MUR24306 DVY

S.L.C.

AMENDMENT NO.llll

Calendar No.lll

Purpose: In the nature of a substitute.
IN THE SENATE OF THE UNITED STATES—118th Cong., 2d Sess.

H. R. 3935
To amend title 49, United States Code, to reauthorize andimprove the Federal Aviation Administration and othercivil aviation programs, and for other purposes.
Referred to the Committee on llllllllll andordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by Ms. CANTWELL (for herself, Mr.
CRUZ, Ms. DUCKWORTH, and Mr. MORAN)
Viz:
1

Strike all after the enacting clause and insert the fol-

2 lowing:
3
4

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘FAA Reauthorization Act of 2024’’.
6(b) TABLE OF CONTENTS.—The table of contents for7 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 planningand programs.
Sec. 102. Facilities and equipment.
Sec. 103. Operations.

MUR24306 DVY

S.L.C.

2
Sec. 104. Extension of miscellaneous expiring authorities.
TITLE II—FAA OVERSIGHT AND ORGANIZATIONAL REFORM
Sec. 201. FAA leadership.
Sec. 202. Assistant Administrator for Rulemaking and Regulatory Improvement.
Sec. 203. Prohibition on conflicting pecuniary interests.
Sec. 204. Authority of Secretary and Administrator.
Sec. 205. Regulatory materials improvement.
Sec. 206. Future of NextGen.
Sec. 207. Airspace Modernization Office.
Sec. 208. Application dashboard and feedback portal.
Sec. 209. Sense of Congress on FAA engagement during rulemaking activities.
Sec. 210. Civil Aeromedical Institute.
Sec. 211. Management Advisory Council.
Sec. 212. Chief Operating Officer.
Sec. 213. Report on unfunded capital investment needs of air traffic control
system.
Sec. 214. Chief Technology Officer.
Sec. 215. Definition of air traffic control system.
Sec. 216. Peer review of Office of Whistleblower Protection and Aviation Safety
Investigations.
Sec. 217. Cybersecurity lead.
Sec. 218. Eliminating FAA reporting and unnecessary requirements.
Sec. 219. Authority to use electronic service.
Sec. 220. Safety and efficiency through digitization of FAA systems.
Sec. 221. FAA telework.
Sec. 222. Review of office space.
Sec. 223. Restoration of authority.
Sec. 224. FAA participation in industry standards organizations.
Sec. 225. Sense of Congress on use of voluntary consensus standards.
Sec. 226. Required designation.
Sec. 227. Administrative Services Franchise Fund.
Sec. 228. Commercial preference.
Sec. 229. Advanced Aviation Technology and Innovation Steering Committee.
Sec. 230. Review and updates of categorical exclusions.
TITLE III—AVIATION SAFETY IMPROVEMENTS
Subtitle A—General Provisions
Sec. 301. Helicopter air ambulance operations.
Sec. 302. Global aircraft maintenance safety improvements.
Sec. 303. ODA best practice sharing.
Sec. 304. Training of organization delegation authorization unit members.
Sec. 305. Clarification on safety management system information disclosure.
Sec. 306. Reauthorization of certain provisions of the Aircraft Certification,
Safety, and Accountability Act.
Sec. 307. Continued oversight of FAA compliance program.
Sec. 308. Scalability of safety management systems.
Sec. 309. Review of safety management system rulemaking.
Sec. 310. Independent study on future state of type certification processes.
Sec. 311. Use of advanced tools and high-risk flight testing in certifying aerospace products.
Sec. 312. Transport airplane and propulsion certification modernization.

MUR24306 DVY

S.L.C.

3
Sec. 313. Fire protection standards.
Sec. 314. Risk model for production facility inspections.
Sec. 315. Review of FAA use of aviation safety data.
Sec. 316. Weather reporting systems study.
Sec. 317. GAO study on expansion of the FAA weather camera program.
Sec. 318. Audit on aviation safety in era of wireless connectivity.
Sec. 319. Safety data analysis for aircraft without transponders.
Sec. 320. Crash-resistant fuel systems in rotorcraft.
Sec. 321. Reducing turbulence-related injuries on part 121 aircraft operations.
Sec. 322. Study on radiation exposure.
Sec. 323. Study on impacts of temperature in aircraft cabins.
Sec. 324. Lithium–ion powered wheelchairs.
Sec. 325. National simulator program policies and guidance.
Sec. 326. Briefing on agricultural application approval timing.
Sec. 327. Sense of Congress regarding safety and security of aviation infrastructure.
Sec. 328. Restricted category aircraft maintenance and operations.
Sec. 329. Aircraft interchange agreement limitations.
Sec. 330. Task Force on human factors in aviation safety.
Sec. 331. Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures.
Sec. 332. ASOS/AWOS service report dashboard.
Sec. 333. Helicopter safety.
Sec. 334. Review and incorporation of human readiness levels into agency guidance material.
Sec. 335. Service difficulty reports.
Sec. 336. Consistent and timely pilot checks for air carriers.
Sec. 337. Flight service stations.
Sec. 338. Tarmac operations monitoring study.
Sec. 339. Improved safety in rural areas.
Sec. 340. Study on FAA use of mandatory Equal Access to Justice Act waivers.
Sec. 341. Airport air safety.
Sec. 342. Don Young Alaska Aviation Safety Initiative.
Sec. 343. Accountability and compliance.
Sec. 344. Changed product rule reform.
Sec. 345. Administrative authority for civil penalties.
Sec. 346. Study on airworthiness standards compliance.
Sec. 347. Zero tolerance for near misses, runway incursions, and surface safety
risks.
Sec. 348. Improvements to Aviation Safety Information Analysis and Sharing
Program.
Sec. 349. Instructions for continued airworthiness aviation rulemaking committee.
Sec. 350. Secondary cockpit barriers.
Sec. 351. Part 135 duty and rest.
Sec. 352. Flight data recovery from overwater operations.
Sec. 353. Ramp worker safety call to action.
Sec. 354. Voluntary reporting protections.
Sec. 355. Tower marking notice of proposed rulemaking.
Sec. 356. Promotion of civil aeronautics and safety of air commerce.
Sec. 357. Educational and professional development.
Sec. 358. Global aviation safety.
Sec. 359. Availability of personnel for inspections, site visits, and training.
Sec. 360. Wildfire suppression.

MUR24306 DVY

S.L.C.

4
Sec. 361. Continuous aircraft tracking and transmission for high altitude balloons.
Sec. 362. Cabin air safety.
Sec. 363. Commercial air tour and sport parachuting safety.
Sec. 364. Hawaii air noise and safety task force.
Sec. 365. Modernization and improvements to aircraft evacuation.
Sec. 366. 25-hour cockpit voice recorder.
Sec. 367. Sense of Congress regarding mandated contents of onboard emergency medical kits.
Sec. 368. Passenger aircraft first aid and emergency medical kit equipment andtraining.
Sec. 369. International aviation safety assessment program.
Sec. 370. Whistleblower protection enforcement.
Sec. 371. Civil penalties for whistleblower protection program violations.
Sec. 372. Enhanced qualification program for restricted airline transport pilot
certificate.
Subtitle B—Aviation CybersecuritySec. 391. Findings.
Sec. 392. Aerospace product safety.
Sec. 393. Federal Aviation Administration regulations, policy, and guidance.
Sec. 394. Securing aircraft avionics systems.
Sec. 395. Civil aviation cybersecurity rulemaking committee.
Sec. 396. GAO report on cybersecurity of commercial aviation avionics.
TITLE IV—AEROSPACE WORKFORCE
Sec. 401. Repeal of duplicative or obsolete workforce programs.
Sec. 402. Civil airmen statistics.
Sec. 403. Bessie Coleman Women in Aviation Advisory Committee.
Sec. 404. FAA engagement and collaboration with HBCUs and MSIs.
Sec. 405. Airman knowledge testing working group.
Sec. 406. Airman Certification Standards.
Sec. 407. Airman’s Medical Bill of Rights.
Sec. 408. Improved designee misconduct reporting process.
Sec. 409. Report on safe uniform options for certain aviation employees.
Sec. 410. Human factors professionals.
Sec. 411. Aeromedical innovation and modernization working group.
Sec. 412. Frontline manager workload study.
Sec. 413. Medical Portal Modernization Task Group.
Sec. 414. Study of high school aviation maintenance training programs.
Sec. 415. Improved access to air traffic control simulation training.
Sec. 416. Air traffic controller instructor recruitment, hiring, and retention.
Sec. 417. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes.
Sec. 418. Pilot program to provide veterans with pilot training services.
Sec. 419. Providing non-Federal weather observer training to airport personnel.
Sec. 420. Prohibition of remote dispatching.
Sec. 421. Crewmember pumping guidance.
Sec. 422. GAO study and report on extent and effects of commercial aviation
pilot shortage on regional/commuter carriers.
Sec. 423. Report on implementation of recommendations of Federal Aviation
Administration Youth Access to American Jobs in Aviation
Task Force.

MUR24306 DVY

S.L.C.

5
Sec. 424. Sense of Congress on improving unmanned aircraft system staffing
at FAA.
Sec. 425. Joint aviation employment training working group.
Sec. 426. Military aviation maintenance technicians rule.
Sec. 427. Crewmember self-defense training.
Sec. 428. Direct-hire authority utilization.
Sec. 429. FAA Workforce review audit.
Sec. 430. Staffing model for aviation safety inspectors.
Sec. 431. Safety-critical staffing.
Sec. 432. Deterring crewmember interference.
Sec. 433. Use of biographical assessments.
Sec. 434. Employee assault prevention and response plan standards and bestpractices.
Sec. 435. Formal policy on sexual assault and harassment on air carriers.
Sec. 436. Interference with security screening personnel.
Sec. 437. Air traffic control workforce staffing.
Sec. 438. Airport service workforce analysis.
Sec. 439. Federal Aviation Administration Academy and facility expansion
plan.
Sec. 440. Improving Federal aviation workforce development programs.
Sec. 441. National strategic plan for aviation workforce development.
TITLE V—PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A—Consumer Enhancements
Sec. 501. Establishment of Office of Aviation Consumer Protection.
Sec. 502. Additional within and beyond perimeter slot exemptions at Ronald
Reagan Washington National Airport.
Sec. 503. Refunds.
Sec. 504. Know Your Rights posters.
Sec. 505. Access to customer service assistance for all travelers.
Sec. 506. Airline customer service dashboards.
Sec. 507. Increase in civil penalties.
Sec. 508. Advisory committee for aviation consumer protection.
Sec. 509. Extension of aviation consumer advocate reporting requirement.
Sec. 510. Codification of consumer protection provisions.
Sec. 511. Bureau of Transportation Statistics.
Sec. 512. Reimbursement for incurred costs.
Sec. 513. Streamlining of offline ticket disclosures.
Sec. 514. GAO study on competition and consolidation in the air carrier industry.
Sec. 515. GAO study and report on the operational preparedness of air carriers
for certain events.
Sec. 516. Family seating.
Sec. 517. Passenger experience advisory committee.
Sec. 518. Updating passenger information requirement regulations.
Sec. 519. Seat dimensions.
Sec. 520. Modernization of consumer complaint submissions.
Subtitle B—Accessibility
Sec. 541. Air Carrier Access Act advisory committee.
Sec. 542. Improved training standards for assisting passengers who use wheelchairs.
Sec. 543. Training standards for stowage of wheelchairs and scooters.

MUR24306 DVY

S.L.C.

6
Sec. 544. Mobility aids on board improve lives and empower all.
Sec. 545. Prioritizing accountability and accessibility for aviation consumers.
Sec. 546. Accommodations for qualified individuals with disabilities.
Sec. 547. Equal accessibility to passenger portals.
Sec. 548. Aircraft access standards.
Sec. 549. Investigation of complaints.
Sec. 550. Removal of outdated references to passengers with disabilities.
Sec. 551. On-board wheelchairs in aircraft cabin.
Sec. 552. Aircraft accessibility.
Subtitle C—Air Service Development
Sec. 561. Essential air service reforms.
Sec. 562. Small community air service development grants.
Sec. 563. GAO study and report on the alternate essential air service pilot program.
Sec. 564. Essential air service in parts of Alaska.
Sec. 565. Essential air service community petition for review.
Sec. 566. Essential air service authorization.
Sec. 567. GAO study on costs of essential air service.
Sec. 568. Response time for applications to provide essential air service.
Sec. 569. GAO study on certain airport delays.
Sec. 570. Report on restoration of small community air service.
TITLE VI—MODERNIZING THE NATIONAL AIRSPACE SYSTEM
Sec. 601. Instrument landing system installation.
Sec. 602. Navigation aids study.
Sec. 603. NextGen accountability review.
Sec. 604. Airspace access.
Sec. 605. FAA contract tower workforce audit.
Sec. 606. Air traffic control tower safety.
Sec. 607. Air traffic services data reports.
Sec. 608. Consideration of small hub control towers.
Sec. 609. Flight profile optimization.
Sec. 610. Extension of enhanced air traffic services pilot program.
Sec. 611. Federal contact tower wage determinations and positions.
Sec. 612. Briefing on radio communications coverage around mountainous terrain.
Sec. 613. Aeronautical mobile communications services.
Sec. 614. Delivery of clearance to pilots via internet protocol.
Sec. 615. Study on congested airspace.
Sec. 616. Briefing on LIT VORTAC project.
Sec. 617. Surface surveillance.
Sec. 618. Consideration of third-party services.
Sec. 619. NextGen programs.
Sec. 620. Contract Tower Program.
Sec. 621. Remote towers.
Sec. 622. Audit of legacy systems.
Sec. 623. Air Traffic Control Facility Realignment study.
Sec. 624. Air traffic control tower replacement process report.
Sec. 625. Contract tower program safety enhancements.
Sec. 626. Sense of Congress on use of advanced surveillance in oceanic airspace.
Sec. 627. Low-altitude routes for vertical flight.

MUR24306 DVY

S.L.C.

7
Sec. 628. Required consultation with National Parks Overflights Advisory
Group.
Sec. 629. Upgrading and replacing aging air traffic systems.
Sec. 630. Airspace integration for space launch and reentry.
Sec. 631. Update to FAA order on airway planning standard.
TITLE VII—MODERNIZING AIRPORT INFRASTRUCTURE
Subtitle A—Airport Improvement Program Modifications
Sec. 701. Development of airport plans.
Sec. 702. AIP definitions.
Sec. 703. Revenue diversion penalty enhancement.
Sec. 704. Extension of competitive access report requirement.
Sec. 705. Renewal of certain leases.
Sec. 706. Community use of airport land.
Sec. 707. Price adjustment provisions.
Sec. 708. Updating United States Government’s share of project costs.
Sec. 709. Allowable project costs and letters of intent.
Sec. 710. Small airport letters of intent.
Sec. 711. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of
United States entities.
Sec. 712. Apportionments.
Sec. 713. PFC turnback reduction.
Sec. 714. Airport safety and resilient infrastructure discretionary program.
Sec. 715. Special carryover assumption rule.
Sec. 716. Small airport fund.
Sec. 717. Revision of discretionary categories.
Sec. 718. Discretionary fund for terminal development costs.
Sec. 719. Protecting general aviation airports from closure.
Sec. 720. State block grant program.
Sec. 721. Innovative financing techniques.
Sec. 722. Long-term management plans.
Sec. 723. Alternative project delivery.
Sec. 724. Nonmovement area surveillance surface display systems pilot program.
Sec. 725. Airport accessibility.
Sec. 726. General aviation airport runway extension pilot program.
Sec. 727. Repeal of obsolete criminal provisions.
Sec. 728. Transfers of air traffic systems acquired with AIP funding.
Sec. 729. National priority system formulas.
Sec. 730. Minority and disadvantaged business participation.
Sec. 731. Extension of provision relating to airport access roads in remote locations.
Sec. 732. Populous counties without airports.
Sec. 733. AIP handbook update.
Sec. 734. GAO audit of airport financial reporting program.
Sec. 735. GAO study of onsite airport generation.
Sec. 736. Transportation demand management at airports.
Sec. 737. Coastal airports assessment.
Sec. 738. Airport investment partnership program.
Sec. 739. Special rule for reclassification of certain unclassified airports.
Sec. 740. Permanent solar powered taxiway edge lighting systems.
Sec. 741. Secondary runways.

MUR24306 DVY

S.L.C.

8
Sec. 742. Increasing energy efficiency of airports and meeting current and future energy power demands.
Sec. 743. Review of airport layout plans.
Sec. 744. Protection of safe and efficient use of airspace at airports.
Sec. 745. Electric aircraft infrastructure pilot program.
Sec. 746. Curb management practices.
Sec. 747. Notice of funding opportunity.
Sec. 748. Runway safety projects.
Sec. 749. Airport diagram terminology.
Sec. 750. GAO study on fee transparency by fixed based operators.
Sec. 751. Minority and disadvantaged business participation.
Sec. 752. Prohibition on certain runway length requirements.
Sec. 753. Report on Indo-Pacific airports.
Sec. 754. GAO study on implementation of grants at certain airports.
Sec. 755. GAO study on transit access.
Sec. 756. Banning Municipal Airport.
Sec. 757. Disputed changes of sponsorship at federally obligated, publicly
owned airport.
Sec. 758. Procurement regulations applicable to FAA multimodal projects.
Sec. 759. Buckeye 940 release of deed restrictions.
Sec. 760. Washington, DC Metropolitan Area Special Flight Rules Area.
Sec. 761. Study on air cargo operations in Puerto Rico.
Sec. 762. Progress reports on the national transition plan related to a fluorinefree firefighting foam.
Sec. 763. Report on airport notifications.
Sec. 764. Study on competition and airport access.
Sec. 765. Regional airport capacity study.
Sec. 766. Study on autonomous and electric-powered track systems.
Sec. 767. PFAS-related resources for airports.
Sec. 768. Limitation on certain rolling stock procurements.
Sec. 769. Maintaining safe fire and rescue staffing levels.
Sec. 770. Grant assurances.
Sec. 771. Aviation fuel in Alaska.
Subtitle B—Passenger Facility Charges
Sec. 775. Additional permitted uses of passenger facility charge revenue.
Sec. 776. Passenger facility charge streamlining.
Subtitle C—Noise And Environmental Programs And Streamlining
Sec. 781. Streamlining consultation process.
Sec. 782. Repeal of burdensome emissions credit requirements.
Sec. 783. Expedited environmental review and one Federal decision.
Sec. 784. Subchapter III definitions.
Sec. 785. Pilot program extension.
Sec. 786. Part 150 noise standards update.
Sec. 787. Reducing community aircraft noise exposure.
Sec. 788. Categorical exclusions.
Sec. 789. Updating presumed to conform limits.
Sec. 790. Recommendations on reducing rotorcraft noise in District of Columbia.
Sec. 791. UFP study.
Sec. 792. Aircraft Noise Advisory Committee.
Sec. 793. Community collaboration program.
Sec. 794. Information sharing requirement.

MUR24306 DVY

S.L.C.

9
Sec. 795. Mechanisms to reduce helicopter noise.
TITLE VIII—GENERAL AVIATION
Sec. 801. Reexamination of pilots or certificate holders.
Sec. 802. GAO review of Pilot’s Bill of Rights.
Sec. 803. Data privacy.
Sec. 804. Accountability for aircraft registration numbers.
Sec. 805. Timely resolution of investigations.
Sec. 806. All makes and models authorization.
Sec. 807. Response to letter of investigation.
Sec. 808. ADS-B out equipage study; Vehicle-to-Vehicle link program.
Sec. 809. Ensuring safe landings during off-airport operations.
Sec. 810. Development of low-cost voluntary ADS–B.
Sec. 811. Airshow safety team.
Sec. 812. Aircraft registration validity during renewal.
Sec. 813. Temporary airman certificates.
Sec. 814. Letter of deviation authority.
Sec. 815. BasicMed for examiners administering tests or proficiency checks.
Sec. 816. Designee locator tool improvements.
Sec. 817. Deadline to eliminate aircraft registration backlog.
Sec. 818. Part 135 air carrier certificate backlog.
Sec. 819. Enhancing processes for authorizing aircraft for service in commuterand on-demand operations.
Sec. 820. Flight instructor certificates.
Sec. 821. Consistency of policy application in flight standards and aircraft certification.
Sec. 822. Application of policies, orders, and guidance.
Sec. 823. Expansion of the regulatory consistency communications board.
Sec. 824. Modernization of special airworthiness certification rulemaking deadline.
Sec. 825. Exclusion of gyroplanes from fuel system requirements.
Sec. 826. Public aircraft flight time logging eligibility.
Sec. 827. EAGLE initiative.
Sec. 828. Expansion of BasicMed.
Sec. 829. Prohibition on using ADS–B out data to initiate an investigation.
Sec. 830. Charitable flight fuel reimbursement exemptions.
Sec. 831. GAO report on charitable flights.
Sec. 832. Flight instruction or testing.
Sec. 833. National coordination and oversight of designated pilot examiners.
Sec. 834. Part 135 pilot supplemental oxygen requirement.
TITLE IX—NEW ENTRANTS AND AEROSPACE INNOVATION
Subtitle A—Unmanned Aircraft Systems
Sec. 901. Definitions.
Sec. 902. Unmanned aircraft in the Arctic.
Sec. 903. Small UAS safety standards technical corrections.
Sec. 904. Airport safety and airspace hazard mitigation and enforcement.
Sec. 905. Radar data pilot program.
Sec. 906. Electronic conspicuity study.
Sec. 907. Remote identification alternative means of compliance.
Sec. 908. Part 107 waiver improvements.
Sec. 909. Environmental review and noise certification.
Sec. 910. Unmanned aircraft system use in wildfire response.

MUR24306 DVY

S.L.C.

10
Sec. 911. Pilot program for UAS inspections of FAA infrastructure.
Sec. 912. Drone infrastructure inspection grant program.
Sec. 913. Drone education and workforce training grant program.
Sec. 914. Drone workforce training program study.
Sec. 915. Termination of Advanced Aviation Advisory Committee.
Sec. 916. Unmanned and Autonomous Flight Advisory Committee.
Sec. 917. NextGen Advisory Committee membership expansion.
Sec. 918. Interagency coordination.
Sec. 919. Review of regulations to enable unescorted UAS operations.
Sec. 920. Extension of BEYOND program.
Sec. 921. UAS integration strategy.
Sec. 922. Extension of Know Before You Fly campaign.
Sec. 923. Public aircraft definition.
Sec. 924. FAA comprehensive plan on UAS automation.
Sec. 925. UAS test ranges.
Sec. 926. Public safety use of tethered UAS.
Sec. 927. Extending special authority for certain unmanned aircraft systems.
Sec. 928. Recreational operations of drone systems.
Sec. 929. Applications for designation.
Sec. 930. Beyond visual line of sight operations for unmanned aircraft systems.
Sec. 931. Acceptable levels of risk and risk assessment methodology.
Sec. 932. Third-party service approvals.
Sec. 933. Special authority for transport of hazardous materials by commercial
package delivery unmanned aircraft systems.
Sec. 934. Operations over high seas.
Sec. 935. Protection of public gatherings.
Sec. 936. Covered drone prohibition.
Subtitle B—Advanced Air Mobility
Sec. 951. Definitions.
Sec. 952. Sense of Congress on FAA leadership in advanced mobility.
Sec. 953. Application of National Environmental Policy Act categorical exclusions for vertiport projects.
Sec. 954. Advanced Air Mobility Working Group amendments.
Sec. 955. Rules for operation of powered-lift aircraft.
Sec. 956. Advanced propulsion systems regulations.
Sec. 957. Powered-lift aircraft entry into service.
Sec. 958. Infrastructure supporting vertical flight.
Sec. 959. Charting of aviation infrastructure.
Sec. 960. Advanced air mobility infrastructure pilot program extension.
Sec. 961. Center for Advanced Aviation Technologies.
TITLE X—RESEARCH AND DEVELOPMENT
Subtitle A—General Provisions
Sec. 1001. Definitions.
Sec. 1002. Research, engineering, and development authorization of appropriations.
Sec. 1003. Report on implementation; funding for safety research and development.
Sec. 1004. National aviation research plan modification.
Sec. 1005. Advanced Materials Center of Excellence enhancements.
Sec. 1006. Center of Excellence for Unmanned Aircraft Systems.
Sec. 1007. ASSUREd Safe credentialing authority.

MUR24306 DVY

S.L.C.

11
Sec. 1008. CLEEN engine and airframe technology partnership.
Sec. 1009. High-speed flight testing.
Sec. 1010. High-speed aircraft pathway to integration study.
Sec. 1011. Operating high-speed flights in high altitude Class E airspace.
Sec. 1012. Electric propulsion aircraft operations study.
Sec. 1013. Contract weather observers program.
Sec. 1014. Airfield pavement technology program.
Sec. 1015. Review of FAA management of research and development.
Sec. 1016. Research and development of FAA’s aeronautical information systems modernization activities.
Sec. 1017. Center of Excellence for Alternative Jet Fuels and Environment.
Sec. 1018. Next generation radio altimeters.
Sec. 1019. Hydrogen aviation strategy.
Sec. 1020. Aviation fuel systems.
Sec. 1021. Air traffic surveillance over United States controlled oceanic airspace and other remote locations.
Sec. 1022. Aviation weather technology review.
Sec. 1023. Air traffic surface operations safety.
Sec. 1024. Technology review of artificial intelligence and machine learningtechnologies.
Sec. 1025. Research plan for commercial supersonic research.
Sec. 1026. Electromagnetic spectrum research and development.
Sec. 1027. Research plan on the remote tower program.
Sec. 1028. Air traffic control training.
Sec. 1029. Report on aviation cybersecurity directives.
Sec. 1030. Turbulence research and development.
Sec. 1031. Rule of construction regarding collaborations.
Sec. 1032. Limitation.
Subtitle B—Unmanned Aircraft Systems and Advanced Air Mobility
Sec. 1041. Definitions.
Sec. 1042. Interagency working group.
Sec. 1043. Strategic research plan.
Sec. 1044. Federal Aviation Administration unmanned aircraft system and advanced air mobility research and development.
Sec. 1045. Partnerships for research, development, demonstration, and testing.
TITLE XI—MISCELLANEOUS
Sec. 1101. Technical corrections.
Sec. 1102. Transportation of organs.
Sec. 1103. Acceptance of digital driver’s license and identification cards.
Sec. 1104. Quasquicentennial of aviation.
Sec. 1105. Limitations for certain cargo aircraft.
Sec. 1106. Prohibition on mandates.
Sec. 1107. COVID–19 vaccination status.
Sec. 1108. Rulemaking related to operating high-speed flights in high altitude
Class E airspace.
Sec. 1109. FAA leadership in hydrogen aviation.
Sec. 1110. Advancing global leadership on civil supersonic aircraft.
Sec. 1111. Learning period.
Sec. 1112. Counter-UAS authorities.
Sec. 1113. Study on air cargo operations.
Sec. 1114. Wing-in-ground-effect craft.
Sec. 1115. Certificates of authorization or waiver.

MUR24306 DVY

S.L.C.

12
TITLE XII—NATIONAL TRANSPORTATION SAFETY BOARD
Sec. 1201. Short title.
Sec. 1202. Authorization of appropriations.
Sec. 1203. Clarification of treatment of territories.
Sec. 1204. Additional workforce training.
Sec. 1205. Overtime annual report termination.
Sec. 1206. Strategic workforce plan.
Sec. 1207. Travel budgets.
Sec. 1208. Nondisclosure of interview recordings.
Sec. 1209. Board justification of closed unacceptable recommendations.
Sec. 1210. Miscellaneous investigative authorities.
Sec. 1211. Public availability of accident reports.
Sec. 1212. Ensuring accountability for timeliness of reports.
Sec. 1213. Ensuring access to data.
Sec. 1214. Public availability of safety recommendations.
Sec. 1215. Improving delivery of family assistance.
Sec. 1216. Updating civil penalty authority.
Sec. 1217. Electronic availability of public docket records.
Sec. 1218. Drug-free workplace.
Sec. 1219. Accessibility in workplace.
Sec. 1220. Most Wanted List.
Sec. 1221. Technical corrections.
Sec. 1222. Air safety investigators.
Sec. 1223. Review of National Transportation Safety Board procurements.
TITLE XIII—REVENUE PROVISIONS
Sec. 1301. Expenditure authority from airport and airway trust fund.
Sec. 1302. Extension of taxes funding airport and airway trust fund.

1

SEC. 2. DEFINITIONS.

2

In this Act:

3(1) ADMINISTRATOR.—Unless otherwise speci-

4fied, the term ‘‘Administrator’’ means the Adminis-

5

trator of the Federal Aviation Administration.

6(2)

APPROPRIATECOMMITTEES

OF

CON-

7

GRESS.—The term ‘‘appropriate committees of Con-8

gress’’ means the Committee on Commerce, Science,9and Transportation of the Senate and the Com-10

mittee on Transportation and Infrastructure of the

11

House of Representatives.

MUR24306 DVY

S.L.C.

13(3)

1

COMPTROLLER

GENERAL.—The

term

2

‘‘Comptroller General’’ means the Comptroller Gen-3

eral of the United States.
(4) FAA.—The term ‘‘FAA’’ means the Fed-45eral Aviation Administration.
(5) NEXTGEN.—The term ‘‘NextGen’’ means

67

the Next Generation Air Transportation System.

8(6) SECRETARY.—Unless otherwise specified,9

the term ‘‘Secretary’’ means the Secretary of Trans-

10

portation.

11

TITLE I—AUTHORIZATIONS

12SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND

13

NOISE COMPATIBILITY PLANNING AND PRO-14

GRAMS.

15(a) AUTHORIZATION.—Section 48103(a) of title 49,

16 United States Code, is amended—(1) in paragraph (6) by striking ‘‘and’’ at the

17
18
19
20

end;
(2) by striking paragraph (7) and inserting thefollowing:

21‘‘(7) $3,350,000,000 for fiscal year 2024;

22‘‘(8) $4,000,000,000 for fiscal year 2025;

23‘‘(9) $4,000,000,000 for fiscal year 2026;

24‘‘(10) $4,000,000,000 for fiscal year 2027; and25‘‘(11) $4,000,000,000 for fiscal year 2028.’’.

MUR24306 DVY

S.L.C.

141(b) OBLIGATION AUTHORITY.—Section 47104(c) of

2 title 49, United States Code, is amended in the matter
3 preceding paragraph (1) by striking ‘‘May 10, 2024’’ and4 inserting ‘‘October 1, 2028’’.
56SEC. 102. FACILITIES AND EQUIPMENT.

Section 48101(a) of title 49, United States Code, is

7 amended by striking paragraphs (1) through (7) and in8 serting the following:
9‘‘(1) $3,191,250,000 for fiscal year 2024.

10‘‘(2) $3,575,000,000 for fiscal year 2025.

11‘‘(3) $3,625,000,000 for fiscal year 2026.

12‘‘(4) $3,675,000,000 for fiscal year 2027.

13‘‘(5) $3,725,000,000 for fiscal year 2028.’’.

14
15SEC. 103. OPERATIONS.

(a) IN GENERAL.—Section 106(k)(1) of title 49,

16 United States Code, is amended by striking subpara17 graphs (A) through (G) and inserting the following:
18‘‘(A) $12,729,627,000 for fiscal year 2024;

19‘‘(B) $13,055,000,000 for fiscal year 2025;

20‘‘(C) $13,354,000,000 for fiscal year 2026;

21‘‘(D) $13,650,000,000 for fiscal year222027; and

23

‘‘(E)

24

2028.’’.

$13,954,000,000

forfiscalyear

MUR24306 DVY

S.L.C.

15
1(b)

AUTHORIZEDEXPENDITURES.—Section

2 106(k)(2)(D) of title 49, United States Code, is amend3 ed—
4(1) by striking clauses (i) through (v);5(2) by redesignating clause (vi) as clause (i);6and(3) by adding at the end the following:

7
8‘‘(ii) $42,018,000 for fiscal year 2024.

9‘‘(iii) $52,985,000 for fiscal year
2025.

10

‘‘(iv) $59,044,000 for fiscal year

11

2026.

12
13

‘‘(v) $65,225,000 for fiscal year 2027.

14‘‘(vi) $71,529,000 for fiscal year

15

2028.’’.

16(c) AUTHORITYTO

TRANSFER FUNDS.—Section

17 106(k)(3) of title 49, United States Code, is amended—(1) by striking ‘‘Notwithstanding’’ and insert-

18
19

ing the following:

20‘‘(A) IN GENERAL.—Notwithstanding’’;21(2) by striking ‘‘in each of fiscal years 201822

through 2023 and for the period beginning on Octo-23

ber 1, 2023, and ending on May 10, 2024’’ and in-24

serting ‘‘in each of fiscal years 2024 through 2028’’;

25

and

MUR24306 DVY

S.L.C.

16(3) by adding at the end the following:12‘‘(B) PRIORITIZATION.—In reducing non-3

safety-related activities of the Administration

4

under subparagraph (A), the Secretary shall5prioritize such reductions from amounts other6

than amounts authorized under this subsection,7

section 48101, or section 48103.
‘‘(C) SUNSET.—This paragraph shall cease89

to be effective on October 1, 2028.’’.

10SEC. 104. EXTENSION OF MISCELLANEOUS EXPIRING AU-

11
12

THORITIES.

(a) AUTHORITY TO PROVIDE INSURANCE.—Section

13 44310(b) of title 49, United States Code, is amended by
14 striking ‘‘May 10, 2024’’ and inserting ‘‘September 30,
15 2028’’.
16(b)

MARSHALLISLANDS,MICRONESIA,AND

17 PALAU.—Section 47115(i) of title 49, United States Code,18 is amended by striking ‘‘fiscal years 2018 through 2023,
19 and for the period beginning on October 1, 2023, and end20 ing on May 10, 2024,’’ and inserting ‘‘fiscal years 2024
21 through 2028’’.
22(c)

WEATHERREPORTINGPROGRAMS.—Section

23 48105 of title 49, United States Code, is amended by
24 striking paragraph (5) and adding at the end the fol25 lowing:MUR24306 DVY

S.L.C.

171‘‘(5) $60,000,000 for each of fiscal years 2024

2

through 2028.’’.

3(d) MIDWAY ISLAND AIRPORT.—Section 186(d) of

4 the Vision 100—Century of Aviation Reauthorization Act
5 (Public Law 108–176) is amended by striking ‘‘fiscal
6 years 2018 through 2023 and for the period beginning on
7 October 1, 2023, and ending on May 10, 2024,’’ and in8 serting ‘‘for fiscal years 2024 through 2028,’’.
9(e) EXTENSION OF THE SAFETY OVERSIGHT AND

10 CERTIFICATION ADVISORY COMMITTEE.—Section 202(h)11 of the FAA Reauthorization Act of 2018 (Public Law
12 115–254) is amended by striking ‘‘shall terminate’’ and
13 all that follows through the period at the end and inserting
14 ‘‘shall terminate on October 1, 2028.’’.
15
16
17
18

TITLE II—FAA OVERSIGHT AND
ORGANIZATIONAL REFORM
SEC. 201. FAA LEADERSHIP.

Section 106 of title 49, United States Code, is

19 amended—
20
21
22

(1) in subsection (a) by striking ‘‘The Federal’’and inserting ‘‘IN GENERAL.—The Federal’’; and(2) by striking subsection (b) and inserting the23

following:

24‘‘(b) ADMINISTRATION LEADERSHIP.—

25‘‘(1) ADMINISTRATOR.—MUR24306 DVY

S.L.C.

181‘‘(A) IN GENERAL.—The head of the Ad-2ministration is the Administrator, who shall be

3

appointed by the President, by and with the ad-

4vice and consent of the Senate.

5

‘‘(B)

QUALIFICATIONS.—The

6

trator shall—

Adminis-7‘‘(i) be a citizen of the United States;

8‘‘(ii) not be an active duty member ofan Armed Force;

910‘‘(iii) not have retired from an Armed

11

Force within the 7 years preceding nomi-

12

nation; and13‘‘(iv) have experience in organizational

14

management and a field directly related to15

aviation.

16‘‘(C) FITNESS.—In appointing an indi-

17

vidual as Administrator, the President shall18

consider the fitness of such individual to carry19

out efficiently the duties and powers of the of-

20

fice.

21

‘‘(D) TERM OF OFFICE.—The term of of-22

fice for any individual appointed as Adminis-

23

trator shall be 5 years.

24‘‘(E) REPORTING CHAIN.—Except as pro-25

vided in subsection (f) or in other provisions ofMUR24306 DVY

S.L.C.

19
1

law, the Administrator reports directly to the2

Secretary of Transportation.

3‘‘(2) DEPUTY ADMINISTRATOR.—

4‘‘(A) IN

GENERAL.—The

Administrator

5

has a Deputy Administrator, who shall be ap-

6

pointed by the President.

78‘‘(B) QUALIFICATIONS.—The Deputy Administrator shall—‘‘(i) be a citizen of the United States;

9
10

and

11

‘‘(ii) have experience in organizational

12

management and a field directly related to13

aviation.

14‘‘(C) FITNESS.—In appointing an indi-

15

vidual as Deputy Administrator, the President

16

shall consider the fitness of the individual to17

carry out efficiently the duties and powers of18

the office, including the duty to act for the Ad-

19ministrator when the Administrator is absent or

20

unable to serve, or when the office of Adminis-

21

trator is vacant.

22‘‘(D) REPORTINGCHAIN.—The

Deputy23

Administrator reports directly to the Adminis-

24

trator.

MUR24306 DVY

S.L.C.

201‘‘(E) DUTIES.—The Deputy Administrator

2

shall carry out duties and powers prescribed by3

the Administrator.

4‘‘(F) COMPENSATION.—

5‘‘(i) ANNUAL RATE OF BASIC PAY.—6

The annual rate of basic pay of the Deputy

7Administrator shall be set by the Secretary

8but shall not exceed the annual rate of

9basic pay payable to the Administrator.

10‘‘(ii) EXCEPTION.—A retired regular11

officer of an Armed Force serving as the12

Deputy Administrator is entitled to hold a13rank and grade not lower than that held

14

when appointed as the Deputy Adminis-

15

trator and may elect to receive—

16‘‘(I) the pay provided for the17

Deputy Administrator under clause

18(i); or

19‘‘(II) the pay and allowances or20

the retired pay of the military grade

21

held.

22

‘‘(iii)23

PENSES.—If

24elects to receive compensation described in25

clause (ii)(II), the Administration shall re-

REIMBURSEMENT

OF

EX-

the Deputy Administrator

MUR24306 DVY

S.L.C.

21
1

imburse the appropriate military depart-2

ment from funds available for the expenses

3of the Administration.
‘‘(3) LEADERSHIP

4

OF THE ADMINISTRATION

5DEFINED.—In this section, the term ‘leadership of

6

the Administration’ means—‘‘(A) the Administrator under paragraph7(1); and

8‘‘(B) the Deputy Administrator under9

paragraph (2).’’.

10
11

SEC. 202. ASSISTANT ADMINISTRATOR FOR RULEMAKING

12

AND REGULATORY IMPROVEMENT.

13(a) ASSISTANT ADMINISTRATOR FOR RULEMAKING

14

AND REGULATORY IMPROVEMENT.—Section 106 of title

15 49, United States Code, is further amended by striking
16 subsections (c) and (d) and inserting the following:
17‘‘(c) ASSISTANT ADMINISTRATOR FOR RULEMAKING

18

AND REGULATORY IMPROVEMENT.—There is an Assistant

19 Administrator for Rulemaking and Regulatory Improve20 ment who shall be appointed by the Administrator and21 shall—22‘‘(1) be responsible for developing and man-23

aging the execution of a regulatory agenda for the24

Administration that meets statutory and Adminis-

25

tration deadlines, including by—MUR24306 DVY

S.L.C.

22
1
2
3
4‘‘(A) prioritizing rulemaking projects thatare necessary to improve safety;‘‘(B) establishing the regulatory agenda of
the Administration; and5‘‘(C) coordinating with offices of the Ad-

6ministration, the Department, and other Fed-7eral entities as appropriate to improve timely

8

feedback generation and approvals when re-

9quired by law;10‘‘(2) not delegate overall responsibility for meet-11

ing internal timelines and final completion of the12

regulatory activities of the Administration outside

13

the Office of the Assistant Administrator for Rule-

14

making and Regulatory Improvement;

1516‘‘(3) on an ongoing basis, review the regulationsof the Administration in effect to—17‘‘(A) improve safety;

18‘‘(B) reduce undue regulatory burden;

19‘‘(C) replace prescriptive regulations with20

performance-based regulations, as appropriate;21‘‘(D) prevent duplicative regulations; and22‘‘(E) increase regulatory clarity and trans-

23parency whenever possible;

24‘‘(4) make recommendations for the review of25

the Administrator under subsection (f)(3)(C)(ii);MUR24306 DVY

S.L.C.

231‘‘(5) receive, coordinate, and respond to peti-

2

tions for rulemaking and for exemption as provided

3

for in subpart A of part 11 of title 14, Code of Fed-4eral Regulations, and provide an initial response to5

a petitioner not later than 30 days after the receipt

6of such a petition—‘‘(A) acknowledging receipt of such peti-

7
8

tion;
‘‘(B) confirming completeness of such peti-

9
10

tion;

11

‘‘(C) providing an initial indication of the

12complexity of the request and how such com-13

plexity may impact the timeline for adjudica-

14tion; and

15‘‘(D) requesting any additional informa-

16tion, as appropriate, that would assist in the17

consideration of the petition;

18‘‘(6) track the issuance of exemptions and waiv-

19

ers by the Administration to sections of title 14,20

Code of Federal Regulations, and establish a meth-21

odology by which to determine if it would be more

22

efficient and in the interest of the public to amend

23

a rule to reduce the future need of waivers and ex-

24

emptions; andMUR24306 DVY

S.L.C.

24
1‘‘(7) promulgate regulatory updates as deter-2

mined more efficient or in the best interest of the3

public under paragraph (6).

4‘‘(d) [Reserved].’’.

5(b) SYSTEMICALLY ADDRESSING NEED FOR EXEMP-6

TIONS AND WAIVERS.—Not later than 30 months after

7 the date of enactment of this Act, the Assistant Adminis8 trator for Rulemaking and Regulatory Improvement of the
9 FAA shall brief the appropriate committees of Congress
10 and the Committee on Science, Space, and Technology of
11 the House of Representatives on the methodology devel12 oped pursuant to section 106(c)(6) of title 49, United
13 States Code (as added by this section).
14

SEC. 203. PROHIBITION ON CONFLICTING PECUNIARY IN-

15
16

TERESTS.

Section 106(e) of title 49, United States Code, is

17 amended to read as follows:1819‘‘(e) PROHIBITION ON CONFLICTING PECUNIARY INTERESTS.—

20‘‘(1) IN GENERAL.—The leadership of the Ad-

21

ministration may not have a pecuniary interest in, or

22hold a financial interest in, an aeronautical enter-

23

prise or engage in another business, vocation, or em-

24ployment.

MUR24306 DVY

S.L.C.

25
1‘‘(2) TEACHING.—Notwithstanding paragraph2(1), the Deputy Administrator may not receive com-3

pensation for teaching without prior approval of the4

Administrator.
‘‘(3) FINANCIAL INTEREST DEFINED.—In this5subsection, the term ‘financial interest’—

6‘‘(A) means—7‘‘(i) any current or contingent owner-

8

ship, equity, or security interest;9‘‘(ii) any indebtedness or compensated10

employment relationship; or1112‘‘(iii) any right to purchase or acquire13

any such ownership, equity, or security in-

14

terest, including a stock option; and

15‘‘(B) does not include securities held in an
index fund.’’.

16
17
18
19

SEC.

204.

AUTHORITYOF

SECRETARYAND

ADMINIS-

TRATOR.

(a) IN GENERAL.—Section 106(f) of title 49, United

20 States Code, is amended—
21
22
23

(1) in paragraph (1)—(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’;24(B) by striking ‘‘Neither’’ and inserting

25‘‘In exercising duties, powers, and authorities

MUR24306 DVY

S.L.C.

26
1that are assigned to the Secretary or the Ad-2ministrator under this title, neither’’; and3(C) by striking ‘‘a committee, board, or or-

4

ganization established by executive order.’’ and5

inserting the following: ‘‘a committee, board,

6

council, or organization that is—

7‘‘(A) established by executive order; or

8‘‘(B) not explicitly directed by legislation9

to review the exercise of such duties, powers,

10

and authorities by the Secretary or the Admin-

11

istrator.’’;12(2) in paragraph (2)—13

(A) in subparagraph (A)(ii) by striking

14‘‘the acquisition’’ and all that follows through15

the semicolon and inserting ‘‘the acquisition, es-

16tablishment, improvement, operation, mainte-

17

nance, security (including cybersecurity), and18

disposal of property, facilities, services, and19equipment of the Administration, including all20

elements of the air traffic control system owned

21

by the Administration;’’;22(B) in subparagraph (A)(iii) by striking

23‘‘paragraph (3)’’ and inserting ‘‘paragraph

24(4)’’; andMUR24306 DVY

S.L.C.

27
1(C) in subparagraph (B) by inserting ‘‘civil

2aviation, any matter for which the Adminis-

3

trator is the final authority under subparagraph

4(A), any duty carried out by the Administrator

5

pursuant to paragraph (3), or the provisions of

6

this title, or’’ after ‘‘with respect to’’;7(3) in paragraph (3)—

8
9
10
11
12
13
14
15
16
17
18

(A) in subparagraph (A)—(i) by striking ‘‘In the performance’’and inserting the following:‘‘(i) ISSUANCE OF REGULATIONS.—In
the performance’’;(ii) by striking ‘‘The Administrator
shall act’’ and inserting the following:‘‘(ii) PETITIONS FOR RULEMAKING.—
The Administrator shall act’’;(iii) by striking ‘‘The Administrator
shall issue’’ and inserting the following:

19‘‘(iii) RULEMAKING

20

Administrator shall issue’’; and

21
22
23
24

TIMELINE.—The(iv) by striking ‘‘On February 1’’ andinserting the following:‘‘(iv) REPORTING REQUIREMENT.—On
February 1’’; andMUR24306 DVY

S.L.C.

28
12
3
4(B) by striking subparagraphs (B) and (C)and inserting the following:‘‘(B) APPROVAL OF SECRETARY OF TRANSPORTATION.—

5‘‘(i) IN GENERAL.—The Administrator

6

may not issue, unless the Secretary of

7

Transportation approves the issuance of8

the regulation in advance, a proposed regu-

9

lation or final regulation that—

10‘‘(I) is likely to result in the ex-11penditure by State, local, and Tribal

12

governments in the aggregate, or by

13

the private sector, of $250,000,000 or

14

more (adjusted annually for inflation

15

beginning with the year following the16date of enactment of the FAA Reau-

17

thorization Act of 2024) in any year;

18

or

19
20

‘‘(II) is significant.
‘‘(ii) SIGNIFICANTREGULATIONS.—21

For purposes of this paragraph, a regula-

22tion is significant if the Administrator, in

23

consultation with the Secretary (as appro-

24

priate), determines that the regulation—

MUR24306 DVY

S.L.C.

291‘‘(I) will have an annual effect on

2

the economy of $250,000,000 or more3

(adjusted annually for inflation begin-

4ning with the year following the date5of enactment of the FAA Reauthor-

6

ization Act of 2024);

7‘‘(II) raises novel or serious legal

8

or policy issues that will substantially9and materially affect other transpor-

10

tation modes; or11‘‘(III) adversely affects, in a sub-12

stantial and material way, the econ-

13

omy, a sector of the economy, produc-

14

tivity, competition, jobs, the environ-

15

ment, public health or safety, or a16

State, local, or Tribal government or

17communities.

18‘‘(iii) EMERGENCY REGULATION.—

19‘‘(I) IN GENERAL.—In an emer-

20

gency as determined by the Adminis-

21

trator, the Administrator may issue a

22

final regulation described in clause (i)23without prior approval of the Sec-24

retary.

MUR24306 DVY

S.L.C.

30
1‘‘(II) OBJECTION.—If the Sec-2

retary objects to a regulation issued

3

under subclause (II) in writing not4later than 5 days (excluding Saturday,

5

Sundays, and legal public holidays)

6

after the issuance, the Administrator

7

shall immediately rescind such regula-

8

tion.

9

‘‘(iv)OTHER

REGULATIONS.—The

10

Secretary may not require that the Admin-

11

istrator submit a proposed or final regula-

12

tion to the Secretary for approval, nor may

13

the Administrator submit a proposed or

14

final regulation to the Secretary for ap-

15

proval, if the regulation—

16‘‘(I) does not require the ap-

17

proval of the Secretary under clause

18(i) (excluding a regulation issued

19

under clause (iii)); or20‘‘(II) is a routine or frequent ac-

21

tion or a procedural action.

22‘‘(v) TIMELINE.—The Administrator

23

shall submit a copy of any proposed or

24

final regulation requiring approval by the25

Secretary under clause (i) to the Secretary,MUR24306 DVY

S.L.C.

31
1

who shall either approve the regulation or2

return the regulation to the Administrator

3

with comments not later than 30 days

4

after receiving the regulation. If the Sec-5

retary fails to approve or return the regu-

6

lation with comments to the Administrator

7

not later than 30 days after receiving such

8

regulation, the regulation shall be deemed9

to have been approved by the Secretary.

10‘‘(C) PERIODIC REVIEW.—

11‘‘(i) IN GENERAL.—For any signifi-

12cant regulation issued after the date of en-

13

actment of the FAA Reauthorization Act

14

of 2024, in addition to the review require-15

ments established under section 5.13(d) of

16

title 49, Code of Federal Regulations, the17Administrator shall review any significant

18

regulation 3 years after the effective date19

of such regulation.

20‘‘(ii) DISCRETIONARYREVIEW.—The

21

Administrator may review any regulation

22

that has been in effect for more than 3

23years.

MUR24306 DVY

S.L.C.

32
1‘‘(iii) SUBSTANCE

OF

REVIEW.—In2

performing a review under clause (i) or3(ii), the Administrator shall determine if—

4‘‘(I) the cost assumptions sup-5

porting the regulation were accurate;

6‘‘(II) the intended benefit of the7

regulation is being realized;

8‘‘(III) the need remains to con-9tinue such regulation as in effect; and‘‘(IV)

10

theAdministrator

rec-

11

ommends updates to such regulation

12

based on the review criteria specified

13

in section 5.13(d) of title 49, Code of14

Federal Regulations.

15‘‘(iv)

REVIEW

MANAGEMENT.—Any

16

periodic review of a regulation under this17

subparagraph shall be managed by the As-

18

sistant Administrator for Rulemaking and19

Regulatory Improvement, who may task an

20advisory committee or the Management

21

Advisory Council established under sub-22

section (p) to assist in performing the re-23view.’’;

24
25(4) by redesignating paragraphs (3) and (4) asparagraphs (4) and (5), respectively; andMUR24306 DVY

S.L.C.

33
1
2
3
4(5) by inserting after paragraph (2) the following:‘‘(3) DUTIES AND POWERS OF THE ADMINISTRATOR.—

5‘‘(A) IN

GENERAL.—The6

shall carry out—

Administrator

7‘‘(i) the duties and powers of the Sec-8

retary under this subsection related to9aviation safety (except duties and powers

10

related to transportation, packaging, mark-11

ing, or description of hazardous material)

12

and stated in—13‘‘(I) subsections (c) and (d) of

14

section 1132;

15‘‘(II)

16

sections

40101(c),40103(b),40106(a),40108,

1740109(b),40113(a),40113(c),1840113(d), 40113(e), 40114(a), and

1940117;

20‘‘(III) chapter 443;

21‘‘(IV) chapter 445, except sec-

22

tions 44502(a)(3), 44503, and 44509;

23‘‘(V) chapter 447, except sections

24
25

44721(b) and 44723;‘‘(VI) chapter 448;

MUR24306 DVY

S.L.C.

34
1‘‘(VII) chapter 451;

2‘‘(VIII) chapter 453;

3‘‘(IX) section 46104;

4‘‘(X) subsections (d) and (h)(2)5of section 46301, section 46303(c),6sections 46304 through 46308, sec-

7

tion 46310, section 46311, and sec-

8

tions 46313 through 46320;

9‘‘(XI) chapter 465;

10‘‘(XII) chapter 471;

11‘‘(XIII) chapter 475; and12‘‘(XIV) chapter 509 of title 51;

13

and

14

‘‘(ii) such additional duties and pow-

15

ers as may be prescribed by the Secretary.

16‘‘(B) APPLICABILITY.—Section 40101(d)17applies to the duties and powers specified in

18

subparagraph (A).

19‘‘(C) TRANSFER.—Any of the duties and20

powers specified in subparagraph (A) may only

21

be transferred to another part of the Depart-

22

ment if specifically provided by law or in a reor-

23

ganization plan submitted under chapter 9 of24

title 5.

MUR24306 DVY

S.L.C.

35
1‘‘(D) ADMINISTRATIVE FINALITY.—A deci-

2

sion of the Administrator in carrying out the3

duties or powers specified in subparagraph (A)4is administratively final.’’.

5(b) CONFORMING AMENDMENT.—Section 106 of title

6 49, United States Code, is amended by striking subsection
7 (g) and inserting the following:
8‘‘(g) [reserved].’’.

9(c) PRESERVATIONOF

EXISTING AUTHORITY.—

10 Nothing in this section or the amendments made by this
11 section shall be construed to restrict any authority vested
12 in the Administrator by statute or by delegation that was
13 in effect on the day before the date of the enactment of
14 this Act.
15
16

SEC. 205. REGULATORY MATERIALS IMPROVEMENT.

(a) INTERNAL REGULATORY PROCESS REVIEW.—

17(1) IN GENERAL.—

18(A) REVIEWTEAM.—The

Administrator

19

shall establish a regulatory process review team20

(in this section referred to as the ‘‘review

21

team’’) comprising of FAA employees and indi-

22

viduals described in paragraph (2) to develop

23

recommendations to improve the timeliness,

24

performance, and accountability of the develop-

25

ment and promulgation of regulatory materials.

MUR24306 DVY

S.L.C.

36
1(B) REPORT.—The review team shall sub-2

mit to the Administrator a report with rec-3

ommendations in accordance with the deadlines

4

specified in paragraph (5).

5(2) OTHER MEMBERS; CONSULTATION.—

6(A) IN GENERAL.—The review team shall7

include at least 3 outside experts and or aca-8

demics with relevant experience or expertise in9

aviation safety and at least 1 outside expert

10with relevant experience or expertise in improv-

11

ing the performance, accountability, and trans-

12parency of the Federal regulatory process, par-13

ticularly as such process relates to aviation

14

safety.

15(B) CONSULTATION.—The review team

16

may, as appropriate, consult with industry

17

stakeholders.

18(3) CONTENTS OF REVIEW.—In conducting the19review required under paragraph (1), the review

20

team shall do the following:

21(A) Develop a proposal for rationalizing

22

processes and eliminating redundant adminis-

23

trative review of regulatory materials within the24

FAA, particularly when FAA-sponsored rule-MUR24306 DVY

S.L.C.

37
1

making committees and stakeholders have col-2laborated on the proposed regulations.

3(B) With respect to each office within the4

FAA that reviews regulatory materials, as-

5

sess—

6

(i) the timeline assigned to each such

7

office to complete the review of regulatory

8

materials;

9
10
11
12

(ii) the actual time spent for such review;(iii) opportunities to reduce the actual
time for such review; and13(iv) whether clear roles, responsibil-

14

ities, requirements, and expectations are

15

clearly defined for each office required to16

review the regulatory materials.

17(C) Define and document the roles and re-18

sponsibilities of each office within the FAA that19develops, drafts, or reviews each kind of regu-

20

latory material in order to ensure that hiring

21

reflects who, where, and how the employees of22each such office function in the rulemaking

23

framework.

24(D) Describe any organizational changes

25or the need to hire additional FAA employees,

MUR24306 DVY

S.L.C.

38
1

if necessary and take into consideration whether

2current positions are staffed, to reduce delays

3

in publication of regulatory materials.

4(E) In order to provide the public with de-5tailed information on the progress of the devel-

6

opment of regulatory materials, identify report-

7

ing mechanisms and develop a template and ap-

8

propriate system metrics for making publicly

9

available on a website a progress tracker that

10

updates to show the major stages (as deter-

11

mined by the Administrator) of the development

12of regulatory materials as such materials are

13

initiated, in progress, and completed.

14(F) Consider changes to the best practices

15of the FAA under rules governing ex parte com-

16

munications, including communications with

17

international validating authorities, and with18

consideration of the public interest in trans-

19parency, to provide flexibility for FAA employ-20

ees to discuss regulatory materials, particularly

21

for such regulatory materials related to enhanc-22

ing aviation safety and the aviation inter-

23

national leadership of the United States.

24(G) Recommend methods by which the25

FAA can incorporate research funded by theMUR24306 DVY

S.L.C.

39
1

Department of Transportation, in addition to2

consensus standards and conformance assess-3

ment processes developed by recognized indus-

4

try standards organizations into regulatory ma-

5terials, to keep pace with rapid changes in avia-

6tion technologies and processes.

7(H) Recommend mechanisms to optimize

8

the roles of the Office of the Secretary of

9Transportation and the Office of Management

10

and Budget, with the objective of improving the11

efficiency of regulatory activity.

12(4) ACTION PLAN.—The Administrator shall de-

13velop and transmit to the appropriate committees of

14

Congress an action plan to implement, as appro-

15

priate, the recommendations developed by the review

16

team.

17
18

(5) DEADLINES.—The requirements of this section shall be subject to the following deadlines:

19(A) Not later than 120 days after the date20

of enactment of this section, the review team

21

shall complete the evaluation required under22

paragraph (1) and submit to the Administrator

23

the report of the review team on such evalua-

24

tion.

MUR24306 DVY

S.L.C.

40
1(B) Not later than 30 days after the date2

on which the review team submits the report3

under subparagraph (A), the Administrator

4

shall develop and publish the action plan under5

paragraph (4).

6(6) SUNSET.—The review team shall terminate

7

upon completion of the requirements under para-

8graph (5).

9(7) ADMINISTRATIVEPROCEDURE

INAPPLICABLE.—The

REQUIRE-

provisions of sub-

10

MENTS

11

chapter II of chapter 5, and chapter 7, of title 5,

12United States Code (commonly known as the ‘‘Ad-

13

ministrative Procedure Act’’) shall not apply to any

14

activities of the review team in carrying out the re-15

quirements of this section.

16(8) REGULATORY

MATERIALS

DEFINED.—In

17

this subsection, the term ‘‘regulatory materials’’18means rules, advisory circulars, statements of policy,

19

and other materials related to aviation safety regula-

20

tions, as well as other materials pertaining to train-

21

ing and operation of aeronautical products.

22(b) REVIEW OF NON-REGULATORY MATERIALS.—

23(1) IN GENERAL.—Not later than 3 years after

24

the date of enactment of this Act, the inspector gen-25

eral of the Department of Transportation shall re-MUR24306 DVY

S.L.C.

41
1

view the coordination and approval processes of non-2

regulatory materials produced by the FAA to im-3

prove the timeliness, transparency, development, and4issuance of such materials.

5(2) CONTENTS OF REVIEW.—In conducting the6review under paragraph (1), the inspector general

7

shall—

8(A) provide recommendations for improv-

9

ing processes and eliminating non-value-added10

reviews of non-regulatory materials within the11

FAA and Department of Transportation, in

12

consideration of the authority of the Adminis-

13

trator under section 106 of title 49, United

14

States Code, and other applicable laws;

15(B) consider, with respect to each office16

within the FAA and the Department of Trans-

17

portation that reviews non-regulatory mate-

18

rials—

19(i) the timeline assigned to each such20

office to complete the review of such mate-

21

rials;

22
23
24
25

(ii) the actual time spent for such review; and(iii) opportunities to reduce the actual
time spent for such review;MUR24306 DVY

S.L.C.

421(C) describe any organizational changes

2and additional resources that the Administrator

3

needs, if necessary, to reduce delays in the de-4velopment and publication of proposed non-reg-

5

ulatory materials;

6(D) consider to what extent reporting

7

mechanisms and templates could be used to8

provide the public with more consistent infor-

9mation on the development status of non-regu-

10

latory materials;

11(E) consider changes to the application of

12

rules governing ex parte communications by the13

Administrator to provide flexibility for employ-14

ees of the FAA to discuss non-regulatory mate-

15

rials with aviation stakeholders and foreign16

aviation authorities to promote United States

17aviation leadership;

18(F) recommend methods by which the Ad-

19ministrator can incorporate standards set by20

recognized industry standards organizations, as

21

such term is defined in section 224(c), into non-22

regulatory materials to keep pace with rapid

23

changes in aerospace technology and processes;

24

and

MUR24306 DVY

S.L.C.

431(G) evaluate the processes and best prac-2

tices other civil aviation authorities and other3

Federal departments and agencies use to

4

produce non-regulatory materials, particularly

5

the processes of entities that produce such ma-

6terials in an expedited fashion to respond to7

safety risks, incidents, or new technology adop-

8

tion.

9

(3) CONSULTATION.—In conducting the review

10

under paragraph (1), the inspector general may, as

11

appropriate, consult with industry stakeholders, aca-

12

demia, and other individuals with relevant back-13

ground or expertise in improving the efficiency of

14

Federal non-regulatory material production.

15(4) REPORT.—Not later than 1 year after the16

inspector general initiates the review under para-

17

graph (1), the inspector general shall submit to the18

Administrator a report on such review.

1920(5) ACTION PLAN.—(A)

IN

GENERAL.—The

Administrator

21

shall develop an action plan to implement, as22

appropriate, the recommendations contained in23

the report submitted under paragraph (4).

24

(B) BRIEFING.—Not later than 90 days

25

after receiving the report under paragraph (4),MUR24306 DVY

S.L.C.

44
1

the Administrator shall brief the Committee on

2

Transportation and Infrastructure and the3

Committee on Science, Space, and Technology

4of the House of Representatives and the Com-5

mittee on Commerce, Science, and Transpor-

6

tation of the Senate on such plan.

7(6) NON-REGULATORY MATERIALS DEFINED.—

8

In this subsection, the term ‘‘non-regulatory mate-

9

rials’’ means orders, statements of policy, guidance,

10

technical standards, and other materials related to11aviation safety, training, and operation of aero-

12

nautical products.

13
14

SEC. 206. FUTURE OF NEXTGEN.

(a) KEY PROGRAMS.—Not later than December 31,

15 2025, the Administrator shall operationalize all of the key
16 programs under the NextGen program as described in the
17 deployment plan of the FAA.
18(b) OFFICE TERMINATION.—The NextGen Office of

19 the FAA shall terminate on December 31, 2025.
20(c) TRANSFER OF RESIDUAL NEXTGEN IMPLEMEN-

21

TATION FUNCTIONS.—If the Administrator does not com-

22 plete the air traffic modernization project known as the
23 NextGen program by the deadline specified in subsection
24 (a), the Administrator shall transfer the residual functions
25 for completing the NextGen program to the Airspace Mod-

MUR24306 DVY

S.L.C.

45
1 ernization Office of the FAA established under section
2 207.
34(d) TRANSFEROFNEXTGEN ADVISORY COM-

MITTEE.—Not later than December 31, 2025, manage-

5 ment of the NextGen Advisory Committee shall transfer
6 to the Chief Operating Officer of the air traffic control
7 system.
8(e) TRANSFER OF ADVANCED AIR MOBILITY FUNC-

9TIONS.—Not later than 90 days after the date of enact-

10 ment of this Act, any advanced air mobility relevant func11 tions, duties, and responsibilities of the NAS Systems En12 gineering and Integration Office or other offices within the
13 Office of NextGen of the FAA shall be incorporated into
14 the Office of Aviation Safety of the FAA.
15(f) REMAINING ACTIVITIES.—In carrying out sub-

16 section (a), and after implementing subsections (c)17 through (e), the Administrator shall transfer any remain18 ing duties, authorities, activities, personnel, and assets
19 managed by the Office of NextGen of the FAA to other20 offices of the FAA, as appropriate.
2122(g) TECHNICAL CENTERFOR

ADVANCED AERO-SPACE.—Section 106 of title 49, United States Code, is23 further amended by striking subsection (h) and inserting
24 the following:MUR24306 DVY

S.L.C.

4612‘‘(h) TECHNICAL CENTER FOR ADVANCED AEROSPACE.—

3‘‘(1) IN GENERAL.—There is established within

4

the Administration a technology center to support

5

the advancement of aerospace safety and innovation

6

which shall be known as the ‘William J. Hughes

7

Technical Center for Advanced Aerospace’ (in this8

subsection referred to as the ‘Technical Center’)

9

that shall be used by the Administrator and, as per-10

mitted by the Administrator, other governmental en-

11

tities, academia, and the aerospace industry.

12
13
14
15

‘‘(2) MANAGEMENT.—The activities of theTechnical Center shall be managed by a Director.
‘‘(3) ACTIVITIES.—The activities of the Technical Center shall include—

16‘‘(A) developing and stimulating technology

17

partnerships with and between industry, aca-

18

demia, and other government agencies and sup-19

porting such partnerships by—20‘‘(i) liaising between external persons

21

and offices of the Administration inter-

22

ested in such work;

23
24‘‘(ii) providing technical expertise andinput, as appropriate; andMUR24306 DVY

S.L.C.

47
1‘‘(iii) providing access to the prop-

2

erties, facilities, and systems of the Tech-3

nical Center through appropriate agree-4

ments;

5‘‘(B) managing technology demonstration

6

grants awarded by the Administrator;

7‘‘(C) identifying software, systems, serv-

8

ices, and technologies that could improve avia-

9tion safety and the operations and management10of the air traffic control system and working

11with relevant offices of the Administration to

12

consider the use and integration of such soft-

13

ware, systems, services, and technologies, as ap-

14

propriate;

15‘‘(D) supporting the work of any collocated16

facilities and tenants of such facilities, and to17

the extent feasible, enter into agreements as

18

necessary to utilize the facilities, systems, and19

technologies of such collocated facilities and20

tenants;

21
22
23
24

‘‘(E) managing the facilities of the Technical Center; and‘‘(F) carrying out any other duties as determined appropriate by the Administrator.’’.

MUR24306 DVY

S.L.C.

481(h) CONFORMING AMENDMENT.—Section 44507 of

2 title 49, United States Code, is amended—
3(1) by striking ‘‘(a) CIVIL AEROMEDICAL INSTI-

4

TUTE’’

5

Aeromedical Institute established’’ and inserting

6‘‘The Civil Aeromedical Institute established’’; and789

and all that follows through ‘‘The Civil(2) by striking subsection (b).
SEC. 207. AIRSPACE MODERNIZATION OFFICE.

(a) ESTABLISHMENT.—

10(1) IN GENERAL.—On January 1, 2026, the11Administrator shall establish within the FAA an Air-

12

space Modernization Office (in this section referred13

to as the ‘‘Office’’).

14(2) PLACEMENT.—The Administrator may task

15

an existing office of the FAA with the functions of

16

the Office.

1718(3) DUTIES.—The Office shall be responsible
for—

19

(A) the research and development, systems

20

engineering, enterprise architecture, and port-

21

folio management for the continuous mod-22

ernization of the national airspace system;(B) the development of an information-cen-

23
24

tric

national

airspacesystem,includingMUR24306 DVY

S.L.C.

49
1

digitization of the processes and technology that2

supports such system;

3(C) improving the interoperability of FAA

4systems and third-party systems that support

5

safe operations in the national airspace system;

6

and

7

(D) developing and periodically updating

8

an integrated plan for the future state of the9national airspace system in coordination with10

other offices of the FAA.

11(b) INTEGRATED PLAN REQUIREMENTS.—The inte-

12 grated plan developed by the Office shall be designed to
13 ensure that the national airspace system meets future
14 safety, security, mobility, efficiency, and capacity needs of
15 a diverse and growing set of airspace users. The integrated
16 plan shall include the following:
17(1) A description of the demand for services

18

that will be required of the future air transportation

19

system, and an explanation of how the demand pro-20

jections were derived, including—21(A) the most likely range of average an-22nual resources required over the duration of the23plan to cost-effectively maintain the safety, sus-

24

tainability, and other characteristics of national

MUR24306 DVY

S.L.C.

50
1

airspace operation and the mission of the FAA;

2

and

3

(B) an estimate of FAA resource require-

4

ments by user group, including expectations

5

concerning the growth of new entrants and po-

6tential new users.

7(2) A roadmap for creating and implementing

8

the integrated plan, including—

9(A) the most significant technical, oper-

10

ational, and personnel obstacles and the activi-

11

ties necessary to overcome such obstacles, in-12cluding the role of other Federal agencies, cor-13

porations, institutions of higher learning, and14

non-profit organizations in carrying out such

15

activities;

16
17
18
19

(B) the annual anticipated cost of carryingout such activities;(C) the technical milestones that will be
used to evaluate the activities; and20(D) identifying technology gaps that the21

Administrator or industry may need to address

22

to fully implement the integrated plan.

23(3) A description of the operational concepts to24meet the system performance requirements for allMUR24306 DVY

S.L.C.

51
1

system users and a timeline and anticipated expendi-

2tures needed to develop and deploy the system.

3(4) A description of the management of the en-4

terprise architecture framework for the introduction

5of any operational improvements and to inform FAA

6

financial decision-making.

7(5) A justification for the operational improve-8

ments that the Office determines will need to be de-9veloped and deployed by 2040 to meet the needs of

10national airspace users, including the benefits, costs,

11

and risks of the preferred and alternative options.

12(c) CONSIDERATIONS.—In developing an initial inte-

13 grated plan required under subsection (b) and carrying
14 out such plan, the Office shall consider—15(1) the results and recommendations of the16

independent

reporton

implementation

17

NextGen program under section 603;

of

the

18

(2) the status of the transition to, and deploy-

19

ment of, trajectory-based operations within the na-

20tional airspace system; and21(3) the findings of the audit required by section

22622, and the resulting plan to replace or enhance23

the identified legacy systems within a reasonable

24

time frame.

MUR24306 DVY

S.L.C.

52
1(d) CONSULTATION.—In developing and carrying out

2 the integrated plan, the Office shall consult with the
3 NextGen Advisory Committee of the FAA.
4(e) PLAN DEADLINE; BRIEFINGS.—

5(1) PLAN DEADLINE.—Not later than 3 years

6

after the date of enactment of this Act, the Adminis-

7

trator shall submit to the Committee on Commerce,

8

Science, and Transportation of the Senate, the Com-9

mittee on Appropriations of the Senate, the Com-10

mittee on Transportation and Infrastructure of the

11

House

12

Science, Space, and Technology of the House of13

Representatives, and the Committee on Appropria-

14

tions of the House of Representatives an initial inte-

15

grated plan required under subsection (a)(3)(D).

16

ofRepresentatives,(2) ANNUAL

the

BRIEFINGS.—The

Committee

onAdministrator

17

shall provide the committees of Congress specified in

18

paragraph (1) with an annual briefing describing the

19

progress in carrying out the integrated plan required

20

under subsection (a)(3)(D), including any changes to21

the plan, through 2028.

22(f) DOT INSPECTOR GENERAL REVIEW.—Not later

23 than 180 days after submission of the initial integrated
24 plan under subsection (e)(1), the inspector general of the
25 Department of Transportation shall begin a review of theMUR24306 DVY

S.L.C.

53
1 integrated plan and submit to the committees of Congress
2 specified in subsection (e)(1) a report that—
3
4
5
6
7
8
9

(1) assesses the justification 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.
SEC. 208. APPLICATION DASHBOARD AND FEEDBACK POR-

10
11

TAL.

(a) IN GENERAL.—The Deputy Administrator of the

12 FAA shall determine whether a publicly facing dashboard
13 that provides applicants with the status of an application
14 before the FAA would be—
15(1) beneficial to applicants;

16(2) an efficient use of resources to build, main-

17tain, and update; or

18(3) duplicative with other efforts of the FAA to19

streamline and digitize paperwork and certification

20

processes to provide an applicant with a greater

21

awareness of the status of an application before the

22

FAA.

23

(b) RECOMMENDATION.—Not later than 30 months

24 after the date of enactment of this Act, the Deputy Ad25 ministrator shall provide to the Administrator a rec-

MUR24306 DVY

S.L.C.

54
1 ommendation regarding the need for or benefits of a dash2 board or other means by which to track an application
3 status.
4(c) BRIEFING.—Not later than 45 days after receiv-

5 ing recommendations under subsection (b), the Adminis6 trator shall brief the appropriate Committees of Congress
7 on—
8
9
10

(1) any recommendation received under subsection (b); and(2) any activities the Administrator is taking in

11

response to such recommendation.

12(d) FAA FEEDBACK PORTAL.—

13(1) IN GENERAL.—The Deputy Administrator

14

shall determine whether a publicly facing portal on

15

the website of the FAA through which the public

16

may provide feedback to the Administrator about ex-17

periences individuals have working with personnel of18

the FAA would be beneficial.

19(2) REQUIREMENTS.—The Deputy Adminis-

20

trator shall ensure any portal established under this21

subsection asks questions that seek to gauge any

22

shortcomings the FAA has in fulfilling the mission

23of the FAA or areas where the FAA is succeeding24

in meeting the mission of the FAA.

MUR24306 DVY

S.L.C.

55
1(e) APPLICATION.—This section shall apply to appli-

2 cations relating to—(1) an aircraft, aircraft engine, propeller, or ap-

3
4

pliance certification;

5(2) an airman or pilot certificate;6(3) a medical certificate;7(4) an operator certificate;8(5) when authority under chapter 509 of title

951, United States Code, is explicitly delegated by the10

Secretary to the Administrator, a license or permit

11

issued under such chapter;

12(6) an aircraft registration;

13(7) an operational approval, waiver, or exemp-

14

tion;

15

(8) a legal interpretation;

16(9) an outstanding agency determination; and17(10) any certificate not otherwise described in18

this subparagraph that is issued pursuant to chapter

19

447 of title 49, United States Code.

20

SEC. 209. SENSE OF CONGRESS ON FAA ENGAGEMENT DUR-21

ING RULEMAKING ACTIVITIES.

22
23
24
25

It is the sense of Congress that—(1) the Administrator should—(A)

engagewithaviationstakeholder

groups and the public during pre-draftingMUR24306 DVY

S.L.C.

56
1stages of rulemaking activities and use, to the2greatest extent practicable, properly docketed ex

3parte discussions during rulemaking activities

4

in order to—

5
6
7
8
9

(i) inform the work of the Administrator;(ii) assist the Administrator in developing the scope of a rule; and(iii) reduce the timeline for issuance10

of proposed and final rules;

11(B) rely on documented data and safety

12

trends when determining whether or not to pro-13

ceed with a rulemaking activity; and14(C) not consider a rulemaking activity re-15

quired in statute, for the purposes of ex parte16

communications, as having been established on17

the date of enactment of the related public law,18

but rather upon obtainment of a regulation

19

identifier number; and20(2) when it would reduce the time required for21

the Administrator to adjudicate public comments,

22

the Administrator should publicly provide informa-

23tion describing the rationale behind a regulatory de-24

cision included in proposed regulations in order toMUR24306 DVY

S.L.C.

57
1

better allow for the public to provide clear and in-2

formed comments on such regulations.

34

SEC. 210. CIVIL AEROMEDICAL INSTITUTE.

Section 106(j) of title 49, United States Code, is

5 amended by striking ‘‘There is’’ and inserting ‘‘CIVIL
6 AEROMEDICAL INSTITUTE.—There is’’.
7
8

SEC. 211. MANAGEMENT ADVISORY COUNCIL.

Section 106 of title 49, United States Code, is further

9 amended—
10(1) by transferring paragraph (8) of subsection

11(p) to subsection (r) and redesignating such para-

12

graph as paragraph (7); and13(2) by striking subsection (p) and inserting the14

following:

15‘‘(p) MANAGEMENT ADVISORY COUNCIL.—

16

‘‘(1)

ESTABLISHMENT.—The

Administrator

17

shall establish an advisory council which shall be

18

known as the Federal Aerospace Management Advi-

19

sory Council (in this subsection referred to as the20‘Council’).

21
22
23
24

‘‘(2) MEMBERSHIP.—The Council shall consistof 13 members, who shall consist of—‘‘(A) a designee of the Secretary of Transportation;

MUR24306 DVY

S.L.C.

5812‘‘(B) a designee of the Secretary of Defense;3‘‘(C) 5 members representing aerospace4

and technology interests, appointed by the Ad-

5ministrator;

6‘‘(D) 5 members representing aerospace

7

and technology interests, appointed by the Sec-8

retary of Transportation; and9‘‘(E) 1 member, appointed by the Sec-10

retary of Transportation, who is the head of a11

union representing air traffic control system

12

employees.

13‘‘(3) QUALIFICATIONS.—No officer or employee

14of the Federal Government may be appointed to the15

Council under subparagraph (C) or (D) of para-

16

graph (2).

17
18‘‘(4) FUNCTIONS.—‘‘(A) IN GENERAL.—

19‘‘(i) ADVISE; COUNSEL.—The Council

20

shall provide advice and counsel to the Ad-

21

ministrator on issues which affect or are

22

affected by the activities of the Adminis-

23

trator.

24‘‘(ii) RESOURCE.—The Council shall25function as an oversight resource for man-MUR24306 DVY

S.L.C.

591

agement, policy, spending, and regulatory2

matters under the jurisdiction of the Ad-3ministrator.

4‘‘(iii) SUBMISSIONS TO ADMINISTRA-

5

TION.—With

respect to Administration

6

management, policy, spending, funding,7

data management and analysis, safety ini-

8

tiatives, international agreements, activities

9of the International Civil Aviation Organi-

10

zation, and regulatory matters affecting

11

the aerospace industry and the national

12

airspace system, the Council may—

13‘‘(I) regardless of whether solic-14

ited by the Administrator, submit

15

comments,

16

tions, proposals, and supporting or

17dissenting views to the Administrator;

18

and

recommended

modifica-

19‘‘(II) request the Administrator

20

include in any submission to Con-21

gress, the Secretary, or the general22

public, and in any submission for pub-23

lication in the Federal Register, a de-24

scription

25

ommended modifications, and dis-

of

the

comments,rec-MUR24306 DVY

S.L.C.

60
1

senting or supporting views received

2

from the Council under subclause (I).

3‘‘(iv) REASONING.—Together with a4Council submission that is published or de-5

scribed under clause (iii)(II), the Adminis-

6

trator may provide the reasons for any dif-7

ferences between the views of the Council

8

and the views or actions of the Adminis-

9

trator.

10‘‘(v) COST-BENEFIT ANALYSIS.—The11

Council shall review the rulemaking cost-12

benefit analysis process and develop rec-13

ommendations to improve the analysis and14

ensure that the public interest is fully pro-15

tected.

16‘‘(vi) PROCESS REVIEW.—The Council

17

shall review the process through which the18

Administration determines to use advisory19

circulars, service bulletins, and other exter-

20

nally facing guidance and regulatory mate-

21

rial.

22

‘‘(B) MEETINGS.—The Council shall meet23

not less than 3 times annually or at the call of24

the chair or the Administrator.

MUR24306 DVY

S.L.C.

61
1

‘‘(C)

ACCESSTO

DOCUMENTS

AND

2

STAFF.—The Administrator may give the Coun-3

cil appropriate access to relevant documents

4and personnel of the Administration, and the5Administrator shall make available, consistent6

with the authority to withhold commercial and7other proprietary information under section 552

8

of title 5 (commonly known as the ‘Freedom of

9

Information Act’), cost data associated with the10acquisition and operation of air traffic service

11

systems.

12‘‘(D) DISCLOSURE

OF

DATA.—Any

COMMERCIAL

OR

member of the

13

PROPRIETARY

14

Council who receives commercial or other pro-15

prietary data as provided for in this paragraph

16

from the Administrator shall be subject to the17

provisions of section 1905 of title 18, pertaining18

to unauthorized disclosure of such information.

19‘‘(5) APPLICATION OF CHAPTER 10 OF TITLE

20

5.—Chapter 10 of title 5 does not apply to—21‘‘(A) the Council;

22‘‘(B) such aviation rulemaking committees

23
24
25

as the Administrator shall designate; or‘‘(C) such aerospace rulemaking committees as the Secretary shall designate.

MUR24306 DVY

S.L.C.

621‘‘(6) ADMINISTRATIVE MATTERS.—

2‘‘(A) TERMS.—Members of the Council ap-

3

pointed under paragraph (2)(C) shall be ap-

4

pointed for a term of 3 years.

5‘‘(B) TERM FOR AIR TRAFFIC CONTROL

6

REPRESENTATIVE.—The

memberappointed

7

under paragraph (2)(E) shall be appointed for8

a term of 3 years, except that the term of such

9

individual shall end whenever the individual no10

longer meets the requirements of paragraph

11(2)(E).

12‘‘(C) VACANCY.—Any vacancy on the13

Council shall be filled in the same manner as

14

the original appointment, except that any mem-15

ber appointed to fill a vacancy occurring before

16

the expiration of the term for which the prede-17

cessor of the member was appointed shall be

18

appointed for the remainder of that term.

19‘‘(D) CONTINUATION IN OFFICE.—A mem-20

ber of the Council whose term expires shall con-21

tinue to serve until the date on which the suc-22

cessor of the member takes office.

23‘‘(E) REMOVAL.—Any member of the24

Council appointed under paragraph (2) may beMUR24306 DVY

S.L.C.

631

removed for cause by whomever makes the ap-

2

pointment.
‘‘(F) CHAIR;

3

VICE CHAIR.—TheCouncil4

shall elect a chair and a vice chair from among5

the members appointed under subparagraphs

6(C) and (D) of paragraph (2), each of whom

7

shall serve for a term of 1 year. The vice chair

8

shall perform the duties of the chair in the ab-9sence of the chair.

10‘‘(G) TRAVEL

AND

PER

DIEM.—Each11member of the Council shall be paid actual

12

travel expenses, and per diem in lieu of subsist-

13

ence expenses when away from the usual place14of residence of the member, in accordance with15

section 5703 of title 5.
‘‘(H) DETAIL OF PERSONNEL FROM THE

16
17

ADMINISTRATION.—The

18

make available to the Council such staff, infor-

19

mation, and administrative services and assist-

20

ance as may reasonably be required to enable

21

the Council to carry out the responsibilities of

22

the Council under this subsection.’’.

2324Administrator

shall

SEC. 212. CHIEF OPERATING OFFICER.

Section 106(r) of title 49, United States Code, is

25 amended—MUR24306 DVY

S.L.C.

64123(1) in paragraph (1)—(A) by striking subparagraph (A) and inserting the following:

4‘‘(A) APPOINTMENT.—There shall be a5

Chief Operating Officer for the air traffic con-6

trol system who is appointed by the Adminis-

7

trator and subject to the authority of the Ad-

8ministrator.’’; and

9(B) in subparagraph (E) by striking ‘‘shall10

be appointed for the remainder of that term’’

11

and inserting ‘‘may be appointed for either the12

remainder of the term or for a full term’’;13(2) in paragraph (2) by striking ‘‘, with the ap-

14
15
16
17

proval of the Air Traffic Services Committee’’;(3) in paragraph (3)—(A) by striking ‘‘, in consultation with the
Air Traffic Services Committee,’’; and18(B) by striking ‘‘annual basis.’’ and insert-

19

ing— ‘‘annual basis and shall include responsi-

20

bility for—21
22‘‘(A) the state of good repair of the air
traffic control system;

23‘‘(B) the continuous improvement of the24

safety and efficiency of the air traffic control

25

system; andMUR24306 DVY

S.L.C.

65
1‘‘(C) identifying services and solutions to2increase the safety and efficiency of airspace3

use and to support the safe integration of all

4

airspace users.’’;5(4) in paragraph (4) by striking ‘‘such informa-

6tion as may be prescribed by the Secretary’’ and in-

7

serting ‘‘the annual performance agreement required

8

under paragraph (3), an assessment of the perform-

9

ance of the Chief Operating Officer in relation to the10

performance goals in the performance agreement for11

the previous year, and such other information as

12

may be prescribed by the Administrator’’; and13(5) in paragraph (5)—14(A) by striking ‘‘Chief Operating Officer,

15

or any other authority within the Administra-

16

tion responsibilities, including’’ and inserting

17‘‘Chief Operating Officer any authority of the18

Administrator and shall delegate, at a min-19

imum’’;

2021
22(B) in subparagraph (A)—(i) in clause (iii) by striking ‘‘and’’ atthe end;23(ii) in clause (iv) by striking the pe-

24

riod at the end and inserting ‘‘; and’’; andMUR24306 DVY

S.L.C.

66(iii) by adding at the end the fol-12

lowing:3‘‘(v) plans to integrate new entrant

4

operations into the national airspace sys-

5

tem and associated action items.’’; and6(C) in subparagraph (C)(ii) by striking

7
8
9
10

‘‘and the Committee’’.
SEC. 213. REPORT ON UNFUNDED CAPITAL INVESTMENTNEEDS OF AIR TRAFFIC CONTROL SYSTEM.

Section 106(r) of title 49, United States Code, is fur-

11 ther amended by adding at the end the following:
12
13
14

‘‘(6) UNFUNDED CAPITAL INVESTMENT NEEDSREPORT.—‘‘(A) IN

GENERAL.—Notlater than 10

15days after the date on which the budget of the16

President for a fiscal year is submitted to Con-

17

gress pursuant to section 1150 of title 31, the18Administrator shall submit to the Secretary, the19Committee on Transportation and Infrastruc-20

ture of the House of Representatives, and the21

Committee on Commerce, Science, and Trans-22

portation of the Senate a report on any un-

23

funded capital investment needs of the air traf-

24

fic control system.

MUR24306 DVY

S.L.C.

671‘‘(B) CONTENTS OF BRIEFING.—In pro-2

viding the report under subparagraph (A), the3Administrator shall include, for each unfunded

4

capital investment need, the following:‘‘(i) A summary description of such

5
6

unfunded capital investment need.

7‘‘(ii) The objective to be achieved if

8such unfunded capital investment need is9funded in whole or in part.

10‘‘(iii) The additional amount of funds

11

recommended in connection with such ob-

12jective.

13‘‘(iv) The Budget Line Item Program

14

and Budget Line Item number associated15with such unfunded capital investment

16

need, as applicable.

17‘‘(v) Any statutory requirement asso-

18

ciated with such unfunded capital invest-

19

ment need, as applicable.

20

‘‘(C)

PRIORITIZATIONOFREQUIRE-

21

MENTS.—The briefing required under subpara-

22

graph (A) shall present unfunded capital invest-

23

ment needs in overall urgency of priority.

2425‘‘(D) UNFUNDED

CAPITALINVESTMENT

NEED DEFINED.—In this paragraph, the termMUR24306 DVY

S.L.C.

68
1‘unfunded capital investment need’ means a2program that—3‘‘(i) is not funded in the budget of the4

President for the fiscal year as submitted

5

to Congress pursuant to section 1105 of

6

title 31;7‘‘(ii) is for infrastructure or a system8related to necessary modernization or9sustainment of the air traffic control sys-

10

tem;

11

‘‘(iii) is listed for any year in the most

12

recent National Airspace System Capital

13

Investment Plan of the Administration;

14

and

15

‘‘(iv) would have been recommended

16

for funding through the budget referred to17

in subparagraph (A) by the Administrator

18

if—

19

‘‘(I) additional resources had

20

been available for the budget to fund21

the program, activity, or mission re-22

quirement; or23‘‘(II) the program, activity, or24

missionrequirement

has

emerged25

since the budget was formulated.’’.

MUR24306 DVY

S.L.C.

69
1
2

SEC. 214. CHIEF TECHNOLOGY OFFICER.

Section 106(s) of title 49, United States Code, is

3 amended—
4(1) in paragraph (1)—5(A) in subparagraph (A) by striking

6‘‘There shall be’’ and all that follows through7

the period at the end and inserting ‘‘The Chief

8

Technology Officer shall be appointed by the9Administrator.’’;10(B) in subparagraph (B) by striking ‘‘man-

11

agement’’ and inserting ‘‘management, systems

12

management,’’;(C) by striking subparagraphs (C) and

13
14

(D);

15

(D) by redesignating subparagraphs (A)16

and (B) as subparagraphs (B) and (C), respec-17

tively; and1819(E) by inserting before subparagraph (B),as so redesignated, the following:

20‘‘(A) ESTABLISHMENT.—There shall be a21

Chief Technology Officer for the air traffic con-22

trol system that shall report directly to the23

Chief Operating Officer of the air traffic control

24

system.’’;25(2) in paragraph (2)—

MUR24306 DVY

S.L.C.

7012(A) in subparagraph (A) by striking ‘‘program’’; and3(B) in subparagraph (F) by striking ‘‘air-

4

craft operators’’ and inserting ‘‘the Administra-

5tion, aircraft operators, or other private pro-6

viders of information and services related to air

7traffic management’’; and

8(3) in paragraph (3)—9(A) in subparagraph (A) by striking ‘‘The

10

Chief Technology Officer shall be subject to the11postemployment provisions of section 207 of

12

title 18 as if the position of Chief Technology

13

Officer

14

207(c)(2)(A)(i) of that title.’’;

15
16
17

were

described

insection(B) by redesignating subparagraph (B) as
subparagraph (C); and(C) by inserting after subparagraph (A)18the following:

19

‘‘(B)

POST-EMPLOYMENT.—The

Chief

20

Technology Officer shall be subject to the21

postemployment provisions of section 207 of

22

title 18 as if the position of Chief Technology

23

Officer24

207(c)(2)(A)(i) of such title.’’.

were

described

insectionMUR24306 DVY

S.L.C.

71
1

SEC. 215. DEFINITION OF AIR TRAFFIC CONTROL SYSTEM.

2

Section 40102(a)(47) of title 49, United States Code,3 is amended—
4
5
6
7
8

(1) in subparagraph (C) by striking ‘‘and’’ atthe end;(2) in subparagraph (D) by striking the period
at the end and inserting ‘‘; and’’; and(3) by adding at the end the following:

9‘‘(E) systems, software, and hardware op-

10

erated, owned, and maintained by third parties

11

that support or directly provide air navigation

12

information and air traffic management services

13with Administration approval.’’.

14

SEC. 216. PEER REVIEW OF OFFICE OF WHISTLEBLOWER

15

PROTECTION AND AVIATION SAFETY INVES-

16

TIGATIONS.

17

Section 106(t) of title 49, United States Code, is

18 amended—
19(1) by striking paragraph (7);20(2) by inserting after paragraph (6) the fol-21

lowing:22‘‘(7) DEPARTMENT OF TRANSPORTATION OF-

23

FICE OF THE INSPECTOR GENERAL PEER REVIEW.—

24‘‘(A) IN GENERAL.—Not later than 2 years

25

after the date of enactment of the FAA Reau-

26

thorization Act of 2024, and every 5 years

MUR24306 DVY

S.L.C.

72
1

thereafter, the inspector general of the Depart-2

ment of Transportation shall perform a peer re-3view of the Office of Whistleblower Protection

4and Aviation Safety Investigations.

5‘‘(B) PEER REVIEW SCOPE.—In completing6

the peer reviews required under this paragraph,7

the inspector general shall, to the extent appro-

8

priate, use the most recent peer review guides

9

published by the Council of the Inspectors Gen-10

eral on Integrity and Efficiency Audit Com-11

mittee and Investigations Committee.

12‘‘(C) REPORTS TO CONGRESS.—Not later13

than 90 days after the completion of a peer re-

14

view required under this paragraph, the inspec-15

tor general shall submit to the Committee on

16

Transportation and Infrastructure of the House

17

of Representatives and the Committee on Com-18

merce, Science, and Transportation of the Sen-19

ate a description of any actions taken or to be20

taken to address the results of the peer re-21

view.’’; and22(3) in paragraph (8)(B) by striking the comma.

23
24

SEC. 217. CYBERSECURITY LEAD.

(a) IN GENERAL.—The Administrator shall designate

25 an executive of the FAA to serve as the lead for the cyber-

MUR24306 DVY

S.L.C.

73
1 security of FAA systems and hardware (in this section re2 ferred to as the ‘‘Cybersecurity Lead’’).
3(b) DUTIES.—The Cybersecurity Lead shall carry out

4 duties and powers prescribed by the Administrator, includ5 ing the management of activities required under subtitle
6 B of title III.
7(c) BRIEFING.—Not later than 1 and 3 years after

8 the date of enactment of this Act, the Cybersecurity Lead9 shall brief the appropriate committees of Congress on the
10 implementation of subtitle B of title III.
11

SEC. 218. ELIMINATING FAA REPORTING AND UNNECES-

12
13

SARY REQUIREMENTS.

(a) ANNUAL REPORT ON AVIATION ACTIVITIES.—

14 Section 308 of title 49, United States Code, is amended—
15(1) by striking subsection (b);16(2) by redesignating subsection (c) as sub-17
18

section (b); and(3) by redesignating subsection (e) as sub-19

section (c).

20(b) ANNUAL REPORT ON THE PURCHASE OF FOR-

21

EIGN MANUFACTURED ARTICLES.—Section 40110(d) of

22 title 49, United States Code, is amended by striking para23 graph (5).

MUR24306 DVY

S.L.C.

741(c) ANNUAL REPORT ON ASSISTANCE TO FOREIGN

2 AVIATION AUTHORITIES.—Section 40113(e) of title 49,
3 United States Code, is amended—
4(1) by striking paragraph (4); and5(2) by redesignating paragraph (5) as para-

6graph (4).

7(d) AIP ANNUAL REPORT.—Section 47131 of title

8 49, United States Code, and the item relating to such sec9 tion in the analysis for chapter 471 of such title, are re10 pealed.
11(e) TRANSFER OF AIRPORT LAND USE COMPLIANCE

12 REPORT TO NPIAS.—Section 47103 of title 49, United
13 States Code, is amended—
14
15
16

(1) by redesignating subsection (d) as subsection (e); and(2) by inserting after subsection (c) the fol-17

lowing:18‘‘(d) NON-COMPLIANT AIRPORTS.—

19‘‘(1) IN GENERAL.—The Secretary shall include

20in the plan a detailed statement listing airports the21

Secretary has reason to believe are not in compliance22with grant assurances or other requirements with re-23

spect to airport lands and shall include—

24‘‘(A) the circumstances of noncompliance;MUR24306 DVY

S.L.C.

75‘‘(B) the timeline for corrective action with1

respect to such noncompliance; and23‘‘(C) any corrective action the Secretary4intends to require to bring the airport sponsor

5

into compliance.

6‘‘(2) LISTING.—The Secretary is not required7

to conduct an audit or make a final determination

8

before including an airport on the list referred to in

9paragraph (1).’’.

10(f) NOTICE TO AIRPORT SPONSORS REGARDING PURAMERICAN MADE EQUIPMENT AND PROD-

11

CHASE OF12

UCTS.—Section 306 of the Federal Aviation Administra-

13 tion Authorization Act of 1994 (49 U.S.C. 50101 note)
14 is amended—15(1) in subsection (a) by striking ‘‘(a)’’ and all

16

that follows through ‘‘It is the sense’’ and inserting

17‘‘It is the sense’’; and(2) by striking subsection (b).

18
19
20

(g)

OBSOLETE

AVIATION

SECURITYREQUIRE-

MENTS.—Sections 302, 307, 309, and 310 of the Federal

21 Aviation Reauthorization Act of 1996 (Public Law 104–
22 264), and the items relating to such sections in the table
23 of contents in section 1(b) of such Act, are repealed.
24(h) REGULATION OF ALASKA GUIDE PILOTS.—Sec-

25 tion 732 of the Wendell H. Ford Aviation Investment andMUR24306 DVY

S.L.C.

76
1 Reform Act for the 21st Century (49 U.S.C. 44701 note)
2 is amended—
3(1) by striking subsection (b);4(2) by redesignating subsection (c) as sub-5
6section (b); and(3) in subsection (b), as so redesignated—

7(A) in the subsection heading by striking

8‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION OF

9

ALASKA GUIDE PILOT’’;

10(B) by striking ‘‘, the following definitions

11

apply’’ and all that follows through ‘‘The term

12

‘Alaska guide pilot’ ’’ and inserting ‘‘the term

13

‘Alaska guide pilot’ ’’; and14(C) by redesignating subparagraphs (A)15through (C) as paragraphs (1) through (3) (and16

adjusting the margins accordingly).

17(i) NEXT GENERATION AIR TRANSPORTATION SEN-

18

IOR POLICY COMMITTEE.—Section 710 of the Vision 100–

19 Century of Aviation Reauthorization Act (49 U.S.C.
20 40101 note), and the item relating to such section in the
21 table of contents in section 1(b) of such Act, are repealed.
22(j) IMPROVED PILOT LICENSES AND PILOT LICENSE

23 RULEMAKING.—
24(1) INTELLIGENCE REFORM AND TERRORISM

25

PREVENTION ACT.—Section 4022 of the IntelligenceMUR24306 DVY

S.L.C.

77
1

Reform and Terrorism Prevention Act of 2004 (492

U.S.C. 44703 note), and the item relating to such3

section in the table of contents in section 1(b) of

4such Act, are repealed.

5(2) FAA MODERNIZATION AND REFORM ACT OF

62012.—Section 321 of the FAA Modernization and

7

Reform Act of 2012 (49 U.S.C. 44703 note), and8

the item relating to such section in the table of con-9

tents in section 1(b) of such Act, are repealed.

10(k) TECHNICAL TRAINING AND STAFFING STUDY.—

11 Section 605 of the FAA Modernization and Reform Act
12 of 2012 (Public Law 112–95) is amended—
13(1) by striking subsection (a);14(2) in subsection (b)—(A) by striking ‘‘(b) WORKLOAD OF SYS-

15

TEMS SPECIALISTS.—’’; and

16

(B)

17

by

redesignating

paragraphs

(1)

18

through (3) as subsections (a) through (c) (and19

adjust the margins and header casing appro-

20

priately); and21(3) in subsection (c) (as so redesignated) by

22

striking ‘‘paragraph (1)’’ and inserting ‘‘subsection

23(a)’’.

24(l) FERRY FLIGHT DUTY PERIOD AND FLIGHT TIME

25 RULEMAKINGS.—Section 345 of the FAA Modernization

MUR24306 DVY

S.L.C.

78
1 and Reform Act of 2012 (49 U.S.C. 44701 note), and the2 item relating to such section in the table of contents in
3 section 1(b) of such Act, are repealed.
4(m) LASER POINTER INCIDENT REPORTS.—Section

5 2104 of FAA Extension, Safety, and Security Act of 2016
6 (49 U.S.C. 46301 note) is amended—
7(1) in subsection (a) by striking ‘‘quarterly up-

8dates’’ and inserting ‘‘annually an annual briefing’’;

9

and

10
11

(2) by adding at the end the following:‘‘(c) REPORT SUNSET.—Subsection (a) shall cease to

12 be effective after September 30, 2028.’’.
13(n) COLD WEATHER PROJECTS BRIEFING.—Section

14 156 of the FAA Reauthorization Act of 2018 (49 U.S.C.
15 47112 note) is amended—
16(1) by striking subsection (b); and17(2) by redesignating subsection (c) as sub-18

section (b).

19(o) BIANNUAL GAO AUDIT.—Any provision of the

20 FAA Modernization and Reform Act of 2012 (Public Law
21 112–95), including any amendment made by such Act,
22 that requires the Comptroller General to conduct an audit
23 (including a recurring audit) shall have no force or effect.

MUR24306 DVY

S.L.C.

791
2

SEC. 219. AUTHORITY TO USE ELECTRONIC SERVICE.

Section 46103 of title 49, United States Code, is

3 amended—45(1) in subsection (b)—(A) in paragraph (1)—(i) in subparagraph (B) by striking

6
7‘‘or’’ after the semicolon;

8(ii) in subparagraph (C) by striking

9

the period at the end and inserting a semi-

10colon; and(iii) by adding at the end the fol-

11
12

lowing:13‘‘(D) by electronic or facsimile transmission to14

the person to be served or the designated agent of15

the person; or1617‘‘(E) as designated by regulation or guidance
published in the Federal Register.’’; and18(B) by adding at the end the following:

19‘‘(3) The date of service made by an electronic

20
21
22

or facsimile method is—‘‘(A) the date an electronic or facsimiletransmission is sent; or23‘‘(B) the date a notification is sent by an

24electronic or facsimile method that a notice,

25

process, or action is immediately available and26

accessible in an electronic database.’’; andMUR24306 DVY

S.L.C.

80
1(2) in subsection (c) by striking the first sen-2

tence and inserting ‘‘Service on an agent designated3

under this section shall be made at the office or4

usual place of residence of the agent or at the elec-

5tronic or facsimile address designated by the6agent.’’.

7
8
9

SEC.

220.

SAFETYAND

EFFICIENCYTHROUGH

DIGITIZATION OF FAA SYSTEMS.

(a) IN GENERAL.—Not later than 180 days after the

10 date of enactment of this Act, the Administrator shall—
11(1) identify, at the discretion of the Adminis-

12

trator, not less than 3 processes of the FAA that re-13

sult in a certification and require paper-based infor-

14

mation exchange between external entities and the15

FAA or offices within the FAA (such as an aircraft16

certification, aircraft registration, or airmen certifi-

17

cation) or authorization, an exemption, or a letter of18

authorization; and

19(2) initiate the digitization of such processes.

20(b) REQUIREMENTS.—In carrying out the digitization

21 required under subsection (a), the Administrator shall en22 sure that the digitization of any process allows for—23(1) an applicant to track the application of such

24

applicant throughout the period of submission and25

review of such application; andMUR24306 DVY

S.L.C.

811(2) the status of the application to be available

2

upon demand to the applicant, as well as FAA em-

3ployees responsible for reviewing and making a deci-

4

sion on the application.

5(c) BRIEFING TO CONGRESS.—Not later than 2 years

6 after the date on which the Administrator initiates the
7 digitization under subsection (a)(2), the Administrator
8 shall brief the appropriate committees of Congress on the
9 progress of such digitization.
10(d) DEFINITION OF DIGITIZATION.—In this section,

11 the term ‘‘digitization’’ means the transition from a pre12 dominantly paper-based system to a system centered on
13 the use of a data management system and the internet.
14
15

SEC. 221. FAA TELEWORK.

(a) IN GENERAL.—The Administrator—

16(1) may establish telework policies for employ-17

ees of the FAA that allow for the Administrator to18

reduce the office footprint and associated expenses

19of the FAA, if appropriate, increase workforce reten-

20

tion, and provide flexibilities that the Administrator

21

demonstrates increases efficiency and effectiveness22of the Administration, while requiring that any such23

policy—24
25(A) does not adversely impact the missionof the FAA;

MUR24306 DVY

S.L.C.

8212(B) does not reduce the safety or efficiencyof the national airspace system;

3(C) for any employee that is designated as

4

an officer or executive in the FAA Executive

5

System or a political appointee (as such term is6

defined in section 106 of title 49, United States

7Code)—

8(i) maximizes time at a duty station

9for such employee, excluding official travel;

10

and

11

(ii) may include telework provisions as

12determined appropriate by the Adminis-

13

trator, commensurate with official duties

14

for such employee;

15(D) provides for on-the-job training oppor-

16

tunities for FAA personnel that are not less17

than such opportunities available in 2019;18(E) reflects the appropriate work status of

19

employees based on the job functions of such

20

employee;

21(F) optimizes the work status of inspec-

22

tors, investigators, and other personnel per-23

forming safety-related functions to ensure time-24

ly completion of safety oversight activities;

MUR24306 DVY

S.L.C.

831(G) provides for personnel, including such2

personnel performing work related to aircraft3

certification and flight standards, who are re-4

sponsible for actively working with regulated

5

entities, external stakeholders, or other mem-6

bers of the public to be—7(i) routinely available on a predictable8

basis for in-person and virtual communica-

9

tions with external persons; and10(ii) not hindered from meeting with,

11

visiting, auditing, or inspecting facilities or

12

projects of regulated persons due to any

13

telework policy; and

14(H) provides opportunities for in-person

15

dialogue, collaboration, and ideation for all em-

16ployees;17(2) ensures that locality pay for an employee of18

the FAA accurately reflects the telework status and19

duty station of such employee;

20(3) may not establish a telework policy for an

21

employee of the FAA unless such employee will be

22provided with secure network capacity, communica-

23

tions tools, necessary and secure access to appro-

24

priate agency data assets and Federal records, andMUR24306 DVY

S.L.C.

841

equipment sufficient to enable such employee to be2

fully productive; and3(4) not later than 2 years after the date of en-

4

actment of this Act, shall evaluate and address any

5telework policies in effect on the day before such6

date of enactment to ensure that such policies meet7

the requirements of paragraph (1).

8(b) CONGRESSIONAL UPDATE.—Not later than 1

9 year after the date of enactment of this Act, and 1 year
10 thereafter, the Administrator shall brief the appropriate
11 committees of Congress on any telework policies currently
12 in place, the implementation of such policies, and the ben13 efits of such policies.
14(c) CONSULTATION.—If the Administrator deter-

15 mines that telework agreements need to be updated to im16 plement the requirements of subsection (a), the Adminis17 trator shall, prior to updating such agreements, consult
18 with—19(1) exclusive bargaining representatives of air

20

traffic controllers certified under section 7111 of

21

title 5, United States Code; and22(2) labor organizations certified under such sec-

23

tion as the exclusive bargaining representative of

24

airway transportation systems specialists and avia-

25

tion safety inspectors and engineers of the FAA.

MUR24306 DVY

S.L.C.

85
1
2

SEC. 222. REVIEW OF OFFICE SPACE.

(a) FAA REVIEW.—

3(1) INITIATION OF REVIEW.—Not later than 12

4months after the date of enactment of this Act, the5Secretary shall initiate an inventory review of the6domestic office footprint of the Department of

7

Transportation.

8(2) COMPLETION OF REVIEW.—Not later than

930 months after the date of enactment of this Act,

10

the Secretary shall complete the inventory review re-11

quired under paragraph (1).

12(b) CONTENTS OF REVIEW.—In completing the re-

13 view under subsection (a), the Secretary shall—
14
15
16

(1) delineate the domestic office footprint, as
determined appropriate by the Secretary;(2) determine space adequacy related to—17(A) the Architectural Barriers Act of 1968

18

(42 U.S.C. 4151 et seq.) and the corresponding

19

accessibility guidelines established under part

20

1191 of title 36, Code of Federal Regulations;

21

and

22

(B) the Americans with Disabilities Act of

231990 (42 U.S.C. 12101 et seq.);24(3) determine the feasible occupancy of such

25

space, and provide the methodology used to make26

the determination;

MUR24306 DVY

S.L.C.

861(4) determine the number of individuals who2

are full-time equivalent employees, other support

3

personnel, or contractors that have each such unit as

4

a duty station and determine how telework policies

5will impact the usage of such space;67(5) calculate the amount of available, unused,or underutilized space in each such space;8(6) consider any lease terms for leased space

9

contained in the domestic office footprint, including

10

cost and effective dates for each such lease; and11(7) based on the findings in paragraphs (2)12through (6), and any other metrics the Secretary de-13

termines relevant, provide recommendations for opti-

14

mizing the use of office space across the Department15

in consultation with appropriate employee labor rep-16

resentatives.

17(c) REPORT.—Not later than 4 months after com-

18 pleting the review under subsection (a), the Secretary shall
19 submit to the appropriate committees of Congress a final
20 report that proposes opportunities to optimize the domes21 tic office footprint of the FAA (and associated costs). In
22 compiling such final report, the Secretary shall describe
23 opportunities for—24(1) consolidation of offices within a reasonable25

distance, as determined by the Senior Real PropertyMUR24306 DVY

S.L.C.

87
1

Officer of the Department of Transportation, from2

one another;3(2) the collocation of regional or satellite offices

4of separate modes of the Department, including the5costs and benefits of shared amenities; and6(3) the use of coworking spaces instead of per-7

manent offices.

8(d) DOMESTIC OFFICE FOOTPRINT DEFINED.—In

9 this section, the term ‘‘domestic office footprint’’ means
10 buildings, offices, facilities, and other real property rented,
11 owned, or occupied by the FAA or Department—
12(1) in which employees report for permanent or

13

temporary duty that are not FAA Airport Traffic

14

Control Towers, Terminal Radar Approach Control

15

Facilities, Air Route Traffic Control Centers, and16

Combined Control Facilities; and

17
18
19

(2) which are located within the United States.
SEC. 223. RESTORATION OF AUTHORITY.

(a) IN GENERAL.—Chapter 401 of title 49, United

20 States Code, is amended by inserting after section 40118
21 the following:
22 ‘‘§ 40119. Security and research and development ac23

tivities

24‘‘(a) DISCLOSURE.—

MUR24306 DVY

S.L.C.

88
1

‘‘(1)

REGULATIONSPROHIBITINGDISCLO-

2

SURE.—Notwithstanding the establishment of a De-

3partment of Homeland Security, the Secretary of

4Transportation,

5552(b)(3)(B) of title 5, shall prescribe regulations

6

prohibiting disclosure of information obtained or de-

7veloped in ensuring security under this title if the8

Secretary of Transportation decides disclosing the9

information would—

accordancewithsection‘‘(A) be an unwarranted invasion of per-

10
11

in

sonal privacy;

12‘‘(B) reveal a trade secret or privileged or13

confidential commercial or financial informa-

14tion; or‘‘(C) be detrimental to transportation safe-

15
16

ty.

17

‘‘(2) DISCLOSURE TO CONGRESS.—Paragraph18(1) shall not be construed to authorize information19

to be withheld from a committee of Congress author-

20

ized to have such information.

21‘‘(3) RULE

OF

CONSTRUCTION.—Nothingin22

paragraph (1) shall be construed to authorize the23

designation of information as sensitive security in-24formation (as such term is defined in section 15.5

25of title 49, Code of Federal Regulations) to—MUR24306 DVY

S.L.C.

89
1
2
3
4‘‘(A) conceal a violation of law, inefficiency, or administrative error;‘‘(B) prevent embarrassment to a person,organization, or agency;

5‘‘(C) restrain competition; or

6‘‘(D) prevent or delay the release of infor-

7

mation that does not require protection in the

8interest of transportation security, including

9basic scientific research information not clearly10

related to transportation security.

11‘‘(4) LAW ENFORCEMENT DISCLOSURE.—Sec-

12

tion 552a of title 5 shall not apply to disclosures

13

that the Administrator may make from the systems

14of records of the Federal Aviation Administration to15

any Federal law enforcement, intelligence, protective

16

service, immigration, or national security official in17

order to assist the official receiving the information18

in the performance of official duties.

19‘‘(b) TRANSFERS OF DUTIES AND POWERS PROHIB-

20

ITED.—Except as otherwise provided by law, a duty or

21 power under this section may not be transferred to an22 other department, agency, or instrumentality of the Fed23 eral Government.’’.
24(b) EFFECTIVE DATE.—The amendments made by

25 this section shall be effective as of October 5, 2018, andMUR24306 DVY

S.L.C.

90
1 all authority restored to the Secretary and the FAA under2 this section shall be treated as if such authority had never
3 been repealed by the FAA Reauthorization Act of 2018
4 (Public Law 115–254).
5(c) CONFORMING AMENDMENTS.—

6(1) CHAPTER 401 ANALYSIS.—The analysis for7

chapter 401 of title 49, United States Code, is8amended by inserting after the item relating to sec-

9tion 40118 the following:‘‘40119. Security and research and development activities.’’.

10(2) OTHER DISCLOSURE REQUIREMENTS.—Sec-

11

tion 44912(d) of title 49, United States Code, is12amended—

13(A) by striking paragraph (2); and

14(B) redesignating paragraph (3) as para-

15
16
17
18

graph (2).
SEC. 224. FAA PARTICIPATION IN INDUSTRY STANDARDSORGANIZATIONS.

(a) IN GENERAL.—The Administrator shall encour-

19 age the participation of employees of the FAA, as appro20 priate, in the activities of recognized industry standards
21 organizations to advance the adoption, reference, and ac22 ceptance rate of standards and means of compliance devel23 oped by such organizations by the Administrator.
24(b) PARTICIPATION.—An employee of the FAA di-

25 rected by the Administrator to participate in a working

MUR24306 DVY

S.L.C.

91
1 group, task group, committee, or similar body of a recog2 nized industry standards organization shall—
34(1) actively participate in the discussions andwork of such organization;

5(2) accurately represent the position of the Ad-

6ministrator on the subject matter of such discussions

7

and work;

8(3) contribute to the development of work prod-9

ucts of such organization, unless determined to be10

inappropriate by such organization;

11(4) make reasonable efforts to identify and12make any concerns of the Administrator relating to

13such work products known to such organization, in-14

cluding through providing formal comments, as may

15

be allowed for under the procedures of such organi-

16

zation;17(5) provide regular updates to other FAA em-

18

ployees and management on the progress of such

19

work products; and20(6) seek advice and input from other FAA em-

21

ployees and management, as needed.

22(c) RECOGNIZED INDUSTRY STANDARDS ORGANIZA-

23

TION DEFINED.—In this section, the term ‘‘recognized in-

24 dustry standards organization’’ means a domestic or inter25 national organization that—MUR24306 DVY

S.L.C.

921(1) uses agreed upon procedures to develop

2aviation-related industry standards or means of com-3

pliance, including standards or means of compliance

4that satisfy FAA requirements or guidance;

5(2) is comprised of members of the public, in-6

cluding subject matter experts, industry representa-

7

tives, academics and researchers, and government

8

employees; and9(3) has had at least 1 standard or means of

10compliance accepted by the Administrator or ref-11

erenced in guidance material or a regulation issued

12by the FAA after the date of enactment of the Vi-

13sion 100—Century of Aviation Reauthorization Act

14(Public Law 108–176).

15
16
17

SEC. 225. SENSE OF CONGRESS ON USE OF VOLUNTARYCONSENSUS STANDARDS.

It is the sense of Congress that the Administrator

18 should make every effort to abide by the policies set forth
19 in the circular of the Office of Management and Budget,
20 titled ‘‘Federal Participation in the Development and Use
21 of Voluntary Consensus Standards and Conformity As22 sessment Activities’’ (A–119).

MUR24306 DVY

S.L.C.

93
1
2

SEC. 226. REQUIRED DESIGNATION.

The Administrator shall designate any aviation rule-

3 making committee convened under this Act pursuant to
4 section 106(p)(5) of title 49, United States Code.
5
6

SEC. 227. ADMINISTRATIVE SERVICES FRANCHISE FUND.

Title I of the Department of Transportation and Re-

7 lated Agencies Appropriations Act, 1997 (49 U.S.C.
8 40113 note) is amended under the heading ‘‘Administra9 tive Services Franchise Fund’’ by striking ‘‘shall be paid
10 in advance’’ and inserting ‘‘may be reimbursed after per11 formance or paid in advance’’.
12
13SEC. 228. COMMERCIAL PREFERENCE.

Section 40110(d) of title 49, United States Code, is

14 further amended—15(1) in paragraph (1) by striking ‘‘and imple-

16

ment’’ and inserting ‘‘, implement, and periodically

17

update’’;18(2) in paragraph (2) by striking ‘‘the new ac-

19

quisition management system developed and imple-

20

mented’’ and inserting ‘‘the acquisition management

21

system developed, implemented, and periodically up-

22

dated’’ each place it appears;

23(3) in paragraph (3)—

24
25
26

(A) in the matter preceding subparagraph(A)—(i) by striking ‘‘new’’; andMUR24306 DVY

S.L.C.

941(ii) by striking ‘‘and implemented’’2and inserting ‘‘, implemented, and periodi-

3cally updated’’; and4(B) in subparagraph (B) by striking

5‘‘Within’’ and all that follows through ‘‘the Ad-

6ministrator’’ and inserting ‘‘The Adminis-

7

trator’’;8(4) by redesignating paragraph (4) as para-

9
10
11

graph (5); and(5) by inserting after paragraph (3) the following:

12‘‘(4) COMMERCIAL PRODUCTS AND SERVICES.—

13

In implementing and updating the acquisition man-14

agement system pursuant to paragraph (1), the Ad-

15

ministrator shall, whenever possible—

16‘‘(A) describe the requirements with re-17

spect to a solicitation for the procurement of18

supplies or services in terms of—

19‘‘(i) functions to be performed;

20‘‘(ii) performance required; or21‘‘(iii) essential physical and system

22characteristics;

23‘‘(B) ensure that commercial services or24commercial products may be procured to fulfill

25

such solicitation, or to the extent that commer-

MUR24306 DVY

S.L.C.

95
1

cial products suitable to meet the needs of the2

Administration are not available, ensure that3

nondevelopmental items other than commercial

4

products may be procured to fulfill such solici-

5tation;6‘‘(C) provide offerors of commercial serv-

7

ices, commercial products, and nondevelop-

8

mental items other than commercial products

9

an opportunity to compete in any solicitation

10

for the procurement of supplies or services;

11‘‘(D) revise the procurement policies, prac-

12

tices, and procedures of the Administration to13

reduce any impediments to the acquisition of

14

commercial products and commercial services;

15‘‘(E) ensure that any procurement of new

16

equipment takes into account the life cycle, reli-17

ability, performance, service support, and costs

18

to guarantee the acquisition of equipment that19

is of high quality and reliability resulting in

20

greater performance and cost-related benefits;

21

and

22
23
24

‘‘(F) ensure that procurement officials—‘‘(i) acquire commercial services, commercial

products,

ornondevelopmental

MUR24306 DVY

S.L.C.

961

items other than commercial products to2meet the needs of the Administration;

3‘‘(ii) in a solicitation for the procure-4

ment of supplies or services, state the spec-

5

ifications for such supplies or services in6terms that enable and encourage bidders

7

and offerors to supply commercial services

8or commercial products, or to the extent

9that commercial products suitable to meet10

the needs of the Administration are not11

available,

12

items other than commercial products;

tosupplynondevelopmental

13‘‘(iii) require that prime contractors

14and subcontractors at all levels under con-15

tracts with the Administration incorporate

16

commercial services, commercial products,

17

or nondevelopmental items other than com-18

mercial products as components of items

19

supplied to the Administration;

20‘‘(iv) modify procurement require-

21

ments in appropriate circumstances to en-22

sure that such requirements can be met by

23

commercial services or commercial prod-24

ucts, or to the extent that commercial

25

products suitable to meet the needs of theMUR24306 DVY

S.L.C.

97
1

Administration are not available, non-2

developmental items other than commercial

3

products; and4‘‘(v) require training of appropriate

5

personnel in the acquisition of commercial

6

products and commercial services.’’.

78
9SEC. 229. ADVANCED AVIATION TECHNOLOGY AND INNOVATION STEERING COMMITTEE.

(a) ESTABLISHMENT.—Not later than 180 days after

10 the date of enactment of this Act, the Administrator shall
11 establish an Advanced Aviation Technology and Innova12 tion Steering Committee (in this section referred to as the
13 ‘‘Steering Committee’’) to assist the FAA in planning for
14 and integrating advanced aviation technologies.
15(b) PURPOSE.—The steering committee shall—

16(1) create and regularly update a comprehen-

17

sive strategy and action plan for integrating ad-

18

vanced aviation technologies into the national air-

19

space system and aviation ecosystem; and20(2) provide direction and resolution for complex

21

issues related to advanced aviation technologies that22

span multiple offices or lines of business of the23

FAA, as needed.

24(c) CHAIR.—The Deputy Administrator of the FAA

25 shall serve as the Chair of the Steering Committee.

MUR24306 DVY

S.L.C.

981(d) COMPOSITION.—In addition to the Chair, the2 Steering Committee shall consist of the Assistant or Asso3 ciate Administrator, or the designee of such Adminis4 trator, of each of the following FAA offices:5(1) Office of Aviation Safety.

6(2) Air Traffic Organization.

7(3) Office of Airports.

8(4) Office of Commercial Space.

9(5) Office of Finance and Management.

10(6) Office of the Chief Counsel.

11(7) Office of Rulemaking and Regulatory Im-

12
13
14
15
16
17
18
19
20
21

provement.
(8) Office of Policy, International Affairs, andEnvironment.
(9) Office of Security and Hazardous Materials
Safety.
(10) Any other Office the Administrator determines necessary.
SEC. 230. REVIEW AND UPDATES OF CATEGORICAL EXCLUSIONS.

(a) REVIEW.—Not later than 1 year after the date

22 of enactment of this Act, the Secretary shall identify each
23 categorical exclusion under the jurisdiction of the Depart24 ment of Transportation, including any operating adminis25 tration within the Department.

MUR24306 DVY

S.L.C.

991(b) NEW CATEGORICAL EXCLUSIONS FOR AIRPORT

2 PROJECTS.—Not later than 2 years after the date of en3 actment of this Act, the Administrator shall—
4(1) review the categorical exclusions applied by5other operating administrations identified in sub-6

section (a); and7(2) take such action as may be necessary to8adopt, as relevant and appropriate, new categorical9

exclusions that meet the requirements of section

101508.4 of title 40, Code of Federal Regulations,11from among categorical exclusions reviewed by the12

Secretary in paragraph (1) for use by the FAA.

13

TITLE III—AVIATION SAFETY
IMPROVEMENTS
Subtitle A—General Provisions

14
15
16

SEC. 301. HELICOPTER AIR AMBULANCE OPERATIONS.

