft.
(b) Report.--Not later than 2 years after the date of enactment of
this section, the Administrator shall submit to the appropriate
committees of Congress a report detailing the results of the study
conducted under subsection (a), together with recommendations for such
legislation and administrative action as the Administrator determines
appropriate.
SEC. 640. SPECIAL RULE FOR RECLASSIFICATION OF CERTAIN UNCLASSIFIED
AIRPORTS.
(a) Request for Reclassification.--
(1) In general.--Not later than September 30, 2024, a
privately owned reliever airport (as defined in section 47102
of title 49, United States Code) that is identified as
unclassified in the National Plan of Integrated Airport
Systems, 2023-2027 (as published under section 47103 of title
49, United States Code) may submit to the Secretary a request
to reclassify the airport according to the criteria used to
classify a public airport.
(2) Required information.--In submitting a request under
paragraph (1), the privately owned reliever airport shall
include the following information:
(A) A sworn statement and accompanying
documentation that demonstrates how the airport would
satisfy the requirements of FAA Order 5090.5, titled
``Formulation of the NPIAS and ACIP'', (or any
successor guidance) to be classified as ``Local'' or
``Basic'' if the airport was publicly owned.
(B) A report that--
(i) identifies the role of the airport to
the aviation system; and
(ii) describes the long-term fiscal
viability of the airport based on demonstrated
aeronautical activity and associated revenues
relative to ongoing operating and maintenance
costs.
(b) Eligibility Review.--
(1) In general.--Not later than 60 days after receiving a
request from a privately owned reliever airport under
subsection (a), the Secretary shall perform an eligibility
review with respect to the airport, including an assessment of
the airport's safety, security, capacity, access, compliance
with Federal grant assurances, and protection of natural
resources and the quality of the environment, as prescribed by
the Secretary.
(2) Public sponsor.--In performing the eligibility review
under paragraph (1), the Secretary--
(A) may require the airport requesting
reclassification to provide information regarding the
outlook (whether positive or negative) for transferring
the airport to a public sponsor; and
(B) may not require the airport to obtain a public
sponsor.
(c) Reclassification by the Secretary.--
(1) In general.--Not later than 60 days after receiving a
request from a privately owned reliever airport under
subsection (a)(1), the Secretary shall grant such request if
the following criteria are met:
(A) The request includes the required information
under subsection (a)(2).
(B) The privately owned reliever airport, to the
satisfaction of the Secretary passes the eligibility
review performed under subsection (b).
(2) Corrective action plan.--
(A) In general.--With respect to a privately owned
reliever airport that does not, to the satisfaction of
the Secretary, pass the eligibility review performed
under subsection (b), the Secretary shall provide
notice of disapproval to such airport not later than 60
days after receiving the request under subsection
(a)(1), and such airport may resubmit to the Secretary
a reclassification request along with a corrective
action plan that--
(i) resolves any shortcomings identified in
such eligibility review; and
(ii) proves that any necessary corrective
action has been completed by the airport.
(B) Evaluation.--Not later than 60 days after
receiving a corrective action plan under subparagraph
(A), the Secretary shall grant the reclassification
request of any privately owned reliever airport if such
airport submit such corrective action plan to the
satisfaction of the Secretary.
(d) Effective Date.--The reclassification of any privately owned
reliever airport under this section shall take effect not later than--
(1) fiscal year 2025 for any request granted under
subsection (c)(1); and
(2) fiscal year 2026 for any request granted after the
submission of a corrective action plan under subsection (c)(2).
SEC. 641. GENERAL AVIATION AIRPORT RUNWAY EXTENSION PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, as amended by section 611(a), is amended by adding at the
end the following new section:
``Sec. 47147. General aviation program runway extension pilot program.
``(a) Establishment.--Not later than 120 days after the date of
enactment of this section, the Secretary of Transportation shall
establish a pilot program to provide grants to general aviation
airports to increase usable the runway length capability at such
airports in order to--
``(1) expand access to such airports for larger aircraft;
and
``(2) support the development and economic viability of
such airports.
``(b) Grants.--
``(1) In general.--For the purpose of carrying out the
pilot program established in subsection (a), the Secretary
shall make grants to not more than 2 sponsors of general
aviation airports per fiscal year.
``(2) Use of funds.--A sponsor of a general aviation
airport shall use a grant awarded under this section to plan,
design, or construct a project to extend an existing primary
runway by not greater than 1,000 feet to a sufficient length to
accommodate large turboprop or turbojet aircraft that cannot be
accommodated with the existing runway length.
``(3) Eligibility.--To be eligible to receive a grant under
this section, a sponsor of a general aviation airport shall
submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary may
require.
``(4) Selection.--In selecting an applicant for a grant
under this section, the Secretary shall prioritize projects
that demonstrate that the existing runway length at the airport
is--
``(A) inadequate to support the near-term
operations of 1 or more business entities operating at
the airport as of the date of submission of such
application;
``(B) a direct aircraft operational impediment to
airport economic viability, job creation or retention,
or local economic development; and
``(C) not located within 20 miles of another
National Plan of Integrated Airport Systems airport
with comparable runway length.
``(c) Project Justification.--A project that demonstrates the
criteria described in subsection (b) shall be considered a justified
cost with respect to the pilot program, notwithstanding--
``(1) any benefit-cost analysis required under section
47115(d) of title 49, United States Code; or
``(2) a project justification determination described in
section 3 of chapter 3 of FAA Order 5100.38D, Airport
Improvement Program Handbook (dated September 30, 2014).
``(d) Federal Share.--The Government's share of allowable project
costs for a project carried out with a grant under this section shall
be the Government's share of allowable project costs specified under
section 47109.
``(e) Report to Congress.--Not later than 5 years after the
establishment of the pilot program under subsection (a), the Secretary
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that evaluates the pilot program,
including--
``(1) information regarding the level of applicant interest
in grants for increasing runway length;
``(2) the number of large aircraft that accessed each
general aviation airport that received a grant under the pilot
program in comparison to the number of such aircraft that
accessed the airport prior to the date of enactment of this
Act, based on data provided by the airport sponsor to the
Secretary not later than 6 months prior to the due date of such
report to Congress; and
``(3) a description, provided by the airport sponsor to the
Secretary not later than 6 months prior to the due date of such
report to Congress, of the economic development opportunities
supported by increasing the runway length at general aviation
airports.
``(f) Funding.--
``(1) In general.--For each of fiscal years 2024 through
2028, the Secretary may use funds made available under section
48103 to carry out this section.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
471 of such title, as amended by section 611(b), is amended by
inserting after the item relating to section 47146 the following:
``47147. General aviation airport runway extension pilot program.''.
TITLE VII--AIR SERVICE IMPROVEMENTS
Subtitle A--Consumer Enhancements
SEC. 701. ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION.
(a) Extension.--Section 411(h) of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking
``2023'' and inserting ``2028''.
(b) Additional Members.--Section 411(b) of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) foreign air carriers; and
``(6) nonprofit public interest groups with expertise in
disability and accessibility matters.''.
SEC. 702. UNREALISTIC OR DECEPTIVE SCHEDULING.
(a) In General.--Section 41712 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(d) Unrealistic or Deceptive Scheduling.--It shall be an unfair
or deceptive practice and an unfair method of competition under
subsection (a) for any air carrier or foreign air carrier providing
scheduled passenger air transportation to engage in unrealistic or
deceptive scheduling of flights, as determined by the Secretary of
Transportation subject to an investigation and finding, if any, that an
air carrier or foreign air carrier engaged in the unrealistic or
deceptive scheduling of flights.''.
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary under section
41712(a) of title 49, United States Code, or the ability of the
Secretary to act pursuant to the authority under section 399.81 of
title 14, Code of Federal Regulations, with respect to any activity of
an air carrier or foreign air carrier that occurred prior to the date
of enactment of subsection (d) of section 41712 of such title 49, as
added by subsection (a) of this section.
(c) Aviation Consumer Protection Advisory Committee
Recommendations.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall require the
Aviation Consumer Protection Advisory Committee to provide to
the Secretary recommendations regarding the types of practices
or circumstances that qualify as unrealistic or deceptive
scheduling of flights, including whether scheduling flights in
light of technological deficiencies or workforce shortcomings
that were known to an air carrier or foreign air carrier at the
time of such scheduling qualifies as unrealistic or deceptive
scheduling.
(2) Rulemaking.--Not later than 90 days after receiving the
recommendations under paragraph (1), the Secretary shall
initiate a rulemaking to implement any such recommendations
determined appropriate by the Secretary.
SEC. 703. REFUNDS.
(a) In General.--Chapter 423 of title 49, United States Code, is
amended by inserting after section 42304 the following:
``Sec. 42305. Refunds for cancelled or significantly delayed or changed
flights
``(a) In General.--In the case of a passenger that holds a
nonrefundable ticket on a scheduled flight to, from, or within the
United States, an air carrier or a foreign air carrier shall, upon
request of the passenger, promptly provide a full refund, including any
taxes and ancillary fees, for the fare such carrier collected for any
cancelled flight or significantly delayed or changed flight where the
passenger chooses not to--
``(1) fly on the significantly delayed or changed flight or
accept rebooking on an alternative flight; or
``(2) accept any voucher, credit, or other form of
compensation offered by the air carrier or foreign air carrier
pursuant to subsection (c).
``(b) Timing of Refund.--Any refund required under subsection (a)
shall be issued by the air carrier or foreign air carrier--
``(1) in the case of a ticket purchased with a credit card,
not later than 7 business days after the request for the
refund; or
``(2) in the case of a ticket purchased with cash or
another form of payment, not later than 20 days after the
request for the refund.
``(c) Alternative to Refund.--An air carrier and a foreign air
carrier may offer a voucher, credit, or other form of compensation as
an alternative to providing a refund required by subsection (a) but
only if the offer includes a clear and conspicuous notice of--
``(1) the terms of the offer; and
``(2) the passenger's right to a full refund under this
section.
``(d) Significantly Delayed or Changed Flight.--In defining
`significantly delayed or changed flight' for purposes of this section,
the Secretary shall ensure that such term includes, at a minimum, a
flight where the passenger arrives at a destination airport--
``(1) in the case of a domestic flight, 3 or more hours
after the original scheduled arrival time; and
``(2) in the case of an international flight, 6 or more
hours after the original scheduled arrival time.
``(e) Application to Ticket Agents.--Not later than 1 year after
the date of enactment of this section, the Secretary of Transportation
shall issue a final rule to apply refund requirements to ticket agents
in the case of cancelled flights and significantly delayed or changed
flights.
``Sec. 42306. Refund portal
``(a) In General.--Not later than the date that is 270 days after
the date of enactment of this section, the Secretary of Transportation
shall require covered entities to prominently display at the top of the
homepage of the covered entity's public internet website a link that
passengers eligible for a refund may use to request a refund.
``(b) Covered Entity Defined.--In this subsection, the term
`covered entity' means--
``(1) an air carrier or foreign air carrier that provides
scheduled passenger air transportation by operating an aircraft
that as originally designed has a passenger capacity of 30 or
more seats; and
``(2) a ticket agent that sells scheduled passenger service
on an aircraft that as originally designed has a passenger
capacity of 30 or more seats.''.
(b) Clerical Amendment.--The analysis for chapter 423 of title 49,
United States Code, is amended by inserting after the item relating to
section 42304 the following:
``42305. Refunds for cancelled or significantly delayed or changed
flights.
``42306. Refund Portal.''.
SEC. 704. AIRLINE PASSENGER RIGHTS TRANSPARENCY ACT.
(a) Findings.--Congress finds the following:
(1) Air travel is an essential part of modern life, and
passengers have certain rights and protections under the law.
(2) Passengers are often not aware of such rights and
protections under the law.
(3) To address this problem, airports, air carriers, and
foreign air carriers must provide clear and concise information
regarding passenger rights in a manner that is easily
accessible and understandable to all passengers.
(b) Transparency Requirements.--
(1) Consumer complaints.--Section 42302 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(f) Notice to Passengers on Electronic Flight Itinerary Ticket
Confirmation.--Each air carrier and foreign air carrier shall provide
on any electronic flight itinerary ticket confirmation issued by the
carrier a link to the Aviation Consumer Protection website and the Air
Travel Service Complaint or Comment Form website of the Department of
Transportation.''.
(2) Know your rights posters.--
(A) In general.--Chapter 423 of title 49, United
States Code, as amended by section 703(a), is amended
by inserting after section 42306 the following:
``Sec. 42307. Know your rights posters
``(a) In General.--Each large hub airport, medium hub airport, and
small hub airport (as such terms are defined in section 40102) with
scheduled passenger service shall prominently display posters that
clearly and concisely outline the rights of airline passengers under
Federal law with respect to, at a minimum--
``(1) flight delays and cancellations;
``(2) refunds;
``(3) bumping of passengers from flights and the oversale
of flights; and
``(4) lost, delayed, or damaged baggage.
``(b) Location.--Such posters shall be displayed in conspicuous
locations throughout the airport, including ticket counters, security
checkpoints, and boarding gates.''.
(B) Clerical amendment.--The analysis for chapter
423 of title 49, United States Code, as amended by
section 703(b), is amended by inserting after the item
relating to section 42306 the following:
``42307. Know your rights posters.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 1 year after the date of
enactment of this section.
SEC. 705. DISCLOSURE OF ANCILLARY FEES.
(a) Flexibility.--
(1) In general.--In determining whether a practice is an
unfair or deceptive practice under section 41712 of title 49,
United States Code, with respect to the disclosure of ancillary
fees, the Secretary, shall provide air carriers, foreign air
carriers, and ticket agents with the flexibility to develop the
manner in which such information is transmitted to consumers as
long as such information (consistent with the objective of
assuring that consumers are provided with useable, current, and
accurate information on critical ancillary fees in a format
that the consumer can easily compare multiple flight options)
is--
(A) presented to the consumer in a reasonable and
transparent manner prior to booking; and
(B) displayed in a format that assists the consumer
in making more informed decisions.
(2) Critical ancillary fees defined.--For purposes of
paragraph (1), the term ``critical ancillary fees'' means--
(A) fees for--
(i) the first and second checked bag of an
airline passenger;
(ii) one carry-on bag of an airline
passenger;
(iii) changing or canceling a reservation;
and
(iv) adjacent seating when traveling with a
child that is 13 years of age or younger; and
(B) any other fees for ancillary services that are
identified by the Secretary in the rule finalizing the
proposed rule published by the Secretary on March 3,
2023, and titled ``Enhancing Transparency of Airline
Ancillary Service Fees'' (88 Fed. Reg. 13389) as being
critical to consumers in choosing among air
transportation options.
(b) Ticket Agents.--The Secretary shall not find that a ticket
agent is out of compliance with a requirement in the final rule
described in subsection (a)(2)(B) with respect to the disclosure of
critical ancillary fees if the Secretary determines that such
noncompliance is due to the failure of an air carrier or foreign air
carrier to provide the ticket agent with the information required to
comply with such requirement.
SEC. 706. ACCESS TO CUSTOMER SERVICE ASSISTANCE FOR ALL TRAVELERS.
(a) Findings.--Congress finds the following:
(1) In the event of a cancelled or delayed flight, it is
important for customers to be able easily access information
about the status of their flight and any alternative flight
options.
(2) During a period of mass cancellations, customers may be
unable to easily connect, either in-person or through a toll-
free customer service phone number, with a customer service
representative of an air carrier.
(3) While many air carriers have robust online and smart
phone application chat resources, many customers may not have
access to those resources, and customers often have time-
sensitive questions that cannot be answered through an
automated service or website.
(4) Not all customers of air carriers are able to easily
use online and chat resources.
(5) Customers should be able to access real-time assistance
from customer service agents of air carriers without an
excessive wait time, particularly during times of mass
disruptions.
(b) Transparency Requirements.--
(1) Consumer complaints.--Section 42302 of title 49, United
States Code, as amended by section 704(b), is amended by adding
at the end the following new subsection:
``(g) Notice to Passengers on Electronic Flight Itinerary Ticket
Confirmation.--Each air carrier and foreign air carrier shall provide
on any electronic flight itinerary ticket confirmation issued by the
carrier a link to the Aviation Consumer Protection website and the Air
Travel Service Complaint or Comment Form website of the Department of
Transportation.''.
(2) Requirement to maintain a live customer chat or
monitored text messaging number.--
(A) In general.--Chapter 423 of title 49, United
States Code, as amended by section 704(b), is amended
by inserting after section 42307 the following:
``Sec. 42308. Requirement to maintain a live customer chat or monitored
text messaging number
``(a) Requirement.--
``(1) In general.--A covered air carrier that operates a
domestic or international flight to, from, or within the United
States shall, in addition to maintaining a toll-free customer
service telephone line, maintain a live customer chat or
monitored text messaging number that enables customers to speak
to a live agent directly.
``(2) Provision of services.--The services required under
subsection (a) shall be provided to customers without charge
for the use of such services, and shall be available in real
time and on a 24 hour/7 days a week basis.
``(b) Rulemaking Authority.--The Secretary shall promulgate such
rules as may be necessary to carry out this section.
``(c) Covered Air Carrier Defined.--In this section, the term
`covered air carrier' means an air carrier that provides scheduled
passenger air transportation by operating an aircraft that as
originally designed has a passenger capacity of 30 or more seats.
``(d) Effective Date.--Beginning on the date that is 120 days after
the date of enactment of this section, a covered air carrier shall
comply with the requirement specified in subsection (b) without regard
to whether the Secretary has promulgated any rules to carry out this
section as of the date that is 120 days after such date of
enactment.''.
(B) Clerical amendment.--The analysis for chapter
423 of title 49, United States Code, as amended by
section 704(b), is amended by inserting after the item
relating to section 42307 the following:
``42308. Requirement to maintain a live customer chat or monitored text
messaging number.''.
SEC. 707. FREQUENT FLYER PROGRAMS AND VOUCHERS.
(a) In General.--Chapter 423 of title 49, United States Code, as
amended by section 706(b), is amended by inserting after section 42308
the following new section:
``Sec. 42309. Frequent flyer programs
``(a) Reduction in Benefits.--An air carrier may not reduce or
devalue the benefits, rewards, points, or other accrued value of an
existing account holder of a frequent flyer program unless the air
carrier provides such account holder not less than 90 days notice of
such reduction or devaluation.