17(a) OUTDATED AIR AMBULANCE RULEMAKING RE-

18

QUIREMENT.—Section 44730 of title 49, United States

19 Code, is amended—20(1) in subsection (a)(1) by striking ‘‘not later

21

than 180 days after the date of enactment of this22

section,’’;23(2) in subsection (c) by striking ‘‘address the24

following’’ and inserting ‘‘consider, or address

25

through other means, the following’’;MUR24306 DVY

S.L.C.

1001(3) in subsection (d) by striking ‘‘provide for2

the following’’ and inserting ‘‘consider, or address

3

through other means, the following’’; and45(4) in subsection (e)—(A) in the heading by striking ‘‘SUBSERULEMAKING’’ and inserting ‘‘SUBSE-

6

QUENT

7

QUENT ACTIONS’’;

8(B) in paragraph (1) by striking ‘‘shall9

conduct a follow-on rulemaking to address the10following:’’ and inserting ‘‘shall address through11

a follow-on rulemaking, or through such other12

means that the Administrator considers appro-

13

priate, the following:’’;

14(C) by striking paragraph (2); and15(D) by redesignating paragraph (3) as

16
17

paragraph (2).
(b) SAFETY MANAGEMENT SYSTEMS BRIEFING.—

18 Not later than 180 days after the date of enactment of
19 this Act, the Administrator shall brief the appropriate
20 committees of Congress on how the proposed rule pub21 lished on January, 11, 2023, titled ‘‘Safety Management
22 System’’ (88 Fed. Reg. 1932) will—
23
24(1) improve helicopter air ambulance operations
and piloting; andMUR24306 DVY

S.L.C.

1011(2) consider the use of safety equipment by

2

flight crew and medical personnel on a helicopter

3

conducting an air ambulance operation.

4(c) IMPROVEMENT OF PUBLICATION OF HELICOPTER

5 AIR AMBULANCE OPERATIONS DATA.—Section 44731 of
6 title 49, United States Code, is amended—
7(1) by striking subsection (d);8(2) in subsection (e)—

9
10
11

(A) in paragraph (1) by striking ‘‘and’’ atthe end; and(B) by striking paragraph (2) and insert-

12

ing the following:

13‘‘(2) make publicly available, in part or in

14

whole, on the website of the Federal Aviation Ad-

15ministration website, the database developed pursu-

16

ant to subsection (c); and17‘‘(3) analyze the data submitted under sub-18

section (a) periodically and use such data to inform

19

efforts to improve the safety of helicopter air ambu-

20

lance operations.’’; and2122(3) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.

MUR24306 DVY

S.L.C.

102
1
2
3

SEC. 302. GLOBAL AIRCRAFT MAINTENANCE SAFETY IMPROVEMENTS.

(a) FAA OVERSIGHT OF REPAIR STATIONS LOCATED

4 OUTSIDE THE UNITED STATES.—
5678(1) IN GENERAL.—Section 44733 of title 49,
United States Code, is amended—(A) in the heading by striking ‘‘Inspection’’ and inserting ‘‘Oversight’’;

9(B) in subsection (a) by striking ‘‘Not

10later than 1 year after the date of enactment of

11

this section, the’’ and inserting ‘‘The’’;12(C) in subsection (e)—13(i) by inserting ‘‘, without prior notice14

to such repair stations,’’ after ‘‘annually’’;15(ii) by inserting ‘‘and the applicable16

laws of the country in which the repair sta-17

tion is located’’ after ‘‘international agree-18

ments’’; and19(iii) by striking the last sentence and20

inserting ‘‘The Administrator may carry21

out announced or unannounced inspections

22in addition to the annual unannounced in-23

spection required under this subsection

24

based on identified risks and in a manner25

consistent with United States obligations

26

under international agreements and theMUR24306 DVY

S.L.C.

103
1

applicable laws of the country in which the2part 145 repair station is located.’’;3(D) by redesignating subsection (g) as sub-

4
5
6
7

section (j); and(E) by inserting after subsection (f) the
following:‘‘(g) DATA ANALYSIS.—

8‘‘(1) IN GENERAL.—Each fiscal year in which a9part 121 air carrier has had heavy maintenance10

work performed on an aircraft owned or operated by

11such carrier, such carrier shall provide to the Ad-

12ministrator, not later than the end of the following

13

fiscal year, a report containing the information de-

14

scribed in paragraph (2).

15
16‘‘(2) INFORMATION REQUIRED.—A report underparagraph (1) shall contain the following:

17‘‘(A) The location where any heavy mainte-

18

nance work on aircraft was performed outside

19

the United States.

20
21
22
23

‘‘(B) A description of the work performedat each such location.
‘‘(C) The date of completion of the work
performed at each such location.

24‘‘(D) A list of all failures, malfunctions, or25

defects affecting the safe operation of such air-MUR24306 DVY

S.L.C.

104
1

craft identified by the air carrier not later than2

30 days after the date on which an aircraft is3

returned to service, organized by reference to4aircraft registration number, that—5‘‘(i) requires corrective action after

6

the aircraft is approved for return to serv-

7

ice; and8‘‘(ii) results from such work per-9

formed on such aircraft.

10‘‘(E) The certificate number of the person

11

approving such aircraft or on-wing aircraft en-

12gine, for return to service following completion

13of the work performed at each such location.

14‘‘(3) ANALYSIS.—The Administrator shall—

15‘‘(A) analyze information provided under

16

this subsection and sections 121.703, 121.705,

17

121.707, and 145.221 of title 14, Code of Fed-18

eral Regulations, or any successor provisions of

19such title, to detect safety issues associated20with heavy maintenance work on aircraft per-21

formed outside the United States; and22‘‘(B) require appropriate actions by an air

23

carrier or repair station in response to any safe-

24

ty issue identified by the analysis conducted25

under subparagraph (A).

MUR24306 DVY

S.L.C.

1051‘‘(4) CONFIDENTIALITY.—Information provided

2

under this subsection shall be subject to the same3

protections given to voluntarily provided safety or

4

security related information under section 40123.

5‘‘(h) APPLICATIONS AND PROHIBITION.—

6‘‘(1) IN GENERAL.—The Administrator may not

7

approve any new application under part 145 of title

8

14, Code of Federal Regulations, from a person lo-

9cated or headquartered in a country that the Admin-

10

istration, through the International Aviation Safety

11

Assessment program, has classified as Category 2.

12‘‘(2) EXCEPTION.—Paragraph (1) shall not

13

apply to an application for the renewal of a certifi-

14cate issued under part 145 of title 14, Code of Fed-15

eral Regulations.

16‘‘(3) MAINTENANCE IMPLEMENTATION PROCE-

17

DURES AGREEMENT.—The Administrator may elect18

not to enter into a new maintenance implementation

19

procedures agreement with a country classified as

20

Category 2, for as long as the country remains clas-

21

sified as Category 2.

22‘‘(4) PROHIBITIONONCONTINUED

HEAVY

23

MAINTENANCE WORK.—No part 121 air carrier may

24

enter into a new contract for heavy maintenance25

work with a person located or headquartered in aMUR24306 DVY

S.L.C.

106
1

country that the Administrator, through the Inter-2

national Aviation Safety Assessment program, has

3classified as Category 2, for as long as such country

4

remains classified as Category 2.

5‘‘(i) MINIMUM QUALIFICATIONSOTHERS WORKING

6

AND

7

CRAFT.—ONFOR

MECHANICS

U.S. REGISTERED AIR-8‘‘(1) IN GENERAL.—Not later than 18 months

9

after the date of enactment of this subsection, the10Administrator shall require that, at each covered re-11

pair station—

12‘‘(A) all supervisory personnel of such sta-

13

tion are appropriately certificated as a me-

14

chanic or repairman under part 65 of title 14,

15

Code of Federal Regulations, or under an

16

equivalent certification or licensing regime, as

17determined by the Administrator; and18‘‘(B) all personnel of such station author-

19

ized to approve an article for return to service

20

are appropriately certificated as a mechanic or21

repairman under part 65 of such title, or under22

an equivalent certification or licensing regime,23

as determined by the Administrator.

24‘‘(2) AVAILABLE

25

FOR

CONSULTATION.—Notlater than 18 months after the date of enactment ofMUR24306 DVY

S.L.C.

107
1

this subsection, the Administrator shall require any

2individual who is responsible for approving an article3

for return to service or who is directly in charge of4

heavy maintenance work performed on aircraft oper-

5

ated by a part 121 air carrier be available for con-6

sultation while work is being performed at a covered

7

repair station.’’.

8(2) DEFINITIONS.—

9(A) IN

GENERAL.—Section

44733(j) of

10title 49, United States Code (as redesignated by

11

this section), is amended—12(i) in paragraph (1) by striking ‘‘air-

13

craft’’ and inserting ‘‘aircraft (including

14

on-wing aircraft engines)’’;15(ii) by redesignating paragraphs (1)16through (3) as paragraphs (2) through (4),17respectively; and

18
19
20
21

(iii) by inserting before paragraph (2),as so redesignated, the following:‘‘(1) COVEREDREPAIR STATION.—The

term‘covered repair station’ means a facility that—

22‘‘(A) is located outside the United States;

23‘‘(B) is a part 145 repair station; and24‘‘(C) performs heavy maintenance work on

25

aircraft operated by a part 121 air carrier.’’.

MUR24306 DVY

S.L.C.

108
1(B)

TECHNICALAMENDMENT.—Section

244733(a)(3) of title 49, United States Code, is3amended by striking ‘‘covered part 145 repair

4

stations’’ and inserting ‘‘part 145 repair sta-

5

tions’’.

6(3) CONFORMING AMENDMENTS.—The analysis

7

for chapter 447 of title 49, United States Code, is8amended by striking the item relating to section

944733 and inserting the following:‘‘44733. Oversight of repair stations located outside the United States.’’.

10(b) ALCOHOL

11

GROUND CHECKS.—ANDDRUG TESTING

AND

BACK-

12

(1) IN GENERAL.—Not later than 18 months

13

after the date of enactment of this Act, the Adminis-

14

trator shall issue a final rule carrying out the re-15

quirements of section 2112(b) of the FAA Exten-

16sion, Safety, and Security Act of 2016 (49 U.S.C.

1744733 note).

18(2) RULEMAKING ON ASSESSMENT REQUIRE-

19

MENT.—With respect to any employee not covered

20

under the requirements of section 1554.101 of title

21

49, Code of Federal Regulations, the Administrator

22

shall initiate a rulemaking (or request that the head23of another Federal agency initiate a rulemaking)24

that requires a covered repair station to confirm

25that any such employee has successfully completed

MUR24306 DVY

S.L.C.

1091

an assessment commensurate with a security threat2

assessment described in subpart C of part 1540 of3such title.

4(3) DEFINITION

OF

COVEREDREPAIR

5

TION.—For

6‘‘covered repair station’’ means a facility that—

STA-

purposes of this subsection, the term

7(A) is located outside the United States;

8(B) is certificated under part 145 of title

914, Code of Federal Regulations; and10(C) performs heavy maintenance work on

11

aircraft (including on-wing aircraft engines),

12

operated under part 121 of title 14, Code of13

Federal Regulations.

14

SEC. 303. ODA BEST PRACTICE SHARING.

15

Section 44736(b) of title 49, United States Code, is

16 amended—17(1) in paragraph (1) by striking ‘‘Not later18

than 120 days after the date of enactment of this19

section, the’’ and insert ‘‘The’’; and20(2) in paragraph (3)—

21
22
23
24
25

(A) in subparagraph (E) by striking ‘‘and’’at the end;(B) in subparagraph (F) by striking theperiod and inserting ‘‘; and’’; and(C) by adding at the end the following:MUR24306 DVY

S.L.C.

1101‘‘(G) convene a forum not less than every

2

2 years between ODA holders, unit members,

3

and other organizational representatives and4

relevant experts, in order to—5‘‘(i) share best practices;6‘‘(ii) instill professionalism, ethics,

7

and personal responsibilities in unit mem-8bers; and‘‘(iii) foster open and transparent

910communication

betweenAdministration

11

safety specialists, ODA holders, and unit

12

members.’’.

13

SEC. 304. TRAINING OF ORGANIZATION DELEGATION AU-

14

THORIZATION UNIT MEMBERS.

15(a) UNIT MEMBER ANNUAL ETHICS TRAINING.—

16 Section 44736 of title 49, United States Code, is further
17 amended by adding at the end the following:
18‘‘(g) ETHICS TRAINING REQUIREMENT FOR ODA

19 HOLDERS.—
20‘‘(1) IN GENERAL.—Not later than 1 year after

21

the date of enactment of this subsection, the Admin-

22

istrator of the Federal Aviation Administration shall23

review and ensure each ODA holder approved under24

section 44741 has in effect a recurrent training pro-

25

gram for all ODA unit members that covers—

MUR24306 DVY

S.L.C.

111‘‘(A) unit member professional obligations

1
2

and responsibilities;

3‘‘(B) the ODA holder’s code of ethics as

4required to be established under section 102(f)5of the Aircraft Certification, Safety, and Ac-

6countability Act (49 U.S.C. 44701 note);7‘‘(C) procedures for reporting safety con-8

cerns, as described in the respective approved

9

procedures manual for the delegation;

10‘‘(D) the prohibition against and reporting

11

procedures for interference from a supervisor or12other ODA member described in section 44742;

13

and

14

‘‘(E) any additional information the Ad-

15

ministrator considers relevant to maintaining

16

ethical and professional standards across all

17

ODA holders and unit members.

18‘‘(2) FAA REVIEW.—

19‘‘(A) REVIEW OF TRAINING PROGRAM.—20The Organization Designation Authorization

21

Office of the Administration shall review each

22

ODA holders’ recurrent training program to en-23

sure such program includes—

2425‘‘(i) all elements described in paragraph (1); andMUR24306 DVY

S.L.C.

112
1‘‘(ii) training to instill professionalism

2

and clear understanding among ODA unit

3

members about the purpose of and proce-4

dures associated with safety management5

systems, including the provisions of the6third edition of the Safety Management

7

Manual issued by the International Civil

8

Aviation Organization (Doc 9859) (or any

9

successor edition).

10‘‘(B) CHANGES TO PROGRAM.—Such Office11

may require changes to the training program

12

considered necessary to maintain ethical and

13

professional standards across all ODA holders

14

and unit members.

15‘‘(3) TRAINING.—As part of the recurrent

16

training required under paragraph (1), not later17

than 60 business days after being designated as an

18

ODA unit member, and annually thereafter, each19

ODA unit member shall complete the ethics training

20

required by the ODA holder of the respective ODA

21unit member in order to exercise the functions dele-22

gated under the ODA.

23
24

‘‘(4)

ACCOUNTABILITY.—The

Administrator

shall establish such processes or requirements as areMUR24306 DVY

S.L.C.

113
1

necessary to ensure compliance with paragraph2(3).’’.

3(b) DEADLINE.—An ODA unit member authorized to

4 perform delegated functions under an ODA prior to the
5 date of completion of an ethics training required under
6 section 44736(g) of title 49, United States Code, shall
7 complete such training not later than 60 days after the
8 training program is approved by the Administrator pursu9 ant to such section.
10

SEC. 305. CLARIFICATION ON SAFETY MANAGEMENT SYS-

11

TEM INFORMATION DISCLOSURE.

12

Section 44735 of title 49, United States Code, is

13 amended—(1) in subsection (a)—14(A) in paragraph (1) by striking ‘‘; or’’15

and inserting a semicolon;

16(B) in paragraph (2) by striking the period

17

at the end and inserting ‘‘; or’’; and1819(C) by adding at the end the following:

20‘‘(3) if the report, data, or other information is

21

submitted for any purpose relating to the develop-

22

ment and implementation of a safety management

23

system, including a system required by regulation.’’;

24

and

25

(2) by adding at the end the following:MUR24306 DVY

S.L.C.

1141‘‘(d) OTHER AGENCIES.—

2‘‘(1) IN GENERAL.—The limitation established3

under subsection (a) shall apply to the head of any

4other Federal agency who receives reports, data, or5other information described in such subsection from6

the Administrator.

7‘‘(2) RULE OF CONSTRUCTION.—This section

8

shall not be construed to limit the accident or inci-

9dent investigation authority of the National Trans-

10

portation Safety Board under chapter 11, including11

the requirement to not disclose voluntarily provided

12

safety-related information under section 1114.’’.

13

SEC. 306. REAUTHORIZATION OF CERTAIN PROVISIONS OF

14

THE AIRCRAFT CERTIFICATION, SAFETY, AND

15

ACCOUNTABILITY ACT.

16(a) OVERSIGHTOF

ORGANIZATION DESIGNATION

17 AUTHORIZATION UNIT MEMBERS.—Section 44741 of title
18 49, United States Code, is amended—19(1) in subsection (f)(2)—20(A) in the matter preceding subparagraph21(A) by striking ‘‘Not later than 90 days’’ and22

all that follows through ‘‘the Administrator

23

shall provide a briefing’’ and inserting ‘‘The

24

Administrator shall provide biannual briefings

MUR24306 DVY

S.L.C.

115
1

each fiscal year through September 30, 2028’’;

2

and

3

(B) in subparagraph (B) by striking ‘‘90-

4

day period’’ and inserting ‘‘6-month period’’;

5

and

6

(2) in subsection (j) by striking ‘‘2023’’ and in-

7

serting ‘‘2028’’.

8(b) INTEGRATED PROJECT TEAMS.—Section 108(f)9 of division V of the Consolidated Appropriations Act, 2021
10 (49 U.S.C. 44704 note) is amended by striking ‘‘fiscal
11 year 2023’’ and inserting ‘‘fiscal year 2028’’.
12(c) APPEALS OF CERTIFICATION DECISIONS.—Sec-

13 tion 44704(g)(1)(C)(ii) of title 49, United States Code,14 is amended by striking ‘‘calendar year 2025’’ and insert15 ing ‘‘calendar year 2028’’.
16(d) PROFESSIONAL DEVELOPMENT, SKILLS EN-

17

HANCEMENT, CONTINUING EDUCATION AND TRAINING.—

18 Section 44519(c) of title 49, United States Code, is
19 amended by striking ‘‘2023’’ and inserting ‘‘2028’’.
20(e) VOLUNTARY SAFETY REPORTING PROGRAM.—

21 Section 113(f) of division V of the Consolidated Appro22 priations Act, 2021 (49 U.S.C. 44701 note) is amended
23 by striking ‘‘fiscal year 2023’’ and inserting ‘‘fiscal year
24 2028’’.

MUR24306 DVY

S.L.C.

116
1(f) CHANGED PRODUCT RULE.—Section 117(b)(1) of

2 division V of the Consolidated Appropriations Act, 2021
3 (49 U.S.C. 44704 note) is amended by striking ‘‘fiscal
4 year 2023’’ and inserting ‘‘fiscal year 2028’’.
5(g) DOMESTIC AND INTERNATIONAL PILOT TRAIN-

6

ING.—Section 119(f)(3) of division V of the Consolidated

7 Appropriations Act, 2021 is amended by striking ‘‘2023’’
8 and inserting ‘‘2028’’.
9(h) SAMYA ROSE STUMO NATIONAL AIR GRANT FEL-

10

LOWSHIP PROGRAM.—Section 131(d) of division V of the

11 Consolidated Appropriations Act, 2021 (49 U.S.C. 40101
12 note) is amended by striking ‘‘2025’’ and inserting
13 ‘‘2028’’.
14
15
16

SEC. 307. CONTINUED OVERSIGHT OF FAA COMPLIANCE
PROGRAM.

Section 122 of the Aircraft Certification, Safety, and17 Accountability Act (Public Law 116–260) is amended—1819(1) in subsection (b) by striking paragraph (2)and inserting the following:

20‘‘(2) conduct an annual agency-wide evaluation

21of the Compliance Program through fiscal year 202822

to assess the functioning and effectiveness of such23

program and to assess—

24‘‘(A) the need for long-term metrics that,25

to the maximum extent practicable, apply to allMUR24306 DVY

S.L.C.

1171

program offices to assess the effectiveness of2

the program;‘‘(B) if the program ensures the highest

3
4level of compliance with safety standards;‘‘(C) if the program has met its stated5
6

safety goals and purpose; and‘‘(D) FAA employee confidence in the pro-

7
8

gram.’’;

9(2) in subsection (c)(4) by striking ‘‘2023’’ and

10
11
12

inserting ‘‘2028’’; and(3) in subsection (d) by striking ‘‘2023’’ and inserting ‘‘2028’’.

13

SEC. 308. SCALABILITY OF SAFETY MANAGEMENT SYSTEMS.

14

In conducting any rulemaking to require, or imple-

15 menting a regulation requiring, a safety management sys16 tem, the Administrator shall consider the scalability of
17 such safety management system requirements to the full18 range of entities in terms of size or complexity that may
19 be affected by such rulemaking or regulation, including—20(1) how an entity can demonstrate compliance21

using various documentation, tools, and methods, in-22

cluding, as appropriate, systems with multiple small

23

operators collectively monitoring for and addressing

24

risks;

MUR24306 DVY

S.L.C.

118
1(2) a review of traditional safety management2

techniques and the suitability of such techniques for3

small entities;(3) the applicability of existing safety manage-

4
5

ment system programs implemented by an entity;

6(4) the suitability of existing requirements

7

under part 5 of title 14, Code of Federal Regula-

8

tions, for small entities; and9(5) other unique challenges relating to small en-

10

tities the Administrator determines appropriate to11

consider.

12

SEC. 309. REVIEW OF SAFETY MANAGEMENT SYSTEM RULE-

13
14

MAKING.

(a) IN GENERAL.—Not later than 60 days after the

15 date of enactment of this Act, the Administrator shall re16 view the final rule of the FAA titled ‘‘Safety Management
17 Systems’’ and issued on April 26, 2024 (89 Fed. Reg.
18 33068).
19(b) APPLICABILITY.—In reviewing the final rule

20 under subsection (a), the Administrator shall ensure that
21 the safety management system requirement under the no22 tice of proposed rulemaking described in subsection (a) is
23 applied to all certificate holders operating under the rules
24 for commuter and on-demand operations under part 135
25 of title 14, Code of Federal Regulations, commercial airMUR24306 DVY

S.L.C.

119
1 tour operators operating under section 91.147 of such
2 title, production certificate holders that are holders or li3 censees of a type certificate for the same product, and4 holders of a type certificate who license out such certifi5 cate for production under part 21 of such title.
(c) DETERMINATION.—If the Administrator deter-

6

7 mines the final rule does not apply the safety management
8 system requirement in the manner described in subsection
9 (b), the Administrator shall issue such regulation, guid10 ance, or policy as may be necessary to ensure such safety
11 management system requirement is applied in such man12 ner.
13

SEC. 310. INDEPENDENT STUDY ON FUTURE STATE OF

14

TYPE CERTIFICATION PROCESSES.

15(a) REVIEW AND STUDY.—Not later than 180 days

16 after the date of enactment of this Act, the Administrator
17 shall seek to enter into an agreement with an appropriate
18 federally funded research and development center, or other19 independent nonprofit organization that recommends solu20 tions to aviation policy challenges through objective anal21 ysis, to conduct a review and study in accordance with
22 the requirements and elements in this section.
23(b) ELEMENTS.—The entity carrying out the review

24 and study pursuant to subsection (a) shall provide anal-

MUR24306 DVY

S.L.C.

120
1 yses, assessments, and recommendations that address the
2 following elements:
3(1) A vision for a future state of type certifi-

4

cation that reflects the highly complex, highly inte-

5grated nature of modern aircraft and improvements

6

in aviation safety.

7(2) An assessment of digital tools, techniques,8and software systems that allow for efficient and vir-

9tual evaluation of an applicant design, associated10

documentation, and software or systems engineering

11

products, including in digital 3-dimensional formats

12

or using model-based systems engineering design

13

techniques.

14(3) How the FAA could develop a risk-based

15

model for type certification that improves the safety

16of aircraft.

17(4) What changes are needed to ensure that18

corrective actions for continued operational safety

19

issues can be approved and implemented in a timely

20

manner, including software modifications, while21

maintaining the integrity of the type certification

22

process.

23(5) What efficiencies and safety process im-

24

provements are needed in the type certification sys-

25

tem of the FAA that would facilitate the assessment

MUR24306 DVY

S.L.C.

121
1

and integration of innovating technologies that ad-

2vance aviation safety, such as conducting product fa-

3

miliarization, developing certification requirements,

4and demonstrating flight test safety readiness.

5(6) Best practices and tools used by other cer-

6tification authorities outside of the United States

7

that could be adopted by the FAA, as well as the8best practices and tools used by the FAA which can

9be shared with certification authorities outside of the10

United States.

11(c) PARTIES TO REVIEW.—In conducting the review

12 and study pursuant to subsection (a), the Administrator
13 shall ensure that the entity entering into an agreement
14 under this section shall, throughout the review and study,
15 consult with—
16
17
18

(1) the aircraft certification and flight standards offices or services of the Administration; and(2) at least 3 industry members representing

19

aircraft and aircraft part manufacturing interests.

20(d) CONSIDERATIONS.—In conducting the review and

21 study pursuant to subsection (a), the Administrator shall22 ensure the entity considers the availability, cost, interoper23 ability, scalability, adaptability, cybersecurity, ease of
24 adoption, and potential safety benefits of the elements de25 scribed in subsection (b), including any digital tools, tech-MUR24306 DVY

S.L.C.

122
1 niques, and software systems recommended to address
2 such elements.
3(e) REPORT.—Not later than 18 months after the

4 date of enactment of this Act, the entity conducting the
5 review and study pursuant to subsection (a) shall submit
6 to the Administrator and the appropriate committees of
7 Congress a report on the results of the review and study
8 that includes—
910(1) the findings and recommendations of theentity; and11(2) an assessment of whether digital tools, tech-

12

niques, and software systems could improve the co-13

ordination, oversight, or safety of the certification14and validation activities of the FAA.

15(f) CONGRESSIONAL BRIEFING.—Not later than 270

16 days after the report required under subsection (e) is re17 ceived by the Administrator, the Administrator shall brief
18 the appropriate committees of Congress on—
1920(1) any actions the FAA proposes to take as aresult of such findings and recommendations; and21(2) the rationale of the FAA for not taking ac-

22tion on any specific recommendation, as applicable.

MUR24306 DVY

S.L.C.

123
1

SEC. 311. USE OF ADVANCED TOOLS AND HIGH-RISK

2

FLIGHT TESTING IN CERTIFYING AEROSPACE

3

PRODUCTS.

4(a) ASSESSMENT.—Not later than 18 months after

5 the date of enactment of this Act, the Administrator shall
6 complete an assessment of the use of advanced tools dur7 ing the testing, analysis, and verification stages of aero8 space certification projects to reduce the risks associated
9 with high-risk flight profiles and performing limit testing.
10(b) CONSIDERATIONS.—In carrying out the assess-

11 ment under subsection (a), the Administrator shall con12 sider—13(1) instances in which high-risk flight profiles

14

and limit testing have occurred in the certification

15

process and the applicability of the data produced by

16

such testing for use in other aspects of flight testing;17(2) the safety of pilots during such testing;18(3) the value and accuracy of data collected

19

using the advanced tools described in subsection (a);20(4) the ability to produce more extensive data

21

sets using such advanced tools;

22(5) any aspects of such testing for which the23

use of such advanced tools would not be valuable or24

applicable;

25(6) the cost of using such advanced tools; andMUR24306 DVY

S.L.C.

124
1(7) the best practices of other international civil

2aviation authorities that permit the use of advanced

3

tools during aerospace certification projects.

4(c) CONSULTATION.—In carrying out the assessment

5 under subsection (a), the Administrator shall consult
6 with—7(1) aircraft manufacturers, including manufac-

8

turers that have designed and certified aircraft

9under—(A) part 23 of title 14, Code of Federal

10Regulations;

1112(B) part 25 of such title; or

13(C) part 27 of such title;

14(2) aircraft manufacturers that have designed

15

and certified, or are in the process of certifying, air-16

craft with a novel design under part 21.17(b) of

17such title;(3) associations representing aircraft manufac-

18
19

turers;(4) researchers and academics in related fields;

20
21

and

22

(5) pilots who are experts in flight testing.

23(d) CONGRESSIONAL REPORT.—Not later than 60

24 days after the completion of the assessment under sub25 section (a), the Administrator shall brief the appropriate

MUR24306 DVY

S.L.C.

125
1 committees of Congress on the results of the assessment
2 conducted under subsection (a).
3(e) REQUIRED UPDATES.—

4(1) IN GENERAL.—Not later than 2 years after5

the date of enactment of this Act, the Administrator

6

shall take necessary actions based on the results of7

the assessment under subsection (a), including, as

8

appropriate—

9
10
11

(A) amending part 21 of title 14, Code ofFederal Regulations; and(B) modifying any associated advisory cir-12

culars, guidance, or policy of the FAA.

13(2) REQUIREMENTS.—In taking actions under

14

paragraph (1), the Administrator shall consider—

15(A) developing validation criteria and pro-16

cedures whereby data produced in high-fidelity

17

engineering laboratories and facilities may be

18

allowed (in conjunction with, or in lieu of) data

19

produced on a flying test article to support an

20

applicant’s showing of compliance required

21

under section 21.35(a)(1) of title 14, Code of22

Federal Regulations;23(B) developing criteria and procedures

24

whereby an Organization Designation Author-

25

ization (as defined in section 44736(c)(5) ofMUR24306 DVY

S.L.C.

126
1

title 49, United States Code) may recommend

2that certain data produced during an appli-

3

cant’s flight test program may be accepted by

4

the FAA as final compliance data in accordance5with section 21.35(b) of title 14, Code of Fed-6eral Regulations, at the sole discretion of the7

FAA; and

8(C) working with other international civil

9

aviation authorities representing States of De-

10sign to—1112(i) identify their best practices relative
to high risk-flight testing; and13(ii) adopt such practices into the14flight-testing requirements of the FAA to

15

the maximum extent practicable.

16

SEC. 312. TRANSPORT AIRPLANE AND PROPULSION CER-

17

TIFICATION MODERNIZATION.

18

Not later than 2 years after the date of enactment

19 of this Act, the Administrator shall publish a notice of
20 proposed rulemaking for the item titled ‘‘Transport Air21 plane and Propulsion Certification Modernization’’, pub22 lished in Fall 2022 in the Unified Agenda of Federal Reg23 ulatory and Deregulatory Actions (RIN 2120–AL42).
24
25

SEC. 313. FIRE PROTECTION STANDARDS.

(a) INTERNAL REGULATORY REVIEW TEAM.—MUR24306 DVY

S.L.C.

127
1(1) ESTABLISHMENT.—Not later than 1 year2

after the date of enactment of this Act, the Adminis-

3

trator shall establish an internal regulatory review

4team (in this section referred to as the ‘‘Team’’).

5(2) REVIEW.—

6(A) IN GENERAL.—The Team shall con-7

duct a review comparing foreign and domestic

8

airworthiness standards and guidance for air-9

craft engine firewalls.

1011(B) REQUIREMENTS.—In conducting thereview, the Team shall—

12(i) identify any significant differences13

in standards or guidance with respect to14

test article selection and fire test bound-15

aries and evaluation criteria for such tests,

16

including the use of certification by anal-

17

ysis for cases in which substantially similar

18

designs have passed burn tests;

19(ii) assess the safety implications for20

any products imported into the United

21

States that do not comply with the firewall

22

requirements of the FAA; and2324(iii) consult with industry stakeholders
to the maximum extent practicable.

MUR24306 DVY

S.L.C.

1281(b) DUTIES OF THE ADMINISTRATOR.—The Adminis-

2 trator shall—
3(1) not later than 60 days after the date on

4which the Team reports the findings of the review

5

to the Administrator, update the Significant Stand-6

ards List of the FAA based on such findings, as ap-

7

propriate; and

8(2) not later than 90 days after such date, sub-9

mit to the appropriate committees of Congress a re-10

port on such findings and any recommendations for11such legislative or administrative action as the Ad-

12ministrator determines appropriate.

13
14
15

SEC. 314. RISK MODEL FOR PRODUCTION FACILITY INSPECTIONS.

(a) IN GENERAL.—Not later than 12 months after

16 the date of enactment of this Act, and periodically there17 after, the Administrator shall—
18(1) conduct a review of the risk-based model

19

used by certification management offices of the FAA

20

to inform the frequency of aircraft manufacturing or

21

production facility inspections; and22(2) update the model to ensure such model ade-

23

quately accounts for risk at facilities during periods

24of increased production.

MUR24306 DVY

S.L.C.

1291(b) BRIEFINGS.—Not later than 60 days after the

2 date on which the review is completed under subsection
3 (a), the Administrator shall brief the appropriate commit4 tees of Congress on—
5(1) the results of the review;

6(2) any changes made to the risk-based model

789described in subsection (a); and(3) how such changes would help improve thein-plant inspection process.

10

SEC. 315. REVIEW OF FAA USE OF AVIATION SAFETY DATA.

11(a) IN GENERAL.—Not later than 2 years after the

12 date of enactment of this Act, the Administrator shall seek
13 to enter into an appropriate arrangement with a qualified
14 third-party organization or consortium to evaluate the Ad15 ministration’s collection, collation, analysis, and use of
16 aviation data across the Administration.
17(b) CONSULTATION.—In completing the evaluation

18 under subsection (a), the qualified third-party organiza19 tion or consortium shall—
20(1) seek the input of experts in data analytics,

21

including at least 1 expert in the commercial data

22

services or analytics solutions sector;

23(2) consult with the National Transportation

24

Safety Board and the Transportation Research

25

Board; andMUR24306 DVY

S.L.C.

1301(3) consult with appropriate federally funded2

research and development centers, to the extent that3such centers are not already involved in the evalua-

4

tion.

5

(c) SUBSTANCE OF EVALUATION.—In completing the

6 evaluation under subsection (a), the qualified third-party
7 organization or consortium shall—
8(1) compile a list of internal and external

9sources, databases, and streams of information the10

Administration receives or has access to that provide

11

the Administration with operational or safety infor-

12

mation and data about the national airspace system,13

its users, and other regulated entities of the Admin-

14

istration;15
16(2) review data sets to determine completenessand accuracy of relevant information;17(3) identify gaps in information that the Ad-

18

ministration could fill through sharing agreements,

19

partnerships, or other means that would add value

20

during safety trend analysis;

21(4) assess the Administration’s capabilities, in-22

cluding analysis systems and workforce skillsets, to23

analyze relevant data and information to make in-24

formed decisions;MUR24306 DVY

S.L.C.

131
1(5) review data and information for proper stor-

2age, identification controls, and data privacy—

3(A) as required by law; and4(B) consistent with best practices for data5

collection, storage, and use;

6(6) review the format of such data and identify

7
8
9
10
11
12
13

methods to improve the usefulness of such data;(7) assess internal and external access to datafor—(A) appropriateness based on data typeand level of detail;(B) proper data access protocols and precautions; and14(C) maximizing availability of safety-re-

15

lated data that could support the improvement

16

of safety management systems of and trend

17

identification by regulated entities and the Ad-

18

ministration;

19(8) examine the collation and dissemination of20

data within offices and between offices of the Ad-

21

ministration;22(9) review and recommend improvements to the23data analysis techniques of the Administration; and24(10) recommend investments the Administra-

25

tion should consider to better collect, manage, andMUR24306 DVY

S.L.C.

132
1

analyze data sets, including within and between of-2fices of the Administration.

3(d) ACCESS TO INFORMATION.—The Administration

4 shall provide the qualified third-party organization or con5 sortium and the experts described in subsection (b) with
6 adequate access to safety and operational data collected
7 by and held by the agency across all offices of the Admin8 istration, except if specific access is otherwise prohibited
9 by law.
10(e) NONDISCLOSURE.—Prior to participating in the

11 review, the Administrator shall ensure that each person
12 participating in the evaluation under this section enters
13 into an agreement with the Administrator in which the
14 person shall be prohibited from disclosing at any time, ex15 cept as required by law, to any person, foreign or domes16 tic, any non-public information made accessible to the fed17 erally funded research and development center under this18 section.
19(f) REPORT.—The qualified third-party organization

20 or consortium carrying out the evaluation under this sec21 tion shall provide a report of the findings of the center
22 to the Administrator and include recommendations to im23 prove the Administration’s collection, collation, analysis,
24 and use of aviation data, including recommendations to—MUR24306 DVY

S.L.C.

133
1(1) improve data access across offices within

2

the Administration, as necessary, to support efficient3

execution of safety analysis and programs across

4such offices;

5(2) improve data storage best practices;6(3) develop or refine methods for collating data

7

from multiple administration and industry sources;

8

and

9

(4) procure or use available analytics tools to

10draw conclusions and identify previously unrecog-

11

nized trends or miscategorized risks in the aviation

12

system, particularly when identification of such in-13

formation requires the analysis of multiple sets of

14

data from multiple sources.

15(g) IMPLEMENTATION OF RECOMMENDATIONS.—Not

16 later than 6 months after the receipt of the report under
17 subsection (f), the Administrator shall review, develop an
18 implementation plan, and, if appropriate, begin the imple19 mentation of the recommendations received in such report.
20(h) REVIEW OF IMPLEMENTATION.—The qualified

21 third-party organization or consortium that conducted the
22 initial evaluation, and any experts who contributed to such
23 evaluation pursuant to subsection (b)(1), shall provide
24 regular feedback and advice to the Administrator on the
25 implementation plan developed under subsection (g) andMUR24306 DVY

S.L.C.

134
1 any implementation activities for at least 2 years begin2 ning on the date of the receipt of the report under sub3 section (f).
4(i) REPORT TO CONGRESS.—The Administrator shall

5 submit to the appropriate committees of Congress the re6 port described in subsection (f) and the implementation
7 plan described in subsection (g).
8(j) EXISTING REPORTING SYSTEMS.—Consistent

9 with section 132 of the Aircraft Certification, Safety, and10 Accountability Act (Public Law 116–260), the Executive
11 Director of the Transportation Research Board, in con12 sultation with the Secretary and the Administrator, may
13 further harmonize data and sources following the imple14 mentation of recommendations contained in the report re15 quired under subsection (g).
16(k) RULE OF CONSTRUCTION.—Nothing in this sec-

17 tion shall be construed to permit the public disclosure of
18 information submitted under a voluntary safety reporting
19 program or that is otherwise protected under section
20 44735 of title 49, United States Code.
21
22

SEC. 316. WEATHER REPORTING SYSTEMS STUDY.

(a) IN GENERAL.—Not later than 1 year after the

23 date of enactment of this Act, the Comptroller General
24 shall initiate a study to examine how to improve the pro-

MUR24306 DVY

S.L.C.

135
1 curement, functionality, and sustainability of weather re2 porting systems, including—3(1) automated weather observing systems;

4(2) automated surface observing systems;

5(3) visual weather observing systems; and6(4) non-Federal weather reporting systems.

7(b) CONTENTS.—In conducting the study required

8 under section (a), the Comptroller General shall address—
9(1) the current state of the supply chain related

10

to weather reporting systems and the components of

11such systems;

12(2) the average age of weather reporting sys-

13tems infrastructure installed in the national airspace

14

system;15
16(3) challenges to maintaining and replacing
weather reporting systems, including—17(A) root causes of weather reporting sys-

18

tem outages, including failures of such systems,

19

and supporting systems such as telecommuni-

20

cations infrastructure; and21(B) the degree to which such outages af-

22fect weather reporting in the national airspace

23

system;

24(4) mitigation measures to maintain aviation25

safety during such an outage; andMUR24306 DVY

S.L.C.

136
1(5) alternative means of obtaining weather ele-

2

ments at airports, including wind direction, wind3

speed, barometric pressure setting, and cloud cov-

4erage, including visibility.

5(c) CONSULTATION.—In conducting the study re-

6 quired under subsection (a), the Comptroller General shall7 consult with the appropriate stakeholders and Federal
8 agencies involved in installing, managing, and supporting
9 weather reporting systems in the national airspace system.
10(d) REPORT.—

11(1) IN GENERAL.—Not later than 2 years after

12

the date of enactment of this Act, the Comptroller

13

General shall submit to the appropriate committees

14of Congress and the Committee on Science, Space,

15

and Technology of the House of Representatives a16

report describing the results of the study conducted17

under subsection (a).

18

(2)

RECOMMENDATIONS.—The

Comptroller

19

General shall include in the report submitted under

20

paragraph (1) recommendations for—

21
22
23
24

(A) ways to improve the resiliency and redundancy of weather reporting systems;(B) alternative means of compliance forobtaining weather elements at airports; andMUR24306 DVY

S.L.C.

137(C) if necessary, changes to Orders of the1

Administration, including the following:

2(i) Surface Weather Observing, Joint

3

Order 7900.5.

4(ii) Notices to Air Missions, Joint

5

Order 7930.2.

6
7SEC. 317. GAO STUDY ON EXPANSION OF THE FAA WEATH-

8
9ER CAMERA PROGRAM.

(a) STUDY.—The Comptroller General shall conduct

10 a study on the feasibility and benefits and costs of expand11 ing the Weather Camera Program of the FAA to locations
12 in the United States that lack weather camera services.
13(b) CONSIDERATIONS.—In conducting the study re-

14 quired under subsection (a), the Comptroller General shall
15 review—
16(1) the potential effects of the existing Weather

17

Camera Program on weather-related aviation acci-

18

dents and flight interruptions;(2) the potential benefits and costs associated1920with expanding the Weather Camera Program;

21(3) limitations on the real-time access of weath-22

er camera information by pilots and aircraft opera-

23

tors;

MUR24306 DVY

S.L.C.

138
1(4) non-safety related regulatory structures or2barriers to the allowable use of weather camera in-3

formation for the purposes of aircraft operations;

45(5) limitations of existing weather camera systems at the time of the study;

6(6) alternative sources of viable weather data;

7(7) funding mechanisms for weather camera in-8
9stallation and operations; and(8) other considerations the Comptroller Gen-10

eral determines appropriate.

11(c) REPORTTOCONGRESS.—Not later than 28

12 months after the date of enactment of this Act, the Comp13 troller General shall submit to the appropriate committees
14 of Congress a report on the results of the study required
15 under subsection (a).
16
17
18

SEC. 318. AUDIT ON AVIATION SAFETY IN ERA OF WIRELESSCONNECTIVITY.

(a) IN GENERAL.—Not later than 180 days after the

19 date of enactment of this Act, the inspector general of the
20 Department of Transportation shall initiate an audit of
21 the FAA’s internal processes and procedures to commu22 nicate the position of civil aviation operators and the safe23 ty of the national airspace system to the National Tele24 communications and Information Administration regard25 ing proposed spectrum reallocations or auction decisions.

MUR24306 DVY

S.L.C.

1391(b) ASSESSMENT.—In conducting the audit described

2 in subsection (a), the inspector general shall assess best
3 practices and policy recommendations for the FAA to—
4(1) improve internal processes by which pro-5

posed spectrum reallocations or auctions are thor-

6

oughly reviewed in advance to ensure that any com-7

ments or technical concerns regarding aviation safe-

8

ty from civil aviation stakeholders are communicated9to the National Telecommunications and Informa-

10tion Administration that are to be submitted to the11

Federal Communications Commission;

12(2) develop internal processes and procedures to13assess the effects a proposed spectrum reallocation

14

or auction may have on the national airspace system15

in a timely manner to ensure safety of the national

16

airspace system;

17(3) improve external communication processes

18

to better inform civil aviation stakeholders, including

19

owners and operators of civil aircraft, on any com-20

ments or technical concerns of the FAA relating to

21

a proposed spectrum reallocation or auction that22

may impact the national airspace system; and23(4) better communicate to the National Tele-

24

communications and Information Administration

MUR24306 DVY

S.L.C.

140
1

when a proposed spectrum reallocation or auction

2

may pose a potential risk to aviation safety.

3(c) STAKEHOLDER VIEWS.—In conducting the audit

4 pursuant to subsection (a), the inspector general shall con5 sult with relevant stakeholders, including—(1) air carriers operating under part 121 of6
7

title 14, Code of Federal Regulations;(2) manufacturers of aircraft and aircraft com-

8
9

ponents;

10(3) wireless communication carriers;

11(4) labor unions representing pilots;

12(5) air traffic system safety specialists;

13(6) other representatives of the communications

14

industry;15(7) aviation safety experts;

16(8) the National Telecommunications and Infor-

17

mation Administration; and18(9) the Federal Communications Commission.

19(d) REPORT.—Not later than 2 years after the date

20 on which the audit is conducted pursuant to subsection
21 (a), the inspector general shall complete and submit a re22 port on findings and recommendations to—23(1) the Administrator;

24(2) the appropriate committees of Congress;

25

and

MUR24306 DVY

S.L.C.

141
1
2
3
4
5

(3) the Committee on Energy and Commerce ofthe House of Representatives.
SEC. 319. SAFETY DATA ANALYSIS FOR AIRCRAFT WITHOUT
TRANSPONDERS.

(a) IN GENERAL.—Not later than 18 months after

6 the date of enactment of this Act, the Administrator, in
7 coordination with the Chairman of the National Transpor8 tation Safety Board, shall collect and analyze data relating
9 to accidents and incidents involving covered exempt air10 craft that occurred within 30 nautical miles of an airport.
11(b) REQUIREMENTS.—The analysis required under

12 subsection (a) shall include with respect to covered exempt
13 aircraft a review of—
14(1) incident and accident data since 2006;

15(2) incidents and accidents involving midair

16
17
18
19
20
21
22
23
24

events, including collisions;(3) incidents and accidents involving groundproximity warning system alerts;(4) incidents and accidents involving traffic collision avoidance system alerts;(5) incidents and accidents involving a loss of
separation or near miss; and(6) the causes of the accidents and incidents
described in paragraphs (1) through (5).

MUR24306 DVY

S.L.C.

1421(c) BRIEFING TO CONGRESS.—Not later than 24

2 months after the date of enactment of this Act, the Ad3 ministrator shall brief the appropriate committees of Con4 gress on the results of the analysis required under sub5 section (a) and, if applicable, recommendations on how to
6 reduce the number of incidents and accidents associated
7 with such covered exempt aircraft.
8(d) COVERED EXEMPT AIRCRAFT DEFINED.—In this9 section, the term ‘‘covered exempt aircraft’’ means air10 craft, balloons, and gliders exempt from air traffic control
11 transponder and altitude reporting equipment and use re12 quirements under part 91.215(b)(3) of title 14, Code of
13 Federal Regulations.
14
15
16

SEC. 320. CRASH-RESISTANT FUEL SYSTEMS IN ROTORCRAFT.

(a) IN GENERAL.—The Administrator shall task the

17 Aviation Rulemaking Advisory Committee to—18(1) review the data analysis conducted and the19

recommendations developed by the Aviation Rule-20

making Advisory Committee Rotorcraft Occupant21

Protection Working Group of the Administration;

2223(2) update the 2018 report of such working
group on rotorcraft occupant protection by—

MUR24306 DVY

S.L.C.

143(A)1reviewing

National

Transportation2

Safety Board data from 2016 through 2023 on

3

post-crash fires in helicopter accidents; and

4(B) determining whether and to what ex-

5tent crash-resistant fuel systems could have

6

prevented fatalities; and7(3) develop recommendations for either the Ad-

8ministrator or the helicopter industry to encourage9helicopter owners and operators to expedite the in-10

stallation of crash-resistant fuel systems in the air-11

craft of such owners and operators regardless of

12

original certification and manufacture date.

13(b) SCHEDULE.—

14(1) DEADLINE.—Not later than 18 months

15

after the Administrator tasks the Aviation Rule-16

making Advisory Committee under subsection (a),17

the Committee shall submit the recommendations

18

developed under subsection (a)(2) to the Adminis-

19

trator.

20(2) IMPLEMENTATION.—If applicable, and not21

later than 180 days after receiving the recommenda-

22

tions under paragraph (1), the Administrator

23

shall—

24(A) begin implementing, as appropriate,25

any safety recommendations the Administrator

MUR24306 DVY

S.L.C.

1441

receives from the Aviation Rulemaking Advisory2

Committee, and brief the appropriate commit-

3

tees of Congress on any recommendations the4Administrator does not implement; and5(B) partner with the United States Heli-6

copter Safety Team, as appropriate, to facilitate

7

implementation of any recommendations for the8helicopter industry pursuant to subsection

9(a)(2).

10

SEC. 321. REDUCING TURBULENCE-RELATED INJURIES ON

11PART 121 AIRCRAFT OPERATIONS.

12(a) IN GENERAL.—Not later than 2 years after the

13 date of enactment of this Act, the Administrator shall re14 view the recommendations made by the Chair of the Na15 tional Transportation Safety Board to the Administrator
16 contained in the safety research report titled ‘‘Preventing
17 Turbulence-Related Injuries in Air Carrier Operations
18 Conducted Under Title 14 Code of Federal Regulations
19 Part 121’’, issued on August 10, 2021 (NTSB/SS–21/01)
20 and provide a briefing to the appropriate committees of
21 Congress with any planned actions in response to the rec22 ommendations of the report.
23(b) IMPLEMENTATION.—Not later than 3 years after

24 the date of enactment of this Act, the Administrator shallMUR24306 DVY

S.L.C.

145
1 implement, as appropriate, the recommendations in the
2 safety research report described in subsection (a).
3(c) REPORT.—

4(1) IN GENERAL.—Not later than 2 years after5

completing the review under subsection (a), and6

every 2 years thereafter, the Administrator shall7

submit to the appropriate of Congress a report on

8

the implementation status of the recommendations

9in the safety research report described in subsection

10(a) until the earlier of—(A) the date on which such recommenda-

11

tions have been adopted; or

12(B) the date that is 10 years after the date13
14

of enactment of this Act.

15(2) CONTENTS.—If the Administrator decides

16

not to implement a recommendation in the safety re-17

search report described in subsection (a), the Ad-

18

ministrator shall provide, as a part of the report re-19

quired under paragraph (1), a description of why the20

Administrator did not implement such recommenda-

21

tion.

22
23

SEC. 322. STUDY ON RADIATION EXPOSURE.

(a) STUDY.—Not later than 120 days after the date

24 of enactment of this Act, the Secretary shall seek to enter
25 into appropriate arrangements with the National Acad-MUR24306 DVY

S.L.C.

146
1 emies of Sciences, Engineering, and Medicine under which
2 the National Research Council of the National Academies
3 shall conduct a study on radiation exposure to crew4 members onboard various aircraft types operated under
5 part 121 of title 14, Code of Federal Regulations.
6(b) SCOPE OF STUDY.—In conducting the study

7 under subsection (a), the National Research Council shall
8 assess—
9(1) radiation concentrations in such aircraft at

10

takeoff, in-flight at high altitudes, and upon landing;

11(2) the health risks and impact of radiation ex-

12posure to crewmembers onboard aircraft operating13

at high altitudes; and

14(3) mitigation measures to prevent and reduce15

the health and safety impacts of radiation exposure16

to crewmembers.

17(c) REPORTTOCONGRESS.—Not later than 16

18 months after the initiation of the study required under
19 subsection (a), the Secretary shall submit to the appro20 priate committees of Congress the study conducted by the
21 National Research Council pursuant to this section.
22
23
24

SEC. 323. STUDY ON IMPACTS OF TEMPERATURE IN AIRCRAFT CABINS.

(a) STUDY.—MUR24306 DVY

S.L.C.

147
1(1) IN GENERAL.—Not later than 2 years after2

the date of enactment of this Act, the Secretary3

shall seek to enter into appropriate arrangements

4with the National Academies of Sciences, Engineer-5ing, and Medicine under which the National Acad-

6emies shall conduct a 1-year study on the health and7

safety impacts of unsafe cabin temperature stand-8

ards with respect to passengers and crewmembers

9during each season in which the study is conducted.

10(2) CONSIDERATIONS.—In conducting the study

11

required under paragraph (1), the National Acad-

12

emies shall review existing standards produced by

13

recognized industry organizations on safe air tem-

14

peratures and humidity levels in enclosed environ-15

ments, including onboard aircraft, and evaluate the16validity of such standards as it relates to aircraft

17

cabin temperatures.

18(3) CONSULTATION.—In conducting the study

19

required under paragraph (1), the National Acad-

20

emies shall consult with the Civil Aerospace Medical

21

Institute of the FAA, air carriers operating under22

part 121 of title 14, Code of Federal Regulations,23

relevant Federal agencies, and any applicable avia-

24

tion labor organizations.

25(b) REPORTS.—MUR24306 DVY

S.L.C.

148
1(1) REPORT TO SECRETARY.—Not later than2

180 days after the date on which the study under3

subsection (a) is completed, the National Academies

4shall submit to the Secretary a report on the results

5of such study, including any recommendations deter-

6

mined appropriate by the National Academies.

7(2) REPORT TO CONGRESS.—Not later than 60

8days after the date on which the National Academies

9submits the report under paragraph (1), the Sec-10

retary shall submit to the appropriate committees of11

Congress a report describing the results of the study

12

required under subsection (a), including any rec-13

ommendations for further action determined appro-

14

priate by the Secretary.

15(c) COVERED AIRCRAFT DEFINED.—In this section,

16 the term ‘‘covered aircraft’’ means an aircraft operated
17 under part 121 of title 14, Code of Federal Regulations.
18
19

SEC. 324. LITHIUM–ION POWERED WHEELCHAIRS.

(a) IN GENERAL.—Not later than 2 years after the

20 date of enactment of this Act, the Secretary shall task the
21 Air Carrier Access Act Advisory Committee (in this sec22 tion referred to as the ‘‘Committee’’) to conduct a review
23 of regulations regarding lithium–ion battery powered
24 wheelchairs and mobility aids and provide recommenda-

MUR24306 DVY

S.L.C.

149
1 tions to the Secretary to ensure safe transport of such
2 wheelchairs and mobility aids in air transportation.
3(b) CONSIDERATIONS.—In conducting the review re-

4 quired under subsection (a), the Committee shall consider
5 the following:
6(1) Any existing or necessary standards for lith-7

ium–ion batteries, including casings or other similar

8

components, in such wheelchairs and mobility aids.

9(2) The availability of necessary containment or

10

storage devices, including fire containment covers or

11

fire-resistant storage containers, for such wheel-

12

chairs and mobility aids.

13(3) The policies of each air carrier (as such

14

term is defined in part 121 of title 14, Code of Fed-15

eral Regulations) pertaining to lithium–ion battery

16

powered wheelchairs and mobility aids (as in effect17

on the date of enactment of this Act).

18(4) Any other considerations the Secretary de-19

termines appropriate.

20(c) CONSULTATION REQUIREMENT.—In conducting

21 the review required under subsection (a), the Committee
22 shall consult with the Administrator of the Pipeline and
23 Hazardous Materials Safety Administration.
24(d) NOTIFICATION.—MUR24306 DVY

S.L.C.

150
1(1) IN GENERAL.—Upon completion of the re-2view conducted under subsection (a), the Committee

3

shall notify the Secretary if an air carrier does not4have a policy pertaining to lithium–ion battery pow-

5

ered wheelchairs and mobility aids in effect.

6(2) NOTIFICATION.—The Secretary shall notify

7

an air carrier described in paragraph (1) of the sta-8

tus of such air carrier.

9(e) REPORT TO CONGRESS.—Not later than 90 days

10 after submission of the recommendations to the Secretary,
11 the Secretary shall submit to the appropriate committees
12 of Congress any recommendations under subsection (a),13 in the form of a report.
14(f) PUBLICATION.—The Secretary shall publish the

15 report required under subsection (e) on the public website
16 of the Department of Transportation.
17
18
19

SEC. 325. NATIONAL SIMULATOR PROGRAM POLICIES AND
GUIDANCE.

(a) REVIEW.—Not later than 2 years after the date

20 of enactment of this Act, the Administrator shall review
21 relevant policies and guidance, including all advisory circu22 lars, information bulletins, and directives, pertaining to
23 part 60 of title 14, Code of Federal Regulations.
24(b) UPDATES.—Upon completion of the review re-

25 quired under subsection (a), the Administrator shall, atMUR24306 DVY

S.L.C.

151
1 a minimum, update relevant policies and guidance, includ2 ing all advisory circulars, information bulletins, and direc3 tives, pertaining to part 60 of title 14, Code of Federal
4 Regulations.
5(c) CONSULTATION.—In carrying out the review re-

6 quired under subsection (a), the Administrator shall con7 vene and consult with entities required to comply with part
8 60 of title 14, Code of Federal Regulations, including rep9 resentatives of—
10(1) air carriers;

11(2) flight schools certificated under part 141 of

12
13
14

title 14, Code of Federal Regulations;(3) training centers certificated under part 142
of title 14, Code of Federal Regulations; and

15(4) manufacturers and suppliers of flight sim-

16

ulation training devices (as defined in part 1 of title

17

14, Code of Federal Regulations, and Appendix F to18

part 60 of such title).

19(d) GAO STUDY ON FAA NATIONAL SIMULATOR

20 PROGRAM.—21(1) IN GENERAL.—Not later than 18 months

22

after the date of enactment of this Act, the Comp-23

troller General shall conduct a study on the National

24

Simulator Program of the FAA that is part of theMUR24306 DVY

S.L.C.

152
1

Training and Simulation Group of the Air Transpor-

2

tation Division.

3(2) CONSIDERATIONS.—In conducting the study4

required under paragraph (1), the Comptroller Gen-5

eral shall, at a minimum, assesses—

6(A) how the program described in para-

7

graph (1), is maintained to reflect and account8

for advancement in technologies pertaining to

9flight simulation training devices (as defined in

10part 1 of title 14, Code of Federal Regulations,11and appendix F to part 60 of such title);

12(B) the staffing levels, critical com-13

petencies, and skills gaps of FAA personnel re-14

sponsible for carrying out and supporting the15

program described in paragraph (1); and16(C) how the program described in para-

17

graph (1) engages air carriers and relevant in-18

dustry stakeholders, including flight schools, to19

ensure efficient compliance with part 60 of title

20

14, Code of Federal Regulations.

21(3) REPORT.—Not later than 18 months after

22

the date of enactment of this Act, the Comptroller

23

General shall submit to the appropriate committees

24of Congress a report on the findings of the study

25

conducted under paragraph (1).

MUR24306 DVY

S.L.C.

153
1

SEC. 326. BRIEFING ON AGRICULTURAL APPLICATION AP-

2
3

PROVAL TIMING.

Not later than 240 days after the date of enactment

4 of this Act, the Administrator shall brief the appropriate
5 committees of Congress on the amount of time the applica6 tion approval process takes for agricultural aircraft oper7 ations under part 137 of title 14, Code of Federal Regula8 tions.
910
11SEC. 327. SENSE OF CONGRESS REGARDING SAFETY AND
SECURITY OF AVIATION INFRASTRUCTURE.

It is the sense of Congress that aviation provides es-

12 sential services critical to the United States economy and13 that it is important to ensure the safety and security of
14 aviation infrastructure and protect such infrastructure
15 from unlawful breaches with appropriate legal safeguards.
16
17
18

SEC. 328. RESTRICTED CATEGORY AIRCRAFT MAINTENANCE AND OPERATIONS.

Notwithstanding any other provision of law, the Ad-

19 ministrator shall have sole jurisdiction over the mainte20 nance and operations of aircraft owned by civilian opera21 tors and type-certificated in the restricted category under
22 section 21.25 of title 14, Code of Federal Regulations.

MUR24306 DVY

S.L.C.

154
1

SEC. 329. AIRCRAFT INTERCHANGE AGREEMENT LIMITA-

2
3

TIONS.

(a) STUDY.—Not later than 90 days after the date

4 of enactment of this Act, the Administrator shall conduct
5 a study of foreign interchange agreements.
6(b) CONTENTS.—In carrying out the study required

7 under subsection (a), the Administrator shall address the
8 following:
9(1) Methods for updating regulations under10

part 121.569 of title 14, Code of Federal Regula-

11

tions, for foreign interchange agreements.

12
13
14
15
16
17
18

(2) Time limits for foreign aircraft interchange
agreements.
(3) Minimum breaks between foreign aircraftinterchange agreements.
(4) Limits for no more than 1 foreign aircraftinterchange agreement between 2 airlines.
(5) Limits for no more than 2 foreign aircraft

19

on the interchange agreement.

20(c) BRIEFING.—Not later than 2 years after the date

21 of enactment of this Act, the Administrator shall brief the
22 appropriate committees of Congress on the results of the
23 study required under subsection (a).
24(d) RULEMAKING.—Based on the results of the study

25 required under subsection (a), the Administrator may, if

MUR24306 DVY

S.L.C.

155
1 appropriate, update the relevant sections of part 121 of
2 title 14, Code of Federal Regulations.
3
4
5

SEC. 330. TASK FORCE ON HUMAN FACTORS IN AVIATIONSAFETY.

(a) IN GENERAL.—Not later than 6 months after the

6 date of enactment of this Act, and notwithstanding section
7 127 of the Aircraft Certification Safety and Accountability
8 Act (49 U.S.C. 44513 note), the Administrator shall con9 vene a task force on human factors in aviation safety (in10 this section referred to as the ‘‘Task Force’’).
11
12
13

(b) COMPOSITION.—(1) MEMBERS.—The Administrator shall appoint members of the Task Force—

14(A) that have expertise in an operational

15

or academic discipline that is relevant to the16

analysis of human errors in aviation, which may

17

include air carrier operations, line pilot exper-

18

tise, air traffic control, technical operations,19

aeronautical information, aircraft maintenance20

and mechanics psychology, linguistics, human-

21

machine integration, general aviation oper-

22

ations, and organizational behavior and culture;

23(B) that sufficiently represent all relevant

24

operational or academic disciplines described in25

subparagraph (A);MUR24306 DVY

S.L.C.

156
1(C) with expertise on human factors but

2whose experience and training are not in avia-

3tion and who have not previously been engaged

4

in work related to the FAA or the aviation in-

5

dustry;6(D) that are representatives of pilot labor

7organizations and certificated mechanic labor

8organizations;

9
10
11

(E) that are employees of the FAA thathave expertise in safety; and(F) that are employees of other Federal

12

agencies with expertise on human factors.

13(2) NUMBER

OF

MEMBERS.—In

appointing

14

members under paragraph (1), the Administrator

15

shall ensure that—

1617(A) at least half of the members appointed
have expertise in aviation;

18(B) at least one member appointed rep-19

resents an exclusive bargaining representative

20of air traffic controllers certified under section

217111 of title 5, United States Code; and22(C) 3 members are employees of the FAA

23

and 1 member is an employee of the National

24

Transportation Safety Board.

MUR24306 DVY

S.L.C.

157
1(3) VOTING.—The members described in para-

2graph (2)(B) shall be non-voting members of the3

Task Force.

4(c) DURATION.—

5(1) IN GENERAL.—Members of the Task Force

6

shall be appointed for the duration of the Task

7

Force.

8910(2) LENGTH OF EXISTENCE.—(A) IN GENERAL.—The Task Force shallhave an initial duration of 2 years.

11(B) OPTION.—The Administrator may ex-

12tend the duration of the Task Force for an ad-

13

ditional period of up to 2 years.

14(d) DUTIES.—In coordination with the Research, En-

15 gineering, and Development Advisory Committee, the16 Task Force shall—
17(1) not later than the date on which the dura-

18

tion of the Task Force expires under subsection (c),19

produce a written report in which the Task Force—

20(A) to the greatest extent possible, identi-

21

fies the most significant human factors and the22

relative contribution of such factors to aviation

23

safety risk;

2425(B) identifies new research priorities forresearch in human factors in aviation safety;MUR24306 DVY

S.L.C.

158
1(C) reviews existing products by other2

working groups related to human factors in3

aviation safety including the work of the Com-4

mercial Aviation Safety Team pertaining to5flight crew responses to abnormal events;

6(D) provides recommendations on potential

7

revisions to any FAA regulations and guidance

8

pertaining to the certification of aircraft under9

part 25 of title 14, Code of Federal Regula-

10

tions, including sections related to presumed

11

pilot response times and assumptions about the12

reliability of pilot performance during unex-

13

pected, stressful events;

14(E) reviews rules, regulations, or standards

15

regarding flight crew and maintenance per-16

sonnel rest and fatigue that are used by a sam-17

ple of international air carriers, including rules,

18

regulations, or standards determined to be more

19

stringent and less stringent than the current

20

standards pertaining to air carriers (as such21

term is defined in section 40102 of title 49,

22

United States Code), and identifies risks to the23national airspace system from any variation in24such rules, regulations, or standards across25

countries;MUR24306 DVY

S.L.C.

159
1(F) reviews pilot training requirements and2

recommends any revisions necessary to ensure3adequate understanding of automated systems

4

on aircraft;

5(G) reviews approach and landing mis-

6alignment and makes any recommendations for7

reducing misalignment events;

89(H) identifies ways to enhance instrument
landing system maintenance schedules;

10(I) determines how a real-time smart sys-

11

tem should be developed to inform the air traf-

12

fic control system, air carriers, and airports

13

about any changes in the state of runway and14

taxiway lights and identifies how such real-time

15

smart system could be connected to the mainte-

16

nance system of the FAA;

17(J) analyzes, with respect to human errors

18

related to aviation safety of air carriers oper-

19

ating under part 121 of title 14, Code of Fed-20

eral Regulations—21(i) fatigue and distraction during crit-

22

ical phases of work among pilots or other23

aviation personnel;

24(ii) tasks and workload;

25(iii) organizational culture;MUR24306 DVY

S.L.C.

160
1(iv) communication among personnel;

2(v) adherence to safety procedures;

3(vi) mental state of personnel; and4(vii) any other relevant factors that5

are the cause or potential cause of human6

error related to aviation safety;

7(K) includes a tabulation of the number of8

accidents, incidents, or aviation safety database9

entries received in which an item identified

10

under subparagraph (J) was a cause or poten-

11

tial cause of human error related to aviation

12

safety; and13(L) includes a list of causes or potential

14

causes of human error related to aviation safety

15

about which the Administrator believes addi-

16

tional information is needed; and

17(2) if the Secretary extends the duration of the18

Task Force pursuant to subsection (c)(2)(B), not19later than the date that is 2 years after the date on

20

which the Task Force is established, produce an in-21

terim report containing the information described in

22paragraph (1).

23(e) METHODOLOGY.—In carrying out the duties

24 under subparagraphs (J) through (L) of subsection (d)(1),
25 the Task Force shall consult with the National Transpor-MUR24306 DVY

S.L.C.

161
1 tation Safety Board and use all available data compiled
2 and analysis conducted on safety incidents and irregular3 ities collected during the relevant fiscal year from the fol4 lowing:
5(1) Flight Operations Quality Assurance.

6(2) Aviation Safety Action Program.

7(3) Aviation Safety Information Analysis and8

Sharing.

9(4) The Aviation Safety Reporting System.

10(5) Aviation safety recommendations and inves-

11

tigation findings of the National Transportation

12

Safety Board.

1314(6) Other relevant programs or sources.
(f) CONSISTENCY.—Nothing in this section shall be

15 construed to require changes to, or duplication of, work
16 as required by section 127 of the Aircraft Certification
17 Safety and Accountability Act (49 U.S.C. 44513 note).
18

SEC. 331. UPDATE OF FAA STANDARDS TO ALLOW DIS-

19

TRIBUTION

20

STRICTED ROUTES AND TERMINAL PROCE-

21

DURES.

22

AND

USE

OF

CERTAINRE-(a) IN GENERAL.—Not later than 9 months after the

23 date of enactment of this Act, the Administrator shall up24 date FAA standards to allow for the distribution and use
25 of the Capstone Restricted Routes and Terminal Proce-MUR24306 DVY

S.L.C.

162
1 dures by Wide Area Augmentation System-capable naviga2 tion equipment.
3(b) CONTENTS.—In updating standards under sub-4 section (a), the Administrator shall ensure that such
5 standards provide a means for allowing modifications and6 continued development of new routes and procedures pro7 posed by air carriers operating such routes.
89SEC. 332. ASOS/AWOS SERVICE REPORT DASHBOARD.

(a) IN GENERAL.—The applicable Administrators

10 shall work in collaboration to collect the real-time service
11 status of all automated surface observation systems/auto12 mated weather observing systems (in this section referred
13 to as ‘‘ASOS/AWOS’’).
14(b) AVAILABILITY OF RESULTS.—

15(1) IN GENERAL.—In carrying out this section,16

the applicable Administrators shall make available

17

on a publicly available website the following:

18(A) The service status of all ASOS/AWOS.

19(B) Information on any actions to repair

20

or replace ASOS/AWOS that are out of service

21

due to technical or weather-related events, in-22

cluding an estimated timeline to return the sys-

23

tems to service.

MUR24306 DVY

S.L.C.

163
1(C) A portal on such publicly available

2

website for the public to report ASOS/AWOS

3

outages.

4(2) DATA FILES.—The applicable Administra-

5

tors shall make available the underlying data re-6quired under paragraph (1) for each ASOS/AWOS

7

in a machine-readable format.

8(c) APPLICABLE ADMINISTRATORS.—In this section,

9 the term ‘‘applicable Administrators’’ means—
10(1) the Administrator of the FAA; and11(2) the Administrator of the National Oceanic

12
13
14

and Atmospheric Administration.
SEC. 333. HELICOPTER SAFETY.

(a) IN GENERAL.—Not later than 270 days after the

15 date of enactment of this Act, the Administrator shall task
16 the Investigative Technologies Aviation Rulemaking Advi17 sory Committee (in this section referred to as the ‘‘Com18 mittee’’) with reviewing and assessing the need for
19 changes to the safety requirements related to flight data
20 recorders, flight data monitoring, and terrain awareness21 and warning systems for turbine-powered rotorcraft cer22 tificated for 6 or more passenger seats.
23(b) CONSIDERATIONS.—In reviewing and assessing

24 the safety requirements under subsection (a), the Com25 mittee shall consider—MUR24306 DVY

S.L.C.

1641
2(1) any applicable safety recommendations of
the National Transportation Safety Board; and3(2) the operational requirements and safety

4

considerations for operations under parts 121 and5

135 of title 14, Code of Federal Regulations.

6(c) REPORT AND RECOMMENDATIONS.—Not later7 than 1 year after initiating the review and assessment
8 under this section, the Committee shall submit to the Ad9 ministrator—
1011(1) a report on the findings of the review andassessment under subsection (a); and

12(2) any recommendations for legislative or ad-

13

ministrative action to improve safety that the Com-

14

mittee determines appropriate.

15(d) BRIEFING.—Not later than 30 days after the date

16 on which the Committee submits the report under sub17 section (c), the Administrator shall brief the appropriate
18 committees of Congress on—
19
20
21
22

(1) the findings and recommendations included
in such report; and(2) any plan to implement such recommendations.

MUR24306 DVY

S.L.C.

165
1

SEC. 334. REVIEW AND INCORPORATION OF HUMAN READI-2

NESS LEVELS INTO AGENCY GUIDANCE MA-

3

TERIAL.

4(a) FINDINGS.—Congress finds that—5(1) proper attention to human factors during

6

the development of technological systems is a signifi-

7

cant factor in minimizing or preventing human8

error;

9(2) the evaluation of a new aviation technology

10

or system with respect to human use throughout its

11

design and development may reduce human error

12when such technologies and systems are used in

13

operational conditions; and

14(3) the technical standard of the Human Fac-

15

tors and Ergonomics Society titled ‘‘Human Readi-

16

ness Level Scale in the System Development Proc-

17

ess’’ (ANSI/HFES 400–2021) defines the 9 levels of18

a Human Readiness Level scale and their applica-

19

tion in systems engineering and human systems inte-

20

gration processes.

21(b) REVIEW.—Not later than 180 days after the date

22 of enactment of this Act, the Administrator shall initiate
23 a process to review the technical standard described in
24 subsection (a)(3) and determine whether any materials
25 from such standard should be incorporated or referenced

MUR24306 DVY

S.L.C.

166
1 in agency procedures and guidance material in order to2 enhance safety in relation to human factors.
(c) CONSULTATION.—In carrying out subsection (b),34 the Administrator may consult with subject matter experts
5 affiliated with the Human Factors and Ergonomics Soci6 ety for such technical standard or other relevant stake7 holders.
(d) BRIEFING.—Not later than 270 days after the8

9 date of enactment of this Act, the Administrator shall
10 brief the appropriate committees of Congress on the
11 progress of the review required under subsection (b).
12

SEC. 335. SERVICE DIFFICULTY REPORTS.

13(a) CONGRESSIONAL BRIEFING.—Not later than 18

14 months after the date of enactment of this Act, and annu15 ally thereafter through 2027, the Administrator shall brief
16 the appropriate committees of Congress on compliance
17 with requirements relating to service difficulty reports
18 during the preceding year.
19(b) SCOPE.—The Administrator shall include in the

20 briefing required under subsection (a) information relating
21 to—
2223(1) operators required to comply with section
121.703 of title 14, Code of Federal Regulations;MUR24306 DVY

S.L.C.

167
1(2) approval or certificate holders required to2comply with section 183.63 of title 14, Code of Fed-3eral Regulations; and

4(3) FAA offices that investigate service dif-5

ficulty reports, as documented in the following FAA

6Orders (and any subsequent revisions of such or-7ders):

8(A) FAA Order 8900.1A, titled ‘‘Flight

9

Standards Information Management System’’10

and issued on October 27, 2022.

11(B) FAA Order 8120.23A, titled ‘‘Certifi-

12cate Management of Production Approval Hold-

13

ers’’ and issued on March 6, 2017.

14(C) FAA Order 8110.107B, titled ‘‘Mon-

15

itor Safety/Analyze Data’’ and issued on Octo-16

ber 13, 2023.

17(c) REQUIREMENTS.—The Administrator shall in-

18 clude in the briefing required under subsection (a) the fol19 lowing information with respect to the year preceding the
20 year in which the briefing is provided:
21
22
23
24

(1) An identification of categories of service difficulties reported.
(2) An identification of service difficulties forwhich repeated reports are made.

MUR24306 DVY

S.L.C.

168
1(3) A general description of the causes of all

2

service difficulty reports, as determined by the Ad-3ministrator.

4(4) A description of actions taken by, or re-5quired by, the Administrator to address identified

6

causes of service difficulties.

7(5) A description of violations of title 14, Code8of Federal Regulations, related to service difficulty

9reports and any actions taken by the Administrator

10

in response to such violations.

11

SEC. 336. CONSISTENT AND TIMELY PILOT CHECKS FOR

12

AIR CARRIERS.

13(a) ESTABLISHMENTOF

WORKING GROUP.—Not

14 later than 180 days after the date of enactment of this15 Act, unless the requirements of this section are assigned
16 to working groups under subsection (b)(2), the Adminis17 trator shall establish a working group for purposes of re18 viewing and evaluating all regulations and policies related
19 to check airmen and authorized check airmen for air car20 rier operations conducted under part 135 of title 14, Code
21 of Federal Regulations.
22(b) MEMBERSHIP.—

23(1) IN GENERAL.—The working group estab-

24

lished under this section shall include, at a min-

25

imum—

MUR24306 DVY

S.L.C.

16912(A) employees of the FAA who serve as
check airmen;

3(B) representatives of air carriers oper-

4

ating under part 135 of title 14, Code of Fed-5eral Regulations; and6(C) industry associations representing such7

air carriers.

8(2) EXISTING WORKING GROUP.—The Adminis-

9

trator may assign the duties described in subsection

10(c) to an existing FAA working group if—

11(A) such working group includes represent-

12

atives from the list of required members under13

paragraph (1); or

14(B) the membership of such existing work-15

ing group can be modified to include represent-

16

atives from the list of required members under17

paragraph (1).

18(c) DUTIES.—A working group shall review, evaluate,

19 and make recommendations on the following:
20(1) Methods by which authorized check airmen

21

for air carriers operating under part 135 of title 14,22

Code of Federal Regulations, are selected, trained,

23

and approved by the Administrator.

2425(2) Staffing and utilization rates of authorized
check airmen by such air carriers.

MUR24306 DVY

S.L.C.

170
1
2
3
4
5

(3) Differences in qualification standards applied to—(A) employees of the FAA who serve as
check airmen; and(B) authorized check airmen of such air

6carriers.

7(4) Methods to harmonize the qualification

8

standards between authorized check airmen and em-

9ployees of the FAA who serve as check airmen.

1011(5) Methods to improve the training and qualification of authorized check airmen.

12(6) Prior recommendations made by FAA advi-

13

sory committees or working groups regarding check

14

airmen functions.

15(7) Petitions for rulemaking submitted to the16

FAA regarding check airmen functions.

17(d) BRIEFING TO CONGRESS.—Not later than 1 year

18 after the date on which the Administrator tasks a working
19 group with the duties described in subsection (c), the Ad20 ministrator shall brief the appropriate committees of Con21 gress on the progress and recommendations of the working
22 group and the efforts of the Administrator to implement
23 such recommendations.
24(e) AUTHORIZED CHECK AIRMAN DEFINED.—In this

25 section, the term ‘‘authorized check airman’’ means an in-MUR24306 DVY

S.L.C.

171
1 dividual employed by an air carrier that meets the quali2 fications and training requirements of sections 135.337
3 and 135.339 of title 14, Code of Federal Regulations, and
4 is approved to evaluate and certify the knowledge and5 skills of pilots employed by such air carrier.
6
7

SEC. 337. FLIGHT SERVICE STATIONS.

Section 44514 of title 49, United States Code, and8 the item relating to such section in the analysis for chap9 ter 445 of such title are repealed.
10
11SEC. 338. TARMAC OPERATIONS MONITORING STUDY.

(a) IN GENERAL.—The Director of the Bureau of

12 Transportation Statistics, in consultation with relevant of13 fices within the Office of the Secretary and the FAA (as14 determined by the Secretary), shall conduct a study to ex15 plore the capture, storage, analysis, and feasibility of mon16 itoring ground source data at airports.
17(b) OBJECTIVES.—The objectives of the study con-18 ducted under subsection (a) shall include the following:
19
20(1) Determining the current state of groundsource data coverage at airports.

21(2) Understanding the technology requirements

22

for monitoring ground movements at airports

23

through sensors, receivers, or other technologies.

MUR24306 DVY

S.L.C.

172
1(3) Conducting data collection through a pilot

2

program established under subsection (c) and col-3

lecting ground-based tarmac delay statistics.

4(4) Performing an evaluation and feasibility

5

analysis of potential system-level tarmac operations

6

monitoring solutions.

7(c) PILOT PROGRAM.—8(1) IN GENERAL.—Not later than 180 days

9

after the date of enactment of this Act, the Director

10

shall establish a pilot program to collect data and11develop ground-based tarmac delay statistics or

12other relevant statistics with respect to airports.

1314(2) REQUIREMENTS.—The pilot program established under paragraph (1) shall—

15(A) include up to 6 airports that the Direc-

16

tor determines reflect a diversity of factors, in-17cluding geography, size, and air traffic;

18
19
20
21
22

(B) terminate not more than 3 years after
the date of enactment of this Act; and(C) be subject to any guidelines issued by
the Director.
(d) REPORT.—Not later than 4 years after the date

23 of enactment of this Act, the Director shall publish the
24 results of the study conducted under subsection (a) andMUR24306 DVY

S.L.C.

173
1 the pilot program established under subsection (c) on a
2 publicly available website.
3
4

SEC. 339. IMPROVED SAFETY IN RURAL AREAS.

(a) IN GENERAL.—Section 322 of the FAA Reau-

5 thorization Act of 2018 (49 U.S.C. 44701 note) is amend6 ed to read as follows:
7
8‘‘SEC. 322. IMPROVED SAFETY IN RURAL AREAS.

‘‘(a) IN GENERAL.—The Administrator shall permit

9 an air carrier operating pursuant to part 135 of title 14,
10 Code of Federal Regulations—
11‘‘(1) to operate under instrument flight rules

12(in this section referred to as ‘IFR’) to a destination

13

in a noncontiguous State that has a published in-

14

strument approach but does not have a Meteorolog-

15

ical Aerodrome Report (in this section referred to as

16‘METAR’); and1718‘‘(2) to conduct an instrument approach at suchdestination if—

19‘‘(A) a current Area Forecast, supple-

20

mented by noncertified destination weather ob-

21

servations (such as weather cameras and other22

noncertified observations), is available, and, at23

the time of departure, the combination of the24

Area Forecast and noncertified observation in-MUR24306 DVY

S.L.C.

1741

dicates that weather is expected to be at or

2

above approach minimums upon arrival;

3‘‘(B) prior to commencing an approach,4

the air carrier has a means to communicate to5

the pilot of the aircraft whether the destination

6

weather observation is either at or above mini-

7

mums for the approach to be flown; and8‘‘(C) in the event the destination weather

9observation is below such minimums, a suitable

10alternate airport that has a METAR is speci-

11

fied in the IFR flight plan.

12‘‘(b) APPLICATION TEMPLATE.—‘‘(1) IN

13

GENERAL.—The

Administrator shall14

develop an application template with standardized,

15

specific approval criteria to enable FAA inspectors

16

to objectively evaluate the application of an air car-17

rier to operate in the manner described in subsection

18

(a).

19

‘‘(2) REQUIREMENTS.—The template required

20

under paragraph (1) shall include a place in such21

template for an air carrier to describe—

22
23
24
25

‘‘(A) how any non-certified human observations will be conducted; and‘‘(B) how such observations will be communicated—MUR24306 DVY

S.L.C.

175‘‘(i) to air carriers prior to dispatch;

1
2

and
‘‘(ii) to pilots prior to approach.

3
4
5
6

‘‘(3) RESPONSE TO APPLICATION.—‘‘(A) TIMELINE.—The Administrator shallensure—7‘‘(i) that the Administrator has the8ability to respond to an application of an9

air carrier not later than 30 days after re-10

ceipt of such application; and11‘‘(ii) in the event the Administrator

12

cannot respond within 30 days, that the13

Administrator informs the air carrier of14

the expected response time with respect to15

the application of the air carrier.

16‘‘(B) REJECTION.—In the event that the17

Administrator rejects an application of an air

18

carrier, the Administrator shall inform the air

19carrier of the specific criteria that were the20cause for rejection.’’.

21(b) EFFECTIVE DATE.—The amendments made by

22 this section shall take effect on the date that is 12 months
23 after the date of enactment of this Act.

MUR24306 DVY

S.L.C.

176
1

SEC. 340. STUDY ON FAA USE OF MANDATORY EQUAL AC-

2

CESS TO JUSTICE ACT WAIVERS.

3(a) IN GENERAL.—The Comptroller General shall

4 conduct a study on the use of waivers of rights by the
5 Administrator that may arise under section 504 of title
6 5, United States Code, or section 2412 of title 28, United
7 States Code, as a condition for the settlement of any pro8 ceedings to amend, modify, suspend, or revoke an airman
9 certificate or to impose a civil penalty on a flight engineer,
10 mechanic, pilot, or repairman (or an individual acting in
11 the capacity of such engineer, mechanic, pilot, or repair12 man).
13(b) CONSIDERATIONS.—In conducting the study

14 under subsection (a), the Comptroller General shall con15 sider—
1617(1) the frequency of the use of waivers by the
Administrator described in this section;18(2) the benefits and consequences of the use of

19such waivers to both the Administrator and the cer-

20tificate holder; and21(3) the effects of a prohibition on using such

22

waivers.

23(c) COOPERATION WITH STUDY.—The Administrator

24 shall cooperate with any requests for information by
25 Comptroller General to complete the study required under
26 subsection (a).

MUR24306 DVY

S.L.C.

177
1(d) REPORT.—Not later than 1 year after the date

2 of enactment of this Act, the Comptroller General shall
3 submit to the appropriate committees of Congress a report
4 containing the results of the study conducted under sub5 section (a), including recommendations for any legislation
6 and administrative action as the Comptroller General de7 termines appropriate.
89SEC. 341. AIRPORT AIR SAFETY.

The Administrator shall seek to enter into appro-

10 priate arrangements with a qualified third party entity to
11 evaluate whether poor air quality inside the Washington
12 Dulles International Airport passenger terminal negatively
13 affects passengers.
14

SEC. 342. DON YOUNG ALASKA AVIATION SAFETY INITIA-

15
16

TIVE.

(a) IN GENERAL.—Chapter 447 of title 49, United

17 States Code, is amended by adding at the end the fol18 lowing:
19 ‘‘§ 44745. Don Young Alaska Aviation Safety Initiative
20‘‘(a) IN GENERAL.—The Administrator of the Fed-

21 eral Aviation Administration shall redesignate the FAA
22 Alaska Aviation Safety Initiative of the Administration as
23 the Don Young Alaska Aviation Safety Initiative (in this
24 section referred to as the ‘Initiative’), under which the Ad25 ministrator shall carry out the provisions of this section

MUR24306 DVY

S.L.C.

178
1 and take such other actions as the Administrator deter2 mines appropriate to improve aviation safety in Alaska
3 and covered locations.
4‘‘(b) OBJECTIVE.—The objective of the Initiative

5 shall be to work cooperatively with aviation stakeholders
6 and other stakeholders towards the goal of—7‘‘(1) reducing the rate of fatal aircraft acci-

8

dents in Alaska and covered locations by 90 percent

9

from 2019 to 2033; and

10‘‘(2) by January 1, 2033, eliminating fatal acci-

11

dents of aircraft operated by an air carrier that op-

12

erates under part 135 of title 14, Code of Federal

13

Regulations.

14‘‘(c) LEADERSHIP.—

15‘‘(1) IN

GENERAL.—The

Administrator shall16

designate the Regional Administrator for the Alas-

17

kan Region of the Administration to serve as the Di-

18

rector of the Initiative.

19‘‘(2) COVERED LOCATIONS.—The Administrator

20

shall select a designee within the Aviation Safety Or-

21

ganization to implement relevant requirements of

22

this section in covered locations.

23‘‘(3) REPORTING CHAIN.—In all matters relat-24

ing to the Initiative, the Director of the Initiative

25

shall report directly to the Administrator.

MUR24306 DVY

S.L.C.

179
1‘‘(4) COORDINATION.—The Director of the Ini-

2

tiative shall coordinate with the heads of other of-3

fices and lines of business of the Administration, in-4

cluding the other regional administrators, to carry5

out the Initiative.

6‘‘(d) AUTOMATED WEATHER SYSTEMS.—

7‘‘(1) REQUIREMENT.—The Administrator shall8

ensure, to the greatest extent practicable, that a cov-

9ered automated weather system is installed and op-

10erated at each covered airport not later than Decem-11

ber 31, 2030.

12‘‘(2) WAIVER.—In complying with the require-13

ment under paragraph (1), the Administrator may

14

waive any positive benefit-cost ratio requirement for15

the installation and operation of a covered auto-16

mated weather system.

17‘‘(3) PRIORITIZATION.—In developing the in-18

stallation timeline of a covered automated weather

19

system at a covered airport pursuant to this sub-20

section, the Administrator shall—

21‘‘(A) coordinate and consult with the gov-

22

ernments with jurisdiction over Alaska and cov-

23

ered locations, covered airports, air carriers op-

24

erating in Alaska or covered locations, private

25

pilots based in Alaska or a covered location,

MUR24306 DVY

S.L.C.

180
1and such other members of the aviation com-2

munity in Alaska or covered locations; and3‘‘(B) prioritize early installation at covered

4

airports that would enable the greatest number

5of instrument flight rule operations by air car-6

riers operating under part 121 or 135 of title

7

14, Code of Federal Regulations.

8‘‘(4) RELIABILITY.—

9‘‘(A) IN

GENERAL.—Pertaining

to both10

Federal and non-Federal systems in Alaska, the11Administrator shall be responsible for ensur-

12

ing—
‘‘(i) the reliability of covered auto-

13
14

mated weather systems; and‘‘(ii) the availability of weather infor-

15
16

mation from such systems.

17

‘‘(B)

SPECIFICATIONS.—The

Adminis-18

trator shall establish data availability and19equipment reliability specifications for covered

20

automated weather systems.

21‘‘(C) SYSTEM RELIABILITY AND RESTORA-

22

TION PLAN.—Not later than 2 years after the23

date of enactment of this section, the Adminis-

24

trator shall establish an automated weather sys-

25

tem reliability and restoration plan for Alaska.

MUR24306 DVY

S.L.C.

181
1

Such plan shall document the Administrator’s

2strategy for ensuring covered automated weath-3

er system reliability, including the availability of4

weather information from such system, and for5

restoring service in as little time as possible.

6‘‘(D) TELECOMMUNICATIONS

OR

OTHER

7

FAILURES.—If

8system in Alaska is unable to broadly dissemi-

9nate weather information due to a telecommuni-

10

cations failure or a failure other than an equip-

11

ment failure, the Administrator shall take such

12

actions as may be necessary to restore the full13

functionality and connectivity of the covered

14

automated weather system. The Administrator

15

shall take actions under this subparagraph with16

the same urgency as the Administrator would

17

take an action to repair a covered automated18

weather system equipment failure or data fidel-

19

ity issue.

20

a covered automated weather‘‘(E) RELIABILITY

DATA.—In

tabulating

21

data relating to the operational status of cov-

22

ered automated weather systems (including in-23

dividually or collectively), the Administrator

24

may not consider a covered automated weather

25

system that is functioning nominally but is un-

MUR24306 DVY

S.L.C.

182
1

able to broadly disseminate weather information2

telecommunications failure or a failure other3

than an equipment failure as functioning reli-

4

ably.

5

‘‘(5) INVENTORY.—

6‘‘(A) MAINTENANCE IMPROVEMENTS.—

7‘‘(i) IN GENERAL.—Not later than 18

8months after the date of enactment of the9

FAA Reauthorization Act of 2024, the Ad-

10ministrator shall identify and implement

11

reasonable alternative actions to improve12

maintenance of FAA-owned weather ob-

13

serving systems that experience frequent

14

service outages, including associated sur-15

face communication outages, at covered

16

airports.

17‘‘(ii) SPARE PARTS AVAILABILITY.—18

The actions identified by the Administrator

19

in clause (i) shall improve spare parts

20

availability, including consideration of stor-

21

age of more spare parts in the region in22

which the systems are located.

23‘‘(B) NOTICEOFOUTAGES.—Not

later

24

than 18 months after the date of enactment of

25

the FAA Reauthorization Act of 2024, the Ad-

MUR24306 DVY

S.L.C.

1831

ministrator shall update FAA Order 7930.22

Notices to Air Missions, or any successive

3

order, to incorporate weather system outages

4

for automated weather observing systems and5

automated surface observing systems associated6with Service A Outages at covered airports.

7‘‘(6) VISUAL

8WEATHEROBSERVATION

SYS-

TEM.—

9

‘‘(A) DEPLOYMENT.—Not later than 3

10years after the date of enactment of the FAA

11

Reauthorization Act of 2024, the Administrator

12

shall take such actions as may be necessary13to—‘‘(i) deploy visual weather observation

14
15

systems;

16‘‘(ii) ensure that such systems are ca-

17

pable of meeting the definition of a covered

18

automated weather system in Alaska; and19‘‘(iii) develop standard operation spec-

20

ifications for visual weather operation sys-

21

tems.

22

‘‘(B)

MODIFICATIONOFSPECIFICA-

23

TIONS.—Upon the request of an aircraft oper-

24

ator, the Administrator shall issue or modify

25

the standard operation specifications for visualMUR24306 DVY

S.L.C.

184
1

weather observation systems developed under2

subparagraph (A) to allow such systems to be3

used to satisfy the requirements for supple-

4

mental noncertified local weather observations

5

under section 322 of the FAA Reauthorization

6

Act of 2018 (Public Law 115–254).

7‘‘(e) WEATHER CAMERAS.—

8‘‘(1) IN GENERAL.—The Director shall continu-

9

ously assess the state of the weather camera systems

10

in Alaska and covered locations to ensure the oper-

11

ational sufficiency and reliability of such systems.

12‘‘(2) APPLICATIONS.—The Director shall—

1314‘‘(A) accept applications from persons to
install weather cameras; and

15‘‘(B) consult with the governments with ju-

16risdiction over Alaska and covered locations,17

covered airports, air carriers operating in Alas-18

ka or covered locations, private pilots based in

19

Alaska or covered locations, and such other20

members of the aviation community in Alaska

21

and covered locations as the Administrator de-22

termines appropriate to solicit additional loca-

23

tions at which to install and operate weather

24

cameras.

MUR24306 DVY

S.L.C.

1851‘‘(3) PRESUMPTION.—Unless the Director has

2

clear and compelling evidence to the contrary, the3

Director shall presume that the installation of a4

weather camera at a covered airport in Alaska, or

5that is recommended by a government with jurisdic-

6

tion over a covered location, is cost beneficial and7will improve aviation safety.

8‘‘(f) COOPERATION WITH OTHER AGENCIES.—In

9 carrying out this section, the Administrator shall cooper10 ate with the heads of other Federal or State agencies with
11 responsibilities affecting aviation safety in Alaska and cov12 ered locations, including the collection and dissemination
13 of weather data.
14
15
16

‘‘(g) SURVEILLANCE AND COMMUNICATION.—‘‘(1) IN GENERAL.—The Director shall takesuch actions as may be necessary to—17‘‘(A) encourage and incentivize the equi-

18

page of aircraft that operate under part 135 of

19

title 14, Code of Federal Regulations, with

20

automatic dependent surveillance and broadcast

21

out equipment; and22‘‘(B) improve aviation surveillance and23

communications in Alaska and covered loca-

24

tions.

MUR24306 DVY

S.L.C.

186
1‘‘(2) REQUIREMENT.—Not later than December2

31, 2030, the Administrator shall ensure that auto-

3

matic dependent surveillance and broadcast coverage

4is available at 5,000 feet above ground level5

throughout each covered location and Alaska.

67‘‘(3) WAIVER.—The Administrator shall waive
any positive benefit-cost ratio requirement for—

8‘‘(A) the installation and operation of

9equipment and facilities necessary to implement

10

the requirement under paragraph (2); and11‘‘(B) the provision of additional ground-12

based transmitters for automatic dependent

13

surveillance-broadcasts to provide a minimum

14

operational network in Alaska along major

15

flight routes.

16‘‘(4) SERVICE AREAS.—The Director shall con-17

tinuously identify additional automatic dependent

18

surveillance–broadcast service areas in which the de-19

ployment of automatic dependent surveillance–broad-20

cast receivers and equipment would improve aviation

21

safety.

22‘‘(h) OTHER PROJECTS.—The Director shall continue

23 to build upon other initiatives recommended in the reports
24 of the FAA Alaska Aviation Safety Initiative of the Ad-

MUR24306 DVY

S.L.C.

187
1 ministration published before the date of enactment of this2 section.
3‘‘(i) ANNUAL REPORT.—

4‘‘(1) IN GENERAL.—Beginning on the date that5

is 1 year after the date of enactment of the FAA

6

Reauthorization Act of 2024, and annually there-

7

after, the Administrator shall submit to the Com-8

mittee on Transportation and Infrastructure of the

9

House of Representatives and the Committee on

10

Commerce, Science, and Transportation of the Sen-11

ate a report on the Initiative, including an itemized

12

description of how the Administration budget meets13

the goals of the Initiative.

14‘‘(2) STAKEHOLDER COMMENTS.—The Director

15

shall append stakeholder comments, organized by

16

topic, to each report submitted under paragraph (1)17in the same manner as appendix 3 of the report ti-

18

tled ‘FAA Alaska Aviation Safety Initiative FY21

19

Final Report’, dated September 30, 2021.

20‘‘(j) FUNDING.—

21‘‘(1) IN GENERAL.—Notwithstanding any other22

provision of law, for each of fiscal years 2025

23

through 2028—

24‘‘(A) the Administrator may, upon applica-

25

tion from the government with jurisdiction over

MUR24306 DVY

S.L.C.

1881

a covered airport and in coordination with the2State or territory in which a covered airport is3

located, use amounts apportioned under sub-4

section (d)(2)(B) or subsection (e) of section

547114 to carry out the Initiative; or

6‘‘(B) the sponsor of a covered airport that7

receives an apportionment under subsection

8(d)(2)(A) or subsection (e) of section 47114

9

may use such apportionment for any purpose

10

contained in this section.

11

‘‘(2)

SUPPLEMENTALFUNDING.—Outof12amounts made available under section 106(k) and13

section 48101, not more than a total of $25,000,000

14

for each of fiscal years 2025 through 2028 is au-

15

thorized to be expended to carry out the Initiative.

16‘‘(k) DEFINITIONS.—In this section:

17‘‘(1) COVERED AIRPORT.—The term ‘covered

18

airport’ means an airport in Alaska or a covered lo-

19cation that is included in the national plan of inte-

20

grated airport systems required under section 47103

21

and that has a status other than unclassified in such

22

plan.

23

‘‘(2) COVEREDAUTOMATEDWEATHER

SYS-

24

TEM.—The

term ‘covered automated weather sys-

25tem’ means an automated or visual weather report-

MUR24306 DVY

S.L.C.

1891

ing facility that enables a pilot to begin an instru-

2

ment procedure approach to an airport under section

3

91.1039 or 135.225 of title 14, Code of Federal

4

Regulations.

5‘‘(3) COVERED LOCATION.—The term ‘covered

6

location’ means Hawaii, Puerto Rico, American

7

Samoa, Guam, the Northern Mariana Islands, and8

the Virgin Islands.

9‘‘(l) CONFORMITY.—The Administrator shall conduct

10 all activities required under this section in conformity with
11 section 44720.’’.
12(b) REMOTE POSITIONS.—Section 40122(g) of title

13 49, United States Code, is amended by adding at the end
14 the following:
15‘‘(7) REMOTE POSITIONS.—

16‘‘(A) IN GENERAL.—If the Administrator

17

determines that a covered position has not been

18

filled after multiple vacancy announcements and19

that there are unique circumstances affecting

20

the ability of the Administrator to fill such posi-

21tion, the Administrator may consider, in con-22

sultation with the appropriate labor union, ap-23

plicants for the covered position who apply

24

under a vacancy announcement recruiting from

MUR24306 DVY

S.L.C.

190
1

the State or territory in which the position is2

based.

3‘‘(B) COVEREDPOSITION

DEFINED.—In

4

this paragraph, the term ‘covered position’5means a safety-critical position, to include per-6sonnel located at contract towers, based in

7

Alaska, Hawaii, Puerto Rico, American Samoa,

8Guam, the Northern Mariana Islands, and the9

Virgin Islands.’’.

10
11
12

(c) GAO STUDY ON ALASKA AVIATION SAFETY.—(1) STUDY.—The Comptroller General shallconduct a study to—13(A) examine the effectiveness of the Don

14

Young Alaska Aviation Safety Initiative to im-

15

prove aviation safety, service, and infrastruc-16ture; and

17(B) identify challenges within the FAA to18

accomplishing safety improvements carried out

19

under such Initiative.

20(2) REPORT.—Not later than 2 years after the21

date of enactment of this Act, the Comptroller Gen-22

eral shall submit to the appropriate committees of23

Congress a report containing—

24
25(A) the findings of the study under paragraph (1); andMUR24306 DVY

S.L.C.

191
1(B) recommendations for such legislative2

or administrative action as the Comptroller

3

General determines appropriate.

4(d) RUNWAY LENGTH.—The Administrator—

5(1) may not restrict funding made available

6

under chapter 471 of title 49, United States Code,7

from being used at an airport in Alaska to rehabili-

8tate, resurface, or reconstruct the full length and9width of an existing runway within Alaska based

10solely on reduced current or forecasted aeronautical11

activity levels or critical design type standards;

12(2) may not reject requests for projects at air-13

ports in rural communities and villages off the road14

system in Alaska if such projects address critical

15

community needs, including projects—

16(A) that support economic development by

17

expanding a runway to meet new demands; or

18(B) that preserve the length of runways

19

used by aircraft to deliver necessary cargo, in-20

cluding heating fuel and gasoline, for the com-21

munity served by the airport; and22(3) shall, not later than 60 days after receiving

23

a request for a runway rehabilitation or reconstruc-24tion project at an airport in Alaska, review each

25

such request on a case-by-case basis.

MUR24306 DVY

S.L.C.

192
12(e) IMPLEMENTATIONOFNTSB RECOMMENDA-

TIONS.—

3(1) IN GENERAL.—Not later than 3 years after4

the date of enactment of this Act, the Administrator

5

shall take such actions as may be necessary to im-

6

plement National Transportation Safety Board rec-7

ommendations A–22–25 and A–22–26 (as contained

8

in Aviation Investigation Report AIR–22–09, adopt-

9

ed November 16, 2022).

10(2) COORDINATION.—In taking actions under11

paragraph (1), the Administrator shall coordinate

12with the State of Alaska, airports in Alaska, air car-13

riers operating in Alaska, private pilots (including

14

tour operators) based in Alaska, and such other15

members of the Alaska aviation community or other16

stakeholders as the Administrator determines appro-

17

priate.

18(f) CLERICAL AMENDMENT.—The analysis for chap-

19 ter 447 of title 49, United States Code, is amended by
20 adding at the end the following:‘‘44745. Don Young Alaska Aviation Safety Initiative.’’.

21
22

SEC. 343. ACCOUNTABILITY AND COMPLIANCE.

(a) IN GENERAL.—Section 44704(a) of title 49,

23 United States Code, is amended by adding at the end the
24 following:MUR24306 DVY

S.L.C.

1931‘‘(6) SUBMISSION OF DATA.—When an appli-2

cant submits design data to the Administrator for a3

finding of compliance as part of an application for4

a type certificate, the applicant shall certify to the5Administrator that—

6‘‘(A) the submitted design data dem-

7

onstrates compliance with the applicable air-8

worthiness standards; and9‘‘(B) any airworthiness standards not com-10

plied with are compensated for by factors that11

provide an equivalent level of safety, as agreed

12

upon by the Administrator.’’.
(b) REPORT TO CONGRESS.—Not later than 1 year13

14 after the date of enactment of this Act, the Administrator
15 shall provide to the appropriate committees of Congress
16 a briefing on the implementation of the certification re17 quirement added by the amendment made by subsection
18 (a).
19
20

SEC. 344. CHANGED PRODUCT RULE REFORM.

(a) IN GENERAL.—Not later than 18 months after

21 the date of enactment of this Act, the Administrator shall
22 issue a notice of proposed rulemaking to revise section
23 21.101 of title 14, Code of Federal Regulations, to achieve
24 the following objectives:

MUR24306 DVY

S.L.C.

194
1(1) For any significant design change, as deter-2

mined by the Administrator, to require that any ex-3

ception under subsection (b)(3) of such section from4

the requirement to comply with the latest amend-

5

ments of the applicable airworthiness standards in

6

effect on the date of application for the change be

7

approved only after providing public notice and op-

8

portunity to comment on such exception.

9(2) To ensure appropriate documentation of

10

any exception or exemption from airworthiness re-11

quirements in title 14, Code of Federal Regulations,12

as in effect on the date of application for the

13change.

14(b) CONGRESSIONAL BRIEFING.—Not later than 1

15 year after the date of enactment of this Act, the Adminis16 trator shall provide to the appropriate committees of Con17 gress a briefing on the implementation by the FAA of the
18 recommendations of the Changed Product Rule Inter19 national Authorities Working Group, established for pur20 poses of carrying out the requirements of section 117 of
21 the Aircraft Certification, Safety, and Accountability Act
22 (49 U.S.C. 44704 note), including recommendations on
23 harmonized changes and reforms regarding the imprac24 tical exception.

MUR24306 DVY

S.L.C.

1951(c) FINAL RULE.—Not later than 3 years after the

2 date of enactment of this Act, the Administrator shall3 issue a final rule based on the notice of proposed rule4 making issued under subsection (a).
5(d) ANNUAL REPORT.—Beginning in 2025 and annu-

6 ally thereafter through 2028, the Administrator shall sub7 mit to the appropriate committees of Congress an annual
8 report detailing the number of all significant design
9 change exceptions approved and denied under paragraphs
10 (1) through (3) of section 21.101(b) of title 14, Code of
11 Federal Regulations.
12

SEC. 345. ADMINISTRATIVE AUTHORITY FOR CIVIL PEN-

13
14

ALTIES.

Section 46301(d) of title 49, United States Code, is

15 amended—1617(1) in paragraph (4) by striking subparagraph(A) and inserting the following:

18‘‘(A) the amount in controversy is more than—19‘‘(i) $400,000 if the violation was com-20

mitted by any person other than an individual21

or small business concern before the date of en-

22

actment of the FAA Reauthorization Act of

23

2024;

24

‘‘(ii) $50,000 if the violation was com-25

mitted by an individual or small business con-

MUR24306 DVY

S.L.C.

196
1

cern before the date of enactment of the FAA

2

Reauthorization Act of 2024;

3‘‘(iii) $1,200,000 if the violation was com-4

mitted by a person other than an individual or5

small business concern on or after the date of

6enactment of the FAA Reauthorization Act of

72024; or8‘‘(iv) $100,000 if the violation was com-9

mitted by an individual on or after the date of

10enactment of the FAA Reauthorization Act of

112024;’’; and12(2) by striking paragraph (8) and inserting the13

following:

14‘‘(8) The maximum civil penalty the Adminis-

15

trator of the Transportation Security Administra-

16tion, Administrator of the Federal Aviation Adminis-

17

tration, or Board may impose under this subsection

18

is—

19

‘‘(A) $400,000 if the violation was com-20

mitted by a person other than an individual or

21

small business concern before the date of enact-

22

ment of the FAA Reauthorization Act of 2024;

23‘‘(B) $50,000 if the violation was com-24

mitted by an individual or small business con-

MUR24306 DVY

S.L.C.

197
1

cern before the date of enactment of the FAA

2

Reauthorization Act of 2024;

3‘‘(C) $1,200,000 if the violation was com-4

mitted by a person other than an individual or5

small business concern on or after the date of

6enactment of the FAA Reauthorization Act of

72024; or8‘‘(D) $100,000 if the violation was com-9

mitted by an individual on or after the date of

10enactment of the FAA Reauthorization Act of

112024.’’.

12

SEC. 346. STUDY ON AIRWORTHINESS STANDARDS COMPLI-

13
14

ANCE.

(a) STUDY.—The Administrator shall seek to enter

15 into an agreement with a federally funded research and
16 development center to conduct a study, in consultation
17 with appropriate aviation safety engineers of the FAA, on
18 the occurrences and potential consequences of a transport
19 airplane design found to not to comply with applicable air20 worthiness standards.
21(b) SCOPE.—In conducting the study pursuant to22 subsection (a), the federally funded research and develop23 ment center shall identify each final airworthiness direc24 tive issued by the FAA or another civil aviation author25 ity—

MUR24306 DVY

S.L.C.

198
1(1) applicable to transport airplanes during the2

10-year period prior to the date of enactment of this3Act; and4(2) to address an unsafe condition resulting

5

from an approved design that was noncompliant

6

with an applicable airworthiness standard.

7(c) REQUIREMENTS.—For each such airworthiness8 directive identified under subsection (b), the federally
9 funded research and development center shall examine—
10
11
12
13

(1) the airworthiness standard with which thetransport airplane failed to comply;(2) the resulting unsafe condition and whether
such condition resulted in an accident;

14(3) the methods by which the noncompliance15

was discovered and brought to the attention of the16

FAA or another civil aviation authority, to the ex-17tent such methods can be identified;18(4) an analysis of the method used by the appli-

19

cant to show compliance during the certification

20

process and whether other compliance methods may

21

have reasonably identified the noncompliance during

22

the certification process;23(5) the date of approval of the relevant type de-24

sign and the date of issuance of the airworthiness25

directive;MUR24306 DVY

S.L.C.

199(6) any corrective action mandated to address

1
2

the identified unsafe condition;3(7) the period of time specified for the incorpo-

4

ration of the corrective action, during which the af-

5fected transport airplanes were allowed to operate

6

before the unsafe condition was corrected; and(8) the total cost of compliance estimated in the

7
8

final rule adopting the airworthiness directive.

9(d) COORDINATION.—In conducting the study under

10 subsection (a), the federally funded research and develop11 ment center shall coordinate with, and solicit comments
12 from—(1) transport category aircraft manufacturers;

13
14

and

15

(2) employees of the Administration, including

16

the official bargaining representative of aircraft cer-17tification services engineers and of aviation safety

18

engineers under section 7111 of title 5, United

19

States Code, involved in developing airworthiness di-20

rectives, as necessary.

21(e) REPORT TO CONGRESS.—Not later than 2 years

22 after the date of enactment of this Act, the Administrator
23 shall submit to the appropriate committees of Congress
24 a report that includes—

MUR24306 DVY

S.L.C.

200(1) the results of the study conducted under1
2

subsection (a);3(2) actions the Administrator determines nec-

4

essary to improve safety as a result of the findings

5

under subsection (a) and any root causes of an un-

6safe condition that were identified;(3) the comments solicited under subsection (d);

7
8

and

9

(4) any other recommendations for legislative or

10administrative action determined appropriate by the11Administrator.

12(f) DEFINITIONS.—In this section:

13(1) AIR CARRIER; FOREIGN AIR CARRIER.—The

14

terms ‘‘air carrier’’ and ‘‘foreign air carrier’’ have15

the meanings given such terms in section 40102 of

16

title 49, United States Code.

17(2) TRANSPORT AIRPLANE.—The term ‘‘trans-18

port airplane’’ means a transport category airplane19

designed for operation by an air carrier or foreign20

air carrier type-certificated with a passenger seating

21

capacity of 30 or more or an all-cargo or combi de-22

rivative.

23
24
25

SEC. 347. ZERO TOLERANCE FOR NEAR MISSES, RUNWAY
INCURSIONS, AND SURFACE SAFETY RISKS.

(a) POLICY.—MUR24306 DVY

S.L.C.

20112(1) IN GENERAL.—Section 47101(a) of title 49,
United States Code, is amended—
(A)

3

by

redesignating

paragraphs(2)4

through (13) as paragraphs (3) through (14),5respectively; and(B) by inserting after paragraph (1) the

67

following:

8‘‘(2) that projects, activities, and actions that9

prevent runway incursions serve to—‘‘(A) improve airport surface surveillance;

10
11

and

12

‘‘(B) mitigate surface safety risks that are13

essential to ensuring the safe operation of the

14

airport and airway system;’’.

15

(2)

CONFORMINGAMENDMENTS.—Section

16

47101 of title 49, United States Code, is amended—

17(A) in subsection (g) by striking ‘‘sub-18

section19(a)(6)’’; and20(a)(5)’’

andinserting‘‘subsection(B) in subsection (h) by striking ‘‘sub-21

section(a)(6)’’

22(a)(7)’’.

23(3) CONTINUOUS

andinserting‘‘subsection

EVALUATION.—In

carrying

24

out section 47101(a) of title 49, United States Code,25

as amended by this subsection, the Administrator

MUR24306 DVY

S.L.C.

202
1

shall establish a process to continuously track and2evaluate ground traffic and air traffic activity and3

related incidents at airports.

4(b) RUNWAY SAFETY COUNCIL.—

5(1) IN GENERAL.—Not later than 6 months

6

after the date of enactment of this Act, the Adminis-

7

trator shall establish a council, to be known as the8‘‘Runway Safety Council’’ (in this section referred to9as the ‘‘Council’’), to develop a systematic manage-

10

ment strategy to address airport surface safety

11

risks.

12(2) DUTIES.—The duties of the Council shall13

include, at a minimum, advancing the development

14

of risk-based, data driven, integrated systems solu-

15

tions and strategies to enhance airport surface safe-

16

ty risk mitigation.

17(3) MEMBERSHIP.—

18(A) IN

GENERAL.—In

establishing the19

Council, the Administrator shall appoint at

20

least 1 member from each of the following:

21(i) Airport operators.

22(ii) Air carriers.

23(iii) Aircraft operators.

24(iv) Avionics manufacturers.

25(v) Flight schools.

MUR24306 DVY

S.L.C.

2031(vi) The exclusive collective bargaining

2

representative of aviation safety profes-3

sionals for the FAA certified under section

47111 of title 5, United States Code.

5(vii) The exclusive bargaining rep-6

resentative of the air traffic controllers cer-7

tified under section 7111 of title 5, United

8

States Code.
(viii) Other safety experts the Admin-

910

istrator determines appropriate.

11(B) ADDITIONAL MEMBERS.—The Admin-

12

istrator may appoint members representing any

13other stakeholder organization that the Admin-

14

istrator determines appropriate to the Runway

15

Safety Council.

16(c) AIRPORT SURFACE SAFETY TECHNOLOGIES.—

17(1) IDENTIFICATION.—Not later than 6 months

18

after the date of enactment of this Act, the Adminis-

19

trator shall, in coordination with the Council, con-20

sult with relevant stakeholders to identify tech-21

nologies, equipment, systems, and process changes,

22

that—

23

(A) may provide airport surface surveil-

24

lance capabilities at airports lacking such capa-

25

bilities;MUR24306 DVY

S.L.C.

204(B) may augment existing airport surface

1
2

detection and surveillance system; or
(C)

3

may

improveonboardsituational

4

awareness for flight crewmembers, including

5

technologies for use in an aircraft that—(i) reduce the risk of collision on the

6

runway with other aircraft or vehicles;7(ii) calculate safe landing distances;

8
and

9

(iii) prompt actions to bring the air-

10

craft to a safe stop.

1112(2) CRITERIA.—Not later than 1 year after the13date of enactment of this Act, the Administrator

14

shall—

15(A) based on the information obtained pur-16

suant to paragraph (1)(A) and (1)(B), identify

17

airport surface detection and surveillance sys-

18

tems that meet the standards of the FAA and19

may be able to—20(i) provide airport surface surveillance21

capabilities at airports lacking such capa-

22bilities; or23(ii) augment existing airport surface

24

detection and surveillance systems, such as

25

Airport Surface Detection System—ModelMUR24306 DVY

S.L.C.

205
1

X or the Airport Surface Surveillance Ca-2pability;

3(B) establish a timeline and action plan for4

replacing, maintaining, or enhancing the oper-

5

ational capability provided by existing airport

6

surface detection and surveillance systems, and7

implementing runway safety technologies at air-8

ports without airport surface detection and sur-9veillance systems, as needed, to improve runway

10

safety;11(C) based on the information obtained pur-12

suant to paragraph (1)(C), identify safety tech-13

nologies and systems in transport airplanes that14

meet the standards of the FAA that will—

15(i) enhance runway safety for trans-

16

port airplanes that lack the capabilities of17such technologies and systems, as appro-

18

priate; or19(ii) augment existing onboard situa-

20

tional awareness runway traffic alerting21

and runway landing safety technologies in-22stalled on transport airplanes; and23(D) establish clear and quantifiable criteria

24

relating to operational factors, including ground25

traffic and air traffic activity and the rate ofMUR24306 DVY

S.L.C.

206
1

runway and terminal airspace safety events (in-2cluding runway incursions), that determine

3

when the installation and deployment of an air-4

port surface detection or surveillance system, or5other runway safety system (including runway

6

status lights), at an airport is required.

7(3) DEPLOYMENT.—Not later than 5 years

8

after the date of enactment of this Act, the Adminis-

9

trator shall ensure that airport surface detection and10

surveillance systems are deployed and operational

11

at—

12
13

(A) all airports described in paragraph(2)(A); and

14(B) all medium and large hub airports.

15(4) BRIEFING.—Not later than 3 years after16

the date of enactment of this Act, the Administrator

17

shall brief the appropriate committees of Congress18

on the progress of the deployment described in para-

19

graph (3).

20(d) FOREIGN OBJECT DEBRIS DETECTION.—

21(1) IN GENERAL.—Not later than 3 years after

22

the date of enactment of this Act, the Administrator

23

shall assess, in coordination with the Council, auto-24

mated foreign object debris monitoring and detection

MUR24306 DVY

S.L.C.

207
1

systems at not less than 3 airports that are using2

such systems.

3(2) CONSIDERATIONS.—In conducting the as-

4sessment under paragraph (1), the Administrator

5

shall consider the following:

6(A) The categorization of an airport.

7(B) The potential frequency of foreign ob-

8ject debris incidents on airport runways or ad-

9jacent ramp areas.

10(C) The availability of funding for the in-

11stallation and maintenance of foreign object de-12bris monitoring and detection systems.

1314(D) The impact of such systems on the airfield operations of an airport.

15(E) The effectiveness of available foreign16

object debris monitoring and detection systems.

17(F) Any other factors relevant to assessing

18

the return on investment of foreign object de-19bris monitoring and detection systems.

20(3) CONSULTATION.—In carrying out this sub-21

section, the Administrator and the Council shall con-22

sult with manufacturers and suppliers of foreign ob-

23

ject debris detection technology and any other rel-24

evant stakeholders.

25(e) RUNWAY SAFETY STUDY.—MUR24306 DVY

S.L.C.

208
1(1) IN GENERAL.—Not later than 2 years after2

the date of enactment of this Act, the Administrator

3

shall seek to enter into appropriate arrangements

4with a federally funded research and development

5

center to conduct a study of runway incursions, air-6

port surface incidents, operational errors, or losses

7of standard separation of aircraft in the approach or8

departure phase of flight to determine how advanced

9

technologies and future airport development projects

10

may be able to reduce the frequency of such events

11and enhance aviation safety.

12(2) CONSIDERATIONS.—In conducting the study

13

under paragraph (1), the federally funded research

14

and development center shall—

15(A) examine data relating to recurring

16

runway incursions, surface incidents, oper-

17

ational errors, or losses of standard separation

18of aircraft in the approach or departure phase19

of flight at airports to identify the underlying

20

factors that caused such events;

2122(B) assess metrics used to identify whensuch events are increasing at an airport;

23(C) assess available and developmental

24

technologies, including and beyond such tech-25

nologies considered in subsection (c), that may

MUR24306 DVY

S.L.C.

2091

augment existing air traffic management capa-

2bilities of surface surveillance and terminal air-3

space equipment;

4(D) consider growth trends in airport size,

5

staffing and communication complexities to6

identify—

7(i) future gaps in information ex-

8change between aerospace stakeholders;

9and(ii) methods for meeting future near

10
11

real-time information sharing needs; and12(E) examine airfield safety training pro-13

grams used by airport tenants and other stake-14

holders operating on airfields of airports, in-15

cluding airfield familiarization training pro-

16

grams for employees, to assess scalability to17handle future growth in airfield capacity and18

traffic.

19(3) RECOMMENDATIONS.—In conducting the20

study required by paragraph (1), the federally fund-21

ed research and development center shall develop

22

recommendations for the strategic planning efforts

23of the Administration to appropriately maintain sur-24

face safety considering future increases in air trafficMUR24306 DVY

S.L.C.

210
1and based on the considerations described in para-

2graph (2).

3(4) REPORT TO CONGRESS.—Not later than 90

4days after the completion of the study required by5paragraph (1), the Administrator shall submit to the6

appropriate committees of Congress a report on the7findings of such study and any recommendations de-8veloped under paragraph (3).

9(f) DEFINITIONS.—In this section:

10(1) AIR CARRIER; FOREIGN AIR CARRIER.—The11

terms ‘‘air carrier’’ and ‘‘foreign air carrier’’ have12

the meanings given such terms in section 40102 of

13

title 49, United States Code.

14(2) AIRPORT SURFACE DETECTION AND SUR-

15

VEILLANCE SYSTEM.—The term ‘‘airport surface de-16

tection and surveillance system’’ means an airport

17

surveillance system that is—

1819(A) designed to track surface movement ofaircraft and vehicles; or

20(B) capable of alerting air traffic control-

21

lers or flight crewmembers of a possible runway

22

incursion, misaligned approach, or other safety

23

event.

24(3) TRANSPORT AIRPLANE.—The term ‘‘trans-25

port airplane’’ means a transport category airplaneMUR24306 DVY

S.L.C.

211
1

designed for operation by an air carrier or foreign2

air carrier jet type-certificated with a passenger

3

seating capacity of at least 10 seats or a maximum

4

takeoff weight above 12,500 pounds or an all-cargo5

or combi derivative of such an airplane.

67
8SEC. 348. IMPROVEMENTS TO AVIATION SAFETY INFORMATION ANALYSIS AND SHARING PROGRAM.

(a) IN GENERAL.—Not later than 3 years after the

9 date of enactment of this Act, the Administrator shall im10 plement improvements to the Aviation Safety Information
11 Analysis and Sharing Program with respect to safety data
12 sharing and risk mitigation.
13(b) REQUIREMENTS.—In carrying out subsection (a),14 the Administrator shall—
15(1) identify methods to increase the rate at

16

which data is collected, processed, and analyzed to17

expeditiously share safety intelligence;

18
19
20
21
22
23

(2) develop predictive capabilities to anticipate
emerging safety risks;(3) identify methods to improve shared data environments with external stakeholders;(4) establish a robust process for prioritizing
requests for safety information;

MUR24306 DVY

S.L.C.

2121(5) establish guidance to encourage regular2

safety inspector review of non-confidential aviation3

safety and performance data;

4(6) identify industry segments not yet included

5

and conduct outreach to such industry segments to6

increase the rate of participation, including—

7(A) general aviation;

8(B) air transportation and commercial

9

aviation;

10(C) rotorcraft operations;

11(D) air ambulance operations; and12(E) aviation maintenance;

13(7) establish processes for obtaining and ana-

14lyzing comprehensive and aggregate data for new

15

and future industry segments; and

16(8) integrate safety data from unmanned air-17

craft system operators, as appropriate.

18(c) IMPLEMENTATION.—In carrying out subsection

19 (a), the Administrator shall—
20(1) prioritize production-ready configurable so-

21

lutions over custom development, as appropriate, to22

support FAA critical aviation safety programs; and23(2) ensure that adequate market research is

24completed in accordance with FAA acquisition man-25

agement system requirements, including appropriate

MUR24306 DVY

S.L.C.

2131

demonstrations of proposed solutions, as part of the2

evaluation criteria.

3(d) RULE OF CONSTRUCTION.—Nothing in this sec-

4 tion shall be construed—
5(1) to require the Administrator to share con-6

fidential or proprietary information and data to safe-

7

ty inspectors for purposes of enforcement; or

8(2) to limit the applicability of section 44735 of

9

title 49, United States Code, to the Aviation Safety

10

Information Analysis and Sharing Program.

11(e) BRIEFING.—Not later than 180 days after the

12 date of enactment of this Act, and every 6 months there13 after until the improvements under subsection (a) are
14 made, the Administrator shall brief the appropriate com15 mittees of Congress on the progress of implementation of
16 the Aviation Safety Information Analysis and Sharing
17 Program, including—18(1) an assessment of the progress of the FAA

19

toward achieving milestones for such program identi-

20

fied by the inspector general of the Department of

21

Transportation and the Special Committee to Review

22

FAA Aircraft Certification Reports;

23(2) a description of the plan to use appropriate

24

deployable commercial solutions to assist the FAA in

25

meeting such milestones;

MUR24306 DVY

S.L.C.

21412(3) steps taken to make improvements undersubsection (b); and3(4) a summary of the efforts of the FAA to ad-

4dress gaps in safety data provided from any of the5industry segments described in subsection (b)(6).

6SEC. 349. INSTRUCTIONS FOR CONTINUED AIRWORTHINESS7AVIATION RULEMAKING COMMITTEE.

8(a) IN GENERAL.—The Administrator shall convene

9 an aviation rulemaking committee to review, and develop
10 findings and recommendations regarding, instructions for
11 continued airworthiness (as described in section 21.50 of
12 title 14, Code of Federal Regulations), and provide to the
13 Administrator a report on such findings and recommenda14 tions and for other related purposes as determined by the
15 Administrator.
16(b) COMPOSITION.—The aviation rulemaking com-

17 mittee established pursuant to subsection (a) shall consist
18 of members appointed by the Administrator, including
19 representatives of—20(1) holders of type certificates (as described in21

subpart B of part 21, title 14, Code of Federal Reg-22

ulations);

23(2) holders of production certificates (as de-24

scribed in subpart G of part 21, title 14, Code of25

Federal Regulations);MUR24306 DVY

S.L.C.

2151(3) holders of parts manufacturer approvals (as2described in subpart K of part 21, title 14, Code of3

Federal Regulations);

4(4) holders of technical standard order author-

5

izations (as described in subpart O of part 21, title

6

14, Code of Federal Regulations);

78(5) operators under parts 121, 125, or 135 of
title 14, Code of Federal Regulations;9(6) holders of repair station certificates (as de-10

scribed in section 145 of title 14, Code of Federal

11

Regulations) that are not also type certificate hold-12

ers as included under paragraph (1), production cer-

13tificate holders as included under paragraph (2), or

14

aircraft operators as included under paragraph (5)15(or associated with any such entities);

16(7) the certified bargaining representative of

17

aviation safety inspectors and engineers for the Ad-

18

ministration;

19(8) general aviation operators;

20(9) mechanics certificated under part 65 of title

21

14, Code of Federal Regulations;22(10) holders of supplemental type certificates23(as described in subpart E of part 21 of title 14,

24

Code of Federal Regulations);MUR24306 DVY

S.L.C.

2161(11) designated engineering representatives em-

2ployed by repair stations described in paragraph (6);

3

and

4

(12) aviation safety experts with specific knowl-

5edge of instructions for continued airworthiness poli-

6

cies and regulations.

7(c) CONSIDERATIONS.—The aviation rulemaking

8 committee established pursuant to subsection (a) shall
9 consider—10(1) existing standards, regulations, certifi-

11

cations, assessments, and guidance related to in-

12

structions for continued airworthiness and the clar-13

ity of such standards, regulations, certifications, as-14

sessments, and guidance to all parties;

15
16
17
18

(2) the sufficiency of safety data used in preparing instructions for continued airworthiness;(3) the sufficiency of maintenance data used in
preparing instructions for continued airworthiness;

19(4) the protection of proprietary information20

and intellectual property in instructions for contin-

21

ued airworthiness;

22(5) the availability of instructions for continued

23

airworthiness, as needed, for maintenance activities;

MUR24306 DVY

S.L.C.

217
1(6) the need to harmonize or deconflict pro-2

posed and existing regulations with other Federal

3

regulations, guidance, and policies;

4(7) international collaboration, where appro-

5

priate and consistent with the interests of safety in6

air commerce and national security, with other civil

7

aviation

8

standards organizations, and any other appropriate

9

entities; and10

authorities,

international

aviationand(8) any other matter the Administrator deter-

11

mines appropriate.

12(d) DUTIES.—The Administrator shall—

13(1) not later than 1 year after the date of en-

14

actment of this Act, submit to the appropriate com-15

mittees of Congress a copy of the aviation rule-16

making committee report under subsection (a); and17(2) not later than 180 days after the date of18

submission of the report under paragraph (1), ini-

19

tiate a rulemaking activity or make such policy and20

guidance updates necessary to address any con-21

sensus recommendations reached by the aviation

22

rulemaking committee established pursuant to sub-23

section (a), as determined appropriate by the Ad-

24

ministrator.

MUR24306 DVY

S.L.C.

218
1
2

SEC. 350. SECONDARY COCKPIT BARRIERS.

(a) IN GENERAL.—Not later than 6 months after the

3 date of enactment of this Act, the Administrator shall con4 vene an aviation rulemaking committee to review and de5 velop findings and recommendations to require installation
6 of a secondary cockpit barrier on commercial passenger
7 aircraft operated under the provisions of part 121 of title
8 14, Code of Federal Regulations, that are not captured
9 under another regulation or proposed regulation.
10(b) MEMBERSHIP.—The Administrator shall chair

11 and appoint the members of the rulemaking committee
12 convened under subsection (a), which shall be comprised
13 of at least 1 representative from the constituencies of—
14(1) mainline air carriers;

15(2) regional air carriers;

16(3) aircraft manufacturers;

17(4) passenger aircraft pilots represented by a

18
19
20

labor group;(5) flight attendants represented by a laborgroup;

21(6) airline passengers; and

22(7) other stakeholders the Administrator deter-

23

mines appropriate.

24(c) CONSIDERATIONS.—The aviation rulemaking

25 committee convened under subsection (a) shall consider—MUR24306 DVY

S.L.C.

219
1(1) minimum dimension requirements for sec-2

ondary barriers on all aircraft types operated under3

part 121 of title 14, Code of Federal Regulations;

4(2) secondary barrier performance standards

5

manufacturers and air carriers must meet for such6

aircraft types;

78(3) the availability of certified secondary barriers suitable for use on such aircraft types;

9(4) the development, certification, testing, man-10

ufacturing, installation, and training for secondary

11

barriers for such aircraft types;

12(5) flight duration and stage length;13(6) the location of lavatory on such aircraft as

14

related to operational complexities;

15(7) operational complexities;

16(8) any risks to safely evacuate passengers of

17
18

such aircraft; and(9) other considerations the Administrator de-19

termines appropriate.

20(d) REPORTTOCONGRESS.—Not later than 12

21 months after the convening of the aviation rulemaking
22 committee described in subsection (a), the Administrator
23 shall submit to the appropriate committees of Congress
24 a report based on the findings and recommendations ofMUR24306 DVY

S.L.C.

220
1 the aviation rulemaking committee convened under sub2 section (a), including—(1) if applicable, any dissenting positions on the34findings and the rationale for each position; and5(2) any disagreements with the recommenda-

6

tions, including the rationale for each disagreement

7

and the reasons for the disagreement.

8(e) INSTALLATION OF SECONDARY COCKPIT BAR-

9

RIERS

OF

EXISTING AIRCRAFT.—Not later than 36

10 months after the date of the submission of the report
11 under subsection (d), the Administrator shall, taking into
12 consideration the final reported findings and recommenda13 tions of the aviation rulemaking committee, issue a final
14 rule requiring installation of a secondary cockpit barrier
15 on each commercial passenger aircraft operated under the
16 provisions of part 121 of title 14, Code of Federal Regula17 tions.
18
19

SEC. 351. PART 135 DUTY AND REST.

(a) PART 91 TAIL–END FERRY RULEMAKING.—Not

20 later than 3 years after the date of enactment of this Act,
21 the Administrator shall require that any operation con22 ducted by a flight crewmember during an assigned duty
23 period under the operational control of an operator hold24 ing a certificate under part 135 of title 14, Code of Fed25 eral Regulations, before, during, or after the duty periodMUR24306 DVY

S.L.C.

221
1 (including any operations under part 91 of title 14, Code2 of Federal Regulations), without an intervening rest pe3 riod, shall count towards the flight time and duty period
4 limitations of such flight crewmember under part 135 of
5 title 14, Code of Federal Regulations.
6(b) RECORD KEEPING.—Not later than 1 year after

7 the date of enactment of this Act, the Administrator shall
8 update any Administration policy and guidance regarding
9 complete and accurate record keeping practices for opera10 tors holding a certificate under part 135 of title 14, Code
11 of Federal Regulations, in order to properly document, at
12 a minimum—
13(1) flight crew assignments;

14(2) flight crew prospective rest notifications;15(3) compliance with flight and duty times limi-

16

tations and post-duty rest requirements; and

17(4) duty period start and end times.

18(c) SAFETY MANAGEMENT SYSTEM OVERSIGHT.—

19 The Administrator, in performing oversight of the safety
20 management system of an operator holding a certificate
21 under part 135 of title 14, Code of Federal Regulations,
22 following the implementation of the final rule issued based
23 on the final rule titled ‘‘Safety Management Systems’’,24 and published on April 26, 2024 (89 Fed. Reg. 33068),
25 shall ensure such operator is evaluating and appropriately

MUR24306 DVY

S.L.C.

222
1 mitigating aviation safety risks, including, at minimum,
2 risks associated with—(1) inadequate flight crewmember duty and rest

3
4

periods; and(2) incomplete records pertaining to flight crew

5
6

rest, duty, and flight times.

7(d) ORGAN TRANSPORTATION FLIGHTS.—In updat-

8 ing guidance and policy pursuant to subsection (b), the9 Administrator shall consider and allow for appropriate ac10 commodations, including accommodations related to sub11 sections (b)(2) and (b)(4) for operators—(1) performing organ transportation operations;

12
13

and

14

(2) who have in place a means by which to15

identify and mitigate risks associated with flight16

crew duty and rest.

17

SEC. 352. FLIGHT DATA RECOVERY FROM OVERWATER OP-

18
19

ERATIONS.

(a) FLIGHT DATA RECOVERY FROM OVERWATER

20 OPERATIONS.—Chapter 447 of title 49, United States
21 Code, is further amended by adding at the end the fol22 lowing:MUR24306 DVY

S.L.C.

223
1 ‘‘§ 44746. Flight data recovery from overwater oper2
3

ations‘‘(a) IN GENERAL.—Not later than 18 months after

4 the date of enactment of this section, the Administrator
5 of the Federal Aviation Administration shall complete a
6 rulemaking proceeding to require that, not later than 5
7 years after the date of enactment of this section, all appli8 cable aircraft are—9‘‘(1) fitted with a means, in the event of an ac-

10cident, to recover mandatory flight data parameters11

in a manner that does not require the underwater

12

retrieval of the cockpit voice recorder or flight data

13

recorder;14‘‘(2) equipped with a tamper-resistant method

15

to broadcast sufficient information to a ground sta-

16

tion to establish the location where an applicable air-17

craft terminates flight as the result of such an event;

18

and

19

‘‘(3) equipped with an airframe low-frequency

20

underwater locating device that functions for at least

21

90 days and that can be detected by appropriate

22

equipment.

23‘‘(b) APPLICABLE AIRCRAFT DEFINED.—In this sec-

24 tion, the term ‘applicable aircraft’ means an aircraft man25 ufactured on or after January 1, 2028, that is—MUR24306 DVY

S.L.C.

224
1
2
3
4

‘‘(1) operated under part 121 of title 14, Codeof Federal Regulations;‘‘(2) required by regulation to have a cockpit
voice recorder and a flight data recorder; and5‘‘(3) used in extended overwater operations.’’.

6(b) CLERICAL AMENDMENT.—The analysis for chap-

7 ter 447 of title 49, United States Code, is further amend8 ed by adding at the end the following:‘‘44746. Flight data recovery from overwater operations.’’.

9

SEC. 353. RAMP WORKER SAFETY CALL TO ACTION.

10(a) CALL TO ACTION RAMP WORKER SAFETY RE-

11

VIEW.—Not later than 180 days after the date of enact-

12 ment of this Act, the Administrator shall initiate a Call
13 to Action safety review of airport ramp worker safety and14 ways to minimize or eliminate ingestion zone and jet blast
15 zone accidents.
16(b) CONTENTS.—The Call to Action safety review re-

17 quired pursuant to subsection (a) shall include—
18(1) a description of Administration regulations,

19

guidance, and directives related to airport ramp

20

worker safety procedures and oversight of such proc-

21

esses;

22(2) a description of reportable accidents and in-23

cidents involving airport ramp workers in 5-year pe-

24

riod preceding the date of enactment of this Act, in-MUR24306 DVY

S.L.C.

225
1

cluding any identified contributing factors to the re-2

portable accident or incident;

3(3) training and related educational materials

4

for airport ramp workers, including supervisory and5contract employees;

6(4) any recommended devices and methods for

7

communication on the airport ramp, including con-8

siderations of requirements for operable radios and9headsets;

10(5) a review of markings on the airport ramp

11

that define restriction, staging, safety, or hazard

12zones, including markings to clearly define and13graphically indicate the engine ingestion zones and14

envelope of safety for the variety of aircraft that15

may park at the same gate of the airport;

16(6) a review of aircraft jet blast and engine in-17

take safety markings, including incorporation of18

markings on aircraft to indicate engine inlet danger

19zone; and20(7) a process for stakeholders, including air-

21

lines, aircraft manufacturers, airports, labor, and22

aviation safety experts, to provide feedback and23

share best practices.

MUR24306 DVY

S.L.C.

2261(c) REPORT AND ACTIONS.—Not later than 180 days

2 after the conclusion of the Call to Action safety review
3 pursuant to subsection (a), the Administrator shall—
4(1) submit to the appropriate committees of5

Congress a report on the results of the review and6

any recommendations for actions or best practices to7

improve airport ramp worker safety, including the8identification of risks and possible ways to mitigate

9such risks to be considered in any applicable safety

10

management system of air carriers and airports; and11(2) initiate such actions as are necessary to act

12upon the findings of the review.

13(d) TRAINING MATERIALS.—Not later than 6 months

14 after the completion of the safety review required under
15 subsection (a), the Administrator shall develop and pub16 lish training and related educational materials about air17 craft engine ingestion and jet blast hazards for ground18 crews, including supervisory and contract employees, that
19 includes information on—
20
21
22
23

(1) the specific dangers and consequences of entering engine ingestion or jet blast zones;(2) proper protocols to avoid entering an engine
ingestion or jet blast zone; and24(3) on-the-job, instructor-led training to phys-

25

ically demonstrate the engine ingestion zone bound-MUR24306 DVY

S.L.C.

227
1

aries and jet blast zones for each kind of aircraft the2ground crew may encounter.

3(e) CONSULTATION.—In carrying out this section, the4 Administrator shall consult with aviation safety experts,
5 air carriers, aircraft manufacturers, relevant labor organi6 zations, and airport operators.
7(f) TRAINING REQUIREMENTS.—Not later than 6

8 months after the publication of the training and related
9 educational materials required under subsection (d), the
10 Administrator may require any employee of the FAA, as
11 appropriate, to receive the relevant engine ingestion and
12 jet blast zone hazard training before such employee may
13 perform work on any airport ramp.
1415

SEC. 354. VOLUNTARY REPORTING PROTECTIONS.

(a) IN GENERAL.—Section 40123(a) of title 49,

16 United States Code, is amended in the matter preceding
17 paragraph (1)—
18

(1)

by

inserting‘‘,includingsection19552(b)(3)(B) of title 5’’ after ‘‘Notwithstanding any

20other provision of law’’; and21(2) by inserting ‘‘or third party’’ after ‘‘nor any

22

agency’’.

23(b) REVIEW OF PROTECTION FROM DISCLOSURE.—

24 Not later than 180 days after the date of enactment of
25 this Act, the Administrator shall review part 193 of title

MUR24306 DVY

S.L.C.

228
1 14, Code of Federal Regulations, and section 44735 of
2 title 49, United States Code, to ensure such laws and reg3 ulations designate and protect from disclosure information
4 or data submitted, collected, or obtained by the Adminis5 trator under voluntary safety programs, including the fol6 lowing:
7(1) Aviation Safety Action Program.

8(2) Flight Operational Quality Assurance.

9(3) Line Operations Safety Assessments.

10(4) Air Traffic Safety Action Program.

11(5) Technical Operations Safety Action Pro-

12

gram.

13

(6) Such other voluntarily submitted informa-

14tion or programs as the Administrator determines

15

appropriate.

16
17
18

SEC. 355. TOWER MARKING NOTICE OF PROPOSED RULEMAKING.

(a) IN GENERAL.—Not later than 1 year after the

19 date of enactment of this Act, the Administrator shall
20 issue a notice of proposed rulemaking to implement sec21 tion 2110 of the FAA Extension, Safety, and Security Act
22 of 2016 (49 U.S.C. 44718 note).
23(b) REPORT.—If the Administrator fails to issue the

24 notice of proposed rulemaking pursuant to subsection (a),25 the Administrator shall submit to the appropriate commit-

MUR24306 DVY

S.L.C.

229
1 tees of Congress an annual report on the status of such
2 rulemaking, including—34(1) the reasons that the Administrator has
failed to issue the rulemaking; and5(2) a list of fatal aircraft accidents associated6with unmarked towers that have occurred during the7

5-year period preceding the date of submission of8

the report.

9SEC. 356. PROMOTION OF CIVIL AERONAUTICS AND SAFETY

1011

OF AIR COMMERCE.

Section 40104 of title 49, United States Code, is

12 amended—13(1) in subsection (a) by striking ‘‘In carrying

14out’’ and all that follows through ‘‘other interested

15organizations.’’;

16
17
18
19

(2) by redesignating subsection (d) as subsection (e);(3) by redesignating subsection (b) as subsection (d); and20(4) by redesignating subsection (c) as sub-21

section (b) and reordering the subsections accord-

22

ingly.

MUR24306 DVY

S.L.C.

230
1

SEC. 357. EDUCATIONAL AND PROFESSIONAL DEVELOP-

2
3

MENT.

(a) IN GENERAL.—Section 40104 of title 49, United

4 States Code, is amended by inserting after subsection (b)5 (as redesignated by section 356) the following:
67‘‘(c) EDUCATIONAL AND PROFESSIONAL DEVELOPMENT.—

8‘‘(1) IN GENERAL.—In carrying out subsection

9(a), the Administrator shall support and undertake

10

efforts to promote and support the education and11

professional development of current and future aero-

12

space professionals.

13
14
15
16

‘‘(2) EDUCATIONAL MATERIALS.—Based on theavailability of resources, the Administrator shall—‘‘(A) develop and distribute civil aviation
information and educational materials; and17‘‘(B) provide expertise to State and local

18

school administrators, college and university of-

19

ficials, and officers of other interested organiza-

20

tions and entities.

21‘‘(3) CONTENT.—In developing the educational

22

materials under paragraph (2), the Administrator

23

shall ensure such materials, including presentations,24

cover topics of broad relevance, including—2526‘‘(A) ethical decision-making and the responsibilities of aerospace professionals;

MUR24306 DVY

S.L.C.

2311‘‘(B) managing a workforce, encouraging

2

proper reporting of prospective safety issues,3and educating employees on safety management4

systems; and‘‘(C) responsibilities as a designee or rep-5
6

resentative of the Administrator.’’.

7(b) SUPPORT FOR PROFESSIONAL DEVELOPMENT

8AND CONTINUING EDUCATION.—The Administrator may

9 take such action as may be necessary to support or launch
10 initiatives that seek to advance the professional develop11 ment and continuing education of aerospace professionals.
1213SEC. 358. GLOBAL AVIATION SAFETY.

(a) IN GENERAL.—Section 40104(d) of title 49,

14 United States Code, (as redesignated by section 356) is
15 amended—1617(1) in the subsection heading by inserting‘‘AND
ASSISTANCE’’ after ‘‘INTERNATIONAL ROLE’’;18(2) in paragraph (1) by striking ‘‘The Adminis-

19

trator’’ and inserting ‘‘In carrying out subsection

20(a), the Administrator’’;

21
22
23
24

(3) by redesignating paragraph (2) as paragraph (4); and(4) by inserting after paragraph (1) the following:MUR24306 DVY

S.L.C.

2321‘‘(2) INTERNATIONAL PRESENCE.—The Admin-2

istrator shall maintain an international presence3to—‘‘(A) assist foreign civil aviation authorities

4
5
6
7

in—
‘‘(i) establishing robust aviation oversight practices and policies;

8‘‘(ii) harmonizing international avia-

9tion standards for air traffic management,

10

operator certification, aircraft certification,

11

airports, and certificated or credentialed

12

individuals;

13
14‘‘(iii) validating and accepting foreign
aircraft design and production approvals;

15‘‘(iv) preparing for new aviation tech-16

nologies, including powered-lift aircraft,

17

products, and articles; and18‘‘(v) appropriately adopting continuing

19

airworthiness information, such as air-20

worthiness directives;

21‘‘(B) encourage the adoption of United

22

States standards, regulations, and policies;

23‘‘(C) establish, maintain, and update bilat-

24

eral or multilateral aviation safety agreements

MUR24306 DVY

S.L.C.

233
1

and the aviation safety information contained2

within such agreements;

3‘‘(D) engage in bilateral and multilateral

4

discussions as required under paragraph (5)5and provide technical assistance as described in

6paragraph (6);7‘‘(E) validate foreign aviation products and8

ensure reciprocal validation of products for9which the United States is the state of design10

or production;

11‘‘(F) support accident and incident inves-

12

tigations, particularly such investigations that13

involve United States persons and certified

14

products and such investigations where the Na-

15tional Transportation Safety Board is sup-16

porting an investigation pursuant to annex 13

17of the International Civil Aviation Organization;

18‘‘(G) support the international safety ac-

19tivities of the United States aviation sector;

20‘‘(H) maintain valuable relationships with

21

entities with aviation equities, including civil

22

aviation authorities, other governmental bodies,23

non-governmental organizations, and foreign24

manufacturers; andMUR24306 DVY

S.L.C.

234123‘‘(I) perform other activities as determined
necessary by the Administrator.’’.
(b) REVIEW OF INTERNATIONAL FIELD OFFICES.—

4 Section 40104(d) of title 49, United States Code, (as re5 designated by section 356) is further amended by inserting
6 after paragraph (2) the following:
7‘‘(3) INTERNATIONAL

OFFICES.—In

carrying

8

out the responsibilities described in subsection (a),9the Administrator—

10
11
12
13

‘‘(A) shall maintain international offices of
the Administration;‘‘(B) every 5 years, may review existing
international offices to determine—

14‘‘(i) the effectiveness of such offices in

15

fulfilling the mission described in para-

16

graph (2); and17‘‘(ii) the adequacy of resources and18

staffing to achieve the mission described in

19paragraph (2); and20‘‘(C) shall establish offices to address gaps

21

identified by the review under subparagraph22(B) and in furtherance of the mission described23

in paragraph (2), putting an emphasis on estab-24

lishing such offices—MUR24306 DVY

S.L.C.

235‘‘(i) where international civil aviation

1
2

authorities are located;‘‘(ii) where regional intergovernmental

3
4organizations are located;

5‘‘(iii) in countries that have difficulty

6

maintaining a category 1 classification

7

through the International Aviation Safety

8

Assessment program; and9‘‘(iv) in regions that have experienced

10

substantial growth in aviation operations

11

or manufacturing.’’.

12(c) BILATERAL AVIATION SAFETY AGREEMENTS;

13 TECHNICAL ASSISTANCE.—
14(1) ESTABLISHMENT.—Section 40104(d) of

15

title 49, United States Code, (as redesignated by

16

section 356) is further amended by adding at the17

end the following:

18
19
20

‘‘(5) BILATERALAVIATION

SAFETYAGREE-

MENTS.—‘‘(A) IN

GENERAL.—The

Administrator

21

shall negotiate, enter into, promote, enforce,

22

evaluate the effectiveness of, and seek to update

23

bilateral or multilateral aviation safety agree-24

ments, and the parts of such agreements, with

25

international aviation authorities.

MUR24306 DVY

S.L.C.

236
1‘‘(B) PURPOSE.—The Administrator shall2

seek to enter into bilateral aviation safety

3agreements under this section to, at a min-

4

imum—

5

‘‘(i) improve global aviation safety;

6‘‘(ii) increase harmonization of, and7

reduce duplicative, requirements, processes,

8

and approvals to advance the aviation in-

9terests of the United States;

10‘‘(iii) ensure access to international

11

markets for operators, service providers,12

and manufacturers from the United States;

13

and

14

‘‘(iv) put in place procedures for re-15

course when a party to such agreements

16

fails to meet the obligations of such party

17

under such agreements.

18‘‘(C) SCOPE.—The scope of a bilateral

19

aviation safety agreement entered into under

20

this section shall, as appropriate, cover existing

21

aviation users and concepts and establish a

22

process by which bilateral aviation safety agree-

23

ments can be updated to include new and novel

24

concepts on an ongoing basis.

MUR24306 DVY

S.L.C.

2371‘‘(D) CONTENTS.—Bilateral aviation safety2agreements entered into under this section

3

shall, as appropriate and consistent with United

4

States law and regulation, include topics such5as—‘‘(i) airworthiness, certification, and6
7

validation;

8‘‘(ii) maintenance;

9‘‘(iii) operations and pilot training;

10‘‘(iv) airspace access, efficiencies, and11navigation services;12‘‘(v) transport category aircraft;

13‘‘(vi) fixed-wing aircraft, rotorcraft,

14

powered-lift aircraft, products, and arti-

15

cles;

16

‘‘(vii) aerodrome certification;

17‘‘(viii) unmanned aircraft and associ-

18
19
20
21
22
23
24

ated elements of such aircraft;‘‘(ix) flight simulation training devices;‘‘(x) new or emerging technologies andtechnology trends; and‘‘(xi) other topics as determined appropriate by the Administrator.

MUR24306 DVY

S.L.C.

238
1‘‘(E) RULE OF CONSTRUCTION.—Bilateral2

or multilateral aviation safety agreements en-

3

tered into under this subsection shall not be

4

construed to diminish or alter any authority of5

the Administrator under any other provision of

6law.’’.

7(2) TECHNICALASSISTANCE UPDATES.—Sec-

8

tion 40113(e) of title 49, United States Code, is9amended by adding at the end the following:

10‘‘(6) TECHNICALASSISTANCEOUTSIDEOF

11

AGREEMENTS.—In the absence of a bilateral or mul-

12

tilateral agreement, the Administrator may provide

13

technical assistance and training under this sub-14

section if the Administrator determines that—

15‘‘(A) a foreign government would benefit

16

from technical assistance pursuant to this sub-17

section to strengthen aviation safety, efficiency,18

and security; and19‘‘(B) the engagement is to provide inher-

20

ently governmental technical assistance and21

training.

22‘‘(7) INHERENTLY GOVERNMENTAL TECHNICAL23

ASSISTANCE AND TRAINING DEFINED.—In this sub-24

section, the term ‘inherently governmental technicalMUR24306 DVY

S.L.C.

2391

assistance and training’ means technical assistance2

and training that—

3‘‘(A) relies upon or incorporates Federal

4

Aviation Administration-specific program, sys-

5tem, policy, or procedural matters;

6‘‘(B) must be accomplished using agency

7

expertise and authority; and8‘‘(C) relates to—9‘‘(i) international aviation safety as-

10sessment technical reviews and technical11

assistance;

12
13‘‘(ii) aerodrome safety and certification;

14‘‘(iii) aviation system certification ac-

15

tivities based on Federal Aviation Adminis-

16

tration regulations and requirements;

17‘‘(iv) cybersecurity efforts to protect

18

United States aviation ecosystem compo-

19

nents and facilities;

20‘‘(v) operation and maintenance of air

21

navigation system equipment, procedures,

22and personnel; or23‘‘(vi) training and exercises in support

24

of aviation safety, efficiency, and secu-

25

rity.’’.

MUR24306 DVY

S.L.C.

240
1

(3)

2

CRAFT.—In

349, United States Code (as amended by this Act),

4

the Administrator shall ensure coordination with

5

international civil aviation authorities regarding the6establishment of mutual processes for efficient vali-

7

dation, acceptance, and working arrangements of

8certificates and approvals for powered-lift aircraft,

9

products, and articles.

10
11

VALIDATIONOF

POWERED-LIFT

AIR-

carrying out section 40104(d) of title(4) REPORT ON INTERNATIONAL VALIDATIONPROGRAM PERFORMANCE.—

12(A) IN GENERAL.—Not later than 2 years

13

after the date of enactment of this Act, the Sec-

14

retary shall initiate a review to evaluate the15

performance of the type certificate validation

16

program of the FAA under bilateral or multilat-

17

eral aviation safety agreements, with a focus on

18

agreed to implementation procedures.

19(B) CONTENTS.—In conducting the review

20

under subparagraph (A), the Secretary shall21

consider, at minimum, the following:

22(i) Actions taken for the purposes of23

carrying out section 243(a) of the FAA

24

Reauthorization Act of 2018 (49 U.S.C.

25

44701 note).

MUR24306 DVY

S.L.C.

2411(ii) Metrics from validation programs

2

carried out prior to the initiation of such3

review, including the number and types of

4

projects, timeline milestones, and trends

5

relating to the repeated use of non-basic

6

criteria.

7(iii) Training on the minimum stand-8

ards of established validation work plans,

9

including any guidance on the level of in-

10

volvement of the validating authority, es-

11tablished justifications for involvement,

12

and procedures for compliance document

13

requests.

14
15
16
17
18
19

(iv) The perspectives of—(I) FAA employees responsible
for type validation projects;(II) bilateral civil aviation regulatory partners; and(III) industry applicants seeking

20

validation.

21(v) Adequacy of the funding and staff-

22

ing levels of the International Validation

23

Branch of the Compliance and Airworthi-

24

ness Division of the Aircraft Certification

25

Service of the FAA.

MUR24306 DVY

S.L.C.

24212(vi) Effectiveness of FAA training for
FAA employees.

3(vii) Effectiveness of outreach con-4

ducted to improve and enforce validation

5

processes.

6(viii) Efforts undertaken to strength-7

en relationships with international certifi-

8

cation authorities.

9(ix) Number of approvals issued by10other certifying authorities in compliance11with applicable bilateral agreements and12

implementation procedures.

13(C) REPORT.—Not later than 60 days

14

after the completion of the review initiated15

under this subsection, the Administrator shall16

submit to the appropriate committees of Con-

17

gress a report regarding such review.

18(D) DEFINITIONS.—In this paragraph, the19terms ‘‘ODA holder’’ and ‘‘ODA unit’’ have the20meanings given such terms in section 44736(c)21

of title 49, United States Code.

22(d) INTERNATIONAL ENGAGEMENT STRATEGY.—

23 Section 40104(d) of title 49, United States Code, (as re24 designated by section 356) is further amended by adding
25 at the end the following:MUR24306 DVY

S.L.C.

2431‘‘(7) STRATEGIC

PLAN.—The

Administrator

2

shall maintain a strategic plan for the international

3

engagement of the Administration that includes—

4‘‘(A) all elements of the report required

5

under section 243(b) of the FAA Reauthoriza-

6

tion Act of 2018 (49 U.S.C. 44701 note);‘‘(B) measures to fulfill the mission de-

7
8

scribed in paragraph (2);9‘‘(C) initiatives to attain greater expertise

10

among employees of the Federal Aviation Ad-

11ministration in issues related to dispute resolu-

12tion, intellectual property, and expert control

13

laws;

14

‘‘(D) policy regarding the future direction

15

and strategy of the United States engagement

16with the International Civil Aviation Organiza-

17

tion;

18

‘‘(E) procedures for acceptance of manda-

19

tory airworthiness information, such as air-20

worthiness directives, and other safety-related

21

regulatory documents, including procedures to22

implement

23

44701(e)(5);therequirementsofsection24‘‘(F) all factors, including funding and25

resourcing, necessary for the Administration toMUR24306 DVY

S.L.C.

244
1

maintain leadership in the global activities re-2

lated to aviation safety and air transportation;

3‘‘(G) establishment of, and a process to4

regularly track and update, metrics to measure5

the effectiveness of, and foreign civil aviation

6

authority compliance with, bilateral aviation

7

safety agreements; and8‘‘(H) a strategic methodology to facilitate9

the ability of the United States aerospace in-10

dustry to efficiently operate and export new

11

aerospace technologies, products, and articles in

12

key markets globally.’’.

13(e) POWERED-LIFT AIRCRAFT.—In developing the

14 methodology required under section 40104(d)(7)(H) of
15 title 49, United States Code (as added by subsection (d)),
16 the Administrator shall—
17(1) perform an assessment of existing bilateral

18

aviation safety agreements, implementation proce-

19

dures, and other associated bilateral arrangements20

to determine how current and future powered-lift21

products and articles can utilize the most appro-

22

priate validation mechanisms and procedures;

23(2) facilitate global acceptance of the approach24of the FAA to certification of powered-lift aircraft,

25

products, and articles; andMUR24306 DVY

S.L.C.

245123(3) consider any other information determined
appropriated by the Administrator.
SEC. 359. AVAILABILITY OF PERSONNEL FOR INSPECTIONS,

4
5

SITE VISITS, AND TRAINING.

Section 40104 of title 49, United States Code, is fur-

6 ther amended by adding at the end the following:
7‘‘(f) TRAVEL.—The Administrator and the Secretary

8 of Transportation shall, in carrying out the responsibilities
9 described in subsection (a), delegate to the appropriate su10 pervisors of offices of the Administration the ability to au11 thorize the domestic and international travel of relevant
12 personnel who are not in the Federal Aviation Administra13 tion Executive System, without any additional approvals
14 required, for the purposes of—15‘‘(1) promoting aviation safety, aircraft oper-

16

ations, air traffic, airport, unmanned aircraft sys-

17tems, aviation fuels, and other aviation standards,

18

regulations, and initiatives adopted by the United

19

States;20‘‘(2) facilitating the adoption of United States

21

approaches on such aviation standards and rec-22

ommended practices at the International Civil Avia-

23

tion Organization;

MUR24306 DVY

S.L.C.

2461‘‘(3) supporting the acceptance of Administra-

2tion design and production approvals by other civil

3

aviation authorities;

4
5
6
7
8
9
10
11
12
13

‘‘(4) training Administration personnel andtraining provided to other persons;‘‘(5) engaging with regulated entities, including
performing site visits;‘‘(6) activities associated with subsections (c)through (e); and‘‘(7) other activities as determined by the Administrator.’’.
SEC. 360. WILDFIRE SUPPRESSION.

(a) IN GENERAL.—Not later than 18 months after

14 the date of enactment of this Act, to ensure that sufficient
15 firefighting resources are available to suppress wildfires
16 and protect public safety and property, and notwith17 standing any other provision of law or agency regulation,
18 the Administrator shall issue a rule under which—
19

(1)

an

operation

described

insection20

21.25(b)(7) of title 14, Code of Federal Regulations,

21

shall allow for the transport of firefighters to and22from the site of a wildfire to perform ground wildfire

23

suppression and designate the firefighters con-24

ducting such an operation as essential crewmembers

MUR24306 DVY

S.L.C.

247
1

on board a covered aircraft operated on a mission to2

suppress wildfire;3(2) the aircraft maintenance, inspections, and4pilot training requirements under part 135 of such5

title 14 may apply to such an operation, if deter-

6

mined by the Administrator to be necessary to main-

7

tain the safety of firefighters carrying out wildfire

8

suppression missions; and

9(3) the noise standards described in part 36 of

10such title 14 shall not apply to such an operation.

11(b) SURPLUS MILITARY AIRCRAFT.—In issuing a

12 rule under subsection (a), the Administrator may not en13 able any aircraft of a type that has been—
14(1) manufactured in accordance with the re-15

quirements of, and accepted for use by, the armed

16

forces (as defined in section 101 of title 10, United

17

States Code); and18(2) later modified to be used for wildfire sup-19

pression operations.

20(c) CONFORMING AMENDMENTS

21

TO

FAA DOCU-

MENTS.—In issuing a rule under subsection (a), the Ad-

22 ministrator shall revise the order of the FAA titled ‘‘Re23 stricted Category Type Certification’’, issued on February
24 27, 2006 (FAA Order 8110.56), as well as any cor-

MUR24306 DVY

S.L.C.

248
1 responding policy or guidance material, to reflect the re2 quirements of this section.
3(d) SAVINGS PROVISION.—Nothing in this section

4 shall be construed to limit the authority of the Adminis5 trator to take action otherwise authorized by law to pro6 tect aviation safety or passenger safety.
7(e) DEFINITIONS.—In this section:

8(1) COVERED AIRCRAFT.—The term ‘‘covered

9

aircraft’’ means an aircraft type-certificated in the10

restricted category under section 21.25 of title 14,

11

Code of Federal Regulations, used for transporting

12

firefighters to and from the site of a wildfire in

13

order to perform ground wildfire suppression for the

14

purpose of extinguishing a wildfire on behalf of, or

15

pursuant to a contract with, a Federal, State, or

16

local government agency.

17(2) FIREFIGHTERS.—The term ‘‘firefighters’’

18means a trained fire suppression professional the19transport of whom is necessary to accomplish a wild-

20

fire suppression operation.

21
22
23
24

SEC. 361. CONTINUOUS AIRCRAFT TRACKING AND TRANSMISSION FOR HIGH ALTITUDE BALLOONS.

(a) STUDY ON EFFECTS OF HIGH ALTITUDE BALLOONS ON AVIATION SAFETY.—MUR24306 DVY

S.L.C.

249
1(1) IN GENERAL.—Not later than 180 days

2

after the date of enactment of this Act, the Adminis-

3

trator, in coordination with the heads of other rel-4

evant Federal agencies, shall brief the appropriate

5committees of Congress on the effects of high alti-

6

tude balloon operations that do not emit electronic

7

or radio signals for identification purposes and are8launched within the United States and the terri-

9

tories of the United States on aviation safety.

1011(2) CONSIDERATIONS.—In carrying out thissubsection, the Administrator shall consider—

12(A) current technology available and em-

13ployed to track high altitude balloon operations

14

described under paragraph (1);15
16(B) how the flights of such operations haveaffected, or could affect, aviation safety;

17(C) how such operations have contributed,

18

or could contribute, to misidentified threats to19

civil or military aviation operations or infra-

20

structure; and21(D) how such operations have impacted, or

22

could impact, national security and air traffic

23

control operations.

24(b) HIGH ALTITUDE BALLOON TRACKING AVIATION

25 RULEMAKING COMMITTEE.—MUR24306 DVY

S.L.C.

250
1(1) ESTABLISHMENT.—Not later than 180 days

2

after the date of enactment of this Act, the Adminis-

3

trator shall establish an Aviation Rulemaking Com-

4

mittee (in this section referred to as the ‘‘Com-

5

mittee’’) to review and develop findings and rec-6

ommendations to inform a standard for any high al-7

titude balloon to be equipped with a system for con-8

tinuous aircraft tracking that transmits, at a min-9

imum, the altitude, location, and identity of the high10

altitude balloon in a manner that is accessible to air

11traffic controllers and ensures the safe integration of

12high altitude balloons into the national airspace sys-

13

tem.

14

(2) COMPOSITION.—The Committee shall con-15

sist of members appointed by the Administrator, in-16

cluding the following:

17(A) Representatives of industry.

18(B) Aviation safety experts, including ex-

19

perts with specific knowledge—(i) of high altitude balloon operations;

20
21
22

or
(ii) FAA tracking and surveillance23

systems.

24(C) Non-governmental researchers and25

educators.

MUR24306 DVY

S.L.C.

251123(D) Representatives of the Department of
Defense.
(E) Representatives of Federal agencies

4

that conduct high altitude balloon operations.

5(3) REPORT.—Not later than 18 months after6

the date of enactment of this Act, the Committee

7

shall submit to the Administrator a report detailing8

the findings and recommendations developed under9

paragraph (1), including recommendations regarding10

the following:

11(A) How to update sections 91.215,

12

91.225, and 99.13 of title 14, Code of Federal

13

Regulations, to require all high altitude balloons

14

to have a continuous aircraft tracking and

15transmission system.

16(B) Any necessary updates to the require-

17

ments for high altitude balloons under subpart18

D of part 101 of title 14, Code of Federal Reg-19

ulations.

20(C) Any necessary updates to other FAA

21

regulations or requirements deemed appropriate

22

and necessary by the Administrator to—23(i) ensure any high altitude balloon

24

has a continuous aircraft tracking and25

transmission system;MUR24306 DVY

S.L.C.

252
1(ii) ensure all data relating to the alti-

2tude, location, and identity of any high al-3

titude balloon is made available to air traf-

4

fic controllers;

5(iii) determine criteria and provide ap-

6

proval guidance for new equipment that7

provides continuous aircraft tracking and

8transmission for high altitude balloons and9meets the performance requirements de-10

scribed under section 91.225 of title 14,

11

Code of Federal Regulations, including

12

portable, battery-powered Automatic De-

13pendent Surveillance–Broadcast Out equi-

14page; and15(iv) maintain airspace safety.

16(4) USE OF PRIOR WORK.—In developing the17report under paragraph (3), the Committee may

18

make full use of any research, comments, data, find-19

ings, or recommendations made by any prior avia-

20tion rulemaking committee.

21(5) NEWTECHNOLOGIES AND SOLUTIONS.—

22

Nothing in this subsection shall require the Com-23

mittee to develop recommendations requiring equi-

24

page of high altitude balloons with an Automatic25

Dependent Surveillance–Broadcast Out system or anMUR24306 DVY

S.L.C.

2531

air traffic control transponder transmission system,

2or preclude the Committee from making rec-3

ommendations for the adoption of new systems or4

solutions that may require that a high altitude bal-

5

loon be equipped with a system that can transmit,

6

at a minimum, the altitude, location, and identity of7the high altitude balloon.

8(6) BRIEFING.—Not later than 6 months after9

receiving the report required under paragraph (3),10

the Administrator shall brief the appropriate com-11

mittees of Congress on the contents of such report

12

and the status of any recommendation received pur-13

suant to such report.

14(c) DEFINITIONS.—In this section, the term ‘‘high al-

15 titude balloon’’ means a manned or unmanned free balloon
16 operating not less than 18,000 feet above mean sea level.
1718SEC. 362. CABIN AIR SAFETY.

(a) DEADLINE FOR 2018 STUDY ON BLEED AIR.—

19 Not later than 6 months after the date of enactment of
20 this Act, the Administrator shall complete the require21 ments of section 326 of the FAA Reauthorization Act of
22 2018 (49 U.S.C. 40101 note) and submit to the appro23 priate Congressional committees the following:
24
25(1) The completed study required under subsection (c) of such section.

MUR24306 DVY

S.L.C.

254
1(2) The report on the feasibility, efficacy, and2cost-effectiveness of certification and installation of3

systems to evaluate bleed air quality required under

4

subsection (d) of such section.

5(b) REPORTING SYSTEM

FOR

SMOKE

OR

FUME

6 EVENTS ONBOARD COMMERCIAL AIRCRAFT.—
7(1) IN GENERAL.—Not later than 180 days

8

after the date of the enactment of this Act, the Ad-

9ministrator shall develop a standardized submission

10

system for air carrier employees to voluntarily report

11

fume or smoke events onboard passenger-carrying

12

aircraft operating under part 121 of title 14, Code13

of Federal Regulations.

14(2) COLLECTED INFORMATION.—In developing15

the system under paragraph (1), the Administrator

16

shall ensure that the system includes a method for17

submitting information about a smoke or fume event

18

that allows for the collection of the following infor-

19

mation, if applicable:

20
21
22
23

(A) Identification of the flight number,
type, and registration of the aircraft.
(B) The date of the reported fume or
smoke event onboard the aircraft.

MUR24306 DVY

S.L.C.

255
1(C) Description of fumes or smoke in the2aircraft, including the nature, intensity, and3visual consistency or smell (if any).
(D) The location of the fumes or smoke in4
5

the aircraft.
(E) The source (if discernible) of the

6
7

fumes or smoke in the aircraft.
(F) The phase of flight during which

8
9

fumes or smoke first became present.
(G) The duration of the fume or smoke

10
11

event.
(H) Any required onboard medical atten-

1213tion for passengers or crew members.

14(I) Any additional factors as determined15

appropriate by the Administrator or crew mem-16

ber submitting a report.

17(3) GUIDELINES FOR SUBMISSION.—The Ad-

18

ministrator shall issue guidelines on how to submit

19

the information described in paragraph (2).

20(4) CONFIRMATIONOFSUBMISSION.—Upon

21

submitting the information described in paragraph22(2), the submitting party shall receive a duplicate

23

record of the submission and confirmation of receipt.

2425(5) USE
trator—OF

INFORMATION.—The

Adminis-MUR24306 DVY

S.L.C.

2561(A) may not publicly publish any—2(i) information specific to a fume or3

smoke event that is submitted pursuant to4

this section; and5(ii) any information that may be used

6

to identify the party submitting such infor-

7

mation;8(B) may only publicly publish information

9submitted pursuant to this section that has

10been aggregated if—

11
12
13

(i) such information has been validated; and(ii) the availability of such informa-

14tion would improve aviation safety;

15(C) shall maintain a database of such in-16

formation;

17(D) at the request of an air carrier, shall18

provide to such air carrier any information sub-19

mitted pursuant to this section that is relevant20

to such air carrier, except any information that21

may be used to identify the party submitting

22such information;

23(E) may not, without validation, assume

24

that information submitted pursuant to thisMUR24306 DVY

S.L.C.

257
1

section is accurate for the purposes of initiating2

rulemaking or taking an enforcement action;

3(F) may use information submitted pursu-

4

ant to this section to inform the oversight of5

the safety management system of an air carrier;

6

and

7

(G) may use information submitted pursu-

8

ant to this section for the purpose of per-9

forming a study or supporting a study spon-

10

sored by the Administrator.

11(c) NATIONAL ACADEMIES STUDYON

OVERALL

12 CABIN AIR QUALITY.—
13(1) IN GENERAL.—Not later than 3 years after14

the date of enactment of this Act, the Administrator

15

shall seek to enter into the appropriate arrange-

16

ments with the National Academies to conduct a

17

study and issue recommendations to be made pub-18

licly available pertaining to cabin air quality and any

19risk of, and potential for, persistent and accidental

20

fume or smoke events onboard a passenger-carrying

21

aircraft operating under part 121 of title 14, Code22

of Federal Regulations.

23(2) SCOPE.—In carrying out a study pursuant

24

to paragraph (1), the National Academies shall ex-

25

amine—

MUR24306 DVY

S.L.C.

258
1(A) the report issued pursuant to section

2

326 of the FAA Reauthorization Act of 20183

(49 U.S.C. 40101 note) and any identified as-4

sumptions or gaps described in such report;

56(B) the information collected through thesystem established pursuant to subsection (b);7(C) any health risks or impacts of fume or8

smoke events on flight crews, including flight9

attendants and pilots, and passengers onboard

10

aircraft operating under part 121 of title 14,

11

Code of Federal Regulations;

12(D) instances of persistent or regularly oc-

13curring (as determined by the National Acad-

14

emies) fume or smoke events in such aircraft;

15(E) instances of accidental, unexpected, or

16

irregularly occurring (as determined by the Na-17tional Academies) fume or smoke events on

18

such aircraft, including whether such accidental

19

events are more frequent during various phases

20of operations, including ground operations, tax-

21

iing, take off, cruise, and landing;22(F) the air contaminants present during

23

the instances described in subparagraphs (D)24

and (E) and the probable originating materials

25of such air contaminants;

MUR24306 DVY

S.L.C.

259
1(G) the frequencies, durations, and likely

2causes of the instances described in subpara-

3graphs (D) and (E); and4(H) any additional data on fume or smoke

5

events, as determined appropriate by the Na-

6tional Academies.

7(3) RECOMMENDATIONS.—As a part of the8

study conducted under paragraph (1), the National

9

Academies shall provide recommendations—

10(A) that, at minimum, address how to—(i) improve overall cabin air quality of

11
12

passenger-carrying aircraft;

13(ii) improve the detection, accuracy,

14

and reporting of fume or smoke events;

15

and

16

(iii) reduce the frequency and impact

17

of fume or smoke events; and18(B) to establish or update standards,

19

guidelines, or regulations that could help

20

achieve the recommendations described in sub-21

paragraph (A).

22(4) REPORT TO CONGRESS.—Not later than 1

23month after the completion of the study conducted24

under paragraph (1), the Administrator shall submit

25

to the appropriate committees of Congress a copy ofMUR24306 DVY

S.L.C.

260
1

such study and recommendations submitted with2

such study.

3(d) RULEMAKING.—Not later than 1 year after the

4 completion of the study conducted under subsection (c),5 the Administrator may, as appropriate to address the safe6 ty risks identified as a result of the actions taken pursuant
7 to this section, issue a notice of proposed rulemaking to
8 establish requirements for scheduled passenger air carrier
9 operations under part 121 of title 14, Code of Federal
10 Regulations that may include the following:
11(1) Training for flight attendants, pilots, air-12

craft maintenance technicians, airport first respond-

13

ers, and emergency responders on how to respond to14

incidents on aircraft involving fume or smoke events.

15(2) Required actions and procedures for air car-16

riers to take after receiving a report of an incident

17

involving a fume or smoke event in which at least 1

18

passenger or crew member required medical atten-

19tion as a result of such incident.

20(3) Installation onboard aircraft of detectors

21

and other air quality monitoring equipment.

22(e) FUME OR SMOKE EVENT DEFINED.—In this sec-

23 tion, the term ‘‘fume or smoke event’’ means an event in
24 which there is an atypical noticeable or persistent presenceMUR24306 DVY

S.L.C.

261
1 of fumes or air contaminants in the cabin, including, at
2 a minimum, smoke.
3
4
5

SEC. 363. COMMERCIAL AIR TOUR AND SPORT PARACHUTING SAFETY.

(a) SAFETY REQUIREMENTS FOR COMMERCIAL AIR

6 TOUR OPERATORS.—
7(1) SAFETY REFORMS.—

8(A) AUTHORITY

9

COMMERCIAL AIR TOURS.—

TO CONDUCT NONSTOP

10(i) IN GENERAL.—Subject to clause11(ii), beginning on the date that is 2 years

12

after the date a final rule is published pur-13

suant to paragraph (3), no person may

14

conduct commercial air tours unless such15

person either—16(I) holds a certificate identifying

17

the person as an air carrier or com-18

mercial operator under part 119 of

19title 14, Code of Federal Regulations

20and conducts all commercial air tours

21

under the applicable provisions of part22

121 or part 135 of title 14, Code of23

Federal Regulations; or24(II) conducts all commercial air

25

tours pursuant to the requirements

MUR24306 DVY

S.L.C.

2621

established2

under the final rule published pursu-

3

ant to paragraph (3).

4(ii) SMALL BUSINESS EXCEPTION.—

5

The provisions of clause (i) shall not apply

6

to a person who conducts 100 or fewer

7commercial air tours in a calendar year.

8

(B)

9

by

ADDITIONAL

theAdministrator

SAFETYREQUIRE-

MENTS.—

10(i) IN GENERAL.—Not later than 3

11years after the date of enactment of this

12Act, the Administrator shall issue new or13

revised regulations to require a commercial

14

air tour operator seeking to conduct an op-

15

eration with a removed or modified door

16

and a person conducting aerial photog-

17

raphy operations seeking to conduct an op-

18

eration with a removed or modified door to19

receive approval from the Administrator

20

prior to conducting such operation.

21

(ii)

CONDITIONSANDRESTRIC-22

TIONS.—In issuing new or revised regula-

23

tions under clause (i), the Administrator

24

may impose such conditions and restric-

25

tions as determined necessary for safety.

MUR24306 DVY

S.L.C.

263
1

(iii)

CONSIDERATIONS.—In

issuing2

new or revised regulations under clause (i),3the Administrator shall require a commer-

4

cial air tour operator to demonstrate to5

any representative of the FAA, upon re-

6quest, that a pilot authorized to operate

7

such an air tour has received avoidance

8

training for controlled flight into terrain

9

and in-flight loss of control. Such training

10

shall address reducing the risk of accidents

11

involving unintentional flight into instru-

12

ment meteorological conditions to address

13

day, night, and low-visibility environments

14with special attention paid to research

15

available as of the date of enactment of

16

this Act on human factors issues involved

17

in such accidents, including, at a min-

18

imum—

19

(I) specific terrain, weather, and20

infrastructure challenges relevant in21

the local operating environment that22

increase the risk of such accidents;

23(II) pilot decision-making rel-24

evant to the avoidance of instrument

MUR24306 DVY

S.L.C.

2641

meteorological conditions while oper-2

ating under visual flight rules;(III) use of terrain awareness3

displays;

4(IV) spatial disorientation risk

5factors and countermeasures; and67(V) strategies for maintaining

8

control, including the use of auto-9

mated systems.

1011(2) AVIATION RULEMAKING COMMITTEE.—(A)

IN

GENERAL.—The

Administrator

12

shall convene an aviation rulemaking committee

13

to review and develop findings and rec-14

ommendations to increase the safety of com-15

mercial air tours.

16(B) CONSIDERATIONS.—The aviation rule-17

making committee convened under subpara-

18

graph (A) shall consider, at a minimum—

19(i) potential changes to operations

20

regulations or requirements for commercial

21

air tours, including requiring—

22(I) the adoption of pilot training

23

standards that are comparable, as ap-

24

plicable, to the standards under sub-

MUR24306 DVY

S.L.C.

265
1

part H of part 135 of title 14, Code2of Federal Regulations; and3(II) the adoption of maintenance4

standards that are comparable, as ap-

5plicable, to the standards under sub-6

part J of part 135 of title 14, Code7

of Federal Regulations;

8(ii) establishing a performance-based

9standard for flight data monitoring for all

10

commercial air tour operators that reviews11

all available data sources to identify devi-

12

ations from established areas of operation

13

and potential safety issues;

14(iii) requiring all commercial air tour

15

operators to install flight data recording

16

devices capable of supporting collection

17and dissemination of the data incorporated

18

in the Flight Operational Quality Assur-

19

ance Program under section 13.401 of title

20

14, Code of Federal Regulations (or, if an

21

aircraft cannot be retrofitted with such

22

equipment, requiring the commercial air

23

tour operator for such aircraft to collect24

and maintain flight data through alter-

25

native methods);

MUR24306 DVY

S.L.C.

266
1(iv) requiring all commercial air tour

2

operators to implement a flight data moni-3

toring program, such as a Flight Oper-

4

ational Quality Assurance Program;

5(v) establishing methods to provide ef-

6fective terrain awareness and warning; and7(vi) establishing methods to provide

8

effective traffic avoidance in identified

9high-traffic tour areas, such as requiring

10commercial air tour operators that operate

11

within such areas be equipped with an

12

automatic dependent surveillance-broadcast

13out- and in-supported traffic advisory sys-

14

tem that—(I) includes both visual and aural

15
16

alerts;17(II) is driven by an algorithm de-18

signed to eliminate nuisance alerts;

19

and

20

(III) is operational during all

21

flight operations.

22(vii) codifying and uniformly applying

23

Living History Flight Experience exemp-

24tion conditions and limitations.

MUR24306 DVY

S.L.C.

267
1(C)

MEMBERSHIP.—Theaviationrule-2

making committee convened under subpara-

3graph (A) shall consist of members appointed

4by the Administrator, including—5(i) representatives of industry, includ-6

ing manufacturers of aircraft and aircraft

7

technologies;89(ii) air tour operators or organizations
that represent such operators; and10(iii) aviation safety experts with spe-11cific knowledge of safety management sys-

12tems and flight data monitoring programs

13

under part 135 of title 14, Code of Federal

14

Regulations.

15(D) DUTIES.—

16(i) IN GENERAL.—The Administrator

17

shall direct the aviation rulemaking com-18

mittee to make findings and submit rec-19

ommendations regarding each of the mat-20

ters specified in clauses (i) through (vi) of

21

subparagraph (B).

22(ii) CONSIDERATIONS.—In carrying

23

out the duties of the aviation rulemaking

24

committee under clause (i), the Adminis-MUR24306 DVY

S.L.C.

268
1

trator shall direct the aviation rulemaking

2

committee to consider—34(I) recommendations of the National Transportation Safety Board;

5(II) recommendations of previous

6aviation rulemaking committees that

7

reviewed flight data monitoring pro-

8

gram requirements for commercial op-

9

erators under part 135 of title 14,

10

Code of Federal Regulations;

11(III) recommendations from in-

12

dustry safety organizations, including13

the Vertical Aviation Safety Team,14

the General Aviation Joint Safety

15

Committee, and the United States

16

Helicopter Safety Team;

17(IV) scientific data derived from18

a broad range of flight data recording

19

technologies capable of continuously

20transmitting and that support a meas-

21

urable and viable means of assessing

22

data to identify and correct hazardous

23

trends;MUR24306 DVY

S.L.C.

2691(V) appropriate use of data for2

modifying behavior to prevent acci-

3

dents;

4(VI) the need to accommodate

5

technological advancements in flight6

data recording technology;

78(VII) data gathered from aviation safety reporting programs;

9(VIII) appropriate methods to10

provide effective terrain awareness11

and warning system protections while12

mitigating nuisance alerts for aircraft;

13(IX) the need to accommodate

14

the diversity of airworthiness stand-15

ards under part 27 and part 29 of

16

title 14, Code of Federal Regulations;

17(X) the need to accommodate di-18

versity of operations and mission sets;

19(XI) benefits of third-party data

20

analysis for large and small oper-

21

ations;22
23
24(XII) accommodations necessary
for small businesses; and(XIII) other issues, as necessary.

MUR24306 DVY

S.L.C.

270
1(E) REPORTS

AND

REGULATIONS.—Not

2

later than 20 months after the date of enact-3

ment of this Act, the Administrator shall sub-4

mit to the appropriate committees of Congress

5

a report based on the findings of the aviation

6

rulemaking committee.

7(3) RULEMAKING REQUIRED.—

8(A)NOTICEOFPROPOSED

RULE-

9MAKING.—Not later than 1 year after the date10

the Administrator submits a report under para-

11

graph (2)(E), the Administrator shall issue a

12notice of proposed rulemaking establishing in-13

creasing safety regulations for commercial air

14tour operators based on the recommendations

15of the rulemaking committee established under16

paragraph (2).

17(B) CONTENTS.—The notice of proposed

18

rulemaking under subparagraph (A) shall re-19quire, at a minimum—

20(i) the adoption of pilot training

21

standards that are comparable, as applica-

22

ble, to the standards under subpart H of

23

part 135 of title 14, Code of Federal Regu-

24

lations for commercial tour operators;

MUR24306 DVY

S.L.C.

271
(ii)

1

the

adoptionofmaintenance2

standards that are comparable, as applica-3

ble, to the standards under subpart J of

4part 135 of title 14, Code of Federal Regu-

5

lations for commercial tour operators; and6(iii) that beginning on a date deter-

7

mined appropriate by the Administrator, a8helicopter operated by a commercial air

9tour operator be equipped with an ap-

10

proved flight data monitoring system capa-11

ble of recording flight performance data.

12(C) FINAL RULE.—Not later than 2 years

13

after the issuance of a notice of proposed rule-14

making under subparagraph (A), the Adminis-

15

trator shall finalize the rule.

16(b) SAFETY REQUIREMENTS FOR SPORT PARACHUTE

17 OPERATIONS.—
18(1) AVIATION RULEMAKING COMMITTEE.—The

19

Administrator shall convene an aviation rulemaking

20

committee to review and develop findings and rec-21

ommendations to increase the safety of sport para-

22

chute operations.

23(2) CONTENTS.—This aviation rulemaking com-24

mittee convened under paragraph (1) shall consider,25

at a minimum—MUR24306 DVY

S.L.C.

2721(A) potential regulatory action governing2

parachute operations that are conducted in the3

United States and are subject to the require-

4

ments of part 105 of title 14, Code of Federal

5Regulations, to address—

6(i) whether FAA-approved aircraft

7

maintenance and inspection programs that8consider, at a minimum, minimum equip-

9ment standards informed by recommended10

maintenance instructions of engine manu-

11

facturers, such as service bulletins and12service information letters for time between

13

overhauls and component life limits, should

14

be implemented; and15(ii) initial and annual recurrent pilot

16

training and proficiency checks for pilots

17

conducting parachute operations that ad-

18

dress, at a minimum, operation- and air-19

craft-specific weight and balance calcula-

20

tions, preflight inspections, emergency and21

recovery22

egress procedures for each type of aircraft

23

flown; and24(B) the revision of guidance material con-25

tained in the advisory circular of the FAA titledprocedures,

andparachutist

MUR24306 DVY

S.L.C.

273
1‘‘Sport Parachuting’’ (AC 105–2E) to include

2

guidance for parachute operations in imple-

3

menting the FAA-approved aircraft mainte-

4

nance and inspection program and the pilot

5

training and pilot proficiency checking pro-

6

grams required under any new or revised regu-

7

lations; and8(C) the revision of guidance materials

9issued in the order of the FAA titled ‘‘Flight

10

Standards Information Management System’’11(FAA Order 8900.1), to include guidance for12

FAA inspectors who oversee an operation con-13

ducted under—(i) part 91 of title 14, Code of Fed-14

eral Regulations; and1516(ii) an exception specified in section

17

119.1(e) of title 14, Code of Federal Regu-

18

lations.

19(3) MEMBERSHIP.—The aviation rulemaking

20

committee under paragraph (1) shall consist of21

members appointed by the Administrator, includ-

22

ing—

23

(A) representatives of industry, including

24

manufacturers of aircraft and aircraft tech-25

nologies;MUR24306 DVY

S.L.C.

27412(B) parachute operators, or organizations
that represent such operators; and3(C) aviation safety experts with specific4knowledge of safety management systems and5flight data monitoring programs under part 135

6

and part 105 of title 14, Code of Federal Regu-

7

lations.

8(4) DUTIES.—

9

(A)

IN

GENERAL.—The

Administrator

10

shall direct the aviation rulemaking committee

11

to make findings and submit recommendations

12

regarding each of the matters specified in sub-13

paragraphs (A) through (C) of paragraph (2).

14(B) CONSIDERATIONS.—In carrying out its

15

duties under subparagraph (A), the Adminis-

16

trator shall direct the aviation rulemaking com-17

mittee to consider—18(i) findings and recommendations of

19

the National Transportation Safety Board,20

as relevant, and specifically such findings

21

and recommendations related to parachute

22

operations, including the June 21, 2019,23

incident in Mokuleia, Hawaii;

MUR24306 DVY

S.L.C.

275
1(ii) recommendations of previous avia-

2tion rulemaking committees that consid-

3

ered similar issues;

4(iii) recommendations from industry

5

safety organizations, including, at a min-6

imum, the United States Parachute Asso-7

ciation;(iv) appropriate use of data for modi-

8
9fying behavior to prevent accidents;(v) data gathered from aviation safety

1011reporting programs;(vi) the need to accommodate diversity

12
13

of operations and mission sets;(vii) accommodations necessary for

14
15

small businesses; and(viii) other issues as necessary.

16
17
18

(5) REPORTS AND REGULATIONS.—(A) IN

GENERAL.—Notlater than 36

19months after the date of enactment of this Act,

20

the Administrator shall submit to the appro-

21

priate committees of Congress a report based

22on the findings of the aviation rulemaking com-23

mittee.

24
25(B) CONTENTS.—The report under subparagraph (A) shall include—MUR24306 DVY

S.L.C.

276(i) any recommendations submitted by1

the aviation rulemaking committee; and23(ii) any actions the Administrator in-4

tends to initiate, if necessary, as a result

5of such recommendations.

6(c) DEFINITIONS.—In this section:

7(1) AIR CARRIER.—The term ‘‘air carrier’’ has

8

the meaning given such term in section 40102 of

9

title 49, United States Code.

10(2) COMMERCIAL AIR TOUR.—The term ‘‘com-

11

mercial air tour’’ has the meaning given such term

12

in section 136.1 of title 14, Code of Federal Regula-

13

tions.

14(3) COMMERCIAL AIR TOUR OPERATOR.—The

15

term ‘‘commercial air tour operator’’ has the mean-

16

ing given such term in section 136.1 of title 14,17

Code of Federal Regulations.

18(4) PARACHUTE OPERATION.—The term ‘‘para-

19

chute operation’’ has the meaning given such term

20

in section 105.3 of title 14, Code of Federal Regula-

21

tions (or any successor regulation).

22
23

SEC. 364. HAWAII AIR NOISE AND SAFETY TASK FORCE.

(a) PARTICIPATION.—To the extent acceptable to the

24 State of Hawaii, the Administrator shall participate as aMUR24306 DVY

S.L.C.

277
1 technical advisor in the air noise and safety task force es2 tablished by State legislation in the State of Hawaii.
3(b) RULEMAKING.—Not later than 18 months after

4 the date on which the task force described in subsection
5 (a) delivers findings and consensus recommendations to
6 the FAA, the Administrator shall, consistent with main7 taining the safety and efficiency of the national airspace
8 system—
9
10
11
12

(1) issue an intent to proceed with a proposed
rulemaking;(2) take other action sufficient to carry out feasible, consensus recommendations; or

13(3) issue a statement determining that no such

14

rule or other action is warranted, including a de-15

tailed explanation of the rationale for such deter-

16

mination.

17(c) CONSIDERATIONS.—In determining whether to18 proceed with a proposed rulemaking, guidance, or other19 action under subsection (b) and, if applicable, in devel20 oping the proposed rule, guidance, or carrying out the
21 other action, the Administrator shall consider the findings
22 and consensus recommendations of the task force de23 scribed in subsection (a).
24(d) AUTHORITIES.—In issuing the rule, guidance, or

25 carrying out the other action described in subsection (b),MUR24306 DVY

S.L.C.

278
1 the Administrator may take actions in the State of Hawaii
2 to—3(1) provide commercial air tour operators with

4

preferred routes, times, and minimum altitudes for5

the purpose of noise reduction, so long as such rec-6

ommendations do not negatively impact safety condi-

7

tions;

8(2) provide commercial air tour operators with

9

information regarding quiet aircraft technology; and

10(3) establish a method for residents of the State

11

of Hawaii to publicly report noise disruptions due to12commercial air tours and for commercial air tour op-

13

erators to respond to complaints.

14(e) RULE OF CONSTRUCTION.—Nothing in this sec-

15 tion shall be construed as providing the Administrator
16 with authority to ban commercial air tour flights in the
17 State of Hawaii for the purposes of noise reduction.
18(f) DEFINITIONS.—In this section:

19(1) COMMERCIAL AIR TOUR.—The term ‘‘com-

20

mercial air tour’’ has the meaning given such term

21

in section 136.1 of title 14, Code of Federal Regula-

22

tions.

23(2) COMMERCIAL AIR TOUR OPERATOR.—The24

term ‘‘commercial air tour operator’’ has the mean-

MUR24306 DVY

S.L.C.

279
1

ing given such term in section 136.1 of title 14,2

Code of Federal Regulations.

3
4
5

SEC. 365. MODERNIZATION AND IMPROVEMENTS TO AIRCRAFT EVACUATION.

(a) STUDY.—

6(1) IN GENERAL.—Not later than 1 year after7

the date of enactment of this Act, the Administrator

8

shall conduct a study on improvements to the safety

9and efficiency of evacuation standards for manufac-

10

turers and carriers of transport category airplanes,11

as described in parts 25 and 121 of title 14, Code12

of Federal Regulations.

13(2) CONTENTS.—

1415(A) REQUIREMENTS.—The study required
under paragraph (1) shall include—

16(i) a prospective risk analysis, as well17

as an evaluation of relevant past incidents

18with respect to evacuation safety and evac-

19

uation standards;

20(ii) an assessment of the evacuation

21

testing procedures described in section

22

25.803 of such title 14, as well as rec-23

ommendations for how to revise such test-24

ing procedures to ensure that the testing

25

procedures assess, in a safe manner, theMUR24306 DVY

S.L.C.

2801

ability of passengers with disabilities, in-2

cluding passengers who use wheelchairs or3other mobility assistive devices, to safely

4and efficiently evacuate an aircraft;5(iii) an assessment of the evacuation

6

demonstration

procedures

described

in7such part 121, as well as recommendations

8

for how to improve such demonstration

9

procedures to ensure that the demonstra-

10tion procedures assess, in a safe manner,

11

the ability of passengers with disabilities,

12

including passengers who use wheelchairs

13

or other mobility assistive devices, to safely

14

and efficiently evacuate an aircraft;

15(iv) the research proposed in National

16

Transportation Safety Board Safety Rec-17

ommendation A–18–009; and18(v) any other analysis determined ap-

19

propriate by the Administrator.

20(B) CONSIDERATIONS.—In conducting the21

study under paragraph (1), the Administrator

22

shall assess the following:

23(i) The ability of passengers of dif-24

ferent ages (including infants, children,

MUR24306 DVY

S.L.C.

281
1

and senior citizens) to safely and efficiently

2

evacuate a transport category airplane.

3(ii) The ability of passengers of dif-4

ferent heights and weights to safely and ef-

5ficiently evacuate a transport category air-6

plane.

7(iii) The ability of passengers with8

disabilities to safely and efficiently evac-

9uate a transport category airplane.

10(iv) The ability of passengers who

11

cannot speak, have difficulty speaking, use

12synthetic speech, or are non-vocal or non-13

verbal to safely and efficiently evacuate a14transport category airplane.

15(v) The ability of passengers who do

16

not speak English to safely and efficiently

17

evacuate a transport category airplane.

18(vi) The impact of the presence of19

carry-on luggage and personal items (such20

as a purse, briefcase, laptop, or backpack)21

on the ability of passengers to safely and22

efficiently evacuate a transport category

23

airplane.

24(vii) The impact of seat size and pas-

25

senger seating space and pitch on the abil-MUR24306 DVY

S.L.C.

2821

ity of passengers to safely and efficiently

2

evacuate a transport category airplane.

3(viii) The impact of seats and other4

obstacles in the pathway to the exit open-

5

ing from the nearest aisle on the ability of

6

passengers to safely and efficiently evac-

7

uate a transport category airplane.

8(ix) With respect to aircraft with par-9

allel longitudinal aisles, the impact of seat10

pods or other seating configurations that11

block access between such aisles within a12cabin on the ability of passengers to safely

13

and efficiently evacuate a transport cat-

14

egory airplane.

15(x) The impact of passenger load on

16

the ability of passengers to safely and effi-

17

ciently evacuate a transport category air-18

plane.

19(xi) The impact of animals approved20

to accompany a passenger, including serv-

21

ice animals, on the ability of passengers to22safely and efficiently evacuate a transport

23

category airplane.

2425(xii) Whether an applicant for a typecertificate(asdefinedinsectionMUR24306 DVY

S.L.C.

283
144704(e)(7) of title 49, United States2Code) should be required to demonstrate3compliance with FAA emergency evacu-

4

ation regulations (as described in section

525.803 and Appendix J of part 25 of title

6

14, Code of Federal Regulations) through7

live testing in any case in which the Ad-

8ministrator determines that the new air-9

craft design is significant.

10(xiii) Any other factor determined ap-

11

propriate by the Administrator.

12(C) DEFINITIONS.—In this paragraph:

13

(i)

PASSENGER

LOAD.—The

term

14

‘‘passenger load’’ means the number of

15

passengers relative to the number of seats16

onboard the aircraft.

17

(ii)

PASSENGERSWITHDISABIL-18

ITIES.—The term ‘‘passengers with disabil-

19

ities’’ means any qualified individual with20

a disability, as defined in section 382.3 of21

title 14, Code of Federal Regulations.

2223(b) AVIATION RULEMAKING COMMITTEE FOR EVACUATION STANDARDS.—

24(1) IN GENERAL.—Not later than 180 days

25

after the completion of the study conducted underMUR24306 DVY

S.L.C.

284
1

subsection (a), the Administrator shall establish an

2aviation rulemaking committee (in this section re-3

ferred to as the ‘‘Committee’’) to—4(A) review the findings of the study; and5(B) develop and submit to the Adminis-

6

trator recommendations regarding improve-7

ments to the evacuation standards described in

8parts 25 and 121 of title 14, Code of Federal

9Regulations.

10(2) COMPOSITION.—The Committee shall con-11

sist of members appointed by the Administrator, in-12cluding the following:

13(A) Representatives of industry.

14(B) Representatives of aviation labor orga-

15

nizations.

16(C) Aviation safety experts with specific17knowledge of the evacuation standards and re-18

quirements under such parts 25 and 121.

19(D) Representatives of individuals with dis-20

abilities with specific knowledge of accessibility

21

standards regarding evacuations in emergency

22

circumstances.

23
24
25

(E) Representatives of the senior citizen
community.
(F) Representatives of pediatricians.

MUR24306 DVY

S.L.C.

285
1(3) CONSIDERATIONS.—In reviewing the find-2

ings of the study conducted under subsection (a)3and developing recommendations regarding the im-4

provement of the evacuation standards under sub-5

section (b)(1)(B), the Committee shall consider the6following:

7(A) The recommendations made by any

8prior aviation rulemaking committee regarding9

the evacuation standards described in such

10parts 25 and 121.
(B) Scientific data derived from the study

11
12

conducted under subsection (a).
(C) Any data gathered from aviation safety

13
14reporting programs.
(D) The cost-benefit analysis and risk

15
16

analysis of any recommended standards.
(E) Any other item determined appropriate

17
18
19

by the Committee.
(c) REPORT TO CONGRESS.—Not later than 180 days

20 after the date on which the Committee submits to the Ad21 ministrator

therecommendations

undersubsection

22 (b)(1)(B), the Administrator shall submit to the appro23 priate committees of Congress a report on—
2425(1) the findings of the study conducted undersubsection (a);MUR24306 DVY

S.L.C.

286
123(2) the recommendations of the Committee
under subsection (b)(1)(B); and(3) the Administrator’s plan, if any, to imple-

4

ment such recommendations.

5(d) RULEMAKING.—Not later than 90 days after sub-

6 mitting to Congress the report under subsection (c), the7 Administrator shall issue a notice of proposed rulemaking
8 to implement the recommendations of the Committee that
9 the Administrator considers appropriate.
10

SEC. 366. 25-HOUR COCKPIT VOICE RECORDER.

11(a) IN GENERAL.—

12(1) COCKPITVOICE RECORDER FOR NEWLYAIRCRAFT.—Acovered operator

13

MANUFACTURED

14

may not operate a covered aircraft manufactured

15

later than the date that is 1 year after the date of

16

enactment of this Act that is not equipped with a17

cockpit voice recorder set to record the most recent

18

25 hours of data.

19(2) COCKPIT VOICE RECORDER FOR COVERED20

AIRCRAFT.—Not later than 6 years after the date of21

enactment of this Act, a covered operator may not

22

operate a covered aircraft that is not equipped with23

a cockpit voice recorder set to record the most re-24

cent 25 hours of data.

MUR24306 DVY

S.L.C.

287
1(b) PROHIBITED USE.—The Administrator or any

2 covered operator may not use a cockpit voice recorder re3 cording for a certificate action, civil penalty, or discipli4 nary proceedings against a flight crewmember.
5(c) RULEMAKING.—Not later than 3 years after the

6 date of enactment of this Act, the Administrator shall up7 date applicable regulations, as necessary, to implement the
8 requirements of this section.
9(d) LIMITATIONS.—The Administrator shall ensure

10 that the rulemaking described in subsection (c), to the
11 greatest extent practicable, contains such provisions as
12 may be necessary to ensure that any data from a cockpit
13 voice recorder—
14
15(1) is protected from unlawful or unauthorized
disclosure to the public;16(2) is used exclusively by a Federal agency or

17

a foreign accident investigative agency for a criminal

18

investigation, aircraft accident, or aircraft incident

19

investigation; and20(3) is not deliberately erased or tampered with21

following a National Transportation Safety Board

22

reportable event under part 830 of title 49, Code of23

Federal Regulations, for which civil and criminal

24

penalties may be assessed in accordance with section

MUR24306 DVY

S.L.C.

288
11155 of title 49, United States Code, and section 32

2

of title 18, United States Code.

3(e) CONSIDERATION.—In conducting the rulemaking

4 under subsection (c), the Administrator shall consider the
5 recommendations of the Investigative Technologies avia6 tion rulemaking committee regarding cockpit voice record7 ers set to record the most recent 25 hours of data.
8(f) SAVINGS CLAUSE.—Nothing in subsections (c)9 through (e) shall be construed as rescoping, constraining,
10 or otherwise mandating delays to FAA actions in the no11 tice of proposed rulemaking titled ‘‘25–Hour Cockpit
12 Voice Recorder (CVR) Requirements, New Aircraft Pro13 duction’’, issued on December 4, 2023 (88 Fed. Reg.
14 84090).
15(g) RULE OF CONSTRUCTION.—Nothing in this sec-

16 tion shall be construed to affect—
17(1) the confidentiality of recording and tran-

18

scripts under section 1114(c) of title 49, United

19

States Code;20(2) the band on recording for civil penalty or

21

certificate under section 121.359(h) of title 14, Code22

of Federal Regulations; or23(3) the prohibition against use of data from24

flight operational quality assurance programs for en-MUR24306 DVY

S.L.C.

289
1

forcement purposes under section 13.401 of title 14,2

Code of Federal Regulations.

3(h) DEFINITIONS.—In this section:45(1) COVERED AIRCRAFT.—The term ‘‘covered
aircraft’’ means—

6(A) an aircraft operated by an air carrier

7

under part 121 of title 14, Code of Federal

8

Regulations; or

9(B) a transport category aircraft designed

10

for operations by an air carrier or foreign air

11carrier type-certificated with a passenger seat-12

ing capacity of 30 or more or an all-cargo or

13

combi derivative of such an aircraft.

14(2) COVERED OPERATOR.—The term ‘‘covered

15

operator’’ means the operator of a covered aircraft.

16

SEC. 367. SENSE OF CONGRESS REGARDING MANDATED

17

CONTENTS OF ONBOARD EMERGENCY MED-

18

ICAL KITS.

19

It is the sense of Congress that—20(1) a regularly scheduled panel of experts

21

should reexamine and provide an updated list of

22

mandated contents of onboard emergency medical

23

kits that is thorough and practical, keeping pas-

24

senger safety and well-being paramount; andMUR24306 DVY

S.L.C.

2901(2) such panel should consider including on the2list of mandated contents of such medical kits, at a3

minimum, opioid overdose reversal medication.

4

SEC. 368. PASSENGER AIRCRAFT FIRST AID AND EMER-

5

GENCY

6

TRAINING.

7

MEDICALKIT

EQUIPMENTAND(a) IN GENERAL.—Not later than 2 years after the

8 date of enactment of this Act, the Administrator shall
9 issue a notice of proposed rulemaking regarding first aid
10 and emergency medical kit equipment and training re11 quired for flight crewmembers, as provided in part 121
12 of title 14, Code of Federal Regulations, applicable to all
13 certificate holders operating passenger aircraft under such
14 part.
15(b) CONSIDERATIONS.—In carrying out subsection

16 (a), the Administrator shall consider—17(1) the benefits and costs (including the costs

18of flight diversions and emergency landings) of re-19

quiring any new medications or equipment necessary

20

to be included in approved emergency medical kits;

21(2) whether the contents of the emergency med-22

ical kits include, at a minimum, appropriate medica-

23

tions and equipment that can practicably be admin-

24

istered to address—

MUR24306 DVY

S.L.C.

29112(A) the emergency medical needs of children and pregnant women;

3(B) opioid overdose reversal;

4(C) anaphylaxis; and5(D) cardiac arrest;

6(3) what contents of the emergency medical kits

7should be readily available, to the extent practicable,

8

for use by flight crews without prior approval by a9

medical professional.

10(c) REGULAR REVIEW.—Not later than 5 years after

11 the issuance of the final rule under subsection (a), and12 every 5 years thereafter, the Administrator shall evaluate
13 and revise, if appropriate—
14(1) the first aid and emergency medical kit

15

equipment and training required for flight crew-

16

members; and17(2) any required training for flight crew-

18

members regarding the content, location, and func-

19

tion of such kit.

20
21

SEC. 369. INTERNATIONAL AVIATION SAFETY ASSESSMENT
PROGRAM.

22(a) AVIATION SAFETY OVERSIGHT MEASURES CAR-

23

RIED OUT BY FOREIGN COUNTRIES.—Chapter 447 of title

24 49, United States Code, is further amended by adding at
25 the end the following:MUR24306 DVY

S.L.C.

292
1 ‘‘§ 44747. Aviation safety oversight measures carried2
3

out by foreign countries‘‘(a) ASSESSMENT.—

4‘‘(1) IN GENERAL.—On a regular basis, the Ad-

5ministrator, in consultation with the Secretary of

6

Transportation and the Secretary of State, shall as-

7

sess aviation safety oversight measures carried out

8by any foreign country—

9‘‘(A) from which a foreign air carrier is10

conducting foreign air transportation to and11from the United States;

12‘‘(B) from which a foreign air carrier seeks

13

to conduct foreign air transportation to and

14from the United States;

15‘‘(C) whose air carriers carry or seek to16carry the code of a United States air carrier; or17‘‘(D) as determined appropriate by the Ad-

18

ministrator.

19‘‘(2) CONSULTATION AND CRITERIA.—In con-20

ducting an assessment described in paragraph (1),21

the Administrator shall—

22‘‘(A) consult with the appropriate authori-

23

ties of the government of the foreign country;

24‘‘(B) determine the efficacy with which

25

such foreign country carries out and complies

MUR24306 DVY

S.L.C.

293
1with its aviation safety oversight responsibilities

2

consistent with—

3‘‘(i) the Convention on International

4

Civil Aviation (in this section referred to as5

the ‘Chicago Convention’);6‘‘(ii)

international

7

standards; andaviationsafety8‘‘(iii) recommended practices set forth

9by the International Civil Aviation Organi-

10

zation;11‘‘(C) use a standard approach and method-

12

ology that will result in an analysis of the avia-

13

tion safety oversight activities of such foreign

14

country that are carried out to meet the min-15

imum standards contained in Annexes 1, 6, and16

8 to the Chicago Convention in effect on the17date of the assessment, or any such successor

18

documents; and19‘‘(D) identify instances of noncompliance20

pertaining to the aviation safety oversight ac-

21

tivities of such foreign country consistent with22

the Chicago Convention, international aviation

23

safety standards, and recommended practices

24

set forth by the International Civil Aviation Or-

25

ganization.

MUR24306 DVY

S.L.C.

294
1‘‘(3) FINDINGS OF NONCOMPLIANCE.—In any

2case in which the assessment described in subsection

3(a)(1) finds an instance of non-compliance, the Ad-

4ministrator shall—‘‘(A) notify the foreign country that is the5subject of such finding;67‘‘(B) not later than 90 days after trans-8

mission of such notification, request and initiate

9

final discussions with the foreign country to

10

recommend actions by which the foreign coun-11

try can mitigate the noncompliance; and‘‘(C) after the discussions described in sub-12
13

paragraph14

whether or not the noncompliance finding has

15

been corrected;

16

(B)

have

concluded,

determine‘‘(b) UNCORRECTED NON-COMPLIANCE.—If the Ad-

17 ministrator finds that such foreign country has not cor18 rected the non-compliance by the close of such final discus19 sions—20‘‘(1) the Administrator shall notify the Sec-21

retary of Transportation and the Secretary of State

22

that the condition of noncompliance remains;

23‘‘(2) the Administrator, after consulting with

24

informing the Secretary of Transportation and theMUR24306 DVY

S.L.C.

295
1

Secretary of State, shall notify the foreign country

2of such finding; and3‘‘(3) notwithstanding section 40105(b), the Ad-

4ministrator, after consulting with the appropriate

5

civil aviation authority of such foreign country and6

notifying the Secretary of Transportation and the7

Secretary of State, may withhold, revoke, or pre-8

scribe conditions on the operating authority of a for-9eign air carrier that—

10‘‘(A) provides or seeks to provide foreign

11

air transportation to and from the United

12

States; or

13
14
15

‘‘(B) carries or seeks to carry the code ofan air carrier.
‘‘(c) AUTHORITY.—Notwithstanding subsections (a)16 and (b), the Administrator retains the ability to take im17 mediate safety oversight actions if the Administrator, in
18 consultation with the Secretary of Transportation and the
19 Secretary of State, as needed, determines that a condition
20 exists that threatens the safety of passengers, aircraft, or
21 crew traveling to or from such foreign country. In this22 event that the Administrator makes a determination under
23 this subsection, the Administrator shall immediately notify
24 the Secretary of State of such determination so that theMUR24306 DVY

S.L.C.

296
1 Secretary of State may issue a travel advisory with respect
2 to such foreign country.
3‘‘(d) PUBLIC NOTIFICATION.—

4‘‘(1) IN GENERAL.—In any case in which the5Administrator provides notification to a foreign

6

country under subsection (b)(2), the Administrator

7

shall—

8‘‘(A) recommend the actions necessary to

9bring such foreign country into compliance with10

the international standards contained in the

11

Chicago Convention;

12‘‘(B) publish the identity of such foreign

13

country on the website of the FAA, in the Fed-14

eral Register, and through other mediums ap-

15

propriate to provide notice to the public; and16‘‘(C) brief the Committee on Transpor-

17

tation and Infrastructure of the House of Rep-

18

resentatives and the Committee on Commerce,

19

Science, and Transportation of the Senate on

20

the identity of such foreign country and a sum-21

mary of any critical safety information resulting

22

from an assessment described in subsection

23(a)(1).

24‘‘(2) COMPLIANCE.—If the Administrator finds

25

that a foreign country subsequently corrects all out-

MUR24306 DVY

S.L.C.

297
1standing noncompliances, the Administrator, after2

consulting with the appropriate civil aviation author-

3

ity of such foreign country and notifying the Sec-4

retary of Transportation and the Secretary of State,

5

shall take actions as necessary to ensure the updated

6

compliance status is reflected, including in the medi-

7

ums invoked in paragraph (1)(B).

8‘‘(e) ACCURACY OF THE IASA LIST.—A foreign

9 country that does not have foreign air carrier activity, as
10 described in subsection (a)(1), for an extended period of
11 time, as determined by the Administrator, shall be re12 moved for inactivity from the public listings described in
13 subsection (d)(1)(B), after informing the Secretary of
14 Transportation and the Secretary of State.
15‘‘(f) CONSISTENCY.—

16‘‘(1) IN GENERAL.—The Administration shall17

use data, tools, and methods that ensure trans-

18

parency and repeatability of assessments conducted19

under this section.

20‘‘(2) TRAINING.—The Administrator shall en-

21

sure that Administration personnel are properly and22adequately trained to carry out the assessments set

23

forth in this section, including with respect to the24

standards, methodology, and material used to make25

determinations under this section.’’.

MUR24306 DVY

S.L.C.

298
1(b) REPORT TO CONGRESS.—Not later than 2 years

2 after the date of enactment of this Act, and annually
3 thereafter through 2028, the Administrator shall submit
4 to the appropriate committees of Congress a report on the
5 assessments conducted under the amendments made by
6 this section, including the results of any corrective actions
7 taken by noncompliant foreign countries.
8(c) CLERICAL AMENDMENT.—The analysis for chap-

9 ter 447 of title 49, United States Code, is further amend10 ed by adding at the end the following:‘‘44747. Aviation safety oversight measures carried out by foreign countries.’’.

11
12

SEC. 370. WHISTLEBLOWER PROTECTION ENFORCEMENT.

Section 42121(b) of title 49, United States Code, is

13 amended—
14(1) in the subsection heading by striking ‘‘DE-

15

PARTMENT OF LABOR COMPLAINT PROCEDURE’’ and16

inserting ‘‘DEPARTMENT OF LABOR AND FEDERAL

17

AVIATION

18

DURE’’; and

19
20
21

ADMINISTRATIONCOMPLAINTPROCE-(2) by striking paragraph (5) and inserting thefollowing:‘‘(5) ENFORCEMENTOFORDER.—Whenever22

any person has failed to comply with an order issued

23

under paragraph (3), the Secretary of Labor and the24Administrator of the Federal Aviation Administra-MUR24306 DVY

S.L.C.

299
1

tion shall consult with each other to determine the2most appropriate action to be taken, in which—

3‘‘(A) the Secretary of Labor may file a4

civil action in the United States district court

5

for the district in which the violation was found6

to occur to enforce such order, for which, in ac-

7

tions brought under this paragraph, the district

8

courts shall have jurisdiction to grant all appro-

9

priate relief including, injunctive relief and com-10

pensatory damages; and11‘‘(B) the Administrator of the Federal

12

Aviation Administration may assess a civil pen-

13

alty pursuant to section 46301.’’.

14

SEC. 371. CIVIL PENALTIES FOR WHISTLEBLOWER PROTEC-

15
16

TION PROGRAM VIOLATIONS.

Section 46301(d)(2) of title 49, United States Code,17 is amended by inserting ‘‘section 42121,’’ before ‘‘chapter
18 441’’.
19

SEC. 372. ENHANCED QUALIFICATION PROGRAM FOR RE-

20

STRICTED AIRLINE TRANSPORT PILOT CER-

21

TIFICATE.

22(a) PROGRAM.—23(1) IN GENERAL.—Not later than 6 months

24

after the date of enactment of this Act, the Adminis-

25

trator shall establish the requirements for a programMUR24306 DVY

S.L.C.

300
1

to be known as the Enhanced Qualification Program2(in this section referred to as the ‘‘Program’’) under

3

which—

4(A) qualified air carriers are certified by5

the Administrator to provide enhanced training

6

for eligible pilots seeking to obtain restricted

7

airline transport certificates, either directly by

8

the air carrier or by a certified training institu-

9tion under part 141 or part 142 of title 14,

10

Code of Federal Regulations, that is under con-11

tract with the qualified air carrier; and

12(B) qualified instructors and evaluators

13

provide enhanced training to eligible pilots pur-14

suant to the curriculum requirements under

15

paragraph (4).

16

(2)

17
18
19
20

QUALIFIEDINSTRUCTORS

AND

EVAL-

UATORS.—Under the Program—(A) all testing and training shall be performed by qualified instructors; and(B) all evaluations shall be performed by

21

qualified evaluators.

22(3) PILOT ASSESSMENT.—Under the Program,23

the Administrator shall establish guidelines for an24

assessment that prospective pilots are required to25

pass in order to participate in the training under theMUR24306 DVY

S.L.C.

301
1

Program. Such assessment shall include an evalua-

2tion of the pilot’s aptitude, ability, and readiness for

3

operation of transport category aircraft.

4(4) PROGRAM CURRICULUM.—Under the Pro-

5

gram, the Administrator shall establish requirements

6

for the curriculum to be provided under the Pro-

7

gram. Such curriculum shall include—

8(A) a nationally standardized, non-air car-9rier or aircraft-specific training curriculum

10

which shall—

11(i) ensure prospective pilots have ap-

12

propriate knowledge at the commercial

13

pilot certificate, multi-engine rating, and14

instrument rating level;

1516(ii) introduce the pilots to concepts
associated with air carrier operations;

17(iii) meet all requirements for an ATP

18

Certification Training Program under part19

61.156 or part 142 of title 14, Code of20

Federal Regulations; and21(iv) include a course of instruction de-22

signed to prepare the prospective pilot to23

take the ATP Multiengine Airplane Knowl-

24edge Test;

MUR24306 DVY

S.L.C.

302
1

(B)

an

aircraft-specifictrainingcur-

2

riculum, developed by the air carrier using ob-3

jectives and learning standards developed by the4Administrator, which shall—5(i) only be administered to prospective

6

pilots who have completed the require-

7

ments under subparagraph (A);8(ii) resemble a type rating training

9

curriculum that includes aircraft ground10

and flight training that culminates in—

11(I) the completion of a maneu-

12vers evaluation that incorporates ele-

13

ments of a type rating practical test;

14

or

15

(II) at the discretion of the air

16carrier, an actual type rating practical

17

test resulting in the issuance of a type18

rating for the specific aircraft; and19(iii) ensure the prospective pilot has

20

an adequate understanding and working

21

knowledge of transport category aircraft

22

automation and autoflight systems; and23(C) air carrier-specific procedures using

24

objectives and learning standards developed by

25

the Administrator to further expand on the con-

MUR24306 DVY

S.L.C.

303
1

cepts described in subparagraphs (A) and (B),2which shall—

3(i) only be administered to prospective

4

pilots who have completed requirements

5

under subparagraphs (A) and (B) and an

6

ATP

7

Test;

Multiengine

Airplane

Knowledge

8(ii) include instructions on air carrier

9checklist usage and standard operating

10

procedures; and11(iii) integrate aircraft-specific training

12

in appropriate flight simulation training

13

devices representing the specific aircraft

14

type, including complete crew resource15

management and scenario-based training.

16(5) APPLICATION AND CERTIFICATION.—Under

17

the Program, the Administrator shall establish a

18

process for air carriers to apply for training program

19

certification. Such process shall include a review to20

ensure that the training provided by the air carrier

21

will meet the requirements of this section, includ-

22

ing—

23
24

(A) the assessment requirements underparagraph (3);MUR24306 DVY

S.L.C.

304(B) the curriculum requirements under

1
2

paragraph (4);(C) the requirements for qualified instruc-3
4

tors under subsection (d)(5); and(D) the requirements for eligible pilots

5
6

under subsection (d)(2).

7(6) DATA.—Under the Program, the Adminis-

8

trator shall require that each qualified air carrier

9

participating in the Program collect and submit to10

the Administrator such data from the Program that11

the Administrator determines is appropriate for the12

Administrator to provide for oversight of the Pro-

13

gram.

14

(7) REGULAR

INSPECTION.—Under

the Pro-15

gram, the Administrator shall provide for the reg-

16

ular inspection of qualified air carriers certified

17

under paragraph (5) to ensure that the air carrier

18

continues to meet the requirements under the Pro-

19

gram.

20

(b) REGULATIONS.—The Administrator may issue

21 regulations or guidance as determined necessary to carry
22 out the Program.
23(c) CLARIFICATION REGARDING REQUIRED FLIGHT

24 HOURS.—The provisions of this section shall have no ef25 fect on the total flight hours required under part 61.159

MUR24306 DVY

S.L.C.

305
1 of title 14, Code of Federal Regulations, to receive an air2 line transport pilot certificate, or the Administrator’s au3 thority under section 217(d) of the Airline Safety and
4 Federal Aviation Administration Extension Act of 2010
5 (49 U.S.C. 44701 note) (as in effect on the date of enact6 ment of this section).
7(d) DEFINITIONS.—In this section:

8(1) AIR CARRIER.—The term ‘‘air carrier’’ has

9

the meaning given that term in section 40102 of

10

title 49, United States Code.

11(2) ELIGIBLE PILOT.—The term ‘‘eligible pilot’’

12

means a pilot that—

13(A) has—14(i) graduated from a United States

15

Armed Forces undergraduate pilot training

16

school;17(ii) obtained a degree with an aviation

18

major from an institution of higher edu-

19

cation (as defined in part 61.1 of title 14,20

Code of Federal Regulations) that has

21

been issued a letter of authorization by the22

Administrator under part 61.169 of such

23

title 14; or24(iii) completed flight and ground25

training for a commercial pilot certificate

MUR24306 DVY

S.L.C.

306
1

in the airplane category and an airplane2

instrument rating at a certified training in-3

stitution under part 141 of such title 14;

4(B) has a current commercial pilot certifi-

5cate under part 61.123 of such title 14, with6

airplane category multi-engine and instrument

7

ratings under part 61.129 of such title 14; and8(C) meets the pilot assessment require-9

ments under subsection (a)(3).

10

(3)

QUALIFIEDAIRCARRIER.—The

term

11

‘‘qualified air carrier’’ means an air carrier that has

12been issued a part 119 operating certificate for con-13

ducting operations under part 121 of title 14, Code14

of Federal Regulations.

15(4) QUALIFIED EVALUATOR.—The term ‘‘quali-

16

fied evaluator’’ means an individual that meets the17

requirements for a training center evaluator under18

part 142.55 of title 14, Code of Federal Regulations,19

or for check airmen under part 121.411 of such

20

title.

21
22(5)

QUALIFIEDINSTRUCTOR.—The

term‘‘qualified instructor’’ means an individual that—

23(A) is qualified in accordance with the24minimum training requirements for an ATP

25

Certification Training Program under para-MUR24306 DVY

S.L.C.

307
1

graphs (1) through (3) of part 121.410(b) of

2

title 14, Code of Federal Regulations;(B) if the instructor is a flight instructor,

3
4

is

qualifiedinaccordance

5

121.410(b)(4) of such title;

with

part

6

(C) if the instructor is administering type7

rating practical tests, is qualified as an appro-

8

priate examiner for such rating;

9(D) received training in threat and error

10

management, facilitation, and risk mitigation

11

determined appropriate by the Administrator;

12

and

13

(E) meets any other requirement deter-

14

mined appropriate by the Administrator.

15

Subtitle B—Aviation Cybersecurity

16

SEC. 391. FINDINGS.

17

Congress finds the following:

18(1) Congress has tasked the FAA with respon-

19

sibility for securing the national airspace system, in-20

cluding the air traffic control system and other air

21

navigation services, civil aircraft, and aeronautical

22

products and articles through safety regulation and23

oversight. These mandates have included protecting

24

against cyber threats affecting aviation safety or the25

Administration’s provision of safe, secure, and effi-MUR24306 DVY

S.L.C.

308
1

cient air navigation services and airspace manage-

2

ment.

3

(2) In 2016, Congress passed the FAA Exten-

4sion, Safety, and Security Act of 2016, pursuant to5which the FAA enhanced the cybersecurity of the6national airspace system by—

7
8
9
10

(A) developing a cybersecurity strategic
plan;(B) coordinating with other Federal agencies to identify cyber vulnerabilities;

11(C) developing a cyber threat model; and

12(D) completing a comprehensive, strategic

13

policy framework to identify and mitigate cyber-

14

security risks to the air traffic control system.

15(3) In 2018, Congress passed the FAA Reau-

16

thorization Act of 2018 which—17(A) authorized funding for the construction

18of FAA facilities dedicated to improving the cy-

19bersecurity of the national airspace system;

20(B) required the FAA to review and up-

21

date its comprehensive, strategic policy frame-

22

work for cybersecurity to assess the degree to23which the framework identifies and addresses

24

known cybersecurity risks associated with the25aviation system, and evaluate existing short-MUR24306 DVY

S.L.C.

309
1

and long-term objectives for addressing cyberse-

2

curity risks to the national airspace system;

3(C) created a Chief Technology Officer po-

4

sition within the FAA to be responsible for,5among other things, coordinating the implemen-

6tation, operation, maintenance, and cybersecu-

7

rity of technology programs relating to the air

8traffic control system with the aviation industry

9

and other Federal agencies; and

10(D) directed the National Academy of11

Sciences to study the cybersecurity workforce of

12

the FAA in order to develop recommendations

13

to increase the size, quality, and diversity of

14such workforce.

15(4) Congress has declared that the FAA is the16

primary Federal agency to assess and address the17

threats posed from cyber incidents relating to FAA-

18

provided air traffic control and air navigation serv-

19

ices and the threats posed from cyber incidents re-20

lating to civil aircraft, aeronautical products and ar-21

ticles, aviation networks, aviation systems, services,22

and operations, and the aerospace industry affecting

23

aviation safety or the provision of safe, secure, and24

efficient air navigation services and airspace man-25

agement by the Administration.

MUR24306 DVY

S.L.C.

310
1
2

SEC. 392. AEROSPACE PRODUCT SAFETY.

(a) CYBERSECURITY STANDARDS.—Section 44701(a)3 of title 49, United States Code, is amended—(1) in paragraph (1) by inserting ‘‘cybersecu-

45

rity,’’ after ‘‘quality of work,’’; and6(2) in paragraph (5)—(A) by inserting ‘‘cybersecurity and’’ after

7‘‘standards for’’; and8(B) by striking ‘‘procedure’’ and inserting

9‘‘procedures’’.

1011(b) EXCLUSIVE RULEMAKING AUTHORITY.—Section

12 44701 of title 49, United States Code, is amended by add13 ing at the end the following:
14‘‘(g) EXCLUSIVE RULEMAKING AUTHORITY.—Not-

15 withstanding any other provision of law and except as pro16 vided in section 40131, the Administrator, in consultation
17 with the heads of such other agencies as the Administrator
18 determines necessary, shall have exclusive authority to
19 prescribe regulations for purposes of assuring the cyberse20 curity of civil aircraft, aircraft engines, propellers, and ap21 pliances.’’.
22

SEC. 393. FEDERAL AVIATION ADMINISTRATION REGULA-23

TIONS, POLICY, AND GUIDANCE.

24(a) IN GENERAL.—Chapter 401 of title 49, United

25 States Code, is amended by adding at the end the fol26 lowing:MUR24306 DVY

S.L.C.

311
1 ‘‘§ 40131. National airspace system cyber threat man2
3

agement process‘‘(a) ESTABLISHMENT.—The Administrator of the

4 Federal Aviation Administration, in consultation with the
5 heads of other agencies as the Administrator determines
6 necessary, shall establish a national airspace system cyber
7 threat management process to protect the national air8 space system cyber environment, including the safety, se9 curity, and efficiency of air navigation services provided
10 by the Administration.
11‘‘(b) ISSUES TO BE ADDRESSED.—In establishing

12 the national airspace system cyber threat management
13 process under subsection (a), the Administrator shall, at
14 a minimum—
1516‘‘(1) monitor the national airspace system forsignificant cybersecurity incidents;

17‘‘(2) in consultation with appropriate Federal

18

agencies, evaluate the cyber threat landscape for the19national airspace system, including updating such

20

evaluation

21

timelines;

22
23

on

both

annualandthreat-based‘‘(3) conduct national airspace system cyber incident analyses;

24‘‘(4) create a cyber common operating picture

25

for the national airspace system cyber environment;

MUR24306 DVY

S.L.C.

3121‘‘(5) coordinate national airspace system signifi-

2cant cyber incident responses with other appropriate

3

Federal agencies;

4‘‘(6) track significant cyber incident detection,5

response, mitigation implementation, recovery, and6

closure;7‘‘(7) establish a process, or utilize existing proc-

8

esses, to share relevant significant cyber incident

9data related to the national airspace system;

10‘‘(8) facilitate significant cybersecurity report-

11

ing, including through the Cybersecurity and Infra-

12

structure Agency; and13‘‘(9) consider any other matter the Adminis-

14

trator determines appropriate.

15‘‘(c) DEFINITIONS.—In this section:

16‘‘(1) CYBER COMMON OPERATING PICTURE.—

17

The term ‘cyber common operating picture’ means18

the correlation of a detected cyber incident or cyber

19threat in the national airspace system and other20

operational anomalies to provide a holistic view of21

potential cause and impact.

22‘‘(2) CYBER ENVIRONMENT.—The term ‘cyber

23

environment’ means the information environment

24

consisting of the interdependent networks of infor-

25

mation technology infrastructures and resident data,

MUR24306 DVY

S.L.C.

313
1

including the internet, telecommunications networks,

2computer systems, and embedded processors and3

controllers.

4‘‘(3) CYBER INCIDENT.—The term ‘cyber inci-

5dent’ means an action that creates noticeable deg-

6

radation, disruption, or destruction to the cyber en-

7

vironment and causes a safety or other negative im-

8pact on operations of—9‘‘(A) the national airspace system;

10‘‘(B) civil aircraft; or

11‘‘(C) aeronautical products and articles.

12‘‘(4) CYBER THREAT.—The term ‘cyber threat’

13

means the threat of an action that, if carried out,

14

would constitute a cyber incident or an electronic at-

15

tack.

16

‘‘(5) ELECTRONICATTACK.—Theterm ‘elec-

17

tronic attack’ means the use of electromagnetic spec-18

trum energy to impede operations in the cyber envi-

19

ronment, including through techniques such as jam-

20

ming or spoofing.

21‘‘(6) SIGNIFICANT CYBER INCIDENT.—The term

22

‘significant cyber incident’ means a cyber incident,

23

or a group of related cyber incidents, that the Ad-

24

ministrator determines is likely to result in demon-

MUR24306 DVY

S.L.C.

314
1

strable harm to the national airspace system of the2

United States.’’.

3(b) CLERICAL AMENDMENT.—The analysis for chap-

4 ter 401 of title 49, United States Code, is amended by
5 adding at the end the following:‘‘40131. National airspace system cyber threat management process.’’.

6
7

SEC. 394. SECURING AIRCRAFT AVIONICS SYSTEMS.

Section 506(a) of the FAA Reauthorization Act of

8 2018 (49 U.S.C. 44704 note) is amended—
9(1) in the matter preceding paragraph (1) by

10

striking ‘‘consider, where appropriate, revising’’ and11

inserting ‘‘revise, as appropriate, existing’’;(2) in paragraph (1) by striking ‘‘and’’ at the

12
13
14
15

end;
(3) in paragraph (2) by striking the period at
the end and inserting ‘‘; and’’; and16(4) by adding at the end the following:

17‘‘(3) to establish a process and timeline by18

which software-based systems and equipment, in-19cluding aircraft flight critical systems of aircraft op-

20

erated under part 121 of title 14, Code of Federal

21

Regulations, can be regularly screened to attempt to

22

determine whether the software-based systems and23

equipment have been compromised by unauthorized

24

external or internal access.’’.

MUR24306 DVY

S.L.C.

315
1
2
3

SEC. 395. CIVIL AVIATION CYBERSECURITY RULEMAKINGCOMMITTEE.

(a) IN GENERAL.—Not later than 1 year after the

4 date of enactment of this Act, the Administrator shall con5 vene an aviation rulemaking committee on civil aircraft
6 cybersecurity to conduct reviews (as segmented under sub7 section (c)) and develop findings and recommendations on
8 cybersecurity standards for civil aircraft, aircraft ground
9 support information systems, airports, air traffic control
10 mission systems, and aeronautical products and articles.
11(b) DUTIES.—The Administrator shall—

12(1) for each segmented review conducted by the13committee convened under subsection (a), submit to14

the appropriate committees of Congress a report

15

based on the findings of such review; and16(2) not later than 180 days after the date of17

submission of a report under paragraph (1) and, in

18

consultation with other agencies as the Adminis-

19

trator determines necessary, for consensus rec-20

ommendations reached by such aviation rulemaking

21

committee—

2223(A) undertake a rulemaking, if appropriate, based on such recommendations; and24(B) submit to the appropriate committees

25of Congress a supplemental report with expla-

26

nations for each consensus recommendation not

MUR24306 DVY

S.L.C.

316
1

addressed, if applicable, by a rulemaking under2

subparagraph (A).

3(c) SEGMENTATION.—In tasking the aviation rule-

4 making committee with developing findings and rec5 ommendations relating to aviation cybersecurity, the Ad6 ministrator shall direct such committee to segment and7 sequence work by the topic or subject matter of regulation,
8 including by directing the committee to establish sub9 groups to consider different topics and subject matters.
10(d) COMPOSITION.—The aviation rulemaking com-

11 mittee convened under subsection (a) shall consist of mem12 bers appointed by the Administrator, including representa13 tives of—1415(1) aircraft manufacturers, to include at least 1
manufacturer of transport category aircraft;

16(2) air carriers;

17(3) unmanned aircraft system stakeholders, in-18

cluding operators, service suppliers, and manufactur-19

ers of hardware components and software applica-

20

tions;

21(4) manufacturers of powered-lift aircraft;

22(5) airports;

23(6) original equipment manufacturers of ground24

and space-based aviation infrastructure;MUR24306 DVY

S.L.C.

31712(7) aviation safety experts with specific knowledge of aircraft cybersecurity; and3(8) a nonprofit which operates 1 or more feder-

4

ally funded research and development centers with

5

specific knowledge of aviation and cybersecurity.

6(e) MEMBER ELIGIBILITY.—Prior to a member’s ap-

7 pointment under subsection (c), the Administrator shall
8 establish appropriate requirements related to nondisclo9 sure, background investigations, security clearances, or
10 other screening mechanisms for applicable members of the
11 aviation rulemaking committee who require access to sen12 sitive security information or other protected information
13 relevant to the member’s duties on the rulemaking com14 mittee. Members shall protect the sensitive security infor15 mation in accordance with part 1520 of title 49, Code of
16 Federal Regulations.
17(f) PROHIBITION ON COMPENSATION.—The members

18 of the aviation rulemaking committee convened under sub19 section (a) shall not receive pay, allowances, or benefits
20 from the Government by reason of their service on such
21 committee.
22(g) CONSIDERATIONS.—The Administrator may di-

23 rect such committee to consider—24(1) existing aviation cybersecurity standards,

25

regulations, policies, and guidance, including thoseMUR24306 DVY

S.L.C.

318
1from other Federal agencies, and the need to har-2

monize or deconflict proposed and existing stand-3

ards, regulations, policies, and guidance;

4(2) threat- and risk-based security approaches

5

used by the aviation industry, including the assess-6

ment of the potential costs and benefits of cyberse-

7

curity actions;(3) data gathered from cybersecurity or safety

89reporting;(4) the diversity of operations and systems on

10
11

aircraft and amongst air carriers;(5) design approval holder aircraft network se-

1213

curity guidance for operators;

14(6) FAA services, aviation industry services,15

and aircraft use of positioning, navigation, and tim-

16

ing data in the context of Executive Order No.

1713905, as in effect on the date of enactment of this

18

Act;

19

(7) updates needed to airworthiness regulations

20

and systems safety assessment methods used to

21

show compliance with airworthiness requirements for

22

design, function, installation, and certification of

23

civil aircraft, aeronautical products and articles, and24

aircraft networks;

MUR24306 DVY

S.L.C.

319
1(8) updates needed to air carrier operating and2maintenance regulations to ensure continued adher-

3

ence with processes and procedures established in

4

airworthiness regulations to provide cybersecurity

5

protections for aircraft systems, including for contin-

6

ued airworthiness;

7(9) policies and procedures to coordinate with8

other Federal agencies, including intelligence agen-9cies, and the aviation industry in sharing informa-

10tion and analyses related to cyber threats to civil

11

aircraft information, data, networks, systems, serv-

12

ices, operations, and technology and aeronautical

13

products and articles;

14(10) the response of the Administrator and15

aviation industry to, and recovery from, cyber inci-

16

dents, including by coordinating with other Federal

17

agencies, including intelligence agencies;

18(11) processes for members of the aviation in-

19

dustry to voluntarily report to the FAA cyber inci-

20

dents that may affect aviation safety in a manner

21that protects trade secrets and confidential business22

information;

23(12) appropriate cybersecurity controls for air-24

craft networks, aircraft systems, and aeronauticalMUR24306 DVY

S.L.C.

320
1

products and articles to protect aviation safety, in-2

cluding airworthiness;

3(13) appropriate cybersecurity controls for air-4

ports relative to the size and nature of airside oper-

5

ations of such airports to ensure aviation safety;

6(14) minimum standards for protecting civil

7

aircraft, aeronautical products and articles, aviation

8

networks, aviation systems, services, and operations

9from cyber threats and cyber incidents;

10(15) international collaboration, where appro-

11

priate and consistent with the interests of aviation

12

safety in air commerce and national security, with13

other civil aviation authorities, international aviation

14

and standards organizations, and any other appro-

15

priate entities to protect civil aviation from cyber in-

16

cidents and cyber threats;17(16) activities of the Administrator under sec-

18

tion 506 of the FAA Reauthorization Act of 201819

(49 U.S.C. 44704 note) (as amended by section

20394); and21(17) any other matter the Administrator deter-22

mines appropriate.

23(h) DEFINITIONS.—The definitions set forth in sec-

24 tion 40131 of title 49, United States Code (as added by
25 this subtitle), shall apply to this section.

MUR24306 DVY

S.L.C.

321
1
2
3

SEC. 396. GAO REPORT ON CYBERSECURITY OF COMMERCIAL AVIATION AVIONICS.

(a) IN GENERAL.—The Comptroller General shall

4 conduct a review on the consideration, identification, and5 inclusion of aircraft cybersecurity into the strategic frame6 work of principles and policies developed pursuant to sec7 tion 2111 of the FAA Extension, Safety, and Security Act
8 of 2016 (49 U.S.C. 44903 note).
9(b) CONTENTS.—In carrying out the review under

10 subsection (a), the Comptroller General shall assess—
11(1) how onboard aircraft cybersecurity risks

12

and vulnerabilities are defined, identified, and ac-

13

counted for in the comprehensive and strategic

14

framework described in subsection (a), including how

15

the implementation of such framework protects and16

defends FAA networks and systems to mitigate risks

17

to FAA missions and service delivery;18(2) how onboard aircraft cybersecurity, particu-

19

larly of aircraft avionics, is considered, incorporated,

20

and prioritized for mitigation in the cybersecurity

21

strategy, including pursuant to the framework de-22

scribed in paragraph (1);23(3) how the Transportation Security Agency

24

and FAA differentiate and manage the roles and re-25

sponsibilities for the cybersecurity of aircraft and26

ground systems;

MUR24306 DVY

S.L.C.

3221(4) how cybersecurity vulnerabilities of aircraft

2and ground systems are considered, incorporated,3

and prioritized for mitigation in the cybersecurity

4

strategy; and5(5) the budgets of the parties responsible for6

implementing the strategy framework for aviation

7

security, as identified in subsection (a), to satisfy

8

mitigation requirements necessary to secure the9aviation

10vulnerabilities.

11(c) REPORT REQUIRED.—Not later than 2 years

ecosystemfromonboardcybersecurity

12 after the date of the enactment of this Act, the Comp13 troller General shall submit a report containing the results
14 of the review required by this section to—
15(1) the appropriate committees of Congress;

16(2) the Committee on Homeland Security of the

17
18
19

House of Representatives; and(3) the Committee on Homeland Security andGovernmental Affairs of the Senate.

21

TITLE IV—AEROSPACEWORKFORCE

22

SEC. 401. REPEAL OF DUPLICATIVE OR OBSOLETE WORK-

20

23
24

FORCE PROGRAMS.

(a) REPEAL.—Sections 44510 and 44515 of title 49,

25 United States Code, are repealed.

MUR24306 DVY

S.L.C.

323
1(b) CLERICAL AMENDMENTS.—The analysis for

2 chapter 445 of title 49, United States Code, is amended
3 by striking the items relating to sections 44510 and
4 44515.
56SEC. 402. CIVIL AIRMEN STATISTICS.

(a) PUBLICATION FREQUENCY.—The Administrator

7 shall publish the study commonly referred to as the ‘‘U.S.
8 Civil Airmen Statistics’’ on a monthly basis.
9(b) PRESENTATION OF DATA.—The Administrator

10 shall make the data from the study under subsection (a)11 publicly available on the website of the Administration in
12 a user-friendly, downloadable format.
13(c) EXPANDED DATA CRITERIA.—Not later than 1

14 year after the date of enactment of this Act, the Adminis15 trator shall ensure that data sets and tables published as
16 part of the study described in subsection (a) display infor17 mation relating to the sex of certificate holders in more
18 instances.
19(d) HISTORICAL DATA.—Not later than 1 year after

20 the date of enactment of this Act, the Administrator shall
21 make all previously published annual data from the study
22 described in subsection (a) available on the website of the
23 Administration.

MUR24306 DVY

S.L.C.

324
1

SEC. 403. BESSIE COLEMAN WOMEN IN AVIATION ADVISORY

2
3

COMMITTEE.

(a) ESTABLISHMENT.—Not later than 6 months after

4 the date of enactment of this Act, the Secretary shall es5 tablish the Bessie Coleman Women in Aviation Advisory
6 Committee (in this section referred to as the ‘‘Com7 mittee’’).
8(b) PURPOSE.—The Committee shall advise the Sec-

9 retary and the Administrator on matters and policies re10 lated to promoting the recruitment, retention, employ11 ment, education, training, career advancement, and well12 being of women in the aviation industry and aviation-fo13 cused Federal civil service positions.
14(c) FORM OF DIRECTIVES.—All activities carried out

15 by the Committee, including special committees, shall be
16 in response to written terms of work from the Secretary
17 or taskings approved by a majority of the voting members
18 of the Committee and may not duplicate the objectives of
19 the Air Carrier Training Aviation Rulemaking Committee.
20(d) FUNCTIONS.—In carrying out the directives de-

21 scribed in subsection (c), the functions of the Committee
22 are as follows:23(1) Foster industry collaboration in an open

24

and transparent manner by engaging, as prescribed

25

by this section, representatives of the private sector

MUR24306 DVY

S.L.C.

3251

associated with an entity described in subsection

2(e)(1)(B).

3(2) Make recommendations for strategic objec-

4

tives, priorities, and policies that would improve the5

recruitment, retention, training, and career advance-

6

ment of women in aviation professions.

7(3) Evaluate opportunities for the Administra-

8tion to improve the recruitment and retention of

9

women in the Administration.

10(4) Periodically review and update the rec-11

ommendations directed to the FAA and non-FAA

12entities produced by the Advisory Board created13

pursuant to section 612 of the FAA Reauthorization

14

Act of 2018 (49 U.S.C. 40101 note) to improve the15

implementation of such recommendations.

16(5) Coordinate with the Office of Civil Rights of17

the Department of Transportation and the Federal

18

Women’s Program of the FAA to ensure directives

19

described in subsection (c) do not duplicate objec-

20

tives of such office or program.

21(e) MEMBERSHIP.—

22
23
24
25

(1) VOTING MEMBERS.—The Committee shallbe composed of the following members:(A) The Administrator, or the designee ofthe Administrator.

MUR24306 DVY

S.L.C.

326
1
2
3
4
5

(B) At least 25 individuals, appointed by
the Secretary, representing the following:(i) Aircraft manufacturers and aerospace companies.
(ii) Public and private aviation labor

6organizations,7

gaining representatives of—collectivebar-(I) aviation safety inspectors and89includingsafety engineers of the FAA;

10(II) air traffic controllers;

11(III) certified aircraft mainte-

12

nance technicians; and(IV) commercial airline crew-

13
14

members.

15(iii) General aviation operators.

16(iv) Air carriers.

17(v) Business aviation operators, in-

18
19
20
21
22
23
24

cluding powered-lift operators.
(vi) Unmanned aircraft systems operators.
(vii) Aviation safety management experts.
(viii) Aviation maintenance, repair,and overhaul entities.

MUR24306 DVY

S.L.C.

32712(ix) Airport owners, operators, andemployees.

3(x) Institutions of higher education4(as defined in section 101 of the Higher

5

Education Act of 1965 (20 U.S.C. 1001)),

6

a postsecondary vocational institution (as7defined in section 102(c) of the Higher

8

Education Act of 1965 (20 U.S.C. 1002)),9

or a high school or secondary school (as10such terms are defined in section 8101 of

11

the Elementary and Secondary Education

12

Act of 1965 (20 U.S.C. 7801)).

13(xi) A flight school that provides flight14

training, as defined in part 61 of title 14,

15

Code of Federal Regulations, or that holds

16

a pilot school certificate under part 141 of

17

title 14, Code of Federal Regulations.

18(xii) Aviation maintenance technician

19

schools governed under part 147 of title

20

14, Code of Federal Regulations.

21
22(xiii) Engineering business associations.

23(xiv) Civil Air Patrol.

24(xv) Nonprofit organizations within25

the aviation industry.

MUR24306 DVY

S.L.C.

328
12(2) NONVOTING MEMBERS.—(A) IN

GENERAL.—In

addition to the3members appointed under paragraph (1), the4Committee shall be composed of not more than

5

5 nonvoting members appointed by the Sec-6

retary from among officers or employees of the7

FAA, at least 1 of which shall be an employee

8of the Office of Civil Rights of the FAA.

9(B) ADDITIONAL NONVOTING MEMBERS.—

10The Secretary may invite representatives from11

the Department of Education and Department

12

of Labor to serve as nonvoting members on the13

Committee.

14
15
16
17

(C) DUTIES.—The nonvoting membersmay—(i) take part in deliberations of theCommittee; and18(ii) provide subject matter expertise

19

with respect to reports and recommenda-

20

tions of the Committee.

21(D) LIMITATION.—The nonvoting members

22

may not represent any stakeholder interest

23

other than that of the respective Federal agency

24of the member.

MUR24306 DVY

S.L.C.

329
1(3) TERMS.—Each voting member and non-2

voting member of the Committee appointed by the3

Secretary shall be appointed for a term that expires4

not later than the date on which the authorization

5of the Committee expires under subsection (k).

67(4) COMMITTEE CHARACTERISTICS.—The Committee shall have the following characteristics:

8(A) The ability to obtain necessary infor-

9mation from additional experts in the aviation

10

and aerospace communities.

11(B) A membership that enables the Com-12

mittee to have substantive discussions and13reach consensus on issues in a timely manner.

14(C) Appropriate expertise, including exper-

15

tise in human resources, human capital man-16

agement, policy, labor relations, employment

17

training, workforce development, and youth out-18

reach.