``(b) Expiration of Benefits.--
``(1) Initial notification.--Upon the issuance of any
flight voucher or flight credit, an air carrier or ticket
agent, where applicable, shall notify the recipient of such
voucher or credit of the expiration date of the voucher or
credit.
``(2) Subsequent notification.--Not less than 30 days
before the expiration date of any flight voucher or flight
credit issued by an air carrier or ticket agent, the air
carrier or ticket agent shall make a reasonable attempt to
notify the recipient of such voucher or credit of the
expiration date of the voucher or credit.
``(c) Definition of Frequent Flyer Program.--In this section, the
term `frequent flyer program' means a program in which an air carrier
promises or offers benefits, rewards, points, or other accrued value
for tickets purchased from the air carrier.''.
(b) Clerical Amendment.--The analysis for chapter 423 of such
title, as amended by section 706(b), is amended by inserting after the
item relating to section 42308 the following:
``42309. Frequent flyer programs.''.
SEC. 708. AIRLINE CUSTOMER SERVICE DASHBOARDS.
(a) Dashboards.--
(1) In general.--Chapter 423 of title 49, United States
Code, as amended by section 707(a), is amended by inserting
after section 42309 the following:
``Sec. 42310. DOT airline customer service dashboards
``(a) Requirement to Establish and Maintain Publicly Available
Dashboards.--The Secretary of Transportation (in this section referred
to as the `Secretary') shall establish, maintain, and make publicly
available, the following online dashboards for purposes of keeping
aviation consumers informed with respect to certain policies of, and
services provided by, large air carriers (as defined by the Secretary)
to the extent that such policies or services exceed what is required by
Federal law:
``(1) Delay and cancellation dashboard.--A dashboard that
displays information regarding the services and compensation
provided by each large air carrier to mitigate any passenger
inconvenience caused by a delay or cancellation due to
circumstances in the control of such carrier. The website on
which such dashboard is displayed shall explain the
circumstances under which a delay or cancellation is not due to
circumstances in the control of the large air carrier (such as
a delay or cancellation due to a weather event or an
instruction from the Federal Aviation Administration Air
Traffic Control System Command Center).
``(2) Family seating dashboard.--A dashboard that displays
information regarding which large air carriers guarantee that
each child shall be seated adjacent to an adult accompanying
the child without charging any additional fees.
``(3) Seat size dashboard.--A dashboard that displays
information regarding aircraft seat size for each large air
carrier, including the pitch, width, and length of a seat in
economy class for the aircraft models and configurations most
commonly flown by such carrier.
``(b) Bureau of Transportation Statistics.--
``(1) ATCSCC delays.--Not later than 30 days after the date
of enactment of this section, the Director of the Bureau of
Transportation Statistics shall update the reporting framework
of the Bureau to create a new `cause of delay' category that
identifies and tracks information on delays and cancellations
of air carriers (as defined in section 40102) that are due to
instructions from the Federal Aviation Administration Air
Traffic Control System Command Center.
``(2) Family seating complaints.--Not later than 30 days
after the date of enactment of this section, the Director of
the Bureau of Transportation Statistics shall update the
reporting framework of the Bureau to create a new category to
identify and track information on complaints related to family
seating.
``(c) Air Travel Consumer Report.--
``(1) ATCSCC delays.--Not later than 30 days after the date
on which the Director of the Bureau of Transportation
Statistics updates the reporting framework under subsection
(b)(1), the Secretary shall include information on delays and
cancellations that are due to instructions from the Federal
Aviation Administration Air Traffic Control System Command
Center in the Air Travel Consumer Report issued by the Office
of Aviation Consumer Protection of the Department of
Transportation.
``(2) Family seating complaints.--Not later than 30 days
after the date on which the Director of the Bureau of
Transportation Statistics updates the reporting framework under
subsection (b)(2), the Secretary shall include information on
complaints related to family seating in the Air Travel Consumer
Report issued by the Office of Aviation Consumer Protection of
the Department of Transportation and on the family seating
dashboard required by subsection (a)(2).
``(d) Provision of Information.--Each large air carrier shall
provide to the Secretary such information as the Secretary requires to
carry out this section.''.
(2) Establishment.--The Secretary shall establish each of
the online dashboards required by section 42310(a) of title 49,
United States Code, not later than 30 days after the date of
enactment of this section.
(b) Clerical Amendment.--The analysis for chapter 423 of title 49,
United States Code, as amended by section 707(b), is amended by
inserting after the item relating to section 42309 the following:
``42310. DOT airline customer service dashboards.''.
SEC. 709. ANNUAL BRIEFINGS ON DISRUPTIONS OF PASSENGER AIR
TRANSPORTATION AND PERIODS OF MASS CANCELLATIONS OF
SCHEDULED FLIGHTS.
Section 106(g) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Annually, (and more frequently as needed) brief the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the following:
``(A) The efforts, activities, objectives, and
plans of the Administration in continuing to address
ongoing concerns about passenger protections during
operational meltdowns of air carriers and foreign air
carriers.
``(B) The efforts of the Administration to engage
with Congress and the public on issues related to
operational meltdowns of air carriers and foreign air
carriers.''.
SEC. 710. ENHANCING CHILD SAFETY.
(a) In General.--Not later than 2 years after the date of enactment
of this section, the Administrator shall issue new or revised guidance
that provides testing standards to allow for the use of a child
restraint system on a covered aircraft that meets such testing
standards, without regard to whether such child restraint system also
meets the standards set forth in section 571.213 of title 49, Code of
Federal Regulations.
(b) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft that, as originally designed, has a
passenger capacity of 30 or more seats.
SEC. 711. CODIFICATION OF CONSUMER PROTECTION PROVISIONS.
(a) Section 429 of the FAA Reauthorization Act of 2018.--
(1) In general.--Section 429 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 42301 note prec.) is amended--
(A) by transferring such section to appear after
section 41726 of title 49, United States Code;
(B) by redesignating such section as section 41727
of such title 49; and
(C) by amending the section heading of such section
to read as follows:
``Sec. 41727. Passenger Rights''.
(2) Technical amendment.--Section 41727 of title 49, United
States Code, as transferred and redesignated by paragraph (1),
is amended, in subsection (a), by striking ``Not later than 90
days after the date of enactment of this Act, the Secretary''
and inserting ``The Secretary''.
(b) Section 434 of the FAA Reauthorization Act of 2018.--
(1) In general.--Section 434 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 41705 note) is amended--
(A) by transferring such section to appear after
section 41727 of title 49, United States Code, as
transferred and redesignated by subsection (a)(1);
(B) by redesignating such section 434 as section
41728 of such title 49; and
(C) by amending the section heading of such section
41728 to read as follows:
``Sec. 41728. Airline passengers with disabilities bill of rights''.
(2) Technical amendment.--Section 41728 of title 49, United
States Code, as transferred and redesignated by paragraph (1),
is amended--
(A) in subsection (a), by striking ``the section
41705'' and inserting ``section 41705'';
(B) in subsection (c), by striking ``the date of
enactment of this Act'' and inserting ``the date of
enactment of the FAA Reauthorization Act of 2018''; and
(C) in subsection (f), by striking ``ensure
employees'' and inserting ``ensure that employees''.
(c) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, is amended by adding at the end the following:
``41727. Passenger rights.
``41728. Airline passengers with disabilities bill of rights.''.
SEC. 712. GAO STUDY ON COMPETITION AND CONSOLIDATION IN THE AIR CARRIER
INDUSTRY.
(a) Study.--The Comptroller General shall conduct a study assessing
competition and consolidation in the United States air carrier
industry. Such study shall include an assessment of--
(1) the history of mergers in the United States air carrier
industry, including whether any claimed efficiencies have been
realized;
(2) the effect of consolidation in the United States air
carrier industry, if any, on consumers;
(3) the effect of consolidation in the United States air
carrier industry, if any, on air transportation service in
small and rural markets; and
(4) the current state of competition in the United States
air carrier industry as of the date of enactment of this
section.
(b) Report.--Not later than 1 year after the date of enactment of
this section, the Comptroller General shall submit to the appropriate
committees of Congress a report containing the results of the study
conducted under subsection (a), together with recommendations for such
legislation and administrative action as the Comptroller General
determines appropriate.
SEC. 713. GAO STUDY AND REPORT ON THE OPERATIONAL PREPAREDNESS OF AIR
CARRIERS FOR PREPARING FOR CHANGING WEATHER AND OTHER
EVENTS RELATED TO CHANGING CONDITIONS AND NATURAL
HAZARDS.
(a) Study.--
(1) In general.--The Comptroller General shall study and
assess the operational preparedness of air carriers for
preparing for changing weather and other events related to
changing conditions and natural hazards, including flooding,
extreme heat, changes in precipitation, storms, including
winter storms, coastal storms, tropical storms, and hurricanes,
and fire conditions.
(2) Requirements.--As part of the study required by
paragraph (1), the Comptroller General shall assess the
following:
(A) The extent to which air carriers are preparing
for weather events and natural disasters, as well as
changing conditions and natural hazards, that may
impact air carriers' operational investments, staffing
levels and safety policies, mitigation strategies, and
other resiliency planning.
(B) How the FAA oversees air carriers' operational
resilience to storms and natural disasters, as well as
changing conditions.
(C) Steps the Federal Government and air carriers
can take to improve their operational resilience to
storms and natural disasters, as well as changing
conditions.
(b) Briefing and Report.--
(1) Briefing.--Not later than 1 year after the date of
enactment of this section, the Comptroller General shall brief
the appropriate committees of Congress on the study required by
subsection (a), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate.
(2) Report.--Not later than 6 months after the briefing
required by paragraph (1) is provided, the Comptroller General
shall submit a report to the appropriate committees of Congress
on the study required by subsection (a), together with
recommendations for such legislation and administrative action
as the Comptroller General determines appropriate.
(c) Definition of Air Carrier.--In this section, the term ``air
carrier'' has the meaning given that term in section 40102 of title 49,
United States Code.
SEC. 714. INCREASE IN CIVIL PENALTIES.
(a) In General.--Section 46301(a) of title 49, United States Code,
is amended, in the matter preceding subparagraph (A), by striking
``$25,000'' and inserting ``$50,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to violations occurring on or after the date of enactment.
(c) Conforming Regulations.--The Secretary shall revise such
regulations as necessary to conform to the amendment made by subsection
(a).
SEC. 715. FAMILY SEATING.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall issue a notice of
proposed rulemaking to establish a policy directing air carriers that
assign seats, or allow individuals to select seats in advance of the
date of departure of a flight, to sit each young child adjacent to an
accompanying adult, to the greatest extent practicable, if adjacent
seat assignments are available at any time after the ticket is issued
for each young child and before the first passenger boards the flight.
(b) Prohibition on Fees.--The notice of proposed rulemaking
described in subsection (a) shall include a provision that prohibits an
air carrier from charging a fee, or imposing an additional cost beyond
the ticket price of the additional seat, to seat each young child
adjacent to an accompanying adult within the same class of service.
(c) Rule of Construction.--Notwithstanding the requirement in
subsection (a), nothing in this section may be construed to allow the
Secretary to impose a change in the overall seating or boarding policy
of an air carrier that has an open or flexible seating policy in place
that generally allows adjacent family seating as described under this
section.
(d) Young Child.--In this section, the term ``young child'' means
an individual who has not attained 14 years of age.
SEC. 716. ESTABLISHMENT OF OFFICE OF AVIATION CONSUMER PROTECTION.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``7'' and inserting ``8''; and
(B) in subparagraph (A), by striking ``and an
Assistant Secretary for Transportation Policy'' and
inserting ``an Assistant Secretary for Transportation
Policy, and an Assistant Secretary for Aviation
Consumer Protection''; and
(2) by adding at the end the following:
``(j) Office of Aviation Consumer Protection.--
``(1) Establishment.--There is established in the
Department an Office of Aviation Consumer Protection (referred
to in this subsection as the `Office') to administer and
enforce the aviation consumer protection and civil rights
authorities provided to the Department by statute, including
those under section 41712--
``(A) to assist, educate, and protect passengers;
``(B) to monitor compliance with, conduct
investigations relating to, and enforce, including by
taking appropriate action to address violations of,
aviation consumer protection, civil rights, and
aviation economic requirements; and
``(C) to promulgate, as appropriate, aviation
consumer protection and civil rights regulations.
``(2) Leadership.--The Office shall be headed by the
Assistant Secretary for Aviation Consumer Protection (referred
to in this subsection as the `Assistant Secretary').
``(3) Transition.--Not later than 180 days after the date
of enactment of this subsection, the Office of Aviation
Consumer Protection that is a unit within the Office of the
General Counsel of the Department which is headed by the
Assistant General Counsel for Aviation Consumer Protection,
shall cease to exist. The Department shall determine which
employees are necessary to fulfill the responsibilities of the
new Office of Aviation Consumer Protection and those employees
shall be transferred from the Office of the General Counsel as
appropriate to the newly established Office of Aviation
Consumer Protection. To the extent the Office of the General
Counsel retains any attorney or hires any new attorney to
advise the newly established Office of Aviation Consumer
Protection, those attorneys will be located in the remaining
offices within the Office of the General Counsel.
``(4) Coordination.--The Assistant Secretary shall
coordinate with the General Counsel appointed under subsection
(e)(1)(E), in accordance with section 1.26 of title 49, Code of
Federal Regulations (or a successor regulation), on all legal
matters relating to--
``(A) aviation consumer protection; and
``(B) the duties and activities of the Office
described in subparagraphs (A) through (C) of paragraph
(1).
``(5) Annual report.--The Assistant Secretary shall submit
to the Secretary, who shall submit to Congress and make
publicly available on the website of the Department, an annual
report that, with respect to matters under the jurisdiction of
the Department, or otherwise within the statutory authority of
the Department--
``(A) analyzes trends in aviation consumer
protection, civil rights, and licensing;
``(B) identifies major challenges facing
passengers; and
``(C) addresses any other relevant issues, as the
Assistant Secretary determines to be appropriate.
``(6) Funding.--There is authorized to be appropriated
$12,000,000 for fiscal year 2024, $13,000,000 for fiscal year
2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal
year 2027, and $16,000,000 for fiscal year 2028.''.
Subtitle B--Accessibility
SEC. 731. EXTENSION OF THE ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS
OF PASSENGERS WITH DISABILITIES.
Section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C.
41705 note) is amended by striking ``2023'' and inserting ``2028''.
SEC. 732. MODERNIZATION AND IMPROVEMENTS TO AIRCRAFT EVACUATION.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall conduct a
study on improvements to the safety and efficiency of
evacuation standards for manufacturers and carriers of
transport category airplanes, as described in parts 25 and 121
of title 14, Code of Federal Regulations.
(2) Contents.--
(A) Requirements.--The study required by paragraph
(1) shall include--
(i) a prospective risk analysis, as well as
an evaluation of relevant past incidents with
respect to evacuation safety and evacuation
standards;
(ii) an assessment of the evacuation
testing procedures described in section 25.803
of such title 14, as well as recommendations
for how to revise such testing procedures to
ensure that the testing procedures assess, in a
safe manner, the ability of passengers with
disabilities, including those who use
wheelchairs or other mobility assistive
devices, to safely and efficiently evacuate an
aircraft;
(iii) an assessment of the evacuation
demonstration procedures described in such part
121, as well as recommendations for how to
improve such demonstration procedures to ensure
that the demonstration procedures assess, in a
safe manner, the ability of passengers with
disabilities, including those who use
wheelchairs or other mobility assistive
devices, to safely to efficiently evacuate an
aircraft;
(iv) the research proposed in National
Transportation Safety Board Safety
Recommendation A-18-009; and
(v) any other analysis determined
appropriate by the Administrator.
(B) Considerations.--In conducting the study under
paragraph (1), the Administrator shall assess the
following:
(i) The ability of passengers of different
ages (including infants, children, and senior
citizens) to safely and efficiently evacuate a
transport category airplane.
(ii) The ability of passengers of different
heights and weights to safely and efficiently
evacuate a transport category airplane.
(iii) The ability of passengers with
disabilities to safety and efficiently evacuate
a transport category airplane.
(iv) The ability of passengers who cannot
speak, have difficulty speaking, use synthetic
speech, or are non-vocal or non-verbal to
safely and efficiently evacuate a transport
category airplane.
(v) The ability of passengers who do not
speak English to safely and efficiently
evacuate a transport category airplane.
(vi) The impact of the presence of carry-on
luggage and personal items (such as a purse,
briefcase, laptop, or backpack) on the ability
of passengers to safely and efficiently
evacuate a transport category airplane.
(vii) The impact of seat size and passenger
seating space and pitch on the ability of
passengers to safely and efficiently evacuate a
transport category airplane.
(viii) The impact of seats and other
obstacles in the pathway to the exit opening
from the nearest aisle on the ability of
passengers to safely and efficiently evacuate a
transport category airplane.
(ix) With respect to aircraft with parallel
longitudinal aisles, the impact of seat pods or
other seating configurations that block access
between such aisles within a cabin on the
ability of passengers to safely and efficiently
evacuate a transport category airplane.
(x) The impact of passenger load (the
number of passengers relative to the number of
seats on board the aircraft) on the ability of
passengers to safely and efficiently evacuate a
transport category airplane.
(xi) The impact of service animals on the
ability of passengers (including such service
animals and their handlers) to safely and
efficiently evacuate a transport category
airplane.
(xii) Whether an applicant for a type
certificate (as defined in section 44704(e)(7)
of title 49, United States Code) should be
required to demonstrate compliance with FAA
emergency evacuation regulations (as described
in section 25.803 and Appendix J of part 25 of
title 14, Code of Federal Regulations) through
live testing when the Administrator determines
that the new aircraft design is significant.
(xiii) Any other factor determined
appropriate by the Administrator.
(C) Passengers with disabilities defined.--For
purposes of this paragraph, the term ``passengers with
disabilities'' means any qualified individual with a
disability, as defined in section 382.3 of title 14,
Code of Federal Regulations.
(b) Aviation Rulemaking Committee for Evacuation Standards.--
(1) In general.--Not later than 180 days after the
completion of the study under subsection (a), the Administrator
shall establish an Aviation Rulemaking Committee (in this
section referred to as the ``Committee'') to review the
findings of the study and develop and submit to the
Administrator recommendations regarding improvements to the
evacuation standards described in parts 25 and 121 of title 14,
Code of Federal Regulations.