19(5) DATE.—Not later than 9 months after the20date of enactment of this Act, the Secretary shall21

make the appointments described in this subsection.

22(f) CHAIRPERSON.—

23(1) IN GENERAL.—The Committee shall select a24chairperson from among the voting members of the25

Committee.

MUR24306 DVY

S.L.C.

330
1(2) TERM.—The Chairperson shall serve a 2-

2

year term.

3(g) MEETINGS.—

4(1) FREQUENCY.—The Committee shall meet at

5least twice each year at the call of the Chairperson

6or the Secretary.

7(2) PUBLIC

ATTENDANCE.—Themeetings of

8

the Committee shall be open and accessible to the9public.

10(3) ADMINISTRATIVE SUPPORT.—The Secretary

11

shall furnish the Committee with logistical and ad-

12

ministrative support to enable the Committee to per-13

form the duties of the Committee.

14(h) SPECIAL COMMITTEES.—

15(1) ESTABLISHMENT.—The Committee may es-

16tablish special committees composed of industry rep-17

resentatives, members of the public, labor represent-

18

atives, and other relevant parties in complying with19

the consultation and participation requirements

20

under subsection (d).

21(2) APPLICABLE LAW.—Chapter 10 of title 5,22

United States Code, shall not apply to a special com-23

mittee established by the Committee.

24(i) PERSONNEL MATTERS.—

25(1) NO COMPENSATION OF MEMBERS.—MUR24306 DVY

S.L.C.

331
1(A) NON-FEDERAL EMPLOYEES.—A mem-2

ber of the Committee who is not an officer or3

employee Government shall serve without com-4

pensation.

5(B) FEDERAL EMPLOYEES.—A member of6

the Committee who is an officer or employee of7

the Federal Government shall serve without

8

compensation in addition to the compensation

9

received for the services of the member as an

10

officer or employee of the Federal Government.

11(2) DEATH OR RESIGNATION.—If a member of

12

the Committee dies or resigns during the term of

13

service of such member, the Secretary shall des-14

ignate a successor for the unexpired term of such15

member.

16(j) REPORTS.—

17(1) TASK REPORTS.—The Committee shall sub-18

mit to the Secretary and the appropriate committees

19of Congress annual reports detailing the completion

20of each directive summarizing the—21(A) findings and associated recommenda-

22

tions of the Committee for any legislative and23

administrative actions the Committee considers

24

appropriate to improve the advancement of25

women in aviation; andMUR24306 DVY

S.L.C.

332
1(B) planned activities of the Committee, as

2

directed by the Secretary or approved by a ma-

3jority of voting members of the Committee, and4

proposed terms of work to fulfill each activity.

5(2) ADDITIONALREPORTS.—The

Committee

6

may submit to the appropriate committees of Con-

7

gress, the Secretary, and the Administrator addi-

8

tional reports and recommendations related to edu-

9

cation, training, recruitment, retention, and ad-

10vancement of women in the aviation industry as the11

Committee determines appropriate.

12(k) SUNSET.—The authorization of the Committee

13 shall expire on October 1, 2028.
14
15
16
17

SEC. 404. FAA ENGAGEMENT AND COLLABORATION WITH
HBCUS AND MSIS.

(a) IN GENERAL.—The Administrator—(1) shall continue—

18(A) to partner with and conduct outreach19

to Historically Black Colleges and Universities

20

and minority serving institutions to promote

21

awareness of educational and career opportuni-

22

ties, including the Educational Partnership Ini-

23

tiative of the FAA, and develop curriculum re-24

lated to aerospace, aviation, and air traffic con-25

trol; and

MUR24306 DVY

S.L.C.

333(B) operation of the Minority Serving In-

1
2

stitutions Internship Program; and3(2) may—

4(A) make internship placements under the5

Minority Serving Institutions Internship Pro-

6

gram

7

throughout the year; andavailable

duringacademic

sessions

8(B) extend an internship placement under9

the Minority Serving Institutions Internship

10

Program for a student beyond a single aca-

11

demic session.

12(b) PROGRAM DATA.—In carrying out the Minority

13 Serving Institutions Internship Program, the Adminis14 trator shall track data, including annual metrics meas15 uring the following with respect to such Program:
16(1) The total number of applicants.

17(2) The total number of applicants offered an

18internship and the total number of applicants who

19

accept an internship.

20
21
22

(3) The line of business in which each intern isplaced.
(4) The conversion rate of interns in the Pro-

23

gram who are hired as full-time FAA employees.

24(c) MINORITY SERVING INSTITUTION DEFINED.—In

25 this section, the term ‘‘minority serving institution’’ means

MUR24306 DVY

S.L.C.

334
1 an institution described in paragraphs (1) through (7) of
2 section 371(a) of the Higher Education Act of 1965 (20
3 U.S.C. 1067q(a)).
4

SEC. 405. AIRMAN KNOWLEDGE TESTING WORKING GROUP.

5(a) WORKING GROUP.—Not later than 1 year after

6 the date of enactment of this Act, the Administrator shall7 task the Aviation Rulemaking Advisory Committee to es8 tablish a working group to assess and evaluate the appro9 priateness of allowing a high school student, upon success10 ful completion of an aviation maintenance curriculum, to
11 take the general written knowledge portion of the me12 chanic exam described in section 65.75 of title 14, Code
13 of Federal Regulations, at an FAA-approved testing cen14 ter.
15(b) REPORT.—Not later than 18 months after the

16 Aviation Rulemaking Advisory Committee tasks the work17 ing group under subsection (a), the working group shall
18 submit to the Administrator a final report with relevant
19 findings and recommendations.
20(c) HIGH SCHOOL DEFINED.—In this section, the21 term ‘‘high school’’ has the meaning given such term in
22 section 8101 of the Elementary and Secondary Education
23 Act of 1965 (20 U.S.C. 7801).

MUR24306 DVY

S.L.C.

335
1
2

SEC. 406. AIRMAN CERTIFICATION STANDARDS.

(a) IN GENERAL.—The Administrator shall use the3 Aviation Rulemaking Advisory Committee Airman Certifi4 cation System Working Group (in this section referred to
5 as the ‘‘Working Group’’) to review airman certification
6 standards and ensure that airman proficiency and knowl7 edge correlates and corresponds to regulations, proce8 dures, equipment, aviation infrastructure, and safety
9 trends at the time of such review.
10(b) DUTIES.—In carrying out subsection (a), the11 Working Group shall—
12(1) obtain industry recommendations on main-

13

taining and updating airman certification standards,

14

including guidance documents and airman tests;

15(2) ensure tasks carried out by the Working

16

Group are addressed and completed in a timely and17efficient manner; and18(3) recommend to the Administrator a means

19

by which the FAA may communicate to industry the20

process for establishing, updating, and maintaining

21

airman certification standards, including relevant

22

guidance documents, handbooks, and airman test

23

materials.

24
25

SEC. 407. AIRMAN’S MEDICAL BILL OF RIGHTS.

(a) IN GENERAL.—MUR24306 DVY

S.L.C.

336
1(1) DEVELOPMENT.—Not later than 1 year2

after the date of enactment of this Act, the Adminis-

3

trator shall develop a document (in this section re-4

ferred to as the ‘‘Airman’s Medical Bill of Rights’’)5

detailing the right of an individual before, during,6

and after a medical examination conducted by an

7

Aviation Medical Examiner.

8(2) CONTENTS.—The Airman’s Medical Bill of

9

Rights required under paragraph (1) shall, at a min-10

imum, contain information about the right of an in-

11

dividual to—

12(A) bring a trusted companion or request

13

to have a chaperone present for a medical ex-

14

amination;

15(B) terminate an exam in accordance with

16

guidelines from the Administrator for appro-

17

priately terminating such exam;

18(C) receive medical examination with re-19

spect and recognition of the dignity of the indi-

20

vidual;2122(D) be assured of privacy and confidentiality;

23(E) select an Aviation Medical Examiner

24of the choice of the individual, as long as theMUR24306 DVY

S.L.C.

337
1

Aviation Medical Examiner has the required2

designations;(F) privacy when changing, undressing,34

and using the restroom;5(G) ask questions about FAA medical

6

standards and the applicability to the current

7

health status of the individual;

8(H) report an incident of misconduct by an

9

Aviation Medical Examiner to the appropriate

10authorities, including to the State licensing

11

board of the Aviation Medical Examiner or the

12

FAA;

13

(I) report to the Administrator an allega-

14tion regarding alleged Aviation Medical Exam-

15

iner misconduct without fear of retaliation or

16

negative action relating to an airman certificate

17of the individual; and18(J) be advised of any known conflicts of in-

19

terest an Aviation Medical Examiner may have20with respect to the medical examination of the21

individual.

22

(3)

PUBLICAVAILABILITY.—The

Airman’s

23

Medical Bill of Rights required under paragraph (1)24shall be—

MUR24306 DVY

S.L.C.

338
1(A) made available to, and acknowledged

2

by, an individual in the MedXpress system (or3

any successor system);

4(B) made available in a hard-copy format

5by an Aviation Medical Examiner at the time of6

exam upon request by an individual; and(C) displayed in a common space in the of-7

fice of the Aviation Medical Examiner.

89(b) EXPECTATIONS FOR MEDICAL EXAMINATIONS.—

10(1) IN GENERAL.—Not later than 1 year after11

the date of enactment of this Act, the Administrator

12

shall develop a simplified document explaining the13

standard procedures performed during a medical ex-

14

amination conducted by an Aviation Medical Exam-

15

iner.

16
17

(2) PUBLIC AVAILABILITY.—The document required under paragraph (1) shall be—

18(A) made available to, and acknowledged

19

by, an individual in the MedXpress system (or20

any successor system);

21(B) made available in a hard-copy format

22

by an Aviation Medical Examiner at the time of23

exam upon request by an individual; and2425(C) displayed in a common space in the office of the Aviation Medical Examiner.

MUR24306 DVY

S.L.C.

339
1

SEC. 408. IMPROVED DESIGNEE MISCONDUCT REPORTING

2
3

PROCESS.

(a) IMPROVED DESIGNEE MISCONDUCT REPORTING

4 PROCESS.—
5(1) IN GENERAL.—Not later than 1 year after6

the date of enactment of this Act, the Administrator

7

shall establish a streamlined process for individuals

8

involved in incidents of alleged misconduct by a des-9

ignee to report such incidents in a manner that pro-10

tects the privacy and confidentiality of such individ-

11

uals.

12

(2) PUBLIC ACCESS TO REPORTING PROCESS.—13

The process for reporting alleged misconduct by a14

designee shall be made available to the public on the15

website of the Administration, including—(A) the designee locator search webpage;

16
17

and
(B) the webpage of the Office of Audit and18
19

Evaluation of the FAA.

20

(3)

OBLIGATIONTOREPORTCRIMINAL

21

CHARGES.—Not later than 90 days after the date of

22enactment of this Act, the Administrator shall revise23

the orders and policies governing the Designee Man-24

agement System to clarify that designees are obli-

25

gated to report any arrest, indictment, or conviction

MUR24306 DVY

S.L.C.

340
1

for violation of a local, State, or Federal law within2

a period of time specified by the Administrator.

34(4) AUDIT OF REPORTING PROCESS BY INSPECTOR GENERAL.—

5(A) IN GENERAL.—Not later than 3 years

6

after the date on which the Administrator final-

7

izes the update of the reporting process under8

paragraph (1), the inspector general of the De-

9partment of Transportation shall conduct an

10audit of such reporting process.

11(B) CONTENTS.—In conducting the audit

12of the reporting process described in subpara-

13

graph (A), the inspector general shall, at a min-

14

imum—

15

(i) review the efforts of the Adminis-

16

tration to improve the reporting process17

and solutions developed to respond to and18

investigate allegations of misconduct;

19(ii) analyze reports of misconduct

20

brought to the Administrator prior to any

21changes made to the reporting process as

22

a result of the enactment of this Act, in-23

cluding the ultimate outcomes of those re-24

ports and whether any reports resulted inMUR24306 DVY

S.L.C.

341
1

the Administrator taking action against2

the accused designee;

3(iii) determine whether the reporting

4

process results in appropriate action, in-5cluding reviewing, investigating, and clos-6

ing out reports; and(iv) if applicable, make recommenda-

7
8

tions to improve the reporting process.

9(C) REPORT.—Not later than 1 year after10

the date of initiation of the audit described in

11

subparagraph (A), the inspector general shall12

submit to the appropriate committees of Con-13

gress a report on the results of such audit, in-14

cluding findings and recommendations.

15(b) DESIGNEE DEFINED.—In this section, the term

16 ‘‘designee’’ means an individual who has been designated
17 to act as a representative of the Administrator as—
18(1) an Aviation Medical Examiner (as described

19

in section 183.21 of title 14, Code of Federal Regu-

20

lations);

21
22
23
24

(2) a pilot examiner (as described in section
183.23 of such title); or(3) a technical personnel examiner (as describedin section 183.25 of such title).

MUR24306 DVY

S.L.C.

342
1
2
3

SEC. 409. REPORT ON SAFE UNIFORM OPTIONS FOR CERTAIN AVIATION EMPLOYEES.

(a) IN GENERAL.—The Administrator shall review

4 whether air carriers operating under part 121 of title 14,
5 Code of Federal Regulations, and repair stations certifi6 cated under part 145 of such title have in place uniform
7 policies and uniform offerings that ensure pregnant em8 ployees can perform required duties safely.
9(b) CONSULTATION.—In conducting the review re-

10 quired under subsection (a), the Administrator shall con11 sult with air carriers and repair stations described in sub12 section (a) and employees of such air carriers and such
13 stations who are required to adhere to a uniform policy.
14(c) BRIEFING.—Not later than 2 years after the date

15 of enactment of this Act, the Administrator shall brief the
16 appropriate committees of Congress on the results of the
17 review required under subsection (a).
18
19SEC. 410. HUMAN FACTORS PROFESSIONALS.

The Administrator shall take such actions as may be

20 necessary to establish a new work code for human factors
21 professionals who—
22(1) perform work involving the design and test-23

ing of technologies, processes, and systems which re-24

quire effective and safe human performance;25(2) generate and apply theories, principles,

26

practical concepts, systems, and processes related toMUR24306 DVY

S.L.C.

343
1

the design and testing of technologies, systems, and2training programs to support and evaluate human3

performance in work contexts; and

4
5
6
7
8

(3) meet education or experience requirements
as determined by the Administrator.
SEC. 411. AEROMEDICAL INNOVATION AND MODERNIZATION WORKING GROUP.

(a) ESTABLISHMENT.—Not later than 180 days after

9 the date of enactment of this Act, the Administrator shall
10 establish a working group (in this section referred to as
11 the ‘‘working group’’) to review the medical processes,
12 policies, and procedures of the Administration and to
13 make recommendations to the Administrator on modern14 izing such processes, policies, and procedures to ensure
15 timely and efficient certification of airmen.
16(b) MEMBERSHIP.—

17(1) IN

18

consist of—working group shall(A) 2 co-chairs described in paragraph (2);1920GENERAL.—The

and

21

(B) not less than 15 individuals appointed

22by the Administrator, each of whom shall have

23

knowledge or a background in aerospace medi-

24cine, psychology, neurology, cardiology, or inter-25

nal medicine.

MUR24306 DVY

S.L.C.

344
12(2) CO-CHAIRS.—The working group shall be
co-chaired by—(A) the Federal Air Surgeon of the FAA;

3
4

and

5

(B) a member described under paragraph

6(1)(A) to be selected by members of the work-7

ing group.

8(3) PREFERENCE.—The Administrator, in ap-

9pointing members pursuant to paragraph (1)(B),

10

shall give preference to—11(A) Aviation Medical Examiners (as de-

12

scribed in section 183.21 of title 14, Code of13

Federal Regulations);

14(B) licensed medical physicians;

15(C) practitioners holding a pilot certificate;

16

and

17

(D) individuals having demonstrated re-18

search and expertise in aeromedical research or19sciences.

20(c) ACTIVITIES.—In reviewing the aeromedical deci-

21 sion-making processes, policies, and procedures of the Ad22 ministration in accordance with subsection (a), the work23 ing group, at a minimum, shall—

MUR24306 DVY

S.L.C.

3451(1) assess the medical conditions an Aviation

2

Medical Examiner may issue a medical certificate di-3

rectly to an individual;

4(2) determine the appropriateness of the list of

5such medical conditions as of the date of enactment

6of this Act;7(3) assess the special issuance process;8(4) determine the appropriateness of whether a9renewal of a special issuance can be based on a med-10

ical evaluation and treatment plan by the treating

11

medical specialist of the individual pursuant to ap-

12

proval from an Aviation Medical Examiner;

13(5) evaluate advancements in technologies to14

address forms of red-green color blindness and de-15

termine whether such technologies may be approved

16

for use by airmen;

17(6) review policies and guidance relating to At-

18

tention-Deficit Hyperactivity Disorder and Attention

19

Deficit Disorder;

20(7) evaluate whether medications used to treat

21

such disorders may be safely prescribed to an air-

22

man;

23
24
25

(8) review protocols pertaining to the Human
Intervention Motivation Study of the FAA;
(9) review protocols and policies relating to—MUR24306 DVY

S.L.C.

346
1(A) neurological disorders; and2(B) cardiovascular conditions to ensure

3alignment with medical best practices, latest re-4

search;5(10) review mental health protocols and medica-

6

tions approved for treating such mental health con-7

ditions, including such actions taken resulting from8

recommendations by the Mental Health and Aviation

9

Medical Clearances Rulemaking Committee;

10(11) assess processes and protocols pertaining

11

to recertification of an airman receiving disability in-

12surance post-recovery from the medical condition, in-13jury, or disability that precludes an airman from ex-

14

ercising the privileges of an airman certificate;15(12) assess processes and protocols pertaining

16

to the certification of veterans reporting a disability

17

rating from the Department of Veterans Affairs; and18(13) assess and evaluate the user interface and19

information-sharing capabilities of any online med-20

ical portal administered by the FAA.

21(d) AVIATION WORKFORCE MENTAL HEALTH TASK

22 GROUP.—
23(1) ESTABLISHMENT.—Not later than 120 days

24

after the working group pursuant to subsection (a)25is established, the co-chairs of such working group

MUR24306 DVY

S.L.C.

347
1

shall establish an aviation workforce mental health2task group (referred to in this subsection as the3‘‘task group’’) to oversee, monitor, and evaluate ef-

4

forts of the Administrator related to supporting the5mental health of the aviation workforce.

67(2) COMPOSITION.—The co-chairs of suchworking group shall appoint—

8(A) a Chair of the task group; and

9(B) members of the task group from10

among the members of the working group ap-

11

pointed by the Administrator under subsection

12(b)(1).

13(3) DUTIES.—The duties of the task group

14
15
16

shall include—(A) carrying out the activities described insubsection (c)(11);17(B) soliciting feedback from aviation indus-

18

try professionals or other licensed professionals

19

representing air carrier operations under part20

121 and part 135 of title 14, Code of Federal

21

Regulations, and general aviation operations

22

under part 91 of title 14, Code of Federal Reg-23

ulations;MUR24306 DVY

S.L.C.

348
1(C) reviewing and evaluating guidance2

issued by the International Civil Aviation Orga-3

nization on aviation workforce mental health;4(D) providing advice, as appropriate, on

5

the implementation of the final recommenda-

6

tions issued by the inspector general of the De-

7partment of Transportation in the report titled,

8‘‘FAA Conduct Comprehensive Evaluations of

9

Pilots With Mental Health Challenges, but Op-

10

portunities Exist to Further Mitigate Safety

11

Risks’’,

12(AV2023038);

published

on

July

12,

2023

13

(E) monitoring and evaluating the imple-

14

mentation of recommendations by the Mental

15

Health and Aviation Medical Clearances Rule-16

making Committee;

17

(F)

expandingandimprovingmental18

health outreach, education, and assistance pro-19

grams for the aviation workforce; and

20

(G)

reducing

thestigmaofmental21

healthcare in the aviation workforce.

22(4) REPORT.—Not later than 2 years after the23

date of the establishment of the task group, the task

24group shall submit to the Secretary and the appro-

25

priate committees of Congress a report detailing—MUR24306 DVY

S.L.C.

349
12(A) the results of the review and evaluation under paragraph (3)(A); and3(B) progress on the implementation of rec-4

ommendations pursuant to subparagraphs (D)5

and (E) of paragraph (3); and6(C) the activities carried out pursuant to7

fulfilling the duties described in subparagraphs

8(F) and (G) of paragraph (3).

9(e) SUPPORT.—The Administrator shall seek to enter

10 into 1 or more agreements with the National Academies
11 to support the activities of the working group described
12 in subsection (c).
13(f) FINDINGS AND RECOMMENDATIONS.—Not later

14 than 1 year after the date of enactment of this Act, and
15 annually thereafter, the working group shall submit to the
16 Administrator and the appropriate committees of Con17 gress a report on the findings and recommendations re18 sulting from the activities carried out under subsection (c).
19(g) IMPLEMENTATION.—Not later than 1 year after

20 receiving recommendations outlined in the report under
21 subsection (f), the Administrator may take such action,
22 as appropriate, to implement such recommendations.
23(h) SUNSET.—The working group shall terminate on

24 October 1, 2028.

MUR24306 DVY

S.L.C.

350
1
2

SEC. 412. FRONTLINE MANAGER WORKLOAD STUDY.

(a) IN GENERAL.—Not later than 2 years after the

3 date of enactment of this Act, the Administrator shall con4 duct a study on frontline manager workload challenges in
5 air traffic control facilities.
6(b) CONSIDERATIONS.—In conducting the study re-

7 quired under subsection (a), the Administrator may—89(1) consider—(A) workload challenges including—

10(i) the managerial tasks expected to11

be performed by frontline managers, in-12cluding employee development, manage-

13

ment, and counseling;

14(ii) the number of supervisory posi-

15

tions of operations requiring watch cov-

16

erage in each air traffic control facility;

17
18
19

(iii) the complexity of traffic andmanagerial responsibilities; and(iv) proficiency and training require-

20

ments;

21(B) facility type;22(C) facility staffing levels; and23(D) any other factors as the Administrator

24

considers appropriate; andMUR24306 DVY

S.L.C.

351
1(2) describe recommendations for updates to

2

the Frontline Manager’s Quick Reference Guide that3

reflect current operational standards.

4(c) BRIEFING.—Not later than 3 years after the date

5 of enactment of this Act, the Administrator shall brief the
6 appropriate committees of Congress on the results of the
7 study conducted under subsection (a).
8SEC. 413. MEDICAL PORTAL MODERNIZATION TASK GROUP.

9(a) ESTABLISHMENT.—Not later than 120 days after

10 the working group pursuant to section 411 is established,
11 the co-chairs of such working group shall establish a med12 ical portal modernization task group (in this section re13 ferred to as the ‘‘task group’’) to evaluate the user inter14 face and information sharing capabilities of an online med15 ical portal administered by the FAA.
16(b) COMPOSITION.—The co-chairs of the working

17 group provided for in section 411 shall appoint—
18(1) a Chair of the task group; and19(2) members of the task group from among the20

members of the working group appointed by the Ad-

21

ministrator under section 411(b).

22(c) ASSESSMENT; RECOMMENDATIONS.—The task

23 group shall, at a minimum, assess and evaluate the capa24 bilities of any such medical portal and provide rec25 ommendations to improve the following:MUR24306 DVY

S.L.C.

352
1(1) The cybersecurity protections and protocols

2of any such medical portal, including the secure ex-3change of health information and records between

4

Aviation Medical Examiners and pilots, or their des-5ignee, including the ability for an airman to submit

6

additional information requested by the Adminis-

7

trator.

8(2) The status of an airman’s medical applica-

9tion and the disclosure of how long an airman can

10

expect to wait for a final determination to be issued

11by the Administrator.

12(3) The disclosure of the name and contact in-13

formation of the Administrator’s representative

14

managing an airman’s case so that an Aviation Med-

15

ical Examiner has a point of contact within the Ad-

16ministration who is familiar with an airman’s appli-

17

cation.

18(d) CONSULTATION.—In carrying out the duties de-

19 scribed in subsection (c), the task group may consult cy20 bersecurity experts and individuals with a knowledge of
21 securing electronic health care transactions.
22(e) REPORT.—Not later than 1 years after the date

23 of the establishment of the task group, the task group24 shall submit to the Administrator and the appropriate

MUR24306 DVY

S.L.C.

353
1 committees of Congress a report detailing activities and2 recommendations of the task group.
3(f) IMPLEMENTATION.—Not later than 1 year after

4 receiving the report described in subsection (e), the Ad5 ministrator may take such action as may be necessary to
6 implement recommendations of the task group to improve
7 any such medical portal.
8

SEC. 414. STUDY OF HIGH SCHOOL AVIATION MAINTE-

9NANCE TRAINING PROGRAMS.

10(a) IN GENERAL.—Not later than 1 year after the

11 date of enactment of this Act, the Comptroller General
12 shall initiate a study to assess high school aviation mainte13 nance technician programs and identify any barriers for
14 graduates of such programs with respect to—15(1) pursuing post-secondary or vocational aca-

16

demic training at an FAA-approved aviation mainte-

17

nance technician school; or

18(2) obtaining the training and experience nec-

19

essary to become an FAA-certificated mechanic

20

through on-the-job training or alternative pathways.

21(b) CONTENTS.—The study required under sub-22 section (a) shall assess the following:
23(1) The number of high school aviation mainte-

24

nance programs in the United States and the typical

25

career outcomes for graduates of such programs.

MUR24306 DVY

S.L.C.

354
1(2) The extent to which such programs offer

2

curricula that align with FAA mechanic Airman

3

Certification Standards.

4(3) The number of such programs that partner

5

with FAA-approved aviation maintenance technician

6

schools (as described in part 147 of title 14, Code7

of Federal Regulations).

8(4) The level of engagement between the FAA

9and high school aviation maintenance programs with

10

respect

11

foundational knowledge and skills necessary for a

12

student to attain FAA mechanic certification and as-

13sociated ratings.

todeveloping

curricula

to

build

the

14

(5) Barriers to accessing the general knowledge

15

test described in section 65.71(a)(3) of title 14,16

Code of Federal Regulations.

17(6) The applicability of all FAA regulations and18

policies in effect on the day before the date of enact-

19

ment of this Act as such regulations and policies

20

apply to student enrollees of high school aviation

21

maintenance programs and whether such regulations

22or policies pose any barriers to students interested

23

in pursuing a career in the field of aviation mainte-

24

nance.

MUR24306 DVY

S.L.C.

3551(c) REPORT.—Not later than 2 years after the com-

2 pletion of the study required under this section, the Comp3 troller General shall provide to the Administrator and the
4 appropriate committees of Congress a report on the find5 ings of such study, including recommendations for any leg6 islative and administrative actions as the Comptroller
7 General determines appropriate.
8910SEC. 415. IMPROVED ACCESS TO AIR TRAFFIC CONTROLSIMULATION TRAINING.

(a) IN GENERAL.—The Administrator shall continue

11 making tower simulator systems (in this section referred
12 to as ‘‘TSS’’) more accessible to all air traffic controller
13 specialists assigned to an air traffic control tower of the
14 FAA (in this section referred to as an ‘‘ATCT’’), regard15 less of facility assignment.
16(b) CLOUD-BASED VISUAL DATABASE AND SOFT-

17

WARE SYSTEM.—Not later than 30 months after the date

18 of enactment of this Act, the Administrator shall develop
19 and implement a cloud-based visual database and software
20 system that is compatible with existing and future TSS
21 that, at a minimum, includes—
22
23
24
25

(1) the unique runway layout, approach paths,
and lines of sight of every ATCT; and(2) specifications that meet all applicable data
security requirements.

MUR24306 DVY

S.L.C.

3561(c) TSS UPGRADES.—Not later than 2 years after

2 the date of enactment of this Act, the Administrator shall3 upgrade existing, permanent TSS so that the TSS is, at
4 a minimum, capable of—5(1) securely and quickly downloading data from6

the cloud-based visual database and software system

7

described in subsection (b); and

8(2) running scenarios for each ATCT involving

9

differing levels of air traffic volume and varying

10

complexities, including, aircraft emergencies, rapidly

11changing weather, issuance of safety alerts, special12

air traffic procedures for events of national or inter-

13

national significance, and recovering from unfore-

14

seen events or losses of separation.

15(d) MOBILE TSS.—Not later than 4 years after the

16 date of enactment of this Act, the Administrator shall ac17 quire and implement mobile TSS at each ATCT that is
18 without an existing, permanent TSS so that the mobile
19 TSS is capable of, at a minimum, the capabilities de20 scribed in paragraphs (1) and (2) of subsection (c).
21(e) COLLABORATION.—In carrying out this section,

22 the Administrator may collaborate with the exclusive bar23 gaining representative of air traffic controllers certified
24 under section 7111 of title 5, United States Code.

MUR24306 DVY

S.L.C.

357
1

SEC. 416. AIR TRAFFIC CONTROLLER INSTRUCTOR RE-

2

CRUITMENT, HIRING, AND RETENTION.

3(a) IN GENERAL.—No later than 270 days after the

4 date of enactment of this Act, the Administrator shall ini5 tiate a study examining the recruitment, hiring, and reten6 tion of air traffic controller instructors and the projected
7 number of instructors needed to maintain the safety of
8 the national airspace system over a 5-year period begin9 ning with fiscal year 2025.
10(b) CONTENTS.—The Administrator shall include in

11 the study required under subsection (a) the following:
12(1) An examination of projected instructor

13

staffing targets, including the number of on-the-job

14

instructors needed for the instruction and training

15

of Certified Professional Controllers (in this section

16

referred to as ‘‘CPCs’’) in training.

17(2) An analysis on whether involving additional

18

retired CPCs as instructors, including for classroom

19

training, would produce improvements in air traffic

20

controller instruction and training.

2122(3) Recommendations on how and where to utilize retired CPCs.

23(4) The effect on the ability of active CPCs to

24carry out on-the-job duties, other than instruction,25

and any related efficiencies if additional retired

26

CPCs were involved as instructors.

MUR24306 DVY

S.L.C.

358
1(5) The known vulnerabilities, as categorized by

2

FAA Air Traffic Organization regions, in cases in3

which the FAA requires CPCs to provide instruction

4and training to CPCs in training is a significant

5burden on FAA air traffic controller staffing levels.

6(c) DEADLINE.—Not later than 2 years after the date

7 on which the Administrator initiates the study required
8 under subsection (a), the Administrator shall brief the ap9 propriate committees of Congress on the results of the
10 study and any actions that may be taken by the Adminis11 trator based on such results.
12

SEC. 417. ENSURING HIRING OF AIR TRAFFIC CONTROL

13

SPECIALISTS IS BASED ON ASSESSMENT OF

14

JOB-RELEVANT APTITUDES.

15(a) REVIEW OF THE AIR TRAFFIC SKILLS ASSESS-

16

MENT.—Not later than 180 days after the date of enact-

17 ment of this Act, the Administrator shall review and re18 vise, if necessary, the Air Traffic Skills Assessment (in19 this section referred to as the ‘‘AT–SA’’) administered to
20 air traffic controller applicants described in clauses (ii)
21 and (iii) of section 44506(f)(1)(B) of title 49, United
22 States Code, in accordance with the following require23 ments, the Administrator shall:
24(1) Evaluate all questions on the AT–SA and25

determine whether a peer-reviewed job analysis that

MUR24306 DVY

S.L.C.

359
1

ensures all questions test job-relevant aptitudes

2

would result in improvements in the air traffic con-3

trol specialist workforce training and hiring process.

4(2) Assess the assumptions and methodologies

5

used to develop the AT–SA, the job-relevant apti-

6

tudes measured, and the scoring process for the as-

7sessment.

8(3) Assess whether any other revisions to the9

AT–SA are necessary to enhance the air traffic con-10

trol specialist workforce training and hiring process.

11(b) DOT INSPECTOR GENERAL REPORT.—Not later

12 than 180 days after the completion of the review and any
13 necessary revision of the AT–SA required under sub14 section (a), the inspector general of the Department of
15 Transportation shall submit to the Administrator, the ap16 propriate committees of Congress, and, upon request, to
17 any member of Congress, a report that assesses the AT–
18 SA and any applicable revisions, a description of any asso19 ciated actions taken by the Administrator, and any other20 recommendations to address the results of the report.
21
22
23

SEC. 418. PILOT PROGRAM TO PROVIDE VETERANS WITH
PILOT TRAINING SERVICES.

(a) IN GENERAL.—The Secretary, in consultation

24 with the Secretary of Education and the Secretary of Vet25 erans Affairs, shall establish a pilot program to provide

MUR24306 DVY

S.L.C.

360
1 grants to eligible entities to provide pilot training activities
2 and related education to support a pathway for veterans
3 to become commercial aviators.
4(b) ELIGIBLE ENTITY.—In this section, the term ‘‘el-

5 igible entity’’ means a pilot school or provisional pilot
6 school that—78(1) holds an Air Agency Certificate under part
141 of title 14, Code of Federal Regulations; and

9(2) has an established employment pathway

10with at least 1 air carrier operating under part 121

11

or 135 of title 14, Code of Federal Regulations.

12(c) PRIORITY APPLICATION.—In selecting eligible en-

13 tities under this section, the Secretary shall prioritize eligi14 ble entities that meet the following criteria:
15(1) An eligible entity accredited (as defined in

16

section 61.1 of title 14, Code of Federal Regula-

17

tions) by an accrediting agency recognized by the18

Secretary of Education.

19(2) An eligible entity that holds a letter of au-

20

thorization issued in accordance with section 61.169

21

of title 14, Code of Federal Regulations.

22(d) USE OF FUNDS.—Amounts from a grant received

23 by an eligible entity under the pilot program established
24 under subsection (a) shall be used for the following:MUR24306 DVY

S.L.C.

361
1(1) Administrative costs related to implementa-

2

tion of the program described in subsection (a) not3

to exceed 5 percent of the amount awarded.

4(2) To provide guidance and pilot training serv-

5

ices, including tuition and flight training fees for

6veterans enrolled with an eligible entity and any

7training required to reach proficiency, to enrolled

8veterans to support such veterans in obtaining any

9of the following pilot certificates and ratings:

1011(A) Private pilot certificate with airplane
single-engine or multi-engine ratings.

12(B) Instrument rating.

13(C) Commercial pilot certificate with air-14

plane single-engine or multi-engine ratings.

15(D) Multi-engine rating.

16(E) Certificated flight instructor single-en-17gine certificate, if applicable to the degree

18sought.

19(F) Certificated flight instructor multi-en-

20gine certificate, if applicable to the degree

21sought.

22(G) Certificated flight instructor instru-

23

ment certificate, if applicable to the degree

24sought.

MUR24306 DVY

S.L.C.

362
1(3) To provide educational materials, training

2

materials, and equipment to support pilot training

3

activities and related education for veterans enrolled

4with the eligible entity.

5(4) To provide periodic reports to the Secretary

6on use of the grant funds, including documentation

7of training completion of the certificates and ratings

8

described in subparagraphs (A) through (G) of para-

9graph (2).

10(e) AWARD AMOUNT LIMIT.—An award granted to

11 an eligible entity shall not exceed more than $750,000 in
12 any given fiscal year.
13(f) APPROPRIATIONS.—To carry out this section,

14 there is authorized to be appropriated $5,000,000 for each
15 of fiscal years 2025 through 2028.
16

SEC. 419. PROVIDING NON-FEDERAL WEATHER OBSERVER

17

TRAINING TO AIRPORT PERSONNEL.

18

The Administrator may take such actions as are nec-

19 essary to provide training that is easily accessible and
20 streamlined for airport personnel to become certified as
21 non-Federal weather observers so that such personnel can
22 manually provide weather observations in any case in
23 which automated surface observing systems and auto24 mated weather observing systems experience outages and
25 errors in order to ensure operational safety at airports.

MUR24306 DVY

S.L.C.

363
1

SEC. 420. PROHIBITION OF REMOTE DISPATCHING.

2(a) AMENDMENTS TO PROHIBITION.—

3
4
5
6
7
8
9

(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) the10

following:

11‘‘(10) work as an aircraft dispatcher outside of

12a physical location designated as a dispatching cen-13

ter or flight following center of an air carrier, except

14

as provided under section 44747; or’’.

15(2) REGULATIONS.—Not later than 1 year after16

the date of enactment of this Act, the Administrator

17

shall issue regulations requiring persons to comply

18with section 44711(a)(10) of title 49, United States

19

Code (as added by paragraph (1)).

20(b) AIRCRAFT DISPATCHING.—

21(1) IN GENERAL.—Chapter 447 of title 49,

22

United States Code, is further amended by adding

23

at the end the following:

24 ‘‘§ 44748. Aircraft dispatching
25‘‘(a) AIRCRAFT DISPATCHING CERTIFICATE.—No

26 person may serve as an aircraft dispatcher for an air car-

MUR24306 DVY

S.L.C.

364
1 rier unless such person holds the appropriate aircraft dis2 patcher certificate issued by the Administrator of the Fed3 eral Aviation Administration.
4‘‘(b) PROOF OF CERTIFICATION.—Upon the request

5 of the Administrator or an authorized representative of
6 the National Transportation Safety Board, or other appro7 priate Federal agency, a person who holds such a certifi8 cate, and is performing dispatching shall present the cer9 tificate for inspection.
10‘‘(c) DISPATCH CENTERS AND FLIGHT FOLLOWING

11 CENTERS.—
12‘‘(1) ESTABLISHMENT.—Each air carrier shall13

establish and maintain sufficient dispatch centers14

and flight following centers necessary to maintain15

operational control of each flight of the air carrier

16

at all times.

17‘‘(2) REQUIREMENTS.—An air carrier shall en-18

sure that each dispatch center and flight following

19

center of the air carrier—

20‘‘(A) has a sufficient number of aircraft

21

dispatchers on duty at the dispatch center or

22flight following center to ensure proper oper-

23

ational control of each flight of the air carrier

24

at all times;

MUR24306 DVY

S.L.C.

3651‘‘(B) has the necessary equipment, in good2

repair, to maintain proper operational control of3each flight of the air carrier at all times; and4‘‘(C) includes the presence of physical se-5

curity and cybersecurity protections to prevent

6

unauthorized access to the dispatch center or

7flight following center or to the operations of ei-

8ther such center.

9‘‘(d) PROHIBITION.—

10‘‘(1) IN GENERAL.—Except as provided in para-

11

graph (2), an air carrier may not dispatch aircraft

12

from any location other than the dispatch center or

13flight following center of the air carrier.

14‘‘(2) EMERGENCY AUTHORITY.—In the event of

15

an emergency or other event that renders a dispatch

16

center or a flight following center inoperable, an air

17carrier may dispatch aircraft from a location other18

than the dispatch center or flight following center of19

the air carrier for a period of time not to exceed 14

20

consecutive days per location without approval of the21

Administrator.’’.

22(2) CLERICAL AMENDMENT.—The analysis for23

chapter 447 of such title is further amended by add-

24

ing at the end the following:‘‘44748. Aircraft dispatching.’’.

MUR24306 DVY

S.L.C.

366
1
2

SEC. 421. CREWMEMBER PUMPING GUIDANCE.

(a) IN GENERAL.—Not later than 180 days after the

3 date of enactment of this Act, the Administrator shall
4 issue guidance to part 121 air carriers relating to the ex5 pression of milk by crewmembers on an aircraft during
6 noncritical phases of flight, consistent with the perform7 ance of the crewmember’s duties aboard the aircraft. The
8 guidance shall be equally applicable to any lactating crew9 member. In developing the guidance, the Administrator
10 shall—11(1) consider multiple methods of expressing

12

breast milk that could be used by crewmembers, in-13

cluding the use of wearable lactation technology; and

14(2) ensure the guidance will not require an air

15carrier or foreign air carrier to incur significant ex-

16

pense, such as through—

17
18
19
20
21
22
23

(A) the addition of an extra crewmember
in response to providing a break;(B) removal or retrofitting of seats on theaircraft; or(C) modification or retrofitting of an aircraft.
(b) DEFINITIONS.—In this section:

24(1) CREWMEMBER.—The term ‘‘crewmember’’25

has the meaning given such term in section 1.1 of26

title 14, Code of Federal Regulations.

MUR24306 DVY

S.L.C.

367
1(2) CRITICAL PHASES OF FLIGHT.—The term2‘‘critical phases of flight’’ has the meaning given

3such term in section 121.542 of title 14, Code of4

Federal Regulations.
(3) PART 121.—The term ‘‘part 121’’ means

56part 121 of title 14, Code of Federal Regulations.

7(c) AVIATION SAFETY.—Nothing in this section shall

8 limit the authority of the Administrator relating to avia9 tion safety under subtitle VII of title 49, United States
10 Code.
11

SEC. 422. GAO STUDY AND REPORT ON EXTENT AND EF-

12

FECTS OF COMMERCIAL AVIATION PILOT

13

SHORTAGE ON REGIONAL/COMMUTER CAR-14RIERS.

15(a) STUDY.—The Comptroller General shall conduct

16 a study to identify the extent and effects of the commercial
17 aviation pilot shortage on regional/commuter carriers (as18 such term is defined in section 41719(d) of title 49,
19 United States Code).
20(b) REPORT.—Not later than 12 months after the

21 date of enactment of this Act, the Comptroller General
22 shall submit to the appropriate committees of Congress
23 a report containing the results of the study conducted
24 under subsection (a), including recommendations for suchMUR24306 DVY

S.L.C.

368
1 legislation and administrative action as the Comptroller
2 General determines appropriate.
3

SEC. 423. REPORT ON IMPLEMENTATION OF RECOMMENDA-

4TIONS OF FEDERAL AVIATION ADMINISTRA-

5

TION YOUTH ACCESS TO AMERICAN JOBS IN

6

AVIATION TASK FORCE.

7

Not later than 2 years after the date of enactment

8 of this Act, the Secretary, acting through the Adminis9 trator, shall submit to the appropriate committees of Con10 gress a report on the implementation of the following rec11 ommendations of the Youth Access to American Jobs in
12 Aviation Task Force of the FAA established under section
13 602 of the FAA Reauthorization Act of 2018 (Public Law
14 115–254):
15
16
17
18
19

(1) Improve information access about careers inaviation and aerospace.
(2) Collaboration across regions of the FAA on
outreach and workforce development programs.
(3) Increase opportunities for mentoring, pre-20

apprenticeships, and apprenticeships in aviation.

21

SEC. 424. SENSE OF CONGRESS ON IMPROVING UNMANNED22

AIRCRAFT SYSTEM STAFFING AT FAA.

23

It is the sense of Congress that the Administrator

24 should leverage the Unmanned Aircraft System Collegiate
25 Training Initiative to address any staffing challenges andMUR24306 DVY

S.L.C.

369
1 skills gaps within the FAA to support efforts to facilitate
2 the safe integration of unmanned aircraft systems and3 other new airspace entrants into the national airspace sys4 tem.
5
6
7

SEC. 425. JOINT AVIATION EMPLOYMENT TRAINING WORKING GROUP.

(a) ESTABLISHMENT.—Not later than 120 days after

8 the date of enactment of this Act, the Secretary shall es9 tablish an interagency working group (in this section re10 ferred to as the ‘‘working group’’) to advise the Secretary
11 and the Secretary of Defense on matters and policies re12 lated to increasing awareness of the eligibility, training,
13 and experience requirements needed to become an FAA14 certified or a military-covered aviation professional in
15 order to improve career transitions between the military
16 and civilian workforces.
17(b) MEMBERSHIP.—

18(1) IN19

consist of—

GENERAL.—The

working group shall20(A) 2 co-chairs described in paragraph (2);21

(B) not less than 6 representatives of the

22

FAA, to be appointed by the co-chair described23

in paragraph (2)(A); and24(C) not less than 1 representative of each

25

component of the armed forces (as such term isMUR24306 DVY

S.L.C.

370
1

defined in section 101 of title 10, United States2Code), to be appointed by the co-chair described3

in paragraph (2)(B).

4(2) CO-CHAIRS.—The working group shall be

5co-chaired by—

6(A) a representative of the Department of

7

Transportation, to be appointed by the Sec-8

retary; and9(B) a representative of the Department of

10

Defense, to be appointed by the Secretary of

11

Defense.

12(c) ACTIVITIES.—The working group shall—

13(1) evaluate and compare all eligibility, train-

14

ing, and experience requirements for individuals in-

15

terested in becoming FAA-certified, or serving in the16

armed forces, as covered aviation professionals, in-17cluding agency policies, guidance, and orders affect-18

ing covered aviation professionals;

19(2) identify challenges that inhibit recruitment,

20

training,

andretention

within21

workforces of such professionals;

therespective

22(3) assess methods to improve outreach, en-23

gagement, and awareness of eligibility, training, and24experience requirements needed to enter careers of25

covered aviation professionals;

MUR24306 DVY

S.L.C.

371
1(4) consult with representatives from nonprofit

2

organizations supporting veterans and representa-

3

tives from aviation industry organizations rep-4

resenting covered aviation professionals in the devel-5

opment of recommendations required pursuant to

6subsection (d)(2)(B); and7(5) identify opportunities for increased inter-8

agency information sharing across workforces on

9matters related to certification pathways, including

10

knowledge testing, affecting covered aviation profes-

11

sionals.

12(d) INITIAL REPORT TO CONGRESS.—

13(1) IN GENERAL.—Not later than 1 year after14

the date on which the Secretary establishes the15

working group, the working group shall submit to16

the covered committees of Congress an initial report17

on the activities of the working group.

1819(2) CONTENTS.—The report required underparagraph (1) shall include—

20(A) a detailed description of the findings of21

the working group pursuant to the activities re-22

quired under subsection (c), including feedback

23

offered by representatives described in sub-24

section (c)(4); andMUR24306 DVY

S.L.C.

372
1(B) recommendations for regulatory, pol-2icy, or legislative action to improve awareness3of the eligibility, training, and experience re-4quirements needed to become FAA-certified or5

military-covered aviation professionals across6

the civilian and military workforces.

7(e) ANNUAL REPORTING.—Not later than 1 year

8 after the date on which the working group submits the
9 initial report under subsection (d), and annually there10 after, the working group shall submit to the covered com11 mittees of Congress a report—(1) describing the continued activities of the12
13

working group;14(2) describing any progress made by the Sec-15

retary or Secretary of Defense in implementing the16

recommendations described in subsection (d)(2)(B);

17

and

18

(3) containing any other recommendations the19

working group may have with respect to efforts to20

improve the employment and training of covered

21

aviation professionals in the civilian and military

22

workforces.

23(f) SUNSET.—The working group shall terminate on

24 the date that is 4 years after the date on which the work-MUR24306 DVY

S.L.C.

373
1 ing group submits the initial report to Congress pursuant
2 to subsection (d).
3(g) DEFINITIONS.—In this section:(1) COVERED

4
5

The

term

6

means—

committeesofCongress’’

the House of Representatives;(B) the Committee on Armed Services of

910‘‘covered(A) the Committee on Armed Services of7
8

COMMITTEES OF CONGRESS.—

the Senate;

11(C) the Committee on Transportation and

12

Infrastructure of the House of Representatives;

13

and

14

(D) the Committee on Commerce, Science,15

and Transportation of the Senate.

16(2) COVERED AVIATION PROFESSIONAL.—The

17

term ‘‘covered aviation professional’’ means—18(A) an airman;

19(B) an aircraft maintenance and repair

20

technician;21(C) an air traffic controller; and22(D) any other aviation-related professional

23

that has comparable tasks and duties across the24

civilian and military workforces, as determined

25

jointly by the co-chairs of the working group.

MUR24306 DVY

S.L.C.

374
1

SEC. 426. MILITARY AVIATION MAINTENANCE TECHNI-

2
3

CIANS RULE.

(a) STREAMLINED CERTIFICATION FOR ELIGIBLE

4 MILITARY MAINTENANCE TECHNICIANS.—
5(1) RULEMAKING.—Not later than 18 months

6

after the date of enactment of this Act, the Adminis-

7

trator shall issue a notice of proposed rulemaking to8revise part 65 of title 14, Code of Federal Regula-

9

tions, to—10(A) create a military mechanic written

11

competency test that addresses gaps between

12

military and civilian experience; and

13(B) develop, as necessary, a relevant Air-14

man Certification Standard to qualify eligible

15

military maintenance technicians for a civilian

16mechanic certificate with airframe or power-

17

plant ratings.

18(2) CONSIDERATION.—In carrying out para-

19

graph (1), the Administrator shall evaluate and con-20

sider—

21(A) whether to allow a certificate of eligi-

22bility from the Joint Services Aviation Mainte-

23

nance Technician Certification Council (in this24

section referred to as the ‘‘JSAMTCC’’) evi-

25

dencing completion of a training curriculum for26

any rating sought to serve as a substitute toMUR24306 DVY

S.L.C.

375
1

fulfill the requirement under such part 65 for2oral and practical tests administered by a des-3

ignated mechanic examiner for eligible military

4

maintenance technicians;

5(B) aeronautical knowledge subject areas

6

contained in the Aviation Mechanic General,

7

Airframe, and Powerplant Airman Certification

8

Standards as described in section 65.75 of title

914, Code of Federal Regulations, as appro-

10

priate, to the rating sought; and11(C) any applicable recommendations by the12

Aviation Rulemaking Advisory Committee Air-13

man Certification System Working Group.

14(b) EXPANSION OF TESTING LOCATIONS.—Not later

15 than 1 year after the date of enactment of this Act, the16 Administrator, in consultation with the Secretary of De17 fense and the Secretary of Homeland Security, shall deter18 mine—
19(1) whether an expansion of the number of ac-

20

tive testing locations operated within military instal-

21

lation testing centers would increase access to test-

22

ing; and2324(2) how to implement such expansion.
(c) OUTREACH AND AWARENESS.—Not later than 1

25 year after the date of enactment of this Act, the Adminis-MUR24306 DVY

S.L.C.

376
1 trator, in coordination with the Secretary of Defense, the2 Secretary of Veterans Affairs, and the Secretary of Home3 land Security, shall develop a plan to increase outreach
4 and awareness regarding services made available by the
5 JSAMTCC and how such services can assist in facilitating
6 the transition between military and civilian aviation main7 tenance careers.
8(d) BRIEFINGS.—

9(1) INITIAL BRIEFING.—Not later than 180

10days after the date on which the Administrator de-

11velops the outreach and awareness plan pursuant to

12subsection (c), the Administrator shall provide to the13

Committee on Commerce, Science, and Transpor-

14

tation and the Committee on Veterans’ Affairs of

15

the Senate and the Committee on Transportation

16

and Infrastructure and the Committee on Veterans’17

Affairs of the House of Representatives a briefing on

18

the activities planned to implement the outreach and19awareness plan.

20(2) PERIODICBRIEFING.—Notlater than 2

21years after the date of enactment of this Act, and22

2 years thereafter, the Administrator shall provide

23

to the Committee on Commerce, Science, and Trans-

24

portation and the Committee on Veterans’ Affairs of

25

the Senate and the Committee on Transportation

MUR24306 DVY

S.L.C.

377
1

and Infrastructure and the Committee on Veterans’2

Affairs of the House of Representatives a briefing on3

any rulemaking activities carried out pursuant to4subsection (a), including a timeline for the issuance5of a final rule.

6(e) ELIGIBLE MILITARY MAINTENANCE TECHNICIAN

7 DEFINED.—For purposes of this section, the term ‘‘eligi8 ble military maintenance technician’’ means an individual
9 who—
10(1) has been a maintenance technician during

11

service in the armed forces who was honorably dis-12

charged or has retired from the armed forces (as de-13

fined in section 101 of title 10, United States Code);14(2) presents an official record of service in the15

armed forces confirming that the individual has been16

a military aviation maintenance technician, holding

17

an appropriate Military Occupational Specialty

18

Code, as determined by the Administrator, in coordi-

19

nation with the Secretary of Defense; and20(3) presents documentary evidence of experience21

in accordance with the requirements under section

22

65.77 of title 14, Code of Federal Regulations.

23
24

SEC. 427. CREWMEMBER SELF-DEFENSE TRAINING.

Section 44918 of title 49, United States Code, is

25 amended—MUR24306 DVY

S.L.C.

378
1(1) in subsection (a) by—

2(A) in paragraph (1) by inserting ‘‘and un-3

ruly passenger behavior’’ before the period at4

the end;56(B) in paragraph (2)—(i) by striking subparagraph (A) and7

inserting the following:

8‘‘(A) Recognize suspicious behavior and ac-

9tivities and determine the seriousness of any oc-

10currence of such behavior and activities.’’;11(ii) by striking subparagraph (H) and

12

inserting the following:

13‘‘(H) De-escalation training based on rec-14

ommendations issued by the Air Carrier Train-15

ing Aviation Rulemaking Committee.’’;16(iii) by redesignating subparagraphs

17(I) and (J) as subparagraphs (J) and (K),18

respectively; and19(iv) by inserting after subparagraph

20(H) the following:

21‘‘(I) Methods to subdue and restrain an ac-

22
23
24

tive attacker.’’;(C) by striking paragraph (4) and inserting the following:MUR24306 DVY

S.L.C.

379
1‘‘(4) MINIMUMSTANDARDS.—Notlater than2

180 days after the date of enactment of the FAA

3

Reauthorization Act of 2024, the Administrator of4

the Transportation Security Administration, in con-5

sultation with the Federal Air Marshal Service and6

the Aviation Security Advisory Committee, shall es-

7tablish minimum standards for—

8
9
10
11
12
13

‘‘(A) the training provided under this subsection and any for recurrent training; and‘‘(B) the individuals or entities providing
such training.’’; and(D) in paragraph (6)—(i) in the first sentence—

14(I) by inserting ‘‘and the Federal

15

Air Marshal Service’’ after ‘‘consulta-

16

tion with the Administrator’’;17(II) by striking ‘‘and periodically18

shall’’ and inserting ‘‘and shall peri-

19

odically’’; and20(III) by inserting ‘‘based on

21changes in the potential or actual

22

threat conditions’’ before the period at23

the end; and24(ii) in the third sentence by inserting25‘‘, including self-defense training expertiseMUR24306 DVY

S.L.C.

380
1

and experience’’ before the period at the2end; and(2) in subsection (b)—34(A) in paragraph (4) by striking ‘‘Neither’’5

and inserting ‘‘Except as provided in paragraph

6(8), neither’’; and7(B) by adding at the end the following:

8‘‘(8) AIR CARRIER ACCOMMODATION.—An air

9carrier with a crew member participating in the

10

training program under this subsection shall provide

11

a process through which each such crew member

12

may obtain reasonable accommodations.’’.

13
14

SEC. 428. DIRECT-HIRE AUTHORITY UTILIZATION.

(a) IN GENERAL.—The Administrator shall utilize di-

15 rect hire authorities (as such authorities existed on the
16 day before the date of enactment of this Act) to hire indi17 viduals on a non-competitive basis for positions related to
18 aircraft certification and aviation safety. In utilizing such
19 authorities, the Administrator shall take into consider20 ation any staffing gaps in the safety workforce of the
21 FAA, including in positions supporting the safe integra22 tion of unmanned aircraft systems and other new airspace
23 entrants.
24(b) CONGRESSIONAL BRIEFING.—Not later than 180

25 days after the date of enactment of this Act, and annuallyMUR24306 DVY

S.L.C.

381
1 thereafter through 2028, the Administrator shall brief the
2 appropriate committees of Congress on the—34(1) utilization of the Administrator of directhire authorities described in subsection (a);5(2) utilization of the Administrator of direct-

6

hire authorities with respect to the Unmanned Air-

7

craft System Collegiate Training Initiative of the8

FAA; and9(3) number of employees hired as a result of10

the utilization of such authorities by the Adminis-

11

trator, the relevant lines of business or offices in12

which such employees were hired, and the occupa-

13

tional series of the positions filled.

14

SEC. 429. FAA WORKFORCE REVIEW AUDIT.

15(a) IN GENERAL.—Not later than 90 days after the

16 date of enactment of this Act, the inspector general of the
17 Department of Transportation shall initiate an audit of
18 any FAA workforce plans completed during the 5 fiscal
19 years preceding the fiscal year in which such audit is initi20 ated related to occupations the agency relies on to accom21 plish its aviation safety mission.
22(b) CONTENTS.—In conducting the audit under sub-23 section (a), the inspector general shall—

MUR24306 DVY

S.L.C.

382
1(1) identify whether any safety-critical positions

2

have not been reviewed within the period specified in

3

subsection (a);4(2) assess staffing levels and workforce reten-

5tion trends relating to safety-critical occupations

6

within all offices of the FAA that support such serv-

7

ices;

8

(3) review FAA workforce gaps in safety-critical9and senior positions, including the average vacancy

10

period of such positions during the most recent fis-11

cal year in the period specified in subsection (a);12(4) evaluate any applicable assessments of the13historic workload of safety-critical positions and14changes in workload demands over time;15(5) analyze any applicable assessments of crit-

16

ical competencies and skills gaps among safety-crit-

17

ical positions conducted by the FAA and any rel-18

evant agency actions in response;

19(6) review whether existing FAA workforce de-20

velopment programs are producing intended results,

21

especially in rural communities, such as increased

22

recruitment and retention of agency personnel; and

23(7) review opportunities (as such opportunities

24

exist on the date of enactment of this Act) for em-

25ployees of the FAA to gain or enhance expertise,MUR24306 DVY

S.L.C.

383
1knowledge, skills, and abilities through cooperative2

training with appropriate aerospace companies and3organizations, including—4(A) assessing the appropriateness of exist-5

ing cooperative training programs and any con-6

flicts of interest or the appearance of such con-7

flicts with FAA policies and obligations relating8

to FAA employee interactions with aviation in-

9

dustry;10(B) identifying a means by which to lever-11

age such programs to support credentialing and12recurrent training activities for FAA employees,

13

as appropriate;

14(C) assessing the policies and procedures

15

the FAA has established to avoid both conflicts

16

of interest and the appearance of such conflicts

17

for employees participating in such opportuni-

18

ties, which may include requirements under—

19
20
21
22
23
24

(i) chapter 131 of title 5, UnitedStates Code;(ii) chapter 11 of title 18, UnitedStates Code;(iii) subchapter B of chapter XVI of
title 5, Code of Federal Regulations; andMUR24306 DVY

S.L.C.

3841(iv) sections 2635.101 and 2635.502

2of title 5, Code of Federal Regulations;

3

and

4

(D) evaluating whether the conflict of in-

5terest policies and procedures of the FAA for

6such opportunities provide for the appropriate

7

means by which employees return to work at

8

the FAA after having engaged in such opportu-

9nities.

10(c) INSPECTOR GENERAL REPORT.—Not later than

11 1 year after the date of enactment of this Act, the inspec12 tor general shall submit to the Administrator and the ap13 propriate committees of Congress—
1415(1) a report on the results of the audit conducted under subsection (a); and16(2) recommendations for such legislative and17administrative action as the inspector general deter-18

mines appropriate.

19
20
21

SEC. 430. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.

(a) IN GENERAL.—Not later than 2 years after the

22 date of enactment of this Act, the Administrator shall re23 view and, as necessary, revise the staffing model for avia24 tion safety inspectors.
25(b) REQUIREMENTS.—MUR24306 DVY

S.L.C.

385
1(1) CONSIDERATION OF PRIOR STUDIES AND

2REPORTS.—In reviewing and revising the model, the3Administrator shall take into consideration the con-4

tents and recommendations contained in the fol-5lowing:

6(A) The 2006 report released by the Na-

7tional Research Council titled ‘‘Staffing Stand-8

ards for Aviation Safety Inspectors’’.

9(B) The 2007 study released by the Na-

10tional Academy of Sciences titled ‘‘Staffing

11Standards for Aviation Safety Inspectors’’.

12(C) The 2013 report released by Grant

13

Thornton LLP, titled ‘‘ASTARS Gap Analysis

14

Study: Comparison of the AVS Staffing Model

15

for Aviation Safety Inspectors to the National

16

Academy of Sciences’ Recommendations Final

17

Report’’.

18(D) The 2021 report released by the in-19

spector general of the Department of Transpor-

20

tation titled ‘‘FAA Can Increase Its Inspector

21

Staffing Model’s Effectiveness by Implementing

22

System Improvements and Maximizing Its Ca-

23pabilities’’.

24(E) The FAA Fiscal Year 2023 Aviation

25

Safety Workforce Plan conducted to satisfy theMUR24306 DVY

S.L.C.

386
1

requirements of section 104 of the Aircraft Cer-2tification, Safety, and Accountability Act, as en-

3

acted in the Consolidated Appropriations Act,

42021 (49 U.S.C. 44701 note).

5(2) ASSESSMENTS.—In carrying out this sec-

6
7
8
9
10

tion, the Administrator shall assess the following:(A) Projected staffing needs at the service
and office level.
(B) Forecasted attrition of the aviation
safety inspector workforce.

11(C) Forecasted workload of aviation safety

12inspectors, including responsibilities associated13with overseeing aviation manufacturers and new

14

airspace entrants.

15(D) Means by which field managers use

16

the model to assess aviation safety inspector

17

staffing and provide feedback on resources18

needed at the office level.

19(E) Work performed by aviation safety in-20

spectors in comparison to designees acting on

21

behalf of the Administrator.

22(F) Any associated performance metrics to23

inform periodic comparisons to actual aviation

24

safety inspector staffing level results.

MUR24306 DVY

S.L.C.

387
1(3) CONSULTATION.—In carrying out this sec-2

tion, the Administrator shall consult with interested

3

persons, including the exclusive collective bargaining

4

representative for aviation safety inspectors certified

5

under section 7111 of title 5, United States Code.

6
7

SEC. 431. SAFETY-CRITICAL STAFFING.

(a) IMPLEMENTATION OF STAFFING STANDARDS FOR

8 SAFETY INSPECTORS.—Upon completion of the revised
9 staffing model for aviation safety inspectors under section
10 430, and validation of the model by the Administrator,
11 the Administrator shall take all appropriate actions in re12 sponse to the number of aviation safety inspectors, avia13 tion safety technicians, and operation support positions
14 that are identified in such model to meet the responsibil15 ities of the Flight Standards Service and Aircraft Certifi16 cation Service, including potentially increasing the number
17 of safety critical positions in the Flight Standards Service
18 and Aircraft Certification Service each fiscal year, as ap19 propriate, so long as such staffing increases are measured
20 relative to the number of individuals serving in safety-crit21 ical positions as of September 30, 2023.
22(b) AVAILABILITY OF APPROPRIATIONS.—Any in-

23 crease in safety critical staffing pursuant to this sub24 section shall be subject to the availability of appropria25 tions.

MUR24306 DVY

S.L.C.

3881(c) SAFETY-CRITICAL POSITIONS DEFINED.—In this2 section, the term ‘‘safety-critical positions’’ means—
3(1) aviation safety inspectors, aviation safety

4specialists (1801 job series), aviation safety techni-

5cians, and operations support positions in the Flight

6

Standards Service; and7(2) manufacturing safety inspectors, pilots, en-8gineers, Chief Scientist Technical Advisors, aviation

9

safety specialists (1801 job series), safety technical

10

specialists, and operational support positions in the11

Aircraft Certification Service.

12
13

SEC. 432. DETERRING CREWMEMBER INTERFERENCE.

(a) TASK FORCE.—

14(1) IN GENERAL.—Not later than 120 days

15

after the date of enactment of this Act, the Adminis-

16

trator shall convene a task force to develop voluntary

17

standards and best practices relating to suspected18

violations of sections 46318, 46503, and 46504 of

19

title 49, United States Code, including—

20
21
22
23

(A) proper and consistent incident documentation and reporting techniques;(B) best practices for flight crew and cabincrew response, including de-escalation;

24(C) improved coordination between stake-25

holders, including flight crew and cabin crew,MUR24306 DVY

S.L.C.

3891

airport staff, other Federal agencies as appro-2

priate, and law enforcement; and3(D) appropriate enforcement actions.

4(2) MEMBERSHIP.—The task force convened

5

under paragraph (1) shall be comprised of represent-

6

atives of—

7(A) air carriers;

8(B) airport sponsors and airport law en-

9
10
11
12
13
14

forcement agencies;(C) other Federal agencies determined necessary by the Administrator;(D) labor organizations representing air
carrier pilots;(E) labor organizations representing flight15

attendants; and

16

(F)

labor

organizations

representing

17

ticketing, check-in, or other customer service

18

representatives employed by air carriers.

19(b) ANNOUNCEMENTS.—Not later than 90 days after

20 the date of enactment of this Act, the Administrator shall21 initiate such actions as may be necessary to include in the
22 briefing of passengers before takeoff required under sec23 tion 121.571 of title 14, Code of Federal Regulations, a
24 statement informing passengers that it is against Federal

MUR24306 DVY

S.L.C.

390
1 law to assault or threaten to assault any individual on an
2 aircraft or interfere with the duties of a crewmember.
3(c) DEFINITIONS.—For purposes of this section, the4 definitions in section 40102(a) of title 49, United States
5 Code, shall apply to terms in this section.
6
7

SEC. 433. USE OF BIOGRAPHICAL ASSESSMENTS.

Section 44506(f)(2)(A) of title 49, United States

8 Code, is amended by striking ‘‘paragraph (1)(B)(ii)’’ and9 inserting ‘‘paragraph (1)(B)’’.
10

SEC. 434. EMPLOYEE ASSAULT PREVENTION AND RE-

11

SPONSE PLAN STANDARDS AND BEST PRAC-

12TICES.

13(a) SENSE OF CONGRESS.—It is the sense of Con-

14 gress that—15(1) each air carrier operating under part 121 of

16

title 14, Code of Federal Regulations, shall submit

17

to the Administrator an Employee Assault Preven-18

tion and Response Plan pursuant to section 551 of

19

the FAA Reauthorization Act of 2018 (49 U.S.C.

20

44903 note);

21(2) each such air carrier should have in place22

and deploy an Employee Assault Prevention and Re-

23

sponse Plan to facilitate appropriate protocols,

24

standards, and training to equip employees with best25

practices and the experience necessary to respond ef-

MUR24306 DVY

S.L.C.

391
1

fectively to hostile situations and disruptive behavior

2

and maintain a safe traveling experience; and3(3) any air carrier formed after the date of en-

4

actment of this Act should develop and implement

5

an Employee Assault Prevention and Response Plan.

6(b) REQUIRED BRIEFING.—Section 551 of the FAA

7 Reauthorization Act of 2018 (49 U.S.C. 44903 note) is
8 amended by adding at the end the following:
9‘‘(f) BRIEFING TO CONGRESS.—Not later than 90

10 days after the date of enactment of this subsection, the11 Administrator of the Federal Aviation Administration
12 shall provide to the appropriate committees of Congress
13 a briefing on the Employee Assault Prevention and Re14 sponse Plan submitted by each air carrier pursuant to this15 section.’’.
16
17
18

SEC. 435. FORMAL POLICY ON SEXUAL ASSAULT AND HARASSMENT ON AIR CARRIERS.

(a) IN GENERAL.—Not later than 180 days after the

19 date of enactment of this Act, passenger air carriers oper20 ating under part 121 of title 14, Code of Federal Regula21 tions, shall issue, in consultation with labor unions rep22 resenting personnel, a formal policy with respect to sexual
23 assault or harassment incidents.
24(b) CONTENTS.—Each policy required under sub-25 section (a) shall include—MUR24306 DVY

S.L.C.

392
1(1) a statement indicating that no sexual as-2

sault or harassment incident is acceptable under any

3circumstance;45(2) procedures that facilitate the reporting of asexual assault or harassment incident, including—(A) appropriate public outreach activities;

6
7
8

and
(B) confidential phone and internet-based

9

opportunities for reporting;

10(3) procedures that personnel should follow

11

upon the reporting of a sexual assault or harassment

12

incident, including actions to protect affected indi-

13

viduals from continued sexual assault or harassment

14

and to notify law enforcement, including the Federal

15

Bureau of Investigation, when appropriate;

16(4) procedures that may limit or prohibit, to the17extent practicable, future travel with the air carrier18

by any passenger who commits a sexual assault or

19

harassment incident; and20(5) training that is required for all appropriate

21

personnel with respect to each such policy, including

22

specific training for personnel who may receive re-23

ports of sexual assault or harassment incidents.

24(c) PASSENGER INFORMATION.—An air carrier de-

25 scribed in subsection (a) shall display, on the website ofMUR24306 DVY

S.L.C.

393
1 the air carrier and through the use of appropriate signage,
2 a written statement that informs passengers and per3 sonnel of the procedure for reporting a sexual assault or
4 harassment incident.
5(d) STANDARD OF CARE.—Compliance with the re-6 quirements of this section, and any policy issued there7 under, shall not determine whether the air carrier de8 scribed in subsection (a) has acted with any requisite
9 standard of care.
10(e) RULES OF CONSTRUCTION.—

11(1) AFFECT ON AUTHORITIES.—Nothing in this12

section shall be construed as granting the Secretary13

any additional authorities beyond ensuring that pas-

14

senger air carrier operating under part 121 of title

15

14, Code of Federal Regulations issues a formal pol-16

icy and displays required information in compliance17with this section.

18(2) AFFECT ON OTHER LAWS.—Nothing in this19

section shall be construed to alter existing authori-

20

ties of the Equal Employment Opportunity Commis-

21

sion, the Department of Labor, or the Department

22of Justice to enforce applicable employment and sex-

23

ual assault and sexual harassment laws.

24(f) DEFINITIONS.—In this section:

MUR24306 DVY

S.L.C.

394
1(1) PERSONNEL.—The term ‘‘personnel’’ means

2

an employee or contractor of passenger air carrier

3

operating under part 121 of title 14, Code of Fed-4eral Regulations.

5(2) SEXUAL ASSAULT.—The term ‘‘sexual as-

6

sault’’ means the occurrence of an act that con-7

stitutes any nonconsensual sexual act proscribed by

8

Federal, tribal, or State law, including when the vic-

9

tim lacks capacity to consent.

10(3) SEXUAL ASSAULT OR HARASSMENT INCI-

11

DENT.—The term ‘‘sexual assault or harassment in-

12cident’’ means the occurrence, or reasonably sus-

13pected occurrence, of an act that—

14
15
16

(A) constitutes sexual assault or sexual
harassment; and(B) is committed—

17(i) by a passenger or personnel

18

against another passenger or personnel;

19

and

20

(ii) within an aircraft or in an area in21

which passengers are entering or exiting

22

an aircraft.

MUR24306 DVY

S.L.C.

395
1

SEC. 436. INTERFERENCE WITH SECURITY SCREENING

2

PERSONNEL.

Section 46503 of title 49, United States Code, is3

4 amended—(1) by striking ‘‘An individual’’ and inserting

5
6

the following:

7‘‘(a) IN GENERAL.—An individual’’; and(2) by adding at the end the following:

8‘‘(b) AIRPORT AND AIR CARRIER EMPLOYEES.—For

9

10 purposes of this section, an airport or air carrier employee
11 who has security duties within the airport includes an air12 port or air carrier employee performing ticketing, check13 in, baggage claim, or boarding functions.’’.
14

SEC. 437. AIR TRAFFIC CONTROL WORKFORCE STAFFING.

(a) MAXIMUM HIRING.—Subject to the availability of

15

16 appropriations, for each of fiscal years 2024 through17 2028, the Administrator shall set as the minimum hiring
18 target for new air traffic controllers (excluding individuals
19 described in section 44506(f)(1)(A) of title 49, United
20 States Code) the maximum number of individuals able to
21 be trained at the Federal Aviation Administration Acad22 emy.
2324(b) TRANSPORTATION RESEARCH BOARD ASSESSMENT.—

25(1) REVIEW.—Not later than 30 days after the26

date of enactment of this Act, the Administrator

MUR24306 DVY

S.L.C.

396
1

shall submit an attestation to the appropriate com-2

mittees of Congress demonstrating an agreement en-3

tered into with the with the National Academies

4

Transportation Research Board to—5(A) compare the Certified Professional

6

Controller (in this section referred to as

7‘‘CPC’’) operational staffing models and meth-8

odologies in determining the FAA Controller

9

Staffing Standard included in the 2023 Air

10

Traffic Controller Workforce Plan of the FAA,

11

with such models and methodologies developed

12by the Collaborative Resource Workgroup of the

13

FAA

14

‘‘CRWG’’) to determine CPC operational staff-

15

ing targets necessary to meet facility oper-

16

ational, statutory, contractual and safety re-17

quirements, including—

18
19

(in

this

subsectionreferredtoas(i) the availability factor multiplierand other formula components;

20(ii) the independent facility staffing

21

targets of certified professional controllers

22able to control traffic;

2324(iii) air traffic controller position utilization;

MUR24306 DVY

S.L.C.

397
1(iv) attrition rates at each air traffic2

control facility operated by the Administra-

3tion; and4(v) the time needed to meet facility

5

operational, statutory, and contractual re-6quirements, including relevant resources to7develop, evaluate, and implement processes

8and initiatives affecting the national air-9

space system;

10(B) examine the current and estimated11budgets of the FAA to implement the FAA

12Controller Staffing Standard included in the132023 Controller Workforce Plan in comparison

14

to the funding needed to implement the CRWG

15

CPC operational staffing targets;

16(C) assess future needs of the air traffic

17

control system and potential impacts on staffing

18

standards, including projected air traffic in the19airspace of each air traffic control facility oper-

20

ated by the Administration; and21(D) determine which staffing models and22

methodologies evaluated pursuant to this sub-23

section best accounts for the operational staff-

24

ing needs of the air traffic control system and25

provide a justification for such determination.

MUR24306 DVY

S.L.C.

398
1(2) REPORT.—Not later than 180 days after2

the agreement entered into pursuant to paragraph3(b)(1), the Transportation Research Board of the4

National Academies shall submit a report to the Ad-

5ministrator and appropriate committees of Congress

6

on the findings and recommendations under this7

subsection, including the determination pursuant to

8

subparagraph (D).

9(3) CONSULTATION.—In conducting the assess-10

ment under this subsection, the Transportation Re-

11

search Board shall consult with—

12(A) the exclusive bargaining representa-

13

tives of air traffic control specialists of the Ad-

14

ministration certified under section 7111 of

15

title 5, United States Code;

16
17
18

(B) front line managers of the air traffic
control system;(C) managers and employees responsible

19

for training air traffic controllers;

20(D) the MITRE Corporation;

21(E) the Chief Operating Officer of the Air

22

Traffic Organization of the FAA, and other23

Federal Government representatives;

2425(F) users and operators in the air traffic
control system;MUR24306 DVY

S.L.C.

399
1(G) relevant industry representatives; and2(H) other parties determined appropriate

3by the Transportation Research Board of the4

National Academies.

5(c) REQUIRED IMPLEMENTATIONOFIDENTIFIED

6 STAFFING MODEL.—
7(1) USE OF STAFFING MODEL.—The Adminis-

8

trator shall, as appropriate, take such action that9

may be necessary to implement and use the staffing

10

model identified by the Transportation Research

11

Board pursuant to subsection (b)(1)(D), including

12

any recommendations for improving such model, not13later than one year after enactment of this Act.

14(2) BRIEFING.—Not later than 90 days after

15

taking such actions to implement and use the staff-

16

ing model identified by the Transportation Research

17

Board pursuant to subsection (b)(1)(D), the Admin-

18

istrator shall brief the appropriate committees of

19

Congress regarding the reasons for why any rec-20

ommendation by the Transportation Research Board

21

study was not incorporated into the implemented

22

staffing model.

23(d) REVISED STAFFING STANDARDS.—The Adminis-

24 tration shall revise the FAA CPC operational staffingMUR24306 DVY

S.L.C.

400
1 standards of the Administration implemented under sub2 section (c) to—3(1) provide that the controller and management

4

workforce is sufficiently staffed to safely and effi-

5ciently manage and oversee the air traffic control

6system;7(2) account for the target number of certified

8

professional controllers able to control traffic at each9

independent facility; and

10(3) avoid any required or requested reduction of

11

national airspace system capacity or aircraft oper-

12

ations as a result of inadequate air traffic control

13

system staffing.

14(e) INTERIM ADOPTION OF COLLABORATIVE RE-

15

SOURCE WORKGROUP MODELS.—

16(1) IN GENERAL.—In submitting a Controller

17

Workforce Plan of the FAA to Congress published18

after the date of enactment of this Act, the Adminis-

19

trator shall adopt and use the staffing models and20

methodologies developed by the Collaborative Re-

21

source Workgroup that were recommended in the

222023 Controller Workforce Plan.

23(2) REVISIONS TO THE CONTROLLER WORK-

24

FORCE PLAN.—Section 44506(e) of title 49, United

25

States Code is amended—MUR24306 DVY

S.L.C.

4011(A) in paragraph (1) by striking ‘‘the num-2

ber of air traffic controllers needed’’ and insert-3

ing ‘‘the number of fully certified air traffic

4

controllers needed’’;5(B) by redesignating paragraphs (2) and6(3) as paragraphs (3) and (4), respectively; and7(C) by inserting after paragraph (1) the8

following:

9‘‘(2) for each air traffic control facility operated

10

by the Federal Aviation Administration—‘‘(A) the current certified professional con-

11
12

troller staffing levels;‘‘(B) the operational staffing targets for

13
14

certified professional controllers;

15‘‘(C) the anticipated certified professional

16

controller attrition for each of the next 3 years;

17

and

18

‘‘(D) the number of certified professional

19

controller trainees;’’.

20(3) EFFECTIVE DATE.—This subsection and the21amendments made by this subsection shall cease to22

be effective upon the adoption and implementation

23of a revised staffing model by the Administrator as

24

required under subsection (c).

MUR24306 DVY

S.L.C.

402
1(f) CONTROLLER TRAINING.—In any Controller

2 Workforce Plan of the FAA published after the date of
3 enactment of this Act, the Administrator shall—
4(1) identify all limiting factors on the ability of5

the Administrator to hire and train controllers in

6line with the staffing standards target set out in

7

such Plan; and

8(2) describe what actions the Administrator in-9

tends to take to rectify any impediments to meeting10

staffing standards targets and identify contributing

11

factors that are outside the control of the Adminis-

12

trator.

13
14

SEC. 438. AIRPORT SERVICE WORKFORCE ANALYSIS.

(a) IN GENERAL.—Not later than 1 year after the

15 date of enactment of this Act, the Comptroller General
16 shall complete a comprehensive review of the domestic air17 port service workforce and examine the role of, impact on,
18 and importance of such workforce to the aviation economy.
19(b) WORKING GROUP.—

20(1) REPORT.—Upon completion of the review

21

required under subsection (a), the Comptroller Gen-22

eral shall submit to the Secretary a report con-23

taining such review.

MUR24306 DVY

S.L.C.

403
1(2) PUBLIC WORKING GROUP.—The Secretary2

may convene a public working group to evaluate and3

discuss the report under paragraph (1) containing—

4(A) the entities the Comptroller General5

consulted with in carrying out the review under

6

subsection (a);(B) representatives of other relevant Fed-78eral agencies; and9(C) any other appropriate stakeholder.

10(3) TERMINATION.—If the Secretary convenes a11working group under paragraph (2), such working

12group shall terminate on the date that is 1 year

13

after the date on which the working group is con-14

vened.

15

SEC. 439. FEDERAL AVIATION ADMINISTRATION ACADEMY16

AND FACILITY EXPANSION PLAN.

17(a) PLAN.—

18(1) IN GENERAL.—No later than 90 days after

19

the date of enactment of this Act, the Administrator

20

shall initiate the development of a plan to expand

21

overall FAA capacity relating to facilities, instruc-22tion, equipment, and training resources to grow the23

number of developmental air traffic controllers en-

24rolled per fiscal year and support increases in FAA

MUR24306 DVY

S.L.C.

4041

air controller staffing to advance the safety of the2national airspace system.

3(2) CONSIDERATIONS.—In developing the plan4

under paragraph (1), the Administrator shall con-5

sider—

6(A) the resources needed to support an in-

7

crease in the total number of developmental air

8traffic controllers enrolled at the FAA Acad-

9

emy;

10
11

(B) the resources needed to lessen FAA
Academy attrition per fiscal year;

12(C) how to modernize the education and13

training of developmental air traffic controllers,

14

including through the use of new techniques15

and technologies to support instruction;

16(D) the equipment needed to support ex-

17

panded instruction, including air traffic control

18

simulation systems, virtual reality, and other19

virtual training platforms;

20(E) projected staffing needs associated21with FAA Academy expansion and the oper-

22

ation of education platforms, including the23

number of on-the-job instructors needed to edu-

24

cate and train additional developmental air traf-

25

fic controllers;MUR24306 DVY

S.L.C.

405
1(F) the costs of expanding FAA capacity

2

at the existing air traffic control academy (as3described in paragraph (1)(A));4(G) soliciting input from, and coordinating

5

with, relevant stakeholders as appropriate, in-6

cluding the exclusive bargaining representative

7of air traffic control specialists of the FAA cer-8

tified under section 7111 of title 5, United

9States Code; and

10(H) other logistical and financial consider-11

ations as determined by appropriate the Admin-

12

istrator.

13(b) REPORT.—Not later than 1 year after the date

14 of enactment of this Act, the Administrator shall submit
15 to the appropriate committees of Congress the plan devel16 oped under subsection (a).
17(c) BRIEFING.—Not later than 180 days after the

18 submission of the plan under subsection (b), the Adminis19 trator shall brief the appropriate committees of Congress
20 on the plan, including the implementation of the plan.
21
22
23

SEC. 440. IMPROVING FEDERAL AVIATION WORKFORCE DEVELOPMENT PROGRAMS.

(a) IN GENERAL.—Section 625 of the FAA Reau-

24 thorization Act of 2018 (49 U.S.C. 40101 note) is amend25 ed to read as follows:MUR24306 DVY

S.L.C.

406
1‘‘SEC. 625. AVIATION WORKFORCE DEVELOPMENT PRO-

2
3

GRAMS.

‘‘(a) IN GENERAL.—The Secretary of Transportation

4 shall establish—
5‘‘(1) a program to provide grants for eligible

6

projects to support the education and recruitment of

7

future aircraft pilots and the development of the air-8

craft pilot workforce;9‘‘(2) a program to provide grants for eligible

10

projects to support the education and recruitment of

11

aviation maintenance technical workers and the de-12velopment of the aviation maintenance workforce;

13

and

14

‘‘(3) a program to provide grants for eligible

15

projects to support the education and recruitment of

16

aviation manufacturing technical workers and aero-

17

space engineers and the development of the aviation

18

manufacturing workforce.

19‘‘(b) PROJECT GRANTS.—

20‘‘(1) IN

GENERAL.—Outof amounts made21

available under section 48105 of title 49, United

22

States Code, there is authorized to be appro-

23

priated—

24‘‘(A) $20,000,000 for each of fiscal years

252025 through 2028 to provide grants under the26

program established under subsection (a)(1);MUR24306 DVY

S.L.C.

407
1‘‘(B) $20,000,000 for each of fiscal years

22025 through 2028 to provide grants under the3

program established under subsection (a)(2);

4

and

5

‘‘(C) $20,000,000 for each of fiscal years

62025 through 2028 to provide grants under the7

program established under subsection (a)(3).

8‘‘(2) DOLLARAMOUNT LIMIT.—In

providing9

grants under the programs established under sub-10

section (a), the Secretary may not make any grant11

more than $1,000,000 to any eligible entity in any

12

1 fiscal year.

13‘‘(3) EDUCATIONPROJECTS.—The

Secretary

14

shall ensure that not less than 20 percent of the15amounts made available under this subsection is16

used to carry out a grant program that shall be re-17

ferred to as the ‘Willa Brown Aviation Education

18

Program’ under which the Secretary shall provide

19

grants for eligible projects described in subsection

20(d) that are carried out in counties containing at

21

least 1 qualified opportunity zone (as such term is22

defined in section 1400Z–1(a) of the Internal Rev-

23

enue Code of 1986).

24‘‘(4) SET

25

ASIDE

FOR

TECHNICALASSIST-

ANCE.—The Secretary may set aside up to 2 percent

MUR24306 DVY

S.L.C.

408
1of the funds appropriated to carry out this sub-2

section for each of fiscal years 2025 through 2028

3

to provide technical assistance to eligible applicants

4

for a grant under this subsection.

5‘‘(5) CONSIDERATIONFORCERTAIN

APPLI-

6

CANTS.—In reviewing and selecting applications for

7

grants under the programs established under sub-8

section (a), the Secretary may give consideration to

9

applicants that provide an assurance—

10‘‘(A) to use grant funds to encourage the11participation of populations that are underrep-

12

resented in the aviation industry, including in

13

economically disadvantaged geographic areas

14

and rural communities;

1516‘‘(B) to address the workforce needs ofrural and regional airports; or17‘‘(C) to strengthen aviation programs at a18

minority-serving institution (as described in sec-

19

tion 371(a) of the Higher Education Act of201965 (20 U.S.C. 1067q(a)), a public institution

21of higher education, or a public postsecondary

22

vocational institution.

23‘‘(c) ELIGIBLE APPLICATIONS.—

24‘‘(1) APPLICATION FOR AIRCRAFT PILOT PRO-25

GRAM.—An application for a grant under the pro-

MUR24306 DVY

S.L.C.

409
1

gram established under subsection (a)(1) may be2submitted, in such form as the Secretary may speci-

3fy, by—4‘‘(A) an air carrier (as such term is de-5

fined in section 40102 of title 49, United States

6Code);

7‘‘(B) an entity that holds management8

specifications under subpart K of title 91 of

9

title 14, Code of Federal Regulations;

10‘‘(C) an accredited institution of higher

11

education, a postsecondary vocational institu-

12tion, or a high school or secondary school;13‘‘(D) a flight school that provides flight14

training, as such term is defined in part 61 of

15

title 14, Code of Federal Regulations, or that16

holds a pilot school certificate under part 141

17

of title 14, Code of Federal Regulations;

1819‘‘(E) a labor organization representing professional aircraft pilots;

20‘‘(F) an aviation-related nonprofit organi-

21

zation described in section 501(c)(3) of the In-

22

ternal Revenue Code of 1986 that is exempt

23

from taxation under section 501(a) of such

24

Code; or

MUR24306 DVY

S.L.C.

410‘‘(G) a State, local, territorial, or Tribal

12

governmental entity.

3‘‘(2) APPLICATIONFORAVIATION

MAINTE-

4NANCE PROGRAM.—An application for a grant under5

the program established under subsection (a)(2) may

6

be submitted, in such form as the Secretary may

7

specify, by—

8‘‘(A) a holder of a certificate issued under9

part 21, 121, 135, 145, or 147 of title 14, Code10of Federal Regulations;‘‘(B) a labor organization representing

11
12

aviation maintenance workers;

13‘‘(C) an accredited institution of higher

14

education, a postsecondary vocational institu-

15tion, or a high school or secondary school;

16‘‘(D) an aviation-related nonprofit organi-

17

zation described in section 501(c)(3) of the In-

18

ternal Revenue Code of 1986 that is exempt

19

from taxation under section 501(a) of such

20

Code; or‘‘(E) a State, local, territorial, or Tribal

21
22

governmental entity.

23‘‘(3) APPLICATIONFOR AVIATION MANUFAC-

PROGRAM.—An

application for a grant

24

TURING

25

under the program established under subsection

MUR24306 DVY

S.L.C.

411
1(a)(3) may be submitted, in such form as the Sec-2

retary may specify, by—

3‘‘(A) a holder of a type or production cer-4tificate or similar authorization issued under5

section 44704 of title 49, United States Code;

6‘‘(B) an accredited institution of higher

7

education, a postsecondary vocational institu-

8tion, or a high school or secondary school;9‘‘(C) an aviation-related nonprofit organi-

10

zation described in section 501(c)(3) of the In-

11

ternal Revenue Code of 1986 that is exempt

12

from taxation under section 501(a) of such

13

Code;

14

‘‘(D) a labor organization representing

15

aerospace engineering, design, or manufac-

16

turing workers; or17‘‘(E) a State, local, territorial, or Tribal

18

governmental entity.

19‘‘(d) ELIGIBLE PROJECTS.—

20‘‘(1) AIRCRAFT PILOT PROGRAM.—For purposes

21of the program established under subsection (a)(1),

22

an eligible project is a project—

23‘‘(A) to create and deliver a program or24

curriculum that provides high school or sec-

25

ondary school students and students of institu-

MUR24306 DVY

S.L.C.

412
1

tions of higher education with meaningful avia-

2tion education to become aircraft pilots or un-

3manned aircraft systems operators, including

4purchasing and operating a computer-based

5

simulator associated with such curriculum;

6‘‘(B) to establish or improve registered ap-

7

prenticeship, internship, or scholarship pro-

8

grams for individuals pursuing employment as

9a professional aircraft pilot or unmanned air-

10

craft systems operator;

11‘‘(C) to create and deliver curriculum that12

provides certified flight instructors with the13necessary instructional, leadership, and commu-

14

nication skills to better educate student pilots;

15‘‘(D) to support the transition to profes-

16

sional aircraft pilot or unmanned systems oper-

17

ator careers, including for members and vet-18

erans of the armed forces;

19‘‘(E) to support robust outreach about ca-

20

reers in commercial aviation as a professional

21

aircraft pilot or unmanned system operator, in-22

cluding outreach to populations that are under-

23

represented in the aviation industry; orMUR24306 DVY

S.L.C.

413
1‘‘(F) to otherwise enhance or expand the2aircraft pilot or unmanned aircraft system oper-

3

ator workforce.

4‘‘(2) AVIATION MAINTENANCE PROGRAM.—For5

purposes of the program established under sub-6

section (a)(2), an eligible project is a project—

7‘‘(A) to create and deliver a program or8curriculum that provides high school and sec-

9

ondary school students and students of institu-

10

tions of higher education with meaningful avia-

11tion maintenance education to become an avia-

12tion mechanic or aviation maintenance techni-

13

cian, including purchasing and operating equip-

14

ment associated with such curriculum;

15‘‘(B) to establish or improve registered ap-

16

prenticeship, internship, or scholarship pro-17

grams for individuals pursuing employment in18

the aviation maintenance industry;

19‘‘(C) to support the transition to aviation

20

maintenance careers, including for members21

and veterans of the armed forces;

22‘‘(D) to support robust outreach about ca-

23

reers in the aviation maintenance industry, in-24

cluding outreach to populations that are under-

25

represented in the aviation industry; orMUR24306 DVY

S.L.C.

4141‘‘(E) to otherwise enhance or expand the2aviation maintenance technical workforce.

3‘‘(3) AVIATION MANUFACTURING PROGRAM.—4

For purposes of the program established under sub-5

section (a)(3), an eligible project is a project—

6‘‘(A) to create and deliver a program or7

curriculum that provides high school and sec-

8

ondary school students and students of institu-

9

tions of higher education with meaningful avia-

10tion manufacturing education to become an

11aviation manufacturing technical worker or

12aerospace engineer, including teaching technical13

skills used in the engineering and production of

14components, parts, or systems thereof for inclu-

15

sion in an aircraft, aircraft engine, propeller, or

16

appliance;

17‘‘(B) to establish registered apprenticeship,

18

internship, or scholarship programs for individ-

19

uals pursuing employment in the aviation man-20

ufacturing industry;

21‘‘(C) to support the transition to aviation

22

manufacturing careers, including for members23

and veterans of the armed forces;

24‘‘(D) to support robust outreach about ca-

25

reers in the aviation manufacturing industry,MUR24306 DVY

S.L.C.

415
1

including outreach to populations that are2

underrepresented in the aviation industry; or‘‘(E) to otherwise enhance or expand the3aviation manufacturing workforce.

4
5
6

‘‘(e)

REPORTINGANDMONITORINGREQUIRE-

MENTS.—The Secretary shall establish reasonable report-

7 ing and monitoring requirements for grant recipients
8 under this section to measure relevant outcomes for the
9 grant programs established under subsection (a).
10‘‘(f) NOTICE OF GRANTS.—

11‘‘(1) TIMELY PUBLIC NOTICE.—The Secretary

12

shall provide public notice of any grant awarded

13

under this section in a timely fashion after the Sec-

14

retary awards such grant.

15‘‘(2) NOTICETO CONGRESS.—The

Secretary

16

shall provide to the appropriate Committees of Con-

17

gress advance notice of a grant to be made under18

this section.

19‘‘(g) GRANT AUTHORITY.—

20‘‘(1) LIMIT ON FAA AUTHORITY.—The authority

21of the Administrator of the Federal Aviation Admin-

22

istration, acting on behalf of the Secretary, to issue

23

grants under this section shall terminate on October24

1, 2027.

MUR24306 DVY

S.L.C.

416
1‘‘(2) NONDELEGATION.—Beginning on October2

1, 2027, the Secretary shall issue grants under this3

section and may not delegate any of the authorities

4or responsibilities under this section to the Adminis-

5

trator.

6‘‘(h) PROGRAM NAME REDESIGNATION.—Beginning

7 on October 1, 2027, the Secretary shall redesignate the
8 name of the program established under subsection (a) as
9 the ‘Cooperative Aviation Recruitment, Enrichment, and
10 Employment Readiness Program’ or the ‘CAREER Pro11 gram’.
1213‘‘(i) CONSULTATION WITH SECRETARY

OF

EDU-

CATION.—The Secretary may consult with the Secretary

14 of Education, as appropriate, in—1516‘‘(1) reviewing applications for grants for eligible projects under this section; and17‘‘(2) developing considerations regarding pro-18

gram quality and measurement of student outcomes.

19‘‘(j) REPORT.—Not later than September 30, 2028,

20 the Secretary shall submit to the appropriate committees
21 of Congress a report on the administration of the pro22 grams established under subsection (a) covering each of
23 fiscal years 2025 through 2028 that includes—

MUR24306 DVY

S.L.C.

4171‘‘(1) a summary of projects awarded grants2

under this section and the progress of each recipient3

towards fulfilling program expectations;

4‘‘(2) an evaluation of how such projects cumula-

5

tively impact the future supply of individuals in the6

United States aviation workforce, including any re-7

lated best practices for carrying out such projects;8‘‘(3) recommendations for better coordinating

9

actions by governmental entities, educational institu-

10

tions, and businesses, aviation labor organizations,11or other stakeholders to support aviation workforce

12

growth;13‘‘(4) a review of how many grant recipients en-

14

gaged with veterans and the resulting impact, if ap-

15

plicable, on recruiting and retaining veterans as part16of the aviation workforce; and17‘‘(5) a review of outreach conducted by grant18

recipients to encourage individuals to participate in19

aviation careers and the resulting impact, if applica-

20

ble, on recruiting and retaining such individuals as

21part of the aviation workforce.

22‘‘(k) PROGRAM AUTHORITY SUNSET.—The authority

23 of the Secretary to issue grants under this section shall
24 expire on October 1, 2028.
25‘‘(l) DEFINITIONS.—In this section:

MUR24306 DVY

S.L.C.

4181‘‘(1) ARMED FORCES.—The term ‘armed forces’2

has the meaning given such term in section 101 of

3

title 10, United States Code.

4‘‘(2) HIGH SCHOOL.—The term ‘high school’5

has the meaning given such term in section 8101 of

6

the Elementary and Secondary Education Act of

71965 (20 U.S.C. 7801)).

8‘‘(3) INSTITUTION OF HIGHER EDUCATION.—

9

The term ‘institution of higher education’ has the10meaning given such term in section 101(a) of the11

Higher Education Act of 1965 (20 U.S.C. 1001(a)).

12‘‘(4) POSTSECONDARY
TION.—The

14

institution’has the meaning given such term in sec-

15

tion 102(c) of the Higher Education Act of 1965

16

(20 U.S.C. 1002(c)).
‘‘(5) SECONDARY‘postsecondary

INSTITU-

13

17

term

VOCATIONALSCHOOL.—The

vocationalterm ‘sec-

18

ondary school’ has the meaning given such term in

19

section 8101 of the Elementary and Secondary Edu-

20

cation Act of 1965 (20 U.S.C. 7801)).’’.

21(b) EFFECTIVE DATE.—The amendment made by

22 subsection (a) shall take effect on October 1, 2024.

MUR24306 DVY

S.L.C.

419
1

SEC. 441. NATIONAL STRATEGIC PLAN FOR AVIATION

2
3

WORKFORCE DEVELOPMENT.

(a) IN GENERAL.—Chapter 401 of title 49, United

4 States Code, is further amended by adding at the end the
5 following:
6 ‘‘§ 40132. National strategic plan for aviation work7
8

force development‘‘(a) IN GENERAL.—Not later than September 30,

9 2025, the Secretary of Transportation shall, in consulta10 tion with other Federal agencies and the Cooperative Avia11 tion Recruitment, Enrichment, and Employment Readi12 ness Council (in this section referred to as the ‘CAREER
13 Council’) established in subsection (c), establish and main14 tain a national strategic plan to improve recruitment, hir15 ing, and retention and address projected challenges in the
16 civil aviation workforce, including—17‘‘(1) any short-term, medium-term, and long-18

term workforce challenges relevant to the economy,

19

workforce readiness, and priorities of the United

20

States aviation sector;

2122‘‘(2) any existing or projected workforce shortages; and23‘‘(3) any workforce situation or condition that24

warrants special attention by the Federal Govern-

25

ment.

MUR24306 DVY

S.L.C.

4201‘‘(b) REQUIREMENTS.—The national strategic plan2 described in subsection (a) shall—
3‘‘(1) take into account the activities and accom-

4plishments of all Federal agencies that are related to5carrying out such plan;67‘‘(2) include recommendations for carrying out
such plan; and8‘‘(3) project and identify, on an annual basis,

9

aviation workforce challenges, including any applica-

10

ble workforce shortages.

11‘‘(c) CAREER COUNCIL.—

12‘‘(1) ESTABLISHMENT.—Not later than Sep-

13

tember 30, 2025, the Secretary, in consultation with

14

the Administrator, shall establish a council com-15

prised of individuals with expertise in the civil avia-

16

tion industry to—17‘‘(A) assist with developing and maintain-18

ing the national strategic plan described in sub-19

section (a); and20‘‘(B) provide advice to the Secretary, as

21

appropriate, relating to the CAREER Program

22

established under section 625 of the FAA Re-

23

authorization Act of 2018, including as such24

advice relates to program administration and25

grant application selection, and support the de-MUR24306 DVY

S.L.C.

421
1

velopment of performance metrics regarding the2

quality and outcomes of the Program.

3‘‘(2) APPOINTMENT.—The CAREER Council

4

shall be appointed by the Secretary from candidates

5

nominated by national associations representing var-

6

ious sectors of the aviation industry, including—

7‘‘(A) commercial aviation;

8‘‘(B) general aviation;

9‘‘(C) aviation labor organizations, including

10

collective bargaining representatives of Federal

11

Aviation Administration aviation safety inspec-

12

tors, aviation safety engineers, and air traffic

13

controllers;

1415‘‘(D) aviation maintenance, repair, andoverhaul;

16‘‘(E) aviation manufacturers; and17‘‘(F) unmanned aviation.

18‘‘(3) TERM.—Each council member appointed

19

by the Secretary under paragraph (2) shall serve a20

term of 2 years.

21‘‘(d) NONDELEGATION.—The Secretary may not del-22 egate any of the authorities or responsibilities under this23 section to the Administrator of the Federal Aviation Ad24 ministration.’’.

MUR24306 DVY

S.L.C.

4221(b) CLERICAL AMENDMENT.—The analysis for chap-

2 ter 401 of title 49, United States Code, is further amend3 ed by adding at the end the following:‘‘40132. National strategic plan for aviation workforce development.’’.

7

TITLE V—PASSENGER
EXPERIENCE IMPROVEMENTS
Subtitle A—Consumer
Enhancements

8SEC. 501. ESTABLISHMENT OF OFFICE OF AVIATION CON-

4
5
6

9
10

SUMER PROTECTION.

Section 102 of title 49, United States Code, is

11 amended—(1) in subsection (e)(1)—

12(A) in the matter preceding subparagraph

13(A) by striking ‘‘7’’ and inserting ‘‘8’’; and

1415(B) in subparagraph (A) by striking ‘‘and16an Assistant Secretary for Transportation Pol-17

icy’’ and inserting ‘‘an Assistant Secretary for

18

Transportation Policy, and an Assistant Sec-19

retary for Aviation Consumer Protection’’; and20(2) by adding at the end the following:

21
22‘‘(j) OFFICEOF

AVIATION CONSUMER PROTEC-

TION.—

23‘‘(1) ESTABLISHMENT.—There is established in24

the Department an Office of Aviation Consumer

25

Protection (in this subsection referred to as the ‘Of-MUR24306 DVY

S.L.C.

423
1

fice’) to administer and enforce the aviation con-2

sumer protection and civil rights authorities pro-3

vided to the Department by statute, including the4

authorities under section 41712—

56‘‘(A) to assist, educate, and protect passengers; and7‘‘(B) to monitor compliance with, conduct

8

investigations relating to, and enforce, with

9

support of attorneys in the Office of the Gen-10

eral Counsel, including by taking appropriate

11

action to address violations of aviation con-12

sumer protection and civil rights.

13‘‘(2) LEADERSHIP.—The Office shall be headed

14by the Assistant Secretary for Aviation Consumer

15

Protection (in this subsection referred to as the ‘As-

16

sistant Secretary’).

17‘‘(3) TRANSITION.—Not later than 180 days

18

after funding is appropriated for an Office of Avia-

19

tion Consumer Protection headed by an Assistant20

Secretary, the Office of Aviation Consumer Protec-

21

tion that is a unit within the Office of the General

22

Counsel of the Department which is headed by the23

Assistant General Counsel for Aviation Consumer

24

Protection shall cease to exist. The Secretary shall25

determine which employees are necessary to fulfill

MUR24306 DVY

S.L.C.

424
1

the responsibilities of the new Office of Aviation2

Consumer Protection and such employees shall be

3transferred from the Office of the General Counsel,

4

as appropriate, to the newly established Office of5

Aviation Consumer Protection.

6‘‘(4) COORDINATION.—The Assistant Secretary

7

shall coordinate with the General Counsel appointed

8

under subsection (e)(1)(E), in accordance with sec-

9tion 1.26 of title 49, Code of Federal Regulations

10(or a successor regulation), on all legal matters re-11

lating to—12‘‘(A) aviation consumer protection; and13‘‘(B) the duties and activities of the Office14

described in subparagraphs (A) through (C) of

15

paragraph (1).

16‘‘(5) ANNUALREPORT.—The

Assistant Sec-17

retary shall submit to the Secretary, who shall sub-18

mit to Congress and make publicly available on the19

website of the Department, an annual report that,20with respect to matters under the jurisdiction of the21

Department, or otherwise within the statutory au-

22

thority of the Department—

2324‘‘(A) analyzes trends in aviation consumer
protection, civil rights, and licensing;MUR24306 DVY

S.L.C.

42512‘‘(B) identifies major challenges facing
passengers; and3‘‘(C) addresses any other relevant issues,

4

as the Assistant Secretary determines to be ap-

5

propriate.

6‘‘(6) FUNDING.—There is authorized to be ap-

7

propriated8$13,000,000 for fiscal year 2025, $14,000,000 for

9fiscal year 2026, $15,000,000 for fiscal year 2027,

10

and $16,000,000 for fiscal year 2028 to carry out

11this subsection.’’.

12$12,000,000

forfiscalyear

SEC. 502. ADDITIONAL WITHIN AND BEYOND PERIMETER

13

SLOT

14

WASHINGTON NATIONAL AIRPORT.

15

2024,

EXEMPTIONSATRONALDREAGAN(a) INCREASE IN NUMBER OF SLOT EXEMPTIONS.—

16 Section 41718 of title 49, United States Code, is amended
17 by adding at the end the following new subsection:1819‘‘(i) ADDITIONAL SLOT EXEMPTIONS.—‘‘(1) INCREASE

IN SLOT EXEMPTIONS.—Not

20

later than 60 days after the date of enactment of

21

the FAA Reauthorization Act of 2024, the Secretary

22

shall grant, by order, 10 exemptions from—

23

‘‘(A)

the

applicationofsections

2449104(a)(5), 49109, and 41714 to air carriers

25

to operate limited frequencies and aircraft on

MUR24306 DVY

S.L.C.

426
1

routes between Ronald Reagan Washington Na-

2tional Airport and domestic airports located3

within or beyond the perimeter described in sec-

4

tion 49109; and5‘‘(B) the requirements of subparts K, S,

6

and T of part 93 of title 14, Code of Federal

7

Regulations.

8‘‘(2) NON-LIMITED INCUMBENTS.—Of the slot

9

exemptions made available under paragraph (1), the10Secretary shall make 8 available to incumbent air

11carriers qualifying for status as a non-limited incum-

12

bent carrier at Ronald Reagan Washington National

13

Airport as of the date of enactment of the FAA Re-

14

authorization Act of 2024.

15‘‘(3) LIMITED INCUMBENTS.—Of the slot ex-

16

emptions made available under paragraph (1), the17Secretary shall make 2 available to incumbent air

18

carriers qualifying for status as a limited incumbent

19carrier at Ronald Reagan Washington National Air-20

port as of the date of enactment of the FAA Reau-

21

thorization Act of 2024.

22‘‘(4) ALLOCATIONPROCEDURES.—The

Sec-

23

retary shall allocate the 10 slot exemptions provided

24

under paragraph (1) pursuant to the application

MUR24306 DVY

S.L.C.

427
1

process established by the Secretary under sub-2

section (d), subject to the following:

3‘‘(A) LIMITATIONS.—Each air carrier that4

is eligible under paragraph (2) and paragraph5(3) shall be eligible to operate no more and no6

less than 2 of the newly authorized slot exemp-

7

tions.

8‘‘(B) CRITERIA.—The Secretary shall con-9

sider the extent to which the exemptions will—

10‘‘(i) enhance options for nonstop trav-

11

el to beyond-perimeter airports that do not12have nonstop service from Ronald Reagan

13

Washington National Airport as of the

14date of enactment of the FAA Reauthor-

15

ization Act of 2024; or16‘‘(ii) have a positive impact on the17

overall level of competition in the markets

18that will be served as a result of those ex-

19

emptions.

20‘‘(5) PROHIBITION.—

21

‘‘(A)

IN

GENERAL.—The

Metropolitan

22

Washington Airports Authority may not assess23

any penalty or similar levy against an individual24

air carrier solely for obtaining and operating a25slot exemption authorized under this subsection.

MUR24306 DVY

S.L.C.

4281‘‘(B) RULE OF CONSTRUCTION.—Subpara-

2graph (A) shall not be construed as prohibiting3

the Metropolitan Washington Airports Author-

4

ity from assessing and collecting any penalty,

5fine, or other levy, such as a handling fee or6landing fee, that is—‘‘(i) authorized by the Metropolitan

7

Washington Airports Regulations;

8‘‘(ii) agreed to in writing by the air

9carrier; or1011‘‘(iii) charged in the ordinary course

12of business to an air carrier operating at

13

Ronald Reagan Washington National Air-

14

port regardless of whether or not the air

15carrier obtained a slot exemption author-

16

ized under this subsection.’’.
(b)

17

CONFORMINGAMENDMENTS.—Section

18 41718(c)(2)(A) of title 49, United States Code, is amend19 ed—
20
21
22

(1) in clause (i) by striking ‘‘and (b)’’ and inserting ‘‘, (b), and (i)’’; and(2) in clause (ii) by striking ‘‘and (g)’’ and in-23

serting ‘‘(g), and (i)’’.

24(c) PRESERVATION OF EXISTING WITHIN PERIM-

25

ETER SERVICE.—Nothing in this section, or the amend-

MUR24306 DVY

S.L.C.

429
1 ments made by this section, shall be construed as author2 izing the conversion of a within-perimeter exemption or
3 slot at Ronald Reagan Washington National Airport that
4 is in effect on the date of enactment of this Act to serve
5 an airport located beyond the perimeter described in sec6 tion 49109 of title 49, United States Code.
7
8

SEC. 503. REFUNDS.

(a) IN GENERAL.—Chapter 423 of title 49, United

9 States Code, is amended by inserting after section 42304
10 the following:
11 ‘‘§ 42305. Refunds for cancelled or significantly de12
13

layed or changed flights‘‘(a) IN GENERAL.—In the case of a passenger that

14 holds a nonrefundable ticket on a scheduled flight to,
15 from, or within the United States, an air carrier or a for16 eign air carrier shall, upon written or electronic request
17 of the passenger, provide a full refund, including any taxes
18 and ancillary fees, for the fare such carrier collected for
19 any cancelled flight or significantly delayed or changed
20 flight where the passenger chooses not to—21‘‘(1) fly on the significantly delayed or changed

22

flight or accept rebooking on an alternative flight; or23‘‘(2) accept any voucher, credit, or other form

24of compensation offered by the air carrier or foreign25

air carrier pursuant to subsection (c).

MUR24306 DVY

S.L.C.

4301‘‘(b) TIMINGOF

REFUND.—Any refund required

2 under subsection (a) shall be issued by the air carrier or
3 foreign air carrier—
4‘‘(1) in the case of a ticket purchased with a5credit card, not later than 7 business days after the6

request for the refund; or7‘‘(2) in the case of a ticket purchased with cash

8or another form of payment, not later than 20 days

9

after the request for the refund.

10‘‘(c) ALTERNATIVE TO REFUND.—An air carrier and

11 a foreign air carrier may offer a voucher, credit, or other12 form of compensation as an explicit alternative to pro13 viding a refund required by subsection (a) but only if—
1415‘‘(1) the offer includes a clear and conspicuous
notice of—16‘‘(A) the terms of the offer; and17‘‘(B) the passenger’s right to a full refund

18

under this section;

19‘‘(2) the voucher, credit, or other form of com-20

pensation offered explicitly as an alternative to pro-21

viding a refund required by subsection (a) remains

22

valid and redeemable by the consumer for a period23

of at least 5 years from the date on which such

24

voucher, credit, or other form of compensation is25

issued;MUR24306 DVY

S.L.C.

431
1‘‘(3) upon the issuance of such voucher, credit,2or other form of compensation, an air carrier or3ticket agent, where applicable, notifies the recipient4of the expiration date of the voucher, credit, or other5

form of compensation; and6‘‘(4) upon request by an individual who self-

7

identifies as having a disability (as defined in section

8382.3 of title 14, Code of Federal Regulations), an

9

air carrier or ticket agent provides a notification

10

under paragraph (3) in an electronic format that is

11

accessible to the recipient.

12

‘‘(d)

SIGNIFICANTLYDELAYEDOR

CHANGED

13 FLIGHT DEFINED.—In this section, the term ‘signifi14 cantly delayed or changed flight’ includes, at a minimum,
15 a flight where the passenger arrives at a destination air16 port—
17‘‘(1) in the case of a domestic flight, 3 or more

18

hours after the original scheduled arrival time; and19‘‘(2) in the case of an international flight, 6 or

20

more hours after the original scheduled arrival time.

21‘‘(e) APPLICATION TO TICKET AGENTS.—

22‘‘(1) IN GENERAL.—Not later than 1 year after

23

the date of enactment of this section, the Secretary

24

shall issue a final rule to apply refund requirements

MUR24306 DVY

S.L.C.

432
1

to ticket agents in the case of cancelled flights and2

significantly delayed or changed flights.
‘‘(2) TRANSFER3OF

FUNDS.—The

Secretary

4

shall issue regulations requiring air carriers and for-5

eign air carriers to promptly transfer funds to a6ticket agent if—

7‘‘(A) the Secretary has determined that the8ticket agent is responsible for providing the re-9fund; and‘‘(B) the ticket agent does not possess the10
11funds of the passenger.

12‘‘(3) TIMING AND ALTERNATIVES.—A refund

13

provided by a ticket agent shall comply with the re-14

quirements in subsections (b) and (c) of this sec-

15

tion.’’.

16(b) CLERICAL AMENDMENT.—The analysis for chap-

17 ter 423 of title 49, United States Code, is amended by
18 inserting after the item relating to section 42304 the fol19 lowing:‘‘42305. Refunds for cancelled or significantly delayed or changed flights.’’.

20
21

SEC. 504. KNOW YOUR RIGHTS POSTERS.

(a) IN GENERAL.—Chapter 423 of title 49, United

22 States Code, is further amended by inserting after section
23 42305 the following:MUR24306 DVY

S.L.C.

433
1 ‘‘§ 42306. Know Your Rights posters2‘‘(a) IN GENERAL.—Each large hub airport, medium

3 hub airport, and small hub airport with scheduled pas4 senger service shall prominently display posters that clear5 ly and concisely outline the rights of airline passengers
6 under Federal law with respect to, at a minimum—
7‘‘(1) flight delays and cancellations;

8‘‘(2) refunds;

9‘‘(3) bumping of passengers from flights and

10
11
12

the oversale of flights; and‘‘(4) lost, delayed, or damaged baggage.
‘‘(b) LOCATION.—Posters described in subsection (a)13 shall be displayed in conspicuous locations throughout the
14 airport, including ticket counters, security checkpoints,
15 and boarding gates.
16‘‘(c) ACCESSIBILITY ASSISTANCE.—Each large hub

17 airport, medium hub airport, and small hub airport with
18 scheduled passenger service shall ensure that passengers
19 with a disability (as such term is defined in section 382.3
20 of title 14, Code of Federal Regulations) who identify
21 themselves as having such a disability are notified of the
22 availability of accessibility assistance and shall assist such
23 passengers in connecting to the appropriate entities to ob24 tain the same information required in this section that is
25 provided to other passengers.’’.

MUR24306 DVY

S.L.C.

4341(b) EXEMPTION.—Section 46301(a)(1)(A) of title 49,

2 United States Code, is further amended by striking ‘‘chap3 ter 423’’ and inserting ‘‘chapter 423 (except section
4 42306)’’.
5(c) CLERICAL AMENDMENT.—The analysis for chap-

6 ter 423 of title 49, United States Code, is further amend7 ed by inserting after the item relating to section 42305
8 the following:‘‘42306. Know Your Rights posters.’’.

9(d) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect on the date that is 1 year
11 after the date of enactment of this Act.
12

SEC. 505. ACCESS TO CUSTOMER SERVICE ASSISTANCE FOR

13
14

ALL TRAVELERS.

(a) FINDINGS.—Congress finds the following:

15(1) In the event of a cancelled or delayed flight,

16

it is important for customers to be able to easily ac-

17

cess information about the status of their flight and18

any alternative flight options.

19(2) Customers should be able to access real-

20

time assistance from customer service agents of air

21

carriers without an excessive wait time, particularly

22

during times of mass disruptions.

23(b) TRANSPARENCY REQUIREMENTS.—

24
25(1) REQUIREMENT TO MAINTAIN A LIVE CUSTOMER

CHAT

OR

MONITOREDTEXTMESSAGING

MUR24306 DVY

S.L.C.

435
1

NUMBER.—Chapter

423 of title 49, United States

2

Code, is further amended by inserting after section

342306 the following:

4 ‘‘§ 42307. Requirement to maintain a live customer
5

chat or monitored text messaging num-

6

ber

7

‘‘(a) REQUIREMENT.—

8‘‘(1) IN GENERAL.—A covered air carrier that

9

operates a domestic or international flight to, from,10or within the United States shall maintain—

1112‘‘(A) a customer service telephone line
staffed by live agents;

13‘‘(B) a customer chat that allows an option

14

for customers to speak to a live agent within a15

reasonable time, to the greatest extent prac-

16

ticable; or17‘‘(C) monitored text messaging number

18

that enables customers to communicate and19

speak with a live agent directly.

20‘‘(2) PROVISION OF SERVICES.—The services

21

required under paragraph (1) shall be provided to22customers without charge for the use of such serv-

23

ices, and shall be available at all times.

MUR24306 DVY

S.L.C.

4361‘‘(b) RULEMAKING AUTHORITY.—The Secretary shall2 promulgate such rules as may be necessary to carry out
3 this section.
4‘‘(c) COVERED AIR CARRIER DEFINED.—In this sec-

5 tion, the term ‘covered air carrier’ means an air carrier
6 that sells tickets for scheduled passenger air transpor7 tation on an aircraft that, as originally designed, has a
8 passenger capacity of 30 or more seats.
9‘‘(d) EFFECTIVE DATE.—Beginning on the date that

10 is 120 days after the date of enactment of this section,
11 a covered air carrier shall comply with the requirement
12 specified in subsection (a) without regard to whether the
13 Secretary has promulgated any rules to carry out this sec14 tion as of the date that is 120 days after such date of
15 enactment.’’.
16(2) CLERICAL AMENDMENT.—The analysis for

17

chapter 423 of title 49, United States Code, is fur-

18

ther amended by inserting after the item relating to19section 42306 the following:‘‘42307. Requirement to maintain a live customer chat or monitored text messaging number.’’.

20
21

SEC. 506. AIRLINE CUSTOMER SERVICE DASHBOARDS.

(a) DASHBOARDS.—

22(1) IN GENERAL.—Chapter 423 of title 49,

23

United States Code, is further amended by inserting

24

after section 42307 the following:MUR24306 DVY

S.L.C.

437
1 ‘‘§ 42308. DOT airline customer service dashboards
2‘‘(a) REQUIREMENT TO ESTABLISH AND MAINTAIN

3 PUBLICLY AVAILABLE DASHBOARDS.—The Secretary of
4 Transportation shall establish, maintain, and make pub5 licly available the following online dashboards for purposes
6 of keeping aviation consumers informed with respect to7 certain policies of, and services provided by, large air car8 riers (as such term is defined by the Secretary) to the
9 extent that such policies or services exceed what is re10 quired by Federal law:
11

‘‘(1)

DELAY

AND

CANCELLATION

DASH-

12

BOARD.—A dashboard that displays information re-13

garding the services and compensation provided by

14each large air carrier to mitigate any passenger in-

15

convenience caused by a delay or cancellation due to16

circumstances in the control of such carrier.

17‘‘(2) EXPLANATION OF CIRCUMSTANCES.—The18

website on which such dashboard is displayed shall19

explain the circumstances under which a delay or

20cancellation is not due to circumstances in the con-21

trol of the large air carrier (such as a delay or can-22

cellation due to a weather event or an instruction

23

from the Federal Aviation Administration Air Traf-24

fic Control System Command Center) consistent25

with section 234.4 of title 14, Code of Federal Regu-

26

lations.

MUR24306 DVY

S.L.C.

4381‘‘(3) FAMILY SEATING DASHBOARD.—A dash-2

board that displays information regarding which

3large air carriers guarantee that each child shall be

4seated adjacent to an adult accompanying the child5

without charging any additional fees.

6‘‘(4) SEATSIZEDASHBOARD.—A

dashboard

7

that displays information regarding aircraft seat size

8

for each large air carrier, including the pitch, width,9

and length of a seat in economy class for the air-

10

craft models and configurations most commonly

11

flown by such carrier.

12‘‘(5) FAMILY SEATING SUNSET.—The require-13

ment in subsection (a)(3) shall cease to be effective

14

on the date on which the rule in section 516 of the15

FAA Reauthorization Act of 2024 is effective.

16‘‘(b) ACCESSIBILITY REQUIREMENT.—In developing

17 the dashboards required in subsection (a), the Secretary
18 shall, in order to ensure the dashboards are accessible and19 contain pertinent information for passengers with disabil20 ities, consult with the Air Carrier Access Act Advisory
21 Committee, the Architectural and Transportation Barriers
22 Compliance Board, any other relevant department or
23 agency to determine appropriate accessibility standards,
24 and disability organizations, including advocacy and non-

MUR24306 DVY

S.L.C.

439
1 profit organizations that represent or provide services to
2 individuals with disabilities.
3‘‘(c) LIMITATION ON DASHBOARDS.—After the rule

4 required in section 516 of the FAA Reauthorization Act
5 of 2024 is effective, the Secretary may not establish or
6 maintain more than 4 different customer service dash7 boards at any given time.
8‘‘(d) PROVISION OF INFORMATION.—Each large air

9 carrier shall provide to the Secretary such information as
10 the Secretary requires to carry out this section.
11‘‘(e) SUNSET.—This section shall cease to be effective

12 on October 1, 2028.’’.
13(2) ESTABLISHMENT.—The Secretary shall es-

14tablish each of the online dashboards required by

15

section 42308(a) of title 49, United States Code, not16later than 30 days after the date of enactment of

17

this Act.

18(b) CLERICAL AMENDMENT.—The analysis for chap-

19 ter 423 of title 49, United States Code, is further amend20 ed by inserting after the item relating to section 42307
21 the following:‘‘42308. DOT airline customer service dashboards.’’.

22
23

SEC. 507. INCREASE IN CIVIL PENALTIES.

(a) IN GENERAL.—Section 46301(a)(1) of title 49,

24 United States Code, is amended in the matter precedingMUR24306 DVY

S.L.C.

440
1 subparagraph (A) by striking ‘‘$25,000’’ and inserting2 ‘‘$75,000’’.
3(b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply to violations occurring on or
5 after the date of enactment of this Act.
6(c) CONFORMING REGULATIONS.—The Secretary

7 shall revise such regulations as necessary to conform to
8 the amendment made by subsection (a).
9SEC. 508. ADVISORY COMMITTEE FOR AVIATION CON-

10
11

SUMER PROTECTION.

(a) EXTENSION.—Section 411(h) of the FAA Mod-

12 ernization and Reform Act of 2012 (49 U.S.C. 42301
13 prec. note) is amended by striking ‘‘May 10, 2024’’ and
14 inserting ‘‘September 30, 2028’’.
15(b) COORDINATION.—Section 411 of the FAA Mod-16 ernization and Reform Act of 2012 (49 U.S.C. 42301
17 prec. note) is amended by adding at the end the following:
18‘‘(i) CONSULTATION.—The Advisory Committee shall

19 consult, as appropriate, with foreign air carriers, air car20 riers with an ultra-low-cost business model, nonprofit pub21 lic interest groups with expertise in disability and accessi22 bility matters, ticket agents, travel management compa23 nies, and any other groups as determined by the Sec24 retary.’’.

MUR24306 DVY

S.L.C.

441
1

SEC. 509. EXTENSION OF AVIATION CONSUMER ADVOCATE

2
3

REPORTING REQUIREMENT.

Section 424(e) of the FAA Reauthorization Act of

4 2018 (49 U.S.C. 42302 note) is amended by striking
5 ‘‘May 10, 2024’’ and inserting ‘‘October 1, 2028’’.
6

SEC. 510. CODIFICATION OF CONSUMER PROTECTION PRO-

7
8
9

VISIONS.

(a) SECTION 429 OF FAA REAUTHORIZATION ACT
OF 2018.—10(1) IN GENERAL.—Section 429 of the FAA Re-

11

authorization Act of 2018 (49 U.S.C. 42301 prec.

12note) is amended—

13(A) by transferring such section to appear

14

after section 41726 of title 49, United States

15

Code;

16
17
18
19

(B) by redesignating such section as section 41727 of such title; and(C) by amending the section heading ofsuch section to read as follows:

20 ‘‘§ 41727. Passenger Rights’’.
21(2) TECHNICAL AMENDMENT.—Section 41727

22

of title 49, United States Code, as transferred and23

redesignated by paragraph (1), is amended in sub-24

section (a) by striking ‘‘Not later than 90 days after

25

the date of enactment of this Act, the Secretary’’26

and inserting ‘‘The Secretary’’.

MUR24306 DVY

S.L.C.

4421(b) SECTION 434 OF THE FAA REAUTHORIZATION

2 ACT OF 2018.—
3(1) IN GENERAL.—Section 434 of the FAA Re-

4authorization Act of 2018 (49 U.S.C. 41705 note)5is amended—

6(A) by transferring such section to appear

7

after section 41727 of title 49, United States

8

Code, as transferred and redesignated by sub-9

section (a)(1);

10
11
12
13

(B) by redesignating such section 434 as
section 41728 of such title; and(C) by amending the section heading ofsuch section 41728 to read as follows:

14 ‘‘§ 41728. Airline passengers with disabilities bill of
15

rights’’.

16(2) TECHNICAL AMENDMENT.—Section 41728

17of title 49, United States Code, as transferred and18

redesignated by paragraph (1), is amended—

19(A) in subsection (a) by striking ‘‘the sec-

20

tion 41705 of title 49, United States Code’’ and21

inserting ‘‘section 41705’’;

22(B) in subsection (c) by striking ‘‘the date23

of enactment of this Act’’ and inserting ‘‘the24date of enactment of the FAA Reauthorization

25

Act of 2018’’; andMUR24306 DVY

S.L.C.

443
1(C) in subsection (f) by striking ‘‘ensure

2

employees’’ and inserting ‘‘ensure that employ-

3ees’’.
(c) CLERICAL AMENDMENT.—The analysis for chap-4

5 ter 417 of title 49, United States Code, is amended by
6 inserting after the item relating to section 41726 the fol7 lowing:‘‘41727. Passenger rights.
‘‘41728. Airline passengers with disabilities bill of rights.’’.

8

SEC. 511. BUREAU OF TRANSPORTATION STATISTICS.

9(a) RULEMAKING.—Not later than 60 days after the

10 date of enactment of this Act, the Director of the Bureau
11 of Transportation Statistics shall initiate a rulemaking to
12 revise section 234.4 of title 14, Code of Federal Regula13 tions, to create a new ‘‘cause of delay’’ category (or cat14 egories) that identifies and tracks information on delays
15 and cancellations of air carriers (as defined in section
16 40102 of title 49, United States Code) that are due to
17 instructions from the FAA Air Traffic Control System and
18 to make any other changes necessary to carry out this sec19 tion.
20(b) AIR CARRIER CODE.—The following causes shall

21 not be included within the Air Carrier code specified in
22 section 234.4 of title 14, Code of Federal Regulations, for23 cancelled and delayed flights:

MUR24306 DVY

S.L.C.

444
1
2
3
4

(1) Aircraft cleaning necessitated by the deathof a passenger.
(2) Aircraft damage caused by extreme weather,
foreign object debris, or sabotage.

5(3) A baggage or cargo loading delay caused by

6

an outage of a bag system not controlled by a car-7

rier or its contractor.

8(4) Cybersecurity attacks (provided that the9carrier is in compliance with applicable cybersecurity

10

regulations).

11(5) A shutdown or system failure of government

12

systems that directly affects the ability of an air car-13

rier to safely conduct flights and is unexpected.

1415(6) Overheated brakes due to a safety incident
resulting in the use of emergency procedures.

16(7) Unscheduled maintenance, including in re-17

sponse to an airworthiness directive, manifesting

18

outside a scheduled maintenance program that can-19

not be deferred or must be addressed before flight.

20(8) An emergency that required medical atten-

21

tion through no fault of the carrier.

22(9) The removal of an unruly passenger.

23(10) An airport closure due to the presence of24

volcanic ash, wind, or wind shear.

25(c) FAMILY SEATING COMPLAINTS.—MUR24306 DVY

S.L.C.

445
1(1) IN GENERAL.—The Director of the Bureau

2of Transportation Statistics shall update the report-

3

ing framework of the Bureau to create a new cat-4

egory to identify and track information on com-5

plaints related to family seating.

6(2) SUNSET.—The requirements in paragraph

7(1) shall cease to be effective on the date on which8

the rulemaking required by section 513 is effective.

9(d) AIR TRAVEL CONSUMER REPORT.—

10(1) ATCSCC DELAYS.—The Secretary shall in-

11

clude information on delays and cancellations that12

are due to instructions from the FAA Air Traffic

13

Control System Command Center in the Air Travel

14

Consumer Report issued by the Office of Aviation

15

Consumer Protection of the Department of Trans-

16

portation.

17(2) FAMILY SEATING COMPLAINTS.—The Sec-18

retary shall include information on complaints re-19

lated to family seating—

20(A) in the Air Travel Consumer Report

21

issued by the Office of Aviation Consumer Pro-22

tection of the Department of Transportation;

23

and

24
25

(B) on the family seating dashboard required by subsection (a)(2).

MUR24306 DVY

S.L.C.

446
1(3) SUNSET.—The requirements in paragraph2(2) shall cease to be effective on the date on which3

the rulemaking required by section 513 is effective.

4
5

SEC. 512. REIMBURSEMENT FOR INCURRED COSTS.

(a) IN GENERAL.—Not later than 1 year after the

6 date of enactment of this Act, the Secretary shall direct
7 all air carriers providing scheduled passenger interstate or
8 intrastate air transportation to establish policies regarding
9 reimbursement for lodging, transportation between such
10 lodging and the airport, and meal costs incurred due to
11 a flight cancellation or significant delay directly attrib12 utable to the air carrier.
13(b) DEFINITION OF SIGNIFICANTLY DELAYED.—In

14 this section, the term ‘‘significantly delayed’’ means, with
15 respect to air transportation, the departure or arrival at
16 the originally ticketed destination associated with such
17 transportation has changed—18(1) in the case of a domestic flight, 3 or more

19

hours after the original scheduled arrival time; and20(2) in the case of an international flight, 6 or21

more hours after the original scheduled arrival time.

22(c) RULE OF CONSTRUCTION.—Nothing in this sec-

23 tion shall be construed as providing the Secretary with any
24 additional authorities beyond the authority to require air
25 carriers establish the policies referred to in subsection (a).

MUR24306 DVY

S.L.C.

447
1
2
3

SEC. 513. STREAMLINING OF OFFLINE TICKET DISCLOSURES.

(a) IN GENERAL.—Not later than 18 months after

4 the date of enactment of this Act, the Secretary shall take5 such action as may be necessary to update the process
6 by which an air carrier or ticket agent is required to fulfill
7 disclosure obligations in ticketing transactions for air
8 transportation not completed through a website.
9(b) REQUIREMENTS.—The process updated under

10 subsection (a) shall—
11(1) include means of referral to the applicable12

air carrier website with respect to disclosures related

13

to air carrier optional fees and policies;

14(2) include a means of referral to the website

15of the Department of Transportation with respect to16

any other required disclosures to air transportation17

passengers;

18
19
20
21

(3) make no changes to air carrier or ticket
agent obligations with respect to—(A) section 41712(c) of title 49, UnitedStates Code; or

22(B) subsections (a) and (b) of section

23

399.84 of title 14, Code of Federal Regulations

24(or any successor regulations); and25(4) require disclosures referred to in para-

26

graphs (1) and (2) to be made in the manner exist-

MUR24306 DVY

S.L.C.

4481

ing prior to the date of enactment of this Act upon2

passenger request.

3(c) AIR CARRIER DEFINED.—In this section, the

4 term ‘‘air carrier’’ has the meaning given such term in
5 section 40102(a) of title 49, United States Code.
6

SEC. 514. GAO STUDY ON COMPETITION AND CONSOLIDA-

7

TION IN THE AIR CARRIER INDUSTRY.

8(a) STUDY.—The Comptroller General shall conduct

9 a study assessing competition and consolidation in the
10 United States air carrier industry. Such study shall in11 clude an assessment of data related to—
12(1) the history of mergers in the United States13

air carrier industry, including whether any claimed

14

efficiencies have been realized;

1516(2) the effect of consolidation in the UnitedStates air carrier industry, if any, on consumers;

17(3) the effect of consolidation in the United

18

States air carrier industry, if any, on air transpor-

19

tation service in small and rural markets; and20(4) the current state of competition in the21

United States air carrier industry as of the date of

22enactment of this Act.

23(b) REPORT.—Not later than 1 year after the date

24 of enactment of this Act, the Comptroller General shall
25 submit to the appropriate committees of Congress a reportMUR24306 DVY

S.L.C.

449
1 containing the results of the study conducted under sub2 section (a), together with recommendations for such legis3 lative and administrative action as the Comptroller Gen4 eral determines appropriate.
5

SEC. 515. GAO STUDY AND REPORT ON THE OPERATIONAL

6

PREPAREDNESS OF AIR CARRIERS FOR CER-

7

TAIN EVENTS.

8(a) STUDY.—

9(1) IN

GENERAL.—The

Comptroller General

10

shall study and assess the operational preparedness

11of air carriers for preparing for changing weather

12

and other events related to changing conditions and13

natural hazards, including flooding, extreme heat,

14

changes in precipitation, storms, including winter15

storms, coastal storms, tropical storms, and hurri-

16

canes, and fire conditions.

17(2) REQUIREMENTS.—As part of the study re-18

quired under paragraph (1), the Comptroller Gen-19

eral shall assess the following:

20(A) The extent to which air carriers are21

preparing for weather events and natural disas-

22

ters, as well as changing conditions and natural

23

hazards, that may impact operational invest-

24

ments of air carriers, staffing levels and safety

MUR24306 DVY

S.L.C.

4501

policies, mitigation strategies, and other resil-

2

iency planning.

3(B) How the FAA oversees operational re-4silience of air carriers relating to storms, nat-5ural disasters, and changing conditions.

6(C) Steps the Federal Government and air

7carriers can take to improve operational resil-

8

ience relating to storms, natural disasters, and9changing conditions.

10(b) BRIEFING AND REPORT.—

11(1) BRIEFING.—Not later than 1 year after the12date of enactment of this Act, the Comptroller Gen-13

eral shall brief the appropriate committees of Con-

14

gress on the results of the study required under sub-15

section (a), together with recommendations for such

16

legislative and administrative action as the Comp-17

troller General determines appropriate.

18(2) REPORT.—Not later than 6 months after

19

the briefing required by paragraph (1) is provided,20

the Comptroller General shall submit to the appro-

21

priate committees of Congress a report on the re-22

sults of the study required under subsection (a), to-23gether with recommendations for such legislative24

and administrative action as the Comptroller Gen-25

eral determines appropriate.

MUR24306 DVY

S.L.C.

4511(c) DEFINITION OF AIR CARRIER.—In this section,

2 the term ‘‘air carrier’’ has the meaning given such term
3 in section 40102 of title 49, United States Code.
4
5

SEC. 516. FAMILY SEATING.

(a) IN GENERAL.—Not later than 180 days after the

6 date of enactment of this Act, the Secretary shall issue
7 a notice of proposed rulemaking to establish a policy di8 recting air carriers that assign seats, or allow individuals
9 to select seats in advance of the date of departure of a
10 flight, to sit each young child adjacent to an accompanying
11 adult, to the greatest extent practicable, if adjacent seat
12 assignments are available at any time after the ticket is
13 issued for each young child and before the first passenger
14 boards the flight.
15(b) PROHIBITION ON FEES.—The notice of proposed

16 rulemaking described in subsection (a) shall include a pro17 vision that prohibits an air carrier from charging a fee,18 or imposing an additional cost beyond the ticket price of
19 the additional seat, to seat each young child adjacent to
20 an accompanying adult within the same class of service.
21(c) RULE OF CONSTRUCTION.—Notwithstanding the

22 requirement in subsection (a), nothing in this section may
23 be construed to allow the Secretary to impose a change
24 in the overall seating or boarding policy of an air carrier
25 that has an open or flexible seating policy in place that

MUR24306 DVY

S.L.C.

452
1 generally allows adjacent family seating as described
2 under this section.
3(d) YOUNG CHILD.—In this section, the term ‘‘young

4 child’’ means an individual who has not attained 14 years
5 of age.
6

SEC. 517. PASSENGER EXPERIENCE ADVISORY COMMITTEE.

7(a) IN GENERAL.—The Secretary shall establish an

8 advisory committee to advise the Secretary and the Ad9 ministrator in carrying out activities relating to the im10 provement of the passenger experience in air transpor11 tation customer service. The advisory committee shall not
12 duplicate the work of any other advisory committee.
13(b) MEMBERSHIP.—The Secretary shall appoint the

14 members of the advisory committee, which shall be com15 prised of at least 1 representative of each of—
16(1) mainline air carriers;

17(2) air carriers with a low-cost or ultra-low-cost

18business model;

19(3) regional air carriers;

20(4) large hub airport sponsors and operators;

21(5) medium hub airport sponsors and operators;

22(6) small hub airport sponsors and operators;

23(7) nonhub airport sponsors and operators;

24(8) ticket agents;

MUR24306 DVY

S.L.C.

453
1(9) representatives of intermodal transportation

2

companies that operate at airports;

3(10) airport concessionaires;

4(11) nonprofit public interest groups with ex-567

pertise in consumer protection matters;(12) senior managers of the FAA Air Traffic
Organization;

8(13) aircraft manufacturers;

9(14) entities representing individuals with dis-

10
11abilities;(15) certified labor organizations representing

12

aviation workers, including—

13(A) FAA employees;

14(B) airline pilots working for air carriers

15

operating under part 121 of title 14, Code of16

Federal Regulations;17(C) flight attendants working for air car-18

riers operating under part 121 of title 14, Code19

of Federal Regulations; and20(D) other customer-facing airline and air-21

port workers;

22(16) other organizations or industry segments

23
24
25

as determined by the Secretary; and(17) other Federal agencies that directly interface with passengers at airports.

MUR24306 DVY

S.L.C.

4541(c) VACANCIES.—A vacancy in the advisory com-

2 mittee under this section shall be filled in a manner con3 sistent with subsection (b).
4(d) TRAVEL EXPENSES.—Members of the advisory

5 committee under this section shall serve without pay but
6 shall receive travel expenses, including per diem in lieu
7 of subsistence, in accordance with subchapter I of chapter
8 57 of title 5, United States Code.
9(e) CHAIR.—The Secretary shall designate an indi-

10 vidual among the individuals appointed under subsection
11 (b) to serve as Chair of the advisory committee.
12(f) DUTIES.—The duties of the advisory committee

13 shall include—
14
15
16
17

(1) evaluating ways to improve the comprehensive passenger experience, including—(A) transportation between airport terminals and facilities;

18(B) baggage handling;

19(C) wayfinding;20(D) the security screening process; and21(E) the communication of flight delays and22cancellations;23(2) evaluating ways to improve efficiency in the24

national airspace system affecting passengers;

MUR24306 DVY

S.L.C.

4551(3) evaluating ways to improve the cooperation2and coordination between the Department of Trans-3

portation and other Federal agencies that directly

4interface with aviation passengers at airports;

56(4) responding to other taskings determined by
the Secretary; and7(5) providing recommendations to the Secretary8and the Administrator, if determined necessary dur-

9

ing the evaluations considered in paragraphs (1)10through (4).

11(g) REPORT TO CONGRESS.—Not later than 1 year

12 after the date of enactment of this Act, and every 2 years
13 thereafter, the Secretary shall submit to Congress a report
14 containing—
15(1) consensus recommendations made by the16advisory committee since such date of enactment or

17

the previous report, as appropriate; and18(2) an explanation of how the Secretary has im-

19

plemented such recommendations and, for such rec-20

ommendations not implemented, the Secretary’s rea-

21

son for not implementing such recommendation.

22(h) DEFINITION.—The definitions in section 40102

23 of title 49, United States Code, shall apply to this section.
24(i) SUNSET.—This section shall cease to be effective

25 on October 1, 2028.

MUR24306 DVY

S.L.C.

4561(j) TERMINATION OF DOT ACCESS ADVISORY COM-

2

MITTEE.—The ACCESS Advisory Committee of the De-

3 partment of Transportation shall terminate on the date
4 of enactment of this Act.
5

SEC. 518. UPDATING PASSENGER INFORMATION REQUIRE-

67MENT REGULATIONS.

(a) ARAC TASKING.—Not later than 3 years after

8 the date of enactment of this Act, the Administrator shall9 task the Aviation Rulemaking Advisory Committee with—
10(1) reviewing passenger information require-11

ment regulations under section 121.317 of title 14,

12

Code of Federal Regulation, and such other related

13

regulations as the Administrator determines appro-

14

priate; and

15(2) making recommendations to update and im-

16

prove such regulations.

17(b) FINAL REGULATION.—Not later than 6 years

18 after the date of enactment of this Act, the Administrator
19 shall issue a final regulation revising section 121.317 of
20 title 14, Code of Federal Regulations, and such other re21 lated regulations as the Administrator determines appro22 priate, to—23(1) update such section and regulations to in-

24

corporate exemptions commonly issued by the Ad-

25

ministrator;

MUR24306 DVY

S.L.C.

457(2) reflect civil penalty inflation adjustments;

1
2

and

3

(3) incorporate such updates and improvements

4

recommended by the Aviation Rulemaking Advisory5

Committee that the Administrator determines appro-

6

priate.

78SEC. 519. SEAT DIMENSIONS.

Not later than 60 days after the date of enactment

9 of this Act, the Administrator shall—
10(1) initiate a rulemaking activity based on the11

regulation described in section 577 of the FAA Re-

12

authorization Act of 2018 (49 U.S.C. 42301 note);

13

or

14

(2) if the Administrator decides not to pursue

15

the rulemaking described in paragraph (1), the Ad-

16ministrator shall brief appropriate committees of17

Congress on the justification of such decision.

18

SEC. 520. MODERNIZATION OF CONSUMER COMPLAINT

1920

SUBMISSIONS.

Section 42302 of title 49, United States Code, is

21 amended to read as follows:
22 ‘‘§ 42302. Consumer complaints
23‘‘(a) IN GENERAL.—The Secretary of Transportation

24 shall—MUR24306 DVY

S.L.C.

4581‘‘(1) maintain an accessible website through the2

Office of Aviation Consumer Protection to accept the3submission of complaints from airline passengers re-4

garding air travel service problems; and‘‘(2) take appropriate actions to notify the pub-5
6

lic of such accessible website.

7‘‘(b) NOTICE TO PASSENGERS ON THE INTERNET.—

8 An air carrier or foreign air carrier providing scheduled
9 air transportation using any aircraft that as originally de10 signed has a passenger capacity of 30 or more passenger
11 seats shall include on the accessible website of the car12 rier—
13‘‘(1) the accessible website, e-mail address, or

14

telephone number of the air carrier for the submis-

15sion of complaints by passengers about air travel

16

service problems; and17‘‘(2) the accessible website maintained pursuant

18

to subsection (a).

19‘‘(c) USE OF ADDITIONAL OR ALTERNATIVE TECH-20NOLOGIES.—The Secretary shall periodically evaluate the

21 benefits of using mobile phone applications or other widely
22 used technologies to—2324‘‘(1) provide additional or alternative means for
air passengers to submit complaints; andMUR24306 DVY

S.L.C.

459‘‘(2) provide such additional or alternative1
2

means as the Secretary determines appropriate.

3‘‘(d) AIR AMBULANCE PROVIDERS.—Each air ambu-

4 lance provider shall include the accessible website, or a
5 link to such accessible website, maintained pursuant to
6 subsection (a) and the contact information for the Avia7 tion Consumer Advocate established by section 424 of the
8 FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note)
9 on—
10

‘‘(1) any invoice, bill, or other communication

11

provided to a passenger or customer of such pro-12

vider; and‘‘(2) the accessible website and any related mo-13

bile device application of such provider.’’.

14
15

Subtitle B—Accessibility

16

SEC. 541. AIR CARRIER ACCESS ACT ADVISORY COM-

17
18

MITTEE.

(a) IN GENERAL.—Section 439 of the FAA Reau-

19 thorization Act of 2018 (49 U.S.C. 41705 note) is amend20 ed—
21(1) in the section heading by striking ‘‘ADVI-

22SORY COMMITTEE ON THE AIR TRAVEL NEEDS

23

OF PASSENGERS WITH DISABILITIES’’

24

serting ‘‘AIR CARRIER ACCESS ACT ADVISORY

25

COMMITTEE’’;and in-MUR24306 DVY

S.L.C.

460
12(2) in subsection (c)(1) by striking subparagraph (G) and inserting the following:3‘‘(G) Manufacturers of wheelchairs, includ-4

ing powered wheelchairs, and other mobility

5aids.’’; and6(3) in subsection (g) by striking ‘‘May 10,

72024’’ and inserting ‘‘September 30, 2028’’.

8(b) CONFORMING AMENDMENT.—Section 1(b) of the

9 FAA Reauthorization Act of 2018 (Public Law 115–254)
10 is amended by striking the item relating to section 439
11 and inserting the following:‘‘Sec. 439. Air Carrier Access Act advisory committee.’’.

12
13
14

SEC. 542. IMPROVED TRAINING STANDARDS FOR ASSISTING PASSENGERS WHO USE WHEELCHAIRS.

(a) RULEMAKING.—Not later than 6 months after

15 the date of enactment of this Act, the Secretary shall issue
16 a notice of proposed rulemaking to develop requirements
17 for minimum training standards for airline personnel or
18 contractors who assist wheelchair users who board or
19 deplane using an aisle chair or other boarding device.
20(b) REQUIREMENTS.—The training standards devel-

21 oped under subsection (a) shall require, at a minimum,
22 that airline personnel or contractors who assist passengers
23 who use wheelchairs who board or deplane using an aisle
24 chair or other boarding device—MUR24306 DVY

S.L.C.

461
1(1) before being allowed to assist a passenger

2

using an aisle chair or other boarding device to3board or deplane, be able to successfully dem-

4

onstrate skills (during hands-on training sessions)

5

on—

6

(A) how to safely use the aisle chair, or

7other boarding device, including the use of all

8

straps, brakes, and other safety features;

9(B) how to assist in the transfer of pas-

10

sengers to and from their wheelchair, the aisle

11

chair, and the aircraft’s passenger seat, either

12by physically lifting the passenger or deploying

13

a mechanical device for the lift or transfer; and14(C) how to effectively communicate with,15

and take instruction from, the passenger;16(2) are trained regarding the availability of ac-

17

cessible lavatories and on-board wheelchairs and the18

right of a qualified individual with a disability to re-19quest an on-board wheelchair; and20(3) complete refresher training within 18

21

months of an initial training and be recertified on

22

the job every 18 months thereafter by a relevant su-

23

perior in order to remain qualified for providing aisle

24

chair assistance.

MUR24306 DVY

S.L.C.

4621(c) CONSIDERATIONS.—In conducting the rulemaking

2 under subsection (a), the Secretary shall consider, at a
3 minimum—
4(1) whether to require air carriers and foreign

5

air carriers to partner with national disability orga-

6

nizations and disabled veterans organizations rep-7

resenting individuals with disabilities who use wheel-

8

chairs and scooters in developing, administering, and9auditing training;

10(2) whether to require air carriers and foreign11

air carriers to use a lift device, instead of an aisle

12

chair, to board and deplane passengers with mobility

13

disabilities; and14(3) whether individuals able to provide boarding

15

and deplaning assistance for passengers with limited

16

or no mobility should receive training incorporating

17

procedures from medical professionals on how to

18

properly lift these passengers.

19(d) FINAL RULE.—Not later than 12 months after

20 the date of enactment of this Act, the Secretary shall issue
21 a final rule pursuant to the rulemaking conducted under
22 this section.
23(e) PENALTIES.—The Secretary may assess a civil

24 penalty in accordance with section 46301 of title 49,
25 United States Code, to any air carrier or foreign air car-

MUR24306 DVY

S.L.C.

463
1 rier who fails to meet the requirements established under
2 the final rule under subsection (d).
3SEC. 543. TRAINING STANDARDS FOR STOWAGE OF WHEEL-

45

CHAIRS AND SCOOTERS.

(a) RULEMAKING.—Not later than 6 months after

6 the date of enactment of this Act, the Secretary shall issue
7 a notice of proposed rulemaking to develop minimum
8 training standards related to stowage of wheelchairs and9 scooters used by passengers with disabilities on aircraft.
10(b) REQUIREMENTS.—The training standards devel-

11 oped under subsection (a) shall require, at a minimum,
12 that personnel and contractors of air carriers and foreign
13 air carriers who stow wheelchairs and scooters on air14 craft—
15(1) before being allowed to handle or stow a16

wheelchair or scooter, be able to successfully dem-

17

onstrate skills (during hands-on training sessions)

18

on—

19

(A) how to properly handle and configure,20

at a minimum, the most commonly used power21

and manual wheelchairs and scooters for stow-

22

age on each aircraft type operated by the air

23

carrier or foreign air carrier;

24(B) how to properly review any wheelchair25

or scooter information provided by the pas-MUR24306 DVY

S.L.C.

4641senger or the wheelchair or scooter manufac-

2

turer; and3(C) how to properly load, secure, and un-

4load wheelchairs and scooters, including how to

5

use any specialized equipment for loading or

6

unloading, on each aircraft type operated by the7

air carrier or foreign air carrier; and

8(2) complete refresher training within 18

9months of an initial training and be recertified on

10

the job every 18 months thereafter by a relevant su-

11

perior in order to remain qualified for handling and12stowing wheelchairs and scooters.

13(c) CONSIDERATIONS.—In conducting the rulemaking

14 under subsection (a), the Secretary shall consider, at a
15 minimum, whether to require air carriers and foreign air
16 carriers to partner with wheelchair or scooter manufactur17 ers, national disability and disabled veterans organizations
18 representing individuals who use wheelchairs and scooters,
19 and aircraft manufacturers, in developing, administering,
20 and auditing training.
21(d) FINAL RULE.—Not later than 12 months after

22 the date of enactment of this Act, the Secretary shall issue
23 a final rule pursuant to the rulemaking conducted under
24 this section.

MUR24306 DVY

S.L.C.

4651(e) PENALTIES.—The Secretary may assess a civil

2 penalty in accordance with section 46301 of title 49,
3 United States Code, to any air carrier or foreign air car4 rier who fails to meet the requirements established under
5 the final rule under subsection (d).
67SEC. 544. MOBILITY AIDS ON BOARD IMPROVE LIVES ANDEMPOWER ALL.

8(a) PUBLICATION OF CARGO HOLD DIMENSIONS.—

9(1) IN GENERAL.—Not later than 2 years after10

the date of enactment of this Act, the Secretary

11

shall require air carriers to publish in a prominent

12and easily accessible place on the public website of13

the air carrier, information describing the relevant

14dimensions and other characteristics of the cargo

15

holds of all aircraft types operated by the air carrier,

16

including the dimensions of the cargo hold entry,

17

that would limit the size, weight, and allowable type18

of cargo.

19(2) PROPRIETARYINFORMATION.—The

Sec-

20

retary shall allow an air carrier to protect the con-21

fidentiality of any trade secret or proprietary infor-

22

mation submitted in accordance with paragraph (1),23

as appropriate.

24(b) REFUND REQUIRED FOR INDIVIDUAL TRAVELING

25 WITH WHEELCHAIR.—In the case of a qualified individualMUR24306 DVY

S.L.C.

466
1 with a disability traveling with a wheelchair who has pur2 chased a ticket for a flight from an air carrier, but who
3 cannot travel on the aircraft for such flight because the4 wheelchair of such qualified individual cannot be phys5 ically accommodated in the cargo hold of the aircraft, the
6 Secretary shall require such air carrier to offer a refund
7 to such qualified individual of any previously paid fares,
8 fees, and taxes applicable to such flight.
9(c) EVALUATION OF DATA REGARDING DAMAGED

10 WHEELCHAIRS.—Not later than 12 months after the date
11 of enactment of this Act, and annually thereafter, the Sec12 retary shall—
13(1) evaluate data regarding the type and fre-14

quency of incidents of the mishandling of wheel-

15

chairs on aircraft and delineate such data by—

1617(A) types of wheelchairs involved in such
incidents; and18(B) the ways in which wheelchairs are mis-

19

handled, including the type of damage to wheel-

20

chairs (such as broken drive wheels or casters,

21

bent or broken frames, damage to electrical22

connectors or wires, control input devices,23

joysticks, upholstery or other components, loss,

24

or delay of return);

MUR24306 DVY

S.L.C.

467
1(2) determine whether there are trends with re-2spect to the data evaluated under paragraph (1);

3

and

4

(3) make available on the public website of the5

Department of Transportation, in an accessible

6manner, a report containing the results of the eval-

7

uation of data and determination made under para-

8graphs (1) and (2) and a description of how the Sec-9

retary plans to address such results.

10

(d)

REPORTTOCONGRESSONMISHANDLED

11 WHEELCHAIRS.—Upon completion of each annual report
12 required under subsection (c), the Secretary shall transmit
13 to the appropriate committees of Congress such report.
1415(e) FEASIBILITY OF IN-CABIN WHEELCHAIR RESTRAINT SYSTEMS.—

16(1) ROADMAP.—Not later than 1 year after the17date of enactment of this Act, the Secretary shall18

submit to the appropriate committees of Congress a19

publicly available strategic roadmap that describes

20

how the Department of Transportation and the21

United States Access Board, respectively, shall, in

22

accordance with the recommendations from the Na-

23tional Academies of Science, Engineering, and Math-24

ematics Transportation Research Board Special Re-

25

port 341—

MUR24306 DVY

S.L.C.

4681(A) establish a program of research, in col-2laboration with the Rehabilitation Engineering

3and Assistive Technology Society of North

4

America, the assistive technology industry, air

5carriers, original equipment manufacturers, na-

6tional disability and disabled veterans organiza-

7

tions, and any other relevant stakeholders, to8

test and evaluate an appropriate selection of

9

WC19-compliant wheelchairs and accessories in

10

accordance

11

worthiness and safety performance criteria, in-12cluding the issues and considerations set forth13

in such Special Report 341; andwithapplicable

FAA

crash-

14(B) sponsor studies that assess issues and15

considerations, including those set forth in such

16

Special Report 341, such as—17(i) the likely demand for air travel by

18

individuals who are nonambulatory if such

19

individuals could remain seated in their20

personal wheelchairs in flight; and21(ii) the feasibility of implementing

22

seating arrangements that would accommo-

23

date passengers in wheelchairs in the main

24

cabin in flight.

MUR24306 DVY

S.L.C.

469
1(2) STUDY.—If determined to be technically2feasible by the Secretary, not later than 2 years

3

after making such determination, the Secretary shall4

commence a study to assess the economic and finan-

5

cial feasibility of air carriers and foreign air carriers

6

implementing seating arrangements that accommo-

7date passengers with wheelchairs in the main cabin

8during flight. Such study shall include an assess-9

ment of—(A) the cost of such seating arrangements,

1011equipment, and installation;(B) the demand for such seating arrange-

12
13

ments;

14(C) the impact of such seating arrange-

15

ments on passenger seating and safety on air-16

craft;

17(D) the impact of such seating arrange-

18

ments on the cost of operations and airfare;

19

and

20

(E) any other information determined ap-

21

propriate by the Secretary.

22(3) REPORT.—Not later than 1 year after the23

date on which the study under paragraph (2) is

24completed, the Secretary shall submit to the appro-

25

priate committees of Congress a publicly available

MUR24306 DVY

S.L.C.

470
1

report describing the results of the study conducted2

under paragraph (2) and any recommendations the3

Secretary determines appropriate.

4(f) DEFINITIONS.—In this section:

5(1) AIR CARRIER.—The term ‘‘air carrier’’ has

6

the meaning given such term in section 40102 of

7

title 49, United States Code.

8(2) DISABILITY; QUALIFIED INDIVIDUAL WITH

9

A DISABILITY.—The terms ‘‘disability’’ and ‘‘quali-

10

fied individual with a disability’’ have the meanings

11

given such terms in section 382.3 of title 14, Code12

of Federal Regulations (as in effect on date of en-

13

actment of this Act).

14(3) WHEELCHAIR.—The term ‘‘wheelchair’’ has

15

the meaning given such term in section 37.3 of title

16

49, Code of Federal Regulations (as in effect on

17date of enactment of this Act), and includes power

18

wheelchairs, manual wheelchairs, and scooters.

19

SEC. 545. PRIORITIZING ACCOUNTABILITY AND ACCESSI-

20BILITY FOR AVIATION CONSUMERS.

21(a) ANNUAL REPORT.—Not later than 1 year after

22 the date of enactment of this Act, and annually thereafter,
23 the Secretary shall submit to the appropriate committees
24 of Congress, and make publicly available, a report on avia-

MUR24306 DVY

S.L.C.

471
1 tion consumer complaints related to passengers with a dis2 ability filed with the Department of Transportation.
3(b) CONTENTS.—Each annual report submitted

4 under subsection (a) shall, at a minimum, include the fol5 lowing:
6(1) The number of aviation consumer com-7

plaints reported to the Secretary related to pas-

8

sengers with a disability filed with the Department

9of Transportation during the calendar year pre-10

ceding the year in which such report is submitted.

11(2) The nature of such complaints, including re-

12
13
14

ported issues with—(A) an air carrier, including an air carrier’s staff training or lack thereof;

15(B) mishandling of passengers with a dis-16

ability or their accessibility equipment, includ-17

ing mobility aids and wheelchairs;

18(C) the condition, availability, or lack of

19

accessibility of equipment operated by an air

20

carrier or a contractor of an air carrier;

21(D) the accessibility of in-flight services,22

including accessing and using on-board lava-

23

tories, for passengers with a disability;

MUR24306 DVY

S.L.C.

472
1(E) difficulties experienced by passengers

2with a disability in communicating with an air

3carrier or staff of an air carrier;

4(F) difficulties experienced by passengers

5with a disability in being moved, handled, or6otherwise assisted;

7(G) an air carrier changing the flight8

itinerary of a passenger with a disability with-

9

out the consent of such passenger;

10(H) issues experienced by passengers with11

a disability traveling with a service animal; and12(I) such other issues as the Secretary de-13

termines appropriate.

14(3) An overview of the review process for such

15

complaints received during such calendar year.

16(4) The median length of time for how quickly

17

review of such complaints was initiated by the Sec-18

retary.

19(5) The median length of time for how quickly

20such complaints were resolved or otherwise ad-

21

dressed.

2223(6) Of the complaints that were found to violate
section 41705 of title 49, United States Code—MUR24306 DVY

S.L.C.

473
1(A) the number of such complaints for2

which a formal enforcement order was issued;

3

and

4

(B) the number of such complaints for5

which a formal enforcement order was not

6

issued.

7(7) How many aviation consumer complaints re-8

lated to passengers with a disability were referred to9

the Department of Justice for an enforcement action

10

under—1112
13(A) section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794);(B) the Americans with Disabilities Act of

141990 (42 U.S.C. 12101 et seq.); or

15(C) any other provision of law.

16(8) How many aviation consumer complaints re-17

lated to passengers with a disability filed with the18

Department of Transportation that involved airport

19

staff (or other matters under the jurisdiction of the20FAA) were referred to the FAA.

21(9) The number of disability-related aviation

22

consumer complaints filed with the Department of

23

Transportation involving Transportation Security

24

Administration staff that were referred to theMUR24306 DVY

S.L.C.

474
1

Transportation Security Administration or the De-

2partment of Homeland Security.

3(c) DEFINITIONS.—

4(1) IN GENERAL.—Except as provided in para-

5graph (2), the definitions set forth in section 40102

6

of title 49, United States Code, and section 382.3 of

7title 14, Code of Federal Regulations, apply to this8

section.

9(2) AIRCARRIER.—Theterm ‘‘air carrier’’

10means an air carrier conducting passenger oper-

11

ations under part 121 of title 14, Code of Federal

12

Regulations.

13(3) PASSENGERS WITH A DISABILITY.—In this14

section, the term ‘‘passengers with a disability’’ has

15

the meaning given the term ‘‘qualified individual

16with a disability’’ in section 382.3 of title 14, Code17

of Federal Regulations.

18
19
20

SEC. 546. ACCOMMODATIONS FOR QUALIFIED INDIVIDUALSWITH DISABILITIES.

(a) IN GENERAL.—

21(1) ADVANCED NOTICE OF PROPOSED RULE-

22

MAKING.—Not later than 180 days after the date of23

enactment of this Act, the Secretary shall issue an

24

advanced notice of proposed rulemaking regardingMUR24306 DVY

S.L.C.

475
1

seating accommodations for any qualified individual2

with a disability.

3(2) NOTICE OF PROPOSED RULEMAKING.—Not

4

later than 18 months after the date on which the ad-

5vanced notice of proposed rulemaking under para-

6graph (1) is completed, the Secretary shall issue a

7

notice of proposed rulemaking regarding seating ac-

8commodations for any qualified individual with a9disability.

10(3) FINAL RULE.—Not later than 30 months

11

after the date on which the notice of proposed rule-12

making under subparagraph (B) is completed, the13

Secretary shall issue a final rule pursuant to the14rulemaking conducted under this subsection.

15(b) CONSIDERATIONS.—In carrying out the advanced

16 notice of proposed rulemaking required in subsection
17 (a)(1), the Secretary shall consider the following:
18
19(1) The scope and anticipated number of qualified individuals with a disability who—

20(A) may need to be seated with a com-21

panion to receive assistance during a flight; or

22(B) should be afforded bulkhead seats or23

other seating considerations.

24(2) The types of disabilities that may need seat-25

ing accommodations.

MUR24306 DVY

S.L.C.

476
1(3) Whether such qualified individuals with a2disability are unable to obtain, or have difficulty ob-

3taining, appropriate seating accommodations.

4(4) The scope and anticipated number of indi-

5

viduals assisting a qualified individual with a dis-6

ability who should be afforded an adjoining seat pur-7

suant to section 382.81 of title 14, Code of Federal

8

Regulations.

9(5) Any notification given to qualified individ-

10

uals with a disability regarding available seating ac-

11

commodations.
(6) Any method that is adequate to identify

12
13

fraudulent claims for seating accommodations.
(7) Any other information determined appro-

14
15

priate by the Secretary.

16(c) KNOWN SERVICE ANIMAL TRAVEL PILOT PRO-17

GRAM.—

18(1) IN GENERAL.—The Secretary shall establish

19

a pilot program to allow approved program partici-

20

pants as known service animals for purposes of ex-

21

emption from the documentation requirements under22

part 382 of title 14, Code of Federal Regulations,23with respect to air travel with a service animal.

2425(2) REQUIREMENTS.—The pilot program established under paragraph (1) shall—

MUR24306 DVY

S.L.C.

477
1(A) be optional for a service animal accom-

2

panying a qualified individual with a disability;3(B) provide for assistance for applicants,

4

including over-the-phone assistance, throughout

5

the application process for the program; and6(C) with respect to any web-based compo-

7

nents of the pilot program, meet or exceed the8standards described in section 508 of the Reha-

9bilitation Act of 1973 (29 U.S.C. 794d) and the10

regulations implementing that Act as set forth11

in part 1194 of title 36, Code of Federal Regu-

12

lations (or any successor regulations).

13(3) CONSULTATION.—In establishing the pilot

14

program under paragraph (1), the Secretary shall15

consult with—

16(A) disability organizations, including ad-

17

vocacy and nonprofit organizations that rep-18

resent or provide services to individuals with19

disabilities;

20(B) air carriers and foreign air carriers;

21(C) accredited service animal training pro-

22

grams and authorized registrars, such as the23

International Guide Dog Federation, Assistance24

Dogs International, and other similar organiza-MUR24306 DVY

S.L.C.

478
1

tions and foreign and domestic governmental

2

registrars of service animals;

345(D) other relevant departments or agenciesof the Federal Government; and(E) other entities determined to be appro-

6

priate by the Secretary.

7(4) ELIGIBILITY.—To be eligible to participate

8

in the pilot program under this subsection, an indi-

9vidual shall—

10
11
12
13

(A) be a qualified individual with a disability;(B) require the assistance of a service animal because of a disability; and14(C) submit an application to the Secretary

15

at such time, in such manner, and containing

16

such information as the Secretary may require.

17(5) CLARIFICATION.—The Secretary may award

18

a grant or enter into a contract or cooperative agree-

19

ment in order to carry out this subsection.

20(6) NOMINAL FEE.—The Secretary may require

21

an applicant to pay a nominal fee, not to exceed

22$25, to participate in the pilot program.

23(7) REPORTS TO CONGRESS.—Not later than 1

24year after the establishment of the pilot program

25

under this subsection, and annually thereafter untilMUR24306 DVY

S.L.C.

479
1

the date described in paragraph (8), the Secretary2

shall submit to the appropriate committees of Con-3

gress and make publicly available report on the4

progress of the pilot program.

5(8) SUNSET.—The pilot program shall termi-

6nate on the date that is 5 years after the date of en-

7

actment of this Act.

8(d) ACCREDITED SERVICE ANIMAL TRAINING PRO-9

GRAMS AND AUTHORIZED REGISTRARS.—Not later than

10 6 months after the date of enactment of this Act, the Sec11 retary shall publish and maintain, on the website of the
12 Department of Transportation, a list of—
13
14
15

(1) accredited programs that train service animals; and(2) authorized registrars that evaluate service

16

animals.

17(e) REPORT TO CONGRESS ON SERVICE ANIMAL RE-

18

QUESTS.—Not later than 1 year after the date of enact-

19 ment of this Act, and annually thereafter, the Secretary
20 shall submit to the appropriate committees of Congress
21 a report on requests for air travel with service animals,
22 including—23(1) during the reporting period, how many re-24quests to board an aircraft with a service animal

MUR24306 DVY

S.L.C.

480
1

were made in total, and how many requests were2

made by qualified individuals with disabilities; and3(2) the number and percentage of such re-4quests, categorized by type of request, that were re-5

ported by air carriers or foreign air carriers as—

6(A) granted;

7(B) denied but not fraudulent; or

8(C) denied as fraudulent.

9(f) TRAINING.—

10(1) IN GENERAL.—Not later than 180 days

11

after the date of enactment of this section, the Sec-12

retary shall, in consultation with the Air Carrier Ac-

13

cess Act Advisory Committee, issue guidance regard-

14

ing improvements to training for airline personnel

15(including contractors) in recognizing when a quali-

16

fied individual with a disability is traveling with a17service animal.

18

(2)

19

REQUIREMENTS.—The

guidance

issuedunder paragraph (1) shall—

20(A) take into account respectful engage-

21

ment with and assistance for individuals with a22wide range of visible and nonvisible disabilities;

23(B) provide information on—

MUR24306 DVY

S.L.C.

481
1(i) service animal behavior and wheth-2

er the service animal is appropriately har-3

nessed, leashed, or otherwise tethered; and4(ii) the various types of service ani-

5mals, such as guide dogs, hearing or signal

6dogs, psychiatric service dogs, sensory or

7social signal dogs, and seizure response

8dogs; and9(C) outline the rights and responsibilities

10
11of the handler of the service animal.
(g) DEFINITIONS.—In this section:

12(1) AIR CARRIER.—The term ‘‘air carrier’’ has

13

the meaning given that term in section 40102 of

14

title 49, United States Code.

15(2) FOREIGN AIR CARRIER.—The term ‘‘foreign16

air carrier’’ has the meaning given that term in sec-

17

tion 40102 of title 49, United States Code.

18(3) QUALIFIEDINDIVIDUAL

WITH

A

DIS-

19

ABILITY.—The term ‘‘qualified individual with a dis-20

ability’’ has the meaning given that term in section

21382.3 of title 14, Code of Federal Regulations.

22(4) SERVICE ANIMAL.—The term ‘‘service ani-

23

mal’’ has the meaning given that term in section

24

382.3 of title 14, Code of Federal Regulations.

MUR24306 DVY

S.L.C.

482
1

SEC. 547. EQUAL ACCESSIBILITY TO PASSENGER PORTALS.

2(a) APPLICATIONS AND INFORMATION COMMUNICA-

3

TION TECHNOLOGIES.—Not later than 2 years after the

4 date of enactment of this Act, the Secretary shall, in con5 sultation with the United States Architectural and Trans6 portation Barriers Compliance Board, issue regulations
7 setting forth minimum standards to ensure that individ8 uals with disabilities are able to access customer-focused
9 kiosks, software applications, and websites of air carriers,
10 foreign air carriers, and airports, in a manner that is
11 equally as effective, and has a substantially equivalent
12 ease of use, as for individuals without disabilities.
13(b) CONSISTENCY WITH GUIDELINES.—The stand-14 ards set forth under subsection (a) shall be consistent with
15 the standards contained in the Web Content Accessibility
16 Guidelines 2.1 Level AA of the Web Accessibility Initiative
17 of the World Wide Web Consortium or any subsequent
18 version of such Guidelines.
19(c) REVIEW.—

20(1) AIR CARRIER ACCESS ACT ADVISORY COM-

21

MITTEE REVIEW.—The Air Carrier Access Act Advi-

22

sory Committee shall periodically review, and make23

appropriate recommendations regarding, the accessi-

24bility of websites, kiosks, and information commu-

25

nication technology of air carriers, foreign air car-

MUR24306 DVY

S.L.C.

483
1

riers, and airports, and make such recommendations

2

publicly available.

3(2) DOTREVIEW.—Notlater than 5 years

4

after issuing regulations under subsection (a), and5every 5 years thereafter, the Secretary shall—

6(A) review the recommendations of the Air

7

Carrier Access Act Advisory Committee regard-

8

ing the regulations issued under this subsection;

9

and

10
11
12
13

(B) update such regulations as necessary.
SEC. 548. AIRCRAFT ACCESS STANDARDS.

(a) AIRCRAFT ACCESS STANDARDS.—(1) STANDARDS.—

14(A) ADVANCE NOTICE OF PROPOSED RULE-

15

MAKING.—Not later than 1 year after the date16

of enactment of this Act, the Secretary shall17

issue an advanced notice of proposed rule-18

making regarding standards to ensure that the19

aircraft boarding and deplaning process is ac-

20

cessible, in terms of design for, transportation

21

of, and communication with, individuals with22

disabilities, including individuals who use wheel-

23

chairs.

24
25

(B)

NOTICEOFPROPOSED

RULE-

MAKING.—Not later than 1 year after the date

MUR24306 DVY

S.L.C.

4841

on which the advanced notice of proposed rule-2

making under subparagraph (A) is completed,3

the Secretary shall issue a notice of proposed4

rulemaking regarding standards addressed in

5

subparagraph (A).

6(C) FINAL RULE.—Not later than 1 year

7

after the date on which the notice of proposed8

rulemaking under subparagraph (B) is com-9

pleted, the Secretary shall issue a final rule.

10(2) COVERED AIRPORT, EQUIPMENT, AND FEA-

11

TURES.—The standards prescribed under paragraph

12(1)(A) shall address, at a minimum—

13(A) boarding and deplaning equipment;

14(B) improved procedures to ensure the pri-

15

ority cabin stowage for manual assistive devices

16

pursuant to section 382.67 of title 14, Code of17

Federal Regulations; and18(C) improved cargo hold storage to prevent

19

damage to assistive devices.

20(3) CONSULTATION.—For purposes of the rule-21

making under this subsection, the Secretary shall22

consult with the Access Board and any other rel-23

evant department or agency to determine appro-

24

priate accessibility standards.

MUR24306 DVY

S.L.C.

485
1(b) IN-FLIGHT ENTERTAINMENT RULEMAKING.—

2 Not later than 1 year after the date of the enactment of
3 this Act, the Secretary shall issue a notice of proposed
4 rulemaking in accordance with the November 22, 2016,
5 resolution of the Department of Transportation ACCESS
6 Committee and the consensus recommendation set forth
7 in the Term Sheet Reflecting Agreement of the Access
8 Committee Regarding In-Flight Entertainment.
9(c)

NEGOTIATED

RULEMAKINGON

IN-CABIN

10 WHEELCHAIR RESTRAINT SYSTEMS AND ENPLANING AND
11 DEPLANING STANDARDS.—
12(1) TIMING.—

13(A) IN GENERAL.—Not later than 1 year

14

after completion of the report required by sec-

15

tion 544(e)(2), and if such report finds eco-16

nomic and financial feasibility of air carriers

17

and foreign air carriers implementing seating

18

arrangements that accommodate individuals

19with disabilities using wheelchairs (including

20

power wheelchairs, manual wheelchairs, and21

scooters) in the main cabin during flight, the22Secretary shall conduct a negotiated rulemaking

23

on new type certificated aircraft standards for24

seating arrangements that accommodate such25

individuals in the main cabin during flight orMUR24306 DVY

S.L.C.

486
1

an accessible route to a minimum of 2 aircraft2

passenger seats for passengers to access from3

personal assistive devices of such individuals.

4(B) REQUIREMENT.—The negotiated rule-5

making under subparagraph (A) shall include

6

participation of representatives of—

7(i) air carriers;

8(ii) aircraft manufacturers;

9(iii) national disability organizations;

10(iv) aviation safety experts; and11(v) mobility aid manufacturers.

12(2) NOTICE OF PROPOSED RULEMAKING.—Not

13

later than 1 year after the completion of the nego-

14

tiated rulemaking required under paragraph (1), the15

Secretary shall issue a notice of proposed rule-16

making regarding the standards described in para-

17

graph (1).

18(3) FINAL RULE.—Not later than 1 year after

19

the date on which the notice of proposed rulemaking

20

under paragraph (2) is completed, the Secretary

21

shall issue a final rule regarding the standards de-22

scribed in paragraph (1).

23(4) CONSIDERATIONS.—In the negotiated rule-24

making and rulemaking required under this sub-25

section, the Secretary shall consider—MUR24306 DVY

S.L.C.

487
1(A) a reasonable period for the design, cer-2tification, and construction of aircraft that meet3

the requirements;

4(B) the safety of all persons on-board the5aircraft, including necessary wheelchair stand-6

ards and wheelchair compliance with FAA

7crashworthiness and safety performance cri-

8

teria; and9(C) the costs of design, installation, equi-

10page, and aircraft capacity impacts, including

11

partial fleet equipage and fare impacts.

12(d) VISUAL

13NOUNCEMENTS.—The

AND

TACTILELY ACCESSIBLE ANAdvisory Committee established

14 under section 439 of the FAA Reauthorization Act of
15 2018 (49 U.S.C. 41705 note) shall examine technical solu16 tions and the feasibility of visually and tactilely accessible
17 announcements on-board aircraft.
18(e) AIRPORT FACILITIES.—Not later than 2 years

19 after the date of enactment of this Act, the Secretary
20 shall, in direct consultation with the Access Board, pre21 scribe regulations setting forth minimum standards under
22 section 41705 of title 49, United States Code, that ensure
23 all gates (including counters), ticketing areas, and cus24 tomer service desks covered under such section at airports
25 are accessible to and usable by all individuals with disabil-MUR24306 DVY

S.L.C.

488
1 ities, including through the provision of visually and2 tactilely accessible announcements and full and equal ac3 cess to aural communications.
4(f) DEFINITIONS.—In this section:

5(1) ACCESS BOARD.—The term ‘‘Access Board’’6means the Architectural and Transportation Bar-7

riers Compliance Board.

8(2) AIR CARRIER.—The term ‘‘air carrier’’ has

9

the meaning given such term in section 40102 of

10

title 49, United States Code.

11(3) INDIVIDUAL WITH A DISABILITY.—The term

12‘‘individual with a disability’’ has the meaning given

13such term in section 382.3 of title 14, Code of Fed-14

eral Regulations.

15(4) FOREIGN AIR CARRIER.—The term ‘‘foreign16

air carrier’’ has the meaning given such term in sec-

17

tion 40102 of title 49, United States Code.

18
19

SEC. 549. INVESTIGATION OF COMPLAINTS.

Section 41705(c) of title 49, United States Code, is

20 amended by striking paragraph (1), and inserting the fol21 lowing:
22‘‘(1) IN GENERAL.—The Secretary shall—

23‘‘(A) not later than 120 days after the re-24

ceipt of any complaint of a violation of this sec-MUR24306 DVY

S.L.C.

489
1

tion or a regulation prescribed under this sec-2

tion, investigate such complaint; and3‘‘(B) provide, in writing, to the individual

4that filed the complaint and the air carrier or5foreign air carrier alleged to have violated this6

section or a regulation prescribed under this7

section, the determination of the Secretary with8

respect to—9‘‘(i) whether the air carrier or foreign10

air carrier violated this section or a regula-

11

tion prescribed under this section;‘‘(ii) the facts underlying the com-12

plaint; and13‘‘(iii) any action the Secretary is tak-14

ing in response to the complaint.’’.

15
16

SEC. 550. REMOVAL OF OUTDATED REFERENCES TO PAS-

17
18

SENGERS WITH DISABILITIES.

(a) SOVEREIGNTY AND USE OF AIRSPACE.—Section

19 40103(a)(2) of title 49, United States Code, is amended
20 by striking ‘‘handicapped individuals’’ and inserting ‘‘indi21 viduals with disabilities’’.
22(b) SPECIAL PRICES FOR FOREIGN AIR TRANSPOR-23

TATION.—Section 41511(b)(4) of title 49, United States

24 Code, is amended by striking ‘‘handicap’’ and inserting25 ‘‘disability’’.

MUR24306 DVY

S.L.C.

4901(c) DISCRIMINATION AGAINST INDIVIDUALS WITH

2 DISABILITIES.—Section 41705 of title 49, United States
3 Code, is amended in the heading by striking ‘‘handi4 capped individuals’’ and inserting ‘‘individuals
5 with disabilities’’.
6(d) CLERICAL AMENDMENT.—The analysis for chap-

7 ter 417 of title 49, United States Code, is amended by
8 striking the item relating to section 41705 and inserting
9 the following:‘‘41705. Discrimination against individuals with disabilities.’’.

10
11

SEC. 551. ON-BOARD WHEELCHAIRS IN AIRCRAFT CABIN.

(a) IN GENERAL.—If an individual informs an air

12 carrier or foreign air carrier at the time of booking a ticket
13 for air transportation on a covered aircraft that the indi14 vidual requires the use of any wheelchair, the air carrier
15 or foreign air carrier shall provide information regarding
16 the provision and use of on-board wheelchairs, including
17 the rights and responsibilities of the air carrier and pas18 senger as such rights and responsibilities relate to the pro19 vision and use of on-board wheelchairs.
20(b) AVAILABILITY OF INFORMATION.—An air carrier

21 or foreign air carrier that operates a covered aircraft shall
22 provide on a publicly available website of the carrier infor23 mation regarding the rights and responsibilities of both
24 passengers on such aircraft and the air carrier or foreign
25 air carrier relating to on-board wheelchairs, including—MUR24306 DVY

S.L.C.

491
1(1) that an air carrier or foreign air carrier is2required to equip aircraft that have more than 60

3passenger seats and that have an accessible lavatory4(whether or not having such a lavatory is required5

by section 382.63 of title 14, Code of Federal Regu-

6

lations) with an on-board wheelchair, unless an ex-

7

ception described in such section 382.65 applies;8(2) that a qualified individual with a disability

9(as defined in section 382.3 of title 14, Code of Fed-10eral Regulations (as in effect on date of enactment

11of this Act)) may request an on-board wheelchair on

12

aircraft with more than 60 passenger seats even if

13

the lavatory is not accessible and that the basis of

14

such request must be that the individual can use an15

inaccessible lavatory but cannot reach it from a seat16

without using an on-board wheelchair;17(3) that the air carrier or foreign air carrier

18

may require the qualified individual with a disability

19

to provide the advance notice specified in section

20

382.27 of title 14, Code of Federal Regulations, in21

order for the individual to be provided with the on-

22

board wheelchair; and23(4) if the air carrier or foreign air carrier re-24

quires the advance notice described in paragraphMUR24306 DVY

S.L.C.

492
1(3), information on how such a qualified individual2

with a disability can make such a request.

3(c) DEFINITIONS.—In this section:

4(1) APPLICABILITY OF TERMS.—The definitions

5

contained in section 40102 of title 49, United States

6

Code, apply to this section.

7(2) COVERED AIRCRAFT.—The term ‘‘covered

8

aircraft’’ means an aircraft that is required to be9equipped with on-board wheelchairs in accordance

10with section 382.65 of title 14, Code of Federal Reg-11

ulations.

12
13

SEC. 552. AIRCRAFT ACCESSIBILITY.

(a) IN GENERAL.—Not later than 1 year after the

14 date of enactment of this Act, the Secretary shall initiate
15 a program to study and evaluate the accessibility of new
16 transport category aircraft designs certified, including, at
17 a minimum—
18(1) considering the safe boarding and deplaning

19

processes for such aircraft, including individuals who

20

use wheelchairs or other mobility aids, are blind or21

have limited vision, or are deaf or hard of hearing;

22

and

23
24

(2) determining such aircraft can provide accessible lavatories.

MUR24306 DVY

S.L.C.

493
1(b) CONSULTATION.—In conducting the study and2 evaluation under this section, the Secretary shall consult
3 with—4(1) air carriers;

5(2) aircraft manufacturers and aerospace sup-6
7

ply companies; and(3) other stakeholders as determined appro-

8

priate by the Secretary.

9(c) REPORT AND RECOMMENDATIONS.—Not later10 than 3 years after the date of enactment of this Act, the
11 Secretary shall submit to the appropriate committees of
12 Congress—
13
14
15

(1) a report on the findings of the study andevaluation under subsection (a); and(2) any recommendations based on the findings

16

of such study and evaluation.

17(d) RULE OF CONSTRUCTION.—Nothing in this sec-

18 tion shall be construed to require the Secretary to require
19 the retrofit of transport category aircraft based on the
20 findings and evaluation under subsection (a).
2122Subtitle C—Air Service
Development

23

SEC. 561. ESSENTIAL AIR SERVICE REFORMS.

24(a) REDUCTION IN SUBSIDY CAP.—MUR24306 DVY

S.L.C.

494
1(1) IN GENERAL.—Section 41731(a)(1)(C) of

2

title 49, United States Code, is amended to read as3

follows:‘‘(C) had an average subsidy per pas-

45senger, as determined by the Secretary—6‘‘(i) of less than $1,000 during the7most recent fiscal year beginning before

8

October 1, 2026, regardless of driving

9

miles to the nearest large or medium hub

10

airport;11‘‘(ii) of less than $850 during the12most recent fiscal year beginning after

13

September 30, 2026, regardless of driving

14

miles to the nearest medium or large hub

15

airport; and16‘‘(iii) of less than $650 during the17

most recent fiscal year for locations that18

are less than 175 miles from the nearest

19

large or medium hub airport; and’’.

20(2) NOTICE.—Section 41731(a)(1)(D)(ii) is

21

amended by striking ‘‘90-day’’ and inserting ‘‘140-

22day’’.

23(3) WAIVERS.—Section 41731(e) of title 49,

24

United States Code, is amended to read as follows:25‘‘(e) WAIVERS.—MUR24306 DVY

S.L.C.

495
1‘‘(1) IN GENERAL.—The Secretary may waive,2

on an annual basis, subsections (a)(1)(B) and3(a)(1)(C)(iii) with respect to an eligible place if such4

place demonstrates to the Secretary’s satisfaction

5

that the reason the eligibility requirements of such

6

subsections are not met is due to a temporary de-7cline in demand.

8‘‘(2) LIMITATION.—Beginning with fiscal year

92027, the Secretary may not provide a waiver of10

subsection (a)(1)(B) to any location—

11
12
13

‘‘(A) in more than 2 consecutive fiscal
years; or‘‘(B) in more than 5 fiscal years within 25

14consecutive years.

15‘‘(3) LIMITATION.—Beginning in fiscal year

16

2027, the Secretary may not provide a waiver of17

subsection (a)(1)(C)(iii) to any location—

18
19
20

‘‘(A) in more than 2 consecutive fiscal
years; or‘‘(B) in more than 5 fiscal years within 25

21

consecutive years.’’.

22(4) CONFORMING AMENDMENTS.—

23(A) Section 332 of the Department of

24

Transportation and Related Agencies Appro-

MUR24306 DVY

S.L.C.

496
1

priations Act, 2000 (Public Law 106–69; 49

2

U.S.C. 41731 note) is repealed.

3(B) Subsections (c) and (d) of section 426

4of the FAA Modernization and Reform Act (495

U.S.C. 41731 note) are repealed.

6(b) RESTRICTION ON LENGTH OF ROUTES.—

7(1) IN GENERAL.—Section 41732(a)(1) of title

849, United States Code, is amended to read as fol-

9

lows:

10

‘‘(1) to a medium or large hub airport less than11

650 miles from an eligible place (unless such airport

12

or eligible place are located in a noncontiguous

13

State); or’’.

14(2) EXCEPTION.—The amendment made by

15

paragraph (1) shall not apply to an eligible place

16

that is served by an air carrier selected to receive es-

17sential air service compensation under subchapter II

18

of chapter 417 of title 49, if—

1920(A) such service is in effect upon the dateof enactment of this Act; and21(B) such service is provided by the same22

air carrier that provided service on the date of23

enactment of this Act.

24

(3) SUNSET.—Paragraph (2) shall cease to25

have effect on October 1, 2028.

MUR24306 DVY

S.L.C.

4971(c) IMPROVEMENTS TO BASIC ESSENTIAL AIR SERV-

2

ICE.—Section 41732 of title 49, United States Code, is

3 amended—
4(1) in subsection (a)(2) by inserting ‘‘medium

5or large’’ after ‘‘nearest’’; and6(2) in subsection (b)—7(A) by striking paragraphs (3) and (4);8(B) by redesignating paragraph (5) as

9
10
11

paragraph (3); and(C) by striking paragraph (6).
(d) LEVEL OF BASIC ESSENTIAL AIR SERVICE.—

12 Section 41733 of title 49, United States Code, is amend13 ed—
1415(1) in subsection (c)(1)—(A) by striking subparagraph (B) and in-

16

serting the following:17‘‘(B) the contractual, marketing, code-share, or

18interline arrangements the applicant has made with19

a larger air carrier serving the hub airport;’’;20(B) by striking subparagraph (C);21

(C) by redesignating subparagraphs (D)22through (F) as subparagraphs (C) through (E),23respectively;

MUR24306 DVY

S.L.C.

498
1(D) in subparagraph (C), as so redesig-

2

nated, by striking ‘‘giving substantial weight

3

to’’ and inserting ‘‘including’’;

45(E) in subparagraph (D), as so redesignated, by striking ‘‘and’’ at the end;

6(F) in subparagraph (E), as so redesig-

7

nated, by striking the period and inserting ‘‘;

8and’’; and9(G) by adding at the end the following:

10‘‘(F) the total compensation proposed by the air

11carrier for providing scheduled air service under this12

section.’’; and

13(2) in subsection (h) by striking ‘‘by section

14

332 of the Department of Transportation and Re-

15

lated Agencies Appropriations Act, 2000 (Public16

Law 106–69; 113 Stat. 1022)’’ and inserting ‘‘under17

section 41731(a)(1)(C)’’.

18(e) SENSE OF CONGRESS.—It is the sense of Con-

19 gress that route structures to rural airports serve a critical
20 function to the Nation by connecting many military instal21 lations to major regional airline hubs.
22(f) ENDING, SUSPENDING, AND REDUCING BASIC

23 ESSENTIAL AIR SERVICE.—Section 41734 of title 49,
24 United States Code, is amended—25(1) in subsection (a)—MUR24306 DVY

S.L.C.

499
1(A) by striking ‘‘An air carrier’’ and in-2

serting ‘‘Subject to subsection (d), an air car-3

rier’’; and4(B) by striking ‘‘90’’ and inserting ‘‘140’’;5(2) by striking subsection (d) and inserting the6following:

7‘‘(d) CONTINUATION OF COMPENSATION AFTER NO-

8

TICE PERIOD.—

9‘‘(1) IN GENERAL.—If an air carrier receiving

10compensation under section 41733 for providing

11

basic essential air service to an eligible place is re-

12quired to continue to provide service to such place

13

under this section after the 140-day notice period

14

under subsection (a), the Secretary—15‘‘(A) shall provide the carrier with com-16

pensation sufficient to pay to the carrier the17amount required by the then existing contract18

for performing the basic essential air service

19

that was being provided when the 140-day no-20

tice was given under subsection (a);21‘‘(B) may pay an additional amount that22

represents a reasonable return on investment;

23

and

24

‘‘(C) may pay an additional return that25

recognizes the demonstrated additional lost

MUR24306 DVY

S.L.C.

500
1

profits from opportunities foregone and the2likelihood that those lost profits increase as the3

period during which the carrier or provider is4required to provide the service continues.

5‘‘(2) AUTHORITY.—The Secretary may incor-

6

porate contract termination penalties or conditions

7

on compensation into a contract for an air carrier to8

provide service to an eligible place that take effect9in the event an air carrier provides notice that it is10

ending, suspending, or reducing basic essential air

11service.’’;12(3) in subsection (e) by striking ‘‘providing that13

service after the 90-day notice period’’ and all that14

follows through the period at the end of paragraph15(2) and inserting ‘‘providing that service after the16

140-day notice period required by subsection (a), the17Secretary may provide the air carrier with com-18

pensation after the end of the 140-day notice period

19

to pay for the fully allocated actual cost to the air

20

carrier of performing the basic essential air service

21

that was being provided when the 140-day notice22

was given under subsection (a) plus a reasonable re-23

turn on investment that is at least 5 percent of oper-

24

ating costs.’’; andMUR24306 DVY

S.L.C.

501
1(4) in subsection (f) by inserting ‘‘air’’ after2‘‘find another’’.

3(g) ENHANCED ESSENTIAL AIR SERVICE.—Section

4 41735 of title 49, United States Code, and the item relat5 ing to such section in the analysis for subchapter II of
6 chapter 417 of such title, are repealed.
7(h) COMPENSATION GUIDELINES, LIMITATIONS, AND

8 CLAIMS.—Section 41737(d) of title 49, United States
9 Code, is amended—
10
11
12
13

(1) by striking ‘‘(1)’’ before ‘‘The Secretarymay’’; and(2) by striking paragraph (2).
(i) JOINT PROPOSALS.—Section 41740 of title 49,

14 United States Code, and the item relating to such section
15 in the analysis for subchapter II of chapter 417 of such
16 title, are repealed.
17(j) PRESERVATION OF BASIC ESSENTIAL AIR SERV-18

ICE AT SINGLE CARRIER DOMINATED HUB AIRPORTS.—

19 Section 41744 of title 49, United States Code, and the
20 item relating to such section in the analysis for subchapter
21 II of chapter 417 of such title, are repealed.
2223(k) COMMUNITYANDREGIONAL CHOICE PRO-GRAMS.—Section 41745 of title 49, United States Code,24 is amended—MUR24306 DVY

S.L.C.

502
1(1) in subsection (a)(3), by striking subpara-

2graph (E) and redesignating subparagraph (F) as

3

subparagraph (E);4(2) by striking subsections (b) and (c); and5(3) by redesignating subsections (d) through (g)6as subsections (b) through (e), respectively.

7(l) MARKETING PROGRAM.—Section 41748 of title

8 49, United States Code, and the item relating to such sec9 tion in the analysis for subchapter II of chapter 417 of
10 such title, are repealed.
11

SEC. 562. SMALL COMMUNITY AIR SERVICE DEVELOPMENT

1213GRANTS.

Section 41743 of title 49, United States Code, is

14 amended—
1516(1) in subsection (c)—(A) in paragraph (4)(B), by striking ‘‘10-

17

year’’ and inserting ‘‘5-year’’; and18(B) in paragraph (5)—19(i) by redesignating subparagraphs

20(B) through (G) as subparagraphs (C)21through (H), respectively;2223(ii) by inserting after subparagraph(A) the following:MUR24306 DVY

S.L.C.

503
1‘‘(B) the community has demonstrated

2

support from at least 1 air carrier to provide

3

service;’’; and4(iii) in subparagraph (F), as so redes-

5

ignated, by inserting ‘‘or substantially re-6

duced (as measured by enplanements, ca-

7pacity (seats), schedule, connections, or8routes)’’ after ‘‘terminated’’;9(2) in subsection (d)—10(A) in paragraph (1) by inserting ‘‘, which

11

shall begin with each new grant, including

12

same-project new grants, and which shall be

13

calculated on a non-consecutive basis for air

14carriers that provide air service that is sea-15

sonal’’ after ‘‘3 years’’; and

16(B) in paragraph (2) by inserting ‘‘, or an17

airport where air service has been terminated or

18

substantially reduced,’’ before ‘‘to obtain serv-

19

ice’’;

20(3) in subsection (e)—21(A) in paragraph (1) by inserting ‘‘or the22

community’s current air service needs’’ after

23‘‘the project’’; and

24
25

(B)

in

paragraph(2)

bystriking‘‘$10,000,000 for each of fiscal years 2018

MUR24306 DVY

S.L.C.

504
1

through 2023’’ and all that follows through2‘‘May 10, 2024’’ and inserting ‘‘$15,000,000

3

for each of fiscal years 2024 through 2028’’;4(4) in subsection (g)(4) by striking ‘‘and the5creation of aviation development zones’’; and6(5) by striking subsections (f) and (h) and re-7

designating subsection (g) (as amended by para-

8graph (4)) as subsection (f).

9
10
11

SEC. 563. GAO STUDY AND REPORT ON THE ALTERNATE ESSENTIAL AIR SERVICE PILOT PROGRAM.

(a) STUDY.—The Comptroller General shall study the

12 effectiveness of the alternate essential air service pilot pro13 gram established under section 41745 of title 49, United
14 States Code, (in this section referred to as the ‘‘Alternate
15 EAS program’’), including challenges, if any, that have
16 impeded robust community participation in the Alternate
17 EAS program.
18(b) CONTENTS.—The study required under sub-19 section (a) shall include an assessment of potential
20 changes to the Alternate EAS program and the basic es21 sential air service programs under subchapter II of chap22 ter 417 of title 49, United States Code, including changes
23 in which Governors of States or territories containing es24 sential air service communities would be given block
25 grants in lieu of essential air service subsidies.

MUR24306 DVY

S.L.C.

5051(c) BRIEFING.—Not later than 3 years after the date

2 of enactment of this Act, the Comptroller General shall
3 submit to the appropriate committees of Congress a report
4 on the study required under subsection (a), including any
5 recommendations for legislation and administrative action
6 as the Comptroller General determines appropriate.
78SEC. 564. ESSENTIAL AIR SERVICE IN PARTS OF ALASKA.

Not later than September 1, 2024, the Secretary, in

9 consultation with the appropriate State authority of Alas10 ka, shall review all domestic points in the State of Alaska
11 that were deleted from carrier certificates between July
12 1, 1968, and October 24, 1978, and that were not subse13 quently determined to be an eligible place prior to January
14 1, 1982, as a result of being unpopulated at that time
15 due to destruction during the 1964 earthquake and its re16 sultant tidal wave, to determine whether such points have
17 been resettled or relocated and should be designated as
18 an eligible place entitled to receive a determination of the
19 level of essential air service supported, if necessary, with
20 Federal funds.
21
22
23

SEC. 565. ESSENTIAL AIR SERVICE COMMUNITY PETITION
FOR REVIEW.

(a) IN GENERAL.—Section 41733 of title 49, United

24 States Code, is amended—MUR24306 DVY

S.L.C.

506
1(1) in subsection (b)(2) by inserting ‘‘, as de-2

fined by the Secretary’’ after ‘‘appropriate rep-3

resentative of the place’’; and4(2) by adding at the end the following:

5‘‘(i) COMMUNITY PETITION FOR REVIEW.—

6‘‘(1) PETITION.—An appropriate representative

7of an eligible place, as defined by the Secretary, may

8

submit to the Secretary a petition expressing no con-9

fidence in the air carrier providing basic essential air

10service under this section and requesting a review by

11

the Secretary. A petition submitted under this sub-12

section shall demonstrate that the air carrier—

13‘‘(A) is unwilling or unable to meet the14

operational specifications outlined in the order

15

issued by the Secretary specifying the terms of

16basic essential air service to such place;17‘‘(B) is experiencing reliability challenges

18

with the potential to adversely affect air service

19

to such place; or

20‘‘(C) is no longer able to provide service to21such place at the rate of compensation specified

22

by the Secretary.

23‘‘(2) REVIEW.—Not later than 2 months after

24

the date on which the Secretary receives a petition

25

under paragraph (1), the Secretary shall review theMUR24306 DVY

S.L.C.

507
1

operational performance of the air carrier providing

2

basic essential air service to such place that sub-3

mitted such petition and determine whether such air

4carrier is fully complying with the obligations speci-

5

fied in the order issued by the Secretary specifying

6

the terms of basic essential air service to such place.

7‘‘(3) TERMINATION.—If based on a review

8

under paragraph (2), the Secretary determines non-9

compliance by an air carrier with an order specifying

10

the terms for basic essential air service to the com-11

munity, the Secretary may—

1213‘‘(A) terminate the order issued to the air
carrier; and

14‘‘(B) issue a notice pursuant to subsection

15(c) that an air carrier may apply to provide

16

basic essential air service to such place for com-17

pensation under this section and select an ap-

18

plicant pursuant to such subsection.

19‘‘(4) CONTINUATION OF SERVICE.—If the Sec-20

retary makes a determination under paragraph (3)21to terminate an order issued to an air carrier under

22

this section, the Secretary shall ensure continuity in23

air service to the affected place.’’.

MUR24306 DVY

S.L.C.

508
1
2

SEC. 566. ESSENTIAL AIR SERVICE AUTHORIZATION.

Section 41742(a)(2) of title 49, United States Code,3 is amended by striking ‘‘$155,000,000 for fiscal year
4 2018’’ and all that follows through ‘‘May 10, 2024,’’ and5 inserting‘‘$348,544,000

forfiscal

year

2024,

6 $340,000,000 for fiscal year 2025, $342,000,000 for fis7 cal year 2026, $342,000,000 for fiscal year 2027, and
8 $350,000,000 for fiscal year 2028’’.
910
11SEC. 567. GAO STUDY ON COSTS OF ESSENTIAL AIR SERVICE.

(a) STUDY.—The Comptroller General shall conduct

12 a study of the change in costs of the essential air service
13 program under sections 41731 through 41742 of title 49,
14 United States Code.
15(b) CONTENTS.—In conducting the study required

16 under subsection (a), the Comptroller General shall—
17(1) assess trends in costs of the essential air

18

service program under sections 41731 through1941742 of title 49, United States Code, over the 10-

20

year period ending on the date of enactment of this21Act; and22(2) review potential causes for the increased

23

cost of the essential air service program, including—24(A) labor costs;

25(B) fuel costs;

26(C) aging aircraft costs;

MUR24306 DVY

S.L.C.

509
1(D) air carrier opportunity costs;

2(E) airport costs; and3(F) the effects of the COVID–19 pan-45

demic.
(c) REPORT.—Not later than 18 months after the

6 date of enactment of this Act, the Comptroller General
7 shall submit to the appropriate committees of Congress
8 a report on the results of the study conducted under sub9 section (a).
10
11
12

SEC. 568. RESPONSE TIME FOR APPLICATIONS TO PROVIDEESSENTIAL AIR SERVICE.

The Secretary shall take such actions as are nec-

13 essary to respond with an approval or denial of any appli14 cation filed by an applicant to provide essential air service
15 under subchapter II of chapter 417 of title 49, United
16 States Code, to the greatest extent practicable not later17 than 6 months after receiving such application. The As18 sistant General Counsel for International and Aviation
19 Economic Law shall ensure the timely review of all orders
20 proposed by the Essential Air Service Office, and such
21 timeliness shall be analyzed annually by the General Coun22 sel of the Department of Transportation.

MUR24306 DVY

S.L.C.

510
1
2

SEC. 569. GAO STUDY ON CERTAIN AIRPORT DELAYS.

The Comptroller General shall conduct a study on

3 flight delays in the States of New York, New Jersey, and
4 Connecticut and the possible causes of such delays.
5
6
7

SEC. 570. REPORT ON RESTORATION OF SMALL COMMUNITY AIR SERVICE.

(a) IN GENERAL.—Not later than 90 days after the

8 date of enactment of this Act, the Secretary shall seek
9 to enter into an agreement with the National Academies
10 to conduct a study on the loss of commercial air service
11 in small communities in the United States and options to
12 restore such service.
13(b) CONTENTS.—In conducting the study required

14 under subsection (a), that National Academies shall—
15(1) assess the reduction of scheduled commer-

16

cial air service to small communities over a 5-year

17

period ending on the date of enactment of this Act,18

to include small communities that have lost all

19scheduled commercial air service;20(2) review economic trends that have resulted in21

reduction or loss of scheduled commercial air service

22

to such communities;23(3) review the economic losses of such commu-

24

nities who have suffered a reduction or loss of sched-25

uled commercial air service;MUR24306 DVY

S.L.C.

511
1(4) identify the causes that prompted air car-2riers to reduce or eliminate scheduled commercial air

3

service to such communities;(5) assess the impact of changing aircraft eco-

4
5

nomics; and6(6) identify recommendations that can be imple-

7

mented by such communities or Federal, State, or8

local agencies to aid in the restoration or replace-9

ment of scheduled commercial air service.

10(c) CASE STUDIES.—In conducting the study re-

11 quired under subsection (a), the National Academies shall
12 assess not fewer than 7 communities that have lost com13 mercial air service or have had commercial air service sig14 nificantly reduced in the past 15 years, including—
15(1) Williamsport Regional Airport;

16(2) Alamogordo-White Sands Regional Airport;

17

and

18

(3) Chautauqua County Jamestown Airport.

19(d) REPORT.—Not later than 1 year after the date

20 of enactment of this Act, the National Academies shall
21 submit to the Secretary and the appropriate committees
22 of Congress a report containing—
23
24(1) the results of the study described in subsection (a); andMUR24306 DVY

S.L.C.

5121(2) recommendations to Congress and commu-

2

nities on action that can be taken to improve or re-3

store scheduled commercial service to small commu-

4

nities.

5(e) FUNDING.—No funding made available to carry

6 out subchapter II of chapter 417 of title 49, United States
7 Code, may be used to carry out this section.

9

TITLE VI—MODERNIZING THE
NATIONAL AIRSPACE SYSTEM

10

SEC. 601. INSTRUMENT LANDING SYSTEM INSTALLATION.

811(a) IN GENERAL.—Not later than January 1, 2025,

12 the Administrator shall expedite the installation of at least
13 15 instrument landing systems (in this section referred to
14 as ‘‘ILS’’) in the national airspace system by utilizing the
15 existing ILS contract vehicle and the employees of the
16 FAA.
17(b) REQUIREMENTS.—In carrying out subsection (a),18 the Administrator shall—
19(1) incorporate lessons learned from installa-

20

tions under section 44502(a)(4) of title 49, United

21

States Code;2223(2) record metrics of cost and time savings ofexpedited installations;MUR24306 DVY

S.L.C.

513
1(3) consider opportunities to further develop

2

ILS technical expertise among the employees of the3

FAA; and4(4) consider the cost-benefit analysis of utilizing

5

the existing ILS contract vehicle, the employees of6

the FAA, or both, to accelerate the installation and7

deployment of procured equipment.

8(c) BRIEFING TO CONGRESS.—Not later than June

9 30, 2025, the Administrator shall brief the appropriate
10 committees of Congress—(1) on the installation of ILS under this sec-

11
12
13
14

tion;
(2) describing any planned near-term ILS installations; and15(3) outlining the approach of the FAA to accel-

16

erate future procurement and installation of ILS

17

throughout the national airspace system in a manner

18

consistent with the requirements of title VIII of divi-

19

sion J of the Infrastructure Investment and Jobs

20

Act (Public Law 117–58).

21

SEC. 602. NAVIGATION AIDS STUDY.

22(a) IN GENERAL.—Not later than 180 days after the

23 date of enactment of this Act, the inspector general of the
24 Department of Transportation shall initiate a study exam25 ining the effects of reclassifying navigation aids to Design

MUR24306 DVY

S.L.C.

514
1 Assurance Level–A from Design Assurance Level–B, in2 cluding the following navigation aids:3(1) Distance measuring equipment.

4(2) Very high frequency omni-directional range.

5(3) Tactical air navigation.

6(4) Wide area augmentation system.

7(b) CONTENTS.—In conducting the study required

8 under subsection (a), the inspector general shall address—
910(1) the cost-benefit analyses associated with thereclassification described in such subsection;

11(2) the findings from the operational safety as-

12sessments and preliminary hazard analyses of the

13

navigation aids listed in such subsection;

14
15
16
17
18

(3) the risks of such reclassification on navigation aid equipment currently in use;
(4) the potential impacts on global interoperability of navigational aids; and(5) what additional actions should be taken

19

based on the findings of this subsection.

20(c) REPORT.—Not later than 24 months after the

21 date of enactment of this Act, the inspector general shall
22 submit to the appropriate committees of Congress a report
23 describing the results of the study conducted under sub24 section (a).

MUR24306 DVY

S.L.C.

515
1
2

SEC. 603. NEXTGEN ACCOUNTABILITY REVIEW.

(a) IN GENERAL.—Not later than December 31,

3 2026, the Administrator shall seek to enter into an agree4 ment with the National Academy of Public Administration
5 to initiate a review to assess the performance of the FAA
6 in delivering and implementing quantifiable operational
7 benefits to the national airspace system within the
8 NextGen program.
9(b) REVIEW REQUIREMENTS.—In conducting the re-

10 view required under subsection (a), the National Academy
11 of Public Administration shall—
12(1) leverage metrics used by the FAA to quan-

13

tify the benefits of NextGen technology and invest-

14

ments;

15(2) validate metrics and identify additional

16

metrics the FAA can use to track national airspace

17

system throughput and savings as a result of18

NextGen investments—

19
20
21
22
23
24
25
26

(A) by calculating a per flight average,
weighted by distance, of the—(i) reduction and cumulative savingsof track miles and time savings;(ii) reduction and cumulative savingsof emissions and fuel burn; and(iii) reduction of aircraft operation
time; and

MUR24306 DVY

S.L.C.

516
1(B) by using any other metrics that the2

National Academy determines may provide in-3sights into the quantifiable benefits for opera-

4

tors in the national airspace system; and5(3) validate current metrics and identify addi-

6tional metrics the FAA can use to track and assess

7

fleet equipage across operators in the national air-8

space system, including identifying—

9(A) the percentage of aircraft equipped10with NextGen avionics equipment as rec-11

ommended in the report of the NextGen Advi-

12

sory Committee titled ‘‘Minimum Capabilities

13

List (MCL) Ad Hoc Team NAC Task 19-1 Re-

14

port’’, issued on November 17, 2020;

15(B) quantified costs and benefits for an

16

operator to properly equip an aircraft with17

baseline NextGen avionics equipment over the

18

lifecycle of such aircraft; and19(C) cumulative unrealized NextGen bene-

20

fits associated with rates of mixed equipage

21

across operators.

22(c) INDUSTRY CONSULTATION.—In conducting the

23 review required under subsection (a), the National Acad24 emy of Public Administration may consult with aviation
25 industry stakeholders.

MUR24306 DVY

S.L.C.

517
1(d) REPORT.—Not later than 270 days after the initi-

2 ation of the review under subsection (a), the National
3 Academy shall submit to the Administrator and the appro4 priate committees of Congress a report containing any
5 findings and recommendations under such review.
6(e) PUBLICATION.—Not later than 180 days after re-

7 ceiving the report required under subsection (d), the Ad8 ministrator shall establish a website of the FAA that can
9 be used to monitor and update—
10(1) the metrics identified by the review con-11

ducted under subsection (a) on a quarterly and an-

12nual basis through 2030, as appropriate; and13(2) the total amount invested in NextGen tech-

14

nologies and resulting quantifiable benefits on a

15

quarterly basis until the Administrator announces

16

the completion of NextGen implementation.

17
18

SEC. 604. AIRSPACE ACCESS.

(a) COALESCING AIRSPACE.—

19(1) REVIEW OF NATIONAL AIRSPACE SYSTEM.—

20

Not later than 3 years after the date of enactment

21of this Act, the Administrator, in coordination with22

the Secretary of Defense, shall conduct a com-23

prehensive review of the airspace of the national air-24

space system, including special use airspace.

MUR24306 DVY

S.L.C.

518
1(2) STREAMLINING AND EXPEDITING ACCESS.—2

In carrying out paragraph (1), the Administrator

3

shall identify methods to streamline, expedite, and4provide greater flexibility of access to certain cat-5

egories of airspace for users of the national airspace6

system who may not regularly have such access.

7(b) BRIEFING.—

8(1) IN GENERAL.—Not later than 3 months

9

after the completion of review the under subsection

10(a), the Administrator shall brief the appropriate

11

committees of Congress on the findings of such re-12view and a proposed action plan to improve access13

to airspace for users of the national airspace system.

14(2) CONTENTS.—In the briefing under para-

15

graph (1), the Administrator shall include, at a min-16

imum, the following:

17(A) An identification of current challenges

18

and barriers faced by airspace users in access-19

ing certain categories of airspace, including spe-

20

cial use airspace.

21(B) An evaluation of existing procedures,

22

regulations, and requirements that may impede

23

or delay access to certain categories of airspace24

for certain users of the national airspace sys-

25

tem.

MUR24306 DVY

S.L.C.

519
1(C) Actions for streamlining and expe-

2

diting the airspace access process, including po-

3

tential regulatory changes, technological ad-

4vancements, and enhanced coordination among5

relevant stakeholders and Federal agencies.

6(D) If determined appropriate, an imple-

7

mentation plan for a framework that allows for8

temporary access to certain categories of air-9

space, including special use airspace, by users

10of the national airspace system who do not have11

regular access to such airspace.

12(E) An assessment of the impact of air-

13

space access improvements described in para-

14

graph (1) on the safety of, efficiency of, and15

economic opportunities for airspace users, in-16

cluding—

17(i) military operators;

18(ii) commercial operators; and19(iii) general aviation operators.

2021(3) IMPLEMENTATION AND FOLLOW-UP.—(A) ACTION

PLAN.—The

Administrator

22

shall take such actions as are necessary to im-

23

plement the action plan developed pursuant to24

this section.

MUR24306 DVY

S.L.C.

520
1(B) COORDINATION.—In implementing the2

action plan under subparagraph (A), the Ad-3ministrator shall coordinate with relevant stake-4

holders, including airspace users and the Sec-5

retary of Defense, to ensure effective implemen-

6tation of such action plan, and ongoing collabo-

7

ration in addressing airspace access challenges.

8(C) PROGRESS REPORTS.—The Adminis-

9

trator shall provide to the appropriate commit-

10

tees of Congress periodic briefings on the imple-

11

mentation of the action plan developed under

12

this subparagraph (A), including updates on—

13(i) the adoption of streamlined procedures;

1415(ii) technological enhancements; and16(iii) any regulatory changes necessary
to improve airspace access and flexibility.

17
18
19

SEC. 605. FAA CONTRACT TOWER WORKFORCE AUDIT.

(a) IN GENERAL.—Not later than 120 days after the

20 date of enactment of this Act, the inspector general of the
21 Department of Transportation shall initiate an audit of
22 the workforce needs of the Contract Tower Program, as
23 established under section 47124 of title 49, United States
24 Code.

MUR24306 DVY

S.L.C.

521
1(b) CONTENTS.—In conducting the audit required

2 under subsection (a), the inspector general shall, at a min3 imum—
4(1) review the assumptions and methodologies

5

used in assessing FAA contract towers staffing lev-6

els and determine the adequacy of staffing levels at

7such towers;

8(2) evaluate the supply and demand of trained

9and certificated personnel prepared for work and10such towers;

11(3) examine efforts to establish an air traffic

12

controller training program or curriculum to allow

13

contract tower contractors to conduct—

14(A) initial training of controller candidates

15

employed or soon to be employed by such con-16

tractors who do not have a Control Tower Op-

17

erator certificate or a FAA tower credential;

18(B) any initial training for controller can-19

didates who have completed an approved Air

20

Traffic Collegiate Training Initiative program

21

from an accredited school that has a dem-

22

onstrated successful curriculum; or

2324(C) on-the-job training of such candidates
described in subparagraphs (A) or (B);MUR24306 DVY

S.L.C.

5221(4) assess whether establishing pathways to2

allow contract tower contractors to use the air traf-

3

fic technical training academy of the FAA, or other4

means such as higher educational institutions, to5provide initial technical training for air traffic con-6

trollers employed by such contractors could improve7

the workforce needs of the contract tower program

8

and any related impact such training may have on

9

air traffic controller staffing more broadly; and

10(5) consult with the exclusive bargaining rep-11

resentative of the air traffic controllers certified

12

under section 7111 of title 5, United States Code.

13(c) REPORT.—Not later than 90 days after the com-

14 pletion of the audit under subsection (a), the inspector
15 general shall submit to the appropriate committees of Con16 gress a report on the findings of such audit and any rec17 ommendations as a result of such audit.
18(d) IMPLEMENTATION.—The Administrator shall

19 take such actions as are necessary to implement any rec20 ommendations included in the report required under sub21 section (c) with which the Administrator concurs.
22(e) RULE OF CONSTRUCTION.—Nothing in this sub-23 section shall be construed as a delegation of authority by
24 the Administrator to air traffic control contractors for theMUR24306 DVY

S.L.C.

523
1 purposes of issuing initial certifications to air traffic con2 trollers.
3
4

SEC. 606. AIR TRAFFIC CONTROL TOWER SAFETY.

In designing, adopting a design, or constructing an

5 air traffic control tower based on a previously adopted de6 sign, the Administrator shall prioritize the safety of the
7 national airspace system, the safety of employees of the
8 Administration, the operational reliability of such air traf9 fic control tower, and the costs of such tower.
1011SEC. 607. AIR TRAFFIC SERVICES DATA REPORTS.

Section 45303(g)(2)(A) of title 49, United States

12 Code, is amended by striking ‘‘8 years’’ and inserting ‘‘14
13 years’’.
14
15
16

SEC. 608. CONSIDERATION OF SMALL HUB CONTROL TOWERS.

In selecting projects for the replacement of federally

17 owned air traffic control towers from funds made available
18 under the heading ‘‘Federal Aviation Administration—Fa19 cilities and Equipment’’ in title VIII of division J of the
20 Infrastructure Investment and Jobs Act (Public Law 117–
21 58), the Administrator shall consider selecting projects at
22 small hub commercial service airports with control towers
23 that are at least 50 years old.
24
25

SEC. 609. FLIGHT PROFILE OPTIMIZATION.

(a) PILOT PROGRAM.—MUR24306 DVY

S.L.C.

5241(1) ESTABLISHMENT.—The Administrator shall2

establish a pilot program to award grants to air

3

traffic flow management technology providers to de-4velop prototype capabilities to incorporate flight pro-5

file optimization (in this section referred to as

6‘‘FPO’’) into the trajectory based-operations air

7

traffic flow management system of the FAA.

8(2) CONSIDERATIONS.—In establishing the pilot

9

program under paragraph (1), the Administrator

10

shall consider the following:

11(A) The extent to which developed FPO

12capabilities may reduce strain on the national13

airspace system infrastructure while facilitating

14

safe and efficient flow of future air traffic vol-15

umes and diverse range of aircraft and ad-

16vanced aviation aircraft.

17(B) The extent to which developed FPO

18

capabilities may achieve environmental benefits

19

and time savings.

20(C) The perspectives of FAA employees re-21

sponsible for air traffic flow management devel-

22

opment projects, bilateral civil aviation regu-

23

latory partners, and industry applicants on the24

performance of the FAA in carrying out air

MUR24306 DVY

S.L.C.

525
1

traffic flow management system development

2

projects.
(D) Any other information the Adminis-

3
4

trator determines appropriate.

5(3) APPLICATION.—To be eligible to receive a6

grant under the program, an air traffic flow man-7

agement technology provider shall submit an appli-8

cation to the Administrator at such time, in such9manner, and containing such information as the Ad-

10ministrator may require.

11(4) MAXIMUMAMOUNT.—Agrant awarded

12

under the program may not exceed $2,000,000 to a13

single air traffic flow management technology pro-14

vider.

15(b) BRIEFING TO CONGRESS.—Not later than 1 year

16 after the date of enactment of this Act, and annually
17 thereafter until the termination of the pilot program under18 subsection (d) established under this section, the Adminis19 trator shall brief the appropriate committees of Congress
20 on the progress of such pilot program, including any im21 plementation challenges of the program, detailed metrics
22 of the program, and any suggested action to achieve the23 adoption of FPO.
24(c) TRAJECTORY-BASED OPERATIONS DEFINED.—In

25 this section, the term ‘‘trajectory-based operations’’ means

MUR24306 DVY

S.L.C.

526
1 an air traffic flow management method for strategically
2 planning, managing, and optimizing flights that uses time3 based management, performance-based navigation, and4 other capabilities and processes to achieve air traffic flow
5 management operational objectives and improvements.
6(d) SUNSET.—The pilot program under this section

7 shall terminate on October 1, 2028.
8910SEC. 610. EXTENSION OF ENHANCED AIR TRAFFIC SERVICES PILOT PROGRAM.

Section 547 of the FAA Reauthorization Act of 2018

11 (49 U.S.C. 40103 note) is amended—
12(1) by striking subsection (d) and inserting the13

following:

14‘‘(d) DEFINITIONS.—In this section:

15‘‘(1) CERTAIN NEXTGEN AVIONICS.—The term

16

‘certain NextGen avionics’ means those avionics and17baseline capabilities as recommended in the report of18

the NextGen Advisory Committee titled ‘Minimum

19

Capabilities List (MCL) Ad Hoc Team NAC Task

20

19-1 Report’, issued on November 17, 2020.

21‘‘(2) PREFERENTIAL BASIS.—The term ‘pref-

22

erential basis’ means prioritizing aircraft equipped

23

with certain NextGen avionics by providing them24

more efficient service, shorter queuing, or priority

25

clearances to the maximum extent possible without

MUR24306 DVY

S.L.C.

5271

reducing overall capacity or safety of the national2

airspace system.’’; and(2) in subsection (e) by striking ‘‘May 10,3452024’’ and inserting ‘‘September 30, 2028’’.
SEC. 611. FEDERAL CONTACT TOWER WAGE DETERMINA-

6
7

TIONS AND POSITIONS.

(a) IN GENERAL.—The Secretary shall request that

8 the Secretary of Labor—
9(1) review and update, as necessary, including10

to account for cost-of-living adjustments, the basis

11

for the wage determination for air traffic controllers

12

who are employed at air traffic control towers oper-

13

ated under the Contract Tower Program established14

under section 47124 of title 49, United States Code;15(2) reassess the basis for air traffic controller

16occupation codes;

17(3) create a new wage determination category18

or occupation code for managers of air traffic con-19

trollers who are employed at air traffic control tow-

20

ers operated under the Contract Tower Program;

21

and

22

(4) consult with the Administrator in carrying

23

out the requirements of paragraphs (1) through (3).

24(b) REPORT.—Not later than 2 years after the date

25 of enactment of this Act, the Secretary, in consultation

MUR24306 DVY

S.L.C.

528
1 with the Secretary of Labor, shall submit to the appro2 priate committees of Congress a report that includes—
3(1) a description of the findings and conclusions

4of the review and reassessment made under sub-5

section (a);67(2) an explanation of and justification for thebasis for the wage determination; and

8(3) a description of the actions taken by the9

Department of Transportation and the Department

10of Labor to ensure that contract tower air traffic

11

controller wages are adjusted for inflation and are

12

assigned the appropriate occupation codes.

13
14
15

SEC. 612. BRIEFING ON RADIO COMMUNICATIONS COVERAGE AROUND MOUNTAINOUS TERRAIN.

(a) BRIEFING REQUIREMENT.—Not later than 180

16 days after the date of enactment of this Act, the Adminis17 trator shall brief the appropriate committees of Congress
18 on the radio communications coverage within the airspace
19 surrounding the Mena Intermountain Municipal Airport
20 in Mena, Arkansas.
21(b) BRIEFING CONTENTS.—The briefing required

22 under subsection (a) shall include the following:
23(1) The radio communications coverage within24

the airspace surrounding the Mena IntermountainMUR24306 DVY

S.L.C.

529
1

Municipal Airport with the applicable Air Route2

Traffic Control Center.
(2) The altitudes at which radio communica-

3

tions capabilities are lost within such airspace.

45(3) Recommendations on changes to increase

6

radio communications coverage below 4,000 feet

7

above ground level within such airspace.

8

SEC.

613.

9

AERONAUTICAL

MOBILECOMMUNICATIONSSERVICES.

10(a) SATELLITE VOICE COMMUNICATIONS SERV-

11

ICES.—The Administrator shall evaluate the addition of

12 satellite voice communication services (in this section re13 ferred to as ‘‘SatVoice’’) to the Aeronautical Mobile Com14 munications program (in this section referred to as the
15 ‘‘AMCS program’’) that provides for the delivery of air
16 traffic control messages in oceanic and remote continental
17 airspace.
18
19

(b)

ANALYSISAND

IMPLEMENTATIONPROCE-DURES.—Not later than 1 year after the date of enact-

20 ment of this Act, the Administrator shall begin to develop
21 the safety case analysis and implementation procedures
22 for SatVoice instructions over the controlled oceanic and
23 remote continental airspace regions of the FAA.

MUR24306 DVY

S.L.C.

530
1(c) REQUIREMENTS.—The analysis and implementa-

2 tion procedures required under subsection (b) shall in3 clude, at a minimum, the following:
456
7(1) Network and protocol testing and integration with satellite service providers.
(2) Operational testing with aircraft to identify
and resolve performance issues.

8(3) A definition of Satcom Standards and Rec-9

ommended Practices established through a collabora-

10tion with the International Civil Aviation Organiza-

11tion, which shall include an RCP-130 performance12

standard as well as SatVoice standards.

1314(4) Training for radio operators on new operation procedures and protocols.

15(5) A phased implementation plan for incor-

16

porating SatVoice services into the AMCS program.

17(6) The estimated cost of the implementation

18

procedures for relevant stakeholders.

19(d) HF/VHF MINIMUM EQUIPAGE.—

20(1) RULE OF CONSTRUCTION.—Nothing in this21

section shall be construed to affect the HF/VHF eq-

22uipage requirement for communications in oceanic23

and remote continental airspace as of the date of en-

24

actment of this Act.

MUR24306 DVY

S.L.C.

531
1(2) MAINTENANCE OF HF/VHF SERVICES.—The

2

Administrator shall maintain HF/VHF services ex-

3

isting as of the date of enactment of this Act as4minimum equipage under the AMCS program to5

provide for auxiliary communication and maintain6

safety in the event of a satellite outage.

7

SEC. 614. DELIVERY OF CLEARANCE TO PILOTS VIA INTER-

89NET PROTOCOL.

(a) IN GENERAL.—Not later than 18 months after

10 the date of enactment of this Act, the Administrator shall
11 establish a pilot program to conduct testing and an evalua12 tion to determine the feasibility of the use, in air traffic
13 control towers, of technology for mobile clearance delivery
14 for general aviation and on-demand air carriers operating
15 under part 135 of title 14, Code of Federal Regulations,
16 at suitable airports that do not have tower data link serv17 ices.
18(b) AIRPORT SELECTION.—

19(1) IN GENERAL.—The Administrator shall des-20

ignate 5 suitable airports for participation in the21

program established under subsection (a) after con-22

sultation with the exclusive representatives of air

23

traffic controllers certified under section 7111 of

24

title 5, United States Code, airport sponsors, air-MUR24306 DVY

S.L.C.

532
1

craft and avionics manufacturers, MITRE, and air-2

craft operators

3(2) AIRPORT SIZE AND COMPLEXITY.—In desig-

4nating airports under paragraph (1), the Adminis-

5

trator shall designate airports of different size and6complexity.

7(c) PROGRAM OBJECTIVE.—The program established

8 under subsection (a) shall address and include safety, se9 curity, and operational requirements for mobile clearance
10 delivery at airports and heliports across the United States.
11(d) REPORT.—Not later than 1 year after the date

12 on which the program under subsection (a) is established,
13 the Administrator shall submit to the appropriate commit14 tees of Congress a report on the safety, security, and oper15 ational performance of mobile clearance delivery at air16 ports pursuant to this section and recommendations on
17 how best to improve the program.
18(e) DEFINITIONS.—In this section:

19(1) MOBILE CLEARANCE DELIVERY.—The term

20‘‘mobile clearance delivery’’ means the delivery of ac-

21

cess to departure clearance and clearance cancella-

22tion via internet protocol via applications to pilots

23

while aircraft are on the ground where traditional

24

data link installations are not feasible or possible.

MUR24306 DVY

S.L.C.

533
1(2) TOWER DATA LINK SERVICES.—The term

2‘‘tower data link services’’ means communications

3

between controllers and pilots using controller-pilot

4data link communications.

5(3) SUITABLE AIRPORT.—The term ‘‘suitable

6

airport’’ means towered airports, non-towered air-7

ports, and heliports.

89SEC. 615. STUDY ON CONGESTED AIRSPACE.

(a) STUDY.—Not later than 270 days after the date

10 of enactment of this Act, the Comptroller General shall11 initiate a study on the efficiency and efficacy of scheduled
12 commercial air service transiting congested airspace.
13(b) CONTENTS.—In carrying out the study required

14 under subsection (a), the Comptroller General shall exam15 ine—
(1) various regions of congested airspace and1617

the differing factors of such regions;18(2) commercial air service;19(3) military flight activity;

20(4) emergency response activity;21(5) commercial space launch and reentry activi-

22

ties;

23

(6) weather; and24(7) air traffic controller staffing.

MUR24306 DVY

S.L.C.

5341(c) REPORT.—Not later than 18 months after the ini-

2 tiation of the study under subsection (a), the Comptroller
3 General shall submit to the appropriate committees of
4 Congress a report on the results of the study and rec5 ommendations to reduce the impacts to scheduled air serv6 ice transiting congested airspace.
78SEC. 616. BRIEFING ON LIT VORTAC PROJECT.

(a) IN GENERAL.—Not later than 180 days after the

9 date of enactment of this Act, the Administrator shall
10 brief the appropriate committees of Congress on the Little
11 Rock Port Authority Very High Frequency Omni-Direc12 tional Radio Range Tactical Air Navigation Aid Project
13 (in this section referred to as ‘‘LIT VORTAC’’).
14(b) BRIEFING CONTENTS.—The briefing required

15 under subsection (a) shall include the following:
16
17
18
19

(1) The status of the efforts by the FAA to relocate the LIT VORTAC.
(2) The status of new flight planning of the relocated LIT VORTAC.

20(3) A description of and timeline for each re-21

maining phase of the relocation of the LIT

22

VORTAC .

23
24

SEC. 617. SURFACE SURVEILLANCE.

(a) IN GENERAL.—Not later than 1 year after the

25 date of enactment of this Act, the Administrator shall con-

MUR24306 DVY

S.L.C.

535
1 duct a review of surface surveillance systems that are
2 operational as of such date of enactment.
3(b) CONTENTS.—In carrying out the review under

4 subsection (a), the Administrator shall—
5(1) demonstrate that any change to the configu-

6

ration of surface surveillance systems or decommis-

7

sioning of a sensor from such systems provides an8equivalent level of safety as the current system;

9(2) determine how a technology refresh of leg-10

acy sensor equipment can reduce operational and11

maintenance costs of surface surveillance systems

12compared to current costs and extend the useful life13

and affordability of such systems; and

14(3) consider how to enhance such systems

15

through new capabilities and software tools that im-

16

prove the safety of terminal airspace and the airport

17

surface.

18(c) CONSULTATION.—In carrying out the review

19 under subsection (a), the Administrator shall consult
20 with—21(1) aviation safety experts with specific knowl-

22edge of surface surveillance technology, including

23

multilateration and automatic dependent surveil-

24

lance-broadcast;MUR24306 DVY

S.L.C.

536
1(2) representatives of the exclusive bargaining

2

representative of the air traffic controllers certified

3

under section 7111 of title 5, United States Code,4

with expertise in surface safety; and5(3) representatives of the exclusive bargaining

6

representative of airway transportation systems spe-

7

cialists of the FAA certified under section 7111 of

8

title 5, United States Code.

9(d) BRIEFING.—Upon completion of the review under

10 subsection (a), the Administrator shall brief the appro11 priate committees of Congress on the findings of such re12 view.
13(e) IMPLEMENTATION.—The Administrator may im-

14 plement changes to surface surveillance systems consistent
15 with the findings of the review described in subsection (d).
1617SEC. 618. CONSIDERATION OF THIRD-PARTY SERVICES.

(a) PLANS AND POLICY.—Section 44501 of title 49,

18 United States Code, is amended—19(1) in subsection (a) by striking ‘‘development

20

and location of air navigation facilities’’ and insert-21

ing ‘‘development of air navigation facilities and22

services’’; and23(2) in subsection (b)—MUR24306 DVY

S.L.C.

537
1(A) by striking ‘‘and development’’ and in-2

serting ‘‘procurement, and development’’ each3

place it appears;

4(B) in paragraph (1) by striking ‘‘facilities

5and equipment’’ and inserting ‘‘facilities, serv-

6

ices, and equipment’’;

7(C) in paragraph (2)—8(i) in the matter preceding subpara-

9graph (A) by striking ‘‘first and 2d years’’10

and inserting ‘‘first and second years’’;

11

and

12

(ii) in subparagraph (C) by striking

13‘‘subclauses (A) and (B) of this clause’’14

and inserting ‘‘subparagraphs (A) and

15(B)’’;

16(D) in paragraph (3)—17(i) by striking ‘‘the 3d, 4th, and 5th’’18

and inserting ‘‘the third, fourth, and19

fifth’’; and20(ii) by striking ‘‘systems and facili-

21

ties’’ and inserting ‘‘systems, services, and22

facilities’’; and23(E) in paragraph (4)(B) by striking

24‘‘growth of aviation’’ and inserting ‘‘growth of25

the aerospace industry’’.

MUR24306 DVY

S.L.C.

538
12(b) SYSTEMS, PROCEDURES, FACILITIES, SERVICES,AND DEVICES.—(1) IN GENERAL.—Section 44505 of title 49,

34

United States Code, is amended—(A) in the section heading by striking

5
6

‘‘AND

DEVICES’’7

and devices’’;and inserting ‘‘services,

8(B) in subsection (a) by striking ‘‘and de-9vices’’ and inserting ‘‘services, and devices’’

10each place it appears; and11(C) in subsection (b) by striking ‘‘develop

12

dynamic simulation models’’ and inserting ‘‘de-13velop or procure dynamic simulation models and14

tools’’ each place it appears.

15(2) CLERICAL AMENDMENT.—The analysis for

16

chapter 445 of title 49, United States Code, is17amended by striking the item relating to section

1844505 and inserting the following:‘‘44505. Systems, procedures, facilities, services, and devices.’’.

19
20

SEC. 619. NEXTGEN PROGRAMS.

(a) IN GENERAL.—Not later than 180 days after the

21 date of enactment of this Act, and periodically thereafter
22 as the Administrator determines appropriate, the Admin23 istrator shall convene FAA officials to evaluate and expe24 dite the implementation of NextGen programs and capa25 bilities.

MUR24306 DVY

S.L.C.

539
1(b) NEXTGEN PROGRAM PRIORITIZATION.—In allo-

2 cating amounts appropriated pursuant to section 48101(a)3 of title 49, United States Code, the Secretary shall give
4 priority to the following activities:
5(1) Performance-based navigation.

6(2) Data communications.

7(3) Terminal flight data manager.

8(4) Aeronautical information management.

9(5) Other activities as recommended by the10

NextGen Advisory Committee and determined by the11Administrator to be appropriate.

12(c) PERFORMANCE-BASED NAVIGATION.—

13(1) IN GENERAL.—Not later than 3 years after14

the date of enactment of this Act, the Administrator

15

shall fully implement performance-based navigation

16

procedures for all terminal and enroute routes, in-17cluding approach and departure procedures for cov-

18

ered airports.

19(2) SPECIFIC PROCEDURES.—Pursuant to para-

20

graph (1), the Administrator shall prioritize the fol-21

lowing performance-based navigation procedures:

22(A) Trajectory-based operations.

23(B) Optimized profile descents.

24(C) Multiple airport route separation.

MUR24306 DVY

S.L.C.

540(D) Established on required navigation

1
2

performance.

3(E) Converging runway display aids.

4(3) PERFORMANCE-BASED NAVIGATION BASE-

5LINE EQUIPAGE REQUIREMENTS.—In

6

paragraph (1), the Administrator shall issue such

7

regulations as may be required, and publish applica-

8

ble advisory circulars, to establish the equipage base-9line appropriate for aircraft to safely use perform-

10

ance-based navigation procedures.

11(4) UTILIZATIONACTION

carrying out

PLAN.—Not

later

12

than 180 days after enactment of this Act, the Ad-

13ministrator shall, in consultation with certified labor

14

representatives of air traffic controllers and the15

NextGen Advisory Committee, develop an action

16

plan to utilize performance-based navigation proce-17

dures as a primary means of navigation to further

18

reduce the dependency on legacy systems within the19national airspace system.

20(d) DATA COMMUNICATIONS.—

21(1) IN GENERAL.—Not later than 2 years after

22

the date of enactment of this Act, the Administrator

23

shall fully implement the use of data communica-

24

tions.

MUR24306 DVY

S.L.C.

541
1(2) SPECIFIC CAPABILITIES.—In carrying out

2subsection (a) and this subsection, the Administrator

3

shall prioritize the following data communications

4

capabilities:

5(A) Ground-to-ground message exchange

6

for surface aircraft operations and runway safe-

7

ty at airports.
(B) Automated message generation and re-89ceipt.

10(C) Message routing and transmission.

11(D) Direct communications with aircraft

12

avionics.

13(E) Implementation of data communica-

14

tions at all Air Route Traffic Control Centers.

15(F) The Future Air Navigation System.

16(e) TERMINAL FLIGHT DATA MANAGER AND OTHER

17 SYSTEMS.—
18(1) TERMINAL FLIGHT DATA MANAGER.—Not

19

later than 4 years after the date of enactment of

20

this Act, the Administrator shall install the Ter-

21

minal Flight Data Manager system at not less than22

the 40 airports in the United States based on the23highest number of annual aircraft operations or a24

determination of operational need and the impact ofMUR24306 DVY

S.L.C.

542
1

installation and deployment on the national airspace2

system.

3(2) ELECTRONIC FLIGHT STRIPS.—At a min-4

imum, the Administrator shall implement electronic

5

flight strips at the air traffic control towers of air-6

ports described in paragraph (1).

7(3) FLOWMANAGEMENT

DATA

AND

SERV-

8

ICES.—Not later than 4 years after the date of en-

9

actment of this Act, if the Administrator finds that

10

Terminal Flight Data Manager systems would be11

beneficial to safety or efficiency, the Administrator

12

shall install Flow Management Data and Services at

13

airports described under paragraph (1).

14(4) APPROPRIATIONS.—The activities under

15

paragraphs (1), (2), and (3) of this subsection shall16

be contingent on the appropriation of funds to carry17

out this subsection.

18(5) BRIEFING.—Not later than 180 days after

19

the date of enactment of this Act, the Administrator

20

shall brief the appropriate committees of Congress,

21

the Committee on Appropriations of the House of

22

Representatives, and the Committee on Appropria-

23

tions of the Senate on the projected cost of imple-

24

menting paragraph (1) and the projected cost of in-25

stalling the Terminal Flight Data Manager system

MUR24306 DVY

S.L.C.

543
1

at an additional 49 airports based on the criteria

2

under paragraph (1).

3(f) AERONAUTICAL INFORMATION MANAGEMENT

4 SYSTEMS.—
5(1) IN GENERAL.—Not later than 3 years after6

the date of enactment of this Act, the Administrator

7

shall fully modernize the aeronautical information

8

management systems of the FAA to improve the9functionality, useability, durability, and reliability of

10such systems used in the national airspace system.

11(2) REQUIREMENTS.—In carrying out para-

12

graph (1), the Administrator shall—

13(A) improve the distribution of critical

14

safety information to pilots, air traffic control,15

and other relevant aviation stakeholders;

1617(B) fully develop and implement the Enterprise Information Display System; and18(C) notwithstanding a centralized aero-

19

nautical information management system, re-20

structure the back-up systems of aeronautical

21

information management systems to be inde-

22

pendent and self-sufficient from one another.

23(g) NEXTGEN EQUIPAGE PLAN.—

24(1) IN GENERAL.—Not later than 14 months

25

after the date of enactment of this Act, the Adminis-MUR24306 DVY

S.L.C.

544
1

trator shall develop a 2-year implementation plan to2further incentivize the acceleration of the equipage3

rates of certain NextGen avionics within the fleets of4

air carriers (as such term is defined in section

540102(a) of title 49, United States Code.

6(2) CONTENTS.—In developing the plan re-7quired under paragraph (1), the Administrator shall,

8

at a minimum—

9(A) provide for further implementation and

10

deployment of NextGen operational improve-11

ments to incentivize universal equipage of com-12

mercial and regional aircraft with certain

13

NextGen avionics;

14(B) identify any remaining barriers for op-

15

erators of commercial and regional aircraft to16

properly equip such aircraft with certain

17

NextGen avionics, including any methods to ad-

18

dress such barriers;

19(C) provide for the use of the best methods

20

to highlight and enhance to operators of com-

21

mercial and regional aircraft the benefits of22equipping such aircraft with certain NextGen

23

avionics; andMUR24306 DVY

S.L.C.

545
1(D) include in such plan any equipage

2

guidelines and regulations the Administrator

3

determines necessary and appropriate.

4(3) CONSULTATION.—In developing the plan5

under paragraph (1), the Administrator shall consult

6

with representatives from—

7
8
9
10
11
12
13

(A) trade associations representing air carriers;(B) trade associations representing avionics manufacturers;(C)

certifiedlabororganizations

rep-resenting air traffic controllers; and(D) any other representatives the Adminis-

14

trator determines appropriate.

15(4) SUBMISSION OF PLAN.—Not later than 15

16months after the date of enactment of this Act, the17Administrator shall submit to the appropriate com-18

mittees of Congress the plan required under this19

subsection.

20(5) IMPLEMENTATION.—Not later than 18

21months after the date of enactment of this Act, the22Administrator shall initiate such actions necessary to

23

implement the plan developed under paragraph (1),24

including initiating any required rulemaking.

MUR24306 DVY

S.L.C.

546
1(6) DEFINITION.—In this subsection, the term

2‘‘certain NextGen avionics’’ means those avionics

3and baseline capabilities as recommended in the re-4

port of the NextGen Advisory Committee titled

5‘‘Minimum Capabilities List (MCL) Ad Hoc Team6

NAC Task 19-1 Report’’, issued on November 17,

7

2020.

8

(h) EFFECT OF FAILURE TO MEET DEADLINE.—

9(1) NOTIFICATION OF CONGRESS.—For each10

deadline established under subsections (a) through11(g), if the Administrator determines that the Admin-

12

istrator has not met or will not meet each such

13

deadline, the Administrator shall, not later than 30

14days after such determination, notify the appropriate

15

committees of Congress about the failure to meet16

each deadline.

17(2) CONTENTS OF NOTIFICATION.—Each notifi-

18

cation under paragraph (1) shall be accompanied by

19

the following:

20(A) An explanation as to why the Adminis-

21

trator will not or did not meet the deadline de-22

scribed in such paragraph.

23(B) A description of the actions the Ad-

24

ministrator plans to take to meet the deadline

25

described in such paragraph.

MUR24306 DVY

S.L.C.

547
1(C) Actions Congress can take to assist the2Administrator in meeting the deadline described3

in such paragraph.

4(3) BRIEFING.—If the Administrator is re-5quired to provide notice under paragraph (1), the6Administrator shall provide the appropriate commit-

7

tees of Congress quarterly briefings as to the8

progress made by the Administrator regarding im-

9plementation under the respective subsection for

10which the deadline will not be or was not met until

11

such time as the Administrator has completed the12required work under such subsection.

13(i) NEXTGEN ADVISORY COMMITTEE CONSULTA-

14

TION.—

15(1) IN GENERAL.—The Administrator shall con-16

sult and task the NextGen Advisory Committee with

17

providing recommendations on ways to expedite,18

prioritize, and fully implement the NextGen program

19

to realize the operational benefits of such programs.

20

(2)

CONSIDERATIONS.—In

providing

rec-

21

ommendations under paragraph (1), the NextGen

22

Advisory Committee shall consider—

23
24(A) air traffic throughput of the national
airspace system;MUR24306 DVY

S.L.C.

548(B) daily operational performance, includ-1

ing delays and cancellations; and2(C) the potential need for performance-

3
4

based

5

NextGen program and subsequent air traffic

6

modernization programs and efforts.

7
8

operational

metrics

relatedtotheSEC. 620. CONTRACT TOWER PROGRAM.

Section 47124 of title 49, United States Code, is

9 amended—(1) in subsection (b)(3) by adding at the end

10
11

the following:‘‘(H) PERIOD

12FOR COMPLETION OF AN
INSPECTION.—The

13

OPERATIONAL

14

Secretary shall provide airport sponsors acting

15

in good faith 7 years to complete an operational

16

readiness inspection after receiving a benefit-to-

17

cost ratio of air traffic control services for an

18

airport.’’; and19(2) by adding at the end the following:

20
21

READINESS‘‘(f) IMPROVING CONTROLLER SITUATIONAL AWARENESS.—

22‘‘(1) IN GENERAL.—Not later than 1 year after

23

the date of enactment of this subsection, the Sec-24

retary shall allow air traffic controllers at towers op-

25

erated under the Contract Tower Program to useMUR24306 DVY

S.L.C.

549
1

approved advanced equipment and technologies to2

improve operational situational awareness, including

3Standard Terminal Automation Replacement System

4radar displays, Automatic Dependent Surveillance-

5

Broadcast, Flight Data Input/Output, and Auto-6

matic Terminal Information System.

7‘‘(2) INSTALLATION AND MAINTENANCE.—Not

8

later than 2 years after the date of enactment of

9this subsection, the Secretary shall allow airports

10

to—

11

‘‘(A) procure a Standard Terminal Auto-12

mation Replacement System or any equivalent

13

system through the Federal Aviation Adminis-

14

tration, and install and maintain such system

15

using Administration services; or16‘‘(B) purchase a Standard Terminal Auto-17

mation Replacement System, or any equivalent

18

system, and install and maintain such system

19

using services directly from an original equip-

20

ment manufacturer.

21‘‘(3) REQUIREMENTS.—To help facilitate the22

integration of the equipment and technology de-23

scribed in paragraph (1), the Secretary—

24‘‘(A) shall establish minimum performance25

and technical standards that ensure the safeMUR24306 DVY

S.L.C.

5501

use of equipment and technology, including

2

commercial radar displays capable of displaying

3

primary and secondary radar targets, for use by

4

controllers in contract towers to improve situa-

5

tional awareness;

6‘‘(B) shall identify approved vendors for7

such equipment and technology, to the max-

8

imum extent practicable;

9‘‘(C) shall establish, in consultation with

10

contract tower operators, an appropriate train-

11

ing program to periodically train air traffic con-12

trollers employed by such operators to ensure

13

proper and efficient integration and use of the14

situational awareness equipment and technology

15

described in paragraph (1) into contract tower

16

operations;

17‘‘(D) may add Standard Terminal Automa-

18

tion Replacement System equipment or any

19

equivalent system to the minimum level of equi-

20

page necessary for Federal contract towers to

21

perform the function of such towers, as applica-

22

ble; and23‘‘(E) shall require that any technology,

24

system, or equipment procured pursuant to this25

subsection

beprocuredusing

non-Federal

MUR24306 DVY

S.L.C.

551
1

funds, except as made available under a grant2

issued pursuant to 47124(b)(4).