(2) Composition.--The Committee shall consist of members
appointed by the Administrator, including the following:
(A) Representatives of industry.
(B) Representatives of aviation labor
organizations.
(C) Aviation safety experts with specific knowledge
of the evacuation standards and requirements under such
parts 25 and 121.
(D) Representatives of the disability community
with specific knowledge of accessibility standards
regarding evacuations in emergency circumstances.
(E) Representatives of the senior citizen
community.
(F) Representatives of pediatricians.
(3) Considerations.--In reviewing the findings of the study
under subsection (a) and developing recommendations regarding
the improvement of the evacuation standards, the Committee
shall consider the following:
(A) The recommendations made by any prior Aviation
Rulemaking Committee regarding the evacuation standards
described in such parts 25 and 121.
(B) Scientific data derived from the study under
subsection (a).
(C) Any data gathered from aviation safety
reporting programs.
(D) The cost-benefit analysis and risk analysis of
any recommended standards.
(E) Any other item determined appropriate by the
Committee.
(c) Report to Congress.--Not later than 180 days after the date on
which the Committee submits recommendations under subsection (b), the
Administrator shall submit to the appropriate committees of Congress a
report on--
(1) the findings of the study conducted under subsection
(a);
(2) the recommendations of the Committee under subsection
(b); and
(3) the Administrator's plan, if any, to implement such
recommendations.
(d) Rulemaking.--Not later than 90 days after submitting the report
to Congress under subsection (c), the Administrator shall issue a
notice of proposed rulemaking to implement the recommendations of the
Committee that the Administrator deems appropriate.
SEC. 733. IMPROVED TRAINING STANDARDS FOR ASSISTING PASSENGERS WHO USE
WHEELCHAIRS.
(a) Rulemaking.--The Secretary shall conduct a rulemaking to
develop requirements for minimum training standards for airline
personnel or contractors who assist wheelchair users who must board or
deplane using an aisle chair or other boarding device.
(b) Requirements.--The training standards developed under
subsection (a) shall require, at a minimum, that airline personnel or
contractors--
(1) complete refresher training every 6 months and be
recertified yearly on the job by a superior in order to remain
qualified for providing aisle chair assistance; and
(2) be able to successfully demonstrate the each of
following skills in hands-on training sessions before being
allowed to board or deplane a passenger using an aisle chair or
other boarding device:
(A) How to safely use the aisle chair, or other
boarding device, including the use of all straps,
brakes, and other safety features.
(B) How to assist in the transfer of passengers to
and from their wheelchair, the aisle chair, and the
aircraft's passenger seat, either by physically lifting
the passenger or deploying a mechanical device for the
lift or transfer.
(C) How to effectively communicate with, and take
instruction from, the passenger.
(c) Considerations.--In conducting the rulemaking under subsection
(a), the Secretary shall consider, at a minimum--
(1) whether to require air carriers and foreign air
carriers to partner with national disability organizations and
disabled veterans organizations representing individuals with
disabilities who use wheelchairs and scooters in administering
and auditing training;
(2) whether to require air carriers and foreign air
carriers to use a lift device, instead of an aisle chair, to
board and deplane passengers with mobility disabilities;
(3) whether air carriers and foreign air carriers should be
required to use their own personnel instead of contractors for
boarding passengers with limited or no mobility; and
(4) whether individuals able to provide boarding and
deplaning assistance for passengers with limited or no mobility
should receive training from medical professionals on how to
properly lift these passengers.
(d) Final Rule.--Not later than 12 months after the date of
enactment of this section, the Secretary shall issue a final rule
pursuant to the rulemaking conducted under this section.
(e) Penalties.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States Code, to any
air carrier or foreign air carrier who fails to meet the requirements
established under the final rule under subsection (d).
SEC. 734. TRAINING STANDARDS FOR STOWAGE OF WHEELCHAIRS AND SCOOTERS.
(a) Rulemaking.--The Secretary shall conduct a rulemaking to
develop minimum training standards related to stowage of wheelchairs
and scooters on aircraft.
(b) Requirements.--The training standards developed under
subsection (a) shall require, at a minimum, that airline personnel or
contractors--
(1) complete refresher training every 6 months and be
recertified yearly on the job by a superior in order to remain
qualified for handling and stowing wheelchairs and scooters;
and
(2) be able to successfully demonstrate the each of
following skills in hands-on training sessions before being
allowed to handle or stow a wheelchair or scooter:
(A) How to properly handle and configure, at a
minimum, the most commonly used power and manual
wheelchairs and scooters for stowage on each aircraft
type operated by the air carrier or foreign air
carrier.
(B) How to properly review any wheelchair or
scooter information provided by the passenger or the
assistive device manufacturer.
(C) How to properly load, secure, and unload
wheelchairs and scooters, including how to use any
specialized equipment for loading or unloading, on each
aircraft type operated by the air carrier or foreign
air carrier.
(c) Considerations.--In conducting the rulemaking under subsection
(a), the Secretary shall consider, at a minimum--
(1) whether to require air carriers and foreign air
carriers to partner with wheelchair manufacturers, national
disability and disabled veterans organizations representing
individuals who use wheelchairs and scooters, and aircraft
manufacturers, in administering and auditing training; and
(2) whether air carriers and foreign air carriers should
require personnel or contractors to use specialized equipment
in loading and unloading wheelchairs and scooters.
(d) Final Rule.--Not later than 12 months after the date of
enactment of this section, the Secretary shall issue a final rule
pursuant to the rulemaking conducted under this section.
(e) Penalties.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States Code, to any
air carrier or foreign air carrier who fails to meet the requirements
established under the final rule under subsection (d).
SEC. 735. MOBILITY AIDS ON BOARD IMPROVE LIVES AND EMPOWER ALL ACT.
(a) Publication of Information Related to Powered Wheelchairs.--
(1) Advisory circular.--Not later than 1 year after the
date of enactment of this section, the Secretary shall issue an
advisory circular that provides guidance to air carriers and
foreign air carriers (as defined in section 40102 of title 49,
United States Code) on publishing information related to
powered wheelchairs on the website of such carrier, including--
(A) information describing the dimensions of the
cargo holds of all aircraft types in the air carrier's
fleet, including the dimensions of the cargo hold
entry; and
(B) in the case of a qualified individual with a
disability (as defined in section 382.3 of title 14,
Code of Federal Regulations) traveling with a
wheelchair (including a power wheelchair, manual
wheelchair, or scooter) who has purchased a ticket for
a flight from the air carrier but who cannot fly on the
existing aircraft because the wheelchair of such
qualified individual cannot fit in the cargo hold,
information regarding the process for such qualified
individual to get a refund of any previously paid
fares, fees, and taxes applicable to such flight.
(2) Requirement.--Not later than 18 months after the date
of enactment of this section, each air carrier and foreign air
carrier shall be required to publish, on a prominent and easily
accessible place on the website of the carrier, the information
described in the advisory circular issued under paragraph (1).
(b) Evaluation of Data Regarding Mishandled Wheelchairs.--Not later
than 6 months after the date of enactment of this section, and annually
thereafter, the Secretary shall--
(1) evaluate data (which shall be delineated by type of
wheelchair being mishandled, such as power wheelchairs, manual
wheelchairs, and scooters, and by type of mishandling, such as
damage (including the type of damage, such as broken drive
wheels or casters, bent or broken frames, damage to electrical
connectors or wires, control input devices, joysticks,
upholstery, or other components, and any other type of damage
deemed appropriate by the Secretary), delay, or loss) regarding
the frequency of mishandling of wheelchairs (as defined in
section 37.3 of title 49, Code of Federal Regulations)
occurring on aircraft;
(2) determine whether there are issues with respect to such
frequency and type of mishandling; and
(3) review and report any claims for which an air carrier
has conclusive evidence of fraud.
(c) Report on Mishandled Wheelchairs.--Not later than 6 months
after the date of enactment of this section, the Secretary shall submit
to the appropriate committees of Congress a report (which shall be made
publicly available on the website of the Department of Transportation)
regarding the results of each such evaluation and determination under
subsection (b), including how the Secretary plans to address such
results through consultation with air carriers, wheelchair
manufacturers, national disability and disabled veterans organizations,
and other relevant stakeholders.
(d) Feasibility of In-cabin Wheelchair Restraint Systems.--
(1) Roadmap.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a publicly available
strategic roadmap that describes how the Department of
Transportation and the United States Access Board,
respectively, shall, in accordance with the recommendations
from the National Academies of Science, Engineering, and
Mathematics Transportation Research Board Special Report 341--
(A) establish a program of research, in
collaboration with the Rehabilitation Engineering and
Assistive Technology Society of North America (RESNA),
the assistive technology industry, air carriers,
original equipment manufacturers, national disability
and disabled veterans organizations, and any other
relevant stakeholders, to test and evaluate an
appropriate selection of WC19-compliant wheelchairs and
accessories in accordance with applicable FAA
crashworthiness and safety performance criteria,
including the issues and considerations set forth in
Special Report 341; and
(B) sponsor studies that assess issues and
considerations, including those set forth in Special
Report 341, such as--
(i) the likely demand for air travel by
individuals who are nonambulatory if such
individuals could remain seated in their
personal wheelchairs in flight; and
(ii) the feasibility of implementing
seating arrangements that would accommodate
passengers in wheelchairs in the main cabin in
flight.
(2) Study.--If determined to be technically feasible by the
Secretary, not later than 2 years after making such
determination, the Secretary shall commence a study to assess
the economic and financial feasibility of air carriers and
foreign air carriers implementing seating arrangements that
accommodate passengers with wheelchairs (including power
wheelchairs, manual wheelchairs, and scooters) in the main
cabin during flight. Such study shall include an assessment
of--
(A) the cost of such seating arrangements,
equipment, and installation;
(B) the demand for such seating arrangements;
(C) the impact of such seating arrangements on
passenger seating and safety on aircraft;
(D) the impact of such seating arrangements on the
cost of operations and airfare; and
(E) any other information determined appropriate by
the Secretary.
(3) Report.--Not later than 1 year after the date on which
the study under paragraph (2) is completed, the Secretary shall
submit to the appropriate committees of Congress a publicly
available report describing the results of the study conducted
under paragraph (2), together with any recommendations the
Secretary determines appropriate.
SEC. 736. PRIORITIZING ACCOUNTABILITY AND ACCESSIBILITY FOR AVIATION
CONSUMERS ACT OF 2023.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Secretary shall
submit a report on aviation consumer complaints related to passengers
with a disability filed with the Department of Transportation to the
appropriate committees of Congress, and shall make each annual report
publicly available.
(b) Report.--Each annual report submitted under subsection (a)
shall include, but not be limited to, the following:
(1) The number of aviation consumer complaints reported to
the Secretary related to passengers with a disability filed
with the Department of Transportation during the 5 most recent
calendar years.
(2) The nature of such complaints, such as reported issues
with--
(A) an air carrier, including an air carrier's
staff training or lack thereof;
(B) mishandling of passengers with a disability or
their accessibility equipment;
(C) the condition or lack of accessibility
equipment or materials;
(D) the accessibility of in-flight services,
including accessing and utilizing on-board lavatories,
for passengers with a disability;
(E) difficulties experienced by passengers with a
disability in communicating with an air carrier or
staff of an air carrier;
(F) difficulties experienced by passengers with a
disability in being moved, handled, or having their
schedule changed without consent;
(G) issues experienced by passengers with a
disability traveling with a service animal; and
(H) such other issues as the Secretary deems
appropriate.
(3) An overview of the review process for such complaints
received during such period.
(4) The median length of time for how quickly review such
complaints were initiated.
(5) The median length of time for how quickly such
complaints were resolved or otherwise addressed.
(6) Of the complaints that were found to violate section
41705 of title 49, United States Code, (commonly known as the
``Air Carrier Access Act of 1986'')--
(A) the number of such complaints for which a
formal enforcement order was issued; and
(B) the number of such complaints for which a
formal enforcement order was not issued.
(7) How many aviation consumer complaints related to
passengers with a disability were referred to the Department of
Justice for an enforcement action under--
(A) section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794);
(B) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); or
(C) any other provision of law.
(8) How many aviation consumer complaints related to
passengers with a disability filed with the Department of
Transportation that involved airport staff, or other matters
under the jurisdiction of the Federal Aviation Administration,
were referred to the Federal Aviation Administration.
(c) Definitions.--
(1) In general.--The definitions set forth in section 40102
of title 49, United States Code, and section 382.3 of title 14,
Code of Federal Regulations, apply to any term defined in such
sections that is used in this section.
(2) Passengers with a disability defined.--In this section,
the term ``passengers with a disability'' has the meaning given
the term ``qualified individual with a disability'' in section
382.3 of title 14, Code of Federal Regulations.
SEC. 737. TRANSPORTATION OF ORGANS.
(a) Handling of Organs on Aircraft.--Not later than 180 days after
the date of enactment of this section, the Administrator, in
coordination with relevant Federal agencies and stakeholders, shall
issue a rulemaking to--
(1) establish a safe, standardized process for a commercial
airline's acceptance, handling, management, and transportation
of an organ in the cabin of an aircraft;
(2) require each commercial airline to establish a protocol
to ensure the safe and timely transport of an organ in the
cabin of the aircraft, including through any connecting flight;
and
(3) identify metrics regarding the handling of organs by
commercial airlines in order to increase transparency and aid
the development of best practices and improvement initiatives.
(b) Definition of Organ.--For purposes of this section, the term
``organ''--
(1) has the meaning given such term in section 121.2 of
title 42, Code of Federal Regulations; and
(2) includes organ-related tissue.
SEC. 738. ACCESS AND DIGNITY FOR ALL PEOPLE WHO TRAVEL ACT.
(a) Short Title.--This section may be cited as the ``Access and
Dignity for All People Who Travel Act of 2023''.
(b) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(3) Qualified individual with a disability.--The term
``qualified individual with a disability'' has the meaning
given that term in section 382.3 of title 14, Code of Federal
Regulations.
(4) Service animal.--The term ``service animal'' has the
meaning given that term in section 382.3 of title 14, Code of
Federal Regulations.
(c) Seating Accommodations for Qualified Individuals With
Disabilities.--
(1) In general.--
(A) Advanced notice of proposed rulemaking.--Not
later than 180 days after the date of enactment of this
section, the Secretary shall issue an advanced notice
of proposed rulemaking regarding seating accommodations
for any qualified individual with a disability.
(B) Notice of proposed rulemaking.--Not later than
1 year after the date on which the advanced notice of
proposed rulemaking under subparagraph (A) is
completed, the Secretary shall issue a notice of
proposed rulemaking regarding seating accommodations
for any qualified individual with a disability.
(C) Final rule.--Not later than 1 year after the
date on which the notice of proposed rulemaking under
subparagraph (B) is completed, the Secretary shall
issue a final rule regarding seating accommodations for
any qualified individual with a disability.
(2) Requirements.--In carrying out any rulemaking under
paragraph (1), the Secretary shall consider the following:
(A) The scope and anticipated number of qualified
individuals with a disability who--
(i) may need to be seated with a companion
to receive assistance during a flight; or
(ii) should be afforded bulkhead seats or
other seating considerations.
(B) The types of disabilities that may need seating
accommodations.
(C) Whether such qualified individuals with a
disability are unable to obtain, or have difficulty
obtaining, such a seat.
(D) The scope and anticipated number of individuals
assisting a qualified individual with a disability who
should be afforded an adjoining seat pursuant to
section 382.81 of title 14, Code of Federal
Regulations.
(E) Any notification given to qualified individuals
with a disability regarding available seating
accommodations.
(F) Any method that is adequate to identify
fraudulent claims for seating accommodations.
(G) Any other information determined appropriate by
the Secretary.
(d) Known Service Animal User Travel Pilot Program.--
(1) Pilot program.--
(A) Establishment.--
(i) In general.--The Secretary shall
establish a pilot program to allow approved
program participants as known service animal
users for the purpose of exemption from the
documentation requirements under part 382 of
title 14, Code of Federal Regulations, with
respect to air travel with a service animal.
(ii) Requirements.--The pilot program
established under clause (i) shall--
(I) be optional;
(II) provide to applicants
assistance, including over-the-phone
assistance, throughout the application
process for the program;
(III) with respect to any web-based
components of the pilot program, meet
or exceed the standards described in
section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d) and the
regulations implementing that Act as
set forth in part 1194 of title 36,
Code of Federal Regulations; and
(IV) exempt participants of the
pilot program from any documentation
requirements under part 382 of title
14, Code of Federal Regulations.
(B) Consultation.--In establishing the pilot
program under subparagraph (A), the Secretary shall
consult with--
(i) disability advocacy entities, including
nonprofit organizations focused on ensuring
that individuals with disabilities are able to
live and participate in their communities;
(ii) air carriers and foreign air carriers;
(iii) accredited service animal training
programs and authorized registrars, such as the
International Guide Dog Federation, Assistance
Dogs International, and other similar
organizations and foreign and domestic
governmental registrars of service animals;
(iv) other relevant departments or agencies
of the Federal Government; and
(v) other entities determined to be
appropriate by the Secretary.
(C) Eligibility.--To be eligible to participate in
the pilot program under this paragraph, an individual
shall--
(i) be a qualified individual with a
disability;
(ii) require the use of a service animal
because of a disability; and
(iii) submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may require.
(D) Clarification.--The Secretary may award a grant
or enter into a contract or cooperative agreement in
order to carry out this paragraph.
(E) Nominal fee.--The Secretary may require an
applicant to pay a nominal fee (not to exceed $25) to
participate in the pilot program.
(F) Reports to congress.--
(i) Planning report.--Not later than 1 year
after the date of enactment of this section,
the Secretary shall submit to the appropriate
committees of Congress a publicly available
report describing the implementation plan for
the pilot program under this paragraph.
(ii) Annual report.--Not later than 1 year
after the establishment of the pilot program
under this paragraph, and annually thereafter
until the date described in subparagraph (G),
the Secretary shall submit to the appropriate
committees of Congress a publicly available
report on the progress of the pilot program.
(iii) Final report.--Not later than 5 years
after the date of enactment of this section,
the Secretary shall submit to the appropriate
committees of Congress a publicly available
final report that includes recommendations for
the establishment and implementation of a
permanent known service animal user travel
program for the Federal Government.
(G) Sunset.--The pilot program shall terminate on
the date that is 5 years after the date of enactment of
this section.