3‘‘(g) LIABILITY INSURANCE.—

4‘‘(1) IN GENERAL.—Not later than 18 months

5

after the date of enactment of this subsection, the6Secretary shall consult with aviation industry ex-

7perts, including air traffic control contractors and8

aviation insurance professionals, to determine ade-

9quate limits of liability for the Contract Tower Pro-

10

gram.

11

‘‘(2) INTERIM STEPS.—Not later than 6 months

12

after the date of enactment of this subsection and13

until the Secretary makes a determination on liabil-

14

ity limits under paragraph (1), the Secretary shall15

require air traffic control contractors to have excess

16

liability insurance (as determined by the Secretary)

17

to ensure continuity of such coverage should a major

18

accident occur.

19‘‘(3) BRIEFING.—Not later than 24 months

20

after the date of enactment of this subsection, the21

Secretary shall brief the Committee on Transpor-

22

tation and Infrastructure of the House of Represent-

23

atives and the Commerce, Science, and Transpor-

24

tation of the Senate on the findings, conclusions,MUR24306 DVY

S.L.C.

552
1

and actions taken and planned to be taken to carry2

out this subsection.’’.

3

SEC. 621. REMOTE TOWERS.

4(a) IN GENERAL.—Section 47124 of title 49, United

5 States Code, is further amended—
678(1) by adding at the end the following:‘‘(h) MILESTONES FOR DESIGN APPROVAL OF REMOTE TOWERS.—

9‘‘(1) IN GENERAL.—Not later than 180 days

10

after the date of enactment of this subsection, the11Administrator of the Federal Aviation Administra-

12tion shall create a program and publish milestones

13

to achieve system design and operational approval

14

for a remote tower system.

1516‘‘(2) REQUIREMENTS.—In carrying out paragraph (1), the Administrator shall—

17‘‘(A) rely on support from the Office of18

Airports of the Federal Aviation Administration

19

and the Air Traffic Organization of the Federal

20

Aviation Administration, including the Air

21

Traffic Services Service Unit and the Technical

22

Operations Service Unit;

23
24‘‘(B) consult with relevant stakeholders, as
the Administrator determines appropriate;MUR24306 DVY

S.L.C.

553
1‘‘(C) establish requirements for the system2

design and operational approval of remote tow-

3

ers, including—45‘‘(i) visual siting processes and requirements for electro-optical sensors;

6‘‘(ii) datalink latency requirements;

7‘‘(iii) visual presentation design re-8quirements for monitors used to display

9

sensor and camera feeds; and10‘‘(iv) any other wireless telecommuni-

11

cations infrastructure requirements to en-

12able the operation of such towers;

13‘‘(D) use a safety risk management panel

14

process to address any safety issues with re-15

spect to a remote tower;

16‘‘(E) if a remote tower is intended to be17

installed at a non-towered airport, assess the18

safety benefits of the remote tower against the19lack of an existing tower;

20‘‘(F) allow the use of surface surveillance21

technology, either standalone or integrated into22

the visual automation platform, as a situational

23

awareness tool;

24‘‘(G) establish protocols for contingency

25

operations and procedures in the event of re-MUR24306 DVY

S.L.C.

5541

mote tower technology failures and malfunc-

2

tions; and3‘‘(H) support active testing of a remote

4

tower system that has achieved system design

5

approval by the William J. Hughes Technical6

Center at an airport that has installed remote

7

tower infrastructure to support such system.

8‘‘(3) SYSTEM DESIGN APPROVAL AND EVALUA-

9

TION PROCESS.—Not later than December 31, 2024,

10

the Administrator shall expand the system design

11

approval and evaluation process for a digital or re-12

mote tower system to not less than 3 airports at

13which a digital or remote tower will be installed or

14

operated at airports not located at the William J.

15

Hughes Technical Center and using the criteria

16

under section 161 of the FAA Reauthorization Act

17

of 2018 (49 U.S.C. 47104 note), to the extent the18

Administrator has willing technology providers and19

airports interested in the installation and operation

20of such towers.

21‘‘(4) PRESERVATION OF EXISTING DESIGN AP-

22

PROVALS.—Nothing in this subsection shall be con-23

strued to invalidate any system design approval ac-

24

tivity carried out by the William J. Hughes Tech-MUR24306 DVY

S.L.C.

555
1

nical Center prior to the date of enactment of this2

subsection.

3‘‘(5) PRIORITIZATIONFORREMOTETOWER

4CERTIFICATION.—In

carrying out the program es-

5tablished under paragraph (1), the Administrator

6

shall prioritize system design and operational ap-

7

proval for a remote tower system at—

8‘‘(A) airports that do not have a perma-

9nent air traffic control tower at the time of ap-

10

plication;

1112‘‘(B) airports that would provide small andrural community air service; or13‘‘(C) airports that have been newly accept-

14

ed as of the date of enactment of this sub-15

section into the Contract Tower Program.’’.

16(b) BRIEFING TO CONGRESS.—Not later than 180

17 days after the date of enactment of this Act, and every
18 6 months thereafter through October 1, 2028, the Admin19 istrator shall brief the appropriate committees of Congress
20 on—
21(1) the status of remote and digital tower

22

projects in the system design approval and commis-

23

sioning process;24(2) the effectiveness and adequacy of the pilot

25

program established under section 161 of the FAAMUR24306 DVY

S.L.C.

556
1

Reauthorization Act of 2018 (49 U.S.C. 47104

2note); and3(3) any other issues related to the demand for4

and potential use of remote tower technology that5

the Administrator determines are appropriate.

6(c) CONFORMING AMENDMENTS.—Section 47124(b)7 of title 49, United States Code, is amended—
8(1) in paragraph (3)(B)(ii) by inserting ‘‘or a9remote air traffic control tower equipment that has

10received System Design Approval from the Federal

11

Aviation Administration’’ after ‘‘an operating air

12traffic control tower’’; and

13(2) in paragraph (4)(A)—14(A) in clause (i)(III) by inserting ‘‘or re-15

mote air traffic control tower equipment that16

has received System Design Approval from the17

Federal Aviation Administration’’ after ‘‘cer-18

tified by the Federal Aviation Administration’’;

19

and

20

(B) in clause (ii)(III) by inserting ‘‘or re-21

mote air traffic control tower equipment that22

has received System Design Approval from the23

Federal Aviation Administration’’ after ‘‘cer-24

tified by the Federal Aviation Administration’’.

MUR24306 DVY

S.L.C.

5571(d) EXTENSION.—Section 161(a)(10) of the FAA Re-

2 authorization Act of 2018 (49 U.S.C. 47104 note) is
3 amended by striking ‘‘May 10, 2024’’ and inserting ‘‘Sep4 tember 30, 2028’’.
56SEC. 622. AUDIT OF LEGACY SYSTEMS.

(a) IN GENERAL.—Not later than 120 days after the

7 date of enactment of this Act, the Administrator shall ini8 tiate an audit of all legacy systems of the national airspace
9 system to determine the level of operational risk,
10 functionality, and security of such systems and the com11 patibility of such systems with current and future tech12 nology.
13(b) SCOPE OF AUDIT.—The audit required under

14 subsection (a)—15(1) shall be conducted by an independent third-

16

party contractor or a federally funded research and17development center selected by the Administrator;

18(2) shall include an assessment of whether a19

legacy system is an outdated, insufficient, unsafe, or

20

unstable legacy system;

21(3) with respect to any legacy systems identified

22

in the audit as an outdated, insufficient, unsafe, or

23

unstable legacy system, shall include—

2425(A) an analysis of the operational risks associated with using such legacy systems;

MUR24306 DVY

S.L.C.

558
12
3(B) recommendations for replacement orenhancement of such legacy systems; and(C) an analysis of any potential impact on

4aviation safety and efficiency; and5(4) shall include recommended performance6

metrics by which the Administrator can assess the7

circumstances in which safety-critical communica-

8tion, navigation, and surveillance aviation infrastruc-9ture within the national airspace system can remain

10in operational service, which take into account—

11
12
13
14

(A) the expected lifespan of such aviation
infrastructure;(B) the number and type of mechanicalfailures of such aviation infrastructure;

15(C) the average annual costs of maintain-

16

ing such aviation infrastructure over a 5-year

17

period and whether such costs exceed the cost18

to replace such aviation infrastructure; and19(D) the availability of replacement parts or

20labor capable of maintaining such aviation in-

21

frastructure.

22(c) DEADLINE.—Not later than 15 months after the

23 date of enactment of this Act, the audit required under
24 subsection (a) shall be completed.

MUR24306 DVY

S.L.C.

559
1(d) REPORT.—Not later than 180 days after the

2 audit required under subsection (a) is completed, the Ad3 ministrator shall provide to the appropriate committees of
4 Congress a report on the findings and recommendations
5 of such audit, including—6(1) an inventory of the legacy systems in use;

7(2) an assessment of the operational condition

8of the legacy systems in use, including the interoper-

9

ability of such systems;

10(3) the average age of such legacy systems and,11

for each such legacy system, the intended design life

12of the system, by type; and13(4) the availability of replacement parts, equip-

14

ment, or technology to maintain such legacy sys-

15

tems.

16

(e) PLAN TO ACCELERATE DRAWDOWN, REPLACE-

17

MENT, OR ENHANCEMENT OF IDENTIFIED LEGACY SYS-

18

TEMS.—

19(1) IN GENERAL.—Not later than 120 days

20

after the date on which the Administrator provides

21

the report under subsection (d), the Administrator

22

shall develop and implement a plan, in consultation

23

with industry representatives, to accelerate the24

drawdown, replacement, or enhancement of any leg-25

acy systems that are identified in the audit requiredMUR24306 DVY

S.L.C.

560
1

under subsection (a) as outdated, insufficient, un-2

safe, or unstable legacy systems.

3(2) PRIORITIES.—In developing the plan under4

paragraph (1), the Administrator shall prioritize the5

drawdown, replacement, or enhancement of such leg-6

acy systems based on the operational risks such leg-7

acy systems pose to aviation safety and the costs as-8sociated with the replacement or enhancement of

9such legacy systems.

10(3) COLLABORATION

WITH

EXTERNAL

EX-

11

PERTS.—In carrying out this subsection, the Admin-

12

istrator shall—

13(A) collaborate with industry representa-

14

tives and other external experts in information

15

technology to develop the plan under paragraph16(1) within a reasonable timeframe;

17(B) identify technologies in existence or in18

development that, with or without adaptation,19

are expected to be suitable to meet the technical20

information technology needs of the FAA; and21(C) maintain consistency with the acquisi-

22tion management system established and up-

23

dated pursuant to section 40110(d) of title 49,

24

United States Code.

MUR24306 DVY

S.L.C.

561
1(4) PROGRESS UPDATES.—The Administrator

2

shall provide the appropriate committees of Congress

3

with semiannual updates through September 30,

42028 on the progress made in carrying out the plan5

under paragraph (1).

6(5) INSPECTOR GENERAL REVIEW.—

7(A) IN GENERAL.—Not later than 3 years

8

after the Administrator develops the plan re-

9quired under paragraph (1), the inspector gen-10eral of the Department of Transportation shall11

assess such efforts of the Administration to

12

drawdown, replace, or enhance any legacy sys-

13tems identified under subsection (a).

14

(B) REPORT.—The inspector general shall15

submit to the appropriate committees of Con-

16

gress a report on the results of the review car-17

ried out under subparagraph (A).

18(f) DEFINITIONS.—In this section:

19(1) INDUSTRY.—The term ‘‘industry’’ means

20

aviation industry organizations with expertise in21

aviation-dedicated network systems, systems engi-

22

neering platforms, aviation software services, air

23traffic management, flight operations, and Inter-24

national Civil Aviation Organization standards.

MUR24306 DVY

S.L.C.

562
1(2) LEGACY SYSTEM.—The term ‘‘legacy sys-

2tem’’ means any communication, navigation, surveil-

3

lance, or automation or network applications or

4ground-based aviation infrastructure, or other crit-

5

ical software and hardware systems owned by the6

FAA, that were deployed prior to the year 2000, in-7

cluding the Notice to Air Missions system.

8(3) OUTDATED,INSUFFICIENT,UNSAFE,OR

9

UNSTABLE LEGACY SYSTEM.—The term ‘‘outdated,10

insufficient, unsafe, or unstable legacy system’’

11means a legacy system for which the likelihood of

12

failure of such system creates a risk to air safety or

13

security due to the age, ability to be maintained in14

a cost-effective manner, vulnerability to degradation,

15

errors, or malicious attacks of such system, or any

16other factors that may compromise the performance17

or security of such system, including a legacy sys-

18

tem—

19
20

(A) that is vulnerable or susceptible to mechanical failure; and21(B) with a risk of a single point of failure

22or that lacks sufficient contingencies in the23

event of such failure.

MUR24306 DVY

S.L.C.

563
1
2
3

SEC. 623. AIR TRAFFIC CONTROL FACILITY REALIGNMENTSTUDY.

(a) EXAMINATION.—

4(1) IN GENERAL.—Not later than 180 days

5

after the date of enactment of this Act, the Adminis-

6

trator shall seek to enter into an agreement with a7federally funded research and development center to8

conduct an Air Traffic Control Facility Realignment

9

study to examine consolidating or otherwise reorga-

10

nizing air traffic control facilities and the manage-

11

ment of airspace controlled by such facilities.

12(2) CONTENTS.—In the study required under13

paragraph (1), the federally funded research and de-14velopment center shall—

1516(A) evaluate the potential efficiencies that
may result from a reorganization;

17(B) identify whether certain areas prone to18

airspace congestion or facility staff shortages

19

would benefit from any enhanced flexibilities or

20

operational changes; and21(C) recommend opportunities for integra-

22tion of separate facilities to create a more col-23

laborative and efficient traffic control environ-

24

ment.

25

(3) CONSULTATION.—In carrying out this sub-26

section, the federally funded research and develop-

MUR24306 DVY

S.L.C.

564
1

ment center shall consult with the exclusive rep-2

resentatives of air traffic controllers certified under3

section 7111 of title 5, United States Code.

4(b) REPORT.—Not later than 15 months after the

5 date of enactment of this Act, the federally funded re6 search and development center shall submit to the Admin7 istrator a report detailing the findings of the study re8 quired under subsection (a) and recommendations related
9 to consolidation or reorganization of air traffic control
10 work facilities and locations.
11(c) CONGRESSIONAL BRIEFING.—Not later than 18

12 months after receiving the report under subsection (b), the13 Administrator shall brief the appropriate committees of
14 Congress on the results of the study under subsection (a)15 and any recommendations under subsection (b) related to
16 consolidation or reorganization of air traffic control work
17 facilities and locations.
18

SEC. 624. AIR TRAFFIC CONTROL TOWER REPLACEMENT

19
20

PROCESS REPORT.

(a) REPORT REQUIRED.—Not later than 120 days

21 after the date of enactment of this Act, the Administrator
22 shall submit to Congress a report on the process by which
23 air traffic control tower facilities are chosen for replace24 ment.

MUR24306 DVY

S.L.C.

5651(b) CONTENTS.—The report required under sub-2 section (a) shall contain—
3(1) the process by which air traffic control

4

tower facilities are chosen for replacement, including

5

which divisions of the Administration control or are6

involved in the replacement decision making process;7(2) the criteria the Administrator uses to deter-

8mine which air traffic control tower facilities to re-9place, including—(A) the relative importance of each such

10
11

criteria;(B) why the Administrator uses each such

12
13

criteria; and(C) the reasons for the relative importance

14
15

of each such criteria;

16(3) what types of investigation the Adminis-

17

trator carries out to determine if an air traffic con-18

trol tower facility should be replaced;19(4) a timeline of the replacement process for an20

individual air traffic control tower facility replace-

21

ment;

22

(5) the list of facilities established under sub-23

section (c), including the reason for selecting each24such facility; andMUR24306 DVY

S.L.C.

566
1(6) any other information the Administrator

2

considers relevant.

3(c) LISTOF

REPLACED AIR TRAFFIC CONTROL

4 TOWER FACILITIES.—The Administrator shall establish,
5 maintain, and publish on the website of the FAA a list
6 of the following:
7(1) All air traffic control tower facilities re-8placed within the 10-year period preceding the date9of enactment of this Act.

10(2) Any air traffic control tower facilities for11

which the Administrator has made a determination

12

requiring replacement, but for which such replace-13

ment has not yet been completed.

14

SEC. 625. CONTRACT TOWER PROGRAM SAFETY ENHANCE-

15
16

MENTS.

(a) PILOT PROGRAM FOR TRANSITIONING TO FAA

17 TOWERS.—
18(1) IN GENERAL.—Not later than 18 months

19

after the date of enactment of this Act, the Adminis-

20

trator shall establish a pilot program to convert

21

high-activity air traffic control towers operating

22

under the Contract Tower Program as established23

under section 47124 of title 49, United States Code,24(in this section referred to as the ‘‘Contract Tower

MUR24306 DVY

S.L.C.

567
1

Program’’) to a level I (Visual Flight Rules) tower

2

staffed by the FAA.

3(2) PRIORITY.—In selecting air traffic control

4

towers to participate in the pilot program estab-5lished under paragraph (1), the Administrator shall6prioritize air traffic control towers operating under7

the Contract Tower Program that—

8
9
10
11

(A) either—(i) had over 200,000 annual tower operations in calendar year 2022; or(ii) served a small hub airport with

12

more

13

enplanements in calendar year 2021;

14(B) are either currently owned by the FAA

15

than

900,000

passenger

or are constructed to FAA standards; and16(C) operate within complex airspace, in-17cluding airspace that serves air carrier, general

18

aviation, and military aircraft.

19(3) TOWER SELECTION.—The number of air

20

traffic control towers selected to participate in the21

pilot program established under paragraph (1) shall22

be determined based on the availability of funds for23

the pilot program and the interest of the airport

24

sponsor related to such facility.

MUR24306 DVY

S.L.C.

568
1(4) CONTROLLER RETENTION.—With respect to2

any high-activity air traffic control tower selected to3

be converted under the pilot program established4

under paragraph (1), the Administrator shall ap-

5

point to the position of air traffic controller any air

6traffic controller who—

7(A) is employed at such air traffic control

8

tower as of the date on which the Administrator

9

selects such tower to be converted;

10(B) meets the qualifications contained in

11section 44506(f)(1)(A) of title 49, United

12

States Code; and13(C) has all other pre-employment qualifica-

14

tions required by law to be a certified controller

15of the FAA.

16(5) SAFETY ANALYSIS.—

17

(A)

IN

GENERAL.—The

Administrator

18

shall conduct a safety analysis to determine

19

whether the conversion of any air traffic control

20

tower described in paragraph (1) negatively im-

21

pacts aviation safety at such air traffic control

22

tower and take such actions needed to address

23

any negative impact.

24(B) REPORT.—Not later than 3 years after

25

the date of enactment of this Act, the Adminis-MUR24306 DVY

S.L.C.

569
1

trator shall submit to the appropriate commit-

2

tees of Congress a report describing the results

3of the safety analysis under subparagraph (A),4

any actions taken to address any negative im-5pacts to safety, and the overall results of the6pilot program established under this subsection.

7(6) AUTHORIZATION OF APPROPRIATIONS.—Out8of amounts made available under section 106(k) of

9title 49, United States Code, there is authorized to10

be appropriated to carry out this subsection

11$30,000,000 to remain available for 5 fiscal years.

12(b) AIR TRAFFIC CONTROLLER STAFFING LEVELS

13

AT

SMALL

AND

MEDIUM HUB AIRPORTS.—Section

14 47124(b)(2) of title 49, United States Code, is amended—
15
16(1) by striking ‘‘The Secretary may’’ and inserting the following:‘‘(A) IN GENERAL.—The Secretary may’’;

17
18

and

19

(2) by adding at the end the following:20‘‘(B) SMALL OR MEDIUM HUB AIRPORTS.—

21

In the case of a contract entered into on or

22

after the date of enactment of this subpara-

23

graph to operate an airport traffic control tower

24

at a small or medium hub airport, the contract

25

shall require the Secretary, after coordination

MUR24306 DVY

S.L.C.

570
1

with the airport sponsor and the entity, State,2

or subdivision, and not later than 18 months

3

after the date of enactment of the FAA Reau-

4

thorization Act of 2024, to provide funding suf-

5

ficient for the cost of wages and benefits of at

6least 2 air traffic controllers for each tower op-

7

erating shift.’’.

8(c) PRIORITIES FOR FACILITY SELECTION.—Section

9 47124(b)(3)(C) of title 49, United States Code, is amend10 ed by adding at the end the following:
11‘‘(viii) Air traffic control towers at

12

airports with safety or operational prob-

13

lems related to the lack of an existing

14

tower.

15‘‘(ix) Air traffic control towers at air-16

ports with projected commercial and mili-

17

tary increases in aircraft or flight oper-

18

ations.

19‘‘(x) Air traffic control towers at air-20

ports with a variety of aircraft operations,21

including a variety of commercial and mili-

22

tary flight operations.’’.

MUR24306 DVY

S.L.C.

571
1

SEC. 626. SENSE OF CONGRESS ON USE OF ADVANCED SUR-

2

VEILLANCE IN OCEANIC AIRSPACE.

3

It is the sense of Congress the FAA shall continue

4 to evaluate the potential uses for space-based automatic
5 dependent surveillance broadcast to improve surveillance
6 coverage of domestic airspace including improving surveil7 lance coverage over remote terrain and in oceanic airspace.
8 If determined appropriate by the Administrator, the FAA
9 shall consider whether additional testing would meaning10 fully contribute to the FAA’s processes for developing sep11 aration standards and more efficient routes.
1213SEC. 627. LOW-ALTITUDE ROUTES FOR VERTICAL FLIGHT.

(a) SENSE OF CONGRESS.—It is the sense of Con-

14 gress that the national airspace system requires additional
15 rotorcraft and powered-lift aircraft, low-altitude instru16 ment flight rules routes leveraging advances in perform17 ance based navigation in order to provide direct, safe, and18 reliable routes that ensure sufficient separation from high19 er altitude fixed wing aircraft traffic.
2021(b) LOW-ALTITUDE ROTORCRAFT AND POWEREDLIFT AIRCRAFT INSTRUMENT FLIGHT ROUTES.—

22(1) IN GENERAL.—Not later than 3 years after

23

the date of enactment of this Act, the Administrator

24

shall initiate a rulemaking process to establish or

25

update, as appropriate, low altitude routes and flightMUR24306 DVY

S.L.C.

572
1

procedures to ensure safe rotorcraft and powered-lift2

aircraft operations in the national airspace system.

3(2) REQUIREMENTS.—In carrying out this sub-4

section, the Administrator shall—

5(A) incorporate instrument flight rules

6

rotorcraft operations into the low-altitude per-7

formance based navigation procedure infra-

8

structure;9(B) prioritize the development of new heli-

10

copter area navigation instrument flight rules

11

routes as part of the United States air traffic

12

service route structure that utilize performance13

based navigation, such as Global Positioning

14

System and Global Navigation Satellite System

15

equipment; and16(C) consider the impact of such low alti-

17

tude flight routes on other airspace users and18

impacted communities to ensure that such

19

routes are designed to minimize—

20
21
22
23
24
25

(i) the potential for conflict with existing national airspace system operations;(ii) the workload of air traffic controllers; and(iii) negative effects to impacted communities.

MUR24306 DVY

S.L.C.

573
1(3) CONSULTATION.—In carrying out the rule-2

making process under paragraph (1), the Adminis-

3

trator shall consult with—

4(A) stakeholders in the airport, heliport,

5

rotorcraft manufacturer and operator, general6

aviation operator, powered-lift operator, air car-7rier, and performance based navigation tech-8

nology manufacturer sectors;(B) the United States Helicopter Safety

9

Team;

10
11

(C) exclusive bargaining representatives of12

air traffic controllers certified under section

137111 of title 5, United States Code; and(D) other stakeholders determined appro-

14

priate by the Administrator.

15
16

SEC.

628.

REQUIRED

17
18

CONSULTATION

WITH

NATIONAL

PARKS OVERFLIGHTS ADVISORY GROUP.

Section 40128(b)(4) of title 49, United States Code,19 is amended—
20
21
22
23
24

(1) in subparagraph (C) by striking ‘‘and’’ atthe end;(2) in subparagraph (D) by striking the period
at the end and inserting ‘‘; and’’; and(3) by adding at the end the following:MUR24306 DVY

S.L.C.

574
1‘‘(E) consult with the advisory group es-

2tablished under section 805 of the National

3

Parks Air Tour Management Act of 2000 (494

U.S.C. 40128 note) and consider all advice, in-5

formation, and recommendations provided by

6

the advisory group to the Administrator and the7

Director.’’.

8

SEC. 629. UPGRADING AND REPLACING AGING AIR TRAFFIC

9
10

SYSTEMS.

(a) STUDY.—

11(1) IN GENERAL.—Not later than 60 days after

12

the date of enactment of this Act, the Administrator

13

shall seek to enter into an agreement with a quali-

14

fied organization to conduct a study to assess the15need for upgrades to or replacement of existing

16

automated surface observation systems/automated17

weather observing systems (in this section referred18

to as ‘‘ASOS/AWOS’’) located in non-contiguous

19

States.

20
21
22
23

(2) CONTENTS.—The study conducted underparagraph (1) shall include an analysis of—(A) the age of each ASOS/AWOS locatedin non-contiguous States;

24(B) the number of days in the calendar

25

year preceding the date on which the study isMUR24306 DVY

S.L.C.

575
1

conducted that each such ASOS/AWOS was not2able to accurately communicate or disseminate

3

data for any period of time;

4
5
6
7

(C) impacts of extreme severe weather on
ASOS/AWOS outages;(D) the effective coverage of the existing
ASOS/AWOS;

8(E) detailed upgrade requirements for each9existing ASOS/AWOS, including an assessment

10of whether replacement would be the most cost-11

effective recommendation;

1213(F) prior maintenance expenditures foreach existing ASOS/AWOS;

14(G) a description of all upgrades or re-15

placements made by the FAA to ASOS/AWOS

16

prior to the date of enactment of this Act;

17(H) impacts of an outage or break in serv-

18

ice in the FAA Telecommunications Infrastruc-19

ture on such ASOS/AWOS; and

20
21
22

(I) any other matter determined appropriate by the Administrator.
(b) REPORT.—Not later than 18 months after the

23 date of enactment of this Act, the Administrator shall sub24 mit to the appropriate committees of Congress a reportMUR24306 DVY

S.L.C.

576
1 on the findings of the study conducted under subsection
2 (a), and include in such report—
3(1) a plan for executing upgrades to or replace-4

ments of existing ASOS/AWOS located in non-con-

5

tiguous States;

6(2) a plan for converting and upgrading such

7

ASOS/AWOS communications to the FAA Tele-

8communications Infrastructure;9(3) an assessment of the use of unmonitored

10

navigational aids to allow for alternate airport plan-

11

ning for commercial and cargo aviation to limit

12

ASOS/AWOS service disruptions;13(4) an evaluation of additional alternative meth-14

ods of compliance for obtaining weather elements

15

that would be as sufficient as current data received

16

through ASOS/AWOS; and17(5) any other recommendation determined ap-

18

propriate by the Administrator.

19(c) FUNDING.—To carry out the study under this

20 section, the Administrator may use amounts made avail21 able pursuant to section 48101(c)(1) of title 49, United
22 States Code.

MUR24306 DVY

S.L.C.

577
1

SEC. 630. AIRSPACE INTEGRATION FOR SPACE LAUNCH

2
3

AND REENTRY.

(a) SENSE OF CONGRESS.—It is the Sense of Con-

4 gress that—5(1) a safe and efficient national airspace system

6that successfully supports existing users and inte-

7grates new entrants is of the utmost importance;

8(2) both commercial aviation and space launch

9

and reentry operations are vital to United States

10

global leadership, national security, and economic

11

opportunity;

12(3) aircraft hazard areas are necessary during

13

space launch and reentry operations to ensure public

14

safety; and15(4) the Administrator should prioritize the de-16velopment and deployment of technologies to im-

17

prove visibility of space launch and reentry oper-

18

ations within FAA computer systems and minimize

19

operational workload to air traffic controllers associ-20

ated with routing traffic during spaceflight launch21

and reentry operations.

22(b) SPACE LAUNCH AND REENTRY AIRSPACE INTE-

23

GRATION TECHNOLOGY.—Out of amounts made available

24 under section 48101 of title 49, United States Code,
25 $10,000,000 for each of the fiscal years 2025 through26 2028 (or until such time as the Administrator determinesMUR24306 DVY

S.L.C.

578
1 that the project meeting the requirements of this section
2 has reached an operational status) is available for the Ad3 ministrator to carry out a project to expedite the develop4 ment, acquisition, and deployment of technologies or capa5 bilities to aid in space launch and reentry integration with
6 the objective of operational readiness not later than De7 cember 31, 2026, which may include—
8(1) technologies recommended by the Airspace

9

Access Priorities aviation rulemaking committee in

10

the final report titled ‘‘ARC Recommendations Final

11

Report’’, issued on August 21, 2019;12(2) systems to enable the integration of launch

13

and reentry data directly onto air traffic controller

14displays; and15(3) automated systems to enable near real-time

16

planning and dynamic rerouting of commercial air-17

craft during and following commercial space launch18

and reentry operations.

19
20
21

SEC. 631. UPDATE TO FAA ORDER ON AIRWAY PLANNING
STANDARD.

Not later than 180 days after the date of enactment

22 of this Act, the Administrator shall take such actions as
23 may be necessary to update ,the order of the FAA titled24 ‘‘Airway Planning Standard Number One–Terminal Air
25 Navigation Facilities and Air Traffic Control Services’’MUR24306 DVY

S.L.C.

579
1 (FAA Order 7031.2c), to lower the remote radar bright
2 display scope installation requirement from 30,000 annual
3 itinerant operations to 15,000 annual itinerant operations.
4
5
6
7
8
9

TITLE VII—MODERNIZINGAIRPORT INFRASTRUCTURE
Subtitle A—Airport Improvement
Program Modifications
SEC. 701. DEVELOPMENT OF AIRPORT PLANS.

Section 47101(g) of title 49, United States Code, is

10 amended—
11(1) in paragraph (1) in the second sentence, by

12

inserting ‘‘(including long-term resilience from the13

impact of natural hazards and severe weather

14

events)’’ after ‘‘environmental’’; and

15
16
17
18
19
20
21

(2) in paragraph (2)—(A) in subparagraph (C) by striking ‘‘and’’at the end;(B) in subparagraph (D) by striking theperiod at the end and inserting ‘‘; and’’; and(C) by adding at the end the following new
subparagraph:

22‘‘(E) consider the impact of hazardous

23

weather events on long-term operational resil-

24

ience.’’.

MUR24306 DVY

S.L.C.

580
1
2

SEC. 702. AIP DEFINITIONS.

Section 47102 of title 49, United States Code, is

3 amended—
4
5
6
7
8
9
10
11

(1) by striking paragraph (1) and inserting thefollowing:‘‘(1) ‘air carrier’ has the meaning given suchterm in section 40102.’’;(2) in paragraph (3)—(A) in subparagraph (A)—(i) in clause (i) by striking ‘‘and’’ atthe end;12(ii) in clause (ii) by striking the pe-

13

riod at the end and inserting ‘‘; and’’; and14(iii) by adding at the end the fol-15

lowing:

16‘‘(iii) a secondary runway at a nonhub

17

airport that is equivalent in size and type18

to the primary runway of such airport.’’;19(B) in subparagraph (B)—20(i) in clause (iii) by inserting ‘‘and21

fuel infrastructure for such equipment to22

remove snow’’ after ‘‘surveillance equip-

23

ment’’;

24
25(ii) in clause (ix) by striking ‘‘and’’ atthe end;MUR24306 DVY

S.L.C.

581
1
2
3
4

(iii) in clause (x) by striking the period and inserting ‘‘; and’’; and(iv) by adding at the end the following:

5‘‘(xi) a medium intensity approach6

lighting system with runway alignment in-

7

dicator lights.’’;8(C) in subparagraph (E) by striking ‘‘after9

December 31, 1991,’’;

10(D) in subparagraph (K) by striking ‘‘if

11

the airport is located in an air quality non-12

attainment or maintenance area (as defined in

13

sections 171(2) and 175A of the Clean Air Act

14(42 U.S.C. 7501(2); 7505a)) and if the airport

15

would be able to receive emission credits, as de-16

scribed in section 47139’’;17(E) in subparagraph (L) by striking ‘‘the18

airport is located in an air quality nonattain-

19

ment or maintenance area (as defined in sec-

20

tions 171(2) and 175A of the Clean Air Act (4221

U.S.C. 7501(2); 7505a)), if the airport would

22

be able to receive appropriate emission credits

23(as described in section 47139), and’’;24(F) in subparagraph (P)—MUR24306 DVY

S.L.C.

582
1(i) by striking ‘‘improve the reliability

2and efficiency of the airport’s power sup-3

ply’’ and inserting ‘‘improve reliability and4efficiency of the power supply of the air-5

port or meet current and future electrical

6

power demand’’;7(ii) by inserting ‘‘, renewable energy

8generation and storage infrastructure (in-9cluding necessary substation upgrades to

10

support such infrastructure)’’ after ‘‘elec-

11

trical generators’’;1213(iii) by striking ‘‘supply, and’’ and inserting ‘‘supply,’’; and14(iv) by striking the period at the end

15

and inserting ‘‘, and smart glass (including

16

electrochromic glass).’’; and17(G) by adding at the end the following:

18‘‘(S) acquisition of advanced digital con-19

struction management systems and related

20

technology used in the planning, design and en-

21

gineering, construction, and maintenance of air-22

port facilities when such systems or tech-23

nologies are acquired to carry out a project ap-

24

proved by the Secretary under this subchapter.

MUR24306 DVY

S.L.C.

583
1‘‘(T) improvements, or planning for im-

2

provements (including monitoring equipment or3

services), that would be necessary to sustain

4commercial service flight operations or permit

5

the resumption of such flight operations fol-6

lowing a natural disaster (including an earth-7

quake, flooding, high water, wildfires, hurri-

8cane, storm surge, tidal wave, tornado, tsunami,

9

wind driven water, sea level rise, tropical storm,

10

cyclone, land instability, or winter storm) at—

11‘‘(i) a primary airport; or12‘‘(ii) a nonprimary airport that is des-13

ignated as a Federal staging area or inci-

14

dent support base by the Administrator of

15

the

16

Agency.

17‘‘(U) a project to comply with rulemakings

18

and recommendations on airport cybersecurity

19

standards from the aviation rulemaking com-20

mittee convened under section 395 of the FAA

21

Reauthorization Act of 2024.

FederalEmergency

Management

22‘‘(V) reconstructing or rehabilitating an ex-

23

isting crosswind runway (regardless of the wind24

coverage of the primary runway) if the recon-

25

struction or rehabilitation of such crosswind

MUR24306 DVY

S.L.C.

584
1

runway is in the most recently approved airport2

layout plan of the sponsor.

3‘‘(W) constructing or acquiring such air-4

port-owned infrastructure or equipment, not-5

withstanding revenue producing capability of

6such infrastructure or equipment, as may be re-7quired for—8‘‘(i) the on-airport distribution or

9storage of unleaded aviation gasoline for10piston-driven aircraft, including on-airport

11

construction or expansion of pipelines,

12

storage tanks, low-emission fuel systems,

13

and airport-owned fuel trucks providing ex-

14

clusively unleaded aviation fuels (unless

15

the Secretary determines that an alter-

16

native fuel may be safely used in such fuel17

truck for a limited time); or

18‘‘(ii) fueling systems for type certifi-

19

cated hydrogen-powered aircraft.

20‘‘(X) constructing, reconstructing, or reha-

21

bilitating a taxiway or taxilane that serves non-22

exclusive use aeronautical facilities, including

23

aircraft storage facilities, except for the 50 feet24

of pavement immediately in front of an ineli-

25

gible building.

MUR24306 DVY

S.L.C.

585
1‘‘(Y) any other activity (excluding terminal

2

development) that the Secretary concludes will3

reasonably improve the safety of the airport.’’;4(3) in paragraph (5)—

5
6
7
8
9

(A) in subparagraph (A) by inserting ‘‘andcatchment area analyses’’ after ‘‘planning’’;(B) in subparagraph (B) by striking ‘‘and’’at the end;(C) in subparagraph (C) by striking the10

period at the end and inserting ‘‘; and’’; and11(D) by adding at the end the following:

12‘‘(D) assessing current and future elec-

13

trical power demand for airport airside and14

landside activities.’’;15(4) in paragraph (20)—

16
17
18

(A) in subparagraph (B) by striking ‘‘or’’at the end;(B) in subparagraph (C) by striking the19

period at the end and inserting ‘‘; or’’; and20(C) by adding at the end the following:21‘‘(D) the Republic of the Marshall Islands,

22

Federated States of Micronesia, and Republic

23

of Palau.’’;24(5) in paragraph (27) by striking ‘‘the Trust

25

Territory of the Pacific Islands,’’; andMUR24306 DVY

S.L.C.

586
1(6) in paragraph (28)(B) by striking ‘‘described2

in section 47119(a)(1)(B)’’ and inserting ‘‘for mov-3

ing passengers and baggage between terminal facili-

4ties and between terminal facilities and aircraft’’.

5
6SEC. 703. REVENUE DIVERSION PENALTY ENHANCEMENT.

(a) IN GENERAL.—Section 47107 of title 49, United

7 States Code, is amended—
8(1) in subsection (m)(4) by striking ‘‘an9amount equal to’’ and inserting ‘‘an amount equal to10

double’’; and11(2) in subsection (n)(1) by striking ‘‘an amount12

equal to’’ and inserting ‘‘an amount equal to dou-

13

ble’’.

14(b) APPLICABILITY.—The amendments made by sub-15 section (a) shall not apply to any illegal diversion of air16 port revenues (as described in section 47107(m) of title
17 49, United States Code) that occurred prior to the date
18 of enactment of this Act.
19
20
21

SEC. 704. EXTENSION OF COMPETITIVE ACCESS REPORTREQUIREMENT.

Section 47107(r)(3) of title 49, United States Code,22 is amended by striking ‘‘May 11, 2024’’ and inserting23 ‘‘October 1, 2028’’.

MUR24306 DVY

S.L.C.

587
1
2

SEC. 705. RENEWAL OF CERTAIN LEASES.

Section 47107(t)(2) of title 49, United States Code,3 is amended—
4(1) in subparagraph (A) by striking ‘‘the date5of enactment of this subsection’’ and inserting ‘‘Oc-

6

tober 7, 2016’’; and78(2) by striking subparagraph (D) and inserting
the following:‘‘(D) that—910‘‘(i) supports the operation of military

11

aircraft by the Air Force or Air National

12

Guard—

13‘‘(I) at the airport; or14‘‘(II) remotely from the airport;

15

or

16

‘‘(ii) is for the use of nonaeronautical17

land or facilities of the airport by the Na-18tional Guard.’’.

19

SEC. 706. COMMUNITY USE OF AIRPORT LAND.

20

Section 47107(v) of title 49, United States Code, is

21 amended to read as follows:2223‘‘(v) COMMUNITY USE OF AIRPORT LAND.—
‘‘(1)

IN

GENERAL.—Notwithstanding

sub-

24

sections (a)(13), (b), and (c) and section 47133, and25

subject to paragraph (2), the sponsor of a public-use

26

airport shall not be considered to be in violation ofMUR24306 DVY

S.L.C.

588
1

this subtitle, or to be found in violation of a grant2

assurance made under this section, or under any

3other provision of law, as a condition for the receipt

4of Federal financial assistance for airport develop-

5ment, solely because the sponsor has—

6‘‘(A) entered into an agreement, including

7

a revised agreement, with a local government

8

providing for the use of airport property for an

9interim compatible recreational purpose at10

below fair market value; or

11‘‘(B) permanently restricted the use of air-12

port property to compatible recreational and13

public park use without paying or otherwise ob-

14taining payment of fair market value for the15

property.

16‘‘(2) RESTRICTIONS.—

17

‘‘(A)

INTERIMCOMPATIBLEPURPOSE.—ParagraphREC-(1) shall

18

REATIONAL

19

apply, with respect to a sponsor that has taken

20

the action described in subparagraph (A) of

21such paragraph, only—

22‘‘(i) to an agreement regarding airport

23

property that was initially entered into be-24fore the publication of the Federal Aviation

25

Administration’s Policy and ProceduresMUR24306 DVY

S.L.C.

589
1

Concerning the Use of Airport Revenue,2

dated February 16, 1999;

3‘‘(ii) if the agreement between the

4sponsor and the local government is subor-5

dinate to any existing or future agreements

6

between the sponsor and the Secretary, in-7

cluding agreements related to a grant as-

8surance under this section;

9‘‘(iii) to airport property that was

10purchased using funds from a Federal

11

grant for acquiring land issued prior to

12

January 1, 1989;

13‘‘(iv) if the airport sponsor has pro-14

vided a written statement to the Adminis-

15

trator that the property made available for16

a recreational purpose will not be needed17

for any aeronautical purpose during the18

next 10 years;

19‘‘(v) if the agreement includes a term

20

of not more than 2 years to prepare the21

airport property for the interim compatible

22

recreational purpose and not more than 10

23years of use for that purpose;MUR24306 DVY

S.L.C.

590
1‘‘(vi) if the recreational purpose will2

not impact the aeronautical use of the air-

3

port;

4

‘‘(vii) if the airport sponsor provides a5certification that the sponsor is not respon-

6sible for preparation, startup, operations,7

maintenance, or any other costs associated8with the recreational purpose; and9‘‘(viii) if the recreational purpose is10

consistent with Federal land use compat-

11

ibility criteria under section 47502.

12‘‘(B) RECREATIONAL USE.—Paragraph (1)13shall apply, with respect to a sponsor that has

14taken the action described in subparagraph (B)15

of such paragraph, only—

16‘‘(i) to airport property that was pur-17

chased using funds from a Federal grant18

for acquiring land issued prior to January

19

1, 1989;20‘‘(ii) to airport property that has been

21

continuously leased or licensed through a22

written agreement with a governmental en-23

tity or non-profit entity for recreational or24

public park uses since July 1, 2003;

MUR24306 DVY

S.L.C.

591
1‘‘(iii) if the airport sponsor has pro-2

vided a written statement to the Adminis-

3

trator that the recreational or public park4

use does not impact the aeronautical use of5

the airport and that the property to be6permanently restricted for recreational or

7

public park use is not needed for any aero-

8

nautical use at the time the written state-

9ment is provided and is not expected to be10

needed for any aeronautical use at any

11time after such statement is provided;

12‘‘(iv) if the airport sponsor provides a

13

certification to the Administrator that the14

sponsor is not responsible for operations,15

maintenance, or any other costs associated16with the recreational or public park use;

17‘‘(v) if the recreational purpose is con-18

sistent with Federal land use compatibility

19

criteria under section 47502; and20‘‘(vi) if the airport sponsor will—

21‘‘(I) lease the property to a local

22

government entity or non-profit entity

23

to operate and maintain the property

24

at no cost to the airport sponsor; orMUR24306 DVY

S.L.C.

592
1‘‘(II) transfer title to the prop-2

erty to a local government entity sub-3

ject to a permanent deed restriction

4

ensuring compatible airport use under5

regulations issued pursuant to section

647502.

7‘‘(3) REVENUE FROM CERTAIN SALES OF AIR-

8

PORT PROPERTY.—Notwithstanding any other provi-

9sion of law, an airport sponsor leasing or selling a10

portion of airport property as described in para-

11

graph (2)(B)(vi) may—

1213‘‘(A) lease or sell such portion of airport
property for less than fair market value; and

14‘‘(B) subject to the requirements of sub-15

section (b), retain the revenue from the lease or16

sale of such portion of airport property for use

17

in accordance with section 47133.

18‘‘(4) SECRETARYREVIEW AND APPROVAL.—

19

Notwithstanding any other provision of law, and20

subject to the sponsor providing a written statement

21

certifying such sponsor meets the requirements

22

under this subsection, no actions permitted under

23

this subsection shall require the review or approval

24of the Secretary of Transportation.

MUR24306 DVY

S.L.C.

593
1‘‘(5) STATUTORY CONSTRUCTION.—Nothing in2

this subsection may be construed as permitting a di-3

version of airport revenue for the capital or oper-

4

ating costs associated with the community use of5

airport land.

6‘‘(6) AERONAUTICAL USE; AERONAUTICAL PUR-

7

POSE DEFINED.—In this subsection, the terms ‘aero-

8

nautical use’ and ‘aeronautical purpose’—

9‘‘(A) mean all activities that involve or are10

directly related to the operation of aircraft, in-11

cluding activities that make the operation of

12

aircraft possible and safe;

13‘‘(B) include services located at an airport

14that are directly and substantially related to the15

movement of passengers, baggage, mail, and16

cargo; and17‘‘(C) do not include any uses of an airport

18

that are not described in subparagraph (A) or

19(B), including any aviation-related uses that do20

not need to be located at an airport, such as

21

flight kitchens and airline reservation centers.’’.

22
23

SEC. 707. PRICE ADJUSTMENT PROVISIONS.

Section 47108 of title 49, United States Code, is

24 amended—MUR24306 DVY

S.L.C.

594
1

(1)

in

subsection

2‘‘47114(d)(3)(A)3‘‘47114(d)(2)(A)’’;

4

of

this

(a)

by

striking

title’’

andinserting(2) by striking subsection (b) and inserting the5following:

6‘‘(b) INCREASING GOVERNMENT SHARE.—

7‘‘(1) IN GENERAL.—Except as provided in para-

8graph (2) or (3), the amount stated in an offer as

9the maximum amount the Government will pay may

10

not be increased when the offer has been accepted11

in writing.

12‘‘(2) EXCEPTION.—For a project receiving as-

13

sistance under a grant approved under this chapter

14

or chapter 475, the amount may be increased—

1516‘‘(A) for an airport development project, by
not more than 15 percent; and17‘‘(B) to acquire an interest in land for an

18

airport (except a primary airport), based on

19

creditable appraisals at the time of the acquisi-

20tion or a court award in a condemnation pro-21

ceeding, by not more than the greater of—22‘‘(i) 15 percent; or23‘‘(ii) 25 percent of the total increase24

in allowable project costs attributable to25

acquiring an interest in land.

MUR24306 DVY

S.L.C.

595‘‘(3) PRICE ADJUSTMENT PROVISIONS.—

12‘‘(A) IN GENERAL.—The Secretary may in-3

corporate a provision in a project grant agree-4

ment under which the Secretary agrees to pay

5more than the maximum amount otherwise

6

specified in the agreement if the Secretary finds

7

that commodity or labor prices have increased

8since the agreement was made.

9‘‘(B) DECREASE IN COSTS.—A provision

10

incorporated in a project grant agreement

11

under this paragraph shall ensure that the Sec-12

retary realizes any financial benefit associated13with a decrease in material or labor costs for14

the project.’’;15(3) by striking subsection (c); and16(4) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.

17
18
19
20

SEC.

708.

UPDATING

UNITED

STATES

GOVERNMENT’SSHARE OF PROJECT COSTS.

Section 47109 of title 49, United States Code, is

21 amended by adding at the end the following:22‘‘(h) SPECIAL RULE FOR FISCAL YEARS 2025 AND

23 2026.—Notwithstanding subsection (a), the Government’s
24 share of allowable project costs for a grant made to aMUR24306 DVY

S.L.C.

596
1 nonhub or nonprimary airport in each of fiscal years 2025
2 and 2026 shall be 95 percent.’’.
3

SEC. 709. ALLOWABLE PROJECT COSTS AND LETTERS OF

45

INTENT.

Section 47110 of title 49, United States Code, is

6 amended—
7(1) in subsection (c)—(A) in the matter preceding paragraph (1)89by striking ‘‘after May 13, 1946, and’’; and(B) in paragraph (1)—10(i) by inserting ‘‘or preparing for’’

11

after ‘‘formulating’’; and1213(ii) by inserting ‘‘utility relocation,

14

work site preparation,’’ before ‘‘and admin-

15

istration’’;16(2) in subsection (d)(1) by striking ‘‘section

1747114(c)(1) or 47114(d)’’ and inserting ‘‘section

1847114 or distributed from the small airport fund19

under section 47116’’;20(3) in subsection (e)(2)(C) by striking ‘‘com-

21

mercial service airport having at least 0.25 percent

22of the boardings each year at all such airports’’ and23

inserting ‘‘medium hub airport or large hub air-24

port’’;

MUR24306 DVY

S.L.C.

597(4) in subsection (h) by striking ‘‘section

1
247114(d)(3)(A)’’347114(c)(1)(D) or section 47114(d)(2)(A)’’; and6inserting‘‘section(5) by striking subsection (i).

4
5

and

SEC. 710. SMALL AIRPORT LETTERS OF INTENT.

(a) IN GENERAL.—Section 47110 of title 49, United

7 States Code, is further amended by adding at the end the
8 following:
9‘‘(i) SMALL AIRPORT LETTERS OF INTENT.—

10‘‘(1) IN GENERAL.—The Secretary may issue a11letter of intent to a sponsor stating an intention to12

obligate an amount from future budget authority for13

an airport development project (including costs of

14

formulating the project) at a nonhub airport or an

15

airport that is not a primary airport.

16‘‘(2) CONTENTS.—In the letter issued under17

paragraph (1), the Secretary shall establish a sched-18

ule under which the Secretary will reimburse the19sponsor for the Government’s share of allowable20

project costs, as amounts become available, if the21

sponsor, after the Secretary issues the letter, carries

22

out the project without receiving amounts under this23

subchapter.

MUR24306 DVY

S.L.C.

598
1‘‘(3) LIMITATIONS.—The amount the Secretary2

intends to obligate in a letter of intent issued under3

this subsection shall not exceed the larger of—‘‘(A) the Government’s share of allowable

45

project costs; or‘‘(B) $10,000,000.

6
7

‘‘(4)

FINANCING.—Allowableprojectcosts

8

under paragraphs (1) and (2) may include costs as-

9sociated with making payments for debt service on

10indebtedness incurred to carry out the project.

11‘‘(5) REQUIREMENTS.—The Secretary shall12

issue a letter of intent under paragraph (1) only if—

13‘‘(A) the sponsor notifies the Secretary, be-14

fore the project begins, of the intent of the15

sponsor to carry out the project and requests a

16

letter of intent; and17‘‘(B) the sponsor agrees to comply with all

18

statutory and administrative requirements that

19

would apply to the project if it were carried out

20with amounts made available under this sub-21

chapter.

22‘‘(6) ASSESSMENT.—In reviewing a request for23

a letter of intent under this subsection, the Sec-24

retary shall consider the grant history of an airport,

25

the enplanements or operations of an airport, andMUR24306 DVY

S.L.C.

599
1

such other factors as the Secretary determines ap-

2

propriate.

3‘‘(7) PRIORITIZATION.—In issuing letters of in-

4

tent under this subsection, the Secretary shall—

5‘‘(A) prioritize projects that—

6‘‘(i) cannot reasonably be funded by

7

an airport sponsor using funds apportioned

8

under section 47114(c), 47114(d)(2)(A),9or 47114(d)(6), including funds appor-

10

tioned under such sections in multiple fis-11

cal years pursuant to section 47117(b)(1);

12

and

13

‘‘(ii) are necessary to the continued

14

safe operation or development of an air-

15

port; and

16‘‘(B) structure the reimbursement sched-17

ules under such letters in a manner that mini-18

mizes unnecessary or undesirable project seg-19

mentation.

20‘‘(8) NO OBLIGATION OR COMMITMENT.—

21‘‘(A) IN

GENERAL.—A

letter of intent

22

issued under this subsection is not an obligation

23of the Government under section 1501 of title

24

31, and the letter is not deemed to be an ad-

25

ministrative commitment for financing.

MUR24306 DVY

S.L.C.

600
1‘‘(B) OBLIGATION OR COMMITMENT.—An2

obligation or administrative commitment may

3

be made only as amounts are provided in au-

4thorization and appropriation Acts.

5‘‘(9) LIMITATION ON STATUTORY CONSTRUC-

6

TION.—Nothing in this section shall be construed to

7prohibit the obligation of amounts pursuant to a let-8

ter of intent under this subsection in the same fiscal

9

year as the letter of intent is issued.’’.

10(b) CONFORMING AMENDMENTS.—

11(1) LETTERS OF INTENT.—Section 47110(e)(7)12

of title 49, United States Code, is amended by strik-13

ing ‘‘under this section’’ and inserting ‘‘under this14

subsection’’.

15(2) PRIORITY FOR LETTERS OF INTENT.—Sec-

16

tion 47115(h) of title 49, United States Code, is17amended by inserting ‘‘prior to fulfilling intentions

18

to obligate under section 47110(i)’’ after ‘‘section

1947110(e)’’.

MUR24306 DVY

S.L.C.

601
1

SEC. 711. PROHIBITION ON PROVISION OF AIRPORT IM-

2

PROVEMENT GRANT FUNDS TO CERTAIN EN-

3

TITIES THAT HAVE VIOLATED INTELLECTUAL

4

PROPERTY RIGHTS OF UNITED STATES ENTI-

5

TIES.

6

(a) IN GENERAL.—Beginning on the date that is 30

7 days after the date of enactment of this Act, amounts pro8 vided as project grants under subchapter I of chapter 471
9 of title 49, United States Code, may not be used to enter
10 into a covered contract with any entity on the list required
11 under subsection (b).
12(b) LIST REQUIRED.—

13(1) IN GENERAL.—Not later than 30 days after14

the date of enactment of this Act, and thereafter as

15

required under paragraph (2), the United States

16

Trade Representative, the Attorney General, and the17

Administrator shall make available to the Adminis-

18

trator a publicly-available list of entities manufac-

19

turing airport passenger boarding infrastructure or20

equipment that—

21(A) are owned, directed by, or subsidized

22

in whole or in part by the People’s Republic of

23

China;

24(B) have been determined by a Federal

25

court to have misappropriated intellectual prop-

26

erty or trade secrets from an entity organizedMUR24306 DVY

S.L.C.

602
1

under the laws of the United States or any ju-

2risdiction within the United States;3(C) own or control, are owned or controlled

4by, are under common ownership or control

5

with, or are successors to an entity described in

6

subparagraph (A); or

7(D) have entered into an agreement with

8or accepted funding from, whether in the form

9of minority investment interest or debt, have10

entered into a partnership with, or have entered11

into another contractual or other written ar-

12rangement with an entity described in subpara-

13

graph (A).

14(2) UPDATESTO LIST.—The

United States

15

Trade Representative shall update the list required

16

under paragraph (1), based on information provided

17

by the Attorney General and the Administrator—

18(A) not less frequently than every 90 days

19

during the 180-day period following the initial

20

publication of the list under paragraph (1); and21(B) not less frequently than annually

22
23

thereafter.
(c) DEFINITIONS.—In this section:

24(1) IN GENERAL.—The definitions in section

25

47102 of title 49, United States Code, shall apply.

MUR24306 DVY

S.L.C.

603
1(2) COVERED CONTRACT.—The term ‘‘covered2

contract’’ means a contract or other agreement for3

the procurement of infrastructure or equipment for4

a passenger boarding bridge at an airport.

56SEC. 712. APPORTIONMENTS.

(a) PRIMARY, COMMERCIAL SERVICE, AND CARGO

7 AIRPORTS.—
8(1) PRIMARY AND COMMERCIAL SERVICE AIR-9

PORTS.—Section

10

States Code, is amended to read as follows:

111247114(c)(1) of title 49, United‘‘(1) PRIMARY AND COMMERCIAL SERVICE AIRPORTS.—

13

‘‘(A)

PRIMARY

14

MENT.—The

15

sponsor of each primary airport for each fiscal

16

year an amount equal to—

AIRPORTAPPORTION-

Secretary shall apportion to the17‘‘(i) $15.60 for each of the first18

50,000 passenger boardings at the airport

19

during the prior calendar year;

20‘‘(ii) $10.40 for each of the next

21

50,000 passenger boardings at the airport

22

during the prior calendar year;

23‘‘(iii) $5.20 for each of the next

24

400,000 passenger boardings at the airport

25

during the prior calendar year;MUR24306 DVY

S.L.C.

604
1‘‘(iv) $1.30 for each of the next

2

500,000 passenger boardings at the airport

3

during the prior calendar year; and4‘‘(v) $1.00 for each additional pas-

5

senger boarding at the airport during the

6prior calendar year.

7‘‘(B) MINIMUM AND MAXIMUM APPORTION-

8

MENTS.—Not

9than $22,000,000 may be apportioned under10

subparagraph (A) to an airport sponsor for a

11

primary airport for each fiscal year.

12

‘‘(C)

less than $1,300,000 nor moreNEW

AIRPORT.—Notwithstanding

13

subparagraph (A), the Secretary shall apportion

14

in the first fiscal year following the official

15

opening of a new airport with scheduled pas-

16

senger air transportation an amount equal to17$1,300,000 to the sponsor of such airport.

18‘‘(D) NONPRIMARY COMMERCIAL SERVICE19

AIRPORT APPORTIONMENT.—

20‘‘(i) IN

GENERAL.—The

Secretary

21

shall apportion to each commercial service

22

airport that is not a primary airport an

23

amount equal to—24‘‘(I) $60 for each of the first25

2,500 passenger boardings at the air-MUR24306 DVY

S.L.C.

605
1

port during the prior calendar year;

2

and

3

‘‘(II) $153.33 for each of the4next 7,499 passenger boardings at the5

airport during the prior calendar year.

6‘‘(ii) APPLICABILITY.—Paragraphs (4)7and (5) of subsection (d) shall apply to

8funds apportioned under this subpara-

9graph.

10‘‘(E) PUBLIC

11

USE.—Notwithstanding

12

law, a public airport shall be considered a pri-

13

mary airport in each of fiscal years 2025

14

through 2028 for purposes of this chapter if

15such airport was—

16
17

AIRPORTS WITH MILITARY

any other provision of‘‘(i) designated as a primary airport
in fiscal year 2017; and18‘‘(ii) in use by an air reserve station

19

in the calendar year used to calculate ap-

20

portionments to airport sponsors in a fiscal

21

year.

22

‘‘(F) SPECIAL

23

2024.—Notwithstanding

24

this paragraph or the absence of scheduled pas-

25

senger service at an airport, the Secretary shall

RULE FOR FISCAL YEAR

any other provision ofMUR24306 DVY

S.L.C.

606
1

apportion in fiscal year 2024 to the sponsor of2

an airport an amount based on the number of3

passenger boardings at the airport during

4

whichever of the following years that would re-5sult in the highest apportioned amount under

6

this paragraph:7‘‘(i) Calendar year 2018.

8‘‘(ii) Calendar year 2019.

9‘‘(iii) The prior full calendar year
prior to fiscal year 2024.’’.

10(2) CARGO AIRPORTS.—Section 47114(c)(2) of

11
12

title 49, United States Code, is amended—

13(A) in subparagraph (A)—(i) by striking ‘‘3.5’’ and inserting

14‘‘4’’; and15(ii) by striking ‘‘100,000,000 pounds’’

16
17

and inserting ‘‘25,000,000 pounds’’;18(B) by striking subparagraph (C); and19(C) by redesignating subparagraphs (D)20

and (E) as subparagraphs (C) and (D), respec-21

tively.

22(b)

GENERAL

AVIATIONAIRPORTS.—Section

23 47114(d) of title 49, United States Code, is amended—24(1) in paragraph (3)—MUR24306 DVY

S.L.C.

607
12(A) in the heading by striking ‘‘SPECIAL
RULE’’ and inserting ‘‘APPORTIONMENT’’;3(B) by striking ‘‘excluding primary air-4

ports but including reliever and nonprimary

5commercial service airports’’ each place it ap-

6

pears and inserting ‘‘excluding commercial serv-

7

ice airports but including reliever airports’’;8(C) in the matter preceding subparagraph

9(A) by striking ‘‘20 percent’’ and inserting ‘‘25

10

percent’’; and1112(D) by striking subparagraphs (C) and (D)and inserting the following:

13‘‘(C) An airport that has previously been

14

listed as unclassified under the national plan of

15

integrated airport systems that has reestab-

16

lished the classified status of such airport as of17

the date of apportionment shall be eligible to18

accrue apportionment funds pursuant to sub-19

paragraph (A) so long as such airport retains

20such classified status.’’;21(2) in paragraph (4)—22(A) in the heading by striking ‘‘AIRPORTS

23

IN ALASKA, PUERTO RICO, AND HAWAII’’ and in-24

serting

25

STATES AND TERRITORIES’’;‘‘AIRPORTS

IN

NONCONTIGUOUS

MUR24306 DVY

S.L.C.

608
1(B) by striking ‘‘An amount apportioned2

under paragraph (2) or (3)’’ and inserting the3following:‘‘(A) ALASKA,

4

PUERTO

RICO,

AND

HA-

5

WAII.—An amount apportioned under this sub-6

section’’; and7(C) by adding at the end the following:8‘‘(B) OTHER TERRITORIES.—An amount9

apportioned under paragraph (2)(B)(i) may be

10made available by the Secretary for any public-

11

use airport in Guam, American Samoa, the12Commonwealth of the Northern Mariana Is-

13

lands, and the United States Virgin Islands if

14

the Secretary determines that there are insuffi-

15

cient qualified grant applications for projects at

16

airports that are otherwise eligible for funding

17

under that paragraph. The Secretary shall18

prioritize the use of such amounts in the terri-

19

tory the amount was originally apportioned

20in.’’;

21(3) in paragraph (5) by inserting ‘‘or subsection

22
23(c)(1)(D)’’ after ‘‘under this subsection’’;(4) in paragraph (6)—

MUR24306 DVY

S.L.C.

609
1(A) by striking ‘‘provision of this sub-2

section’’ and inserting ‘‘provision of this sec-

3

tion’’; and(B) by inserting ‘‘or subsection (c)(1)(D)’’4
5after ‘‘under this subsection’’;6(5) by striking paragraph (2); and7(6) by redesignating paragraphs (3) through8(7) as paragraphs (2) through (6), respectively.

9(c) CONFORMING AMENDMENTS.—

10

(1)

PROJECTGRANT

APPLICATION

AP-

11

PROVAL.—Section

12

States Code, is amended by striking ‘‘section

13

47114(d)(3)(B)’’1447114(d)(2)(B)’’.

15(2) AIR

16

GRAM.—Section

17

States Code, is further amended—

1847106(a)(7) of title 49, Unitedandinserting‘‘section

TRAFFIC CONTROL CONTRACT PRO-

47124(b)(4) of title 49, United(A) in subparagraph (A)(ii)—19(i) in subclause (I) by striking ‘‘sec-

20

tions 47114(c)(2) and 47114(d)’’ and in-21

serting ‘‘subsections (c) and (d) of section

2247114’’;

23(ii) in subclause (II) by striking ‘‘sec-

24

tions 47114(c)(2) and 47114(d)(3)(A)’’MUR24306 DVY

S.L.C.

610
1

and inserting ‘‘sections 47114(c) and2

47114(d)(2)(A)’’; and3(iii) in subclause (III) by striking

4‘‘sections

547114(d)(3)(A)’’ and inserting ‘‘sections

647114(c) and 47114(d)(2)(A)’’; and

7(B) in subparagraph (B)(v) by striking

8‘‘section 47114(d)(2) or 47114(d)(3)(B)’’ and9inserting ‘‘section 47114(d)(2)(B)’’.

101147114(c)(2)andSEC. 713. PFC TURNBACK REDUCTION.

(a) IN GENERAL.—Section 47114(f) of title 49,

12 United States Code, is amended—13(1) in paragraph (1)—14

(A) by striking ‘‘sponsor of an airport hav-

15

ing at least .25 percent of the total number of16

boardings each year in the United States and’’17

and inserting ‘‘sponsor of a medium or large

18

hub airport’’;19(B) in subparagraph (A) by striking ‘‘50

20

percent’’ and inserting ‘‘40 percent’’ each place21

it appears; and22(C) in subparagraph (B) by striking ‘‘75

23

percent’’ and inserting ‘‘60 percent’’ each place24

it appears; andMUR24306 DVY

S.L.C.

611
123(2) by striking paragraphs (2) and (3) and inserting the following:‘‘(2) EFFECTIVE DATE OF REDUCTION.—

4‘‘(A) NEW CHARGE COLLECTION.—A re-5

duction in an apportionment under paragraph

6(1) shall not take effect until the first fiscal

7

year following the year in which the collection

8of the charge imposed under section 40117 has

9begun.

10‘‘(B) NEW CATEGORIZATION.—A reduction

11

in an apportionment under paragraph (1) shall12

only be applied to an airport if such airport has

13been designated as a medium or large hub air-14

port for 3 consecutive years.’’.

15(b) APPLICABILITY.—For an airport that increased

16 in categorization from a small hub to a medium hub in
17 any fiscal year beginning after the date of enactment of
18 the FAA Reauthorization Act of 2018 (Public Law 115–
19 254) and prior to the date of enactment of this Act, the20 amendment to section 47114(f)(2) of title 49, United
21 States Code, under subsection (a) shall be applied as
22 though the airport increased in categorization from a
23 small hub to a medium hub in the calendar year prior to
24 the first fiscal year in which such amendment is applica25 ble.

MUR24306 DVY

S.L.C.

612
1

SEC. 714. AIRPORT SAFETY AND RESILIENT INFRASTRUC-

2

TURE DISCRETIONARY PROGRAM.

3(a) IN GENERAL.—Section 47115(j) of title 49,

4 United States Code, is amended—
5(1) in the heading by striking ‘‘SUPPLEMENTAL

6DISCRETIONARY FUNDS’’ and inserting ‘‘AIRPORT

7

SAFETY AND RESILIENT INFRASTRUCTURE DISCRE-

8TIONARY PROGRAM’’;

910(2) in paragraph (3) by striking subparagraph(B) and inserting the following:‘‘(B) MINIMUM

11

ALLOCATION.—Not

less

12

than 50 percent of the amounts available under

13

this subsection shall be used to provide grants

14

at nonprimary, nonhub, and small hub airports.

15‘‘(C) PRIORITIZATION.—In making grants

16

for

projects

eligibleunder

subparagraph

17(D)(iii), the Secretary shall prioritize grants to18large and medium hub airports.

19‘‘(D) ELIGIBILITIES.—In making grants

20

under this subsection, the Secretary shall pro-21

vide grants to airports for projects that—2223‘‘(i) meet the definition of ‘airport development’ under section 47102(3)(T);

24‘‘(ii) would otherwise increase the re-25

silience of airport infrastructure against

MUR24306 DVY

S.L.C.

613
1

changing flooding or inundation patterns;

2

or

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

‘‘(iii) reduce runway incursions or increase runway or taxiway safety.’’;(3) in paragraph (4)(A) by striking clauses (i)through (vi) and inserting the following:‘‘(i) $532,392,074 for fiscal year2024.
‘‘(ii) $200,000,000 for fiscal year2025.
‘‘(iii) $200,000,000 for fiscal year2026.
‘‘(iv) $200,000,000 for fiscal year2027.
‘‘(v) $200,000,000 for fiscal year
2028.’’; and(4) in paragraph (4)(B) by striking ‘‘2 fiscal

18

years’’ and inserting ‘‘3 fiscal years’’.

19(b) BRIEFING.—

20(1) IN GENERAL.—Not later than 6 months

21

after the Secretary first awards a grant for fiscal

22

year 2025 under section 47115(j) of title 49, United

23

States Code, and annually thereafter through 2028,

24

the Secretary shall brief the appropriate committees

MUR24306 DVY

S.L.C.

614
1

of Congress on the grant program established under2

such section.

3(2) CONTENTS.—In briefing the appropriate

4committees of Congress under paragraph (1), the5Secretary shall include—

6(A) a description of each project funded

7

under the grant program established under sec-

8

tion 47115(j), including the vulnerabilities such9

program addresses;

10(B) a description of projects completed

11

that received funding under such program, in-12cluding the total time between award and13

project completion;

14(C) a description of the consultation with15

other agencies that the Secretary has under-

16

taken in carrying out such program;

17(D) recommendations to improve the ad-18

ministration of such program, including addi-

19

tional consultation with other agencies and20

whether additional appropriation levels are ap-

21

propriate; and2223(E) other items determined appropriate by
the Secretary.

MUR24306 DVY

S.L.C.

615
1
2

SEC. 715. SPECIAL CARRYOVER ASSUMPTION RULE.

Section 47115 of title 49, United States Code, is

3 amended by adding at the end the following:4‘‘(l) SPECIAL CARRYOVER ASSUMPTION RULE.—Not-

5 withstanding any other provision of law, in addition to
6 amounts made available under paragraphs (1) and (2) of
7 subsection (a), the Secretary may add to the discretionary
8 fund an amount equal to one-third of the apportionment
9 funds made available under section 47114 that were not
10 required during the previous fiscal year pursuant to sec11 tion 47117(b)(1) out of the anticipated amount of appor12 tionment funds made available under section 47114 that
13 will not be required during the current fiscal year pursu14 ant to section 47117(b)(1).’’.
15
16

SEC. 716. SMALL AIRPORT FUND.

Section 47116 of title 49, United States Code, is

17 amended—
18
19
20
21

(1) in subsection (b) by striking paragraphs (1)and (2) and inserting the following:‘‘(1) Not more than 25 percent for grants for
projects at small hub airports.

22‘‘(2) Not less than 25 percent for grants to23

sponsors of public-use airports (except commercial

24

service airports).

MUR24306 DVY

S.L.C.

616
1‘‘(3) Not less than 50 percent for grants to2sponsors of commercial service airports that are not3larger than a nonhub airport.’’;4(2) in subsection (d)—5(A) by striking paragraph (2); and6(B) by redesignating paragraph (3) as

7paragraph (2); and8(3) by striking subsections (e) and (f) and in-

9serting the following:10‘‘(e) GENERAL AVIATION TRANSIENT APRONS.—In

11 distributing amounts from the fund described in sub12 section (a) to sponsors described in subsection (b)(2) and13 (b)(3), 5 percent of each amount shall be used for projects
14 to construct or rehabilitate aprons intended to be used for
15 itinerant general aviation aircraft parking.’’.
16
17SEC. 717. REVISION OF DISCRETIONARY CATEGORIES.

Section 47117 of title 49, United States Code, is

18 amended—1920(1) in subsection (b)(2)—(A) in subparagraph (A)(i) by striking ‘‘or

21(3)(A), whichever is applicable’’; and22(B) in subparagraph (B)—

23

(i)

by

striking‘‘section

2447114(d)(3)(A)’’ and inserting ‘‘section

25

47114(d)(2)(A)’’; andMUR24306 DVY

S.L.C.

617
(ii)

1

by

striking‘‘section

247114(d)(3)(B)’’ and inserting ‘‘section

347114(d)(2)(B)’’;

4
5
6

(2)

in

subsection(c)(2)

bystriking‘‘47114(d)(3)(A)’’ and inserting ‘‘47114(d)(2)(A)’’;(3) in subsection (d)—7(A) in paragraph (1) by striking ‘‘section

847114(d)(2)(A) of this title’’ and inserting

9‘‘section 47114(d)(2)(B)(i)’’; and

10(B) in paragraph (2)—

11

(i)

by

striking‘‘section

1247114(d)(2)(B) or (C)’’ and inserting

13‘‘section 47114(d)(2)(B)(ii) or (iii)’’ in

14each place it appears; and

15
16
17
18
19
20

(ii) by striking ‘‘of this title’’; and(4) in subsection (e)—(A) in paragraph (1)—(i) in subparagraph (A)—(I) by striking ‘‘$300,000,000’’
and inserting ‘‘$200,000,000’’;

21(II) by striking ‘‘for compatible

22

land use planning and projects carried23

out by State and local governments

24

under section 47141,’’;

MUR24306 DVY

S.L.C.

618
(III)

1

by

striking‘‘section

247102(3)(Q)’’ and inserting ‘‘subpara-

3graphs (O), (P), (Q), and (W) of sec-

4

tion 47102(3)’’;

5(IV) by striking ‘‘to comply with

6

the Clean Air Act (42 U.S.C. 7401 et

7seq.)’’; and8(V) by inserting ‘‘The Secretary

9shall provide not less than two-thirds

10of amounts under this subparagraph11

and paragraph (3) for grants to spon-

12

sors of small hub, medium hub, and13

large hub airports.’’ after ‘‘being met

14

in that fiscal year.’’; and15(ii) by striking subparagraph (C); and16(B) by striking paragraph (3) and insert-

17

ing the following:

18‘‘(3) SPECIAL RULE.—Beginning in fiscal year

192026, if the amount made available under paragraph

20(1)(A)

21$150,000,000 in the preceding fiscal year, the Sec-22

retary shall issue grants for projects eligible under23

paragraph (1)(A) from apportionment funds made24

available under section 47114 that are not required

was

not

equal

to

or

greaterthanMUR24306 DVY

S.L.C.

619
1

during the fiscal year pursuant to subsection (b)(1)

2

in an amount that is not less than—3‘‘(A) $150,000,000; minus

4‘‘(B) the amount made available under5

paragraph (1)(A) in the preceding fiscal year.’’.

6

SEC. 718. DISCRETIONARY FUND FOR TERMINAL DEVELOP-

7MENT COSTS.

8(a) TERMINAL PROJECTS AT TRANSITIONING AIR-9

PORTS.—Section 47119(c) of title 49, United States Code,10 is amended—
11
12
13

(1) in paragraph (4) by striking ‘‘or’’ after thesemicolon;(2) in paragraph (5)—(A) by striking ‘‘section 47114(d)(3)(A)’’

14
15

and

16

47114(d)(2)(A)’’; and17

inserting‘‘sections

47114(c)and(B) by striking the period at the end and18

inserting ‘‘; or’’; and19(3) by adding at the end the following:

20‘‘(6) not more than $20,000,000 of the amount21

that may be distributed for the fiscal year from the22

discretionary fund established under section 47115,

23

to the sponsor of a nonprimary airport to pay costs

24

allowable under subsection (a) for terminal develop-

25

ment projects, if the Secretary determines (whichMUR24306 DVY

S.L.C.

620
1

may be based on actual and projected enplanement

2

trends, as well as completion of an air service devel-3

opment study, demonstrated commitment by airlines4

to provide commercial service accommodating at

5least 10,000 annual enplanements, the documented

6commitment of a sponsor to providing the remaining

7

funding to complete the proposed project, and a fa-

8

vorable environmental finding (including all required9

permits) in support of the proposed project) that the10status of the nonprimary airport is reasonably ex-

11pected to change to primary status based on

12

enplanements for the third calendar year after the13

issuance of the discretionary grant.’’.

14(b) LIMITATION.—Section 47119(f) of title 49,

15 United

StatesCode,isamendedbystriking

16 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’.
17
18
19

SEC. 719. PROTECTING GENERAL AVIATION AIRPORTS
FROM CLOSURE.

(a) NON-SURPLUS PROPERTY.—Section 47125 of

20 title 49, United States Code, is amended by adding at the
21 end the following:
22‘‘(c) WAIVING RESTRICTIONS.—

23‘‘(1) IN GENERAL.—Subject to paragraph (2),24

the Secretary may grant to an airport, city, or coun-25

ty a waiver of any of the terms, conditions, reserva-

MUR24306 DVY

S.L.C.

621
1

tions, or restrictions contained in a deed under2

which the United States conveyed to the airport,

3

city, or county an interest in real property for air-4

port purposes pursuant to section 16 of the Federal

5

Airport Act (60 Stat. 179), section 23 of the Airport

6and Airway Development Act of 1970 (84 Stat.

7232), or this section.

8‘‘(2) CONDITIONS.—Any waiver granted by the9

Secretary pursuant to paragraph (1) shall be subject

10

to the following conditions:

11‘‘(A) The applicable airport, city, county,

12or other political subdivision shall agree that in13

conveying any interest in the real property

14

which the United States conveyed to the air-

15

port, city, or county, the airport, city, or county

16

will receive consideration for such interest that17is equal to its current fair market value.

18‘‘(B) Any consideration received by the air-

19

port, city, or county under subparagraph (A)20shall be used exclusively for the development,

21

improvement, operation, or maintenance of a22

public airport by the airport, city, or county.

23
24
25

‘‘(C) Such waiver—‘‘(i) will not significantly impair the
aeronautical purpose of an airport;

MUR24306 DVY

S.L.C.

622
1‘‘(ii) will not result in the permanent

2

closure of an airport (unless the Secretary3

determines that the waiver will directly fa-

4cilitate the construction of a replacement

5

airport); or

6‘‘(iii) is necessary to protect or ad-

7vance the civil aviation interests of the

8

United States.

9‘‘(D) Any other conditions required by the10

Secretary.

11‘‘(3) ANNUAL REPORTING.—The Secretary shall12

include a list and description of each waiver granted

13

pursuant to paragraph (1) in the plan required

14

under section 47103.’’.

15(b) SURPLUS PROPERTY.—

16(1) IN GENERAL.—Section 47151 of title 49,

17

United States Code, is amended by striking sub-18

section (d) and inserting the following:

19‘‘(d) WAIVER OF CONDITION.—The Secretary may

20 not waive any condition imposed on an interest in surplus
21 property conveyed under subsection (a) that such interest
22 be used for an aeronautical purpose unless the Secretary
23 provides public notice not less than 30 days before the
24 issuance of such waiver and determines that such waiver—MUR24306 DVY

S.L.C.

623‘‘(1) will not significantly impair the aero-

1
2

nautical purpose of an airport;

3‘‘(2) will not result in the permanent closure of4

an airport (unless the Secretary determines that the5

waiver will directly facilitate the construction of a6

replacement airport); or‘‘(3) is necessary to protect or advance the civil

78aviation interests of the United States.’’.
(2) WAIVING

9AND

ADDINGTERMS.—Section

1047153 of title 49, United States Code, is amended

11

by striking subsection (c) and inserting the fol-12

lowing:13‘‘(c) RESTRICTIONS ON WAIVER.—Notwithstanding

14 subsections (a) and (b), the Secretary may not waive any
15 term under this section that an interest in land be used
16 for an aeronautical purpose unless—
17‘‘(1) the Secretary provides public notice not18

less than 30 days before the issuance of a waiver;19and‘‘(2) the Secretary determines that such waiv-

20
21
22
23

er—
‘‘(A) will not significantly impair the aeronautical purpose of an airport;

24‘‘(B) will not result in the permanent clo-

25

sure of an airport (unless the Secretary deter-MUR24306 DVY

S.L.C.

624
1

mines that the waiver will directly facilitate the2construction of a replacement airport); or‘‘(C) is necessary to protect or advance the3civil aviation interests of the United States.’’.

45(c) REPEALS.—

6(1) AIRPORTS NEAR CLOSED OR REALIGNED

7

BASES.—Section 1203 of the Federal Aviation Reau-

8

thorization Act of 1996 (49 U.S.C. 47101 note), and9

the item relating to such section in the table of con-10

tents under section 1(b) of such Act, are repealed.
(2) RELEASE

11

FROM

RESTRICTIONS.—Section

12817 of the FAA Modernization and Reform Act of132012 (49 U.S.C. 47125 note), and the item relating

14

to such section in the table of contents under section

15

1(b) of such Act, are repealed.

16

SEC. 720. STATE BLOCK GRANT PROGRAM.

17(a) TRAINING.—Section 47128 of title 49, United

18 States Code, is amended by adding at the end the fol19 lowing:20‘‘(e) TRAINING FOR PARTICIPATING STATES.—

21‘‘(1) IN GENERAL.—The Secretary shall provide

22

to each State participating in the block grant pro-

23

gram under this section training or updated training

24

materials for the administrative responsibilities as-

MUR24306 DVY

S.L.C.

625
1

sumed by the State under such program at no cost2

to the State.

3‘‘(2) TIMING.—The training or updated train-

4

ing materials provided under paragraph (1) shall be

5provided at least once during each 2-year period and6at any time there is a material change in the pro-

7

gram.’’.

8(b) ADMINISTRATION.—Section 47128 of title 49,

9 United States Code, is further amended by adding at the
10 end the following:
1112‘‘(f) ROLES AND RESPONSIBILITIES OF PARTICIPATING STATES.—

13‘‘(1) AIRPORTS.—Unless a State participating

14

in the block grant program under this section ex-

15pressly agrees in a memorandum of agreement, the16Secretary shall not require the State to manage

17

functions and responsibilities for airport actions or

18

projects that do not relate to such program.

19‘‘(2) PROGRAM DOCUMENTATION.—

20‘‘(A) IN GENERAL.—Any grant agreement

21

providing funds to be administered under such

22

program shall be consistent with the most re-

23

cently executed memorandum of agreement be-

24

tween the State and the Federal Aviation Ad-

25

ministration.

MUR24306 DVY

S.L.C.

626
1‘‘(B) PARITY.—The Administrator of the2

Federal Aviation Administration shall provide

3

parity to participating States and shall only re-4quire the same type of information and level of5detail for any program agreements and docu-

6

mentation that the Administrator would per-7

form with respect to such action if the State did

8

not participate in the program.

9‘‘(3) RESPONSIBILITIES.—Unless the State ex-

10pressly agrees to retain responsibility, the Adminis-

11

trator shall retain responsibility for the following:

1213‘‘(A) Grant compliance investigations, determinations, and enforcement.

14‘‘(B) Obstruction evaluation and airport

15

airspace analysis, determinations, and enforce-

16

ment off airport property.

17‘‘(C) Non-rulemaking analysis, determina-

18

tions, and enforcement for proposed improve-19

ments on airport properties not associated with20

this subchapter, or off airport property.

21‘‘(D) Land use determinations, compat-

22

ibility planning, and airport layout plan review

23

and approval (consistent with section 47107(x))

24

for projects not funded by amounts available

25

under this subchapter.

MUR24306 DVY

S.L.C.

627
1
2
3
4

‘‘(E) Nonaeronautical and special event
recommendations and approvals.
‘‘(F) Instrument approach procedure evaluations and determinations.

5‘‘(G) Environmental review for projects not

6funded by amounts available under this sub-7

chapter.

8‘‘(H) Review and approval of land leases,

9

land releases, changes in on-airport land-use

10

designation,

11

ments.’’.

12
13

and

through-the-fence

agree-(c) IIJA STATE BLOCK GRANT PROGRAM ADMINISTRATIVE FUNDING.—

14(1) IN GENERAL.—Not later than 180 days

15

after the date of enactment of this Act, the Sec-16

retary shall distribute administrative funding to as-

17sist States participating in the State block grant

18

program under section 47128 of title 49, United

19

States Code, with program implementation of air-20

port infrastructure projects under the Infrastructure

21

Investment and Jobs Act (Public Law 117–58).

22(2) FUNDING SOURCE.—In distributing admin-

23

istrative funds to States under this subsection, the24Secretary shall distribute such funds from the funds

25

made available in the Infrastructure Investment andMUR24306 DVY

S.L.C.

628
1

Jobs Act (Public Law 117–58) for personnel, con-2

tracting, and other costs to administer and oversee

3

grants of the Airport Infrastructure Grants, Con-

4

tract Tower Competitive Grant Program, and Air-5

port Terminal Program.

6(3) ADMINISTRATIVE FUNDS.—With respect to7administrative funds made available for fiscal years

82022 through 2026—

9(A) the amount of administrative funds

10

available for distribution under paragraph (2)11shall be an amount equal to a percentage deter-

12

mined by the Secretary, but not less than 2

13

percent, of the annual allocations provided

14

under the heading ‘‘AIRPORT INFRASTRUC-

15

TURE GRANTS’’ under the heading ‘‘FED-

16

ERAL AVIATION ADMINISTRATION’’ in17

title VIII of division J of the Infrastructure In-

18

vestment and Jobs Act (Public Law 117–58) to19

non-primary

20

State’s block grant program each fiscal year of21

the Airport Infrastructure Grant program;airports

participating

in

the

22

(B) administrative funds distributed under23

paragraph (2) shall be used by such States to—24(i) administer and oversee, as outlined

25

in a memorandum of agreement or otherMUR24306 DVY

S.L.C.

629
1

agreement between the FAA and the State,2

all airport grant program funds provided

3

under the Infrastructure Investment and4

Jobs Act (Public Law 117–58) to non-pri-

5mary airports participating in the State’s

6

block grant program, whether through di-7

rect allocation or through competitive se-8lection; and9(ii) carry out the public purposes of

10

supporting eligible and justified airport de-11velopment and infrastructure projects as

12provided in the Infrastructure Investment

13

and Jobs Act (Public Law 117–58); and14(C) except as provided in paragraph (4),15such administrative funds shall be distributed

16

to such States through a cooperative agreement

17

executed between the State and the FAA not

18

later than December 1 of each fiscal year in19

which the Infrastructure Investment and Jobs

20

Act (Public Law 117–58) provides airport grant21

program funds.

22(4) INITIAL DISTRIBUTION.—With respect to23administrative funds made available for fiscal years

242022 through 2024, funds available as of the date25

of enactment of this Act shall be distributed toMUR24306 DVY

S.L.C.

630
1

States through a cooperative agreement executed be-2

tween the State and the FAA not later than 30 days

3

after such date of enactment.

4(d) REPORT.—The Comptroller General shall issue to

5 the appropriate committees of Congress a report on the
6 Office of Airports of the FAA and the airport improve7 ment program under subchapter I of chapter 471 and8 chapter 475 of title 49, United States Code, and include
9 in such report a description of—
10(1) the responsibilities of States participating in11

the block grant program under section 47128 of title

1249, United States Code; and13(2) the impact of title VIII of division J of the

14

Infrastructure Investment and Jobs Act (Public Law

15

117–58) and other Federal administrative funding

16

sources on the ability of such States to disburse and17administer airport improvement program funds.

18
19

SEC. 721. INNOVATIVE FINANCING TECHNIQUES.

Section 47135 of title 49, United States Code, is

20 amended—21(1) by striking subsections (a) and (b) and in-22

serting the following:

23‘‘(a) AUTHORITY.—

24‘‘(1) IN GENERAL.—The Secretary of Transpor-

25

tation may approve an application by an airport

MUR24306 DVY

S.L.C.

631
1

sponsor to use grants received under this subchapter

2

for innovative financing techniques related to an air-3

port development project that is located at an air-4

port that is not a large hub airport.

5‘‘(2) APPROVAL.—The Secretary may approve6

not more than 30 applications described under para-

7

graph (1) in a fiscal year.

8‘‘(b) PURPOSES.—The purpose of grants made under

9 this section shall be to—10‘‘(1) provide information on the benefits and11

difficulties of using innovative financing techniques

12

for airport development projects;

1314‘‘(2) lower the total cost of an airport development project; or15‘‘(3) expedite the delivery or completion of an

16

airport development project without reducing safety

17

or causing environmental harm.’’; and18(2) in subsection (c)(2)—

19
20
21

(A) in subparagraph (C) by striking ‘‘and’’at the end;(B) in subparagraph (D) by striking the22

period at the end and inserting ‘‘; and’’; and23(C) by adding at the end the following:MUR24306 DVY

S.L.C.

6321‘‘(E) any other techniques that the Sec-2

retary determines are consistent with the pur-3

poses of this section.’’.

4

SEC. 722. LONG-TERM MANAGEMENT PLANS.

5

Section 47136(c) of title 49, United States Code is

6 amended—78(1) by striking ‘‘applicants that will’’ and inserting the following: ‘‘applicants that—9‘‘(1) will’’;

10(2) by striking the period at the end and insert-11

ing ‘‘; and’’; and12(3) by adding at the end the following:

13‘‘(2) provide a long-term management plan for

14

eligible vehicles and equipment that includes the ex-

15

isting and future infrastructure requirements of the16

airport related to such vehicles and equipment.’’.

17
18

SEC. 723. ALTERNATIVE PROJECT DELIVERY.

(a) IN GENERAL.—Section 47142 of title 49, United

19 States Code, is amended—20(1) in the section heading by striking ‘‘De-

21

sign-build contracting’’ and inserting ‘‘Alter-

22

native project delivery’’;23(2) in subsection (a)—2425(A) in the matter preceding paragraph(1)—

MUR24306 DVY

S.L.C.

633
1(i) by striking ‘‘Administrator of the2

Federal Aviation Administration’’ and in-3

serting ‘‘Secretary of Transportation’’; and4(ii) by striking ‘‘award a design-build’’

5and inserting ‘‘award a covered project de-

6

livery’’;7(B) in paragraph (2) by striking ‘‘design-8

build’’ and inserting ‘‘covered project delivery’’;

9

and

10

(C) in paragraph (4) by striking ‘‘design-

11

build contract will’’ and inserting ‘‘covered

12

project delivery contract is projected to’’; and13(3) by striking subsection (c) and inserting the14

following:

15‘‘(c) PILOT PROGRAM.—16‘‘(1) PILOTPROGRAM.—Notlater than 270

17days after the date of enactment of this section, the18

Secretary shall establish a pilot program under

19

which the Administrator may award grants for inte-

20

grated project delivery contracts, as described in21

subsection (d)(2), to carry out up to 5 building con-22

struction projects at airports in the United States

23with a grant awarded under section 47104.

24‘‘(2) APPLICATION.—MUR24306 DVY

S.L.C.

634
1‘‘(A) ELIGIBILITY.—A sponsor of an air-2

port may submit to the Secretary an applica-

3tion, in such time and manner and containing

4

such information as the Secretary may require,5

to carry out a building construction project6

under the pilot program that would otherwise

7

be eligible for assistance under this chapter.

8‘‘(B) APPROVAL.—The Secretary may ap-

9

prove the application of a sponsor of an airport

10

submitted under paragraph (1) to authorize

11such sponsor to award an integrated project de-

12

livery contract using a selection process per-13

mitted under applicable State or local law if—

14‘‘(i) the Secretary approves the appli-

15

cation using criteria established by the16

Secretary;

17‘‘(ii) the integrated project delivery

18

contract is in a form that is approved by

19

the Secretary;

20‘‘(iii) the Secretary is satisfied that21

the contract will be executed pursuant to22competitive procedures and contains a

23

schematic design and any other material

24

that the Secretary determines sufficient to25

approve the grant;MUR24306 DVY

S.L.C.

635
1‘‘(iv) the Secretary is satisfied that2

the use of an integrated project delivery

3

contract will be cost effective and expedite

4the project;‘‘(v) the Secretary is satisfied that

5
6

there will be no conflict of interest; and7‘‘(vi) the Secretary is satisfied that8

the contract selection process will be open,

9

fair, and objective and that not less than10

2 sets of proposals will be submitted for11each team entity under the selection proc-

12

ess.

13

‘‘(3) REIMBURSEMENT OF COSTS.—

14‘‘(A) IN GENERAL.—The Secretary may re-15

imburse a sponsor of an airport for any design

16

or construction costs incurred before a grant is

17

made pursuant to this section if—

1819‘‘(i) the project funding is approvedby the Secretary in advance;

20‘‘(ii) the project is carried out in ac-

21

cordance with all administrative and statu-

22

tory requirements under this chapter; and23‘‘(iii) the project is carried out under24

this chapter after a grant agreement has

25

been executed.

MUR24306 DVY

S.L.C.

636
1

‘‘(B)

ACCOUNTING.—Reimbursementof2

costs shall be based on transparent cost ac-

3

counting or open book cost accounting.

4‘‘(d) COVERED PROJECT DELIVERY CONTRACT DE-

5

FINED.—In this section, the term ‘covered project delivery

6 contract’ means—7‘‘(1) an agreement that provides for both design8and construction of a project by a contractor

9

through alternative project delivery methods, includ-10

ing construction manager-at-risk and progressive de-11

sign build; or1213‘‘(2) a single contract for the delivery of awhole project that—

14‘‘(A) includes, at a minimum, the sponsor,

15

builder, and architect-engineer as parties that16

are subject to the terms of the contract;

17‘‘(B) aligns the interests of all the parties

18

to the contract with respect to the project costs

19

and project outcomes; and20‘‘(C) includes processes to ensure trans-

21

parency and collaboration among all parties to22

the contract relating to project costs and23

project outcomes.’’.

24(b) BRIEFING.—Not later than 2 years after the Sec-

25 retary establishes the pilot program under section

MUR24306 DVY

S.L.C.

637
1 47142(c) of title 49, United States Code (as amended by
2 subsection (a)), the Secretary shall brief the appropriate
3 committees of Congress on whether integrated project de4 livery or other covered project delivery contracts author5 ized under such section resulted in any project efficiencies.
6(c) CLERICAL AMENDMENT.—The analysis for chap-

7 ter 471 of title 49, United States Code, is amended by
8 striking the item relating to section 47142 and inserting
9 the following:‘‘47142. Alternative project delivery.’’.

10

SEC. 724. NONMOVEMENT AREA SURVEILLANCE SURFACE11DISPLAY SYSTEMS PILOT PROGRAM.

12

Section 47143(c) of title 49, United States Code, is

13 amended by striking ‘‘May 11, 2024’’ and inserting ‘‘Octo14 ber 1, 2028’’.
15
16SEC. 725. AIRPORT ACCESSIBILITY.

(a) IN GENERAL.—Subchapter I of chapter 471 of

17 title 49, United States Code, is amended by adding at the
18 end the following:
19 ‘‘§ 47145. Pilot program for airport accessibility
20‘‘(a) IN GENERAL.—The Secretary of Transportation

21 shall establish and carry out a pilot program to award
22 grants to sponsors to carry out capital projects to upgrade
23 the accessibility of commercial service airports for individ24 uals with disabilities by increasing the number of commer25 cial service airports, airport terminals, or airport facilities

MUR24306 DVY

S.L.C.

638
1 that meet or exceed the standards and regulations under
2 the Americans with Disabilities Act of 1990 (42 U.S.C.
3 12131 et seq.) and the Rehabilitation Act of 1973 (29
4 U.S.C. 701 note).
5‘‘(b) USE OF FUNDS.—

6‘‘(1) IN GENERAL.—Subject to paragraph (2), a

7

sponsor shall use a grant awarded under this sec-

8

tion—

9

‘‘(A) for a project to repair, improve, or re-10

locate the infrastructure of an airport, airport

11

terminal, or airport facility to increase accessi-

12bility for individuals with disabilities, or as part13

of a plan to increase accessibility for individuals

14with disabilities;

15‘‘(B) to develop or modify a plan (as de-16

scribed in subsection (e)) for a project that in-17

creases accessibility for individuals with disabil-

18

ities, including—19‘‘(i) assessments of accessibility or as-

20

sessments of planned modifications to an

21

airport, airport terminal, or airport facility

22

for passenger use, performed by the dis-23

ability advisory committee of the recipient

24

airport (if applicable), the protection and25

advocacy system for individuals with dis-MUR24306 DVY

S.L.C.

639
1

abilities in the applicable State, a center2

for independent living, or a disability orga-

3

nization, including an advocacy or non-4

profit organization that represents or pro-5

vides services to individuals with disabil-

6

ities; or7‘‘(ii) coordination by the disability ad-

8visory committee of the recipient airport

9with a protection and advocacy system,

10

center for independent living, or such dis-11

ability organization; or

12‘‘(C) to carry out any other project that13

meets or exceeds the standards and regulations

14

described in subsection (a).

15‘‘(2) LIMITATION.—Eligible costs for a project16

funded with a grant awarded under this section shall17

be limited to the costs associated with carrying out

18

the purpose authorized under subsection (a).

19‘‘(c) ELIGIBILITY.—A sponsor may use a grant under

20 this section to upgrade a commercial service airport that
21 is accessible to and usable by individuals with disabil22 ities—
23‘‘(1) consistent with the current (as of the date24of the upgrade) standards and regulations described25

in subsection (a); andMUR24306 DVY

S.L.C.

640
1‘‘(2) even if the related service, program, or ac-

2

tivity, when viewed in the entirely of the service, pro-

3

gram, or activity, is readily accessible and usable as4

so described.

5‘‘(d) SELECTION CRITERIA.—In making grants to

6 sponsors under this section, the Secretary shall give pri7 ority to sponsors that are proposing—8‘‘(1) a capital project to upgrade the accessi-

9bility of a commercial service airport that is not ac-

10

cessible to and usable by individuals with disabilities

11

consistent with standards and regulations described

12

in subsection (a); or

13‘‘(2) to meet or exceed the Airports Council

14

International accreditation under the Accessibility

15

Enhancement Accreditation, through the incorpora-

16

tion of universal design principles.

17‘‘(e) ACCESSIBILITY COMMITMENT.—A sponsor that18 receives a grant under this section shall adopt a plan
19 under which the sponsor commits to pursuing airport ac20 cessibility projects that—21‘‘(1) enhance the passenger experience and22

maximize accessibility of commercial service airports,

23

airport terminals, or airport facilities for individuals

24with disabilities, including by—MUR24306 DVY

S.L.C.

641‘‘(A) upgrading bathrooms, counters, or1

pumping rooms;

23‘‘(B) increasing audio and visual accessi-

4bility on information boards, security gates, or5paging systems;

6‘‘(C) updating airport terminals to increase7

the availability of accessible seating and power

8

outlets for durable medical equipment (such as

9powered wheelchairs);

10‘‘(D) updating airport websites and other11

information communication technology to be ac-

12

cessible for individuals with disabilities; or13‘‘(E) increasing the number of elevators,

14

including elevators that move power wheelchairs

15

to an aircraft;16‘‘(2) improve the operations of, provide effi-

17

ciencies of service to, and enhance the use of com-18

mercial service airports for individuals with disabil-

19

ities;

20‘‘(3) establish a disability advisory committee if

21

the airport is a small, medium, or large hub airport;

22

and

23

‘‘(4) make improvements in personnel, infra-

24

structure, and technology that can assist passenger

MUR24306 DVY

S.L.C.

642
1

self-identification regarding disability and needing2

assistance.

3‘‘(f) COORDINATION WITH DISABILITY ADVOCACY

4 ENTITIES.—In administering grants under this section,
5 the Secretary shall encourage—
6‘‘(1) engagement with disability advocacy enti-

7

ties (such as the disability advisory committee of the8sponsor) and a protection and advocacy system for9

individuals with disabilities in the applicable State,

10

a center for independent living, or a disability orga-

11

nization, including an advocacy or nonprofit organi-

12

zation that represents or provides services to individ-

13

uals with disabilities; and

14‘‘(2) assessments of accessibility or assessments

15of planned modifications to commercial service air-16

ports to the extent merited by the scope of the cap-

17

ital project of the sponsor proposed to be assisted

18

under this section, taking into account any such as-

19

sessment already conducted by the Federal Aviation

20

Administration.

21‘‘(g) FEDERAL SHAREOFCOSTS.—The Govern-

22 ment’s share of allowable project costs for a project car23 ried out with a grant under this section shall be the Gov24 ernment’s share of allowable project costs specified under
25 section 47109.

MUR24306 DVY

S.L.C.

6431‘‘(h) DEFINITIONS.—In this section:2‘‘(1) CENTER FOR INDEPENDENT LIVING.—The3

term ‘center for independent living’ has the meaning

4

given such term in section 702 of the Rehabilitation

5

Act of 1973 (29 U.S.C. 796a).

6‘‘(2) DISABILITY ADVISORY COMMITTEE.—The7

term ‘disability advisory committee’ means a body of8

stakeholders (including airport staff, airline rep-9

resentatives, and individuals with disabilities) that10provide to airports and appropriate transportation

11

authorities input from individuals with disabilities,

12

including identifying opportunities for removing bar-

13

riers, expanding accessibility features, and improving

14

accessibility for individuals with disabilities at air-15

ports.

16‘‘(3) PROTECTION AND ADVOCACY SYSTEM.—

17

The term ‘protection and advocacy system’ means a18system established in accordance with section 143 of

19

the Developmental Disabilities Assistance and Bill of

20

Rights Act of 2000 (42 U.S.C. 15043).

21‘‘(i) FUNDING.—Notwithstanding any other provision

22 of this chapter, for each of fiscal years 2025 through23 2028, the Secretary may use up to $20,000,000 of the
24 amounts that would otherwise be used to make grants

MUR24306 DVY

S.L.C.

644
1 from the discretionary fund under section 47115 for each
2 such fiscal year to carry out this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for3

4 subchapter I of chapter 471 of title 49, United States
5 Code, is amended by inserting after the item relating to
6 section 47144 the following:‘‘47145. Pilot program for airport accessibility.’’.

7

SEC. 726. GENERAL AVIATION AIRPORT RUNWAY EXTEN-

8
9

SION PILOT PROGRAM.

(a) IN GENERAL.—Subchapter I of chapter 471 of

10 title 49, United States Code, is further amended by adding
11 at the end the following:
12 ‘‘§ 47146. General aviation program runway extension
13
14

pilot program.

‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-

15 tation shall establish and carry out a pilot program to pro16 vide grants to general aviation airports to increase the us17 able runway length capability at such airports in order
18 to—
1920
21‘‘(1) expand access to such airports for larger
aircraft; and‘‘(2) support the development and economic via-

22

bility of such airports.

23‘‘(b) GRANTS.—

24‘‘(1) IN GENERAL.—For the purpose of car-25

rying out the pilot program established in subsection

MUR24306 DVY

S.L.C.

6451(a), the Secretary shall make grants to not more

2than 2 sponsors of general aviation airports per fis-3

cal year.

4‘‘(2) USE OF FUNDS.—A sponsor of a general5aviation airport shall use a grant awarded under this6

section to plan, design, or construct a project to ex-

7tend an existing primary runway by not greater than8

1,000 feet in order to accommodate large turboprop

9or turbojet aircraft that cannot be accommodated

10with the existing runway length.

11‘‘(3) ELIGIBILITY.—To be eligible to receive a

12

grant under this section, a sponsor of a general avia-

13

tion airport shall submit an application to the Sec-

14

retary at such time, in such form, and containing

15

such information as the Secretary may require.

16‘‘(4) SELECTION.—In selecting an applicant for17

a grant under this section, the Secretary shall18

prioritize projects that demonstrate that the existing

19

runway length at the airport is—

20‘‘(A) inadequate to support the near-term

21

operations of 1 or more business entities oper-

22

ating at the airport as of the date of submission

23

of such application;

24‘‘(B) a direct aircraft operational impedi-

25

ment to airport economic viability, job creation

MUR24306 DVY

S.L.C.

646
1

or retention, or local economic development;

2

and

3

‘‘(C) not located within 20 miles of another4

National Plan of Integrated Airport Systems

5

airport with comparable runway length.

6‘‘(c) PROJECT JUSTIFICATION.—A project that dem-

7 onstrates the criteria described in subsection (b) shall be
8 considered a justified cost with respect to the pilot pro9 gram, notwithstanding—
1011‘‘(1) any benefit-cost analysis required under
section 47115(d); or

12‘‘(2) a project justification determination de-

13

scribed in section 3 of chapter 3 of FAA Order

145100.38D, Airport Improvement Program Handbook

15(dated September 30, 2014) (or any successor docu-

16ment).

17‘‘(d) FEDERAL SHARE.—The Government’s share of

18 allowable project costs for a project carried out with a
19 grant under this section shall be the Government’s share
20 of allowable project costs specified under section 47109.
21‘‘(e) REPORT TO CONGRESS.—Not later than 5 years

22 after the establishment of the pilot program under sub23 section (a), the Secretary shall submit to the Committee
24 on Commerce, Science, and Transportation of the Senate
25 and the Committee on Transportation and InfrastructureMUR24306 DVY

S.L.C.

647
1 of the House of Representatives a report that evaluates
2 the pilot program, including—3‘‘(1) information regarding the level of appli-4

cant interest in grants for increasing runway length;5‘‘(2) the number of large aircraft that accessed6each general aviation airport that received a grant

7

under the pilot program in comparison to the num-8

ber of such aircraft that accessed the airport prior

9to the date of enactment of the FAA Reauthoriza-

10tion Act of 2024, based on data provided to the Sec-11

retary by the airport sponsor not later than 6

12months before the submission date described in this13

subsection; and14‘‘(3) a description, provided to the Secretary by

15

the airport sponsor not later than 6 months before

16

the submission date described in this subsection, of17

the economic development opportunities supported

18

by increasing the runway length at general aviation

19

airports.

20‘‘(f) FUNDING.—For each of fiscal years 2025

21 through 2028, the Secretary may use funds under section
22 47116(b)(2) to carry out this section.’’.
23(b) CLERICAL AMENDMENT.—The analysis for sub-

24 chapter I of chapter 471 of title 49, United States Code,MUR24306 DVY

S.L.C.

648
1 is further amended by inserting after the item relating to
2 section 47145 the following:‘‘47146. General aviation airport runway extension pilot program.’’.

3
4

SEC. 727. REPEAL OF OBSOLETE CRIMINAL PROVISIONS.

Section 47306 of title 49, United States Code, and5 the item relating to such section in the analysis for chap6 ter 473 of such title, are repealed.
7

SEC. 728. TRANSFERS OF AIR TRAFFIC SYSTEMS ACQUIRED89WITH AIP FUNDING.

Section 44502(e) of title 49, United States Code, is

10 amended—
11(1) in paragraph (1) by striking ‘‘An airport’’

12

and inserting ‘‘Subject to paragraph (4), an airport

13

in a non-contiguous State’’;14(2) in paragraph (3)—

15
16
17
18
19
20

(A) in subparagraph (B) by striking ‘‘or’’at the end;(B) in subparagraph (C) by striking theperiod at the end and inserting ‘‘; or’’; and(C) by adding at the end the following new
subparagraph:21‘‘(D) a Medium Intensity Approach Light-

22

ing System with Runway Alignment Indicator

23Lights.’’; and24(3) by adding at the end the following new25

paragraph:MUR24306 DVY

S.L.C.

649
1

‘‘(4)

EXCEPTION.—The

requirement

under

2

paragraph (1) that an eligible air traffic system or3

equipment be purchased in part using a Government

4

airport aid program, airport development aid pro-

5

gram, or airport improvement project grant shall not

6

apply if the air traffic system or equipment is in-7stalled at an airport that is categorized as a basic

8

or local general aviation airport under the most re-

9cently published national plan of integrated airport

10

systems under section 47103.’’.

11
12SEC. 729. NATIONAL PRIORITY SYSTEM FORMULAS.

(a) IN GENERAL.—Not later than 1 year after the

13 date of enactment of this Act, the Secretary shall review
14 and update the National Priority System prioritization
15 formulas contained in FAA Order 5090.5 to account for
16 the amendments to chapter 471 of title 49, United States
17 Code, made by this Act.
18(b) REQUIRED CONSULTATION.—In revising the for-19 mulas under subsection (a), the Secretary shall consult
20 with representatives of the following:
21
22
23
24

(1) Primary airports, including large, medium,small, and nonhub airports.
(2) Non-primary airports, including generalaviation airports.

MUR24306 DVY

S.L.C.

650
1
2
3
4
5
6

(3) Airport trade associations, including tradeassociations representing airport executives.
(4) State aviation officials, including associations representing such officials.
(5) Air carriers, including mainline, regional,
and low cost air carriers.

7(6) Associations representing air carriers.

8(c) PRIORITY PROJECTS.—In revising the formulas

9 under subsection (a), the Secretary shall assign the high10 est priority to projects that increase or maintain the safe11 ty, efficiency, and capacity of the aviation system.
12

SEC. 730. MINORITY AND DISADVANTAGED BUSINESS PAR-

13
14

TICIPATION.

(a) FINDINGS.—Congress finds the following:

15(1) While significant progress has occurred due

16

to the establishment of the airport disadvantaged

17

business enterprise program and the airport conces-18

sions disadvantaged business enterprise program

19

under sections 47113 and 47107(e) of title 49,

20

United States Code, respectively, discrimination and21

related barriers continue to pose significant obstacles

22

for minority- and women-owned businesses seeking

23

to do business in airport-related markets across the24

Nation.

MUR24306 DVY

S.L.C.

651
1(2) Congress has received and reviewed testi-

2

mony and documentation of race and gender dis-3

crimination from numerous sources, including con-4

gressional hearings and roundtables, scientific re-5

ports, reports issued by public and private agencies,

6

news stories, reports of discrimination by organiza-

7

tions and individuals, and discrimination lawsuits.

8

Such testimony and documentation show that race-9

and gender-neutral efforts alone are insufficient to10

address the problem.

11(3) The testimony and documentation described12

in paragraph (2) demonstrate that race and gender

13

discrimination poses a barrier to full and fair par-14

ticipation in airport-related businesses of women

15

business owners and minority business owners in the

16

racial groups detailed in parts 23 and 26 of title 49,

17

Code of Federal Regulations, and has impacted firm

18

development and other aspects of airport-related

19

business in the public and private markets.

20(4) The testimony and documentation described21

in paragraph (2) provide a strong basis that there

22

is a compelling need for the continuation of the air-23

port disadvantaged business enterprise program and24

the airport concessions disadvantaged business en-MUR24306 DVY

S.L.C.

652
1

terprise program to address race and gender dis-2

crimination in airport-related business.

3(b) SUPPORTIVE SERVICES.—Section 47113 of title

4 49, United States Code, is amended by adding at the end
5 the following:
6‘‘(f) SUPPORTIVE SERVICES.—

7‘‘(1) IN GENERAL.—The Secretary, in coordina-

8tion with the Administrator of the Federal Aviation

9

Administration, may, at the request of an airport

10

sponsor, provide assistance under a grant issued

11

under this subchapter to develop, conduct, and ad-

12

minister training programs and assistance programs

13

in connection with any airport improvement project14

subject to part 26 of title 49, Code of Federal Regu-

15

lations, for small business concerns referred to in

16

subsection (b) to achieve proficiency to compete, on

17an equal basis for contracts and subcontracts related

18

to such projects.

1920‘‘(2) ELIGIBLE ENTITIES.—An entity eligible toreceive assistance under this section is—

21‘‘(A) a State;

22‘‘(B) a political subdivision of a State or23

local government;

24‘‘(C) a Tribal government;

25‘‘(D) an airport sponsor;

MUR24306 DVY

S.L.C.

653
1‘‘(E) a metropolitan planning organization;2‘‘(F) a group of entities described in sub-3
45paragraphs (A) through (E); or‘‘(G) any other organization considered appropriate by the Secretary.’’.

6

SEC. 731. EXTENSION OF PROVISION RELATING TO AIR-

7

PORT ACCESS ROADS IN REMOTE LOCA-

8TIONS.

9

Section 162 of the FAA Reauthorization Act of 2018

10 (49 U.S.C. 47102 note) is amended, in the matter pre11 ceding paragraph (1), by striking ‘‘2018’’ and all that fol12 lows through ‘‘2024’’ and inserting ‘‘2024 through 2028’’.
13
14

SEC. 732. POPULOUS COUNTIES WITHOUT AIRPORTS.

Notwithstanding any other provision of law, the Sec-

15 retary may not deny inclusion in the national plan of inte16 grated airport systems maintained under section 47103 of
17 title 49, United States Code, to an airport or proposed
18 airport if the airport or proposed airport—
19(1) is located in the most populous county (as20such term is defined in section 2 of title 1, United

21

States Code) of a State that does not have an air-22

port listed in the national plan;

2324(2) has an airport sponsor that was established
before January 1, 2017;

MUR24306 DVY

S.L.C.

65412(3) is located more than 15 miles away fromanother airport listed in the national plan;3(4) demonstrates how the airport will meet the4operational activity required, through a forecast vali-

5

dated by the Secretary, within the first 10 years of

6

operation;

7(5) meets FAA airport design standards;

8(6) submits a benefit-cost analysis;

9(7) presents a detailed financial plan to accom-

10

plish construction and ongoing maintenance; and

11(8) has the documented support of the State

12

government for the entry of the airport or proposed

13

airport into the national plan.

14
15SEC. 733. AIP HANDBOOK UPDATE.

(a) IN GENERAL.—Not later than 3 years after the

16 date of enactment of this Act, the Administrator shall re17 vise the Airport Improvement Program Handbook (FAA
18 Order 5100.38D) (in this section referred to as the ‘‘AIP
19 Handbook’’) to account for legislative changes to the air20 port improvement program under subchapter I of chapter
21 471 and chapter 475 of title 49, United States Code, and
22 to make such other changes as the Administrator deter23 mines necessary.
24(b) REQUIREMENTS RELATING TO ALASKA.—In re-

25 vising the AIP Handbook under subsection (a) (and in any

MUR24306 DVY

S.L.C.

655
1 subsequent revision), the Administrator, in consultation
2 with the Governor of Alaska, shall identify and incorporate
3 reasonable exceptions to the general requirements of the
4 AIP Handbook to meet the unique circumstances, and ad5 vance the safety needs, of airports in Alaska, including
6 with respect to the following:
78(1) Snow Removal Equipment Building size andconfiguration.

9(2) Expansion of lease areas.

10(3) Shared governmental use of airport equip-

11
12
13
14
15

ment and facilities in remote locations.
(4) Ensuring the resurfacing or reconstructionof legacy runways to support—(A) aircraft necessary to support critical
health needs of a community;

16(B) remote fuel deliveries; and17(C) firefighting response.

18(5) The use of runway end identifier lights at

19

airports in Alaska.

20(c) ADDITIONAL REQUIREMENT.—In revising the

21 AIP Handbook under subsection (a), the Administrator
22 shall include updates to reflect whether a light emitting
23 diode system is an appropriate replacement for any exist24 ing halogen system.
25(d) PUBLIC COMMENT.—MUR24306 DVY

S.L.C.

656
1(1) IN GENERAL.—Not later than 2 years after2

the date of enactment of this Act, the Administrator

3

shall publish a draft revision of the AIP Handbook

4

and make such draft available for public comment

5

for a period of not less than 90 days.

6(2) REVIEW.—The Administrator shall—

7(A) review all comments submitted during

8

the public comment period described under9

paragraph (1);10(B) as the Administrator considers appro-

11

priate, incorporate changes based on such com-12

ments into the final revision of the Handbook;

13

and

14
15
16

(C) provide a response to all significant
comments.
(e) INTERIM IMPLEMENTATION OF CHANGES.—

17(1) IN GENERAL.—Except as provided in para-

18

graph (2), not later than 1 year after the date of en-

19

actment of this Act, the Administrator shall issue

20

program guidance letters to provide for the interim

21

implementation of amendments made by this Act to

22

the Airport Improvement Program.

23(2) ALASKA EXCEPTIONS.—Not later than 60

24days after the date on which the Administrator iden-25

tified reasonable exceptions under subsection (b), theMUR24306 DVY

S.L.C.

657
1

Administrator, in consultation with the Regional Ad-

2ministrator of the FAA Alaskan Region, shall issue

3

program guidance letters to provide for the interim

4

application of such exceptions.

56
7

SEC. 734. GAO AUDIT OF AIRPORT FINANCIAL REPORTING
PROGRAM.

(a) AUDIT.—Not later than 18 months after the date

8 of enactment of this Act, the Comptroller General shall9 initiate an audit of the airport financial reporting program
10 of the FAA and provide recommendations to the Adminis11 trator on improvements to such program.
12(b) REQUIREMENTS.—In conducting the audit re-

13 quired under subsection (a), the Comptroller General
14 shall, at a minimum—
15(1) review relevant FAA guidance to airports,

16

including the version of Advisory Circular 150/5100–

1719, titled ‘‘Operating and Financial Summary’’, that18

is in effect on the date of enactment of this Act;19(2) evaluate the information requested or re-20

quired by the Administrator from airports for com-21

pleteness and usefulness by the FAA and the public;22(3) assess the costs associated with collecting,23

reporting, and maintaining such information for air-24

ports and the FAA;

25(4) determine if such information provided is—MUR24306 DVY

S.L.C.

658
123(A) updated on a regular basis to makesuch information useful; and(B) audited and verified in an appropriate

4

manner;5(5) assess if the Administrator has addressed6

the issues the Administrator discovered during the7

apportionment and disbursement of relief funds to8

airports under the Coronavirus Aid, Relief, and Eco-

9

nomic Security Act (Public Law 116–136) using in-10

accurate and aged airport financial data; and11(6) determine whether the airport financial re-12

porting program as structured as of the date of en-

13

actment of this Act provides value to the FAA, the14aviation industry, or the public.

15(c) REPORTTOCONGRESS.—Not later than 3

16 months after the completion of the audit required under
17 subsection (a), the Comptroller General shall submit to the
18 appropriate committees of Congress a report containing
19 the findings of such audit and any recommendations pro20 vided to the Administrator to improve or alter the airport
21 financial reporting program.
22
23

SEC. 735. GAO STUDY OF ONSITE AIRPORT GENERATION.

(a) STUDY.—Not later than 1 year after the date of

24 enactment of this Act, the Comptroller General shall ini25 tiate a study on the feasibility of installation and adoption

MUR24306 DVY

S.L.C.

659
1 of certain power generation property at airports which re2 ceive funding from the Federal Government.
3(b) CONTENT.—In carrying out the study required

4 under subsection (a), the Comptroller General shall exam5 ine—
6(1) any safety impacts of the installation and7

operation of such power generation property, either

8

in aggregate or around certain locations or struc-9tures at the airport;

10(2) regulatory barriers to adoption;11(3) benefits to adoption;12(4) previous examples of adoptions;

13(5) impacts on other entities; and

14(6) previous examples of adoption and factors

15pertaining to previous examples of adoption, includ-

16

ing—

17

(A) novel uses beyond supplemental power

18

generation, such as expanding nonresidential

19

property around airports to minimize noise,

20

power generation resilience, and market forces;

21(B) challenges identified in the installation

22
23
24

process;(C) upfront and long-term costs, both foreseen and unforeseen;MUR24306 DVY

S.L.C.

660(D) funding sources used to pay for up-

1

front costs; and2(E) long-term savings.

34(c) REPORT.—Not later than 2 years after the initi-

5 ation of the study under subsection (a), the Comptroller
6 General shall submit to the appropriate committees of
7 Congress a report containing the results of the study and8 any recommendations based on such results.
9(d) POWER GENERATION PROPERTY DEFINED.—In

10 this section, the term ‘‘power generation property’’ means
11 equipment defined in section 48(a)(3)(A) of the Internal
12 Revenue Code of 1986.
13

SEC. 736. TRANSPORTATION DEMAND MANAGEMENT AT

14
15

AIRPORTS.

(a) IN GENERAL.—Not later than 2 years after the

16 date of enactment of this Act, the Comptroller General
17 shall conduct a study to examine the efficacy of transpor18 tation demand management strategies at United States
19 airports.
20(b) CONSIDERATIONS.—In conducting the study

21 under subsection (a), the Comptroller General shall exam22 ine, at a minimum—
23(1) whether transportation demand manage-

24

ment strategies should be considered by airports

MUR24306 DVY

S.L.C.

661
1

when making infrastructure planning and construc-2tion decisions;

3(2) the impact of transportation demand man-4

agement strategies on existing multimodal options to5

and from airports in the United States; and6(3) best practices for developing transportation

7

demand management strategies that can be used to8

improve access to airports for passengers and air-9

port and airline personnel.

10(c) REPORT.—Upon completion of the study con-

11 ducted under subsection (a), the Comptroller General shall
12 submit to the appropriate committees of Congress a report
13 on such study.
14(d)

TRANSPORTATION

DEMAND

MANAGEMENT

15 STRATEGY DEFINED.—In this section, the term ‘‘trans16 portation demand management strategy’’ means the use
17 of planning, programs, policy, marketing, communica18 tions, incentives, pricing, data, and technology to optimize
19 travel modes, routes used, departure times, and number
20 of trips.
21
22

SEC. 737. COASTAL AIRPORTS ASSESSMENT.

(a) IN GENERAL.—Not later than 2 years after the

23 date of enactment of this Act, the Administrator, in co24 ordination with the Chief of Engineers and Commanding
25 General of the United States Army Corps of Engineers,MUR24306 DVY

S.L.C.

662
1 and the Administrator of the National Oceanic and At2 mospheric Administration, shall initiate an assessment on
3 the resiliency of airports in coastal or flood-prone areas
4 of the United States.
5(b) CONTENTS.—The assessment required under sub-

6 section (a) shall—
7(1) examine the impact of hazardous weather

8

and other environmental factors that pose risks to

9

airports in coastal or flood-prone areas; and

10(2) identify and evaluate initiatives and best

11

practices to prevent and mitigate the impacts of fac-

12

tors described in paragraph (1) on airports in coast-13

al or flood-prone areas.

14(c) REPORT.—Upon completion of the assessment,

15 the Administrator shall submit to the appropriate commit16 tees of Congress and the Committee on Science, Space,
17 and Technology of the House of Representatives a report
18 on—
19
20(1) the results of the assessment required undersubsection (a); and21(2) recommendations for legislative or adminis-

22

trative action to improve the resiliency of airports in23

coastal or flood-prone areas in the United States.

MUR24306 DVY

S.L.C.

663
1

SEC. 738. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.

2

Section 47134(b) of title 49, United States Code, is

3 amended by adding at the end the following:
4‘‘(4) BENEFIT-COST ANALYSIS.—

5‘‘(A) IN GENERAL.—Prior to approving an

6application submitted under subsection (a), the7Secretary may require a benefit-cost analysis.

8‘‘(B) FINDING.—If a benefit-cost analysis

9

is required, the Secretary shall issue a prelimi-

10nary and conditional finding, which shall—

11‘‘(i) be issued not later than 60 days

12

after the date on which the sponsor sub-13

mits all information required by the Sec-

14

retary;15‘‘(ii) be based upon a collaborative re-16view process that includes the sponsor or a17

representative of the sponsor;

18‘‘(iii) not constitute the issuance of a19

Federal grant or obligation to issue a20

grant under this chapter or other provision

21of law; and22‘‘(iv) not constitute any other obliga-

23

tion on the part of the Federal Govern-

24

ment until the conditions specified in the

25

final benefit-cost analysis are met.’’.