(2) Accredited service animal training programs and
authorized registrars.--Not later than 6 months after the date
of enactment of this section, the Secretary shall publish on
the website of the Department of Transportation and maintain a
list of--
(A) accredited programs that train service animals;
and
(B) authorized registrars that evaluate service
animals.
(3) Report to congress on service animal requests.--Not
later than 1 year after the date of enactment of this section,
and annually thereafter, the Secretary shall submit to the
appropriate committees of Congress a report on requests for air
travel with service animals, including--
(A) during the reporting period, how many requests
to board an aircraft with a service animal were made;
and
(B) the number and percentage of such requests,
categorized by type of request, that were reported by
air carriers or foreign air carriers as--
(i) granted;
(ii) denied; or
(iii) fraudulent.
(4) Training.--
(A) In general.--Not later than 180 days after the
date of enactment of this section, the Secretary shall,
in consultation with the Air Carrier Access Act
Advisory Committee, issue guidance regarding
improvements to training for airline personnel
(including contractors) in recognizing when a qualified
individual with a disability is traveling with a
service animal.
(B) Requirements.--The guidance issued under
paragraph (1) shall--
(i) take into account respectful engagement
with and assistance for individuals with a wide
range of visible and non-visible disabilities;
(ii) provide information on--
(I) service animal behavior and
whether the service animal is
appropriately harnessed, leashed, or
otherwise tethered; and
(II) the various types of service
animals, such as guide dogs, hearing or
signal dogs, psychiatric service dogs,
sensory or social signal dogs, and
seizure response dogs; and
(iii) outline the rights and
responsibilities of the handler of the service
animal.
SEC. 739. EQUAL ACCESSIBILITY TO PASSENGER PORTALS ACT.
(a) Applications and Information Communication Technologies.--
(1) Rulemaking.--Not later than 6 months after the date of
enactment of this section, the Secretary shall issue a notice
of proposed rulemaking to ensure that customer-focused
websites, applications, and information communication
technologies (including those used to notify any individual
with a disability of changes to flight information (such as
delays, gate changes, or boarding announcements), passenger
safety information, or in-flight services and updates) of an
air carrier, foreign air carrier, or airport are accessible.
(2) Final rule.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate a
final rule for the purposes described in paragraph (1).
(3) Considerations.--In any rulemaking under this
subsection, the Secretary--
(A) shall consider--
(i) the standards described in section 508
of the Rehabilitation Act of 1973 (29 U.S.C.
794d); and
(ii) the regulations implementing that Act
as set forth in part 1194 of title 36, Code of
Federal Regulations; and
(B) may consider--
(i) additional standards, including those
provided in the Web Content Accessibility
Guidelines 2.1 Level AA of the Web
Accessibility Initiative of the World Wide Web
Consortium (or subsequent versions); and
(ii) the technical capabilities of the
information communication technology.
(4) Consultation.--For purposes of this section, the
Secretary may consult with the Architectural and Transportation
Barriers Compliance Board and any other relevant department or
agency to determine appropriate accessibility standards.
(5) Review.--Not later than 5 years after promulgating the
final rule under paragraph (2), and every 5 years thereafter,
the Secretary shall review the rules issued under this
subsection and update such rules as necessary.
(b) Audit.--
(1) Initial audit.--
(A) Requirement.--Not later than 1 year after the
date on which the Secretary promulgates the final rule
under subsection (a)(2), and subsequently thereafter as
described in paragraph (3), the Secretary shall
commence an audit of each customer-focused website,
application, or information communication technology of
an air carrier, foreign air carrier, or airport for the
purpose of informing improvements that ensure any
individual with a disability has equal access to
travel, in accordance with such final rule. Such audit
shall be limited to a review of the following:
(i) The accessibility of any customer-
focused website or application of an air
carrier, foreign air carrier, or airport.
(ii) The accessibility of the information
communication technology an air carrier,
foreign air carrier, or airport uses to--
(I) notify any individual with a
disability of changes to flight
information (such as delays, gate
changes, or boarding announcements); or
(II) provide services to such
individual, such as checking in,
printing a boarding pass, or printing a
luggage tag.
(iii) Other relevant information, as
determined by the Secretary in consultation
with stakeholders from the disability
community, air carriers, foreign air carriers,
airports, and other relevant stakeholders.
(B) Notice.--Not later than 9 months before
commencing any audit under subparagraph (A), the
Secretary shall notify any entity being audited and
publish in a prominent place on the website of the
Department of Transportation and in an accessible
manner, information regarding such audit, including--
(i) a notice of the audit;
(ii) the standards that the customer-
focused website, application, or information
communication technology of an air carrier,
foreign air carrier, or airport must meet; and
(iii) the potential civil penalties that
may be assessed for noncompliance with such
standards.
(2) Clarification.--The Secretary may--
(A) award a grant or enter into a contract or
cooperative agreement in order to carry out the audits
required under paragraph (1); and
(B) require any air carrier, foreign air carrier,
or airport audited under this section to provide to the
Secretary such information as the Secretary requires to
carry out any such audit.
(3) Subsequent audits.--
(A) Large air carriers, large hub airports, and
medium hub airports.--For purposes of paragraph (1),
after the initial audit described in such paragraph,
the Secretary shall conduct subsequent audits every 3
years thereafter with respect to large air carriers,
large hub airports, and medium hub airports.
(B) Small air carriers.--For purposes of paragraph
(1), after the initial audit described in such
paragraph, the Secretary shall conduct subsequent
audits every 5 years thereafter with respect to small
air carriers.
(c) Report.--Not later than 1 year after commencing any audit under
subsection (b), the Secretary shall submit to the appropriate
committees of Congress a publicly-available report containing the
following:
(1) The number of air carriers, foreign air carriers, and
airports audited during the reporting period.
(2) The number of violations per type of operator (air
carrier, foreign air carrier, and airport) during the reporting
period.
(3) An analysis of the number and type of violations (such
as lack of captions, audio descriptions, image descriptions),
with such types being at the discretion of the Secretary.
(4) Recommendations for such legislation and administrative
action as the Secretary determines appropriate.
(d) Penalties.--Upon completing an audit conducted under subsection
(b), the Secretary may assess a civil penalty in accordance with
section 46301 of title 49, United States Code, to any air carrier,
foreign air carrier, or airport that utilizes a customer-focused
website, application, or information communication technology that is
not accessible, as determined by the Secretary.
(e) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Airport.--The term ``airport'' has the meaning given
that term in section 40102 of title 49, United States Code.
(3) Application.--The term ``application'' means software
that is designed to run on a device, including a smartphone,
tablet, self-service kiosk, wearable technology item, or laptop
or desktop computer, or another device, including a device
developed after the date of enactment of this section, and that
is designed to perform, or to help the user perform, a specific
task.
(4) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(5) Individual with a disability.--The term ``individual
with a disability'' has the meaning given that term in section
382.3 of title 14, Code of Federal Regulations.
(6) Information communication technology.--The term
``information communication technology''--
(A) means any equipment, system, technology, or
process for which the principal function is the
creation, manipulation, storage, display, receipt, or
transmission of relevant electronic data and
information, as well as any associated content; and
(B) includes a computer and peripheral equipment,
an information kiosk or transaction machine,
telecommunications equipment, customer premises
equipment, a multifunction office machine, software, a
video, or an electronic document.
(7) Large air carrier.--The term ``large air carrier''
means an air carrier or foreign air carrier operating under
part 121 of title 14, Code of Federal Regulations, that
operates an aircraft with 125 passenger seats or more.
(8) Large hub airport.--The term ``large hub airport'' has
the meaning given that term in section 40102 of title 49,
United States Code.
(9) Medium hub airport.--The term ``medium hub airport''
has the meaning given that term in section 40102 of title 49,
United States Code.
(10) Small air carrier.--The term ``small air carrier''
means an air carrier or foreign air carrier operating under
part 121 of title 14, Code of Federal Regulations, that
operates an aircraft with less than 125 passenger seats.
SEC. 740. STORE ON-BOARD WHEELCHAIRS IN CABIN ACT.
(a) Requirements.--
(1) In general.--In the case an aircraft that is required
to be equipped with an on-board wheelchair in accordance with
section 382.65 of title 14, Code of Federal Regulations, an air
carrier and a foreign air carrier shall provide in a prominent
place on a publicly available internet website of the carrier,
and in any place where a passenger can make a reservation,
information regarding the rights and responsibilities of both
passengers on such aircraft and the air carrier or foreign air
carrier, including--
(A) that an air carrier or foreign air carrier is
required to equip aircraft that have more than 60
passenger seats and that have an accessible lavatory
(whether or not having such a lavatory is required by
section 382.63 of such title 14) with an on-board
wheelchair unless an exception described in such
section 382.65 applies;
(B) that a qualified individual with a disability
may request an on-board wheelchair on aircraft with
more than 60 passenger seats even if the lavatory is
not accessible and that the basis of such request must
be that the individual can use an inaccessible lavatory
but cannot reach it from a seat without using an on-
board wheelchair;
(C) that the air carrier or foreign air carrier may
require the qualified individual with a disability to
provide the advance notice specified in section 382.27
of such title 14 in order for the individual to be
provided with the on-board wheelchair; and
(D) if the air carrier or foreign air carrier
requires the advance notice described in subparagraph
(C), information on how a qualified individual with a
disability can make such a request.
(2) Annual training.--An air carrier and a foreign air
carriers shall require that all personnel who regularly
interact with the traveling public, including contractors,
complete annual training regarding assisting qualified
individual with a disability, including regarding the
availability of accessible lavatories and on-board wheelchairs
and such individual's right to request an on-board wheelchair.
(3) Public awareness campaign.--The Secretary shall conduct
a public awareness campaign on the rights of qualified
individuals with a disability, including with respect to
accessible lavatories and such individual's right to request an
on-board wheelchair in accordance section 382.65 of title 14,
Code of Federal Regulations .
(4) Qualified individual with a disability defined.--In
this subsection, the term ``qualified individual with a
disability'' has the meaning given such term in section 382.3
of title 14, Code of Federal Regulations.
(5) Penalties.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States Code,
to any air carrier or foreign air carrier who fails to meet the
requirements under paragraph (1) or (2).
(b) Increased Civil Penalties.--
(1) In general.--Section 46301(a)(7) of title 49, United
States Code, is amended--
(A) in the paragraph heading, by striking ``to
harm''; and
(B) in subparagraph (A)--
(i) in the heading, by striking ``bodily
harm or damage to wheelchair or other mobility
aid'' and inserting ``damage to wheelchair or
other mobility aid, bodily harm, or failure to
equip aircraft with a wheelchair''; and
(ii) by striking ``or injury to a passenger
with a disability'' and inserting ``, injury to
a passenger with a disability, or a failure to
equip an aircraft with an on-board wheelchair
pursuant to section 382.65 of title 14, Code of
Federal Regulations (or a successor
regulation)''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to flights occurring on or after the effective date
of the revision described in subsection (a).
Subtitle C--Air Service Development
SEC. 741. ESSENTIAL AIR SERVICE.
(a) Definitions.--Section 41731 of title 49, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Eligible Place Defined.--In this subchapter, the term
`eligible place' means a place in the United States that--
``(1) is at least 75 miles from the nearest medium or large
hub airport, if within the 48 contiguous states, which shall
not be waived;
``(2) had an average of 10 enplanements per service day or
more, as determined by the Secretary, during the most recent
fiscal year;
``(3) during the most recent fiscal year had an average
subsidy per passenger, as determined by the Secretary, of--
``(A) less than $500 for locations that are less
than 175 driving miles from the nearest large or medium
hub airport; and
``(B) less than $1,000 for all locations,
regardless of driving distance to a hub; and
``(4) is a community that, at any time during the period
between September 30, 2010, and September 30, 2011, inclusive--
``(A) received essential air service for which
compensation was provided to an air carrier under this
subchapter; or
``(B) received notice of intent to terminate
essential air service and the Secretary required the
air carrier to continue to provide such service to the
community.'';
(2) in subsection (b), by striking ``subsection (a)(1) of
this section'' and inserting ``subsection (a)'';
(3) in subsection (c), by striking ``Subparagraphs (B),
(C), and (D) of subsection (a)(1)'' and inserting ``Paragraphs
(2), (3), and (4) of subsection (a)'';
(4) in subsection (d), by striking ``Subsection (a)(1)(B)''
and inserting ``Subsection (a)(2)'';
(5) by striking subsection (e) and inserting the following:
``(e) Waivers.--The Secretary may waive, on an annual basis,
subsection (a)(2) or subsection (a)(3)(A) with respect to a location if
the location demonstrates to the Secretary's satisfaction that the
reason the location averages fewer than 10 enplanements per day or has
a subsidy higher than $500 per passenger is due to a temporary decline
in demand; provided, that the Secretary may not provide more than 2
consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any
location.''; and
(6) in subsection (f), by striking ``subsection (a)(1)(B)''
and inserting ``subsection (a)(2)''.
(b) Improvements to Basic Essential Air Service.--
(1) In general.--Section 41732 of title 49, United States
Code, is amended--
(A) in subsection (a)(1), by striking ``hub
airport'' and all that follows through ``beyond that
airport'' and inserting ``medium or large hub
airport''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking ``and at
prices'' and all that follows through the
period; and
(ii) by striking paragraphs (3) through
(6).
(c) Level of Basic Essential Air Service.--Section 41733 of title
49, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) the contractual, marketing arrangements,
code-share, or interline arrangements the applicant has
made with a larger air carrier serving the hub
airport;'';
(B) by striking subparagraph (C) and redesignating
subparagraphs (D) through (F) as subparagraphs (C)
through (E), respectively;
(C) in subparagraph (D), as so redesignated, by
striking ``and'' after the semicolon;
(D) in subparagraph (E), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(E) by adding at the end the following:
``(F) service provided in aircraft with at least 2
engines and using 2 pilots.''; and
(2) in subsection (h), by striking ``by section 332 of the
Department of Transportation and Related Agencies
Appropriations Act, 2000 (Public Law 106-69; 113 Stat. 1022)''
and inserting ``under section 41731(a)(3)''.
(d) Ending, Suspending, and Reducing Basic Essential Air Service.--
Section 41734 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``An air carrier'' and inserting
``Subject to subsection (d), an air carrier''; and
(B) by striking ``90'' and inserting ``180'';
(2) by striking subsection (d) and inserting the following:
``(d) Continuation of Compensation After Notice Period.--
``(1) In general.--If an air carrier receiving compensation
under section 41733 of this title for providing basic essential
air service to an eligible place is required to continue to
provide service to the place under this section after the 180-
day notice period under subsection (a) of this section, the
Secretary--
``(A) shall provide the carrier with compensation
sufficient to pay to the carrier the amount required by
the then existing contract for performing the basic
essential air service that was being provided when the
180-day notice was given under subsection (a) of this
section;
``(B) may pay an additional amount that represents
a reasonable return on investment; and
``(C) may pay an additional return that recognizes
the demonstrated additional lost profits from
opportunities foregone and the likelihood that those
lost profits increase as the period during which the
carrier or provider is required to provide the service
continues.
``(2) Authority.--The Secretary may impose contract
termination penalties or conditions on compensation that take
effect in the event an air carrier provides notice that it is
ending, suspending, or reducing basic essential air service.'';
(3) in subsection (e), by striking ``providing that service
after the 90-day notice period'' and all that follows through
the period at the end of paragraph (2) and inserting
``providing that service after the 180-day notice period
required by subsection (a), the Secretary may provide the air
carrier with compensation after the end of the 180-day notice
period to pay for the fully allocated actual cost to the air
carrier of performing the basic essential air service that was
being provided when the 180-day notice was given under
subsection (a) plus a reasonable return on investment that is
at least 5 percent of operating costs.''; and
(4) in subsection (f), by inserting ``air'' after ``find
another''.
(e) Enhanced Essential Air Service.--Section 41735 of title 49,
United States Code, and the item relating to such section in the
analysis for subchapter II of chapter 417 of such title, are repealed.
(f) Air Transportation to Noneligible Places.--Section 41736 of
title 49, United States Code, and the item relating to such section in
the analysis for subchapter II of chapter 417 of such title, are
repealed.
(g) Compensation Guidelines, Limitations, and Claims.--Section
41737(d) of title 49, United States Code, is amended--
(1) by striking ``(1)'' before ``The Secretary may''; and
(2) by striking paragraph (2).
(h) Joint Proposals.--Section 41740 of title 49, United States
Code, and the item relating to such section in the analysis for
subchapter II of chapter 417 of such title, are repealed.
(i) Essential Air Service Authorization.--
(1) In general.--Section 41742(a) of title 49, United
States Code, is amended--
(A) in paragraph (1), by striking ``$50,000,000''
and inserting ``$154,400,000'';
(B) in paragraph (2), by striking ``$155,000,000
for fiscal year 2018,'' and all that follows through
``2023'' and inserting ``$335,000,000 for fiscal year
2024, $340,000,000 for fiscal year 2025, $342,000,000
for fiscal year 2026, $342,000,000 for fiscal year
2027, and $350,000,000 for fiscal year 2028''; and
(C) by striking paragraph (3).
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2023.
(j) Preservation of Basic Essential Air Service at Single Carrier
Dominated Hub Airports.--Section 41744 of title 49, United States Code,
and the item relating to such section in the analysis for subchapter II
of chapter 417 of such title, are repealed.
(k) Community and Regional Choice Programs.--Section 41745 of title
49, United States Code, is amended--
(1) in subsection (a)(3), by striking subparagraph (E) and
redesignating subparagraph (F) as subparagraph (E);
(2) by striking subsections (b) and (c); and
(3) by redesignating subsections (d) through (g) as
subsections (b) through (e), respectively.
(l) Marketing Program.--Section 41748 of title 49, United States
Code, and the item relating to such section in the analysis for
subchapter II of chapter 417 of such title, are repealed.
SEC. 742. SMALL COMMUNITY AIR SERVICE DEVELOPMENT GRANTS.
Section 41743 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (4)(B), by striking ``10-year''
and inserting ``5-year''; and
(B) in paragraph (5)(E), by inserting ``or
substantially reduced (as measured by enplanements,
capacity (seats), schedule, connections, or routes)''
after ``terminated'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``, which shall
begin with each new grant, including same-project new
grants, and which shall be calculated on a non-
consecutive basis for air carriers that provide air
service that is seasonal'' after ``3 years'';
(B) in paragraph (2), by striking ``and'' after the
semicolon;
(C) in paragraph (3), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) to provide assistance to an airport where air service
has been terminated or substantially reduced.'';
(3) in subsection (e)--
(A) in paragraph (1), by inserting ``or the
community's current air service needs'' after ``the
project'';
(B) in paragraph (2), by striking ``$10,000,000 for
each of fiscal years 2018 through 2023'' and inserting
``$20,000,000 for each of fiscal years 2024 through
2028'';
(4) in subsection (g)(4), by striking ``and the creation of
aviation development zones''; and
(5) by striking subsections (f) and (h) and redesignating
subsection (g) (as amended by paragraph (4)) as subsection (f).
SEC. 743. GAO STUDY AND REPORT ON THE ALTERNATE ESSENTIAL AIR SERVICE
PROGRAM.
(a) Study.--The Comptroller General shall study the effectiveness
of the Alternate Essential Air Service program (in this section
referred to as the ``Alternate EAS program''), including challenges if
any that have impeded robust community participation in the Alternate
EAS program. The study shall include an assessment of potential changes
to the Alternate EAS program and the basic Essential Air Service
programs under section 41731 of title 49, United States Code, wherein
Governors of Essential Air Service eligible States and Puerto Rico are
given block grants to distribute Essential Air Service funds to
Essential Air Service eligible communities in their States and Puerto
Rico.
(b) Briefing.--Not later than 1 year after the date of enactment of
this section, the Comptroller General shall brief the appropriate
committees of Congress on the study required by subsection (a),
together with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
TITLE VIII--NEW ENTRANTS
Subtitle A--Unmanned Aircraft Systems
SEC. 801. OFFICE OF ADVANCED AVIATION TECHNOLOGY AND INNOVATION.
Section 106 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(u) Office of the Associate Administrator for Advanced Aviation
Technology and Innovation.--
``(1) Establishment.--There is established in the Federal
Aviation Administration the Office of Advanced Aviation
Technology and Innovation (in this subsection referred to as
the `Office').
``(2) Associate administrator.--The Office shall be headed
by an Associate Administrator, who shall--
``(A) be appointed by the Administrator; and
``(B) report directly to the Administrator.
``(3) Purposes.--The purposes of the Office are to--
``(A) serve as an entry point for stakeholders to
share information with the Federal Aviation
Administration on advanced aviation technologies;
``(B) examine the potential impact of advanced
aviation technologies on the national airspace system,
and methods to safely integrate into the national
airspace system;
``(C) work collaboratively with subject matter
experts from all lines of business and staff offices to
examine advanced aviation technologies and concepts for
integration into the national airspace system in an
expeditious manner that takes into account acceptable
levels of risk;
``(D) lead cross-U.S. government collaborative
efforts to develop integrated approaches for the
acceleration and deployment of Advanced Technologies;
``(E) provide leadership with regard to internal
collaboration, industry engagement, and collaboration
with international partners;
``(F) lead cross-FAA integration, planning,
coordination, and collaboration in support of the
integration of advanced aviation technologies ;
``(G) support the development of safety cases for
advanced aviation technologies in coordination with the
operational approval office; and
``(H) coordinate and review approval of advanced
aviation technologies, including support to and
approval of any required rulemakings, exemptions,
waivers, or other types of authorizations, as
appropriate.
``(4) Duties.--The Associate Administrator shall--
``(A) establish, manage, and oversee the Office of
Advanced Aviation Technology and Innovation;
``(B) develop and maintain a comprehensive strategy
and action plan for fully integrating advanced aviation
technologies into the national aviation ecosystem and
providing full authorization for operations at scale
for each of these technologies;
``(C) collaborate with Federal Aviation
Administration organizations to identify and develop
specific recommendations to address skills gaps in the
existing engineer and inspector workforce involved in
the certification and operational approval of safety
technology;
``(D) coordinate and review, as appropriate,
rulemaking activities related to advanced aviation
technologies, including by scoping complex regulatory
issues, evaluating internal processes, and positioning
the Federal Aviation Administration to support
aerospace innovation;
``(E) coordinate and review, as appropriate,
applications for type, production, or airworthiness
certificates, or alternatives to airworthiness
certificates, operating and pilot certification, and
airspace authorizations, among others, related to
advanced aviation technologies;
``(F) coordinate and review, as appropriate,
applications for waivers, exemptions and other
operational authorizations;
``(G) coordinate and review the implementation of
the process required by section 2209 of the FAA
Extension, Safety, and Security Act of 2016 (as
amended) (49 U.S.C. 40101 note);
``(H) coordinate with the Chief Operating Officer
of the Air Traffic Organization and other agency
leaders to develop policies to address airspace
integration issues at all levels of uncontrolled and
controlled airspace;
``(I) implement the BEYOND program and the UAS Test
Site Program, among others, and develop other pilot
programs in partnership with industry stakeholders and
State, local, and Tribal Governments to enable highly
automated and autonomous operations of Advanced
Technologies unmanned aircraft systems, AAM, and other
innovative aviation technologies at scale by providing
the data necessary to support rulemakings and other
approval processes;
``(J) serve as the designated Federal officer to
the Advanced Aviation Technology and Innovation
Steering Committee; and
``(K) serve as the Federal Aviation Administration
lead for the Drone Safety Team.
``(5) Congressional briefings.--Not later than 60 days
after establishing the position in paragraph (1), and on a
quarterly basis thereafter, the Administrator shall brief the
appropriate committees of Congress on the status of--
``(A) implementing the comprehensive strategy and
action plan for fully integrating advanced aviation
technologies into the national aviation ecosystem and
providing full authorization for operations at scale
for each of these technologies;
``(B) rulemakings, major guidance documents, and
other agency pilot programs or initiatives supporting
the comprehensive strategy and action plan;
``(C) implementing recommendations from the
Advanced Aviation Technology and Innovation Steering
Committee; and
``(D) engagement with international aviation
regulators to develop global standards for advanced
aviation technologies.
``(6) UAS integration office.--Not later than 90 days after
the date of enactment of this subsection, the functions, duties
and responsibilities of the UAS Integration Office shall be
incorporated into the Office.
``(7) Definitions.--In this subsection:
``(A) AAM.--The term `AAM' has the meaning given
the term `advanced air mobility' in section 2(i)(1) of
the Advanced Air Mobility Coordination and Leadership
Act (49 U.S.C. 40101 note).
``(B) Advanced aviation technologies.--The term
`advanced aviation technologies' means technologies for
which introduction has potential safety implications
and shall include unmanned aircraft systems, powered-
lift aircraft, electric propulsion, and super- and
hypersonic aircraft.''.
SEC. 802. ADVANCED AVIATION TECHNOLOGY AND INNOVATION STEERING
COMMITTEE.
(a) Establishment.--Not later than 30 days after the date of
enactment of this section, the Administrator shall establish an
Advanced Aviation Technology and Innovation Steering Committee (in this
section referred to as the ``Steering Committee'') to ensure the FAA's
comprehensive strategy and action plan for fully integrating unmanned
aircraft systems, AAM, and other innovative aviation technologies into
the national aviation ecosystem and providing full authorization for
operations at scale for each of these technologies as reflects the
equities and interests of all stakeholders within the agency.
(b) Chair.--The Associate Administrator for Advanced Aviation
Technology and Innovation shall serve as the Chair of the Steering
Committee.
(c) Composition.--In addition to the Chair, the Steering Committee
shall consist of at least 1 senior leader of each of the following FAA
offices:
(1) Aircraft Certification Service.
(2) Flight Standards Service.
(3) Air Traffic Organization.
(4) Office of Accident Investigation and Prevention.
(5) Office of Aerospace Medicine.
(6) Office of Airports.
(7) Office of Commercial Space.
(8) Office of Finance and Management.
(9) Office of NextGen or any successor office.
(10) Office of the Chief Counsel.
(11) Office of Rulemaking.
(12) Office of Policy, International Affairs, and
Environment.
SEC. 803. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44811. Beyond visual line of sight operations for unmanned
aircraft systems
``(a) In General.--Not later than 6 months after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration (in this section referred to as the `Administrator')
shall issue a notice of proposed rulemaking establishing a regulatory
pathway for certification or approval of unmanned aircraft systems to
enable commercial beyond visual line of sight (in this section referred
to as `BVLOS') operations.
``(b) Consultation.--
``(1) In general.--Subject to paragraph (2), in
promulgating the rule under subsection (a), the Administrator
shall implement the final report and recommendations of the
Beyond Visual Line of Sight Aviation Rulemaking Committee which
were submitted to the Administrator on March 10, 2022.
``(2) Exception.--If the Administrator determines not to
implement 1 or more of the recommendations described in
paragraph (1), the Administrator shall provide to the
appropriate committees of Congress a statement of explanation
for such determination.
``(c) Final Rule.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Administrator shall issue a
final rule establishing a regulatory pathway for certification
or approval of unmanned aircraft systems to enable commercial
BVLOS operations.
``(2) Requirements.--The final rule described in paragraph
(1) shall, at a minimum, do the following:
``(A) Establish an applicable risk assessment
methodology for the authorization of BVLOS unmanned
aircraft system operations that includes quantified
measures of acceptability which sufficiently account
for the total air and ground risks associated with such
operations and the means for mitigating such risks,
taking into account an aircraft's size, weight, speed,
kinetic energy, operational capability, proximity to
airports and populated areas, operation over people,
and operation beyond the visual line of sight, or
operation during the day or night, including
consideration of unmanned aircraft using an approved or
accepted detect and avoid system appropriate for the
class and type of airspace in which the operation is
being conducted.
``(B) Establish remote pilot certification
standards for remote pilots for BVLOS operations,
taking into account varying levels of automated control
and management of unmanned aircraft system flights.
``(C) Establish an airworthiness process for small
unmanned aircraft systems that requires a
manufacturer's declaration of compliance to a Federal
Aviation Administration accepted means of compliance,
which shall not require type or production
certification or the issuance of a special
airworthiness certificate.
``(D) Establish a special airworthiness certificate
to be issued upon a manufacturer's declaration of
compliance to a Federal Aviation Administration
accepted means of compliance, which--
``(i) shall not require type or production
certification;
``(ii) shall, at least, govern
airworthiness of any unmanned aircraft system
that--
``(I) is not--
``(aa) a small unmanned
aircraft system; and
``(bb) appropriate for the
process described in
subparagraph (C), as determined
by the Administrator;
``(II) has a maximum gross weight
of not more than 1,320 lbs; and
``(III) has a maximum speed of 100
miles per hour; and
``(iii) may require unmanned aircraft
systems subject to the certificate to operate
in the national airspace system at altitudes
below at least--
``(I) 400 feet above ground level;
or
``(II) with respect to an unmanned
aircraft system flown within a 400-foot
radius of a structure, 400 feet above
the structure's immediate uppermost
limit.
``(E) Amend the Code of Federal Regulations to
establish generally applicable standards for the type
certification of unmanned aircraft systems that the
Administrator determines pose higher air or ground
risks such that those unmanned aircraft systems are not
appropriate for approvals under the processes described
in subparagraph (C) or (D).
``(F) Establish operating rules for--
``(i) the operation of the unmanned
aircraft systems described in subparagraphs
(C), (D), or (E); and
``(ii) certain unmanned aircraft systems to
enable lower-risk BVLOS operations without
airworthiness requirements in a manner
consistent with the final report and
recommendations of the Beyond Visual Line of
Sight Aviation Rulemaking Committee described
in subsection (b)(1).
``(3) Rule of construction.--Nothing in this section shall
prohibit the use of the manufacturer declarations of compliance
required under paragraph (2)(C) for other unmanned aircraft
systems.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, is amended by inserting after the item relating to
section 44810 the following:
``44811. Beyond visual line of sight operations for unmanned aircraft
systems.''.
SEC. 804. EXTENDING SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT
SYSTEMS.
(a) Extension.--Section 44807(d) of title 49, United States Code,
is amended by striking ``September 30, 2023'' and inserting ``on the
date the rules described in section 44811 take effect''.
(b) Clarification.--Section 44807(a) of title 49, United States
Code, is amended by inserting ``or chapter 447'' after
``Notwithstanding any other requirement of this chapter''.
(c) Expedited Exemptions.--In exercising authority under section
44807 of title 49, United States Code (as amended by subsection (a)),
the Administrator shall, taking into account the statutory mandate to
ensure safe and efficient use of the national airspace system and
without requiring a rulemaking or imposing the requirements of part 11
of title 14, Code of Federal Regulations, grant exemptions--
(1) to enable--
(A) low-risk beyond visual line of sight
operations, such as certain package delivery operations
or shielded operations within 100 feet of the ground or
a structure; or
(B) extended visual line of sight operations that
rely on visual observers to keep the aircraft or
airspace within view; or
(2) that are aligned with FAA exemptions that enable beyond
visual line of sight operations with the use of acoustics,
ground based radar, and other technological solutions.
(d) Clarification of Status of Previously Issued Rulemakings and
Exemptions.--
(1) Rulemakings.--Any rulemaking published prior to the
date of enactment of this section under the authority described
in section 44807 of title 49, United States Code, shall
continue to be in effect following the expiration of such
authority.
(2) Exemptions.--Any exemption granted under the authority
described in section 44807 of title 49, United States Code, and
in effect as of September 30, 2023, shall continue to be in
effect until the date that is 3 years after the date of
termination described in such exemption.
(3) Delegation.--The authority granted to the Secretary in
such section 44807 may continue to be delegated to the
Administrator in whole or in part.
(4) Rules of construction.--Nothing in this section shall
be construed to interfere with the Secretary's--
(A) authority to rescind or amend the granting of
an exemption for reasons such as unsafe conditions or
operator oversight; or
(B) ability to grant an exemption based on a
determination made pursuant to such section 44807 prior
to the date described in subsection (d) of such
section.
SEC. 805. ENVIRONMENTAL REVIEW AND NOISE CERTIFICATION.
(a) National Environmental Policy Act Guidance.--Not later than 90
days after the date of enactment of this section, the Administrator
shall publish drone-specific environmental review guidance and
implementation procedures and thereafter revise such guidance as
appropriate to carry out the requirements of this section.
(b) Programmatic Level Approach to NEPA Review.--Not later than 90
days after the date of enactment of this section, the Administrator
shall examine and integrate programmatic-level approaches to the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) (including regulations promulgated to carry out
that Act) for the commercial drone industry to create an efficient
process for preparing environmental reviews of reasonably foreseeable
drone operations across a geographic region, for an individual
operator's network of drone operations within a defined geographic
region, and for operations within and over commercial and industrial
sites closed or restricted to the public.
(c) Developing One or More Categorical Exclusions.--The
Administrator shall engage in ongoing consultations with the Council on
Environmental Quality to identify actions that are appropriate for a
categorical exclusion and shall incorporate such actions in FAA Order
1050.1F, as amended or revised, from time to time, as, and when, deemed
appropriate.
(d) Suspension of Noise Certification Requirement Pending Standards
Development.--
(1) In general.--Upon the date of enactment of this
section, and notwithstanding the requirements of section 44715
of title 49, United States Code, the Administrator shall waive
the determination of compliance with part 36 of title 14, Code
of Federal Regulations, for drone models seeking type and
airworthiness certification, and shall not deny, withhold, or
delay such certification due to the absence of a noise
certification basis under such part, provided the FAA has
developed appropriate noise measurement procedures for such
drone models and the FAA has received the noise measurement
results based on those procedures from the applicant.
(2) Duration.--The suspension provided in this subsection
shall continue until such time as the Administrator publishes
final noise certification standards for drones as amendments to
part 36 of title 14, Code of Federal Regulations, or to another
part of title 14 of such Code.
(3) Deadline for noise certification standards.--Based on
drone noise data the Administrator has received in the process
of reviewing applications for type and airworthiness
certification, in conducting environmental assessments of
proposed drone operations under section 44807 of title 49,
United States Code, and part 135 of title 14, Code of Federal
Regulations, and from other sources, including standards
organizations, the Administrator shall propose generally
applicable drone noise certification standards, not later than
the date that is 36 months after the date of enactment of this
section, and following notice and comment rulemaking
procedures, and shall publish final noise certification
standards not later than 24 months after the date on which the
period for public comment on such proposed generally applicable
noise certification standards ends.
(e) Drone Defined.-- In this section, the term ``drone'' has the
meaning given the term ``unmanned aircraft'' in section 44801 of title
49, United States Code.
SEC. 806. UTM IMPLEMENTATION.
(a) Approval Process.--Not later than 270 days after the date of
enactment of this section, the Administrator shall establish
procedures, which may include a rulemaking, to establish a standard
approval process for third party service suppliers of UTM in order to
fulfill safety functions for Beyond Visual Line of Sight.
(b) ASTM Standard.--- In establishing the standard approval process
required by subsection (a), the Administrator shall ensure that ASTM
International Standard F3548-21, entitled ``UAS Traffic Management
(UTM) UAS Service Supplier (USS) Interoperability'', and any future
possible revisions as refined and validated by the Administrator in
conjunction with stakeholders including the private sector, is included
as an acceptable means of compliance.
(c) Certification.--
(1) In general.--Not later than 180 days of the date of
enactment of this section, the Administrator shall initiate a
process, which may include a rulemaking, to define and
implement criteria and conditions for the certification and
oversight of third party service suppliers of UTM that could
have a direct or indirect impact on air traffic services in the
national airspace system and require FAA oversight.
(2) Considerations.--In carrying out the certification
process described in paragraph (1) the Administrator shall
consider the facilitation and streamlining of processes for
global recognition and applicability, including through
bilateral aviation safety agreements, implementation
procedures, and other associated bilateral arrangements.
(d) Definitions.--In this section:
(1) Third party service supplier.--The term ``third party
service supplier'' means an entity other than the UAS operator
or the FAA that provides a distributed service that affects the
national airspace system safety, including UAS Service
Suppliers (USS), Supplemental Data Service Providers (SDSPs),
and infrastructure providers such as ground-based surveillance,
command-and-control and information exchange to another party.
(2) UTM.--The term ``UTM'' has the meaning given that term
in section 44801 of title 49, United States Code.
(3) UAS.--The term ``UAS'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
SEC. 807. OPERATIONS OVER THE HIGH SEAS.