MUR24306 DVY

S.L.C.

664
1

SEC. 739. SPECIAL RULE FOR RECLASSIFICATION OF CER-

2

TAIN UNCLASSIFIED AIRPORTS.

3(a) REQUEST FOR RECLASSIFICATION.—

4(1) IN GENERAL.—Not later than September

530, 2024, a privately owned reliever airport (as such6

term is defined in section 47102 of title 49, United

7

States Code) that is identified as unclassified in the8

National Plan of Integrated Airport Systems of the9

FAA titled ‘‘National Plan of Integrated Airport

10

Systems (NPIAS) 2023–2027’’, published on Sep-

11

tember 30, 2022 may submit to the Secretary a re-12quest to reclassify the airport according to the cri-

13

teria used to classify a publicly owned airport.

14(2) REQUIRED INFORMATION.—In submitting a15

request under paragraph (1), a privately owned re-16

liever airport shall include the following information:

17(A) A sworn statement and accompanying

18

documentation that demonstrates how the air-19

port would satisfy the requirements of FAA

20

Order 5090.5, titled ‘‘Formulation of the21

NPIAS and ACIP’’ (or any successor guid-

22ance), to be classified as ‘‘Local’’ or ‘‘Basic’’ if

23

the airport was publicly owned.

24(B) A report that—2526(i) identifies the role of the airport tothe aviation system; andMUR24306 DVY

S.L.C.

665
1(ii) describes the long-term fiscal via-

2

bility of the airport based on demonstrated

3

aeronautical activity and associated reve-

4nues relative to ongoing operating and5

maintenance costs.

6(b) ELIGIBILITY REVIEW.—

7(1) IN GENERAL.—Not later than 60 days after8

receiving a request from a privately owned reliever

9

airport under subsection (a), the Secretary shall per-10

form an eligibility review with respect to the airport,

11

including an assessment of the safety, security, ca-

12pacity, access, compliance with Federal grant assur-

13

ances, and protection of natural resources of the air-14

port and the quality of the environment, as pre-15

scribed by the Secretary.

1617(2) PUBLIC SPONSOR.—In performing the eligibility review under paragraph (1), the Secretary—

18(A) may require the airport requesting re-19

classification to provide information regarding20

the outlook (whether positive or negative) for21

obtaining a public sponsor; and

22
23
24

(B) may not require the airport to obtaina public sponsor.
(c) RECLASSIFICATION BY SECRETARY.—MUR24306 DVY

S.L.C.

666
1(1) IN GENERAL.—Not later than 60 days after2

receiving a request from a privately owned reliever

3

airport under subsection (a)(1), the Secretary shall4

grant such request if the following criteria are met:

5(A) The request includes the required in-

6
7
8
9
10
11
12

formation under subsection (a)(2).
(B) The privately owned reliever airport, tothe satisfaction of the Secretary—(i) passes the eligibility review performed under subsection (b); or(ii) submits a corrective action plan inaccordance with paragraph (2).

13(2) CORRECTIVE ACTION PLAN.—With respect

14

to a privately owned reliever airport that does not,15

to the satisfaction of the Secretary, pass the eligi-

16bility review performed under subsection (b), the17Secretary shall provide notice of disapproval to such

18

airport not later than 60 days after receiving the re-19quest under subsection (a)(1), and such airport may

20

resubmit to the Secretary a reclassification request

21

along with a corrective action plan that—

22
23
24
25

(A) resolves any shortcomings identified insuch eligibility review; and(B) proves that any necessary corrective
action has been completed by the airport.

MUR24306 DVY

S.L.C.

6671(d) EFFECTIVE DATE.—The reclassification of any

2 privately owned reliever airport under this section shall
3 take effect not later than—
45(1) October 1, 2025, for any request granted
under subsection (c)(1); and6(2) October 1, 2026, for any request granted

7

after the submission of a corrective action plan8

under subsection (c)(2).

9
10
11

SEC. 740. PERMANENT SOLAR POWERED TAXIWAY EDGE
LIGHTING SYSTEMS.

Not later than 2 years after the date of enactment

12 of this Act, the Administrator shall produce an engineer13 ing brief that describes the acceptable use of permanent
14 solar powered taxiway edge lighting systems at regional,
15 local, and basic general aviation airports (as categorized
16 in the most recent National Plan of Integrated Airport
17 Systems of the FAA titled ‘‘National Plan of Integrated
18 Airport Systems (NPIAS) 2023–2027’’, published on Sep19 tember 30, 2022).
20
21SEC. 741. SECONDARY RUNWAYS.

In approving grants for projects with funds made22 available pursuant to title VIII of division J of the Infra23 structure Investment and Jobs Act (Public Law 117–58)
24 under the heading ‘‘Federal Aviation Administration—
25 Airport Infrastructure Grants’’, the Administrator shallMUR24306 DVY

S.L.C.

668
1 consider permitting a nonhub or small hub airport to use
2 such funds to extend secondary runways, notwithstanding
3 the level of operational activity at such airport.
4

SEC. 742. INCREASING ENERGY EFFICIENCY OF AIRPORTS

5

AND MEETING CURRENT AND FUTURE EN-

6

ERGY POWER DEMANDS.

7(a) IN GENERAL.—Section 47140 of title 49, United

8 States Code, is amended to read as follows:
9 ‘‘§ 47140. Meeting current and future energy power
10
11

demand‘‘(a) IN GENERAL.—The Secretary of Transportation

12 shall establish a program under which the Secretary
13 shall—
14
15
16
17
18
19

‘‘(1) encourage the sponsor of each public-use
airport to—‘‘(A) conduct airport planning that assesses the airport’s—‘‘(i) current and future energy power
requirements, including—20‘‘(I) heating and cooling;

21‘‘(II) on-road airport vehicles and22

ground support equipment;

23‘‘(III) gate electrification;

24‘‘(IV) electric aircraft charging;

25

and

MUR24306 DVY

S.L.C.

6691‘‘(V) vehicles and equipment used2

to transport passengers and employees

3

between the airport and—4‘‘(aa) nearby facilities owned

5

or controlled by the airport or6

which otherwise directly support

7

the functions or services provided

8by the airport; or

9‘‘(bb) an intermodal surface

10transportation facility adjacent to11

the airport; and12‘‘(ii) existing energy infrastructure

13

condition, location, and capacity, including

14base load and backup power, to meet the15

current and future electrical power demand16

as identified in this subparagraph; and17‘‘(B) conduct airport development to im-

18

prove energy efficiency, increase peak load sav-

19

ings at the airport, and meet future electrical

20

power demands as identified in subparagraph21(A); and22‘‘(2) reimburse the airport sponsor for the costs

23

incurred in conducting the assessment under para-

24

graph (1)(A).

MUR24306 DVY

S.L.C.

670‘‘(b) GRANTS.—The Secretary shall make grants to

1

2 airport sponsors from amounts made available under sec3 tion 48103 to assist such sponsors that have completed
4 the assessment described in subsection (a)(1)—‘‘(1) to acquire or construct equipment that will

5

improve energy efficiency at the airport; and6‘‘(2) to pursue an airport development project7
8

described in subsection (a)(1)(B).

9‘‘(c) APPLICATION.—To be eligible for a grant under

10 paragraph (1), the sponsor of a public-use airport shall
11 submit an application, including a certification that no
12 safety projects are being deferred by requesting a grant
13 under this section, to the Secretary at such time, in such
14 manner, and containing such information as the Secretary
15 may require.’’.
(b) CLERICAL AMENDMENT.—The analysis for chap-

16

17 ter 471 of title 49, United States Code, is amended by
18 striking the item relating to section 47140 and inserting
19 the following:‘‘47140. Meeting current and future energy power demand.’’.

20

SEC. 743. REVIEW OF AIRPORT LAYOUT PLANS.

21(a) IN GENERAL.—Section 163 of the FAA Reau-

22 thorization Act of 2018 (49 U.S.C. 47107 note) is amend23 ed—
2425(1) by striking subsection (a) and inserting thefollowing:MUR24306 DVY

S.L.C.

671
12‘‘(a) [Reserved].’’; and(2) by striking subsection (b) and inserting the3following:

4‘‘(b) [Reserved].’’.

5(b) AIRPORT LAYOUT PLAN APPROVAL AUTHOR-6

ITY.—Section 47107 of title 49, United States Code, is

7 amended—
8910(1) in subsection (a)(16)—(A) by striking subparagraph (B) and inserting the following:

11‘‘(B) subject to subsection (x), the Sec-12

retary will review and approve or disapprove the13plan and any revision or modification of the

14plan before the plan, revision, or modification

15

takes effect;’’; and

16(B) in subparagraph (C)(i) by striking

17‘‘subparagraph (B)’’ and inserting ‘‘subsection

18(x)’’; and19(2) by adding at the end the following:

20‘‘(x) SCOPE OF AIRPORT LAYOUT PLAN REVIEW AND

21 APPROVAL AUTHORITY OF SECRETARY.—22‘‘(1) AUTHORITY OVER PROJECTS ON LAND AC-

23

QUIRED WITHOUT FEDERAL ASSISTANCE.—For pur-24

poses of subsection (a)(16)(B), with respect to any

25

project proposed on land acquired by an airport

MUR24306 DVY

S.L.C.

6721

owner or operator without Federal assistance, the2Secretary may review and approve or disapprove3

only the portions of the plan (or any subsequent re-4vision to the plan) that—

5‘‘(A) materially impact the safe and effi-

6

cient operation of aircraft at, to, or from the7

airport;8‘‘(B) adversely affect the safety of people

9

or property on the ground as a result of aircraft

10

operations; or‘‘(C) adversely affect the value of prior

11
12

Federal investments to a significant extent.

13‘‘(2) LIMITATION ON NON-AERONAUTICAL RE-

14

VIEW.—

15‘‘(A) IN GENERAL.—The Secretary may

16

not require an airport to seek approval for (in-17cluding in the submission of an airport layout

18plan), or directly or indirectly regulate or place19

conditions on (including through any grant as-

20

surance), any project that is not subject to21paragraph (1).

22‘‘(B) REVIEWANDAPPROVALAUTHOR-

23

ITY.—If only a portion of a project proposed by24

an airport owner or operator is subject to the25

review and approval of the Secretary under sub-

MUR24306 DVY

S.L.C.

673
1

section (a)(16)(B), the Secretary shall not ex-

2

tend review and approval authority to other3

non-aeronautical portions of the project.

4‘‘(3) NOTICE.—

5‘‘(A) IN GENERAL.—An airport owner or

6operator shall submit to the Secretary a notice7

of intent to proceed with a proposed project (or8a portion thereof) that is outside of the review

9and approval authority of the Secretary, as de-10

scribed in this subsection, if the project was not

11

on the most recently submitted airport layout

12plan of the airport.

13‘‘(B) FAILURE TO OBJECT.—If not later

14

than 45 days after receiving the notice of intent

15

described in subparagraph (A), the Secretary16

fails to object to such notice, the proposed

17

project (or portion thereof) shall be deemed as

18

being outside the scope of the review and ap-

19

proval authority of the Secretary under sub-20

section (a)(16)(B).’’.

21
22
23

SEC. 744. PROTECTION OF SAFE AND EFFICIENT USE OF
AIRSPACE AT AIRPORTS.

(a) AIRSPACE REVIEW PROCESS REQUIREMENTS.—

24 The Administrator shall consider the following additional
25 factors in the evaluation of cumulative impacts when mak-

MUR24306 DVY

S.L.C.

674
1 ing a determination of hazard or no hazard, or objection
2 or no objection, as applicable, under part 77 of title 14,
3 Code of Federal Regulations, regarding proposed con4 struction or alteration within 3 miles of the runway ends
5 and runway centerlines (as depicted in the FAA-approved
6 Airport Layout Plan of the airport) on any land not owned
7 by any such airport:
8(1) The accumulation and spacing of structures9

or other obstructions that might constrain radar or

10communication capabilities, thereby reducing the ca-

11pacity of an airport, flight procedure minimums or12availability, or aircraft takeoff or landing capabili-

13

ties.

14

(2) Safety risks of lasers, lights, or light15

sources, inclusive of lighted billboards and screens,

16

affixed to structures, that may pose hazards to air

17navigation.

18

(3)

19

Water

featuresor

hazardous

wildlife

attractants, as defined by the Administrator.

20(4) Impacts to visual flight rule traffic patterns

21

for both fixed and rotary wing aircraft, inclusive of

22

special visual flight rule procedures established by

23

Letters of Agreement between air traffic facilities,

24

the airport, and flight operators.

MUR24306 DVY

S.L.C.

675
1(5) Impacts to FAA-funded airport improve-2

ment projects, improvements depicted on or de-3

scribed in FAA-approved Airport Layout Plans and4master plans, and preservation of the navigable air-5

space necessary for achieving the objectives and uti-

6

lization of the projects and plans.

7(b) REQUIRED INFORMATION.—A notice submitted

8 under part 77 of title 14, Code of Federal Regulations,
9 shall include the following:
10(1) Actual designs of an entire project and11

property, without regard to whether a proposed con-12

struction or alteration within 3 miles of the end of13

a runway of an airport and runway centerlines as

14

depicted in the FAA-approved Airport Layout Plan

15of the airport is limited to a singular location on a16

property.

17(2) If there are any changes to such designs or18

addition of equipment, such as cranes used to con-19

struct a building, after submission of such a notice,20

all information included with the notice submitted

21

before such change or addition shall be resubmitted,

22

along with information regarding the change or ad-

23

dition.

24(c) EXPIRATION.—MUR24306 DVY

S.L.C.

676
1(1) IN GENERAL.—Unless extended, revised, or2

terminated, each determination of no hazard issued

3by the Administrator under part 77 of title 14, Code4of Federal Regulations, shall expire 18 months after5

the effective date of the determination, or on the

6date the proposed construction or alteration is aban-7

doned, whichever is earlier.

8

(2)

AFTER

EXPIRATION.—Determinations

9

under paragraph (1) are no longer valid with regard

10

to whether a proposed construction or alteration

11

would be a hazard to air navigation after such deter-

12

mination has expired.

13(d) AUTHORITY TO CONSOLIDATE OEI SURFACE

14 CRITERIA.—The Administrator may develop a single set
15 of One Engine Inoperative surface criteria that is specific
16 to an airport. The Administrator shall consult with the
17 airport operator and flight operators that use such airport,
18 on the development of such surface criteria.
19(e) DEVELOPMENT OF POLICIES TO PROTECT OEI20 SURFACES.—Not later than 6 months after the date of
21 enactment of this Act, the Administrator shall brief the
22 appropriate committees of Congress regarding the status
23 of the efforts of the FAA to protect One Engine Inoper24 ative surfaces from encroachment at United States certifi25 cated and federally obligated airports, including the cur-

MUR24306 DVY

S.L.C.

677
1 rent status of efforts to incorporate such protections into
2 FAA Obstruction Evaluation/Airport Airspace Analysis
3 processes.
4(f) AUTHORITY TO CONSULT WITH OTHER AGEN-

5

CIES.—The Administrator may consult with other Fed-

6 eral, State, or local agencies as necessary to carry out the
7 requirements of this section.
8(g) APPLICABILITY.—This section shall only apply to

9 an airport in a county adjacent to 2 States with con10 verging intersecting cross runway operations within 12
11 nautical miles of an Air Force base.
12

SEC. 745. ELECTRIC AIRCRAFT INFRASTRUCTURE PILOT

13
14

PROGRAM.

(a) IN GENERAL.—The Secretary may establish a

15 pilot program under which airport sponsors may use funds
16 made available under chapter 471 or section 48103 of title
17 49, United States Code, for use at up to 10 airports to
18 carry out—
19(1) activities associated with the acquisition, by

20

purchase or lease, operation, and installation of21

equipment to support the operations of electric air-22

craft, including interoperable electric vehicle charg-

23

ing equipment; and24(2) the construction or modification of infra-

25

structure to facilitate the delivery of power or serv-

MUR24306 DVY

S.L.C.

678
1

ices necessary for the use of electric aircraft, includ-

2

ing—

3

(A) on airport utility upgrades; and4(B) associated design costs.

5(b) ELIGIBILITY.—A public-use airport is eligible for

6 participation in the pilot program under this section if the
7 Secretary finds that funds made available under sub8 section (a) would support—
910(1) electric aircraft operators at such airport, or
using such airport; or

11(2) electric aircraft operators planning to oper-12

ate at such airport with an associated agreement in

13

place.

14(c) SUNSET.—The pilot program established under

15 subsection (a) shall terminate on October 1, 2028.
16
17SEC. 746. CURB MANAGEMENT PRACTICES.

Nothing in this Act shall be construed to prevent air-

18 ports from—19(1) engaging in curb management practices, in-20

cluding determining and assigning curb designations

21

and regulations;

22(2) installing and maintaining upon any of the23

roadways or parts of roadways as many curb zones

24

as necessary to aid in the regulation, control, and in-25

spection of passenger loading and unloading; orMUR24306 DVY

S.L.C.

6791(3) enforcing curb zones using sensor, camera,2

automated license plate recognition, and software

3

technologies and issuing citations by mail to the reg-4

istered owner of the vehicle.

56SEC. 747. NOTICE OF FUNDING OPPORTUNITY.

Notwithstanding part 200 of title 2, Code of Federal

7 Regulations, or any other provision of law, funds made8 available as part of the Airport Improvement Program
9 under subchapter I of chapter 471 or chapter 475 of title
10 49, United States Code, shall not be subject to any public
11 notice of funding opportunity requirement.
12
13

SEC. 748. RUNWAY SAFETY PROJECTS.

In awarding grants under section 47115 of title 49,

14 United States Code, for runway safety projects, the Ad15 ministrator shall, to the maximum extent practicable—
16
17
18
19
20
21

(1) reduce unnecessary or undesirable project
segmentation; and(2) complete the entire project in an expeditious
manner.
SEC. 749. AIRPORT DIAGRAM TERMINOLOGY.

(a) IN GENERAL.—The Administrator shall update

22 Airport Diagram Order JO 7910.4 and any related advi23 sory circulars, policy, and guidance to ensure the clear and24 consistent use of terms to delineate the types of parking
25 available to general aviation pilots.

MUR24306 DVY

S.L.C.

680
1(b) COLLABORATION.—In carrying out subsection

2 (a), the Administrator shall collaborate with industry
3 stakeholders, commercial service airports, and general
4 aviation airports in—
5
6
7
8
9
10

(1) facilitating basic standardization of generalaviation parking terms;(2) accounting for the majority of uses of general aviation parking terms; and(3) providing clarity for chart users.
(c) IAC SPECIFICATIONS.—The Administrator shall

11 encourage the Interagency Air Committee to incorporate
12 the terms developed pursuant to subsection (a) in publica13 tions produced by the Committee.
14

SEC. 750. GAO STUDY ON FEE TRANSPARENCY BY FIXED

15
16

BASED OPERATORS.

(a) IN GENERAL.—The Comptroller General shall17 conduct a study reviewing the efforts of fixed based opera18 tors to meet their commitments to improve the online
19 transparency of prices and fees for all aircraft and enhanc20 ing the customer experience for general and business avia21 tion users.
22(b) CONTENTS.—In conducting the study described

23 in subsection (a), the Comptroller General, at a minimum,
24 should evaluate the fixed based operator industry commit-

MUR24306 DVY

S.L.C.

681
1 ment to ‘‘Know Before You Go’’ best business practices
2 including—3(1) fixed based operators provisions for all gen-4eral aviation and business aircraft types regarding a5

description of available services and a listing of ap-

6

plicable retail fuel prices, fees, and charges;

7(2) the accessibility of fees and charges de-8

scribed in paragraph (1) to aircraft operators on-line

9

and in a user-friendly manner and with sufficient

10

clarity that a pilot operating a particular aircraft

11

type can determine what will be charged;

12(3) efforts by fixed based operators to invite

13

and encourage customers to contact them so that

14

operators can ask questions, know any options, and15

make informed decisions; and16(4) any practices imposed by an airport oper-

17

ator that prevent fixed based operators from fully

18

disclosing fees and charges.

19(c) REPORT REQUIRED.—Not later than 18 months

20 after the date of enactment of this Act, the Comptroller
21 General shall submit to the appropriate committees of
22 Congress a report containing the results of the review re23 quired under this section.

MUR24306 DVY

S.L.C.

682
1
2
3

SEC. 751. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

Section 157(b)(2) of the FAA Reauthorization Act of

4 2018 (49 U.S.C. 47113 note) is amended by adding at
5 the end the following:
6‘‘(D) PUBLISHING DATA.—The Secretary

7of Transportation shall report on a publicly ac-

8

cessible website the uniform report of DBE

9awards/commitments and payments specified in

10part 26 of title 49, Code of Federal Regula-

11

tions, and the uniform report of ACDBE Par-

12

ticipation for non-car rental and car rental con-13

cessions, for each airport sponsor beginning

14

with fiscal year 2025.’’.

15
16
17

SEC. 752. PROHIBITION ON CERTAIN RUNWAY LENGTH REQUIREMENTS.

Notwithstanding any other provision of law, the Sec-

18 retary may not require an airport to shorten the length
19 or width of the runway, apron, or taxiway of the airport
20 as a condition for the receipt of federal financial assistance
21 if the airport directly supports a base of the United States
22 Air Force or the Air National Guard at the airport, re23 gardless of the stationing of military aircraft.
24
25

SEC. 753. REPORT ON INDO-PACIFIC AIRPORTS.

The Administrator, in consultation with the Secretary

26 of State, shall submit to Congress a report on airports

MUR24306 DVY

S.L.C.

683
1 of strategic importance in the Indo-Pacific region that in2 cludes each of the following:
3(1) An identification of airports and air routes

4

critical to national security, defense operations,5

emergency response, and continuity of government

6

activities.

7(2) An assessment of the economic impact and8contribution of airports and air routes to national9

and regional economies.

10(3) An evaluation of the connectivity and acces-

11

sibility of airports and air routes, including their im-

12

portance in supporting domestic and international

13

travel, trade, and tourism.

14(4) An analysis of infrastructure and techno-

15

logical requirements necessary to maintain and en-16

hance the strategic importance of identified airports

17

and air routes.

18(5) An identification of potential vulnerabilities,

19

risks, and challenges faced by airports and air

20routes of strategic importance, including cybersecu-

21

rity

22

vulnerabilities.

threatsandphysicalinfrastructure23(6) Any recommendations for improving the se-24

curity, resilience, and efficiency of the identified air-MUR24306 DVY

S.L.C.

6841

ports and air routes, including potential infrastruc-2

ture investments and policy changes.

3SEC. 754. GAO STUDY ON IMPLEMENTATION OF GRANTS AT

45

CERTAIN AIRPORTS.

The Comptroller General shall conduct a study on the

6 implementation of grants provided to airports located in
7 the Republic of the Marshall Islands, Federated States of
8 Micronesia, and Republic of Palau under section 47115(i)9 of title 49, United States Code and submit to the appro10 priate committees of Congress a report on the results of
11 such study.
12
13

SEC. 755. GAO STUDY ON TRANSIT ACCESS.

(a) IN GENERAL.—Not later than 18 months after

14 the date of enactment of this Act, the Comptroller General
15 shall conduct a study on transit access to airports and
16 submit to the appropriate committees of Congress a report
17 on the results of such study.
18(b) CONTENTS.—In carrying out the study under

19 subsection (a), the Comptroller General shall review public
20 transportation access to commercial service airports
21 throughout the United States, including accessibility and22 other potential barriers for individuals.
23
24

SEC. 756. BANNING MUNICIPAL AIRPORT.

(a) IN GENERAL.—Not later than 90 days after the

25 date of enactment of this Act, the Comptroller GeneralMUR24306 DVY

S.L.C.

685
1 shall initiate a study on the Banning Municipal Airport
2 to identify—
3(1) aviation traffic at the Airport in each of the4

10 years preceding the study, and estimated future5

traffic each year in the 10 years following the study;

6(2) associated annual revenues and costs in

7

each year to service aviation traffic during the 10

8years preceding the study, and to continue to service

9

the airport for another 10 years;

10(3) use of the facility for fighting wildfires and11

the degree of the utility of the facility to the local

12

county fire department or other emergency first re-13

sponders;

14(4) status of the current infrastructure and15planned improvements of the airport as of the date16of the study, if any, and during the 5 years following

17

the study and the associated costs of such improve-18

ments;

19(5) perspectives of and impact on the Morongo

20Band of Indians resulting from operation of the air-21

port near Tribal lands; and

22(6) Federal funds that would be required to23

modernize the infrastructure of the airport to assure24

no annual operating financial losses for the 10 years

25

following the study.

MUR24306 DVY

S.L.C.

686
1(b) REPORT TO CONGRESS.—Not later than 1 year

2 after the date of enactment of this Act, the Comptroller
3 General shall submit to the appropriate committees of
4 Congress a report on the results of the study.
5

SEC. 757. DISPUTED CHANGES OF SPONSORSHIP AT FEDER-

6ALLY OBLIGATED, PUBLICLY OWNED AIR-

7

PORT.

8

(a) APPROVAL AUTHORITY.—

9(1) IN GENERAL.—Subject to paragraph (2), in10

the case of a disputed change of airport sponsorship,11

the Administrator shall have the sole legal authority

12

to approve any change in the sponsorship of, or

13

operational responsibility for, the airport from the14

airport sponsor of record to another public or pri-

15

vate entity.

16(2) EXCLUSION.—This section shall not apply

17

to a change of sponsorship or ownership of a pri-

18

vately-owned airport, a transfer under the Airport

19

Investment Partnership Program, a change when20

the Federal Government exercises a right of re-21

verter, or a change that is not disputed.

22(b) CONDITIONS FOR APPROVAL.—

23(1) IN GENERAL.—Subject to paragraphs (2)24

and (3), the Administrator shall not approve any

MUR24306 DVY

S.L.C.

687
1

disputed change of airport sponsorship unless the2Administrator receives—

3(A) written documentation from the air-4

port sponsor of record consenting to the change

5in sponsorship or operation;

678(B) notice of a final, non-reviewable judicial decision requiring such change; or(C) notice of a legally-binding agreement

9

between the parties involved.

10(2) PENDING JUDICIAL REVIEW.—The Adminis-

11

trator may not evaluate or approve a disputed

12change of airport sponsorship where a legal dispute13

is pending before a court of competent jurisdiction.

14(3) TECHNICAL ASSISTANCE.—

15(A) IN GENERAL.—Any State or local leg-16

islative body or public agency considering

17

whether to take an action (including by drafting18

legislation) that would impact the ownership,

19

sponsorship, governance, or operations of a fed-

20

erally obligated, publicly owned airport may re-21quest from the Administrator, at any point in22

the deliberative process—2324(i) technical assistance regarding theinterrelationshipbetweenFederalandMUR24306 DVY

S.L.C.

688
1

State or local requirements applicable to2

any such action; and(ii) review and comment on such ac-

3
4

tion.

5

(B) FAILURE TO SEEK TECHNICAL ASSIST-

6

ANCE.—The Administrator may deny a change

7in the ownership, sponsorship, or governance of,8or operational responsibility for, a federally ob-

9ligated, publicly owned airport if a State or

10

local legislative body or public agency does not

11

seek technical assistance under subparagraph

12(A) with respect to such change.

13(c) FINAL DECISION AUTHORITY.—In addition to the

14 conditions outlined in subsection (b), the Administrator
15 shall independently determine whether the proposed spon16 sor or operator is able to satisfy Federal requirements for
17 airport sponsorship or operation and shall ensure, by re18 quiring whatever terms and conditions the Administrator
19 determines necessary, that any change in the ownership,
20 sponsorship, or governance of, or operational responsibility
21 for, a federally obligated, publicly owned airport is con22 sistent with existing Federal law, regulations, existing
23 grant assurances, and Federal land conveyance obliga24 tions.

MUR24306 DVY

S.L.C.

689
1(d) DEFINITION OF DISPUTED CHANGE OF AIRPORT2 SPONSORSHIP.—In this section, the term ‘‘disputed
3 change of airport sponsorship’’ means any action that
4 seeks to change the ownership, sponsorship, or governance
5 of, or operational responsibility for, a federally obligated,
6 publicly owned airport, including any such change directed
7 by judicial action or State or local legislative action, where
8 the airport sponsor of record initially does not consent to
9 such change.
10
11
12

SEC. 758. PROCUREMENT REGULATIONS APPLICABLE TO
FAA MULTIMODAL PROJECTS.

(a) IN GENERAL.—Any multimodal airport develop-

13 ment project that uses grant funding from funds made14 available to the Administrator to carry out subchapter I
15 of chapter 471 of title 49, United States Code, or airport
16 infrastructure projects under the Infrastructure Invest17 ment and Jobs Act (Public Law 117–58) shall abide by
18 the procurement regulations applicable to—19(1) the FAA; and20(2) subject to subsection (b), the component of21

the project relating to transit, highway, or rail, re-22spectively.

23(b) MULTIPLE COMPONENT PROJECTS.—In the case

24 of a multimodal airport development project described in
25 subsection (a) that involves more than 1 component de-MUR24306 DVY

S.L.C.

690
1 scribed in paragraph (2) of such subsection, such project
2 shall only be required to apply the procurement regula3 tions applicable to the component where the greatest
4 amount of Federal financial assistance will be expended.
5

SEC. 759. BUCKEYE 940 RELEASE OF DEED RESTRICTIONS.

6(a) PURPOSE.—The purpose of this section is to au-

7 thorize the Secretary to issue a Deed of Release from all
8 terms, conditions, reservations, restrictions, and obliga9 tions contained in the Quitclaim Deed and to permit the
10 State of Arizona to deposit all proceeds of the disposition
11 of Buckeye 940 in the appropriate fund for the benefit
12 of the beneficiaries of the Arizona State Land Trust.
1314(b) RELEASE OF ANY AND ALL INTEREST IN BUCKEYE 940.—

15(1) IN GENERAL.—Notwithstanding any other16

provision of law, the United States, acting through17

the Secretary, shall issue to the State of Arizona a18

Deed of Release to release all terms, conditions, res-19

ervations, restrictions, and obligations contained in20

the Quitclaim Deed, including any and all rever-21

sionary interest of the United States in Buckeye

22

940.

23

(2) TERMS AND CONDITIONS.—The Deed of

24

Release described in paragraph (1) shall be subject

25

to such additional terms and conditions, consistentMUR24306 DVY

S.L.C.

691
1

with such paragraph, as the Secretary considers ap-

2

propriate to protect the interests of the United

3

States.

4(3) NO RESTRICTION ON USE OF PROCEEDS.—

5

Notwithstanding any other provision of law, the6State of Arizona may dispose of Buckeye 940 and7

any proceeds thereof, including proceeds already col-8

lected by the State and held in a suspense account,9

without regard to any restriction imposed by the10

Quitclaim Deed or by section 155.7 of title 14, Code11

of Federal Regulations.

12(4) MINERAL RESERVATION.—The Deed of Re-

13lease described in paragraph (1) shall include the re-14lease of all interests of the United States to the min-15

eral rights on Buckeye 940 included in the Quit-

16

claim Deed.

17(c) DEFINITIONS.—In this section:

18(1) BUCKEYE 940.—The term ‘‘Buckeye 940’’

19means all of section 12, T.1 N., R.3 W. and all of

20

adjoining fractional section 7, T.1 N., R.2 W., Gila

21

and Salt River Meridian, Arizona, which property

22

was the subject of the Quitclaim Deed between the23

United States and the State of Arizona, dated July

24

11, 1949, and which is currently owned by the StateMUR24306 DVY

S.L.C.

692
1

of Arizona and held in trust for the beneficiaries of2

the Arizona State Land Trust.

3(2) QUITCLAIM DEED.—The term ‘‘Quitclaim

4Deed’’ means the Quitclaim Deed between the5United States and the State of Arizona, dated July

611, 1949.

789SEC. 760. WASHINGTON, DC METROPOLITAN AREA SPECIAL
FLIGHT RULES AREA.

(a) SUBMISSION

OF

STUDY

TO

CONGRESS.—Not

10 later than 1 year after the date of enactment of this Act,11 the Administrator, in consultation with the Secretary of
12 Homeland Security and the Secretary of Defense, shall
13 submit to the Committee on Commerce, Science, and14 Transportation and the Committee on Homeland Security
15 and Governmental Affairs of the Senate and the Com16 mittee on Transportation and Infrastructure and the
17 Committee on Homeland Security of the House of Rep18 resentatives a study on the Special Flight Rules Area and19 the Flight Restricted Zone under subpart V of part 93
20 of title 14, Code of Federal Regulations.
21(b) CONTENTS OF STUDY.—In carrying out the study

22 under subsection (a), the Administrator shall assess spe23 cific proposed changes to the Special Flight Rules Area
24 and the Flight Restricted Zone that will decrease oper25 ational impacts and improve general aviation access to air-MUR24306 DVY

S.L.C.

693
1 ports in the National Capital Region that are currently
2 impacted by the Special Flight Rules Area and the Flight
3 Restricted Zone.
4(c) BRIEFING.—Not later than 180 days after the

5 date of enactment of this Act, the Administrator shall pro6 vide to the committees of Congress described in subsection
7 (a) a briefing on the feasibility (including any associated8 costs) of—
9(1) installing equipment that allows a pilot to

10communicate with air traffic control using a very

11

high frequency radio for the purposes of receiving an

12

instrument flight rules clearance, activating a DC

13

FRZ flight plan, or activating a DC SFRA flight14

plan (as applicable) at—

15
16(A) non-towered airports in the Flight Restricted Zone; and17(B) airports in the Special Flight Rules

18

Area that do not have the communications

19

equipment described in this paragraph;20(2) allowing a pilot approved by the Transpor-

21

tation Security Administration in accordance with22

section 1562.3 of title 49, Code of Federal Regula-

23

tions, to electronically file a DC FRZ flight plan or

24

instrument flight rules flight plan that departs from,MUR24306 DVY

S.L.C.

694
1

or arrives at, an airport in the Flight Restricted

2Zone; and3(3) allowing a pilot to electronically file a stand-4

ard very high frequency radio flight plan that de-5parts from, or arrives at, an airport in the Special

6

Flight Rules Area or Flight Restricted Zone.

7(d) DEFINITIONS.—In this section:

8(1) DC FRZ FLIGHT PLAN; DC SFRA FLIGHT

9

PLAN.—The terms ‘‘DC FRZ flight plan’’ and ‘‘DC

10

SFRA flight plan’’ have the meanings given such11

terms in section 93.335 of title 14, Code of Federal

12

Regulations.

13(2) STANDARD VFR FLIGHT PLAN.—The term

14‘‘standard VFR flight plan’’ means a VFR flight15

plan (as such term is described in section 91.153 of

16

title 14, Code of Federal Regulations) that includes

17

search and rescue services.

18

SEC. 761. STUDY ON AIR CARGO OPERATIONS IN PUERTO

19
20

RICO.

(a) IN GENERAL.—No later than 1 year after the

21 date of enactment of this Act, the Comptroller General
22 shall conduct a study on air cargo operations in Puerto
23 Rico.

MUR24306 DVY

S.L.C.

6951(b) CONTENTS.—In conducting the study required

2 under subsection (a), the Comptroller General shall ad3 dress the following:
4(1) The economic impact of waivers authorized

5by the Secretary related to air cargo operations in

6

Puerto Rico.

7(2) Recommendations for security measures

8

that may be necessary to support increased air cargo

9

operations in Puerto Rico.

1011(3) Potential need for additional staff to safely
accommodate additional air cargo operations.

12(4) Airport infrastructure improvements that13

may be needed in the 3 international airports lo-

14cated in Puerto Rico to support increased air cargo

15

operations.

16(5) Alternatives to increase private stakeholder

17

engagement and use of the 3 international airports

18

in Puerto Rico to attract increased air cargo oper-

19

ations.

20(6) Possible national benefits of increasing air

21

cargo operations in Puerto Rico.

22(c) REPORT.—Not later than 12 months after the

23 date of enactment of this Act, the Comptroller General
24 shall submit to the appropriate committees of Congress

MUR24306 DVY

S.L.C.

696
1 a report on the results of the study described in subsection
2 (a).
3

SEC. 762. PROGRESS REPORTS ON THE NATIONAL TRANSI-

4

TION PLAN RELATED TO A FLUORINE-FREE

5

FIREFIGHTING FOAM.

6(a) IN GENERAL.—Not later than 180 days after the

7 date of enactment of this Act, and every 180 days there8 after until the progress report termination date described
9 in subsection (c), the Administrator, in consultation with
10 the Administrator of the Environmental Protection Agen11 cy and the Secretary of Defense, shall submit to the ap12 propriate committees of Congress a progress report on the
13 development and implementation of a national transition
14 plan related to a fluorine-free firefighting foam that meets
15 the performance standards referenced in chapter 6 of the
16 advisory circular of the FAA titled ‘‘Aircraft Fire Extin17 guishing Agents’’, issued on July 8, 2004 (Advisory Cir18 cular 150/5210–6D) and is acceptable under section
19 139.319(l) of title 14, Code of Federal Regulations, for
20 use at part 139 airports.
21(b) REQUIRED INFORMATION.—Each progress report

22 under subsection (a) shall include the following:
23(1) An assessment of the progress made by the24

FAA with respect to providing part 139 airports

25

with—

MUR24306 DVY

S.L.C.

697
1(A) guidance from the Environmental Pro-2

tection Agency on acceptable environmental lim-3

its relating to fluorine-free firefighting foam;

4(B) guidance from the Department of De-

5fense on the transition of the Department of

6

Defense to a fluorine-free firefighting foam;

7(C) best practices for the decontamination

8of existing aircraft rescue and firefighting vehi-

9cles, systems, and other equipment used to de-

10ploy firefighting foam at part 139 airports; and11(D) timelines for the release of policy and12guidance relating to the development of imple-

13

mentation plans for part 139 airports to obtain

14

approved military specification products and15

firefighting personnel training.

16(2) A comprehensive list of the amount of aque-17

ous film-forming firefighting foam at each part 139

18

airport as of the date of the submission of the

19

progress report, including the amount of such fire-

20

fighting foam held in firefighting equipment and the21

number of gallons regularly kept in reserve at each22

such airport.

23(3) An assessment of the progress made by the24

FAA with respect to providing airports that are not25part 139 airports and local authorities with respon-MUR24306 DVY

S.L.C.

698
1

sibility for inspection and oversight with guidance2

described in subparagraphs (A) and (B) of para-

3graph (1) as such guidance relates to the use of flu-

4orine-free firefighting foam at such airports.

5(4) Any other information that the Adminis-

6

trator determines is appropriate.

7(c) PROGRESS REPORT TERMINATION DATE.—The

8 progress report termination date described in this sub9 section is the date on which the Administrator notifies the
10 appropriate committees of Congress that development and
11 implementation of the national transition plan described
12 in subsection (a) is complete.
13(d) PART 139 AIRPORT DEFINED.—In this section,

14 the term ‘‘part 139 airport’’ means an airport certified
15 under part 139 of title 14, Code of Federal Regulations.
16
17

SEC. 763. REPORT ON AIRPORT NOTIFICATIONS.

Not later than 2 years after the date of enactment

18 of this Act, the Administrator shall submit to the appro19 priate committees of Congress a report on the activities
20 of the FAA with respect to—21(1) collecting more accurate data in notices of22

construction, alteration, activation, and deactivation

23of airports as required under part 157 of title 14,

24

Code of Federal Regulations; andMUR24306 DVY

S.L.C.

699
1(2) making the database under part 157 of title

2

14, Code of Federal Regulations, more accurate and3

useful for aircraft operators, particularly for heli-

4

copter and rotary wing type aircraft operators.

5

SEC. 764. STUDY ON COMPETITION AND AIRPORT ACCESS.

6

Not later than 180 days after the date of enactment

7 of this Act, the Secretary shall brief the appropriate com8 mittees of Congress on—
9(1) specific actions the Secretary and the Ad-

10ministrator, using existing legal authority, can take11

to expand access for lower cost passenger air car-12

riers to capacity constrained airports in the United

13

States, including New York John F. Kennedy Inter-

14

national Airport, LaGuardia Airport, and Newark

15

Liberty International Airport; and16(2) any additional legal authority the Secretary17

and the Administrator require in order to make ad-18

ditional slots at New York John F. Kennedy Inter-

19

national Airport and LaGuardia Airport and runway

20

timings at Newark Liberty International Airport

21

available to lower cost passenger air carriers.

22
23

SEC. 765. REGIONAL AIRPORT CAPACITY STUDY.

(a) IN GENERAL.—Not later than 1 year after the

24 date of enactment of this Act, the Administrator shall ini25 tiate a study on the following:MUR24306 DVY

S.L.C.

700
1(1) Existing FAA policy and guidance that gov-2

ern the siting of new airports or the transition of3

general aviation airports to commercial service.

4(2) Ways that existing regulations and policies

5

could be streamlined to facilitate the development of

6

new airport capacity, particularly in high-demand air

7

travel regions looking to invest in new airport capac-

8

ity.

9

(3) Whether Federal funding sources (existing10

as of the date of enactment of this Act) that are au-

11thorized by the Secretary could be used for such

12

purposes.

13(4) Whether such Federal funding sources meet14

the needs of the national airspace system for adding

15

new airport capacity outside of the commercial serv-

16

ice airports in operation as of the date of enactment

17of this Act.

18(5) If such Federal funding sources are deter-

19

mined by the Administrator to be insufficient for the20

purposes described in this subsection, an estimate of21

the funding gap.

22(b) REPORT.—Not later than 30 months after the

23 date of enactment of this Act, the Administrator shall sub24 mit to the appropriate committees of Congress a report
25 on the results of the study conducted under subsection (a),MUR24306 DVY

S.L.C.

701
1 together with recommendations for such legislative or ad2 ministrative action as the Administrator determines ap3 propriate.
4(c) GUIDANCE.—Not later than 3 years after the date

5 of enactment of this Act, the Administrator shall, if appro6 priate, revise FAA guidance to incorporate the findings
7 of the study conducted under subsection (a) to assist air8 ports and State and local departments of transportation
9 in increasing airport capacity to meet regional air travel
10 demand.
11
12
13

SEC. 766. STUDY ON AUTONOMOUS AND ELECTRIC-POWERED TRACK SYSTEMS.

(a) STUDY.—The Administrator may conduct a study

14 to determine the feasibility and economic viability of au15 tonomous or electric-powered track systems that—1617(1) are located underneath the pavement at an
airport; and18(2) allow a transport category aircraft to taxi

19

without the use of the main engines of the aircraft.

20(b) BRIEFING.—If the Administrator conducts a

21 study under subsection (a), the Administrator shall pro22 vide a briefing to the appropriate committees of Congress
23 on the results of such study.

MUR24306 DVY

S.L.C.

702
1

SEC. 767. PFAS-RELATED RESOURCES FOR AIRPORTS.

2(a) PFAS REPLACEMENT PROGRAM

3

FOR

AIR-

PORTS.—Not later than 90 days after the date of enact-

4 ment of this Act, the Secretary, in consultation with the
5 Administrator of the Environmental Protection Agency,
6 shall establish a program to reimburse sponsors of eligible
7 airports for the reasonable and appropriate costs incurred
8 after September 12, 2023, and associated with any of the
9 following:
10(1) The one-time initial acquisition by the spon-11

sor of an eligible airport of an approved fluorine-free

12

firefighting agent under Military Specification MIL-

13

PRE-32725, dated January 12, 2023, in a quantity

14

of—

15

(A) the capacity of all required aircraft

16

rescue and firefighting equipment listed in the17

most recent FAA-approved Airport Certification

18

Manual, regardless of how the equipment was

19

initially acquired; and

20(B) twice the quantity carried onboard

21

each required truck available in the fire station

22

for the eligible airport.

23

(2)

The

disposalofperfluoroalkyl

or24

polyfluoroalkyl products, including fluorinated aque-25

ous film-forming agents, to the extent such disposal

26

is necessary to facilitate the transition to such ap-

MUR24306 DVY

S.L.C.

703
1

proved fluorine-free firefighting agent, including

2

aqueous film-forming agents currently in firefighting

3

equipment and vehicles and any wastewater gen-4

erated during the cleaning of firefighting equipment

5and vehicles.

6(3) The cleaning or disposal of existing equip-

7

ment or components thereof, to the extent such8

cleaning or disposal is necessary to facilitate the9transition to such approved fluorine-free firefighting

10

agent.

11(4) The acquisition of any equipment, or com-12

ponents thereof, necessary to facilitate the transition13

to such approved fluorine-free firefighting agent.

14(5) The replacement of any aircraft rescue and15

firefighting equipment determined necessary to be

16

replaced by the Secretary.

17(b) DISTRIBUTION OF FUNDS.—

1819(1) GRANTS TO REPLACE AIRCRAFT RESCUEAND FIREFIGHTING VEHICLES.—

20(A) IN GENERAL.—Of the amounts made21

available to carry out the PFAS replacement

22

program, the Secretary shall reserve up to23$30,000,000 to make grants to each eligible

24

airport that is designated under part 139 as an

25

Index A airport and does not have existing ca-MUR24306 DVY

S.L.C.

7041

pabilities to produce fluorine-free firefighting

2

foam for the replacement of aircraft rescue and3

firefighting vehicles.

4(B) AMOUNT.—The maximum amount of a5

grant made under subparagraph (A) may not

6

exceed $2,000,000.

7(2) REMAINING AMOUNTS.—

8(A) DETERMINATION OF NEED.—With re-9spect to the amount of firefighting foam con-10

centrate required for foam production commen-

11

surate with applicable aircraft rescue and fire-

12

fighting equipment required in accordance with13

the most recent FAA-approved Airport Certifi-

14

cation Manual, the Secretary shall determine—

15(i) for each eligible airport, the total

16

amount of such concentrate required for all

17of the federally required aircraft rescue

18

and firefighting vehicles that meet index

19

requirements under part 139, in gallons;

20

and

21

(ii) for all eligible airports, the total

22

amount of firefighting foam concentrate, in23

gallons.

24

(B)

25

DETERMINATION

OF

GRANT

AMOUNTS.—The Secretary shall make a grantMUR24306 DVY

S.L.C.

705
1

to the sponsor of each eligible airport in an

2amount equal to the product of—3(i) the amount of funds made avail-4

able to carry out this section that remain

5available after the Secretary reserves the6amount described in paragraph (1); and7(ii) the ratio of the amount deter-

8

mined under subparagraph (A)(i) for such

9

eligible airport to the amount determined10

under subparagraph (A)(ii).

11(c) PROGRAM REQUIREMENTS.—

12(1) IN GENERAL.—The Secretary shall deter-

13

mine the eligibility of costs payable under the PFAS

14

replacement program by taking into account all en-

15

gineering, technical, and environmental protocols

16

and generally accepted industry standards that are17

developed or established for approved fluorine-free

18

firefighting foams.

19(2) COMPLIANCE WITH APPLICABLE LAW.—To

20

be eligible for reimbursement under the program es-

21

tablished under subsection (a), the sponsor of an eli-

22

gible airport shall carry out all actions related to the23

acquisition, disposal, and transition to approved flu-

24

orine-free firefighting foams, including the cleaning

25

and disposal of equipment, in full compliance with

MUR24306 DVY

S.L.C.

706
1

all applicable Federal laws in effect at the time of2

obligation of a grant under this section.

3(3) FEDERAL SHARE.—The Federal share of al-

4lowable costs under the PFAS replacement program

5

shall be 100 percent.

6(d) AUTHORIZATION OF APPROPRIATIONS.—

7(1) IN GENERAL.—There is authorized to be8

appropriated not more than $350,000,000 to carry

9

out the PFAS replacement program.

10(2) REQUIREMENTS.—Amounts made available

11

to carry out the PFAS replacement program shall—

12(A) remain available for expenditure for a13

period of 5 fiscal years; and

14(B) be available in addition to any other15

funding available for similar purposes under16

any other Federal, State, local, or Tribal pro-

17

gram.

18
19

(e) DEFINITIONS.—In this section:(1) ELIGIBLE

AIRPORT.—Theterm ‘‘eligible

20

airport’’ means an airport holding an Airport Oper-

21

ating Certificate issued under part 139.

2223(2) PART 139.—The term ‘‘part 139’’ meanspart 139 of title 14, Code of Federal Regulations.

MUR24306 DVY

S.L.C.

707
1(3) PFAS REPLACEMENT PROGRAM.—The term

2‘‘PFAS replacement program’’ means the program3

established under subsection (a).

4
5
6SEC. 768. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS.

(a) IN GENERAL.—Section 50101 of title 49, United

7 States Code, is amended—
8
9
10
11
12

(1) by striking ‘‘(except section 47127)’’ eachplace it appears; and(2) by adding at the end the following:‘‘(d) LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS.—

13‘‘(1) IN GENERAL.—Financial assistance made14

available under the provisions described in sub-15

section (a) shall not be used in awarding a contract

16

or subcontract to an entity on or after the date of17

enactment of this subsection for the procurement of18rolling stock for use in an airport-related project if

19

the manufacturer of the rolling stock—

2021‘‘(A) is incorporated in or has manufacturing facilities in the United States; and22‘‘(B) is owned or controlled by, is a sub-23

sidiary of, or is otherwise related legally or fi-

24nancially to a corporation based in a country

25

that—

MUR24306 DVY

S.L.C.

7081‘‘(i) is identified as a nonmarket econ-2

omy country (as defined in section 771(18)3of the Tariff Act of 1930 (19 U.S.C.

4

1677(18))) as of the date of enactment of

5

this subsection;

6‘‘(ii) was identified by the United

7

States Trade Representative in the most

8

recent report required by section 182 of

9

the Trade Act of 1974 (19 U.S.C. 2242)

10

as a foreign country included on the pri-

11

ority watch list defined in subsection (g)(3)12of that section; and13‘‘(iii) is subject to monitoring by the14

Trade Representative under section 306 of

15

the Trade Act of 1974 (19 U.S.C. 2416).

16‘‘(2) EXCEPTION.—

17‘‘(A) IN GENERAL.—For purposes of para-

18

graph (1), the term ‘otherwise related legally or

19

financially’ does not include—

2021‘‘(i) a minority relationship or investment; or22‘‘(ii) relationship with or investment

23

in a subsidiary, joint venture, or other en-

24

tity based in a country described in para-

25

graph (1)(B) that does not export rollingMUR24306 DVY

S.L.C.

709
1

stock or components of rolling stock for2

use in the United States.

3‘‘(B) CORPORATION BASED IN PEOPLE’S
CHINA.—Notwithstanding

sub-

4

REPUBLIC

5

paragraph (A)(i), for purposes of paragraph

6(1), the term ‘otherwise related legally or finan-

7

cially’ includes a minority relationship or invest-

8

ment if the relationship or investment involves

9

a corporation based in the People’s Republic of

10

China.

11‘‘(3) INTERNATIONAL AGREEMENTS.—This sub-12

section shall be applied in a manner consistent with13

the obligations of the United States under inter-

14

national agreements.

15‘‘(4) WAIVER.—

OF

16‘‘(A) IN GENERAL.—The Secretary may

17

waive the limitation described in paragraph (1)18using the criteria described in subsection (b).

19‘‘(B) NOTIFICATION.—Not later than 10

20days after issuing a waiver under subparagraph

21(A), the Secretary shall notify the Committee

22

on Transportation and Infrastructure of the

23

House of Representatives and the Committee

24

on Commerce, Science, and Transportation of25

the Senate.’’.

MUR24306 DVY

S.L.C.

710
1(b) CONFORMING AMENDMENTS.—(1) RESTRICTING CONTRACT AWARDS BECAUSE

2
3

OF

4

GOODS OR SERVICES.—Section

5

United States Code, is amended by striking ‘‘(except

6

section 47127)’’.

DISCRIMINATIONAGAINST

UNITED

STATES

50102 of title 49,

7(2) RESTRICTION ON AIRPORT PROJECTS USING

8PRODUCTS OR SERVICES OF FOREIGN COUNTRIES9DENYING FAIR MARKET OPPORTUNITIES.—Section

1050104(b) of title 49, United States Code, is amend-11

ed by striking ‘‘(except section 47127)’’.

12(3) FRAUDULENT USE OF MADE IN AMERICA

13

LABEL.—Section

14

Code, is amended by striking ‘‘(except section

1547127)’’.

16
17
18

50105 of title 49, United States

SEC. 769. MAINTAINING SAFE FIRE AND RESCUE STAFFINGLEVELS.

(a) UPDATE TO REGULATION.—The Administrator

19 shall update the regulations contained in section 139.319
20 of title 14, Code of Federal Regulations, to ensure that
21 paragraph (4) of such section provides that at least 1 indi22 vidual maintains certification at the emergency medical
23 technician basic level, or higher, at a small, medium, or
24 large hub airport.

MUR24306 DVY

S.L.C.

711
1(b) STAFFING REVIEW.—Not later than 2 years after

2 the date of enactment of this Act, the Administrator shall3 conduct a review of airport environments and related regu4 lations to evaluate sufficient staffing levels necessary for
5 firefighting, rescue, and emergency medical services and6 response at airports certified under part 139 of title 14,
7 Code of Federal Regulations.
8(c) REPORT.—Not later than 1 year after completing

9 the review under subsection (b), the Administrator shall
10 submit to the appropriate committees of Congress a report
11 containing the results of the review.
12
13

SEC. 770. GRANT ASSURANCES.

(a)

GENERALWRITTEN

ASSURANCES.—Section

14 47107(a) of title 49, United States Code, is amended—(1) in paragraph (20) by striking ‘‘and’’ at the

15
16
17
18

end;
(2) in paragraph (21) by striking the period at
the end and inserting ‘‘; and’’; and19(3) by adding at the end the following:

20‘‘(22) the airport owner or operator may not re-21

strict or prohibit the sale or self-fueling of any 100-22octane low lead aviation gasoline for purchase or use

23

by operators of general aviation aircraft if such avia-

24

tion gasoline was available at such airport at any

MUR24306 DVY

S.L.C.

712
1

time during calendar year 2022, until the earlier

2

of—

3

‘‘(A) December 31, 2030; or

4‘‘(B) the date on which the airport or any

5retail fuel seller at such airport makes available

6

an unleaded aviation gasoline that—7‘‘(i) has been authorized for use by

8

the Administrator of the Federal Aviation

9

Administration as a replacement for 100-10octane low lead aviation gasoline for use in

11nearly all piston-engine aircraft and engine

12models; and13‘‘(ii) meets either an industry con-14

sensus standard or other standard that fa-

15

cilitates the safe use, production, and dis-

16

tribution of such unleaded aviation gaso-

17line, as determined appropriate by the Ad-

18

ministrator.’’.

1920(b) CIVIL PENALTIES FOR GRANT ASSURANCES VIOLATIONS.—Section

46301(a) of title 49, United States

21 Code, is further amended—22(1) in paragraph (1)(A) by inserting ‘‘section

2347107(a)(22) (including any assurance made under

24

such section),’’ after ‘‘chapter 451,’’; and25(2) by adding at the end the following:MUR24306 DVY

S.L.C.

713
1‘‘(8) FAILURE TO CONTINUE OFFERING AVIATION

2 FUEL.—Notwithstanding paragraph (1), the maximum
3 civil penalty for a violation of section 47107(a)(22) (in4 cluding any assurance made under such section) com5 mitted by a person, including if the person is an individual
6 or a small business concern, shall be $5,000 for each day
7 that the person is in violation of that section.’’.
8
9SEC. 771. AVIATION FUEL IN ALASKA.

(a) IN GENERAL.—The Administrator may not re-

10 strict the continued use and availability of 100-octane low
11 lead aviation gas in the State of Alaska through December
12 31, 2034.
13(b) GAO REPORT ON TRANSITIONING TO UNLEADED

14 AVIATION GAS IN STATE OF ALASKA.—
1516(1) EVALUATION.—The Comptroller Generalshall conduct an evaluation of the following:

17(A) The aircraft, routes, and supply chains18

in the State of Alaska utilizing leaded aviation

19

gasoline, including identification of remote and20

rural communities that rely upon leaded avia-

21

tion gasoline.

22(B) The estimated costs and benefits of23

transitioning aircraft and the supply chain in24

the State of Alaska to aviation fuel that meets25

the requirements described in clauses (i) andMUR24306 DVY

S.L.C.

7141(ii) of section 47107(a)(22)(B) of title 49,

2

United States Code, as added by section 770,3

including direct costs of new aircraft and equip-

4

ment and indirect costs, including transpor-

5

tation from refineries to markets, foreign im-

6

ports, and changes in leaded aviation gasoline

7

prices as a result of reduced supply.

8(C) The programs of the Environmental

9

Protection Agency, the FAA, and other govern-

10

ment agencies that can be utilized to assist in-

11

dividuals, communities, industries, and the

12State of Alaska with the costs described in sub-13

paragraph (B).

14(D) A reasonable timeframe to permit any

15

limitation on 100-octane low-lead aviation gaso-

16line in the State of Alaska.

17(E) Other logistical considerations associ-18

ated with the transition described in subpara-

19

graph (B).

20(2) REPORT.—Not later than 3 years after the21

date of enactment of this Act, the Comptroller Gen-22

eral shall submit a report containing the results of23

the evaluation conducted under paragraph (1) to—24(A) the Committee on Commerce, Science,25

and Transportation of the Senate;MUR24306 DVY

S.L.C.

715(B) the Committee on Environment and1
2

Public Works of the Senate;3(C) the Committee on Transportation and

4

Infrastructure of the House of Representatives;

5

and

6

(D) the Committee on Energy and Com-7

merce of the House of Representatives.

89

Subtitle B—Passenger Facility
Charges10

SEC. 775. ADDITIONAL PERMITTED USES OF PASSENGER

11
12FACILITY CHARGE REVENUE.

Section 40117(a)(3) of title 49, United States Code,13 is amended by adding at the end the following:
14‘‘(H) A project at a small hub airport for15

a noise barrier where the day–night average

16

sound level from commercial, general aviation,17

or cargo operations is expected to exceed 55

18

decibels as a result of new airport development.

19‘‘(I) A project for the replacement of exist-

20

ing workspace elements (including any associ-21

ated in-kind facility or equipment within or im-

22

mediately adjacent to a terminal development or23renovation project at such airport) related to24

the relocation of a Federal agency on airport

25

grounds due to such terminal development orMUR24306 DVY

S.L.C.

716
1

renovation project for which development costs

2

are eligible costs under this section.’’.

3

SEC. 776. PASSENGER FACILITY CHARGE STREAMLINING.

4(a) IN GENERAL.—Section 40117 of title 49, United

5 States Code, is amended—67(1) in subsection (b)—(A) in paragraph (1)—8(i) by striking ‘‘The Secretary’’ and9inserting ‘‘Except as provided under sub-10

section (l), the Secretary’’; and(ii) by striking ‘‘$1, $2, or $3’’ and11
12inserting ‘‘$1, $2, $3, $4, or $4.50’’;

13(B) by striking paragraph (4);

14

(C)

by

redesignating

paragraphs

(5)

15

through (7) as paragraphs (4) through (6), re-16spectively;

17(D) in paragraph (5), as so redesignated—

18(i) by striking ‘‘paragraphs (1) and19(4)’’ and inserting ‘‘paragraph (1)’’; and(ii) by striking ‘‘paragraph (1) or (4)’’20
21

and inserting ‘‘paragraph (1)’’; and22(E) in paragraph (6)(A), as so redesig-

23

nated—

MUR24306 DVY

S.L.C.

717
1(i) by striking ‘‘paragraphs (1), (4),2and (6)’’ and inserting ‘‘paragraphs (1)3

and (5)’’; and(ii) by striking ‘‘paragraph (1) or (4)’’45
6and inserting ‘‘paragraph (1)’’;(2) in subsection (e)(1)—7(A) in subparagraph (A) by inserting ‘‘or8

a passenger facility charge imposition is author-

9

ized under subsection (l)’’ after ‘‘of this sec-

10

tion’’; and11(B) in subparagraph (B) by inserting ‘‘rea-12

sonable’’ after ‘‘subject to’’; and13(3) in subsection (l)—14(A) in the subsection heading, by striking

15‘‘Pilot Program for Passenger Facility

16

Charge Authorizations’’ and inserting

17‘‘PASSENGER

18

LINING’’;

19

FACILITY

CHARGESTREAM-(B) by striking paragraph (1) and insert-

20

ing the following:

21‘‘(1) IN GENERAL.—

22‘‘(A) REGULATIONS.—The Secretary shall23

prescribe regulations to streamline the process

24

for authorizing eligible agencies for airports to25

impose passenger facility charges.

MUR24306 DVY

S.L.C.

7181‘‘(B) PASSENGER FACILITY CHARGE.—An

2eligible agency may impose a passenger facility

3charge of $1, $2, $3, $4, or $4.50 in accord-

4

ance with the provisions of this subsection in-

5

stead of using the procedures otherwise pro-6

vided in this section.’’;7(C) by striking paragraph (4) and insert-

8

ing the following:

9‘‘(4) ACKNOWLEDGMENT OF RECEIPT AND IN-

10

DICATION OF OBJECTION.—

11‘‘(A) IN GENERAL.—The Secretary shall12

acknowledge receipt of the notice and indicate

13

any objection to the imposition of a passenger

14

facility charge under this subsection for any

15

project identified in the notice within 60 days

16

after receipt of the eligible agency’s notice.

17‘‘(B) PROHIBITED OBJECTION.—The Sec-18

retary may not object to an eligible airport-re-19

lated project that received Federal financial as-

20

sistance for airport development, terminal devel-

21

opment, airport planning, or for the purposes of22

noise compatibility, if the Federal financial as-

23

sistance and passenger facility charge collection

24(including interest and other returns on the rev-

MUR24306 DVY

S.L.C.

719
1enue) do not exceed the total cost of the

2

project.

3‘‘(C) ALLOWEDOBJECTION.—The

Sec-

4

retary may only object to the imposition of a5passenger facility charge under this subsection

6

for a project that—

7

‘‘(i)

8

precedent;

establishes

significant

policy9‘‘(ii) raises significant legal issues;

10‘‘(iii) garners significant controversy,

11

as evidenced by significant opposition to12

the proposed action by the applicant or

13other airport authorities, airport users,

14

governmental agencies, elected officials, or

15communities;

16‘‘(iv) raises significant revenue diver-

17

sion, airport noise, or access issues, includ-18

ing compliance with section 47111(e) or

19subchapter II of chapter 475;‘‘(v) includes multimodal components;

20
21
22

or
‘‘(vi) serves no aeronautical purpose.’’;23(D) by striking paragraph (6); and24(E) by redesignating paragraph (7) as

25

paragraph (6).

MUR24306 DVY

S.L.C.

720
1(b) RULEMAKING.—Not later than 120 days after the

2 date of enactment of this Act, the Administrator shall ini3 tiate a rulemaking to implement the amendments made4 by subsection (a).
5(c) INTERIM GUIDANCE.—The interim guidance es-

6 tablished in the memorandum of the FAA titled ‘‘PFC 737 20. Streamlined Procedures for Passenger Facility Charge
8 (PFC) Authorizations at Small-, Medium-, and Large9 Hub Airports’’, issued on January 22, 2020, including any
10 modification to such guidance necessary to conform with
11 the amendments made by subsection (a), shall remain in
12 effect until the effective date of the final rule issued under
13 subsection (b).

Subtitle C—Noise And Environ15
mental Programs And Stream16
lining14

17
18

SEC. 781. STREAMLINING CONSULTATION PROCESS.

Section 47101(h) of title 49, United States Code, is

19 amended by striking ‘‘shall’’ and inserting ‘‘may’’.
20

SEC. 782. REPEAL OF BURDENSOME EMISSIONS CREDIT RE-

21
22

QUIREMENTS.

Section 47139 of title 49, United States Code, is

23 amended—24(1) in subsection (a)—MUR24306 DVY

S.L.C.

721
12(A) in the matter preceding paragraph(1)—3(i) by striking ‘‘airport sponsors re-4

ceive’’ and inserting ‘‘airport sponsors may

5receive’’;6(ii) by striking ‘‘carrying out projects’’7

and inserting ‘‘carrying out projects, in-8

cluding projects’’; and(iii) by striking ‘‘conditions’’ and in-

910

serting ‘‘considerations’’; and11(B) in paragraph (2)—12(i) by striking ‘‘airport sponsor’’ and13

inserting ‘‘airport sponsor, including for an

14

airport outside of a nonattainment area,’’;15(ii) by striking ‘‘only’’;16(iii) by striking ‘‘or as offsets’’ and in-

17

serting ‘‘, as offsets’’; and18(iv) by striking the period at the end

19

and inserting ‘‘, or as part of a State im-20

plementation plan.’’;21(2) by striking subsection (b); and22(3) by redesignating subsection (c) as sub-23

section (b).

MUR24306 DVY

S.L.C.

722
1

SEC. 783. EXPEDITED ENVIRONMENTAL REVIEW AND ONE

2
3

FEDERAL DECISION.

Section 47171 of title 49, United States Code, is

4 amended—
5(1) in subsection (a)—(A) in the matter preceding paragraph

6
7

(1)—

8

(i) by striking ‘‘develop and’’; and9(ii) by striking ‘‘projects at congested

10

airports’’ and all that follows through11‘‘aviation security projects’’ and inserting

12‘‘projects, terminal development projects,

13

general aviation airport construction or im-

14

provement projects, and aviation safety

15

projects’’; and

16(B) in paragraph (1) by striking ‘‘better’’17

and inserting ‘‘streamlined’’;18(2) by striking subsection (b) and inserting the19following:

20‘‘(b) AVIATION PROJECTS SUBJECT TO A STREAM-

21

LINED ENVIRONMENTAL REVIEW PROCESS.—

22‘‘(1) IN GENERAL.—Any airport capacity en-23

hancement project, terminal development project, or

24

general aviation airport construction or improvement25

project shall be subject to the coordinated and expe-

MUR24306 DVY

S.L.C.

7231

dited environmental review process requirements set

2

forth in this section.

3‘‘(2) PROJECT DESIGNATION CRITERIA.—

4‘‘(A) IN GENERAL.—The Secretary may

5designate an aviation safety project for priority

6

environmental review.

7

‘‘(B)

REQUIREMENTS.—A

designated8

project shall be subject to the coordinated and

9expedited environmental review process require-

10

ments set forth in this section.

11‘‘(C) GUIDELINES.—

12‘‘(i) IN

GENERAL.—The

Secretary

13

shall establish guidelines for the designa-

14tion of an aviation safety project or avia-

15

tion security project for priority environ-16

mental review.

17‘‘(ii) CONSIDERATION.—Guidelines es-

18

tablished under clause (i) shall provide for

19

consideration of—2021‘‘(I) the importance or urgency ofthe project;

22‘‘(II) the potential for under-

23

taking the environmental review under24

existing emergency procedures underMUR24306 DVY

S.L.C.

724
1

the National Environmental Policy

2

Act of 1969 (42 U.S.C. 4321 et seq.);

3‘‘(III) the need for cooperation4and concurrent reviews by other Fed-5eral or State agencies; and6‘‘(IV) the prospect for undue

7

delay if the project is not designated8

for priority review.’’;

9(3) in subsection (c) by striking ‘‘an airport ca-

10pacity enhancement project at a congested airport or

11

a project designated under subsection (b)(3)’’ and12

inserting ‘‘a project described or designated under13

subsection (b)’’;14(4) in subsection (d) by striking ‘‘each airport

15

capacity enhancement project at a congested airport

16

or a project designated under subsection (b)(3)’’ and17

inserting ‘‘a project described or designated under18

subsection (b)’’;19(5) in subsection (h) by striking ‘‘designated20

under subsection (b)(3)’’ and all that follows

21

through ‘‘congested airports’’ and inserting ‘‘de-22

scribed in subsection (b)(1)’’;

23(6) in subsection (j)—2425(A) by striking ‘‘For any’’ and inserting
the following:MUR24306 DVY

S.L.C.

725‘‘(1) IN GENERAL.—For any’’; and12(B) by adding at the end the following:

3‘‘(2) DEADLINE.—The Secretary shall define4

the purpose and need of a project not later than 45

5days after—

6‘‘(A) the submission of the appropriately

7completed proposed purpose and need descrip-

8tion of the airport sponsor; and9‘‘(B) any appropriately completed proposed10

revision to a development project that affects

11

the purpose and need description previously

12

prepared or accepted by the Federal Aviation

13

Administration.

14‘‘(3) ASSISTANCE.—The Secretary shall provide

15

all airport sponsors with technical assistance in16

drafting purpose and need statements and necessary

17

supporting documentation for projects involving

18

Federal approvals from more than 1 Federal agen-19cy.’’;

20(7) in subsection (k)—21(A) by striking ‘‘an airport capacity en-22

hancement project at a congested airport or a

23

project designated under subsection (b)(3)’’ and24

inserting ‘‘a project described or designated25

under subsection (b)’’;MUR24306 DVY

S.L.C.

726(B) by striking ‘‘project shall consider’’12

and inserting the following: ‘‘project shall—

3‘‘(1) consider’’;(C) by striking the period at the end and45inserting ‘‘; and’’; and6(D) by adding at the end the following:

7‘‘(2) limit the comments of the agency to—‘‘(A) subject matter areas within the spe-

89cial expertise of the agency; and

10‘‘(B) changes necessary to ensure the11

agency is carrying out the obligations of that12

agency under the National Environmental Pol-13

icy Act of 1969 (42 U.S.C. 4321 et seq.) and14

other applicable law.’’;

15(8) in subsection (l) by striking the period at16

the end and inserting ‘‘and section 1503 of title 40,

17

Code of Federal Regulations.’’; and18(9) by striking subsection (m) and inserting the19following:

20‘‘(m) COORDINATION AND SCHEDULE.—

21‘‘(1) COORDINATION PLAN.—

22‘‘(A) IN

GENERAL.—Notlater than 90

23days after the date of publication of a notice of

24

intent to prepare an environmental impact

25

statement or the initiation of an environmental

MUR24306 DVY

S.L.C.

7271

assessment, the Secretary of Transportation

2

shall establish a plan for coordinating public

3

and agency participation in and comment on

4

the environmental review process for a project5

described or designated under subsection (b).

6

The coordination plan may be incorporated into7

a memorandum of understanding.
‘‘(B) CLOUD-BASED, INTERACTIVE DIGITAL

89PLATFORMS.—The

Secretary is encouraged to10

utilize cloud-based, interactive digital platforms

11

to meet community engagement and agency co-

12

ordination requirements under subparagraph

13

(A).

14

‘‘(C) SCHEDULE.—

15‘‘(i) IN

GENERAL.—The

Secretary

16

shall establish as part of such coordination

17

plan, after consultation with and the con-18

currence of each participating agency for19

the project and with the State in which the20

project is located (and, if the State is not21

the project sponsor, with the project spon-

22sor), a schedule for—23‘‘(I) interim milestones and dead-24

lines for agency activities necessary toMUR24306 DVY

S.L.C.

728
1

complete the environmental review;

2

and

3

‘‘(II) completion of the environ-4

mental review process for the project.

5‘‘(ii)

FACTORSFORCONSIDER-

6ATION.—In establishing the schedule under7

clause (i), the Secretary shall consider fac-

8

tors such as—9‘‘(I) the responsibilities of par-10

ticipating agencies under applicable

11

laws;

12
13
14
15

‘‘(II) resources available to thecooperating agencies;‘‘(III) overall size and complexityof the project;

16‘‘(IV) the overall time required17

by an agency to conduct an environ-18

mental review and make decisions

19

under applicable Federal law relating

20

to a project (including the issuance or21

denial of a permit or license) and the22cost of the project; and23‘‘(V) the sensitivity of the natural

24

and historic resources that could be

25

affected by the project.

MUR24306 DVY

S.L.C.

729
1‘‘(iii)MAXIMUM

PROJECTSCHED-

2

ULE.—To the maximum extent practicable3and consistent with applicable Federal law,4

the Secretary shall develop, in concurrence

5

with the project sponsor, a maximum

6

schedule for the project described or des-7

ignated under subsection (b) that is not

8

more than 2 years for the completion of9

the environmental review process for such10

projects, as measured from, as applicable,11

the date of publication of a notice of intent

12

to prepare an environmental impact state-

13

ment to the record of decision.

14‘‘(iv) DISPUTE RESOLUTION.—

15‘‘(I) IN GENERAL.—Any issue or

16

dispute that arises between the Sec-17

retary and participating agencies (or18amongst participating agencies) dur-

19

ing the environmental review process

20

shall be addressed expeditiously to

21

avoid delay.

22‘‘(II)RESPONSIBILITIES.—The

23

Secretary and participating agencies

24

shall—

MUR24306 DVY

S.L.C.

730
1‘‘(aa) implement the require-2

ments of this section consistent3

with any dispute resolution proc-

4

ess established in an applicable

5

law, regulation, or legally binding

6

agreement to the maximum ex-

7tent permitted by law; and8‘‘(bb) seek to resolve issues

9or disputes at the earliest pos-10

sible time at the project level11

through agency employees who

12

have day-to-day involvement in13

the project.

14‘‘(III) SECRETARY RESPONSIBIL-

15
16

ITIES.—‘‘(aa)IN

GENERAL.—The

17

Secretary shall make information

18

available to each cooperating and19

participating agency and project

20

sponsor as early as practicable in21

the environmental review regard-

22

ing the environmental, historic,23

and socioeconomic resources lo-

24

cated within the project area andMUR24306 DVY

S.L.C.

731
1

the general locations of the alter-2

natives under consideration.

3‘‘(bb) SOURCES OF INFOR-

4

MATION.—The

information de-5

scribed in item (aa) may be

6

based on existing data sources,

7

including geographic information8

systems mapping.

9‘‘(IV) COOPERATING

AND PAR-RESPONSIBIL-

10

TICIPATING11

ITIES.—Each cooperating and partici-

12pating agency shall—

AGENCY13‘‘(aa) identify, as early as

14practicable, any issues of concern

15

regarding any potential environ-16

mental impacts of the project, in-17cluding any issues that could

18

substantially delay or prevent an

19agency from completing any envi-

20

ronmental review or authoriza-

21

tion required for the project; and22‘‘(bb)

communicate

any

23

issues described in item (aa) to24

the project sponsor.

MUR24306 DVY

S.L.C.

7321‘‘(V) ELEVATIONFORMISSED

2

MILESTONE.—If

3

the Secretary and participating agen-4cies (or amongst participating agen-5cies) causes a milestone to be missed6

or extended, or the Secretary antici-

7pates that a permitting timetable

8

milestone will be missed or will need9

to be extended, the dispute shall be

10elevated to an official designated by

11

the relevant agency for resolution.

12

The elevation of a dispute shall take13

place as soon as practicable after the14

Secretary becomes aware of the dis-

15

pute or potential missed milestone.

16‘‘(VI)

a dispute between

EXCEPTION.—Disputes

17that do not impact the ability of an

18

agency to meet a milestone may be

19

elevated as appropriate.

20‘‘(VII) FURTHER EVALUATION.—21

If a resolution has not been reached22

at the end of the 30 day period after23

a relevant milestone date or extension

24

date after a dispute has been elevated25

to the designated official, the relevantMUR24306 DVY

S.L.C.

733
1

agencies shall elevate the dispute to2senior agency leadership for resolu-

3

tion.

4

‘‘(D) CONSISTENCY WITH OTHER TIME PE-

5

RIODS.—A6

shall be consistent with any other relevant time7

periods established under Federal law.

89schedule under subparagraph (C)‘‘(E) MODIFICATION.—‘‘(i) IN

GENERAL.—Except

as pro-10

vided in clause (ii), the Secretary may

11lengthen or shorten a schedule established12

under subparagraph (C) for good cause.

13

The Secretary may consider a decision by

14

the project sponsor to change, modify, ex-15pand, or reduce the scope of a project as

16

good cause for purposes of this clause.

17‘‘(ii) LIMITATIONS.—

18‘‘(I) LENGTHENED SCHEDULE.—19

The Secretary may lengthen a sched-20

ule under clause (i) for a cooperating

21

Federal agency by not more than 1

22year after the latest deadline estab-

23

lished for the project described or des-24

ignated under subsection (b) by the25

Secretary.

MUR24306 DVY

S.L.C.

734
1‘‘(II) SHORTENED SCHEDULE.—

2

The Secretary may not shorten a3schedule under clause (i) if doing so

4

would impair the ability of a cooper-

5

ating Federal agency to conduct nec-

6

essary analyses or otherwise carry out

7

relevant obligations of the Federal

8

agency for the project.

9‘‘(F) FAILURE TO MEET DEADLINE.—If a10

cooperating Federal agency fails to meet a11deadline

12(D)(ii)(I)—

establishedundersubparagraph13‘‘(i) the cooperating Federal agency

14

shall, not later than 10 days after failing15

to meet the deadline, submit to the Sec-16

retary a report that describes the reasons

17

why the deadline was not met; and18‘‘(ii) the Secretary shall—

19‘‘(I) submit to the Committee on

20

Transportation and Infrastructure of21

the House of Representatives and the22

Committee on Commerce, Science,23

and Transportation of the Senate a24

copy of the report under clause (i);

25

and

MUR24306 DVY

S.L.C.

735
1‘‘(II) make the report under2

clause (i) publicly available on a3

website of the Department of Trans-

4

portation.

5‘‘(G) DISSEMINATION.—A copy of a sched-6

ule under subparagraph (C), and of any modi-

7

fications to the schedule under subparagraph

8(E), shall be—9‘‘(i) provided to all participating agen-10cies and to the State department of trans-

11

portation of the State in which the project12

is located (and, if the State is not the

13

project sponsor, to the project sponsor);

14

and‘‘(ii) made available to the public.

1516‘‘(2) COMMENTDEADLINES.—The

Secretary

17

shall establish the following deadlines for comment

18

during the environmental review process for a

19

project:

20‘‘(A) For comments by agencies and the21

public on a draft environmental impact state-

22ment, a period of not more than 60 days after

23

publication in the Federal Register of notice of24

the date of public availability of such statement,

25

unless—MUR24306 DVY

S.L.C.

7361‘‘(i) a different deadline is established2

by agreement of the lead agency, the3project sponsor, and all participating agen-4cies; or‘‘(ii) the deadline is extended by the56lead agency for good cause.

7‘‘(B) For all other comment periods estab-

8lished by the lead agency for agency or public

9comments in the environmental review process,10

a period of not more than 45 days from avail-11

ability of the materials on which comment is re-

12quested, unless—13‘‘(i) a different deadline is established14

by agreement of the Secretary, the project

15

sponsor, and all participating agencies; or16‘‘(ii) the deadline is extended by thelead agency for good cause.

17
18

‘‘(3)

DEADLINESFORDECISIONS

UNDER

19

OTHER LAWS.—In

any case in which a decision

20

under any Federal law relating to a project de-21

scribed or designated under subsection (b) (including22

the issuance or denial of a permit or license) is re-23

quired to be made by the later of the date that is24

180 days after the date on which the Secretary

25

made all final decisions of the lead agency with re-MUR24306 DVY

S.L.C.

737
1

spect to the project or 180 days after the date on2

which an application was submitted for the permit

3or license, the Secretary shall submit to the Com-

4

mittee on Transportation and Infrastructure of the

5

House of Representatives and the Committee on

6

Commerce, Science, and Transportation of the Sen-7

ate and publish on a website of the Department of

8

Transportation—

9‘‘(A) as soon as practicable after the 180-

10

day period, an initial notice of the failure of the

11

Federal agency to make the decision; and12‘‘(B) every 60 days thereafter until such

13

date as all decisions of the Federal agency re-14

lating to the project have been made by the15

Federal agency, an additional notice that de-16

scribes the number of decisions of the Federal

17

agency that remain outstanding as of the date18of the additional notice.

19‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing

20

in this subsection shall reduce any time period pro-21

vided for public comment in the environmental re-22

view process under existing Federal law, including a23

regulation.

24‘‘(n) CONCURRENT REVIEWS AND SINGLE NEPA

25 DOCUMENT.—MUR24306 DVY

S.L.C.

738
1‘‘(1) CONCURRENT

REVIEWS.—Eachpartici-2

pating agency and cooperating agency under the ex-3pedited and coordinated environmental review proc-

4

ess established under this section shall—

5‘‘(A) carry out the obligations of such6

agency under other applicable law concurrently,

7

and in conjunction, with the review required

8

under the National Environmental Policy Act of

91969 (42 U.S.C. 4321 et seq.), unless doing so

10

would impair the ability of such agency to con-11

duct needed analysis or otherwise carry out

12such obligations; and13‘‘(B) formulate and implement administra-

14

tive, policy, and procedural mechanisms to en-

15

able the agency to ensure completion of the en-

16

vironmental review process in a timely, coordi-

17

nated, and environmentally responsible manner.

18‘‘(2) SINGLE NEPA DOCUMENT.—

19‘‘(A) IN GENERAL.—To the maximum ex-

20

tent practicable and consistent with Federal

21

law, all Federal permits and reviews for a

22

project shall rely on a single environmental doc-

23

ument prepared under the National Environ-24

mental Policy Act of 1969 (42 U.S.C. 4321 et25seq.) under the leadership of the Secretary.

MUR24306 DVY

S.L.C.

739
1‘‘(B) USE OF DOCUMENT.—

2‘‘(i) IN GENERAL.—To the maximum

3

extent practicable, the Secretary shall de-4velop an environmental document sufficient5

to satisfy the requirements for any Federal

6approval or other Federal action required7

for the project, including permits issued by

8other Federal agencies.

9‘‘(ii)

COOPERATIONOFPARTICI-

10

PATING AGENCIES.—In

carrying out this11

subparagraph, other participating agencies

12

shall cooperate with the lead agency and13

provide timely information.

14‘‘(C) TREATMENT AS PARTICIPATING AND
AGENCIES.—A

Federal agency

15

COOPERATING

16

required to make an approval or take an action

17

for a project, as described in this paragraph,18

shall work with the Secretary to ensure that the19

agency making the approval or taking the ac-

20tion is treated as being both a participating and21

cooperating agency for the project.

22‘‘(D) EXCEPTIONS.—The Secretary may

23

waive the application of subparagraph (A) with24

respect to a project if—

MUR24306 DVY

S.L.C.

7401‘‘(i) the project sponsor requests that2

agencies issue separate environmental doc-

3uments;4‘‘(ii) the obligations of a cooperating

5

agency or participating agency under the

6

National Environmental Policy Act of

71969 (42 U.S.C. 4321 et seq.) have al-8

ready been satisfied with respect to the9

project; or10‘‘(iii) the Secretary determines that11

reliance on a single environmental docu-

12

ment (as described in subparagraph (A))

13

would not facilitate timely completion of14

the environmental review process for the

15

project.

16‘‘(3) PARTICIPATINGAGENCYRESPONSIBIL-17

ITIES.—Anagency participating in the expedited18

and coordinated environmental review process under

19

this section shall—

20‘‘(A) provide comments, responses, studies,21

or methodologies on areas within the special ex-22

pertise or jurisdiction of the agency; and23‘‘(B) use the process to address any envi-

24

ronmental issues of concern to the agency.

25‘‘(o) ENVIRONMENTAL IMPACT STATEMENT.—MUR24306 DVY

S.L.C.

741
1‘‘(1) IN GENERAL.—In preparing a final envi-

2ronmental impact statement under the National En-

3

vironmental Policy Act of 1969 (42 U.S.C. 4321 et4seq.) for a project described or designated under5

subsection (b), if the Secretary modifies the state-

6ment in response to comments that are minor and7

are confined to factual corrections or explanations of8

why the comments do not warrant additional agency

9

response, the Secretary may write on errata sheets

10

attached to the statement instead of rewriting the11

draft statement, subject to the condition that the er-

12rata sheets—

13‘‘(A) cite the sources, authorities, and rea-

14

sons that support the position of the agency;

15

and

16

‘‘(B) if appropriate, indicate the cir-

17

cumstances that would trigger agency re-18

appraisal or further response.

19‘‘(2) SINGLE

DOCUMENT.—To

the maximum

20

extent practicable, for a project subject to a coordi-

21

nated review process under this section, the Sec-22

retary shall expeditiously develop a single document

23that consists of a final environmental impact state-

24

ment and a record of decision, unless—MUR24306 DVY

S.L.C.

7421‘‘(A) the final environmental impact state-2

ment or record of decision makes substantial

3changes to the project that are relevant to envi-

4ronmental or safety concerns; or5‘‘(B) there is a significant new cir-

6

cumstance or information relevant to environ-7

mental concerns that bears on the proposed ac-

8tion or the environmental impacts of the pro-9

posed action.

10‘‘(3) LENGTH11OF

ENVIRONMENTAL

DOCU-

MENT.—

12‘‘(A) IN GENERAL.—Except as provided in

13

subparagraph (B), an environmental impact

14

statement shall not exceed 150 pages, not in-

15

cluding any citations or appendices.

16‘‘(B) EXTRAORDINARY COMPLEXITY.—An

17

environmental impact statement for a proposed18

agency action of extraordinary complexity shall19

not exceed 300 pages, not including any cita-

20

tions or appendices.

2122‘‘(p) INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.—

23‘‘(1) IN GENERAL.—Subject to paragraph (5)24and to the maximum extent practicable and appro-

25

priate, the following agencies may adopt or incor-

MUR24306 DVY

S.L.C.

743
1

porate by reference, and use a planning product in2

proceedings relating to, any class of action in the en-

3

vironmental review process of a project described or

4designated under subsection (b):5‘‘(A) The lead agency for a project, with6

respect to an environmental impact statement,

7

environmental assessment, categorical exclusion,

8

or other document prepared under the National

9

Environmental Policy Act of 1969 (42 U.S.C.

104321 et seq.).

11‘‘(B) A cooperating agency with responsi-

12bility under Federal law with respect to the13

process for and completion of any environ-14

mental permit, approval, review, or study re-15

quired for a project under any Federal law

16

other than the National Environmental Policy

17

Act of 1969 (42 U.S.C. 4321 et seq.), if con-18

sistent with such Act.

19‘‘(2) IDENTIFICATION.—If a lead or cooperating

20

agency makes a determination to adopt or incor-

21

porate by reference and use a planning product22

under paragraph (1), such agency shall identify the23

agencies that participated in the development of the24planning products.

MUR24306 DVY

S.L.C.

7441‘‘(3) ADOPTION OR INCORPORATION BY REF-

2

ERENCE OF PLANNING PRODUCTS.—Such

3

may—

agency4‘‘(A) adopt or incorporate by reference an5entire planning product under paragraph (1); or

6‘‘(B) select portions of a planning project7

under paragraph (1) for adoption or incorpora-8tion by reference.

9‘‘(4) TIMING.—The adoption or incorporation10

by reference of a planning product under paragraph

11(1) may—

12‘‘(A) be made at the time the lead and co-

13

operating agencies decide the appropriate scope

14of environmental review for the project; or

15‘‘(B) occur later in the environmental re-16

view process, as appropriate.

17‘‘(5) CONDITIONS.—Such agency in the envi-

18

ronmental review process may adopt or incorporate

19

by reference a planning product under this section20

if such agency determines, with the concurrence of21

the lead agency, if appropriate, and, if the planning22

product is necessary for a cooperating agency to

23issue a permit, review, or approval for the project,

24with the concurrence of the cooperating agency, if

MUR24306 DVY

S.L.C.

7451

appropriate, that the following conditions have been

2

met:

3

‘‘(A) The planning product was developed

4through a planning process conducted pursuant

5

to applicable Federal law.

6‘‘(B) The planning product was developed

7

in consultation with appropriate Federal and

8State resource agencies and Indian Tribes.

9‘‘(C) The planning process included broad

10

multidisciplinary consideration of systems-level11

or corridor-wide transportation needs and po-

12tential effects, including effects on the human13

and natural environment.

14‘‘(D) The planning process included public

15

notice that the planning products produced in16

the planning process may be adopted during

17

any subsequent environmental review process in18

accordance with this section.

1920‘‘(E) During the environmental review
process, the such agency has—

21‘‘(i) made the planning documents

22

available for public review and comment by

23

members of the general public and Fed-24

eral, State, local, and Tribal governments

MUR24306 DVY

S.L.C.

746
1that may have an interest in the proposed2

project;

3‘‘(ii) provided notice of the intention

4of the such agency to adopt or incorporate

5by reference the planning product; and6‘‘(iii) considered any resulting com-7

ments.

8‘‘(F) There is no significant new informa-

9tion or new circumstance that has a reasonable

10

likelihood of affecting the continued validity or

11

appropriateness of the planning product or por-

12

tions thereof.

13‘‘(G) The planning product has a rational

14

basis and is based on reliable and reasonably

15

current data and reasonable and scientifically16

acceptable methodologies.

17‘‘(H) The planning product is documented

18

in sufficient detail to support the decision or

19

the results of the analysis and to meet require-

20

ments for use of the information in the environ-21

mental review process.

22‘‘(I) The planning product is appropriate

23

for adoption or incorporation by reference and24

use in the environmental review process for the25

project and is incorporated in accordance with,MUR24306 DVY

S.L.C.

747
1

and is sufficient to meet the requirements of,2

the National Environmental Policy Act of 19693

(42 U.S.C. 4321 et seq.) and section 1502.21

4of title 40, Code of Federal Regulations.

5‘‘(6) EFFECT OF ADOPTION OR INCORPORATION6BY REFERENCE.—Any planning product or portions

7

thereof adopted or incorporated by reference by such8

agency in accordance with this subsection may be—

9‘‘(A) incorporated directly into an environ-

10

mental review process document or other envi-

11ronmental document; and12‘‘(B) relied on and used by other Federal

13

agencies in carrying out reviews of the project.

14‘‘(q) REPORT ON NEPA DATA.—

15‘‘(1) IN GENERAL.—The Secretary shall carry16

out a process to track, and annually submit to the17

Committee on Transportation and Infrastructure of18

the House of Representatives, the Committee on

19

Commerce, Science, and Transportation of the Sen-20

ate, the Committee on Natural Resources of the

21

House of Representatives, and the Committee on

22

Environment and Public Works of the Senate a re-23

port on projects described in subsection (b)(1) that

24

contains the information described in paragraph (3).

MUR24306 DVY

S.L.C.

748
1
2
3
4

‘‘(2) TIME TO COMPLETE.—For purposes ofparagraph (3), the NEPA process—‘‘(A) for an environmental impact statement—5‘‘(i) begins on the date on which a no-6

tice of intent is published in the Federal

7

Register; and8‘‘(ii) ends on the date on which the9

Secretary issues a record of decision, in-10

cluding, if necessary, a revised record of

11

decision; and12‘‘(B) for an environmental assessment—

13‘‘(i) begins on the date on which the14

Secretary makes a determination to pre-15pare an environmental assessment; and16‘‘(ii) ends on the date on which the17

Secretary issues a finding of no significant

18

impact or determines that preparation of19

an environmental impact statement is nec-

20

essary.

21‘‘(3) INFORMATION DESCRIBED.—The informa-

22tion referred to in paragraph (1) is, with respect to

23

the Federal Aviation Administration—

MUR24306 DVY

S.L.C.

749
1‘‘(A) the number of proposed actions for2

which a categorical exclusion was applied by the3

Secretary during the reporting period;

4‘‘(B) the number of proposed actions for5

which a documented categorical exclusion was

6applied by the Secretary during the reporting

7

period;8‘‘(C) the number of proposed actions pend-9

ing on the date on which the report is sub-10

mitted for which the issuance of a documented11

categorical exclusion by the Secretary is pend-

12

ing;

13

‘‘(D) the number of proposed actions for

14

which an environmental assessment was issued

15

by the Secretary during the reporting period;

16‘‘(E) the length of time the Administration

17

took to complete each environmental assessment

18

described in subparagraph (D);19‘‘(F) the number of proposed actions pend-20

ing on the date on which the report is sub-21

mitted for which an environmental assessment

22

is being drafted by the Secretary;23‘‘(G) the number of proposed actions for24

which a final environmental impact statement

MUR24306 DVY

S.L.C.

7501

was completed by the Secretary during the re-2

porting period;

3‘‘(H) the length of time that the Secretary4

took to complete each environmental impact

5statement described in subparagraph (G);6‘‘(I) the number of proposed actions pend-7

ing on the date on which the report is sub-8

mitted for which an environmental impact

9statement is being drafted; and10‘‘(J) for the proposed actions reported

11

under subparagraphs (F) and (I), the percent-12

age of such proposed actions for which—1314‘‘(i) project funding has been identified; and15‘‘(ii) all other Federal, State, and16

local activities that are required to allow

17

the proposed action to proceed are com-18

pleted.

19‘‘(4) DEFINITIONS.—In this section:

20‘‘(A) ENVIRONMENTAL ASSESSMENT.—The

21

term ‘environmental assessment’ has the mean-

22

ing given such term in section 1508.1 of title

23

40, Code of Federal Regulations (or a successor

24

regulation).

MUR24306 DVY

S.L.C.

751‘‘(B) ENVIRONMENTAL

1

IMPACT

STATE-

2

MENT.—The term ‘environmental impact state-3

ment’ means a detailed statement required

4

under section 102(2)(C) of the National Envi-5

ronmental Policy Act of 1969 (42 U.S.C.

64332(2)(C)).

7‘‘(C) NEPA PROCESS.—The term ‘NEPA

8

process’ means the entirety of the development

9and documentation of the analysis required

10

under the National Environmental Policy Act of

111969 (42 U.S.C. 4321 et seq.), including the12assessment and analysis of any impacts, alter-

13

natives, and mitigation of a proposed action,

14

and any interagency participation and public in-

15

volvement required to be carried out before the16

Secretary undertakes a proposed action.

17‘‘(D) PROPOSED ACTION.—The term ‘pro-18

posed action’ means an action (within the19meaning of the National Environmental Policy

20

Act of 1969 (42 U.S.C. 4321 et seq.)) under

21

this title that the Secretary proposes to carry

22

out.

23

‘‘(E) REPORTING PERIOD.—The term ‘re-24

porting period’ means the fiscal year prior toMUR24306 DVY

S.L.C.

7521

the fiscal year in which a report is issued under2

subsection (a).’’.

3
4

SEC. 784. SUBCHAPTER III DEFINITIONS.

Section 47175 of title 49, United States Code, is

5 amended—
6(1) in paragraph (3)(A) by striking ‘‘and’’ at7

the end and inserting ‘‘or’’;8(2) in paragraph (4)—

9
10
11

(A) in subparagraph (A) by striking ‘‘and’’at the end; and(B) in subparagraph (B)—12(i) by striking ‘‘(B)’’; and13(ii) by redesignating clauses (i) and14(ii) as subparagraphs (B) and (C), respec-15

tively;16(3) by striking paragraph (5);17(4) by redesignating paragraphs (3), (1), (4),18(2), (6), and (8) as paragraphs (1), (2), (3), (4),19(5), and (6), respectively; and20(5) by adding at the end the following:

21‘‘(8) TERMINALDEVELOPMENT.—The

term

22

‘terminal development’ has the meaning given such23

term in section 47102.’’.

MUR24306 DVY

S.L.C.

753
1
2

SEC. 785. PILOT PROGRAM EXTENSION.

Section 190 of the FAA Reauthorization Act of 2018

3 (49 U.S.C. 47104 note) is amended—45(1) in subsection (a) by inserting ‘‘in each fiscal
year’’ after ‘‘6 projects’’; and6(2) in subsection (i) by striking ‘‘5 years’’ and7

all that follows through the period at the end and8inserting ‘‘on October 1, 2028.’’.

910SEC. 786. PART 150 NOISE STANDARDS UPDATE.

(a) IN GENERAL.—Not later than 1 year after the

11 date of enactment of this Act, the Administrator shall re12 view and revise, as appropriate, part 150 of title 14, Code
13 of Federal Regulations, to reflect all relevant laws and reg14 ulations, including part 161 of title 14, Code of Federal
15 Regulations.
16(b) OUTREACH.—As part of the review conducted

17 under subsection (a), the Administrator shall clarify exist18 ing and future noise policies and standards and seek feed19 back from airports, airport users, and individuals living
20 in the vicinity of airports and in airport adjacent commu21 nities before implementing any changes to any noise poli22 cies or standards.
23(c) BRIEFING.—Not later than 90 days after the date

24 of enactment of this Act, and every 6 months thereafter,
25 the Administrator shall brief the appropriate committees

MUR24306 DVY

S.L.C.

754
1 of Congress regarding the review conducted under sub2 section (a).
3(d) SUNSET.—The requirement under subsection (c)4 shall terminate on the earlier of—
5(1) October 1, 2028; or

6(2) the date on which 1 briefing is provided

7

under subsection (c) after the changes in subsection

8(a) are implemented.

9SEC. 787. REDUCING COMMUNITY AIRCRAFT NOISE EXPO-

10
11

SURE.

In implementing or revising a flight procedure, the

12 Administrator shall seek to take the following actions (to13 the extent that such actions do not negatively affect avia14 tion safety or efficiency) to reduce undesirable aircraft
15 noise:
16(1) Implement flight procedures that can miti-

17

gate the impact of aircraft noise, based on a con-18

sensus community recommendation.

19(2) Work with airport sponsors and potentially20

impacted neighboring communities in establishing or

21

modifying aircraft arrival and departure routes.

22(3) In collaboration with local governments, dis-23

courage local encroachment of residential or other24

buildings near airports that could create future air-MUR24306 DVY

S.L.C.

755
1

craft noise complaints or impact airport operations

2

or aviation safety.

3
4SEC. 788. CATEGORICAL EXCLUSIONS.

(a) CATEGORICAL EXCLUSION FOR PROJECTS OF

5 LIMITED FEDERAL ASSISTANCE.—An action by the Ad6 ministrator to approve, permit, finance, or otherwise au7 thorize any airport project that is undertaken by the spon8 sor, owner, or operator of a public-use airport shall be pre9 sumed to be covered by a categorical exclusion under FAA
10 Order 1050.1F (or any successor document), if such
11 project—
12(1) receives less than $6,000,000 (as adjusted

13

annually by the Administrator to reflect any in-14

creases in the Consumer Price Index prepared by

15

the Department of Labor) of Federal funds or funds

16

from charges collected under section 40117 of title

1749, United States Code; or

18(2) has a total estimated cost of not more than

19

$35,000,000 (as adjusted annually by the Adminis-

20

trator to reflect any increases in the Consumer Price

21

Index prepared by the Department of Labor) and22

Federal funds comprising less than 15 percent of the23

total estimated project cost.

24(b) CATEGORICAL EXCLUSION IN EMERGENCIES.—

25 An action by the Administrator to approve, permit, fi-

MUR24306 DVY

S.L.C.

756
1 nance, or otherwise authorize an airport project that is
2 undertaken by the sponsor, owner, or operator of a public3 use airport shall be presumed to be covered by a categor4 ical exclusion under FAA Order 1050.1F (or any suc5 cessor document), if such project is—
6(1) for the repair or reconstruction of any air-7

port facility, runway, taxiway, or similar structure

8

that is in operation or under construction when9

damaged by an emergency declared by the Governor

10of the State with concurrence of the Administrator

11

or for a disaster or emergency declared by the Presi-

12

dent pursuant to the Robert T. Stafford Disaster

13

Relief and Emergency Assistance Act (42 U.S.C.

14

5121 et seq.);15(2) in the same location with the same capacity,

16

dimensions, and design as the original airport facil-

17

ity, runway, taxiway, or similar structure as before18

the declaration described in this section; and19(3) commenced within a 2-year period begin-

20

ning on the date of a declaration described in this21

section.

22(c) EXTRAORDINARY CIRCUMSTANCES.—The pre-23 sumption that an action is covered by a categorical exclu24 sion under subsections (a) and (b) shall not apply if theMUR24306 DVY

S.L.C.

757
1 Administrator

determinesthatextraordinarycir-

2 cumstances exist with respect to such action.
3(d) RULE OF CONSTRUCTION.—Nothing in this sec-

4 tion shall be construed to impact any aviation safety au5 thority of the Administrator.
6(e) DEFINITIONS.—In this section:

7(1) CATEGORICAL EXCLUSION.—The term ‘‘cat-8

egorical exclusion’’ has the meaning given such term

9in section 1508.1(d) of title 40, Code of Federal

10Regulations.

11

(2)

PUBLIC-USE

AIRPORT;

SPONSOR.—The12

terms ‘‘public-use airport’’ and ‘‘sponsor’’ have the13meanings given such terms in section 47102 of title

1449, United States Code.

15
16

SEC. 789. UPDATING PRESUMED TO CONFORM LIMITS.

Not later than 24 months after the date of enactment

17 of this Act, the Administrator shall take such actions as
18 are necessary to update the FAA’s list of actions that are
19 presumed to conform to a State implementation plan pur20 suant to section 93.153(f) of title 40, Code of Federal
21 Regulations, to include projects relating to the construc22 tion of aircraft hangars.

MUR24306 DVY

S.L.C.

758
1

SEC. 790. RECOMMENDATIONS ON REDUCING ROTORCRAFT

2

NOISE IN DISTRICT OF COLUMBIA.

3(a) STUDY.—The Comptroller General shall conduct

4 a study on reducing rotorcraft noise in the District of Co5 lumbia.
6(b) CONTENTS.—In carrying out the study under

7 subsection (a), the Comptroller General shall consider—
8(1) the extent to which military operators con-9

sider operating over unpopulated areas outside of10

the District of Columbia for training missions;

11(2) the extent to which vehicles or aircraft other12

than conventional rotorcraft (such as unmanned air-13

craft) could be used for emergency and law enforce-

14

ment response; and15(3) the extent to which relevant operators and16

entities have assessed and addressed, as appropriate,17

the noise impacts of various factors of operating

18

rotorcraft, including, at a minimum—

19(A) altitude;

20(B) the number of flights;

21(C) flight paths;

22(D) time of day of flights;

23(E) types of aircraft;24(F) operating procedures; and25(G) pilot training.

MUR24306 DVY

S.L.C.

759
1(c) REPORT.—Not later than 1 year after the date

2 of enactment of this Act, the Comptroller General shall
3 brief the appropriate committees of Congress on prelimi4 nary observations, with a report to follow at a date agreed
5 upon at the time of the briefing, containing—
678(1) the contents of the study conducted undersubsection (a); and(2) any recommendations for the reduction of

9rotorcraft noise in the District of Columbia.

10(d) RELEVANT OPERATORS

11

AND

ENTITIES DE-

FINED.—In this section, the term ‘‘relevant operators and

12 entities’’ means—1314(1) the Chief of Police of the Metropolitan Police Department of the District of Columbia;

15(2) any medical rotorcraft operator that rou-16

tinely flies a rotorcraft over the District of Colum-

17bia; and

18
19
20
21

(3) any other operator that routinely flies arotorcraft over the District of Columbia.
SEC. 791. UFP STUDY.

(a) IN GENERAL.—Not later than 180 days after the

22 date of enactment of this Act, the Administrator shall seek
23 to enter into an agreement with the National Academies
24 under which the National Research Council shall carry outMUR24306 DVY

S.L.C.

760
1 a study examining airborne ultrafine particles and the ef2 fect of such particles on airport-adjacent communities.
3(b) SCOPE OF STUDY.—In carrying out the study

4 under subsection (a), the National Research Council
5 shall—
6(1) summarize the relevant literature and stud-7

ies done on airborne UFPs worldwide;8(2) focus on large hub airports;

9(3) examine airborne UFPs and the potential

10

effect of such UFPs on airport-adjacent commu-

11

nities, including—(A) characteristics of UFPs present in the

12
13
14
15

air;
(B) spatial and temporal distributions of
UFP concentrations;16(C) primary sources of UFPs;

17(D) the contribution of aircraft and airport

18

operations to the distribution of UFP con-19

centrations compared to other sources;

20(E) potential health effects associated with21

elevated UFP exposures, including outcomes re-22

lated to cardiovascular disease, respiratory in-

23

fection24

neurocognitive functions, and other health ef-

25fects; andanddisease,degradationofMUR24306 DVY

S.L.C.

761(F) potential UFP exposures, especially to12

susceptible groups;

3(4) consider the concentration of UFPs result-4

ing from various aviation fuel sources including avia-

5tion gasoline, sustainable aviation fuel, and hydro-

6gen, to the extent practicable;(5) identify measures intended to reduce the re-78lease of UFPs; and

9(6) identify information gaps related to under-

10

standing potential relationships between UFP expo-

11

sures and health effects, contributions of aviation-re-12

lated emissions to UFP exposures and the effective-

13

ness of mitigation measures.

14(c) COORDINATION.—The Administrator may coordi-

15 nate with the heads of such other agencies that the Ad16 ministrator considers appropriate to provide data and17 other assistance necessary for the study.
18(d) REPORT.—Not later than 180 days after the Na-

19 tional Research Council submits of the results of the study
20 to the Administrator, the Administrator shall submit to
21 the appropriate committees of Congress a report con22 taining the results of the study carried out under sub23 section (a), including any recommendations based on such
24 study.

MUR24306 DVY

S.L.C.

7621(e) DEFINITION OF ULTRAFINE PARTICLE.—In this2 section, the terms ‘‘ultrafine particle’’ and ‘‘UFP’’ mean
3 particles with diameters less than or equal to 100 nano4 meters.
5
6SEC. 792. AIRCRAFT NOISE ADVISORY COMMITTEE.

(a) ESTABLISHMENT.—Not later than 180 days after

7 the date of enactment of this Act, the Administrator shall
8 establish an Aircraft Noise Advisory Committee (in this9 section referred to as the ‘‘Advisory Committee’’) to advise
10 the Administrator on issues facing the aviation community
11 that are related to aircraft noise exposure and existing
12 FAA noise policies and regulations.
13(b) MEMBERSHIP.—The Administrator shall appoint

14 the members of the Advisory Committee, which shall be
15 comprised of—
16(1) at least 1 representative of each of—17(A) engine manufacturers;

18(B) air carriers;

19(C) airport owners or operators;

20(D) aircraft manufacturers;

21(E) advanced air mobility manufacturers

22

or operators; and23(F) institutions of higher education; and24(2) representatives of airport-adjacent commu-

25

nities from geographically diverse regions.

MUR24306 DVY

S.L.C.

7631(c) DUTIES.—The duties of the Advisory Committee

2 shall include—34(1) the evaluation of existing research on aircraft noise impacts and annoyance;

5(2) the assessment of alternative noise metrics

6

that could be used to supplement or replace the ex-

7isting Day Night Level standard, in consultation

8

with the National Academies;

9(3) the evaluation of the current 65-decibel ex-

10

posure threshold, including the impact to land use

11compatibility around airports if such threshold was

12lowered;13(4) the evaluation of current noise mitigation

14

strategies and the community engagement efforts by

15

the FAA with respect to changes in airspace utiliza-

16tion, such as the integration of new entrants and17

usage of performance-based navigation; and18(5) other duties determined appropriate by the19

Administrator.

20(d) REPORTS.—

21(1) IN GENERAL.—Not later than 1 year after

22

the date of establishment of the Advisory Com-23

mittee, the Advisory Committee shall submit to the24

Administrator

25

changes to current aviation noise policies.

areporton

any

recommended

MUR24306 DVY

S.L.C.

764
1(2) REPORT TO CONGRESS.—Not later than2

180 days after the date the Administrator receives3

the report under paragraph (1), the Administrator

4

shall submit to the appropriate committees of Con-5

gress a report containing the recommendations made6by the Advisory Committee.

7(e) CONGRESSIONAL BRIEFING.—Not later than 30

8 days after submission of the report under paragraph (2),9 the Administrator shall brief the appropriate committees
10 of Congress on how the Administrator plans to implement
11 recommendations contained in the report and, for each
12 recommendation that the Administrator does not plan to
13 implement, the reason of the Administrator for not imple14 menting the recommendation.
15(f) CONSULTATION.—The Advisory Committee shall16 consult with other relevant Federal agencies, including the
17 National Aeronautics and Space Administration, in car18 rying out the duties described in section (c).
1920SEC. 793. COMMUNITY COLLABORATION PROGRAM.

(a) ESTABLISHMENT.—The Administrator shall con-

21 tinue existing community engagement activities under the
22 designation of a Community Collaboration Program (in23 this section referred to as the ‘‘Program’’).
24(b) RESPONSIBILITIES.—MUR24306 DVY

S.L.C.

765
1(1) IN GENERAL.—In carrying out the Pro-2

gram, the Administrator shall facilitate and har-3

monize, as appropriate, policies and procedures car-4ried out by various offices of the FAA pertaining to

5community engagement relating to—

6(A) airport planning and development;

7(B) noise and environmental policy;

8(C) NextGen implementation;

9(D) air traffic route changes;

10(E) integration of new and emerging en-

11

trants; and

12(F) other topics with respect to which com-13

munity engagement is critical to program suc-

14

cess.

15

(2) SPECIFIED RESPONSIBILITIES.—In carrying

16

out the Program, the Administrator shall be respon-

17

sible for—18
19(A) updating the internal guidance of the
FAA for community engagement based on—

20(i) best practices of other Federal

21

agencies and external organizations with

22

expertise in community engagement;

2324(ii) interviews with impacted residents; andMUR24306 DVY

S.L.C.

766
1(iii) recommendations solicited from2

individuals and local government officials

3in communities adversely impacted by air-4

craft noise;5(B) coordinating with the Air Traffic Or-

6ganization on community engagement efforts

7

related to air traffic procedure changes to en-8

sure that impacted communities are consulted

9

in a meaningful way;

1011(C) coordination with Regional Ombudsmen of the FAA;

12(D) oversight, streamlining, and increasing

13

the responsiveness of the noise complaint proc-

14

ess of the FAA by—

15(i) centralizing noise complaint data

16

and improving data collection methodolo-

17

gies;

18

(ii) ensuring such Regional Ombuds-

19

men are consulted in local air traffic proce-20

dure development decisions; and21(iii) collecting feedback from such Re-

22

gional Ombudsmen to inform national pol-23

icymaking efforts;

24(E) timely implementation of the rec-25

ommendations, as appropriate, made by theMUR24306 DVY

S.L.C.

767
1

Comptroller General to the Secretary contained2

in the report titled ‘‘Aircraft Noise: FAA Could

3

Improve Outreach Through Enhanced Noise

4

Metrics, Communication, and Support to Com-5

munities’’, issued in September 2021 (GAO–6

21–103933) to improve the outreach of the7

FAA to local communities impacted by aircraft

8

noise, including—

9(i) any recommendations to—

10(I) identify appropriate supple-

11

mental metrics for assessing noise im-

12

pacts and circumstances for their use

13

to aid in the internal assessment of

14

the FAA of noise impacts related to

15

proposed flight path changes;

16(II) update guidance to incor-

17

porate additional tools to more clearly18

convey expected impacts, such as

19

other noise metrics and visualization

20

tools; and21(III) improve guidance to air-22

ports and communities on effectively

23

engaging with the FAA; and24(ii) any other recommendations in-25

cluded in the report that would assist theMUR24306 DVY

S.L.C.

768
1

FAA in improving outreach to commu-

2

nities affected by aircraft noise;3(F) ensuring engagement with local com-4

munity groups as appropriate in conducting the5other responsibilities described in this section;

6and(G) other responsibilities as considered ap-

78
9

propriate by the Administrator.
(c) BRIEFING.—Not later than 2 years after the Ad-

10 ministrator implements the recommendations described in
11 subsection (b)(2)(E), the Administrator shall brief the ap12 propriate committees of Congress describing—
13
14(1) the implementation of each such recommendation;15(2) how any recommended actions are assisting16

the Administrator in improving outreach to commu-

17

nities affected by aircraft noise and other commu-

18

nity engagement concerns; and19(3) any challenges or barriers that limit or pre-20

vent the ability of the Administrator to take such ac-

21

tions.

22(d) RULE OF CONSTRUCTION.—Nothing in this sec-

23 tion shall be construed to require the Administrator to
24 alter the organizational structure of the FAA nor change
25 the reporting structure of any employee.

MUR24306 DVY

S.L.C.

769
1

SEC. 794. INFORMATION SHARING REQUIREMENT.

2(a) IN GENERAL.—Not later than 2 years after the

3 date of enactment of this Act, the Secretary, acting
4 through the Administrator, shall establish a mechanism
5 to make helicopter noise complaint data accessible to the
6 FAA, to helicopter operators operating in the Washington,
7 DC area, and to the public on a website of the FAA, based
8 on the recommendation of the Government Accountability
9 Office in the report titled ‘‘Aircraft Noise: Better Informa10 tion Sharing Could Improve Responses to Washington,
11 D.C. Area Helicopter Noise Concerns’’, published on Jan12 uary 7, 2021 (GAO–21–200).
13(b) COOPERATION.—Any helicopter operator oper-

14 ating in the Washington, DC area shall, to the extent
15 practicable, provide helicopter noise complaint data to the
16 FAA through the mechanism established under subsection
17 (a).
181920(c) DEFINITIONS.—In this section:(1) HELICOPTER NOISE COMPLAINT DATA.—The term ‘‘helicopter noise complaint data’’—21(A) means general data relating to a com-22

plaint made by an individual about helicopter

23

noise in the Washington, DC area and may in-24

clude—

25(i) the location and description of the26

event that is the subject of the complaint;MUR24306 DVY

S.L.C.

770(ii) the start and end time of such1

event;

2(iii) a description of the aircraft that3is the subject of the complaint; and4(iv) the airport name associated with

5
6

such event; and

7(B) does not include the personally identi-

8

fiable information of the individual who sub-9

mitted the complaint.

10(2) WASHINGTON, DC AREA.—The term ‘‘Wash-

11

ington, DC area’’ means the area inside of a 30-mile

12

radius surrounding Ronald Reagan Washington Na-

13tional Airport.

14
15

SEC. 795. MECHANISMS TO REDUCE HELICOPTER NOISE.

(a) IN GENERAL.—Not later than 3 years after the

16 date of enactment of this Act, the Comptroller General
17 shall initiate a study to examine ways in which a State,
18 territorial, or local government may mitigate the negative
19 impacts of commercial helicopter noise.
20(b) CONSIDERATIONS.—In conducting the study

21 under subsection (a), the Comptroller General shall con22 sider—
23
24(1) the varying degree of commercial helicopter
operations in different communities; andMUR24306 DVY

S.L.C.

771
1(2) actions that State and local governments

2

have taken, and authorities such governments have3

used, to reduce the impact of commercial helicopter4

noise and the success of such actions.

5(c) REPORT.—Not later than 2 years after the date

6 of enactment of this Act, the Comptroller General shall
7 provide to the appropriate committees of Congress a re8 port on the findings of the study conducted under sub9 section (a).
10

TITLE VIII—GENERAL AVIATION

11

SEC. 801. REEXAMINATION OF PILOTS OR CERTIFICATE

1213HOLDERS.

The Pilot’s Bill of Rights (Public Law 112–153) is

14 amended by adding at the end the following:
15
16‘‘SEC. 5. REEXAMINATION OF AN AIRMAN CERTIFICATE.

‘‘(a) IN GENERAL.—The Administrator shall provide

17 timely, written notification to an individual subject to a
18 reexamination of an airman certificate issued under chap19 ter 447 of title 49, United States Code.
20‘‘(b) INFORMATION REQUIRED.—In providing notifi-

21 cation under subsection (a), the Administrator shall in22 form the individual—
23‘‘(1) of the nature of the reexamination and the24

specific activity on which the reexamination is neces-25

sitated;MUR24306 DVY

S.L.C.

772
1‘‘(2) that the reexamination shall occur within

2

1 year from the date of the notice provided by the3Administrator, however, if the reexamination is not

4conducted within 30 days, the Administrator may re-5strict passenger carrying operations;

6‘‘(3) that if such reexamination is not con-7

ducted after 1 year from date of notice, the airman

8

certificate of the individual may be suspended or re-9

voked; and

10‘‘(4) when, as determined by the Administrator,

11

an oral or written response to the notification from12

the Administrator is not required.

13‘‘(c) EXCEPTION.—Nothing in this section prohibits

14 the Administrator from reexamining a certificate holder
15 if the Administrator has reasonable grounds—
16‘‘(1) to establish that an airman may not be

17qualified to exercise the privileges of a certificate or

18

rating based upon an act or omission committed by

19

the airman while exercising such privileges or per-20

forming ancillary duties associated with the exercise

21

of such privileges; or22‘‘(2) to demonstrate that the airman obtained

23

such a certificate or rating through fraudulent

24means or through an examination that was inad-

25

equate to establish the qualifications of an airman.

MUR24306 DVY

S.L.C.

7731‘‘(d) STANDARD OF REVIEW.—An order issued by the2 Administrator to amend, modify, suspend, or revoke an
3 airman certificate after reexamination of the airman is
4 subject to the standard of review provided for under sec5 tion 2 of this Act.’’.
6
7

SEC. 802. GAO REVIEW OF PILOT’S BILL OF RIGHTS.

(a) IN GENERAL.—Not later than 2 years after the

8 date of enactment of this Act, the Comptroller General
9 shall submit to the appropriate committees of Congress
10 a study of the implementation of the Pilot’s Bill of Rights.
11(b) CONTENTS.—In conducting the study under sub-

12 section (a), the Comptroller General shall review—
13
14(1) the implementation and application of the
Pilot’s Bill of Rights;

15(2) the application of the Federal Rules of Civil

16

Procedure and the Federal Rules of Evidence to cov-

17ered proceedings by the National Transportation

18

Safety Board, as required by section 2 of the Pilot’s

19Bill of Rights;

20(3) the appeal process and the typical length of

21time associated with a final determination in a cov-

22

ered proceeding; and23(4) any impacts of the implementation of the24

Pilot’s Bill of Rights.

25(c) DEFINITIONS.—In this section:

MUR24306 DVY

S.L.C.

774
1(1) COVERED PROCEEDING.—The term ‘‘cov-

2

ered proceeding’’ means a proceeding conducted3

under subpart C, D, or F of part 821 of title 49,

4

Code of Federal Regulations, relating to denial,

5

amendment, modification, suspension, or revocation

6of an airman certificate.

7(2) PILOT’S BILL OF RIGHTS.—The term ‘‘Pi-

8

lot’s Bill of Rights’’ means the Pilot’s Bill of Rights

9(Public Law 112–153).

1011SEC. 803. DATA PRIVACY.

(a) IN GENERAL.—Chapter 441 of title 49, United

12 States Code, is amended by adding at the end the fol13 lowing:
14 ‘‘§ 44114. Privacy
15‘‘(a) IN GENERAL.—Notwithstanding any other pro-

16 vision of law, including section 552(b)(3) of title 5, the17 Administrator of the Federal Aviation Administration
18 shall establish and update as necessary a process by which,
19 upon request of a private aircraft owner or operator, the20 Administrator withholds the registration number and21 other similar identifiable data or information, except for
22 physical markings required by law, of the aircraft of the23 owner or operator from any broad dissemination or display
24 (except in furnished data or information made available
25 to or from a Government agency pursuant to a govern-MUR24306 DVY

S.L.C.

775
1 ment contract, subcontract, or agreement, including for
2 traffic management purposes) for the noncommercial
3 flights of the owner or operator.
45‘‘(b) WITHHOLDING PERSONALLY IDENTIFIABLE INFORMATION ON THE

AIRCRAFT REGISTRY.—Not later6 than 2 years after the enactment of this Act and notwith7 standing any other provision of law, including section
8 552(b)(3) of title 5, the Administrator shall establish a
9 procedure by which, upon request of a private aircraft
10 owner or operator, the Administrator shall withhold from11 broad dissemination or display by the FAA (except in fur12 nished data or information made available to or from a
13 Government agency pursuant to a government contract,
14 subcontract, or agreement, including for traffic manage15 ment purposes) the personally identifiable information of
16 such individual, including on a publicly available website
17 of the FAA.
18‘‘(c) ICAO AIRCRAFT IDENTIFICATION CODE.—

19‘‘(1) IN GENERAL.—The Administrator shall es-

20

tablish a program for aircraft owners and operators

21

to apply for a new ICAO aircraft identification code.

22‘‘(2) LIMITATIONS.—In carrying out the pro-

23

gram described in paragraph (1), the Administrator

24

shall require—MUR24306 DVY

S.L.C.

776
1‘‘(A) each applicant to attest to a safety or

2security need in applying for a new ICAO air-3

craft identification code; and4‘‘(B) each approved applicant who obtains

5

a new ICAO aircraft identification code to com-6

ply with all applicable aspects of, or related to,7part 45 of title 14, Code of Federal Regula-

8

tions, including updating an aircraft’s registra-

9tion number and N–Number to reflect such air-

10

craft’s new ICAO aircraft identification code.

11
12
13
14
15
16

‘‘(d) DEFINITIONS.—In this section:‘‘(1) ADS–B.—The term ‘ADS–B’ means automatic dependent surveillance-broadcast.
‘‘(2) ICAO.—The term ‘ICAO’ means theInternational Civil Aviation Organization.
‘‘(3) PERSONALLY

17

TION.—The

18

tion’ means—

19
20
21
22
23
24

IDENTIFIABLE

INFORMA-term ‘personally identifiable informa-‘‘(A) the mailing address or registration
address of an individual;‘‘(B) an electronic address (including anemail address) of an individual; or‘‘(C) the telephone number of an individual.

MUR24306 DVY

S.L.C.

777
1‘‘(D) the names of the aircraft owner or2operator, if the owner or operator is an indi-

3

vidual.’’.