(a) In General.--Not later than 180 days after the date of
enactment of this section, and to the extent permitted by treaty
obligations of the United States, including the Convention on
International Civil Aviation, the Administrator shall establish and
implement an operational approval process to permit small unmanned
aircraft systems (as defined in section 44801 of title 49, United
States code), and unmanned aircraft systems (as so defined) with a
special airworthiness certificate, to operate over the high seas within
flight information regions for which the United States is responsible
for the operational control.
(b) Consultation.--In establishing and implementing the approval
process under subsection (a), the Administrator shall consult with
appropriate stakeholders outside of the FAA, including industry
stakeholders.
SEC. 808. EXTENSION OF THE BEYOND PROGRAM.
(a) In General.--Chapter 448 of title 49, United States Code, as
amended by section 803(a), is amended by adding at the end the
following new section:
``Sec. 44812. BEYOND program
``During the period beginning on the date of enactment of this
section and ending on September 30, 2028, the Administrator of the
Federal Aviation Administration shall continue to operate the Federal
Aviation Administration's BEYOND program (as established on October 26,
2020) under the same terms and conditions applicable under such program
as of such date of enactment. A waiver or authority granted under the
Unmanned Aircraft System Integration Pilot Program established under
section 351 of the FAA Reauthorization Act of 2018 shall continue to
apply during such period to an entity participating in the BEYOND
program under such waiver or authority on such date of enactment for so
long as the entity continues to participate in the BEYOND program.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, as amended by section 803(b), is amended by
inserting after the item relating to section 44811 the following:
``44812. BEYOND program.''.
SEC. 809. EXTENSION OF THE KNOW BEFORE YOU FLY CAMPAIGN.
Section 356 of the FAA Reauthorization Act of 2018 (Pub. Law 115-
254; 132 Stat. 3305) is amended by striking ``2019 through 2023'' and
inserting ``2024 through 2028''.
SEC. 810. UNMANNED AIRCRAFT SYSTEM DATA EXCHANGE.
(a) Data Exchange Plan.--Not later than 180 days after the date of
enactment of this section, the Administrator shall develop and submit
to the appropriate committees of Congress a plan to make available data
that is prudent to ensure the safe integration of unmanned aircraft
systems into the national airspace system. Such plan shall include the
following:
(1) A description of technical efforts to digitize and
automate aeronautical information (including through the
development and use of an unmanned aircraft systems geospatial
information management system) to provide an authoritative
source of geospatial information to support the operation of
unmanned aircraft systems in the national airspace system.
(2) Suggested refinements to standard sets of aeronautical
information for current and upcoming unmanned aircraft systems
integration efforts to facilitate the exchange of unmanned
aircraft systems data that is relevant to the unmanned aircraft
systems community.
(3) An identification of sensitive flight data that may
require information security controls or protection to
safeguard the operational security of such flight activity with
respect to air navigation services that contain information
about sensitive national security or law enforcement flights.
(4) Means and service fees for the data to be shared
consistent with industry standard geospatial formats.
(b) Coordination.--In developing the plan under subsection (a), the
Administrator shall--
(1) solicit from the Secretary of the Interior and other
departments or agencies, as deemed necessary by the
Administrator, information relevant to the safe operation of
unmanned aircraft systems in the national airspace system; and
(2) coordinate with unmanned aircraft systems industry and
technical groups to identify an efficient and effective format,
method, and cadence for providing the required data.
SEC. 811. UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGATION ENFORCEMENT
AUTHORITY.
(a) In General.--Chapter 448 of title 49, United States Code, as
amended by sections 803(a) and 808(a), is amended by adding at the end
the following:
``Sec. 44813. Unmanned aircraft system detection and mitigation
enforcement
``(a) Prohibition.--
``(1) In general.--No person may operate a system or
technology to detect, identify, monitor, track, or mitigate an
unmanned aircraft or unmanned aircraft system in a manner that
adversely impacts or interferes with safe airport operations,
navigation, or air traffic services, or the safe and efficient
operation of the national airspace system.
``(2) Actions by the administrator.--The Administrator of
the Federal Aviation Administration may take such action as may
be necessary to address the adverse impacts or interference of
operations that violate paragraph (1).
``(3) Termination.--The prohibition under paragraph (1)
shall not apply on or after September 30, 2028.
``(b) Penalties.--A person who operates a system or technology in
violation of subsection (a)(1) is liable to the Federal Government for
a civil penalty of not more than $25,000 per violation.
``(c) Rule of Construction.--The term `person' as used in this
section does not include--
``(1) the Federal Government or any bureau, department,
instrumentality, or other agency of the Federal Government; or
``(2) an officer, employee, or contractor of the Federal
Government or any bureau, department, instrumentality, or other
agency of the Federal Government if the officer, employee, or
contractor is authorized by the Federal Government or any
bureau, department, instrumentality, or other agency of the
Federal Government to operate a system or technology referred
to in subsection (a)(1).
``(d) Briefing to Congress.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Administrator shall brief the appropriate committees of Congress on any
enforcement actions taken (including any civil penalties imposed) using
the authority under this section.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, as amended by sections 803(b) and 808(b), is
amended by inserting after the item relating to section 44812 the
following:
``44813. Unmanned aircraft system detection and mitigation
enforcement.''.
SEC. 812. RECREATIONAL OPERATIONS OF DRONE SYSTEMS.
(a) In General.--Section 44809 of title 49, United States Code, is
amended--
(1) in subsection (a) by striking paragraph (6) and
inserting the following:
``(6) Except for circumstances when the Administrator
establishes alternative altitude ceilings or as otherwise
authorized in subsection (c)(2), in Class G airspace, the
aircraft is flown from the surface to not more than 400 feet
above ground level and complies with all airspace and flight
restrictions and prohibitions established under this chapter,
such as special use airspace designations and temporary flight
restrictions.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``organization
conducting a sanctioned event'' and inserting
``organization sponsoring operations'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) in paragraph (3) (as so redesignated)--
(i) in the paragraph heading by striking
``weighing more than 55 pounds'' and inserting
``weighing 55 pounds or greater'';
(ii) in the matter preceding subparagraph
(A), by striking ``weighing more than 55
pounds'' and inserting ``weighing 55 pounds or
greater''; and
(iii) in subparagraph (B), by inserting
``or (2)'' after ``paragraph (1)''; and
(D) by inserting after paragraph (1) the following:
``(2) Operations in class g airspace.--Subject to
compliance with all airspace and flight restrictions and
prohibitions established under this chapter, such as special
use airspace designations and temporary flight restrictions--
``(A) persons operating drones under subsection (a)
from a fixed site at which the operations are sponsored
by a community-based organization may operate within
Class G airspace--
``(i) up to 400 feet above ground level,
without prior authorization from the
Administrator; and
``(ii) above 400 feet above ground level,
with prior authorization from the
Administrator; and
``(B) persons operating drones under paragraph (3)
from a fixed site at which the operations are sponsored
by a community-based organization may operate within
Class G airspace with prior authorization from the
Administrator.'';
(3) in subsection (d) by striking the subsection heading
and all that follows through ``Nothing in this subsection'' and
inserting the following:
``(d) Savings Clause.--Nothing in this subsection'';
(4) in subsection (f)(1) by striking ``updates to the
operational parameters'' and inserting ``the operational
limitations''; and
(5) in subsection (h)--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) is recognized by the Administrator of the Federal
Aviation Administration;''.
(b) Use of UAS at Institutions of Higher Education.--Section 350 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 44809 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) operated by an elementary school or secondary school
for educational or research purposes;''; and
(2) in subsection (d)--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``an elementary school,
or a secondary school,'' after ``institution of higher
education,''; and
(B) by adding at the end the following:
``(3) Elementary school.--The term `elementary school' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(4) Secondary school.--The term `secondary school' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).''.
SEC. 813. UAS TEST RANGES.
(a) In General.--Chapter 448 of title 49, United States Code, is
amended by striking section 44803 and inserting the following:
``Sec. 44803. Unmanned aircraft test ranges
``(a) Test Ranges.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall carry out and update, as
appropriate, a program for the use of unmanned aircraft system
test ranges to--
``(A) enable a broad variety of research,
development, testing, and evaluation activities at the
test ranges; and
``(B) not later than 5 years after the date of
enactment of the FAA Reauthorization Act of 2023,
expand the number of test ranges, to the extent
consistent with aviation safety and efficiency, for
purposes of the safe integration of unmanned aircraft
systems into the national airspace system.
``(2) Designations.--
``(A) In general.--Subject to subparagraph (B), the
designations of test ranges under this section may
include the following:
``(i) The 7 test ranges established by the
Administrator under section 332(c) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C.
40101 note), as in effect on the day before the
date of enactment of the FAA Reauthorization
Act of 2018, and pursuant to section 2201(b) of
the FAA Extension, Safety, and Security Act of
2016 (49 U.S.C. 40101 note), which, except for
the eligibility factors as provided in
paragraph (3) of this section, shall each be
subject to the requirements of this section.
``(ii) Two additional test ranges subject
to the requirements of this section, which may
be established by the Administrator through a
competitive selection process after successful
conversion of test ranges established prior to
the date of enactment of the FAA
Reauthorization Act of 2023 and at least 6
months of data sharing demonstrating safe
operations and improved use of the test range
consistent with any standard established by the
Administrator through the selection process.
``(B) Limitation.--Not more than 9 test ranges
shall be designated under this section at any given
time.
``(3) Eligibility.--An applicant shall be considered
eligible for designation as a test range sponsor under
paragraph (2)(A)(ii) based on the following criteria:
``(A) The applicant shall be an instrumentality of
a State, a local, tribal, or territorial government, or
other public entity.
``(B) The applicant shall be approved by the chief
executive officer of the State, local, territorial, or
tribal government for the applicant's principal place
of business, prior to seeking designation by the
Administrator.
``(C) The applicant shall not have been selected
previously by the Administrator to sponsor or host a
test range covered by this section.
``(D) The applicant shall undertake and ensure
testing in innovative concepts, technologies, and
operations that will offer new safety benefits,
including expanding advanced research and developing
and retaining an advanced aviation industrial base
within the United States.
``(E) The applicant shall meet any other
requirements established by the Administrator in a
competitive selection process.
``(b) Airspace Requirements.--
``(1) In general.--In carrying out the program under
subsection (a), the Administrator may establish, upon the
request of a test range sponsor designated by the Administrator
under subsection (a), a restricted area, pursuant to part 73 of
title 14, Code of Federal Regulations, for purposes of--
``(A) accommodating hazardous research,
development, testing, and evaluation activities to
inform the safe integration of unmanned aircraft
systems into the national airspace system; or
``(B) other activities authorized by the
Administrator pursuant to subsection (f).
``(2) NEPA review.--The Administrator may require that each
test range sponsor designated by the Administrator under
subsection (a) provide a draft environmental review consistent
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), subject to the supervision and adoption by the
Federal Aviation Administration, with respect to any request
for the establishment of a restricted area under this
subsection.
``(3) Inactive restricted area.--
``(A) In general.--In the event a restricted area
established under paragraph (1) is not needed to meet
the requirements of the using agency (as described in
subparagraph (B)), the restricted area shall be
inactive and revert to the controlling agency.
``(B) Using agency.--For purposes of this
subsection, a test range sponsor designated by the
Administrator under subsection (a) shall be considered
the using agency with respect to a restricted area
established by the Administrator under this subsection.
``(4) Approval authority.--The Administrator shall have the
authority to approve access by a participating or
nonparticipating operator to a test range or restricted area
established by the Administrator under this subsection.
``(c) Program Requirements.--In carrying out the program under
subsection (a), the Administrator--
``(1) may develop operational standards and air traffic
requirements for flight operations at test ranges;
``(2) shall coordinate with, and leverage the resources of,
the National Aeronautics and Space Administration and the
Department of Defense, as appropriate;
``(3) shall address both civil and public aircraft
operations;
``(4) shall provide for verification of the safety of
flight systems and related navigation procedures as it relates
to the continued development of standards for integration of
unmanned aircraft systems into the national airspace system;
``(5) shall engage test range sponsors, as necessary and
with available resources, in projects for research,
development, testing, and evaluation of flight systems to
facilitate the Federal Aviation Administration's development of
standards for the safe integration of unmanned aircraft systems
into the national airspace system, which may include solutions
for--
``(A) developing and enforcing geographic and
altitude limitations;
``(B) providing for alerts by the manufacturer
regarding any hazards or limitations on flight,
including prohibition on flight as necessary;
``(C) developing sense and avoid capabilities;
``(D) developing technology to support
communications, navigation, and surveillance;
``(E) beyond visual line of sight (BVLOS)
operations, nighttime operations, operations over
people, operations involving multiple small unmanned
aircraft systems, unmanned aircraft systems traffic
management, or other critical research priorities; and
``(F) improving privacy protections through the use
of advances in unmanned aircraft systems;
``(6) shall coordinate periodically with all test range
sponsors to ensure the test range sponsors know which data
should be collected, how data can be de-identified to flow more
readily to the Federal Aviation Administration, what procedures
should be followed, and what research would advance efforts to
safely integrate unmanned aircraft systems into the national
airspace system; and
``(7) shall allow test range sponsors to receive Federal
funding (including in-kind contributions), other than from the
Federal Aviation Administration, from test range participants
in furtherance of research, development, and testing
objectives.
``(d) Exemption.--Except as provided in subsection (f), the
requirements of section 44711 (including any related implementing
regulations) shall not apply to persons approved by the test range
sponsor for operation at a test range designated by the Administrator
under this section.
``(e) Responsibilities of Test Range Sponsors.--The sponsor of each
test range designated by the Administrator under subsection (a) shall
do the following:
``(1) Provide access to all interested private and public
entities seeking to carry out research at the test range, to
the greatest extent practicable, consistent with safety and any
operating procedures established by the test range sponsor,
including access by small business concerns (as defined in
section 3 of the Small Business Act (15 U.S.C. 632)).
``(2) Maintain operational control for all testing
activities conducted at its respective test range.
``(3) Ensure all activities remain within the geographical
boundaries and altitude limitations established for any
restricted area covering the test range.
``(4) Ensure any activity conducted at the designated test
range is not conducted in a careless or reckless manner.
``(5) Establish safe operating procedures for all operators
approved for testing activities at the test range, including
provisions for maintaining operational control and ensuring
protection of persons and property on the ground, subject to
approval by the Administrator.
``(6) Exercise direct oversight of all operations conducted
at the test range.
``(7) Consult with the Administrator on the nature of
planned activity at the test range and whether segregation of
the airspace is required to contain the activity consistent
with aviation safety.
``(8) Protect proprietary technology, sensitive data, or
sensitive research of any civil or private entity when using
the test range.
``(9) Maintain detailed records of all ongoing and
completed research activities conducted at the test range and
all operators conducting such activities, for inspection by,
and reporting to, the Administrator, as required by agreement
between the Administrator and the test range sponsor.
``(10) Make all original records available for inspection
upon request by the Administrator.
``(11) Provide recommendations, on a quarterly basis until
the program terminates, to the Administrator to further enable
public and private research and development operations at the
test ranges that contribute to the Federal Aviation
Administration's safe integration of unmanned aircraft systems
into the national airspace system.
``(f) Testing.--The Administrator may authorize a sponsor of a test
range designated under subsection (a) to host research, development,
testing, and evaluation activities other than those directly related to
the integration of unmanned aircraft systems into the national airspace
system, provided that--
``(1) the activity is necessary to inform the development
of standards or policy for integrating new types of flight
systems into the national airspace system; and
``(2) the Administrator waives the requirements of section
44711 (including any related implementing regulations) to the
extent the Administrator determines such waiver is consistent
with aviation safety.
``(g) Collaborative Research and Development Agreements.--The
Administrator may use the transaction authority under section
106(l)(6), in coordination with the Center of Excellence for Unmanned
Aircraft Systems, to enter into collaborative research and development
agreements or to direct research related to unmanned aircraft systems,
including at any test range designated under subsection (a).
``(h) Use of Center of Excellence for Unmanned Aircraft Systems.--
The Administrator, in carrying out research necessary to implement the
consensus safety standards accepted under section 44805, shall, to the
maximum extent practicable, leverage the research and testing capacity
and capabilities of the Center of Excellence for Unmanned Aircraft
Systems and the test ranges designated under subsection (a).
``(i) Clarification.--Nothing in this section shall be construed as
authorizing the research, development, testing, evaluation, or any
other use of a system or technology for the detection or mitigation of
unmanned aircraft systems (commonly referred to as `counter-UAS') at
any test range designated under subsection (a).
``(j) Termination.--The program under this section shall terminate
on September 30, 2028.''.
(b) Conforming Amendment.--Section 44801(10) of title 49, United
States Code, is amended by striking ``any of the 6 test ranges
established by the Administrator under section 332(c) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in
effect on the day before the date of enactment of the FAA
Reauthorization Act of 2018, and any public entity authorized by the
Federal Aviation Administration as an unmanned aircraft system flight
test center before January 1, 2009'' and inserting ``the test ranges
designated by the Administrator under section 44803''.
SEC. 814. AUTHORITY REGARDING PROTECTION OF CERTAIN FACILITIES AND
ASSETS FROM UNMANNED AIRCRAFT.
Section 547 of title V of division F of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) is amended by striking
``September 30, 2023'' and inserting ``September 30, 2026''.
SEC. 815. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND
ENFORCEMENT.
Section 44810(h) of title 49, United States Code, is amended by
striking ``September 30, 2023'' and inserting ``September 30, 2028''.
SEC. 816. SPECIAL AUTHORITY FOR TRANSPORT OF HAZARDOUS MATERIALS BY
COMMERCIAL PACKAGE DELIVERY UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Notwithstanding any other Federal requirement or
restriction related to the transportation of hazardous materials on
aircraft, the Secretary shall, beginning not later than 180 days after
enactment of this section, use a risk-based approach to establish the
operational requirements, standards, or special permits necessary to
approve or authorize the safe transportation of hazardous materials by
unmanned aircraft systems providing common carriage under part 135 of
title 14, Code of Federal Regulations, or under other authorities, as
applicable.
(b) Requirement.--In implementing the authority in subsection (a),
the Secretary shall consider, at a minimum--
(1) the safety of the public and users of the national
airspace system;
(2) efficiencies of allowing the safe transportation of
hazardous materials by unmanned aircraft systems; and
(3) the risk profile of the transportation of hazardous
materials by unmanned aircraft systems, taking into
consideration the likelihood, if any, that such operations will
carry small quantities of hazardous materials.
(c) Conformity of Hazardous Materials Regulations.--The Secretary
shall make such changes as necessary to conform the hazardous materials
regulations under parts 173 and 175 of title 49, Code of Federal
Regulations, to this section. Such changes shall not be required before
the Secretary exercises the authority provided for in this section.
(d) Definitions.--In this section:
(1) Hazardous materials.--The term ``hazardous materials''
has the meaning given that term in section 5102 of title 49,
United States Code.
(2) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
Subtitle B--Advanced Air Mobility
SEC. 821. SENSE OF CONGRESS ON FAA LEADERSHIP.
It is the sense of Congress that--
(1) the United States should take actions to position
itself as a global leader in advanced air mobility; and
(2) as such a global leader, the FAA should--
(A) prioritize its work on the type certification
of aircraft;
(B) publish in line with its stated deadlines
rulemakings and policy necessary to enable commercial
operations, such as the powered-lift Special Federal
Aviation Regulation (SFAR);
(C) work with global partners to promote acceptance
of advanced air mobility products; and
(D) leverage the existing aviation system to the
greatest extent possible to support advanced air
mobility operations.
SEC. 822. AVIATION RULEMAKING COMMITTEE ON CERTIFICATION OF POWERED-
LIFT AIRCRAFT.
(a) In General.--Not later than 180 days after the date on which
the first special class type certificate for powered-lift aircraft is
issued, the Administrator shall establish an Aviation Rulemaking
Committee (in this section referred to as the ``Committee'') to provide
the Administrator with specific findings and recommendations for the
creation of a standard certification pathway for the certification of
powered-lift aircraft.
(b) Report.--
(1) In general.--Not later than 1 year after the date on
which the Committee is established under subsection (a), the
Committee shall submit to the Administrator a report detailing
the findings and recommendations of the Committee.
(2) Considerations.--In submitting the report under
paragraph (1), the Committee shall consider the following:
(A) Broad, outcome-driven safety objectives that
will spur innovation and technology adoption and
promote the development of performance-based
regulations.
(B) Lessons and insights learned from previously
published FAA special conditions and other Federal
Register notices of airworthiness certification
criteria for powered-lift aircraft.
(c) Rulemaking.--Not later than 90 days after the date on which the
Committee submits the report to the Administrator under subsection (b),
the Administrator shall initiate a rulemaking to implement the findings
and recommendations of the Committee, as determined appropriate by the
Administrator.
SEC. 823. APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
CATEGORICAL EXCLUSIONS FOR VERTIPORT PROJECTS.
(a) In General.--In considering the environmental impacts of a
proposed vertiport project on an existing airport, the Administrator
shall--
(1) apply an applicable categorical exclusion in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and subchapter A of chapter V of title 40, Code
of Federal Regulations; and
(2) after consultation with the Council on Environmental
Quality, take steps to establish categorical exclusions for
vertiports on an existing airport, in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and subchapter A of chapter V of title 40, Code of
Federal Regulations.
(b) Definitions.--In this section:
(1) Advanced air mobility; aam.--The terms ```advanced air
mobility''' and ```AAM''' mean a transportation system that
transports people and property by air between two points in the
United States using aircraft with advanced technologies,
including electric aircraft or electric vertical take-off and
landing aircraft, in both controlled and uncontrolled airspace.
(2) Vertiport.--The term ``vertiport'' means a designated
location used or intended to be used to support advanced air
mobility (AAM) operations, including the landing, take-off,
loading, taxiing, parking, and storage of aircraft developed
for advanced air mobility (AAM) operations.
SEC. 824. ADVANCED AIR MOBILITY WORKING GROUP AMENDMENTS.
Section 2(f) of the Advanced Air Mobility Coordination and
Leadership Act (49 U.S.C. 40101 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) recommendations for sharing expertise and data on
critical items, including long-term electrification
requirements and the needs of cities (from a macro-
electrification standpoint) to enable the deployment of AAM;
and''; and
(4) in paragraph (3), as redesignated by paragraph (2) of
this section, by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)''.
SEC. 825. RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.
(a) Powered-lift Aircraft Defined.--In this section, the term
``powered-lift aircraft'' means a heavier-than-air aircraft capable of
vertical take-off, vertical landing, and low speed flight that depends
principally on engine-driven lift devices or engine thrust for lift
during these flight regimes and on 1 or more nonrotating airfoils for
lift during horizontal flight. Such term includes, but is not limited
to, electric aircraft capable of vertical take-off and landing (eVTOL).
(b) Rulemaking.--Not later than December 31, 2024, the
Administrator shall finalize a Powered-Lift Special Federal Aviation
Regulation (SFAR) establishing a procedure for certifying pilots and
the operation of powered-lift aircraft capable of transporting
passengers and cargo.
SEC. 826. INTERNATIONAL COORDINATION ON POWERED-LIFT AIRCRAFT.
(a) Powered-lift Aircraft Plan.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Administrator shall develop a
plan to facilitate the ability of the aerospace industry of the
United States to efficiently operate powered-lift aircraft and
export powered-lift products and articles in key markets
globally.
(2) Requirements.--The plan developed under paragraph (1)
shall include the following:
(A) An assessment of existing bilateral aviation
safety agreements, implementation procedures, and other
associated bilateral arrangements so that current and
future powered-lift products and articles can utilize
the most appropriate validation mechanisms and
procedures for powered-lift aircraft, products, and
articles.
(B) A description of methods to facilitate the
efficient, global acceptance of the FAA approach to
certification of powered-lift aircraft, products, and
articles.
(C) Any other information determined appropriated
by the Administrator.
(b) Coordination With Civil Aviation Authorities.--Not later than
90 days after the plan is developed under subsection (a), the
Administrator shall coordinate with international civil aviation
authorities in countries that have a bilateral safety agreement and
implementation procedure with the United States regarding the
establishment of mutual processes for efficient validation, acceptance,
and working arrangements of certificates and approvals for powered-lift
aircraft, products, and articles.
(c) Establishment of Provisions.--Not later than 2 years after the
date of enactment of this section, the Administrator shall establish
the mutual processes described in subsection (b).
(d) Powered-lift Aircraft Defined.--In this section, the term
``powered-lift aircraft'' means a heavier-than-air aircraft capable of
vertical take-off, vertical landing, and low speed flight that depends
principally on engine-driven lift devices or engine thrust for lift
during these flight regimes and on 1 or more nonrotating airfoils for
lift during horizontal flight. Such term includes, but is not limited
to, electric aircraft capable of vertical take-off and landing (eVTOL).
SEC. 827. ADVANCED AIR MOBILITY PROPULSION SYSTEMS AVIATION RULEMAKING
COMMITTEE.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Administrator shall establish an Aviation
Rulemaking Committee (in this section referred to as the ``Committee'')
to provide the Administrator with specific findings and recommendations
for regulations covering, with respect to small and large type
certificated aircraft, the certification and installation of--
(1) electric engines and propellers;
(2) hybrid electric engines and propulsion systems;
(3) hydrogen fuel cells; and
(4) hydrogen combustion engines or propulsion systems.
(b) Considerations.--In providing the findings and recommendations
under subsection (a), the Committee shall consider the following:
(1) Broad, outcome-driven safety objectives that will spur
innovation and technology adoption, and promote the development
of performance-based regulations.
(2) Lessons and insights learned from previously published
FAA special conditions and other Federal Register notices of
airworthiness certification criteria for advanced air mobility
engines, propellers, and aircraft.
(3) The requirements of part 33 and part 35 of title 14,
Code of Federal Regulations, any boundaries of applicability
for stand alone engine type certificates (including highly
integrated systems), and the use of technical standards order
authorizations.
(c) Report.--Not later than 2 years after the date on which the
Committee is established under subsection (a), the Committee shall
submit to the Administrator and the appropriate committees of Congress
a report containing the findings and recommendations described in
subsection (a).
(d) Briefing.--Not later than 180 days after the date on which the
Committee submits the report under subsection (c), the Administrator
shall brief the appropriate committees of Congress regarding the FAA's
plans in response to the findings and recommendations contained in the
report.
(e) Safety Cooperation.--The Administrator shall lead efforts to
engage with foreign authorities to further harmonize standards for
certification and installation of the products described in paragraphs
(1) through (4) of subsection (a).
TITLE IX--RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES
SEC. 901. ADVANCED MATERIALS CENTER OF EXCELLENCE ENHANCEMENTS.
Section 44518 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``under its structure''
and all that follows through the period and inserting ``through
September 30, 2028, under its structure as in effect on March
1, 2023, which shall focus on applied research and training on
the safe use of composites and advanced materials in airframe
structures. The Center shall also conduct research and
development into aircraft structure crash worthiness and
passenger safety, as well as address safe and accessible air
travel of individuals with a disability (as defined in section
382.3 of title 14, Code of Federal Regulations (or any
successor regulation)), including materials required to
facilitate safe wheelchair restraint systems on commercial
aircraft. The Administrator shall award grants to the Center
within 90 days from the date the Grants Officer recommends a
proposal for award to the Administrator.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Responsibilities.--The Center shall--
``(1) promote and facilitate collaboration among member
universities, academia, the Federal Aviation Administration,
the commercial aircraft industry, including manufacturers,
commercial air carriers, and suppliers, and other appropriate
stakeholders;
``(2) establish goals set to advance technology, improve
engineering practices, and facilitate continuing education in
relevant areas of study, which should include all structural
materials, such as carbon fiber polymers and thermoplastic
composites, and structural technologies, such as additive
manufacturing, to be used in applications within the commercial
aircraft industry, including traditional fixed-wing aircraft,
rotorcraft, and emerging aircraft types such as advanced air
mobility aircraft; and
``(3) establish criteria for the safe movement of all
passengers, including individuals with a disability (as defined
in section 382.3 of title 14, Code of Federal Regulations (or
any successor regulation)), and individuals using their
personal wheelchairs in flight, that takes into account the
modeling, engineering, testing, operating, and training issues
significant to all passengers and relevant stakeholders.''.
SEC. 902. CENTER OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, as
amended by section 811(a), is amended by inserting after section 44813
the following new section:
``SEC. 44814. CENTER OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS.
``(a) In General.--During the period beginning on the date of
enactment of this section, and ending on September 30, 2028, the
Administrator shall continue operation of the Center of Excellence for
Unmanned Aircraft Systems (referred to in this section as the `Center')
under the structure of the Center as in effect on January 1, 2023.
``(b) Responsibilities.--The Center shall carry out the following
responsibilities:
``(1) Conduct applied research and training on the safe and
efficient integration of unmanned aircraft systems and advanced
air mobility into the national airspace system.
``(2) Promote and facilitate collaboration among academia,
the FAA, Federal agency partners, and industry stakeholders
(including manufacturers, operators, service providers,
standards development organizations, carriers, and suppliers),
with respect to the safe and efficient integration of unmanned
aircraft systems and advanced air mobility into the national
airspace system.
``(3) Establish goals set to advance technology, improve
engineering practices, and facilitate continuing education with
respect to the safe and efficient integration of unmanned
aircraft systems and advanced air mobility into the national
airspace system.
``(c) Program Participation.--The Administrator shall ensure the
participation in the Center of public institutions of higher education
and research institutions that provide accredited bachelor's degree
programs in aeronautical sciences that provide pathways to commercial
pilot certifications and focus primarily on supporting pilot training
for women aviators.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, as amended by section 811(b), is amended by
inserting after the item relating to section 44813 the following:
``44814. Center of Excellence for Unmanned Aircraft Systems.''.
SEC. 903. ASSURED SAFE CREDENTIALING AUTHORITY.
(a) In General.--Chapter 448 of title 49, United States Code, as
amended by section 902(a), is amended by inserting after section 44814
the following new section:
``SEC. 44815. ASSURED SAFE CREDENTIALING AUTHORITY.
``(a) In General.--Not later than 6 months after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration shall establish the credentialing authority for the
Administration's program of record (referred to in this section as
`ASSUREd Safe') under the Center of Excellence for Unmanned Aircraft
Systems at the Mississippi State University.
``(b) Purposes.--The ASSUREd Safe credentialing authority
established under subsection (a) shall offer services throughout the
United States, and to allies and partners of the United States,
including--
``(1) online and in-person standards, education, and
testing to certify first responders' use of unmanned aircraft
systems for public safety and disaster operations;
``(2) uniform communications standards, operational
standards, and reporting standards for civilian, military, and
international allies and partners; and
``(3) any other services determined appropriate by the
Administrator of the Federal Aviation Administration.''.
(b) Clerical Amendment.--The analysis for chapter 448 of such
title, as amended by section 902(b), is amended by inserting after the
item relating to section 44814 the following:
``44815. ASSUREd Safe Credentialing Authority.''.
SEC. 904. FAA AND NASA ADVANCED AVIATION TECHNOLOGIES PILOT PROGRAM.
(a) Pilot Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this section, the Administrator, in coordination
with the Administrator of the National Aeronautics and Space
Administration (in this section referred to as the ``NASA
Administrator''), shall establish a pilot program to facilitate
the appointment of individuals from NASA to the FAA to serve in
temporary technical discipline expert positions relating to
advanced aviation technologies (in this section referred to as
the ``program'').
(2) Considerations.--In developing the program, the
Administrator shall consider--
(A) existing mechanisms of collaboration between
FAA and NASA relating to aeronautics programs, advisory
committees, and work groups;
(B) the degree to which FAA and NASA facilitate
partnerships between subject matter experts to support
the research and development, testing, and
certification of advanced aviation technologies; and
(C) how temporary appointments under the program
may be best used to enhance the technical capacity of
the FAA and technical partnerships between agencies.
(b) Temporary Appointment of NASA Personnel.--
(1) Terms and conditions.--The Administrator, in
coordination with the NASA Administrator, shall identify
qualifying projects or activities at the FAA that would benefit
from temporary appointments of highly qualified, experienced
professionals under the program to enhance technical capacity,
knowledge, skills, and abilities relating to research and
development, certification, and the safe deployment of advanced
aviation technologies. The Administrator and NASA Administrator
shall jointly establish the terms and conditions of service
under the program and issue relevant guidelines related to the
responsibilities and duration of service of participating NASA
personnel. In approving NASA personnel for participation in the
program, the NASA Administrator shall certify that the
temporary appointment of such personnel shall not have an
adverse impact on the post-assignment employment duties of
relevant NASA personnel or an undue adverse impact on the
mission of the agency.
(2) Special rules.--The Administrator shall make clear that
any responsibilities of NASA personnel participating in the
program constitute serving in temporary technical discipline
expert positions at the FAA and are subject to FAA conflict-of-
interest policies and supervision.
(3) Rules for pay and benefits for nasa personnel.--Any
individuals employed by NASA who are participating in the
program shall continue to receive pay and benefits from NASA
and shall not receive pay or benefits from the FAA for the
duration of the program.
(c) Authority to Transfer and Receive Resources.--In supporting the
participation of NASA personnel, the Administrator and NASA
Administrator may authorize the use of NASA technical services,
equipment, software, and facilities without reimbursement to facilitate
cooperation between agencies under the program.
(d) Program Review and Report.--
(1) Review.--The Comptroller General shall conduct a
comprehensive review of the program that includes evaluation of
the impact of the program on improving coordination on projects
and sharing of technical expertise between agencies relating to
advanced aviation technologies.
(2) Report.--Not later than 3 years after the date of
enactment of this section, the Comptroller General shall submit
to the appropriate committees of Congress a report containing
the results of the review conducted under paragraph (1), along
with recommendations for such future action as the Comptroller
General determines appropriate.
SEC. 905. ADVANCING GLOBAL LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT.
Section 181 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101
note) is amended--
(1) in subsection (a), by striking ``regulations, and
standards'' and inserting ``regulations, standards, and
recommended practices''; and
(2) by adding at the end the following new subsection:
``(g) Additional Reports.--
``(1) Initial progress report.--Not later than 1 years
after the date of enactment of this subsection, the
Administrator shall submit to the appropriate committees of
Congress a report describing--
``(A) the progress of the actions described in
subsection (d)(1);
``(B) any planned, proposed, or anticipated action
to update or modify existing policies and regulations
related to civil supersonic aircraft, including those
identified as a result of stakeholder consultation and
feedback (such as landing and takeoff noise); and
``(C) any other information determined appropriate
by the Administrator.
``(2) Subsequent report.--Not later than 2 years after the
date on which the Administrator submits the initial progress
report under paragraph (1), the Administrator shall submit to
the appropriate committees of Congress an updated report on the
progress of the actions described in paragraph (1).''.
SEC. 906. CLEEN ENGINE AND AIRFRAME TECHNOLOGY PARTNERSHIP.
Section 47511 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``subsonic'' after
``fuels for civil''; and
(2) by adding at the end the following:
``(d) Selection.--In carrying out the program, the Administrator
may ensure that not less than 2 of the cooperative agreements entered
into under this section involve the participation of an entity that is
a small business concern (as defined in section 3 of the Small Business
Act (15 U.S.C. 632)), provided that the entity's submitted technology
proposal meets requisite technology readiness levels for entry into the
agreement as determined by the Administrator.''.
SEC. 907. HYPERSONIC FLIGHT TESTING.
(a) In General.--Not later than 2 years after the date of enactment
of this section, the Administrator shall establish procedures for
permitting manned flights in oceanic airspace and overland flights
operating with speeds in excess of Mach 5 and above for the purposes of
developmental and airworthiness testing (including demonstration
flights in areas where such flights will not interfere with the safety
of other aircraft or the efficient use of airspace in the national
airspace system).
(b) Considerations.--In carrying out subsection (a), the
Administrator shall consider--
(1) the provisions of parts 91.817 and 91.818 of title 14,
Code of Federal Regulations;
(2) applications for special flight authorizations for
flights operating with speeds in excess of Mach 5, as described
in such part 91.818;
(3) the environmental impacts of developmental and
airworthiness testing operations;
(4) whether to require applicants to include specification
of proposed flight areas;
(5) the authorization of flights to and from spaceports and
airports in Class D airspace within 10 nautical miles of
oceanic coastline;
(6) developing the vertical limits at or above the altitude
necessary for safe hypersonic operations;
(7) proponent-provided data regarding the design and
operational analysis of the aircraft, as well as data regarding
sonic boom overpressure; and
(8) the safety of the uninvolved public.
SEC. 908. HYPERSONIC PATHWAY TO INTEGRATION STUDY.
(a) Study.--
(1) In general.--The Administrator shall conduct a study
assessing actions necessary to facilitate the safe operation
and integration of hypersonic aircraft into the national
airspace system.
(2) Contents.--The study conducted under paragraph (1)
shall include, at a minimum--
(A) an initial assessment of cross-agency equities
related to hypersonic aircraft technologies and flight;
(B) the identification, development, and collection
of data required to develop certification, flight
standards, and air traffic requirements for the
deployment and integration of hypersonic aircraft;
(C) the development of a framework and timeline to
establish the appropriate regulatory requirements for
conducting hypersonic aircraft flights;
(D) strategic plans to improve the FAA's state of
preparedness and response capability in advance of
receiving applications to conduct hypersonic aircraft
flights; and
(E) a survey of global hypersonic aircraft-related
regulatory and testing developments or activities.
(3) Considerations.--In conducting the study under
paragraph (1), the Administrator may consider--
(A) the feedback and technical expertise of the
aerospace industry and other stakeholders when creating
policies, regulations, and standards that enable the
safe operation and integration of hypersonic aircraft
into the national airspace system;
(B) opportunities for--
(i) demonstrating United States global
leadership in aeronautics, including hypersonic
aircraft and related technologies; and
(ii) strengthening global harmonization in
aeronautics; and
(C) the development of international policies,
regulations, and standards relating to the
certification and safe operation of hypersonic
aircraft.
(4) Consultation.--In conducting the study under paragraph
(1), the Administrator shall consult with representatives from
Federal agencies, industry, and other stakeholders, including--
(A) the National Aeronautics and Space
Administration;
(B) the Department of Defense;
(C) aircraft manufacturers;
(D) institutions of higher education; and
(E) any other stakeholders the Administrator
determines appropriate.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study conducted under
subsection (a), together with recommendations to facilitate the safe
operation and integration of hypersonic aircraft into the national
airspace system.
(c) Definition of Hypersonic.--In this section, the term
``hypersonic'' means an aircraft or flight operating at speeds in
excess of Mach 5 and above.
SEC. 909. OPERATING HIGH-SPEED FLIGHTS IN HIGH ALTITUDE CLASS E
AIRSPACE.
(a) Consultation.--Not later than 12 months after the date of
enactment of this section, the Administrator, in consultation with the
Administrator of the National Aeronautics and Space Administration and
relevant stakeholders, including industry and academia, shall identify
the minimum altitude above the upper boundary of Class A airspace at or
above which flights operating with speeds above Mach 1 generate sonic
booms that are inaudible at the surface under prevailing atmospheric
conditions.
(b) Rulemaking.--Not later than 2 years after the date on which the
Administrator identifies the minimum altitude described in subsection
(a), the Administrator shall publish in the Federal Register a notice
of proposed rulemaking to amend sections 91.817 and 91.818 of title 14,
Code of Federal Regulations, and such other regulations as appropriate,
to permit flight operations with speeds above Mach 1 at or above the
minimum altitude identified under subsection (a) without specific
authorizations, provided that such flight operations--
(1) show compliance with airworthiness requirements;
(2) do not cause a measurable sonic boom overpressure to
reach the surface; and
(3) have ordinary instrument flight rules clearances
necessary to operate in controlled airspace.
SEC. 910. ELECTRIC PROPULSION AIRCRAFT OPERATIONS STUDY.
(a) In General.--Not later than 120 days after the date of
enactment of this section, the Comptroller General shall initiate a
study assessing the safe and scalable operation and integration of
electric aircraft into the national airspace system.
(b) Contents.--The study required under subsection (a) shall
address--
(1) the technical capacity and competencies needed for the
FAA to certify aircraft systems specific to electric aircraft;
(2) the data development and collection required to develop
standards specific to electric aircraft;
(3) the regulatory standards and guidance material needed
to facilitate the safe operation of electric aircraft,
including--
(A) fire protection;
(B) high voltage electromagnetic environments;
(C) engine and human machine interfaces;
(D) reliability of high voltage components and
insulation;
(E) lithium batteries for propulsion use;
(F) operating and pilot qualifications; and
(G) airspace integration;
(4) the airport infrastructure requirements to support
electric aircraft operations, including an assessment of--
(A) existing capabilities of airport infrastructure
as of the date of enactment of this section;
(B) aircraft operations specifications;
(C) projected operations demand by carriers and
other operators;
(D) potential modifications to existing airport
infrastructure;
(E) additional investments in new infrastructure
and systems required to meet operations demand; and
(F) management of infrastructure relating to
hazardous materials used in hybrid and electric
propulsion; and
(5) varying types of electric aircraft, including advanced
air mobility aircraft and small or regional passenger or cargo
aircraft.
(c) Considerations.--In conducting the study under subsection (a),
the Comptroller General may consider the following:
(1) The potential for improvements to air service
connectivity for communities through the deployment of electric
aircraft operations, including by--
(A) establishing routes to small and rural
communities; and
(B) introducing alternative modes of transportation
for multimodal operations within communities.
(2) Impacts to airport-adjacent communities, including
implications due to changes in airspace utilization and land
use compatibility.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this section, the Comptroller General shall submit to the
appropriate committees of Congress a report on the results of the study
conducted under subsection (a), together with recommendations for such
legislation and administrative action as the Comptroller General
determines appropriate.
(e) Definitions.--In this section:
(1) Electric aircraft.--The term ``electric aircraft''
means an aircraft with a fully electric or hybrid electric
driven propulsion system used for flight.
(2) Advanced air mobility.--The term ``advanced air
mobility'' means a transportation system that transports
passengers and cargo by air between two points in the United
States using aircraft with advanced technologies, including
aircraft with hybrid or electric vertical take-off and landing
capabilities, in both controlled and uncontrolled airspace.
SEC. 911. CONTRACT WEATHER OBSERVERS PROGRAM.
Section 2306 of the FAA Extension, Safety, and Security Act of 2016
(P.L. 114-190; 130 Stat. 641) is amended by striking subsection (b) and
inserting the following:
``(b) Continued Use of Contract Weather Observers.--
``(1) In general.--Subject to paragraph (2), the
Administrator may not discontinue or diminish the contract
weather observer program at any airport until September 30,
2028.
``(2) Availability of new technology.--If the Administrator
determines that technology has become available that could
provide equal or better service than the contract weather
observer program, the Administrator may discontinue or diminish
the contract weather observer program at any airport earlier
than the date specified in paragraph (1), but only if, not
later than 180 days before the date on which the Administrator
proposes to discontinue or diminish such program at any
airport, the Administrator notifies the appropriate committees
of Congress of such proposed action and submits information
relating to the determination of the availability of such
technology and the reasoning for such proposed action.''.
SEC. 912. AIRFIELD PAVEMENT TECHNOLOGY PROGRAM.
Using amounts made available under section 48102(a) of title 49,
United States Code, the Secretary may carry out a program for the
research and development of airfield pavement technologies under which
the Secretary makes grants to, and enters into cooperative agreements
with, institutions of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) and nonprofit
organizations that--
(1) research concrete and asphalt pavement technologies
that extend the life of airfield pavements;
(2) develop sustainability and resiliency guidelines to
improve long-term pavement performance;
(3) develop and conduct training with respect to such
airfield pavement technologies;
(4) provide for demonstration projects of such airfield
pavement technologies; and
(5) promote the latest airfield pavement technologies to
aid the development of safer, more cost effective, and more
resilient and sustainable airfield pavements.
SEC. 913. NATIONAL AVIATION RESEARCH PLAN MODIFICATION.
(a) Modification of Submission Deadline.--Section 44501(c)(1) of
title 49, United States Code, is amended by striking ``the date of
submission'' and inserting ``the date that is 45 days after the date of
submission''.
(b) Conforming Amendment.--Section 48102(g) of title 49, United
States Code, is amended by striking ``the date of submission'' and
inserting ``the date that is 45 days after the date of submission''.
SEC. 914. FAA AND NASA RESEARCH AND DEVELOPMENT COORDINATION REVIEW.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator, in coordination
with the Administrator of the National Aeronautics and Space
Administration (in this section referred to as ``NASA'') shall
conduct a review of aeronautics research and development
coordination between Federal agencies and the extent to which
NASA and the FAA can improve collaboration in order to leverage
each other's subject matter expertise relating to civil
aviation projects.
(2) Contents.--In carrying out the review under paragraph
(1), the Administrator shall--
(A) review the extent to which NASA and the FAA
leverage each other's laboratory and testing
capabilities, facilities, resources, and subject matter
expert personnel in support of aeronautics research and
development programs and projects;
(B) assess--
(i) the current fiscal year, and the 3 most
recent fiscal years, of Federal expenditures
for the FAA and NASA's research and development
programs and projects; and
(ii) the extent to which other Federal
agencies, industry partners, and research
organizations are involved in such programs and
projects; and
(C) develop recommendations for the improvement of
coordination, collaboration, and efficiency of
aeronautics research and development programs to reduce
overlap between NASA, the FAA, other Federal agencies,
academia, research organizations, standards groups, and
industry.
(b) Report.--Not later than 180 days after completing the review
under subsection (a), the Administrator shall submit to the appropriate
committees of Congress a report on such review, including the
recommendations developed under subsection (a)(2)(C).
SEC. 915. RESEARCH AND DEVELOPMENT OF FAA'S AERONAUTICAL INFORMATION
SYSTEMS MODERNIZATION ACTIVITIES.
(a) In General.--Not later than 60 days after the date of enactment
of this section, the Administrator, in coordination with the John A.
Volpe National Transportation Systems Center, shall carry out a
research and development program to assist with the continuous
modernization of the FAA's aeronautical information systems, including,
but not limited to--
(1) the Aeronautical Information Management Modernization
(AIMM), including the FAA's Notice to Air Missions (NOTAM)
system;
(2) the Aviation Safety Information Analysis and Sharing
(ASIAS) system; and
(3) the Service Difficulty Reporting System (SDRS).
(b) Review and Report.--
(1) Review.--Not later than 180 days after the date of
enactment of this section, the Administrator shall enter into
an agreement with a Federally funded research and development
center to conduct and complete a review of planned and ongoing
modernization efforts of FAA's aeronautical information
systems. Such review shall identify opportunities for
additional coordination between the FAA and the John A. Volpe
National Transportation Systems Center to further modernize
such systems.
(2) Report.--Not later than 1 year after the Administrator
enters into the agreement with the center under paragraph (1),
the Center shall submit to the Administrator and the
appropriate committees of Congress a report on the review
conducted under paragraph (1), together with such
recommendations as the Center determines appropriate.
SEC. 916. CENTER OF EXCELLENCE FOR ALTERNATIVE JET FUELS AND
ENVIRONMENT.
(a) In General.--Chapter 445 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 44520. Center of Excellence for Alternative Jet Fuels and
Environment
``(a) In General.--During the period beginning on the date of
enactment of this section and ending on September 30, 2028, the
Administrator of the Federal Aviation Administration (in this section
referred to as the `Administrator') shall continue operation of the
Center of Excellence for Alternative Jet Fuels and Environment (in this
section referred to as the `Center') under its structure as in effect
on January 1, 2023.
``(b) Responsibilities.--The Center shall--
``(1) focus on research to--
``(A) assist in the development, qualification, and
certification of the use of aviation fuel from
alternative and renewable sources (such as biomass,
alcohols, organic acids, hydrogen, and gaseous carbon)
for commercial aircraft;
``(B) assist in informing the safe use of
alternative aviation fuels in commercial aircraft that
also apply electrified aircraft propulsion systems;
``(C) reduce community exposure to civilian
aircraft noise and pollutant emissions;
``(D) inform decision making to support United
States leadership on international aviation
environmental issues, including the development of
domestic and international standards; and
``(E) improve and expand the scientific
understanding of civil aviation noise and pollutant
emissions and their impacts, as well as support the
development of improved modeling approaches and tools;
and
``(2) examine the use of novel technologies and other forms
of innovation to reduce noise, emissions, and fuel burn in
commercial aircraft.
``(c) Grant Authority.--The Administrator shall carry out the work
of the Center through the use of grants or other measures as determined
appropriate by the Administrator pursuant to section 44513, including
through interagency agreements with other Federal agencies.
``(d) Participation.--
``(1) Participation of educational and research
institutions.--In carrying out the responsibilities described
in subsection (b), the Center shall include, as appropriate,
participation by--
``(A) higher education and research institutions
that--
``(i) have existing facilities for
research, development, and testing; and
``(ii) leverage private sector
partnerships;
``(B) other Federal agencies;
``(C) consortia with experience across the
alternative fuels supply chain, including with
research, feedstock development and production, small-
scale development, testing, and technology evaluation
related to the creation, processing, production, and
transportation of alternative aviation fuel; and
``(D) consortia with experience in innovative
technologies to reduce noise, emissions, and fuel burn
in commercial aircraft.
``(2) Use of nasa facilities.--The Center shall consider
utilizing the existing capacity in aeronautics research at the
Langley Research Center, NASA John H. Glenn Center at the Neil
A. Armstrong Test Facility, and other appropriate facilities of
the National Aeronautics and Space Administration.''.
(b) Clerical Amendment.--The analysis for chapter 445 of such title
is amended by inserting after the item relating to section 44519 the
following:
``44520. Center of Excellence for Alternative Jet Fuels and
Environment.''.
SEC. 917. AIRCRAFT NOISE ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish an
Aircraft Noise Advisory Committee (in this section referred to as the
``Advisory Committee)'' to advise the Administrator on issues facing
the aviation community that are related to aircraft noise exposure and
existing FAA noise policies and regulations.
(b) Membership.--The Administrator shall appoint the members of the
Advisory Committee, which shall be comprised of--
(1) at least 1 representative of each of--
(A) engine manufacturers;
(B) air carriers;
(C) airport owners or operators;
(D) aircraft manufacturers;
(E) advanced air mobility manufacturers or
operators;
(F) institutions of higher education; and
(G) the National Aeronautics and Space
Administration; and
(2) representatives of airport-adjacent communities from
geographically diverse regions.
(c) Duties.--The duties of the Advisory Committee shall include--
(1) the evaluation of existing research on aircraft noise
impacts and annoyance;
(2) the assessment of alternative noise metrics that could
be used to supplement or replace the existing Day Night Level
(DNL) standard;
(3) the evaluation of the current 65-decibel exposure
threshold, including the impact to land use compatibility
around airports if such threshold was lowered;
(4) the evaluation of current noise mitigation strategies
and the community engagement efforts by the FAA with respect to
changes in airspace utilization, such as the integration of new
entrants and usage of performance-based navigation; and
(5) other duties determined appropriate by the
Administrator.
(d) Reports.--
(1) In general.--Not later than 1 year after the date of
establishment of the Advisory Committee, the Advisory Committee
shall submit to the Administrator a report on any recommended
changes to current aviation noise policies.
(2) Report to congress.--Not later than 180 days after the
date the Administrator receives the report under paragraph (1),
the Administrator shall submit to the appropriate committees of
Congress a report containing the recommendations made by the
Advisory Committee.
(e) Congressional Briefing.--Not later than 30 days after
submission of the report under paragraph (2), the Administrator shall
brief the appropriate committees of Congress on how the Administrator
plans to implement recommendations contained in the report and, for
each recommendation that the Administrator does not plan to implement,
the Administrator's reason for not implementing the recommendation.
TITLE X--MISCELLANEOUS
SEC. 1001. NOISE MITIGATION.
(a) Requirements for Landing and Departing Aircraft.--
(1) Landing aircraft.--All aircraft landing at Boise
Airport (BOI) that will be facing west on the runway when
landing on runways 10R and 10L shall travel over a circle on
the ground (the center of which is located at 4337'45.3" N,
11624'49.3" W, and the radius of which is 2 miles) at an
altitude of not less than 5,000 feet when passing over such
circle. All aircraft approaching from the west shall fly a
straight vector from the above described circle to the Boise
Airport (BOI) runway on which it is landing.
(2) Departing aircraft.--All aircraft departing the Boise
Airport (BOI) to the west on runways 28R and 28L shall travel
over the circle described in paragraph (1) and in such a manner
as the aircraft is at least 5,000 feet in altitude as it passes
over the circle. All aircraft departing the Boise Airport (BOI)
to the west shall fly a straight vector from the Boise Airport
(BOI) runway the aircraft is leaving, to the such circle and
only after leaving the circle shall the aircraft change
vectors.
(b) Applicability.--Subject to subsection (c), this requirement
shall apply to and regulate all entities and persons including, but not
limited to the FAA, FAA Employees and their contractors and agents, all
branches of the United States Military, air traffic controllers,
pilots, co-pilots, and all other persons and entities directing or
controlling any aircraft landing at or departing Boise Airport (BOI) in
Boise, Idaho. This requirement shall only apply to commercial aviation,
military aviation, and general aviation aircraft that weigh 12,500
pounds of maximum takeoff weight or more.
(c) Exception.--This regulation shall not apply during a bono fide
safety emergency applicable to a single flight.
(d) Enforcement.--A violation of this section shall be a
misdemeanor and violators shall be liable for civil damages.
TITLE XI--TECHNICAL CORRECTIONS
SEC. 1101. TECHNICAL CORRECTIONS.
(a) Disposal of Property.--Section 40110(c)(4) of title 49, United
States Code, is amended by striking ``subsection (a)(2)'' and inserting
``subsection (a)(3)''.
(b) Civil Penalty.--Section 44704(f) of title 49, United States
Code, is amended by striking ``subsection (a)(6)'' and inserting
``subsection (d)(3)''.
(c) Sunset of Rule.--Section 44729 of title 49, United States Code,
is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (h) as (d)
through (g), respectively.
(d) Public Disclosure of Information.--Section 44735 of title 49,
United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, nor by any agency receiving information
from the Administrator,'' after ``Federal Aviation
Administration''; and
(B) in paragraph (2), by inserting ``or for any
other purpose regarding the development and
implementation of a safety management system acceptable
to the Administrator'' before the period at the end;
and
(2) by adding at the end the following new subsection:
``(d) Applicability to the National Transportation Safety Board.--
This section shall not be construed to limit the National
Transportation Safety Board's accident or incident investigation
authority under chapter 11 of this title, including the requirement to
not disclose voluntarily provided safety-related information under
section 1114.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.
Committee on Commerce, Science, and Transportation. Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 335.
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