4(b) CLERICAL AMENDMENT.—The analysis for chap-

5 ter 441 of title 49, United States Code, is amended by
6 adding at the end the following:‘‘44114. Privacy.’’.

7(c) CONFORMING AMENDMENT.—Section 566 of the

8 FAA Reauthorization Act of 2018 (49 U.S.C. 44103 note)
9 and the item relating to such section in the table of con10 tents under section 1(b) of such Act are repealed.
11

SEC. 804. ACCOUNTABILITY FOR AIRCRAFT REGISTRATION

1213NUMBERS.

(a) IN GENERAL.—Not later than 180 days after the

14 date of enactment of this Act, the Administrator shall ini15 tiate a review of the process for reserving aircraft registra16 tion numbers to ensure that such process offers an equal
17 opportunity for members of the general public to obtain18 specific aircraft registration numbers.
19(b) ASSESSMENT.—In conducting the review under

20 subsection (a), the Administrator shall assess the fol21 lowing:
22(1) Whether the use of readily available soft-

23

ware to prevent computer or web-based auto-fill sys-

24

tems from reserving aircraft registration numbers inMUR24306 DVY

S.L.C.

778
1

bulk would improve participation in the reservation2

process by the general public.

3(2) Whether a limit should be imposed on the4number of consecutive years a person may reserve5

an aircraft registration number.

6(c) BRIEFING.—Not later than 18 months after the

7 date of enactment of this Act, the Administrator shall
8 brief the appropriate committees of Congress on the re9 view conducted under subsection (a), including any rec10 ommendations of the Administrator to improve equal par11 ticipation in the process for reserving aircraft registration
12 numbers by the general public.
13
14

SEC. 805. TIMELY RESOLUTION OF INVESTIGATIONS.

(a) IN GENERAL.—Not later than 2 years after the

15 date of issuance of a letter of investigation to any person,
16 as required by section 2(b) of the Pilot’s Bill of Rights
17 (49 U.S.C. 44703 note), the Administrator shall—
18
19
20
21

(1) make a determination regarding such investigation and pursue subsequent action; or(2) close such investigation.
(b) EXTENSION.—

22(1) IN GENERAL.—If, upon review of the facts

23and status of an investigation described in sub-24

section (a), the Administrator determines that the25time provided to make a final determination or closeMUR24306 DVY

S.L.C.

779
1

such investigation is insufficient, the Administrator

2

shall approve an extension of such investigation for3

2 years.

4(2) ADDITIONAL EXTENSIONS.—The Adminis-

5

trator may approve consecutive extensions under6

paragraph (1).

7(c) DELEGATION.—The Administrator may not dele-

8 gate the authority to approve an extension described in
9 subsection (b) to anyone other than the leadership of the
10 Administration as described in section 106(b) of title 49,
11 United States Code.
12
13

SEC. 806. ALL MAKES AND MODELS AUTHORIZATION.

(a) IN GENERAL.—

14(1) UNLIMITED LETTER OF AUTHORIZATION.—

15

Not later than 1 year after the date of enactment

16of this Act, the Administrator shall take such action17

as may be necessary to allow for the issuance of let-18

ters of authorizations to airmen with the authoriza-

19

tion for—

20(A) all types and makes of experimental

21high–performance single engine piston powered

22

aircraft; and23(B) all types and makes of experimental

24high–performance multiengine piston powered25

aircraft.

MUR24306 DVY

S.L.C.

780
1(2) REQUIREMENTS.—An individual who holds

2

a letter of authorization and applies for an author-

3

ization described in paragraph (1)(A) or (1)(B)—(A) shall be given an all-makes and models

45

authorization of—(i) experimental single–engine piston

6

powered authorized aircraft; or7(ii) experimental multiengine piston

89powered authorized aircraft;

10(B) shall hold the appropriate category

11

and class rating for the authorized aircraft;

12(C) shall hold 3 experimental aircraft au-

13

thorizations in aircraft of the same category

14

and class rating for the authorization sought;

15

and

16

(D) may become qualified in additional ex-17

perimental aircraft by completing aircraft-spe-18cific ground and flight training.

19(b) RULE OF CONSTRUCTION.—Nothing in this sec-

20 tion may be construed to disallow an individual from being
21 given both an authorization described in paragraph (1)(A)
22 and an authorization described in paragraph (1)(B).
23(c) FAILURE TO COMPLY.—

24(1) IN GENERAL.—If the Administrator fails to25

implement subsection (a) within the time period pre-

MUR24306 DVY

S.L.C.

781
1

scribed in such subsection, the Administrator shall2

brief the appropriate committees of Congress on the3status of the implementation of such subsection on

4

a monthly basis until the implementation is com-5

plete.

6(2) NO DELEGATION.—The Administrator may

7

not delegate the briefing described in paragraph (1).

89SEC. 807. RESPONSE TO LETTER OF INVESTIGATION.

Section 2(b) of the Pilot’s Bill of Rights (49 U.S.C.

10 44703 note) is amended by adding at the end the fol11 lowing:
1213‘‘(6) RESPONSE

TO LETTER OF INVESTIGA-

TION.—

14‘‘(A) IN GENERAL.—If an individual de-15

cides to respond to a Letter of Investigation de-16

scribed in paragraph (2)(B), such individual

17

may respond not later than 30 days after re-18

ceipt of such Letter, including providing written

19comments on the incident to the investigating

20

office.

21‘‘(B) CONSTRUCTION.—Nothing in this22

paragraph shall be construed to diminish the23

authority of the Administrator (as of the day

24

before the date of enactment of the FAA Reau-MUR24306 DVY

S.L.C.

782
1

thorization Act of 2024) to take emergency ac-

2tion relating to an airman certificate.’’.

3

SEC. 808. ADS-B OUT EQUIPAGE STUDY; VEHICLE-TO-VEHI-

456

CLE LINK PROGRAM.

(a) STUDY AND BRIEFING ON ADS-B OUT EQUIPAGE.—

7(1) STUDY.—Not later than 90 days after the8date of enactment of this Act, the Administrator

9

shall initiate a study to determine—

10(A) the number of aircraft registered in

11

the United States, and any other aerial vehicles

12

operating in the airspace of the United States,

13

that are not equipped with Automatic Depend-

14

ent Surveillance–Broadcast out equipment (in15this section referred to as ‘‘ADS–B out’’);16(B) the requirements for, and impact of,17

expanding the dual-link architecture that is

18

used below an altitude of flight level 180;1920(C) the costs and benefits of equipage of
ADS–B out;

21(D) the costs and benefits of any accom-

22

modation made for aircraft with inoperable

23

ADS–B out;

MUR24306 DVY

S.L.C.

783
1(E) reasons why aircraft owners choose not2

to equip or use an aircraft with ADS–B out;

3

and

4

(F) ways to further incentivize aircraft

5

owners to equip and use aircraft with ADS–B

6

out.

7

(2) BRIEFING.—Not later than 1 year after the8date of enactment of this Act, the Administrator

9

shall brief the appropriate committees of Congress10

on the results of the study conducted under para-

11

graph (1).

12(b) VEHICLE-TO-VEHICLE LINK PROGRAM.—Not

13 later than 270 days after the date of enactment of this
14 Act, the Administrator, in coordination with the Adminis15 trator of the National Aeronautics and Space Administra16 tion and the Chair of the Federal Communications Com17 mission, shall establish an interagency coordination pro18 gram to advance vehicle-to-vehicle link initiatives that—
19
20
21
22

(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.

MUR24306 DVY

S.L.C.

784
1
2
3

SEC. 809. ENSURING SAFE LANDINGS DURING OFF-AIRPORT OPERATIONS.

The Administrator shall not apply section 91.119 of

4 title 14, Code of Federal Regulations, in any manner that
5 requires a pilot to continue a landing that is unsafe.
6

SEC. 810. DEVELOPMENT OF LOW-COST VOLUNTARY ADS–B.

7(a) IN GENERAL.—Not later than 2 years after the

8 date of enactment of this Act, the Administrator shall pre9 pare a report on the development of a suitable position
10 reporting system for voluntary use in covered airspace to
11 facilitate traffic awareness.
12(b) TECHNICAL ADVICE.—In preparing the report

13 under subsection (a), the Administrator shall solicit tech14 nical advice from representatives from—
15
16
17

(1) industry groups, including pilots, aircraft
owners, avionics manufacturers; and(2) any others determined necessary by the Ad-

18

ministrator.

19(c) REQUIREMENTS.—In preparing the report under

20 subsection (a), the Administrator shall—
21(1) research and catalog domestic and inter-

22

national equipment, standards, and systems analo-

23

gous to ADS–B available as of the date on which the24report is completed;MUR24306 DVY

S.L.C.

785
1(2) address strengths and weaknesses of such2

equipment, standards, and systems, including with3

respect to cost;

4(3) to enable the development and voluntary use

5of portable, installed, low-cost position reporting sys-

6tems for use in covered airspace—

7(A) provide recommendations on any regu-

8

latory and procedural changes to be taken by

9

the Administrator or other Federal entities; and

10(B) describe any equipment, standards,

11

and systems that may need to be developed with12

respect to such reporting systems;

13(4) determine market size, development costs,

14

and barriers that may need to be overcome for the15

development of technology that enables such position

16

reporting systems in covered airspace; and

17(5) include a communication strategy that—

18(A) targets potential users of such position

19

reporting systems as soon as such technology is20

available for commercial use; and21(B) promotes the benefits of the voluntary22

use in covered airspace of position reporting

23

systems to enhance traffic awareness.

24(d) REPORT TO CONGRESS.—Not later than 30 days

25 after the date on which the report prepared under sub-

MUR24306 DVY

S.L.C.

786
1 section (a) is finalized, the Administrator shall submit to
2 the appropriate committees of Congress the report pre3 pared under subsection (a).
4(e) DEFINITIONS.—In this section:

5(1) COVERED AIRSPACE.—The term ‘‘covered

6

airspace’’ means airspace for which the use of ADS–

7

B out equipment on an aircraft is not required

8

under section 91.225 of title 14, Code of Federal

9Regulations,

10
11
12
13

(2) ADS–B.—The term ‘‘ADS–B’’ means Automatic Dependent Surveillance–Broadcast.
SEC. 811. AIRSHOW SAFETY TEAM.

(a) IN GENERAL.—Not later than 180 days after the

14 date of enactment of this Act, the Administrator may, as
15 determined necessary by the Administration, coordinate
16 with the General Aviation Joint Safety Committee to es17 tablish an Airshow Safety Team focused on airshow and
18 aerial event safety.
19(b) OBJECTIVE.—The objective of the Airshow Safety

20 Team described in subsection (a) shall be to—21(1) serve as a mechanism for Federal Govern-

22

ment and industry cooperation, communication, and23

coordination on airshow and aerial event safety; andMUR24306 DVY

S.L.C.

787
1(2) reduce airshow and aerial event accidents

2

and incidents through non-regulatory, proactive safe-

3

ty strategies.

4(c) ACTIVITIES.—In carrying out the objectives pur-5 suant to subsection (b), the Airshow Safety Team shall,
6 at a minimum—
7(1) perform an analysis of airshow and aerial

8

event accidents and incidents in conjunction with the9

Safety Analysis Team;10(2) publish and update every 2 years after ini-

11

tial publication an Airshow Safety Plan that incor-

12

porates consensus based and data driven mitigation

13

measures and non-regulatory safety strategies to im-

14

prove and promote safety of the public, performers,

15

and airport personnel; and1617(3) engage the airshow and aerial event community to—18(A) communicate non-regulatory, proactive

19

safety strategies identified by the Airshow Safe-20

ty Plan to mitigate incidents; and

21
22
23

(B) discuss best practices to uphold andmaintain safety at events.
(d) MEMBERSHIP.—The Administrator may request

24 the Airshow Safety Team be comprised of at least 10 indi25 viduals, each of whom shall have knowledge or a back-MUR24306 DVY

S.L.C.

788
1 ground in the planning, execution, operation, or manage2 ment of an airshow or aerial event.
3(e) MEETINGS.—The Airshow Safety Team shall4 meet at least twice a year at the direction of the co-chairs
5 of the General Aviation Joint Safety Committee.
6(f) CONSTRUCTION.—Nothing in this section shall be

7 construed to require an amendment to the charter of the
8 General Aviation Joint Safety Committee.
9SEC. 812. AIRCRAFT REGISTRATION VALIDITY DURING RE-

10
11

NEWAL.

(a) IN GENERAL.—Section 44103 of title 49, United

12 States Code, is amended by adding at the end the fol13 lowing:
14‘‘(e) VALIDITY OF AIRCRAFT REGISTRATION DURING

15 RENEWAL.—
16‘‘(1) IN GENERAL.—An aircraft may be oper-

17

ated on or after the expiration date found on the18

certificate of registration issued for such aircraft

19

under this section as if it were not expired if the op-20

erator of such aircraft has aboard the aircraft—

21‘‘(A) documentation validating that—22‘‘(i) an aircraft registration renewal

23

application form (AC Form 8050–1B, or a24

succeeding form) has been submitted toMUR24306 DVY

S.L.C.

789
1

the Administrator for such aircraft but not2

yet approved or denied; and3‘‘(ii) such aircraft is compliant with4

maintenance, inspections, and any other5

requirements for the aircraft’s airworthi-

6

ness

7

44704(d); and8‘‘(B) the most recent aircraft registration.

9‘‘(2) PROOF OF PENDING RENEWAL APPLICA-

10

TION.—The Administrator shall provide an applicant

11

for renewal of registration under this section with

12

documentation described in paragraph (1)(A). Such13

documentation shall—

certificate

issuedunder

section14‘‘(A) be made electronically available to the15

applicant immediately upon submitting an air-16

craft registration renewal application to the17

Civil Aviation Registry for an aircraft;1819‘‘(B) notify the applicant of the operational
allowance described in paragraph (1);20‘‘(C) deem an aircraft’s airworthiness cer-

21

tificate issued under section 44704(d) as valid

22

provided that the applicant confirms acknowl-

23

edgment of the requirements of paragraph

24(1)(A)(ii);MUR24306 DVY

S.L.C.

790
1‘‘(D) confirm the applicant acknowledged

2

the limitations described in paragraph (3)(A)3and (3)(B); and4‘‘(E) include identifying information per-5taining to such aircraft and to the registered6

owner.

7‘‘(3) RULE

OF

CONSTRUCTION.—Nothingin8

this subsection shall be construed to permit any per-9

son to operate an aircraft—

10‘‘(A) with an expired registration, except

11

as specifically provided for under this sub-12

section; or

13‘‘(B) if the Administrator has denied an

14

application to renew the registration of such15

aircraft.’’.

16(b) RULEMAKING; GUIDANCE.—Not later than 36

17 months after the date of enactment of this Act, the Ad18 ministrator shall issue a final rule, if necessary, and up19 date all applicable guidance and policies to implement the
20 amendment made by this section.
21
22

SEC. 813. TEMPORARY AIRMAN CERTIFICATES.

Section 44703 of title 49, United States Code, is

23 amended by adding at the end the following:24‘‘(l) TEMPORARY AIRMAN CERTIFICATE.—An indi-

25 vidual may obtain a temporary airman certificate from theMUR24306 DVY

S.L.C.

791
1 Administrator after requesting a permanent replacement
2 airman certificate issued under this section. A temporary
3 airman certificate shall be—4‘‘(1) made available—

5‘‘(A) electronically to the individual imme-

6

diately upon submitting an online application

7

for a replacement certificate to the Adminis-

8

trator; or‘‘(B) physically to the individual at a flight9
10

standards district office—11‘‘(i) if the individual submits an online

12

application for a replacement certificate; or13‘‘(ii) if the individual applies for a

14

permanent replacement certificate other15

than by online application and such appli-

16

cation has been received by the Federal

17

Aviation Administration; and18‘‘(2) destroyed upon receipt of the permanent

19

replacement airman certificate from the Adminis-

20

trator.’’.

21
22

SEC. 814. LETTER OF DEVIATION AUTHORITY.

(a) IN GENERAL.—A flight instructor, registered

23 owner, lessor, or lessee of a covered aircraft shall not be
24 required to obtain a letter of deviation authority from theMUR24306 DVY

S.L.C.

792
1 Administrator to allow, conduct, or receive flight training,
2 checking, and testing in such aircraft if—
34(1) the flight instructor is not providing boththe training and the aircraft;

5(2) no person advertises or broadly offers the6aircraft as available for flight training, checking, or7

testing; and8(3) no person receives compensation for use of9

the aircraft for a specific flight during which flight10

training, checking, or testing was received, other11

than expenses for owning, operating, and maintain-

12

ing the aircraft.

13(b) COVERED AIRCRAFT DEFINED.—In this section,

14 the term ‘‘covered aircraft’’ means—
15(1) an experimental category aircraft;

16(2) a limited category aircraft; and17(3) a primary category aircraft.

18

SEC. 815. BASICMED FOR EXAMINERS ADMINISTERING19

TESTS OR PROFICIENCY CHECKS.

2021(a) EQUIVALENT PILOT-IN-COMMAND MEDICAL REQUIREMENTS.—Notwithstanding

section 61.23(a)(3)(iv)

22 of title 14, Code of Federal Regulations, an examiner may
23 administer a practical test or proficiency check if such ex24 aminer meets the medical qualification requirements
25 under part 68 of title 14, Code of Federal Regulations,MUR24306 DVY

S.L.C.

793
1 if the operation being conducted is in a covered aircraft,
2 as such term is defined in section 2307(j) of the FAA Ex3 tension, Safety, and Security Act of 2016 (49 U.S.C.
4 44703 note).
5(b) RULEMAKING.—Not later than 3 years after the

6 date of enactment of this Act, the Administrator shall
7 issue a final rule to update part 61 of title 14, Code of
8 Federal Regulations, to implement the requirements under
9 subsection (a), in addition to any related requirements the
10 Administrator finds are in the interest of aviation safety.
11
12SEC. 816. DESIGNEE LOCATOR TOOL IMPROVEMENTS.

Not later than 3 years after the date of enactment

13 of this Act, the Administrator shall ensure that the des14 ignee locator search function of the public website of the
15 Designee Management System of the Administration has
16 the functionality to—
17(1) filter a search for an Aviation Medical Ex-

18

aminer (as described in section 183.21 of title 14,19

Code of Federal Regulations) by sex, if such infor-

20

mation is available;

21(2) display credentials and aircraft qualifica-

22

tions of a designated pilot examiner (as described in

23

section 183.23 of such title); and24(3) display the scheduling availability of a des-25

ignated pilot examiner (as described in section

MUR24306 DVY

S.L.C.

7941

183.23 of such title) to administer a test or pro-2

ficiency check to an airman.

3

SEC. 817. DEADLINE TO ELIMINATE AIRCRAFT REGISTRA-

4
5

TION BACKLOG.

Not later than 180 days after the date of enactment

6 of this Act, the Administrator shall take such actions as
7 may be necessary to reduce and maintain the aircraft reg8 istration and recordation backlog at the Civil Aviation
9 Registry so that, on average, applications are processed
10 not later than 10 business days after receipt.
11
12SEC. 818. PART 135 AIR CARRIER CERTIFICATE BACKLOG.

(a) IN GENERAL.—The Administrator shall take such

13 actions as may be necessary to achieve the goal of reduc14 ing the backlog of air carrier certificate applications under
15 part 135 of title 14, Code of Federal Regulations, to—16(1) not later than 1 year after the date of en-

17

actment of this Act, maintain an average application18

acceptance or rejection time of less than 60 days;

19

and

20

(2) not later than 2 years after the date of en-

21

actment of this Act, maintain an average application22

acceptance or rejection time of less than 30 days.

23(b) MEASURES.—In meeting the goal under sub-24 section (a), the Administrator may—

MUR24306 DVY

S.L.C.

795
1(1) assign, as appropriate, additional personnel

2

or support staff, including on a temporary basis, to3

review, adjudicate, and approve applications;

4(2) improve and expand promotion of existing

5

applicant resources which could improve the quality

6

of applications submitted to decrease the need for

7

Administration applicant coordination and commu-

8

nications; and

9(3) take into consideration any third-party enti-

10ty that assisted in the preparation of an application

11

for an air carrier certificate under part 135 of title

12

14, Code of Federal Regulations.

13

(c)

CONGRESSIONAL

BRIEFING.—Beginning6

14 months after the date of enactment of this Act, and not
15 less than every 6 months thereafter until the Adminis16 trator complies with the requirements under subsection
17 (a)(2), the Administrator shall provide a briefing to appro18 priate committees of Congress on the status of the backlog
19 of air carrier certificate applications under part 135 of
20 title 14, Code of Federal Regulations, any measures the
21 Administrator has put in place under subsection (b).
22

SEC. 819. ENHANCING PROCESSES FOR AUTHORIZING AIR-

23

CRAFT FOR SERVICE IN COMMUTER AND ON-

24

DEMAND OPERATIONS.

25(a) ESTABLISHMENT OF WORKING GROUP.—MUR24306 DVY

S.L.C.

796
1(1) IN GENERAL.—Not later than 180 days

2

after the date of enactment of this Act, the Adminis-

3

trator shall establish a part 135 aircraft conformity

4

working group (in this section referred to as the5‘‘Working Group’’).

6(2)

REQUIREMENTS.—TheWorkingGroup

7shall study methods and make recommendations to

8clarify requirements and standardize the process for

9

conducting and completing aircraft conformity proc-

10

esses in a timely manner for existing operators and11

air carriers operating aircraft under part 135 and12entering such aircraft into service.

13(b) MEMBERSHIP.—The Working Group shall be

14 comprised of representatives of the FAA, existing opera15 tors and air carriers operating aircraft under part 135,
16 associations or trade groups representing such operators
17 or air carriers, and, as appropriate, labor groups rep18 resenting employees of air carriers operating under part
19 135.
20(c) DUTIES.—The Working Group shall consider all

21 aspects of the FAA processes as of the date of enactment
22 of this Act for ensuring aircraft conformity and make rec23 ommendations to enhance such processes, including with
24 respect to—MUR24306 DVY

S.L.C.

797
1(1) methodologies for air carriers and operators2

to document and attest to aircraft conformity in ac-

3

cordance with the requirements of part 135;4(2) streamlined protocols for operators and air

5carriers operating aircraft under part 135 to add an

6

aircraft that was listed on another part 135 certifi-

7cate immediately prior to moving to a new air car-8rier or operator; and

9(3) changes to FAA policy and documentation

10

necessary to implement the recommendations of the11

Working Group.

12(d) CONGRESSIONAL BRIEFING.—Not later than 1

13 year after the date on which the Administrator establishes
14 the Working Group, the Administrator shall brief the ap15 propriate committees of Congress on the progress made16 by the Working Group in carrying out the duties specified
17 in subsection (c), recommendations of the Working Group,
18 and the efforts of the Administrator to implement such
19 recommendations.
20(e) DEFINITION OF PART 135.—In this section, the21 term ‘‘part 135’’ means part 135 of title 14, Code of Fed22 eral Regulations.
23
24

SEC. 820. FLIGHT INSTRUCTOR CERTIFICATES.

Not later than 18 months after the date of enactment

25 of this Act, the Administrator shall issue a final rule forMUR24306 DVY

S.L.C.

798
1 the rulemaking activity titled ‘‘Removal of the Expiration
2 Date on a Flight Instructor Certificate’’, published in Fall
3 2022 in the Unified Agenda of Federal Regulatory and4 Deregulatory Actions (RIN 2120–AL25) to, at a min5 imum, update part 61 of title 14, Code of Federal Regula6 tions, to—(1) remove the expiration date on a flight in-7

structor certificate; and89(2) replace the requirement that a flight in-10

structor renews their flight instructor certificate

11with appropriate recent experience requirements for12

the holder of a flight instructor certificate to exer-

13

cise the privileges of such certificate.

14

SEC.

821.

CONSISTENCYOF

POLICYAPPLICATIONIN

15

FLIGHT STANDARDS AND AIRCRAFT CERTIFI-

16

CATION.

17(a) IN GENERAL.—The inspector general of the De-

18 partment of Transportation shall initiate audits, as de19 scribed in subsection (d), of the Flight Standards and Air20 craft Certification Services of the FAA, and the personnel
21 of such offices, on the consistency of—
22
23
24
25

(1) the interpretation of policies, orders, guidance, and regulations; and(2) the application of policies, orders, guidance,and regulations.

MUR24306 DVY

S.L.C.

799
1(b) COMPONENTS.—In completing the audits re-

2 quired under this section, the inspector general shall inter3 view stakeholders, including at a minimum, individuals or
4 entities that—56(1) hold a certificate or authorization related tothe issue being audited under subsection (d);7(2) are from different regions of the country

8

with matters before different flight standards dis-9

trict offices or before different FAA Flight Stand-10

ards Service and Aircraft Certification Service of-11fices;

12(3) work with multiple flight standards district

13

offices or aircraft certification offices of the Admin-

14

istration; or

15(4) hold a single or multiple relevant certifi-

16

cates or authorizations.

17(c) REPORTS.—The inspector general of the Depart-18 ment of Transportation shall submit to the appropriate
19 committees of Congress, the Secretary, and the Adminis20 trator a report for each audit required in this section, con21 taining the results of the audit, including findings and22 necessary recommendations to the Administrator to im23 prove the consistency of decision-making by Flight Stand24 ards and Aircraft Certification Services offices of the Ad25 ministration.

MUR24306 DVY

S.L.C.

8001(d) AUDITS.—The inspector general shall complete

2 an audit and issue the associated report required under3 subsection (c) not later than—
4(1) 18 months after the date of enactment of

5

this Act, with regard to supplemental type certifi-

6cates;

7(2) 34 months after the date of enactment of

8

this Act, with regard to repair stations certificated9under part 145 of title 14, Code of Federal Regula-

10

tions; and11(3) 50 months after the date of enactment of

12

this Act, with regard to technical standards orders.

13(e) IMPLEMENTATION.—In addressing any rec-14 ommendations from the inspector general contained in the
15 reports required under subsection (c), the Administrator
16 may—17(1) maintain an implementation plan; and18(2) broadly adopt any best practices to improve19

the consistency of interpretation and application of20

policies, orders, guidance, and regulations by other21

offices of the Administration and with regard to22

other activities of the Administration.

23(f) BRIEFING.—Not later than 6 months after receiv-

24 ing a report required under subsection (c), the Adminis25 trator shall brief the appropriate committees of Congress

MUR24306 DVY

S.L.C.

801
1 on the implementation plan required under subsection (d),2 the status of any recommendation received pursuant to3 this section, and any best practices that are being imple4 mented more broadly.
5
6
7

SEC. 822. APPLICATION OF POLICIES, ORDERS, AND GUIDANCE.

Section 44701 of title 49, United States Code, is

8 amended by adding at the end the following:
9‘‘(h) POLICIES, ORDERS, AND GUIDANCE.—

10‘‘(1) CONSISTENCY OF APPLICATION.—The Ad-

11ministrator shall ensure consistency in the applica-

12tion of policies, orders, and guidance of the Adminis-

13

tration by—

14‘‘(A) audits of the application and inter-15

pretation of such material by Administration

16

personnel from person to person and office to17

office;18‘‘(B) updating policies, orders, and guid-19

ance to resolve inconsistencies and clarify dem-

20

onstrated ambiguities, such as through repeated21

inconsistent interpretation; and22‘‘(C) ensuring officials are properly docu-

23

menting findings and decisions throughout a24

project to decrease the occurrence of duplicativeMUR24306 DVY

S.L.C.

802
1

work and inconsistent findings by subsequent2

officials assigned to the same project.

3‘‘(2) ALTERATIONS.—The Administrator shall4

consult as appropriate with regulated entities who

5will be impacted by proposed changes to the content

6

or application of policies, orders, and guidance be-7fore making such changes.

8‘‘(3) AUTHORITIESAND REGULATIONS.—The

9

Administrator shall issue policies, orders, and guid-10

ance documents that are related to a law or regula-

11

tion or clarify the intent of or compliance with spe-

12cific laws and regulations.’’.

13
14
15

SEC. 823. EXPANSION OF THE REGULATORY CONSISTENCYCOMMUNICATIONS BOARD.

Section 224 of the FAA Reauthorization Act of 2018

16 (49 U.S.C. 44701 note) is amended—
17
18
19
20
21
22

(1) in subsection (c)—(A) in paragraph (2) by striking ‘‘; and’’
and inserting a semicolon;(B) in paragraph (3) by striking the period
and inserting a semicolon; and(C) by adding at the end the following:

23‘‘(4) the Office of Airports;

24‘‘(5) the Office of Security and Hazardous Ma-

25

terials Safety;MUR24306 DVY

S.L.C.

803
1
2
3
4
5

‘‘(6) the Office of Rulemaking and Regulatory
Improvement; and‘‘(7) such other offices as the Administrator determines appropriate.’’; and(2) in subsection (d)(1)—6(A) in subparagraph (A) by striking

7‘‘anonymous regulatory interpretation ques-8

tions’’ and inserting ‘‘regulatory interpretation

9questions, including anonymously,’’;10(B) in subparagraph (C) by striking

11‘‘anonymous regulatory interpretation ques-12

tions’’ and inserting ‘‘regulatory interpretation

13

questions, including anonymously’’; and14(C) by adding at the end the following:

15‘‘(6) Submit recommendations, as needed, to

16

the Assistant Administrator for Rulemaking and

17

Regulatory Improvement for consideration.’’.

18
19
20

SEC. 824. MODERNIZATION OF SPECIAL AIRWORTHINESSCERTIFICATION RULEMAKING DEADLINE.

Not later than 24 months after the date of enactment

21 of this Act, the Administrator shall issue a final rule for
22 the rulemaking activity titled ‘‘Modernization of Special
23 Airworthiness Certification’’, published in Fall 2022 in the
24 long-term actions of the Unified Agenda of Federal Regu25 latory and Deregulatory Actions (RIN 2120–AL50).

MUR24306 DVY

S.L.C.

804
1

SEC. 825. EXCLUSION OF GYROPLANES FROM FUEL SYSTEM

2
3

REQUIREMENTS.

Section 44737 of title 49, United States Code, is

4 amended—56(1) by striking ‘‘rotorcraft’’ and inserting ‘‘helicopter’’ each place it appears;

7(2) in the heading for paragraph (2) of sub-8

section (a) by striking ‘‘ROTORCRAFT’’ and inserting

9‘‘HELICOPTER’’; and1011(3) by adding at the end the following:‘‘(d) EXCEPTION.—A helicopter issued an experi-

12 mental certificate under section 21.191 of title 14, Code
13 of Federal Regulations (or any successor regulations), or
14 operating under a Special Flight Permit issued under sec15 tion 21.197 of title 14, Code of Federal Regulations (or16 any successor regulations), is excepted from the require17 ments of this section.’’.
18

SEC. 826. PUBLIC AIRCRAFT FLIGHT TIME LOGGING ELIGI-

19
20

BILITY.

(a) FORESTRY AND FIRE PROTECTION FLIGHT TIME

21 LOGGING.—
22(1) IN GENERAL.—Notwithstanding any other23

provision of law, aircraft under the direct oper-

24

ational control of forestry and fire protection agen-25

cies are eligible to log pilot flight times, if the flight26

time was acquired by the pilot while engaged on anMUR24306 DVY

S.L.C.

8051

official forestry or fire protection flight, in the same2

manner as aircraft under the direct operational con-3

trol of a Federal, State, county, or municipal law en-

4

forcement agency.

5(2) RETROACTIVE

APPLICATION.—Paragraph

6(1) shall be applied as if enacted on October 8,

7

2018.

8

(b) REGULATIONS.—Not later than 180 days after

9 the date of enactment of this Act, the Administrator shall
10 make such regulatory changes as are necessary to conform
11 to the requirements of this section.
12
13

SEC. 827. EAGLE INITIATIVE.

(a) EAGLE INITIATIVE.—

14(1) IN GENERAL.—The Administrator shall con-15

tinue to partner with industry and other Federal

16

Government stakeholders in carrying out the Elimi-

17

nate Aviation Gasoline Lead Emissions Initiative (in18this section referred to as the ‘‘EAGLE Initiative’’)19through the end of 2030.

20(2) FAA RESPONSIBILITIES.—In collaborating

21

with industry and other Government stakeholders to22carry out the EAGLE Initiative, the Administrator

23

shall take such actions as may be necessary under24

the authority of the Administrator to facilitate—

MUR24306 DVY

S.L.C.

806
1(A) the safe elimination of the use of lead-2

ed aviation gasoline by piston-engine aircraft by3

the end of 2030 without adversely affecting the4safe and efficient operation of the piston-engine

5

aircraft fleet;

6(B) the approval of the use of unleaded al-

7

ternatives to leaded aviation gasoline for use in8

all piston-engine aircraft types and piston-en-

9gine models;

10(C) the implementation of the require-

11

ments of section 47107(a)(22) of title 49,

12

United States Code, as added by this Act, as

13such requirements relate to the continued avail-14

ability of aviation gasoline;

15(D) efforts to make unleaded aviation gas-

16

oline that is approved for use in piston-engine

17

aircraft and engines widely available for pur-18

chase and use at airports in the National Plan

19

of Integrated Airport Systems; and20(E) the development of a transition plan to21

safely enable the transition of the piston-engine

22

general aviation aircraft fleet to unleaded avia-

23

tion gasoline by 2030, to the extent practicable.

MUR24306 DVY

S.L.C.

807
1(3) ACTIVITIES.—In carrying out the respon-

2

sibilities of the Administrator pursuant to paragraph3(2), the Administrator shall, at a minimum—

4(A) maintain a fleet authorization process5

for the efficient approval or authorization of eli-

6gible piston-engine aircraft and engine models

7

to operate safely using qualified unleaded avia-

8tion gasolines;(B) review, update, and prioritize, as soon

9
10

as

practicable,

certification

processes

and11

projects, as necessary, for aircraft engines and12

modifications to such engines to operate with13

unleaded aviation gasoline;

14(C) seek to facilitate programs that accel-

15

erate the creation, evaluation, qualification, de-16

ployment, and use of unleaded aviation gaso-

17

lines;

18(D) carry out, in partnership with the gen-19eral aviation community, an ongoing campaign

20

for training and educating aircraft owners and21

operators on how to safely transition to un-

22

leaded aviation gasoline;

23(E) evaluate aircraft and aircraft engines

24

to ensure that such aircraft and aircraft en-

25

gines can safely operate with unleaded aviation

MUR24306 DVY

S.L.C.

808
1

gasoline candidates during cold weather condi-

2

tions; and3(F) facilitate the development of agency

4

policies and processes, as appropriate, to sup-5

port the deployment of necessary infrastructure

6

at airports to enable the distribution and stor-

7

age of unleaded aviation gasolines.

8(4) CONSULTATION AND COLLABORATION WITH

9

RELEVANT STAKEHOLDERS.—In

carrying out the10

EAGLE Initiative, the Administrator shall continue

11

to consult and collaborate, as appropriate, with rel-12

evant stakeholders, including—

13(A) general aviation aircraft engine, air-14

craft propulsion, and aircraft airframe manu-

15

facturers;(B) general aviation aircraft users, aircraft16
17

owners, aircraft pilots, and aircraft operators;

18(C) airports and fixed-base operators;

19(D) State, local, and Tribal aviation offi-

20

cials;

21(E) representatives of the petroleum indus-

22

try, including developers, refiners, producers,

23

and distributors of unleaded aviation gasolines;

24

and

MUR24306 DVY

S.L.C.

809
1(F) air carriers and commercial operators

2

operating under part 135 of title 14, Code of3

Federal Regulations.

4(5) REPORT TO CONGRESS.—

5(A) INITIAL REPORT.—Not later than 1

6year after the date of enactment of this Act, the7

Administrator shall submit to the appropriate

8committees of Congress a report that—

9(i) contains an updated strategic plan10

for maintaining a fleet authorization proc-

11

ess for the efficient approval and author-

12

ization of eligible piston-engine aircraft

13

and engine models to operate using un-

14

leaded aviation gasolines in a manner that15

ensures safety;

16(ii) describes the structure and in-17

volvement of all FAA offices that have re-18

sponsibilities described in paragraph (2);

19

and

20

(iii) identifies policy initiatives, regu-

21

latory initiatives, or legislative initiatives

22

needed to improve and enhance the timely

23

and safe transition to unleaded aviation

24

gasoline for the piston-engine aircraft fleet.

MUR24306 DVY

S.L.C.

810
1(B) ANNUAL BRIEFING.—Not later than 1

2

year after the date on which the Administrator

3

submits the initial report under subparagraph

4(A), and annually thereafter through 2030, the5Administrator shall brief the appropriate com-6

mittees of Congress on activities and progress

7of the EAGLE Initiative.

8(C) SUNSET.—Subparagraph (B) shall9

cease to be effective after December 31, 2030.

10(b) TRANSITION PLANTO

UNLEADED AVIATION

11 GASOLINE.—
12(1) IN GENERAL.—In developing the transition

13

plan under subsection (a)(2)(E), the Administrator

14

may, at a minimum, assess the following:

15
16(A) Efforts undertaken by the EAGLE
Initiative, including progress towards—

17(i) safely eliminating the use of leaded

18

aviation gasoline by piston-engine aircraft

19by the end of 2030 without adversely af-

20fecting the safe and efficient operation of21

the piston-engine aircraft fleet;

22(ii) approving the use of unleaded al-

23

ternatives to leaded aviation gasoline for24

use in all piston-engine aircraft types and25

piston-engine models; andMUR24306 DVY

S.L.C.

811
1(iii) facilitating efforts to make ap-

2

proved unleaded aviation gasoline that is3

approved for use in piston-engine aircraft

4and engines widely available at airports for5purchase and use in the National Plan of

6

Integrated Airport Systems.

7(B) The evaluation and development of

8

necessary airport infrastructure, including fuel9

storage and dispensing facilities, to support the10

distribution and storage of unleaded aviation

11

gasoline.

12(C) The establishment of best practices for

13

piston-engine aircraft owners and operators,

14

airport operators and personnel, aircraft main-

15

tenance technicians, and other appropriate per-16

sonnel for protecting against exposure to lead

17

containment when—

18(i) conducting fueling operations;

19(ii) disposing of inspected gasoline

20

samples;(iii) performing aircraft maintenance;

21
22

and

23

(iv) conducting engine run-ups.

24(D) Efforts to address supply chain and25

other logistical barriers inhibiting the timely

MUR24306 DVY

S.L.C.

812
1

distribution of unleaded aviation gasoline to air-2

ports.

3(E) Outreach efforts to educate and up-

4date piston-engine aircraft owners and opera-

5

tors, airport operators, and other members of6

the general aviation community on the potential

7

benefits, availability, and safety of unleaded

8

aviation gasoline.

9(2) PUBLICATION; GUIDANCE.—Upon comple-

10tion of developing such transition plan, the Adminis-

11

trator shall—(A) make the plan available to the public

1213

on an appropriate website of the FAA; and(B) provide guidance supporting the imple-

14
15

mentation of the transition plan.

16

(3)

COLLABORATION

WITH

EAGLE

INITIA-

17

TIVE.—In supporting the development of such tran-

18

sition plan and issuing associated guidance per-19

taining to the implementation of such transition

20

plan, the Administrator shall consult and collaborate

21

with individuals carrying out the EAGLE Initiative.

22(4) UNLEADEDAVIATION GASOLINE COMMU-

23

NICATION MATERIALS.—The Administrator may col-24

laborate with individuals carrying out the EAGLE

25

Initiative to jointly develop and continuously updateMUR24306 DVY

S.L.C.

813
1

websites, brochures, and other communication mate-2

rials associated with such transition plan to clearly3

convey the availability of unleaded aviation gasoline

4

at airports.

5(5) BRIEFING TO CONGRESS.—Not later than

6

60 days after the publication of such transition plan,7

the Administrator shall brief the appropriate com-8

mittees of Congress on such transition plan and any

9agency efforts or actions pertaining to the implemen-

10tation of such transition plan.

11(6) SAVINGS CLAUSE.—Nothing in this section

12

shall be construed to delay or alter the ongoing work

13of the EAGLE Initiative established by the Adminis-

14

trator in 2022.

15
16SEC. 828. EXPANSION OF BASICMED.

(a) IN GENERAL.—Section 2307 of the FAA Exten-

17 sion, Safety, and Security Act of 2016 (49 U.S.C. 44703
18 note) is amended—19(1) in subsection (a)—(A) by striking paragraph (2) and insert-

20
21

ing the following:

22‘‘(2) the individual holds a medical certificate

23

issued by the Federal Aviation Administration or24

has held such a certificate at any time after July 14,

25

2006;’’;

MUR24306 DVY

S.L.C.

814(B) in paragraph (7) by inserting ‘‘cal-1
2

endar’’ before ‘‘months’’; and(C) in paragraph (8)(A) by striking ‘‘5’’

3
4

and inserting ‘‘6’’;

5(2) in subsection (b)(2)(A)(i) by inserting ‘‘(or67

any successor form)’’ after ‘‘(3–99)’’;(3) by striking subsection (h) and inserting the8following:

9‘‘(h) REPORT REQUIRED.—Not later than 4 years

10 after the date of enactment of the FAA Reauthorization
11 Act of 2024, the Administrator, in coordination with the
12 National Transportation Safety Board, shall submit to the
13 Committee on Transportation and Infrastructure of the
14 House of Representatives and the Committee on Com15 merce, Science, and Transportation of the Senate a report
16 that describes the effect of the regulations issued or re17 vised under subsection (a) and includes statistics with re18 spect to changes in small aircraft activity and safety inci19 dents.’’; and20(4) by striking subsection (j) and inserting the21

following:

22‘‘(j) COVERED AIRCRAFT DEFINED.—In this section,

23 the term ‘covered aircraft’ means an aircraft that—2425‘‘(1) is authorized under Federal law to carry
not more than 7 occupants;

MUR24306 DVY

S.L.C.

81512‘‘(2) has a maximum certificated takeoff weightof not more than 12,500 pounds; and3‘‘(3) is not a transport category rotorcraft cer-4

tified to airworthiness standards under part 29 of5

title 14, Code of Federal Regulations.’’.

6(b) RULEMAKING.—The Administrator shall update

7 regulations in parts 61 and 68 of title 14, Code of Federal
8 Regulations, as necessary, to implement the amendments
9 made by this section.
10(c) APPLICABILITY.—Beginning on the date that is

11 180 days after the date of enactment of this Act, the Ad12 ministrator shall apply parts 61 and 68, Code of Federal
13 Regulations, in a manner reflecting the amendments made14 by this section.
15
16
17

SEC. 829. PROHIBITION ON USING ADS–B OUT DATA TO INITIATE AN INVESTIGATION.

Section 46101 of title 49, United States Code, is

18 amended by adding at the end the following:
19‘‘(c) PROHIBITION ON USING ADS–B OUT DATA TO

20 INITIATE AN INVESTIGATION.—
21‘‘(1) IN GENERAL.—Notwithstanding any other22

provision of this section, the Administrator of the

23

Federal Aviation Administration may not initiate an

24

investigation (excluding a criminal investigation) ofMUR24306 DVY

S.L.C.

8161

a person based exclusively on automatic dependent2

surveillance–broadcast data.

3‘‘(2) RULE

OF

CONSTRUCTION.—Nothingin4

this subsection shall prohibit the use of automatic5

dependent surveillance–broadcast data in an inves-

6

tigation that was initiated for any reason other than7

the review of automatic dependent surveillance–

8

broadcast data, including if such investigation was

9initiated as a result of a report or complaint sub-10

mitted to the Administrator.’’.

11

SEC. 830. CHARITABLE FLIGHT FUEL REIMBURSEMENT EX-

12

EMPTIONS.

13(a) IN GENERAL.—

14(1) VALIDITY OF EXEMPTION.—Except as oth-15

erwise provided in this subsection, an exemption

16

from section 61.113(c) of title 14, Code of Federal

17

Regulations, that is granted by the Administrator

18

for the purpose of allowing a volunteer pilot to ac-

19

cept reimbursement from a volunteer pilot organiza-

20

tion for the fuel costs and airport fees attributed to21

a flight operation to provide charitable transpor-

22

tation pursuant to section 821 of the FAA Mod-23

ernization and Reform Act of 2012 (49 U.S.C.

24

40101 note) shall be valid for 5 years.

MUR24306 DVY

S.L.C.

817
1(2) FAILING TO ADHERE.—If the Administrator2

finds an exemption holder under paragraph (1) or a

3

volunteer pilot fails to adhere to the conditions and4limitations of the exemption described under such5

paragraph, the Administrator may rescind or sus-

6pend the exemption.

7(3) NO LONGER QUALIFYING.—If the Adminis-

8

trator finds that such exemption holder no longer

9

qualifies as a volunteer pilot organization, the Ad-

10ministrator shall rescind such exemption.

11(4) FORGOING EXEMPTION.—If such exemption

12

holder informs the Administrator that such holder

13

no longer plans to exercise the authority granted by

14such exemption, the Administrator may rescind such

15

exemption.

16(b) ADDITIONAL REQUIREMENTS.—

17(1) IN GENERAL.—A volunteer pilot organiza-

18

tion may impose additional safety requirements on a

19

volunteer pilot without—

20(A) being considered—

21(i) an air carrier (as such term is de-22

fined in section 40102 of title 49, United

23

States Code); orMUR24306 DVY

S.L.C.

8181(ii) a commercial operator (as such2

term is defined in section 1.1 of title 14,3

Code of Federal Regulations); or

4(B) constituting common carriage.

5(2) SAVINGS CLAUSE.—Nothing in this sub-6

section may be construed to limit or otherwise affect7

the authority of the Administrator to regulate, as

8

appropriate, a flight operation associated with a vol-9

unteer pilot organization that constitutes a commer-

10

cial operation or common carriage.

11(c) REISSUANCE OF EXISTING EXEMPTIONS.—In re-

12 issuing an expiring exemption described in subsection (a)13 that was originally issued prior to the date of enactment
14 of this Act, the Administrator shall ensure that the re15 issued exemption—
16(1) accounts for the provisions of this section

17

and section 821 of the FAA Modernization and Re-

18

form Act of 2012 (49 U.S.C. 40101 note); and

19(2) is otherwise substantially similar to the pre-20

viously issued exemption.

21(d) STATUTORY CONSTRUCTION.—Nothing in this

22 section shall be construed to—23(1) affect the authority of the Administrator to24

exempt a pilot (exercising the private pilot privi-

25

leges) from any restriction on receiving reimburse-

MUR24306 DVY

S.L.C.

819
1

ment for the fuel costs and airport fees attributed2

to a flight operation to provide charitable transpor-

3

tation; or

4(2) impose or authorize the imposition of any

5additional requirements by the Administrator on a

6flight that is arranged by a volunteer pilot organiza-

7

tion in which the volunteer pilot—

8(A) is not reimbursed the fuel costs and9

airport fees attributed to a flight operation to

10

provide charitable flights; or

11(B) pays a pro rata share of expenses as

12

described in section 61.113(c) of title 14, Code13

of Federal Regulations.

14(e) DEFINITIONS.—In this section:

1516(1) VOLUNTEER PILOT.—The term ‘‘volunteer
pilot’’ means a person who—

17(A) acts as a pilot in command of a flight

18

operation to provide charitable transportation

19

pursuant to section 821 of the FAA Moderniza-

20

tion and Reform Act of 2012 (49 U.S.C. 40101

21note); and22(B) holds a private pilot certificate, com-23

mercial pilot certificate, or an airline transpor-

24

tation pilot certificate issued under part 61 of25

title 14, Code of Federal Regulations.

MUR24306 DVY

S.L.C.

820
1(2) VOLUNTEERPILOT ORGANIZATION.—The2

term ‘‘volunteer pilot organization’’ has the meaning

3

given such term in section 821(c) of the FAA Mod-4

ernization and Reform Act of 2012 (49 U.S.C.

5

40101 note).

67SEC. 831. GAO REPORT ON CHARITABLE FLIGHTS.

(a) REPORT.—Not later than 4 years after the date

8 of enactment of this Act, the Comptroller General shall9 initiate a review of the following:
10(1) Applicable laws, regulations, policies, legal

11

opinions, and guidance pertaining to charitable

12flights and the operations of such flights, including

13

reimbursement of fuel costs.

14(2) Petitions for exemption from the require-15

ments of section 61.113(c) of title 14, Code of Fed-16

eral Regulations, for the purpose of allowing a pilot17

to accept reimbursement for the fuel costs associated18with a flight operation to provide charitable trans-19

portation pursuant to section 821 of the FAA Mod-20

ernization and Reform Act of 2012 (49 U.S.C.

21

40101 note), including assessment of—22(A) the conditions and limitations a peti-

23

tioner shall comply with if the exemption is24

granted and whether such conditions and limi-

25

tations are—

MUR24306 DVY

S.L.C.

821(i) applied to petitioners in a con-1

sistent manner; and23(ii) commensurate with the types of

4

flight operations exemption holders propose

5

to conduct under any such exemptions;6(B) denied petitions for such an exemption

7

and the reasons for the denial of such petitions;

8and(C) the processing time of a petition for

910such an exemption.

11(3) Charitable flights conducted without an ex-

12emption from section 61.113(c) of title 14, Code of13

Federal Regulations, including an analysis of the

14certificates, qualifications, and aeronautical experi-

15

ence of the operators of such flights.

16(b) CONSULTATION.—In carrying out the review initi-

17 ated under subsection (a), the Comptroller General shall18 consult with charitable organizations, including volunteer
19 pilot organizations, aircraft owners, and pilots who volun20 teer to provide transportation for or on behalf of a chari21 table organization, flight safety experts, and employees of
22 the FAA.
23(c) RECOMMENDATIONS.—As part of the review initi-

24 ated under subsection (a), the Comptroller General shall
25 make recommendations, as determined appropriate, to theMUR24306 DVY

S.L.C.

822
1 Administrator to improve the rules, policies, and guidance
2 pertaining to charitable flight operations.
3(d) REPORT.—Upon completion of the review initi-

4 ated under subsection (a), the Comptroller General shall
5 submit to the appropriate committees of Congress a report
6 describing the findings of such review and recommenda7 tions developed under subsection (c).
89SEC. 832. FLIGHT INSTRUCTION OR TESTING.

(a) AUTHORIZED ADDITIONAL PILOTS.—An indi-

10 vidual acting as an authorized additional pilot during
11 Phase I flight testing of aircraft holding an experimental
12 airworthiness certificate, in accordance with section
13 21.191 of title 14, Code of Federal Regulations, and meet14 ing the requirements set forth in FAA regulations and pol15 icy in effect as of the date of enactment of this Act, shall
16 not be deemed to be operating an aircraft carrying persons
17 or property for compensation or hire.
18(b) USE OF AIRCRAFT.—An individual who uses,

19 causes to use, or authorizes to use aircraft for flights con20 ducted under subsection (a) shall not be deemed to be op21 erating an aircraft carrying persons or property for com22 pensation or hire.
23(c) REVISION OF RULES.—The Administrator shall,

24 as necessary, issue, revise, or repeal the rules, regulations,MUR24306 DVY

S.L.C.

823
1 guidance, or procedures of the FAA to conform to the re2 quirements of this section.
3

SEC. 833. NATIONAL COORDINATION AND OVERSIGHT OF

4DESIGNATED PILOT EXAMINERS.

5(a) IN GENERAL.—The Administrator shall establish

6 an office to provide oversight and facilitate national co7 ordination of designated pilot examiners appointed under
8 section 183.23 of title 14, Code of Federal Regulations.
9(b) RESPONSIBILITIES.—The office described in sub-

10 section (a) shall be responsible for the following:
11(1) Oversight of designated pilot examiners ap-

12

pointed under section 183.23 of title 14, Code of13

Federal Regulations.

14(2) Coordinating with other offices, as appro-

15

priate, to support the standardization of policy,

16

guidance, and regulations across the FAA pertaining

17

to the selection, training, duties, and deployment of18

designated pilot examiners appointed under section

19183.23 of title 14, Code of Federal Regulations, in-20

cluding evaluating the consistency by which such ex-

21

aminers apply Administration policies, orders, and22

guidance.

23(3) Evaluating the consistency by which such24

examiners apply FAA policies, orders, and guidance.

MUR24306 DVY

S.L.C.

824
1(4) Coordinating placement and deployment of2such examiners across regions based on demand for3

examinations from the pilot community.

4
5
6
7

(5) Developing a code of conduct for such examiners.
(6) Deploying a survey system to track the performance and merit of such examiners.

8(7) Facilitating an industry partnership to cre-9

ate a formal mentorship program for such exam-

10

iners.

11(c) COORDINATION.—In carrying out the responsibil-

12 ities listed in subsection (b), the Administrator shall en13 sure the office—14(1) coordinates on an ongoing basis with flight15

standards district offices, designated pilot examiner

16

managing specialists, and aviation industry stake-17

holders, including representatives of the general

18

aviation community; and19(2) considers whether to implement the final

20

recommendations report issued by the Designated21

Pilot Examiner Reforms Working Group and accept-

22

ed by the Aviation Rulemaking Advisory Committee23

on June 17, 2021.

24(d) REPORT.—MUR24306 DVY

S.L.C.

825
1(1) IN GENERAL.—Not later than 180 days

2

after the date of enactment of this Act, and bienni-

3ally thereafter through fiscal year 2028, the Admin-

4

istrator shall submit to the appropriate committees

5of Congress a report that evaluates the use of des-6

ignated pilot examiners appointed under section

7183.23 of title 14, Code of Federal Regulations (or8any successor regulation), for testing, including both9

written and practical tests.

1011(2) CONTENTS.—The report under paragraph(1) shall include an analysis of—

12(A) the methodology and rationale by13

which designated pilot examiners are deployed;

14(B) with respect to the previous fiscal year,15

the average time an individual in each region

16

must wait to schedule an appointment with a17designated pilot examiner;

18(C) with respect to the previous fiscal year,19

the estimated total time individuals in each re-20gion were forced to wait to schedule an appoint-

21

ment with a designated pilot examiner;

22(D) the primary reasons and best ways to23

reduce wait times described in subparagraph

24

(C);

MUR24306 DVY

S.L.C.

826(E) the number of tests conducted by des-1
2

ignated pilot examiners;

3(F) the number and percentage of avail-4

able designated pilot examiners that perform

5

such tests; and(G) the average rate of retests, including

6
7
8
9
10

of both written and practical tests.
SEC. 834. PART 135 PILOT SUPPLEMENTAL OXYGEN REQUIREMENT.

(a) IN GENERAL.—Not later than 1 year after the

11 date of enactment of this Act, the Administrator shall
12 issue a notice of proposed rulemaking concerning whether
13 to revise the requirements under paragraphs (3) and (4)14 of section 135.89(b) of title 14, Code of Federal Regula15 tions, to apply only to aircraft operating at altitudes above
16 flight level 410.
17(b) CONSIDERATIONS.—In issuing the notice of pro-

18 posed rulemaking, the Administrator shall consider appli19 cable safety data and risks, including in relation to appli20 cable incidents and accidents, as well as the investigations
21 and recommendations of the National Transportation
22 Safety Board.

MUR24306 DVY

S.L.C.

827
1
2
3
4
5
6

TITLE IX—NEW ENTRANTS ANDAEROSPACE INNOVATION
Subtitle A—Unmanned Aircraft
Systems
SEC. 901. DEFINITIONS.

Except as otherwise provided, the definitions con-

7 tained in section 44801 of title 49, United States Code,
8 apply to this subtitle.
910

SEC. 902. UNMANNED AIRCRAFT IN THE ARCTIC.

(a) IN GENERAL.—Section 44804 of title 49, United

11 States Code, is amended—
12(1) in the section heading by striking ‘‘SMALL

13

UNMANNED’’ and inserting ‘‘UNMANNED’’; and

14(2) by striking ‘‘small’’ each place it appears.

15(b) CONFORMING AMENDMENT.—The analysis for

16 chapter 448 of such title is amended by striking the item
17 relating to section 44804 and inserting the following:‘‘44804. Unmanned aircraft in the Arctic.’’.

18

SEC. 903. SMALL UAS SAFETY STANDARDS TECHNICAL COR-

19
20

RECTIONS.

Section 44805 of title 49, United States Code, is

21 amended—22(1) in the section heading by striking ‘‘SMALL

23

UNMANNED’’ and inserting ‘‘SMALL UNMANNED’’;MUR24306 DVY

S.L.C.

828
1
2
3
4
5
6
7
8
9
10
11

(2) in subsection (a)(2) by striking ‘‘operationof small’’ and inserting ‘‘operation of a small’’;(3) in subsection (f) by striking ‘‘subsection(h)’’ and inserting ‘‘subsection (f)’’;(4) in subsection (g)(3) by striking ‘‘subsection(h)’’ and inserting ‘‘subsection (f)’’;(5) in subsection (i)(1) by striking ‘‘subsection(h)’’ and inserting ‘‘subsection (f)’’; and(6) by redesignating subsection (e) through (j)as subsections (c) through (h), respectively.
SEC. 904. AIRPORT SAFETY AND AIRSPACE HAZARD MITI-

12
13GATION AND ENFORCEMENT.

Section 44810 of title 49, United States Code, is

14 amended—15(1) in subsection (c) by inserting ‘‘, and any

16other location the Administrator determines appro-

17

priate’’ after ‘‘Data’’; and

18
19
20

(2) in subsection (h) by striking ‘‘May 10,2024’’ and inserting ‘‘September 30, 2028’’.
SEC. 905. RADAR DATA PILOT PROGRAM.

21(a) SENSITIVE RADAR DATA FEED PILOT PRO-22

GRAM.—Not later than 270 days after the date of enact-

23 ment of this Act, the Administrator, in coordination with
24 the Secretary of Defense, and other heads of relevant Fed25 eral agencies, shall establish a pilot program to make air-MUR24306 DVY

S.L.C.

829
1 space data feeds containing controlled unclassified infor2 mation available to qualified users (as determined by the3 Administrator), consistent with subsection (b).
4(b) AUTHORIZATION.—In carrying out subsection (a),5 the Administrator and the heads of other relevant Federal
6 agencies and in coordination with the Secretary of De7 fense, shall establish a process to authorize qualified users
8 to receive airspace data feeds containing controlled unclas9 sified information related to air traffic within the national
10 airspace system and use such information in an agreed
11 upon manner to—
12(1) provide and enable—

13(A) air traffic management services; and

14(B) unmanned aircraft system traffic man-15

agement services; or

16(2) to test technologies that may enable or en-17

hance the provision of the services described in para-

18

graph (1).

19(c) CONSULTATION.—In establishing the process de-

20 scribed in subsection (b), the Administrator shall consult
21 with representatives of the unmanned aircraft systems in22 dustry and related technical groups to identify an efficient,
23 secure and effective format and method for providing data
24 described in this section.

MUR24306 DVY

S.L.C.

830
1(d) BRIEFING.—Not later than 90 days after estab-

2 lishing the pilot program under subsection (a), and annu3 ally thereafter through 2028, the Administrator shall brief
4 the appropriate committees of Congress on the findings
5 of the pilot program established under this section.
6(e) SUNSET.—This section shall cease to be effective

7 on October 1, 2028.
89SEC. 906. ELECTRONIC CONSPICUITY STUDY.

(a) IN GENERAL.—The Comptroller General shall

10 conduct a study of technologies and methods that may be
11 used by operators of unmanned aircraft systems to detect
12 and avoid manned aircraft that may lawfully operate below
13 500 feet above ground level and that are—14(1) not equipped with a transponder or auto-

15

matic dependent surveillance-broadcast out equip-

16

ment; or17(2) otherwise not electronically conspicuous.

18(b) CONSULTATION.—In conducting the study re-

19 quired under subsection (a), the Comptroller General shall
20 consult with—
21
22
23

(1) representatives of—(A) unmanned aircraft systems manufacturers and operators;

24(B) general aviation operators;

25(C) agricultural aircraft operators;

MUR24306 DVY

S.L.C.

831
1(D) helicopter operators; and2(E) State and local governments; and3(2) any other stakeholder the Comptroller Gen-4

eral determines appropriate.

5(c) REPORT.—Not later than 1 year after the date

6 of enactment of this Act, the Comptroller General shall
7 submit to the appropriate committees of Congress a report
8 describing the results of such study.
9
10
11

SEC. 907. REMOTE IDENTIFICATION ALTERNATIVE MEANS
OF COMPLIANCE.

(a) EVALUATION.—The Administrator shall review

12 and evaluate the final rule of the FAA titled ‘‘Remote
13 Identification of Unmanned Aircraft’’, issued on January
14 15, 2021 (86 Fed. Reg. 4390), to determine the feasibility
15 and advisability of whether unmanned aircraft manufac16 turers and operators can meet the intent of such final rule
17 through alternative means of compliance, including
18 through network–based remote identification.
19(b) REPORT.—Not later than 1 year after the date

20 of enactment of this Act, the Administrator shall submit
21 to the appropriate committees of Congress a report on the
22 results of the evaluation under subsection (a).
23
24

SEC. 908. PART 107 WAIVER IMPROVEMENTS.

(a) IN GENERAL.—The Administrator shall adopt a

25 performance- and risk-based approach in reviewing re-MUR24306 DVY

S.L.C.

832
1 quests for certificates of waiver under section 107.200 of
2 title 14, Code of Federal Regulations.
3(b) STANDARDIZATION OF WAIVER APPLICATION.—

4(1) IN GENERAL.—In carrying out subsection

5(a), the Administrator shall improve the process to

6submit requests for certificates of waiver described

7

in subsection (a).

8(2) FORMAT.—In carrying out paragraph (1),9the Administrator may not require the use of open-

10

ended descriptive prompts that are required to be

11

filled out by an applicant, except to provide appli-12

cants the ability to provide the FAA with informa-

13tion for an unusual or irregular operation.

14(3) DATA.—

15(A) IN GENERAL.—In carrying out para-

16

graph (1), the Administrator shall leverage data

17

gathered from previous requests for certificates18of waivers.

19(B) CONSIDERATIONS.—In carrying out

20

subparagraph (A), the Administrator shall safe-21

ly use—22(i) big data analytics; and23(ii) machine learning.

24(c) CONSIDERATION OF PROPERTY ACCESS.—MUR24306 DVY

S.L.C.

833
1(1) IN GENERAL.—In determining whether to2issue a certificate of waiver under section 107.200 of

3

title 14, Code of Federal Regulations, the Adminis-

4

trator shall—

5(A) consider whether the waiver applicant

6

has control over access to all real property on

7

the ground within the area of operation; and(B) recognize and account for the safety89enhancements of such controlled access.

10(2) RULE OF CONSTRUCTION.—Nothing in this11

subsection shall be construed to influence the extent

12

to which the Administrator considers a lack of con-13

trol over access to all real property on the ground14

within an area of operation as affecting the safety

15

of an operation intended to be conducted under such

16

certificate of waiver.

17(d) PUBLIC AVAILABILITY OF WAIVERS.—

18(1) IN

GENERAL.—The

Administrator shall19

publish all certificates of waiver issued under section

20

107.200 of title 14, Code of Federal Regulations, on

21

the website of the FAA, including, with respect to22each issued certificate of waiver—(A) the terms, conditions, and limitations;

23
24

and

MUR24306 DVY

S.L.C.

834
1(B) the class of airspace and any restric-

2

tions related to operating near airports or heli-3

ports.

4(2) PUBLICATION.—In carrying out paragraph5(1), the Administrator shall ensure that published6

information is made available in a manner that pre-7

vents inappropriate disclosure of proprietary infor-

8

mation.

9(e) PRECEDENTIAL USE OF PREVIOUSLY APPROVED

10 WAIVERS.—
11(1) WAIVERAPPROVAL PRECEDENT.—If

the

12

Administrator determines, using criteria for a par-13

ticular waiver, that an application for a certificate of14

waiver issued under section 107.200 of title 14,

15

Code of Federal Regulations, is substantially similar

16(or is comprised of elements that are substantially17

similar) to an application for a certificate of waiver

18

that the Administrator has previously approved, the19Administrator may streamline, as appropriate, the20

approval of applications for such a particular waiver.

21(2) RULEOFCONSTRUCTION.—Nothingin22

paragraph (1) shall be construed to preclude an ap-

23

plicant for a certificate of waiver from applying to24

modify a condition or remove a limitation of such

25

certificate.

MUR24306 DVY

S.L.C.

8351(f) MODIFICATION OF WAIVERS.—

2(1) IN GENERAL.—The Administrator shall es-

3tablish an expedited review process for a request to4

modify or renew certificates of waiver previously

5

issued under section 107.200 of title 14, Code of6

Federal Regulations, as appropriate.

7(2) USEOF REVIEW PROCESS.—The

review

8

process established under paragraph (1) shall be

9used to modify or renew certificates of waiver that10

cover operations that are substantially similar in all

11material facts to operations covered under a pre-12

viously issued certificate of waiver.

13
14

SEC. 909. ENVIRONMENTAL REVIEW AND NOISE CERTIFICATION.

15(a) NATIONAL ENVIRONMENTAL POLICY ACT GUID-

16

ANCE.—Not later than 180 days after the date of enact-

17 ment of this Act, the Administrator shall publish un18 manned aircraft system-specific environmental review
19 guidance and implementation procedures and, thereafter,
20 revise such guidance and procedures as appropriate to
21 carry out the requirements of this section.
22(b) PRIORITIZATION.—The guidance and procedures

23 established by the Administrator under subsection (a)24 shall include processes that allow for the prioritization of
25 project applications and activities that—MUR24306 DVY

S.L.C.

836(1) offset or limit the impacts of non-zero emis-

12sion activities;(2) offset or limit the release of environmental

34pollutants to soil or water; or

5(3) demonstrate other factors that benefit

6

human safety or the environment, as determined by

7

the Administrator.

8(c) PROGRAMMATIC LEVEL APPROACH TO NEPA

9 REVIEW.—Not later than 180 days after the date of en10 actment of this Act, the Administrator shall examine and
11 integrate programmatic-level approaches to the require12 ments of the National Environmental Policy Act of 1969
13 (42 U.S.C. 4321 et seq.) by which the Administrator
14 can—15(1) leverage an environmental review for un-

16manned aircraft operations within a defined geo-

17graphic region, including within and over commercial

18

sites, industrial sites, or other sites closed or re-19

stricted to the public; and20(2) leverage an environmental assessment or en-

21

vironmental impact statement for nationwide pro-22

grammatic approaches for large scale distributed un-

23manned aircraft operations.

24(d) DEVELOPING 1 OR MORE CATEGORICAL EXCLU-

25

SIONS.—

MUR24306 DVY

S.L.C.

837
1(1) IN GENERAL.—The Administrator shall en-

2gage in periodic consultations with the Council on

3

Environmental Quality to identify actions that are4

appropriate for a new categorical exclusion and shall5

incorporate such actions in FAA Order 1050.1F (or6successor order) as considered appropriate by the7Administrator to more easily allow for safe commer-

8

cial operations of unmanned aircraft.

9(2) PRIOROPERATIONS.—The

Administrator

10

shall review existing categorical exclusions for appli-

11

cability in accordance with the National Environ-12

mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)13

and subchapter A of chapter V of title 40, Code of14

Federal Regulations.

15(e) BRIEFING.—Not later than 90 days after the date

16 of enactment of this Act, the Administrator shall brief the
17 appropriate committees of Congress on the plan of the Ad18 ministrator to implement subsection (a).
19
20
21

(f) NONAPPLICATION OF NOISE CERTIFICATION REQUIREMENTS PENDING STANDARDS DEVELOPMENT.—(1) IN

GENERAL.—Notwithstanding

the re-22quirements of section 44715 of title 49, United

23

States Code, the Administrator shall—

24(A) waive the determination of compliance25with part 36 of title 14, Code of Federal Regu-

MUR24306 DVY

S.L.C.

838
1

lations, for an applicant seeking unmanned air-2

craft type and airworthiness certifications; and3(B) not deny, withhold, or delay such cer-4tifications due to the absence of a noise certifi-

5

cation basis under such part, if the Adminis-

6

trator has developed appropriate noise measure-

7

ment procedures for unmanned aircraft and the8Administrator has received from the applicant

9

the noise measurement results based on such10

procedures.

11(2) DURATION.—The nonapplication of the

12noise certification requirements under paragraph (1)13shall continue until the Administrator finalizes the14

noise certification requirements for unmanned air-15

craft in part 36 of title 14, Code of Federal Regula-

16

tions, or another part of title 14 of such Code, as17required under paragraph (3).

18
19
20

(3) ASSOCIATED UAS CERTIFICATION STANDARDS.—(A) DEVELOPMENTOF

CRITERIA.—Not

21

later than 18 months after the date of enact-

22

ment of this Act, the Administrator shall de-23

velop and establish substantive criteria and24

standard metrics to determine whether to ap-

MUR24306 DVY

S.L.C.

839
1

prove an unmanned aircraft pursuant to part2

36 of title 14, Code of Federal Regulations.

3(B) SUBSTANTIVE CRITERIA AND STAND-

4

ARD METRICS.—In establishing the substantive

5

criteria and standard metrics under subpara-

6graph (A), the Administrator shall include cri-

7

teria and metrics related to the noise impacts of

8

an unmanned aircraft.
(C)

9

PUBLICATION.—The

Administrator

10

shall publish in the Federal Register and post11

on the website of the FAA the criteria and12

metrics established under subparagraph (A).

13(g) CONCURRENT REVIEWS.—If the Administrator

14 determines that the design, construction, maintenance and
15 operational sustainability, airworthiness approval, or oper16 ational approval of an unmanned aircraft require environ17 mental assessments, including under the requirements of
18 the National Environmental Policy Act of 1969 (42 U.S.C.
19 4321 et seq.), the Administrator shall, to the maximum
20 extent practicable, conduct such reviews and analyses con21 currently.
22(h) THIRD-PARTY SUPPORT.—In implementing sub-23 section (a), the Administrator shall allow for the engage24 ment of approved specialized third parties, as appropriate,
25 to support an applicant’s preparation of, or the Adminis-MUR24306 DVY

S.L.C.

840
1 tration’s preparation and review of, documentation relat2 ing to the requirements of the National Environmental
3 Policy Act of 1969 (42 U.S.C. 4321 et seq.) to ensure
4 streamlined timelines for complex reviews.
5(i) RULE OF CONSTRUCTION.—Nothing in this sec-

6 tion shall be construed as prohibiting, restricting, or other7 wise limiting the authority of the Administrator from im8 plementing or complying with the requirements of the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 4321
10 et seq.) and any related requirements to ensure the protec11 tion of the environment and aviation safety.
12
13
14

SEC. 910. UNMANNED AIRCRAFT SYSTEM USE IN WILDFIRERESPONSE.

(a) UNMANNED AIRCRAFT SYSTEMS IN WILDFIRE

15 RESPONSE.—
16(1) IN GENERAL.—Not later than 18 months

17

after the date of enactment of this Act, the Adminis-

18

trator, in coordination with the Chief of the Forest

19

Service, the Administrator of the National Aero-

20

nautics and Space Administration, and any other21

Federal entity (or a contracted unmanned aircraft

22

system operator of a Federal entity) the Adminis-

23

trator considers appropriate, shall develop a plan for24

the use of unmanned aircraft systems by public enti-

MUR24306 DVY

S.L.C.

841
1

ties in wildfire response efforts, including wildfire

2

detection, mitigation, and suppression.
(2) PLAN

3

CONTENTS.—Theplan developed

4

under paragraph (1) shall include recommendations

5

to—

6

(A) identify and designate areas of public

7

land with high potential for wildfires in which

8public entities may conduct unmanned aircraft9

system beyond visual line of sight operations as

10part of wildfire response efforts, including wild-

11

fire detection, mitigation, and suppression;

12(B) develop a process to facilitate the safe

13

and efficient operation of unmanned aircraft

14

systems beyond the visual line of sight in wild-

15

fire response efforts in areas designated under16

subparagraph (A), including a waiver process

17

under section 91.113 or section 107.31 of title

18

14, Code of Federal Regulations, for public en-

19

tities that use unmanned aircraft systems for20

aerial wildfire detection, mitigation, and sup-21

pression; and22(C) improve coordination between the rel-23

evant Federal agencies and public entities on24

the use of unmanned aircraft systems in wild-

25

fire response efforts.

MUR24306 DVY

S.L.C.

842(3) PLAN1SUBMISSION.—Uponcompletion of2

the plan under paragraph (1), the Administrator

3

shall submit such plan to, and provide a briefing for,4

the appropriate committees of Congress and the5Committee on Science, Space, and Technology of the

6

House of Representatives.

7(4) PUBLICATION.—Upon submission of the

8plan under paragraph (1), the Administrator shall9

publish such plan on a publicly available website of10

the FAA.

11(b) APPLICABILITY.—The plan developed under this

12 section shall cover only unmanned aircraft systems that
13 are—14(1) operated by, or on behalf of, a public entity;

15(2) operated in airspace covered by a wildfire-16

related temporary flight restriction under section

17

91.137 of title 14, Code of Federal Regulations; and18(3) under the operational control of, or other-19

wise are being operationally coordinated by, an au-

20

thorized aviation coordinator responsible for coordi-

21

nating disaster response aircraft within the airspace22

covered by such temporary flight restriction.

23(c) INTERAGENCY COORDINATION.—Not later than

24 180 days after the date of enactment of this Act, the Ad25 ministrator shall seek to enter into the necessary agree-MUR24306 DVY

S.L.C.

843
1 ments to provide a liaison of the Administration to the
2 National Interagency Fire Center to facilitate the imple3 mentation of the plan developed under this section and
4 the use of manned and unmanned aircraft in wildfire re5 sponse efforts, including wildfire detection, mitigation, and6 suppression.
7(d) SAVINGS CLAUSE.—Nothing in this section shall

8 be construed to confer upon the Administrator the au9 thorities of the Administrator of the Federal Emergency
10 Management Agency under section 611 of the Robert T.
11 Stafford Disaster Relief and Emergency Assistance Act
12 (42 U.S.C. 5196).
13
14
15

(e) DEFINITIONS.—In this section:(1) PUBLIC ENTITY.—The term ‘‘public entity’’means—

16(A) a Federal agency;

17(B) a State government;

18(C) a local government;

19(D) a Tribal Government; and20(E) a territorial government.

21(2) PUBLIC LAND.—The term ‘‘public land’’

22

has the meaning given such term in section 205 of

23

the Sikes Act (16 U.S.C. 670k).

MUR24306 DVY

S.L.C.

844
1(3) WILDFIRE.—The term ‘‘wildfire’’ has the2meaning given that term in section 2 of the Emer-

3

gency Wildfire Suppression Act (42 U.S.C. 1856m).

4SEC. 911. PILOT PROGRAM FOR UAS INSPECTIONS OF FAA

56INFRASTRUCTURE.

(a) IN GENERAL.—Not later than 180 days after the

7 date of enactment of this Act, the Secretary shall initiate
8 a pilot program to supplement inspection and oversight
9 activities of the Department of Transportation with un10 manned aircraft systems to increase employee safety, en11 hance data collection, increase the accuracy of inspections,
12 reduce costs, and for other purposes the Secretary con13 siders to be appropriate.
14(b) GROUND-BASED AVIATION INFRASTRUCTURE.—

15 In carrying out the program under subsection (a), the Ad16 ministrator shall evaluate the use of unmanned aircraft
17 systems to inspect ground-based aviation infrastructure
18 that may require visual inspection in hard-to-reach areas,
19 including—20(1) navigational aids;

21(2) air traffic control towers;

22(3) radar facilities;23(4) communication facilities; and24(5) other air traffic control facilities.

MUR24306 DVY

S.L.C.

8451(c) COORDINATION.—In carrying out subsection (b),2 the Secretary shall consult with the labor union certified
3 under section 7111 of title 5, United States Code, to rep4 resent personnel responsible for the inspection of the
5 ground-based aviation infrastructure.
6(d) BRIEFING.—Not later than 2 years after the date

7 of enactment of this Act, and annually thereafter until the
8 termination of the pilot program under this section, the
9 Secretary shall provide to the appropriate committees of
10 Congress a briefing on the status and results of the pilot
11 program established under subsection (a), including—12(1) cost savings;

13(2) a description of how unmanned aircraft sys-

14tems were used to supplement existing inspection,

15

data collection, or oversight activities of Department

16

employees, including the number of operations and17

types of activities performed;

18(3) efficiency or safety improvements, if any,

19

associated with the use of unmanned aircraft sys-

20tems to supplement conventional inspection, data

21

collection, or oversight activities;

22(4) the fleet of unmanned aircraft systems

23

maintained by the Department for the program, or

24

an overview of the services used as part of the pilot

25

program; andMUR24306 DVY

S.L.C.

846
1(5) recommendations for improving the use or2

efficacy of unmanned aircraft systems to supplement

3

the Department’s inspection, data collection, or over-4

sight activities.

5(e) SUNSET AND INCORPORATION INTO STANDARD

6 PRACTICE.—
7(1) SUNSET.—The pilot program established8

under subsection (a) and the briefing requirement

9

under subsection (d) shall terminate on the date

10

that is 4 years after the date of enactment of this

11

Act.

12

(2) INCORPORATIONINTO

STANDARD

PRAC-

13

TICE.—Upon termination of the pilot program under

14

this section, the Secretary shall assess the results

15

and determine whether to permanently incorporate

16

the use of unmanned aircraft systems into the reg-

17

ular inspection, data collection, and oversight activi-

18

ties of the Department.

19(3) REPORT TO CONGRESS.—Not later than 920months after the termination of the pilot program

21

under paragraph (1), the Secretary shall submit to22

the appropriate committees of Congress a report on23

the final results of the pilot program and the actions

24

taken by the Administrator under paragraph (2).

MUR24306 DVY

S.L.C.

847
1
2
3

SEC. 912. DRONE INFRASTRUCTURE INSPECTION GRANT
PROGRAM.

(a) AUTHORITY.—Not later than 270 days after the

4 date of enactment of this Act, the Secretary shall establish
5 an unmanned aircraft system infrastructure inspection
6 grant program to provide grants to governmental entities
7 to facilitate the use of small unmanned aircraft systems
8 to support more efficient inspection, operation, construc9 tion, maintenance, and repair of an element of critical in10 frastructure to improve worker safety related to projects.
11(b) USE OF GRANT AMOUNTS.—A governmental enti-

12 ty may use a grant provided under this section to—1314(1) purchase or lease small unmanned aircraft
systems;

15(2) support the operational capabilities of small

16

unmanned aircraft systems used by the govern-

17

mental entity;

18(3) contract for services performed using a19small unmanned aircraft system in circumstances in20

which the governmental entity does not have the re-21

sources or expertise to safely carry out or assist in

22

carrying out the activities described under sub-23

section (a); and24(4) support the program management capability

25of the governmental entity to use or contract the use

MUR24306 DVY

S.L.C.

848
1

of a small unmanned aircraft system, as described in2paragraph (3).

3(c) APPLICATION.—To be eligible to receive a grant

4 under this section, a governmental entity shall submit to
5 the Secretary an application at such time, in such form,
6 and containing such information as the Secretary may re7 quire, including an assurance that the governmental entity
8 or any contractor of the governmental entity, will comply
9 with relevant Federal regulations.
10(d) SELECTION OF APPLICANTS.—In selecting an ap-

11 plication for a grant under this section, the Secretary shall
12 prioritize applications that propose to—13(1) carry out a project in a variety of commu-

14

nities, including urban, suburban, rural, Tribal, or

15

any other type of community; and16(2) address a safety risk in the inspection, oper-

17

ation, construction, maintenance, or repair of an ele-

18

ment of critical infrastructure.

19(e) RULE OF CONSTRUCTION.—Nothing in this sec-

20 tion shall be construed to interfere with an agreement be21 tween a governmental entity and a labor union, including
22 the requirements of section 5333(b) of title 49, United
23 States Code.
24(f) REPORT TO CONGRESS.—Not later than 2 years

25 after the first grant is provided under this section, theMUR24306 DVY

S.L.C.

849
1 Secretary shall submit to the appropriate committees of
2 Congress a report that evaluates the program carried out
3 under this section that includes—
4
5
6
7
8
9
10

(1) a description of the number of grants provided under this section;(2) the amount of each grant provided under
this section;(3) the activities carried out with a grant provided under this section; and(4) the effectiveness of such activities in meet-11

ing the objectives described in subsection (a).

12(g) FUNDING.—

13(1) FEDERAL SHARE.—

14(A) IN GENERAL.—Except as provided in

15

subparagraph (B), the Federal share of the cost16

of a project carried out using a grant provided

17

under this section shall not exceed 50 percent

18of the total project cost.

19(B) WAIVER.—The Secretary may increase

20

the Federal share under subparagraph (A) to

21

up to 75 percent for a project carried out using

22

a grant provided under this section by a govern-

23

mental entity if such entity—

MUR24306 DVY

S.L.C.

8501(i) submits a written application to2

the Secretary requesting an increase in the3Federal share; and4(ii) demonstrates that the additional

5

assistance is necessary to facilitate the ac-

6ceptance and full use of a grant under this7

section, such as alleviating economic hard-

8

ship, meeting additional workforce needs,

9or any other uses that the Secretary deter-

10mines to be appropriate.

11(2) AUTHORIZATION OF APPROPRIATIONS.—Out12of amounts authorized to be appropriated under sec-

13

tion 106(k) of title 49, United States Code, the fol-14

lowing amounts are authorized to carry out this sec-

15

tion:

16

(A) $12,000,000 for fiscal year 2025.

17(B) $12,000,000 for fiscal year 2026.

18(C) $12,000,000 for fiscal year 2027.

19(D) $12,000,000 for fiscal year 2028.

2021(h) DEFINITIONS.—In this section:(1) CRITICALINFRASTRUCTURE.—The

term

22

‘‘critical infrastructure’’ has the meaning given such23

term in subsection (e) of the Critical Infrastructures

24

Protection Act of 2001 (42 U.S.C. 5195c(e)).

MUR24306 DVY

S.L.C.

851
1

(2)

2

TURE.—The

3

ture’’ means a critical infrastructure facility or4asset, including public bridges, tunnels, roads, high-5ways, dams, electric grid, water infrastructure, com-

6

munication systems, pipelines, or other related facili-

7ties or assets, as determined by the Secretary.

89

ELEMENTOFCRITICALINFRASTRUC-

term ‘‘element of critical infrastruc-(3) GOVERNMENTAL ENTITY.—The term ‘‘governmental entity’’ means—

10(A) a State, the District of Columbia, the11Commonwealth of Puerto Rico, a territory of

12

the United States, or a political subdivision

13

thereof;

14(B) a unit of local government;

15(C) a Tribal government;

16(D) a metropolitan planning organization;

17

or

18

(E) a consortia of more than 1 of the enti-

19

ties described in subparagraphs (A) through

20

(D).

21

(4) PROJECT.—The term ‘‘project’’ means a

22

project for the inspection, operation, construction,

23

maintenance, or repair of an element of critical in-24

frastructure,25

hazards to such infrastructure.

includingmitigating

environmental

MUR24306 DVY

S.L.C.

852
1

SEC. 913. DRONE EDUCATION AND WORKFORCE TRAINING

2
3

GRANT PROGRAM.

(a) AUTHORITY.—Not later than 180 days after the

4 date of enactment of this Act, the Secretary of Transpor5 tation shall establish a drone education and training grant
6 program to make grants to educational institutions for
7 workforce training for small unmanned aircraft systems.
8(b) USE OF GRANT AMOUNTS.—Amounts from a

9 grant under this section shall be used in furtherance of
10 activities authorized under section 631 and 632 of the
11 FAA Reauthorization Act of 2018 (49 U.S.C. 40101
12 note).
13(c) ELIGIBILITY.—To be eligible to receive a grant

14 under this section, an educational institution shall submit
15 an application to the Secretary at such time, in such form,
16 and containing such information as the Secretary may re17 quire.
18(d) AUTHORIZATION OF APPROPRIATIONS.—Out of

19 amounts authorized to be appropriated under section
20 106(k) of title 49, United States Code, the Secretary shall
21 make available to carry out this section $5,000,000 for
22 each of fiscal years 2025 through 2028.
23(e) EDUCATIONAL INSTITUTION DEFINED.—In this

24 section, the term ‘‘educational institution’’ means an insti25 tution of higher education (as such term is defined in sec26 tion 101 of the Higher Education Act of 1965 (20 U.S.C.

MUR24306 DVY

S.L.C.

853
1 1001)) that participates in a program authorized under2 sections 631 and 632 of the FAA Reauthorization Act of
3 2018 (49 U.S.C. 40101 note).
4SEC. 914. DRONE WORKFORCE TRAINING PROGRAM STUDY.

5(a) IN GENERAL.—Not later than 3 years after the

6 date of enactment of this Act, the Comptroller General
7 shall initiate a study of the effectiveness of the Unmanned
8 Aircraft Systems Collegiate Training Initiative established
9 under section 632 of the FAA Reauthorization Act 2018
10 (49 U.S.C. 40101 note).
11(b) REPORT.—Upon completion of the study under

12 subsection (a), the Comptroller General shall submit to the
13 appropriate committees of Congress a report describing—
14(1) the findings of such study; and15(2) any recommendations to improve the Un-

16

manned Aircraft Systems Collegiate Training Initia-

17

tive.

18
19
20

SEC. 915. TERMINATION OF ADVANCED AVIATION ADVISORY COMMITTEE.

The Secretary may not renew the charter of the Ad-

21 vanced Aviation Advisory Committee (chartered by the
22 Secretary on June 10, 2022).

MUR24306 DVY

S.L.C.

854
1

SEC. 916. UNMANNED AND AUTONOMOUS FLIGHT ADVI-

2
3

SORY COMMITTEE.

(a) IN GENERAL.—Not later than 1 year after the

4 termination of the Advanced Aviation Advisory Committee
5 pursuant to section 915, the Administrator shall establish
6 an Unmanned and Autonomous Flight Advisory Com7 mittee (in this section referred to as the ‘‘Advisory Com8 mittee’’).
9(b) DUTIES.—The Advisory Committee shall provide

10 the Administrator advice on policy- and technical-level
11 issues related to unmanned and autonomous aviation oper12 ations and activities, including, at a minimum, the fol13 lowing:
14(1) The safe integration of unmanned aircraft15

systems and autonomous flight operations into the16national airspace system, including feedback on—

17(A) the certification and operational stand-18

ards of highly automated aircraft, unmanned

19

aircraft, and associated elements of such air-20

craft;

21(B) coordination of procedures for oper-

22

ations in controlled and uncontrolled airspace;

23

and

24

(C) communication protocols.

MUR24306 DVY

S.L.C.

855
1(2) The use cases of unmanned aircraft sys-

2tems, including evaluating and assessing the poten-

3tial benefits of using unmanned aircraft systems.

4(3) The development of processes and meth-5

odologies to address safety concerns related to the6operation of unmanned aircraft systems, including

7

risk assessments and mitigation strategies.

8(4) Unmanned aircraft system training, edu-

9

cation, and workforce development programs, includ-10

ing evaluating aeronautical knowledge gaps in the11

unmanned aircraft system workforce, assessing the12

workforce needs of unmanned aircraft system oper-

13

ations, and establishing a strong pipeline to ensure

14

a robust unmanned aircraft system workforce.

1516(5) The analysis of unmanned aircraft systemdata and trends.

17(6) Unmanned aircraft system infrastructure,

18

including the use of existing aviation infrastructure

19

and the development of necessary infrastructure.

20(c) MEMBERSHIP.—

21(1) IN

22

GENERAL.—The

Advisory Committee

shall be composed of not more than 12 members.

23(2) REPRESENTATIVES.—The Advisory Com-24

mittee shall include at least 1 representative of each

25of the following:MUR24306 DVY

S.L.C.

856
1
2
3
4

(A) Commercial operators of unmanned
aircraft systems.
(B) Unmanned aircraft system manufacturers.

5(C) Counter-UAS manufacturers.

6(D) FAA-approved unmanned aircraft sys-

7

tem service suppliers.

8(E) Unmanned aircraft system test ranges

9

under section 44803 of title 49, United States

10

Code.

11

(F) An unmanned aircraft system physical12

infrastructure network provider.

13(G) Community advocates.

14(H) Certified labor organizations rep-15

resenting commercial airline pilots, air traffic

16

control specialists employed by the Administra-

17tion, certified aircraft maintenance technicians,

18

certified aircraft dispatchers, or aviation safety

19

inspectors.

20(I) Academia or a relevant research organi-

21

zation.

22(3) OBSERVERS.—The Administrator may in-23

vite appropriate representatives of other Federal

24

agencies to observe or provide input on the work of

25

the Advisory Committee, but shall not allow suchMUR24306 DVY

S.L.C.

8571

representatives to participate in any decision-making

2of the Advisory Committee.

3(d) REPORTING.—

4(1) IN

GENERAL.—The

Advisory Committee

5

shall submit to the Secretary an annual report of the6

activities, findings, and recommendations of the7

Committee.

8(2) CONGRESSIONALREPORTING.—The

Sec-

9

retary shall submit to the appropriate committees of

10

Congress the reports required under paragraph (1).

11(e) PROHIBITION.—The Administrator may not task

12 the Advisory Committee established under this section
13 with a review or the development of recommendations re14 lating to operations conducted under part 121 of title 14,
15 Code of Federal Regulations.
16
17
18

SEC. 917. NEXTGEN ADVISORY COMMITTEE MEMBERSHIPEXPANSION.

(a) IN GENERAL.—Not later than 90 days after the

19 date of enactment of this Act, the Secretary shall take20 such actions as may be necessary to expand the member21 ship of the NextGen Advisory Committee (chartered by
22 the Secretary on June 15, 2022) to include 1 representa23 tive from the unmanned aircraft system industry and 1
24 representative from the powered-lift industry.

MUR24306 DVY

S.L.C.

8581(b) QUALIFICATIONS.—The representatives required

2 under subsection (a) shall have the following qualifica3 tions, as applicable:
4(1) Demonstrated expertise in the design, man-5

ufacturing, or operation of unmanned aircraft sys-

6tems and powered-lift aircraft.

7(2) Demonstrated experience in the develop-

8ment or implementation of unmanned aircraft sys-

9

tem and powered-lift aircraft policies and proce-10

dures.

11(3) Demonstrated commitment to advancing the12safe integration of unmanned aircraft systems and13

powered-lift aircraft into the national airspace sys-

14

tem.

15
16

SEC. 918. INTERAGENCY COORDINATION.

(a) SENSE OF CONGRESS.—It is the sense of Con-

17 gress that—18(1) the purpose of the joint Department of De-

19

fense-Federal

Aviation

Administration

executive

20

committee (in this section referred to as the ‘‘Execu-

21

tive Committee’’) on conflict and dispute resolution22

as described in section 1036(b) of the Duncan Hun-23

ter National Defense Authorization Act for Fiscal

24

Year 2009 (Public Law 110–417) is to resolve dis-25

putes on the matters of policy and procedures be-MUR24306 DVY

S.L.C.

859
1

tween the Department of Defense and the Federal

2

Aviation Administration relating to airspace, aircraft3

certifications, aircrew training, and other issues, in-4

cluding the access of unmanned aerial systems of the5

Department of Defense to the national airspace sys-

6

tem;

7

(2) by mutual agreement of Executive Com-8

mittee leadership, operating with the best of inten-

9tions, the current scope of activities and membership10of the Executive Committee has exceeded the origi-

11

nal intent of, and tasking to, the Executive Com-12

mittee; and13(3) the expansion described in paragraph (2)14has resulted in an imbalance in the oversight of cer-15

tain Federal entities in matters concerning civil avia-

16

tion safety and security.

17(b) CHARTER.—

18(1) CHARTER REVISION.—Not later than 45

19days after the date of enactment of this Act, the Ad-

20

ministrator shall seek to revise the charter of the21

Executive Committee to reflect the scope, objectives,

22

membership, and activities described in section

23

1036(b) of the Duncan Hunter National Defense

24

Authorization Act for Fiscal Year 2009 (Public Law

25

110–417) in order to achieve the increasing, and ul-MUR24306 DVY

S.L.C.

860
1

timately routine, access of unmanned aircraft sys-

2tems of the Department of Defense into the national3

airspace system.

4(2) SUNSET.—Not earlier than 2 years after5

the date of enactment of this Act, the Administrator

6

shall seek to sunset the activities of the Executive

7

Committee by joint agreement of the Administrator

8

and the Secretary of Defense.

9
10
11

SEC.

919.

REVIEW

OF

REGULATIONSTOENABLEUNESCORTED UAS OPERATIONS.

(a) IN GENERAL.—Not later than 2 years after the

12 date of enactment of this Act, the Administrator shall, in
13 coordination with the Secretary of Defense, conduct a re14 view of the requirements necessary to permit unmanned
15 aircraft systems (excluding small unmanned aircraft sys16 tems) operated by a Federal agency or armed forces (as17 such term is defined in section 101 of title 10, United
18 States Code) to be operated in the national airspace sys19 tem, including outside of restricted airspace, without being
20 escorted by a manned aircraft.
21(b) REPORT.—Not later than 2 years after the com-

22 pletion of the review under subsection (a), the Adminis23 trator shall submit to the appropriate committees of Con24 gress a report on the results of the review, including any

MUR24306 DVY

S.L.C.

861
1 recommended regulatory and statutory changes to enable
2 the operations described under subsection (a).
3
4SEC. 920. EXTENSION OF BEYOND PROGRAM.

(a) FAA BEYOND PROGRAM EXTENSION.—The5 Administrator shall extend the BEYOND program of the
6 FAA as in effect on the day before the date of enactment
7 of this Act (in this section referred to as the ‘‘Program’’)
8 and the existing agreements with State, local, and Tribal
9 governments entered into under the Program until the
10 date on which the Administrator determines the Program
11 is no longer necessary or useful.
12(b) FAA BEYOND PROGRAM EXPANSION.—

13(1) IN GENERAL.—The Administrator shall con-14

sider expanding the Program to include additional

15

State, local, and Tribal governments to test and16

evaluate the use of new and emerging aviation con-17

cepts and technologies, including concepts and tech-18

nologies unrelated to unmanned aircraft systems, to19evaluate and inform FAA policies, rulemaking, and20

guidance related to the safe integration of such con-21

cepts and technologies into the national airspace sys-

22

tem.

23

(2) SCOPE.—If the Administrator determines

24

the Program should be expanded, the Administrator

MUR24306 DVY

S.L.C.

862
1

shall address additional factors in the Program, in-2

cluding—

3(A) increasing automation in civil aircraft,4

including unmanned aircraft systems and new

5or emerging aviation technologies;

6(B) operations of such systems and tech-7

nologies, including beyond visual line of sight;

8

and

9
10
11
12

(C) the societal and economic impacts ofsuch operations.
SEC. 921. UAS INTEGRATION STRATEGY.

(a) IN GENERAL.—The Administrator shall imple-

13 ment the recommendations made by—
14(1) the Comptroller General to the Secretary

15

contained in the report of the Government Account-16

ability Office titled ‘‘Drones: FAA Should Improve

17

Its Approach to Integrating Drones into the Na-18tional Airspace System’’, issued in January 2023

19

(GAO–23–105189); and20(2) the inspector general of the Department of

21

Transportation to the Administrator contained in22

the audit report of the inspector general titled ‘‘FAA

23

Made Progress Through Its UAS Integration Pilot

24

Program, but FAA and Industry Challenges RemainMUR24306 DVY

S.L.C.

863
1

To Achieve Full UAS Integration’’, issued in April

22022 (Project ID: AV2022027).

3(b) BRIEFING.—Not later than 12 months after the

4 date of enactment of this Act, and annually thereafter
5 through 2028, the Administrator shall provide a briefing
6 to the appropriate committees of Congress that—789(1) provides a status update on the—(A) implementation of the recommendations described in subsection (a);10(B) implementation of statutory provisions

11

related to unmanned aircraft system integration

12

under subtitle B of title III of division B of the13

FAA Reauthorization Act of 2018 (Public Law

14

115–254); and15(C) actions taken by the Administrator to16

implement recommendations related to safe in-17

tegration of unmanned aircraft systems into the18national airspace system included in aviation

19

rulemaking committee reports published after

20

the date of enactment of the FAA Reauthoriza-

21

tion Act of 2018 (Public Law 115–254);22(2) provides a description of steps taken to23

achieve the safe integration of such systems into the24national airspace system, including milestones and25

performance metrics to track results;

MUR24306 DVY

S.L.C.

8641(3) provides the costs of executing the integra-

2tion described in paragraph (2), including any esti-

3mates of future Federal resources or investments re-4quired to complete such integration; and5(4) identifies any regulatory or policy changes

6required to execute the integration described in

7paragraph (2).

8910SEC. 922. EXTENSION OF KNOW BEFORE YOU FLY CAMPAIGN.

Section 356 of the FAA Reauthorization Act of 2018

11 (Public Law 115–254) is amended by striking ‘‘2019
12 through 2023’’ and inserting ‘‘2024 through 2028’’.
13
14

SEC. 923. PUBLIC AIRCRAFT DEFINITION.

Section 40125(a)(2) of title 49, United States Code,15 is amended—1617(1) by striking ‘‘research, or’’ and inserting‘‘research,’’; and18(2) by inserting ‘‘(including data collection on

19

civil aviation systems undergoing research, develop-

20

ment, test, or evaluation at a test range (as such21

term is defined in section 44801)), infrastructure in-22

spections, or any other activity undertaken by a gov-

23

ernmental entity that the Administrator determines

24

is inherently governmental’’ after ‘‘biological or geo-

25

logical resource management’’.

MUR24306 DVY

S.L.C.

865
1
2
3

SEC. 924. FAA COMPREHENSIVE PLAN ON UAS AUTOMATION.

(a) COMPREHENSIVE PLAN.—The Administrator

4 shall establish a comprehensive plan for the integration
5 of autonomous unmanned aircraft systems into the na6 tional airspace system.
7(b) COMPREHENSIVE PLAN CONTENTS.—In estab-

8 lishing the comprehensive plan under subsection (a), the9 Administrator shall—
10(1) identify FAA processes and regulations that11

need to change to accommodate the increasingly

12

automated role of a remote operator of an un-

13manned aircraft system; and

14(2) identify how the Administrator intends to15

authorize operations ranging from low risk auto-16

mated operations to increasingly complex automated17

operations of such systems.

18(c) COORDINATION.—In establishing the comprehen-

19 sive plan under subsection (a), the Administrator shall
20 consult with—21
22(1) the National Aeronautics and Space Administration;23(2) the Department of Defense;

24(3) manufacturers of autonomous unmanned

25

aircraft systems;

MUR24306 DVY

S.L.C.

86612(4) operators of autonomous unmanned aircraft
systems; and3(5) other stakeholders with knowledge of auto-4

mation in aviation, the human-computer interface,5

and aviation safety, as determined appropriate by

6

the Administrator.

7(d) SUBMISSION.—Not later than 1 year after the

8 date of enactment of this Act, the Administrator shall sub9 mit to the appropriate committees of Congress, the sub10 committee on Transportation, Housing and Urban Devel11 opment, and Related Agencies of the Committee on Appro12 priations of the Senate and the subcommittee on Trans13 portation, Housing and Urban Development, and Related
14 Agencies of the Committee on Appropriations of the
15 House of Representatives the plan established under sub16 section (a).
1718SEC. 925. UAS TEST RANGES.

(a) IN GENERAL.—Chapter 448 of title 49, United

19 States Code, is amended by striking section 44803 and
20 inserting the following:
21 ‘‘§ 44803. Unmanned aircraft system test ranges
22‘‘(a) TEST RANGES.—

23‘‘(1) IN GENERAL.—The Administrator of the24

Federal Aviation Administration shall carry out and25

update, as appropriate, a program for the use of un-

MUR24306 DVY

S.L.C.

8671

manned aircraft system (in this section referred to2

as UAS) test ranges to—3‘‘(A) enable a broad variety of develop-

4ment, testing, and evaluation activities related5

to UAS and associated technologies; and6‘‘(B) the extent consistent with aviation

7

safety and efficiency, support the safe integra-

8tion of unmanned aircraft systems into the na-

9tional airspace system.

10‘‘(2) DESIGNATIONS.—

11

‘‘(A)

EXISTINGTESTRANGES.—Test

12ranges designated under this section shall in-13

clude the 7 test ranges established under the14

following:

15‘‘(i) Section 332(c) of the FAA Mod-16

ernization and Reform Act of 2012 (4917

U.S.C. 40101 note), as in effect on the day

18

before the date of enactment of the FAA

19

Reauthorization Act of 2018 (Public Law

20

115–254).

21‘‘(ii) Any other test ranges designated22

pursuant to the amendment made by sec-

23

tion 2201(b) of the FAA Extension, Safe-

24

ty, and Security Act of 2016 (49 U.S.C.

MUR24306 DVY

S.L.C.

868
1

40101 note) after the date of enactment of2such Act.

3‘‘(B) NEW TEST RANGES.—If the Adminis-

4

trator finds that it is in the best interest of en-

5

abling safe UAS integration into the national6

airspace system, the Administrator may select7

and designate as a test range under this section

8

up to 2 additional test ranges in accordance

9with the requirements of this section through a

10competitive selection process.

11‘‘(C) LIMITATION.—Not more than 9 test

12

ranges designated under this section shall be

13part of the program established under this sec-

14

tion at any given time.

15‘‘(3) ELIGIBILITY.—Test ranges selected by the16

Administrator pursuant to (2)(B) shall—

17‘‘(A) be an instrumentality of a State,

18

local, Tribal, or territorial government or other19

public entity;

20‘‘(B) be approved by the chief executive of-21

ficer of the State, local, territorial, or Tribal

22

government for the principal place of business23of the applicant, prior to seeking designation by

24

the Administrator;

MUR24306 DVY

S.L.C.

869
1‘‘(C) undertake and ensure testing and2evaluation of innovative concepts, technologies,3

and operations that will offer new safety bene-

4fits, including developing and retaining an ad-

5vanced aviation industrial base within the6

United States; and7‘‘(D) meet any other requirements estab-

8lished by the Administrator.

9‘‘(b) AIRSPACE REQUIREMENTS.—

10‘‘(1) IN GENERAL.—In carrying out the pro-

11

gram under subsection (a), the Administrator may

12

establish, upon the request of a test range sponsor

13

designated by the Administrator under subsection

14(a), a restricted area, special use airspace, or other15

similar type of airspace pursuant to part 73 of title

16

14, Code of Federal Regulations, for purposes of—17‘‘(A) accommodating hazardous develop-

18

ment, testing, and evaluation activities to in-

19form the safe integration of unmanned aircraft

20

systems into the national airspace system; or

21‘‘(B) other activities authorized by the Ad-

22

ministrator pursuant to subsection (f).

23‘‘(2) NEPA REVIEW.—The Administrator may

24

require that each test range sponsor designated by

25

the Administrator under subsection (a) provide aMUR24306 DVY

S.L.C.

870
1

draft environmental review consistent with the Na-

2tional Environmental Policy Act of 1969 (42 U.S.C.

34321 et seq.), subject to the supervision of and4adoption by the Administrator, with respect to any

5request for the establishment of a restricted area,

6

special use airspace, or other similar type of airspace

7

under this subsection.

89‘‘(3) INACTIVE RESTRICTED AREA OR SPECIAL
USE AIRSPACE.—

10‘‘(A) IN GENERAL.—In the event a re-11stricted area, special use airspace, or other12

similar type of airspace established under para-

13

graph (1) is not needed to meet the needs of14

the using agency (as described in subparagraph15(B)), any related airspace restrictions, limita-

16

tions, or designations shall be inactive.

17‘‘(B) USINGAGENCY.—For

purposes of18

this subsection, a test range sponsor designated

19

by the Administrator under subsection (a) shall20

be considered the using agency with respect to

21

a restricted area established by the Adminis-

22

trator under this subsection.

23‘‘(4) APPROVALAUTHORITY.—The

Adminis-24

trator shall have the authority to approve access by

25

a participating or nonparticipating operator to a testMUR24306 DVY

S.L.C.

871
1

range or restricted area, special use airspace, or2other similar type of airspace established by the Ad-3ministrator under this subsection.

4‘‘(c) PROGRAM REQUIREMENTS.—In carrying out the

5 program under subsection (a), the Administrator—
6‘‘(1) may develop operational standards and air

7traffic requirements for flight operations at test

8

ranges;9‘‘(2) shall coordinate with, and leverage the re-10sources of, the Administrator of the National Aero-

11

nautics and Space Administration and other relevant

12

Federal agencies, as determined appropriate by the13

Administrator;

1415‘‘(3) shall address both civil and public aircraft
operations;

16‘‘(4) shall provide for verification of the safety

17of flight systems and related navigation procedures18

as such systems and procedures relate to the contin-

19

ued development of regulations and standards for in-

20

tegration of unmanned aircraft systems into the na-

21tional airspace system;

22‘‘(5) shall engage test range sponsors, as nec-

23

essary and with available resources, in projects for24

development, testing, and evaluation of flight sys-

25tems, including activities conducted pursuant to sec-MUR24306 DVY

S.L.C.

872
1

tion 1042 of the FAA Reauthorization Act of 2024,2

to facilitate the development of regulations and the3validation of standards by the Administrator for the4safe integration of unmanned aircraft systems into

5

the national airspace system, which may include ac-

6tivities related to—78‘‘(A) developing and enforcing geographic
and altitude limitations;

9‘‘(B) providing for alerts regarding any

10hazards or limitations on flight, including prohi-

11

bition on flight, as necessary;1213‘‘(C) developing or validating sense andavoid capabilities;

14‘‘(D) developing or validating technology to

15

support communications, navigation, and sur-

16

veillance;

17‘‘(E) testing or validating operational con-18

cepts and technologies related to beyond visual

19

line of sight operations, autonomous operations,

20

nighttime operations, operations over people,

21

operations involving multiple unmanned aircraft

22

systems by a single pilot or operator, and un-

23manned aircraft systems traffic management

24

capabilities or services;MUR24306 DVY

S.L.C.

873
‘‘(F)

1

improvingprivacyprotections

2

through the use of advances in unmanned air-3

craft systems;

4‘‘(G) conducting counter-UAS testing ca-

5pabilities, with the approval of the Adminis-

6

trator; and‘‘(H) other relevant topics for which devel-

78opment, testing or evaluation are needed;

9‘‘(6) shall develop data sharing and collection

10

requirements for test ranges to support the un-

11manned aircraft systems integration efforts of the

12

Administration and coordinate periodically with all

13

test range sponsors to ensure the test range spon-

14

sors know—

15‘‘(A) what data should be collected;

16‘‘(B) how data can be de-identified to flow

17

more readily to the Administration;‘‘(C) what procedures should be followed;

18
19

and

20

‘‘(D) what development, testing and eval-

21

uation would advance efforts to safely integrate

22

unmanned aircraft systems into the national

23

airspace system;

24‘‘(7) shall allow test range sponsors to receive

25

Federal funding, including in-kind contributions,MUR24306 DVY

S.L.C.

8741other than from the Federal Aviation Administra-

2tion, in furtherance of research, development, test-

3

ing, and evaluation objectives; and4‘‘(8) shall use modeling and simulation tools to5assist in the testing, evaluation, verification, and val-

6

idation of unmanned aircraft systems.

7‘‘(d) EXEMPTION.—Except as provided in subsection

8 (f), the requirements of section 44711, including any re9 lated implementing regulations, shall not apply to persons
10 approved by the test range sponsor for operation at a test
11 range designated by the Administrator under this section.
1213‘‘(e) RESPONSIBILITIESOFTEST RANGE SPON-

SORS.—The sponsor of each test range designated by the

14 Administrator under subsection (a) shall—
15‘‘(1) provide access to all interested private and16

public entities seeking to carry out research, develop-

17ment, testing and evaluation activities at the test

18

range designated pursuant to this section, to the19

greatest extent practicable, consistent with safety

20

and any operating procedures established by the test

21

range sponsor, including access by small business

22

concerns (as such term is defined in section 3 of the

23

Small Business Act (15 U.S.C. 632));24‘‘(2) ensure all activities remain within the geo-

25

graphical boundaries and altitude limitations estab-MUR24306 DVY

S.L.C.

8751

lished for any restricted area, special use airspace,2

or other similar type of airspace covering the test

3

range;

4‘‘(3) ensure no activity is conducted at the des-5

ignated test range in a careless or reckless manner;

6‘‘(4) establish safe operating procedures for all

7

operators approved for activities at the test range,

8

including provisions for maintaining operational con-9trol and ensuring protection of persons and property

10on the ground, subject to approval by the Adminis-

11

trator;1213‘‘(5) exercise direct oversight of all operations
conducted at the test range;

14‘‘(6) consult with the Administrator on the na-

15ture of planned activities at the test range and16

whether temporary segregation of the airspace is re-17

quired to contain such activities consistent with avia-

18

tion safety;

19‘‘(7) protect proprietary technology, sensitive

20

data, or sensitive research of any civil or private en-21tity when using the test range;

22‘‘(8) maintain detailed records of all ongoing23

and completed activities conducted at the test range

24

and all operators conducting such activities, for in-25

spection by, and reporting to, the Administrator, asMUR24306 DVY

S.L.C.

8761

required by agreement between the Administrator

2

and the test range sponsor;

34‘‘(9) make all original records available for inspection upon request by the Administrator; and5‘‘(10) provide recommendations, on a quarterly

6basis until the program terminates, to the Adminis-

7

trator to further enable public and private develop-

8ment, testing, and evaluation activities at the test

9ranges to contribute to the safe integration of un-

10manned aircraft systems into the national airspace11

system.

12‘‘(f) TESTING.—

13‘‘(1) IN GENERAL.—The Administrator may au-

14

thorize a sponsor of a test range designated under15

subsection (a) to host research, development, testing,16

and evaluation activities, including activities con-17

ducted pursuant to section 1042 of the FAA Reau-

18

thorization Act of 2024, as appropriate, other than

19

activities directly related to the integration of un-

20manned aircraft systems into the national airspace

21

system, so long as the activity is necessary to inform22

the development of regulations, standards, or policy

23

for integrating new types of flight systems into the24national airspace system.

MUR24306 DVY

S.L.C.

8771‘‘(2) WAIVER.— In carrying out this section,

2

the Administrator may waive the requirements of3

section 44711 (including any related implementing

4

regulations) to the extent the Administrator deter-5mines such waiver is consistent with aviation safety.

6‘‘(g) COLLABORATIVE RESEARCH

7

MENT

AND

DEVELOP-AGREEMENTS.—The Administrator may use the

8 transaction authority under section 106(l)(6), including in
9 coordination with the Center of Excellence for Unmanned
10 Aircraft Systems, to enter into collaborative research and
11 development agreements or to direct research, develop12 ment, testing, and evaluation related to unmanned aircraft
13 systems, including activities conducted pursuant to section
14 1042 of the FAA Reauthorization Act of 2024, as appro15 priate, at any test range designated under subsection (a).
16‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

17‘‘(1) ESTABLISHMENT.—Out of amounts au-

18

thorized to be appropriated under section 106(k),19$6,000,000 for each of fiscal years 2025 through20

2028, shall be available to the Administrator for the21

purposes of—22‘‘(A) providing matching funds to commer-

23

cial entities that contract with a UAS test

24

range to demonstrate or validate technologies

25

that the FAA considers essential to the safe in-MUR24306 DVY

S.L.C.

8781

tegration of UAS into the national airspace sys-2tem; and3‘‘(B) supporting or performing such dem-

4

onstration and validation activities described in

5

subparagraph (A) at a test range designated6

under the section.

7‘‘(2) DISBURSEMENT.—Funding provided under

8

this subsection shall be divided evenly among all

9

UAS test ranges designated under this section, for10

the purpose of providing matching funds to commer-

11

cial entities described in paragraph (1) and available

12

until expended.

13‘‘(i) TERMINATION.—The program under this section

14 shall terminate on September 30, 2028.’’.
1516(b) CONFORMING AMENDMENTS.—(1)

CONFORMINGAMENDMENT.—Section

1744801(10) of title 49, United States Code, is18amended by striking ‘‘any of the 6 test ranges estab-

19

lished by the Administrator under section 332(c) of20

the FAA Modernization and Reform Act of 201221

(49 U.S.C. 40101 note), as in effect on the day be-22fore the date of enactment of the FAA Reauthoriza-

23

tion Act of 2018, and any public entity authorized

24

by the Federal Aviation Administration as an un-

25manned aircraft system flight test center before Jan-MUR24306 DVY

S.L.C.

879
1uary 1, 2009’’ and inserting ‘‘the test ranges des-2

ignated by the Administrator under section 44803’’.

3(2) CLERICAL AMENDMENT.—The analysis for4chapter 448 of title 49, United States Code, is5amended by striking the item relating to section

644803 and inserting the following:‘‘44803. Unmanned aircraft system test ranges.’’.

7(c) SENSE OF CONGRESS.—It is the sense of Con-

8 gress that the test ranges designated under section 44803
9 of title 49, United States Code, shall—
10(1) provide fair and accessible services to a11

broad variety of unmanned aircraft technology devel-

12

opers, to the extent practicable;

13(2) operate in the best interest of domestic

14

technology developers in terms of intellectual prop-

15

erty and proprietary data protections; and

16
17
18
19

(3) comply with data sharing and collection requirements prescribed by the FAA.
SEC. 926. PUBLIC SAFETY USE OF TETHERED UAS.

(a) IN GENERAL.—Section 44806 of title 49, United

20 States Code, is amended—21(1) in the section heading by inserting ‘‘AND

22

PUBLIC SAFETY USE OF TETHERED UNMANNED23

AIRCRAFT SYSTEMS’’ after ‘‘SYSTEMS’’;24(2) in subsection (c)—MUR24306 DVY

S.L.C.

880
1
2
3
4
5

(A) in the subsection heading by inserting‘‘SAFETY USE OF’’ after ‘‘PUBLIC’’; and(B) in paragraph (1)—(i) in the matter preceding subparagraph (A)—6(I) by striking ‘‘Not later than7

180 days after the date of enactment

8of this Act, the’’ and inserting ‘‘The’’;9(II) by striking ‘‘permit the use

10of’’ and inserting ‘‘permit’’;11(III) by striking ‘‘public’’; and12(IV) by inserting ‘‘by a public

13

safety organization for such systems’’

14

after ‘‘systems’’;15(ii) by striking subparagraph (A) and16

inserting the following:

17‘‘(A) operated—

18‘‘(i) at or below an altitude of 150

19feet above ground level within class B, C,

20

D, E, or G airspace, but not at a greater

21

altitude than the ceiling depicted on the

22

UAS Facility Maps published by the Fed-23

eral Aviation Administration, where appli-

24

cable;

MUR24306 DVY

S.L.C.

881
1‘‘(ii) within zero-grid airspaces as de-2

picted on such UAS Facility Maps, only if

3

operated in life-saving or emergency situa-

4

tions and with prior notification to the Ad-

5ministration in a manner determined by

6

the Administrator; or7‘‘(iii) above 150 feet above ground8

level within class B, C, D, E, or G airspace

9

only with prior authorization from the Ad-

10ministrator;’’;(iii) by striking subparagraph (B);

11
12

and

13

(iv) by redesignating subparagraphs

14(C), (D), and (E) as subparagraphs (B),

15(C), and (D), respectively; and16(C) in paragraph (3) by striking ‘‘Public

17

actively’’ and inserting ‘‘Actively’’; and18(3) by adding at the end the following:19‘‘(e) DEFINITION.—In this section, the term ‘public

20 safety organization’ means an entity that primarily en21 gages in activities related to the safety and well-being of
22 the general public, including law enforcement, fire depart23 ments, emergency medical services, and other organiza24 tions that protect and serve the public in matters of safety
25 and security.’’.

MUR24306 DVY

S.L.C.

8821(b) CLERICAL AMENDMENT.—The analysis for chap-

2 ter 448 of title 49, United States Code, is amended by
3 striking the item relating to section 44806 and inserting
4 the following:‘‘44806. Public unmanned aircraft systems and public safety use of tethered unmanned aircraft systems.’’.

5(c) DEFINITION.—Section 44801(1) of title 49,

6 United States Code, is amended—
7(1) by striking subparagraph (A) and inserting:8‘‘(A) weighs 55 pounds or less, including

9

payload but not including the tether;’’;10(2) in subparagraph (B) by striking ‘‘and’’ at

11
12
13
14

the end;(3) in subparagraph (C) by striking the period
at the end and inserting a semicolon; and(4) by adding at the end the following:

15‘‘(D) is able to maintain safe flight control

16

in the event of a power or flight control failure

17

during flight; and1819‘‘(E) is programmed to initiate a controlled
landing in the event of a tether separation.’’.

20

SEC. 927. EXTENDING SPECIAL AUTHORITY FOR CERTAIN

21

UNMANNED AIRCRAFT SYSTEMS.

22(a) EXTENSION.—Section 44807(d) of title 49,

23 United States Code, is amended by striking ‘‘May 10,
24 2024’’ and inserting ‘‘September 30, 2033’’.

MUR24306 DVY

S.L.C.

883
1(b) CLARIFICATION.—Section 44807 of title 49,

2 United States Code, is amended—3(1) in subsection (a)—4(A) by inserting ‘‘or chapter 447’’ after

5‘‘Notwithstanding any other requirement of this6

chapter’’;7(B) by striking ‘‘the Secretary of Trans-8

portation’’ and inserting ‘‘the Administrator of9

the Federal Aviation Administration’’; and(C) by striking ‘‘if certain’’ and inserting

10
11‘‘how’’;

12(2) in subsection (b)—(A) by striking ‘‘Secretary’’ and inserting

13
14‘‘Administrator’’; and(B) by striking ‘‘which types of’’ and in-

15
16

serting ‘‘how such’’.

17(3) by striking subsection (c) and inserting the18

following:

19‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—

20‘‘(1) IN GENERAL.—In carrying out this sec-

21

tion, the Administrator shall establish requirements,

22

or a process to accept proposed requirements, for23

the safe and efficient operation of unmanned aircraft24

systems in the national airspace system, includingMUR24306 DVY

S.L.C.

8841

operations related to testing and evaluation of pro-2

prietary systems.

3‘‘(2) EXPEDITED EXEMPTIONS AND APPROV-

4

ALS.—The Administrator shall, taking into account5

the statutory mandate to ensure safe and efficient6

use of the national airspace system, issue approv-

7

als—

8

‘‘(A) to enable low-risk beyond visual line

9of sight operations, including at a minimum

10

package delivery operations, extended visual line

11

of sight operations, or shielded operations with-12

in 100 feet of the ground or a structure; or

13‘‘(B) that are aligned with Administration

14

exemptions or approvals that enable beyond vis-15

ual line of sight operations with the use of16

acoustics, ground based radar, automatic de-17pendent surveillance–broadcast, and other tech-18

nological solutions.

19‘‘(3) TREATMENT OF MITIGATION MEASURES.—

20

To the extent that an operation under this section

21

will be conducted exclusively within the airspace of

22

a Mode C Veil, such operation shall be treated as23

satisfying the requirements of section 91.113(b) of

24

title 14, Code of Federal Regulations, if the oper-

25

ation employs—

MUR24306 DVY

S.L.C.

8851‘‘(A) automatic dependent surveillance–2

broadcast in-based detect and avoid capabilities;

3‘‘(B) air traffic control communication and4

coordination;5‘‘(C) aeronautical information management6

systems acceptable to the Administrator, such7

as notices to air missions, to notify other air-8

space users of such operations; or‘‘(D) any other risk mitigations as set by

910

the Administrator.

11‘‘(4) RULE

12

OF

CONSTRUCTION.—Nothinginthis subsection shall be construed to—13‘‘(A) provide an unmanned aircraft oper-

14

ating pursuant to this section the right of way

15

over a manned aircraft; or

16‘‘(B) limit the authority of the Adminis-

17

trator to impose requirements, conditions, or18

limitations on operations conducted under this19

section in order to address safety concerns.’’;

20

and

21

(4) by adding at the end the following:22‘‘(e) AUTHORITY.—The Administrator may exercise

23 the authorities described in this section, including waiving
24 applicable parts of title 14, Code of Federal Regulations,
25 without initiating a rulemaking or imposing the require-MUR24306 DVY

S.L.C.

886
1 ments of part 11 of title 14, Code of Federal Regulations,
2 to the extent consistent with aviation safety.’’.
3(c) CLARIFICATIONOFSTATUSOFPREVIOUSLY

4 ISSUED RULEMAKINGS AND EXEMPTIONS.—
5(1) RULEMAKINGS.—Any rule issued pursuant

6

to section 44807 of title 49, United States Code,7

shall continue to be in effect following the expiration

8of such authority.

9(2)

EXEMPTIONS.—Any

exemption

granted10

under the authority described in section 44807 of

11

title 49, United States Code, and in effect as of the12

expiration of such authority, shall continue to be in

13

effect until the date that is 3 years after the date14

of termination described in such exemption, provided

15

the Administrator does not determine there is a16

safety risk.

17(3) RULESOFCONSTRUCTION.—Nothing

in18

this section shall be construed to interfere with the19Administrator’s—

20(A) authority to rescind or amend an ex-

21

emption for reasons such as unsafe conditions

22or operator oversight; or

23(B) ability to grant an exemption based on

24

a determination made pursuant to section

25

44807 of title 49, United States Code, prior toMUR24306 DVY

S.L.C.

887
1

the date described in subsection (d) of such sec-

2

tion.

3

SEC. 928. RECREATIONAL OPERATIONS OF DRONE SYS-

4

TEMS.

(a) SPECIFIED EXCEPTION

56REATIONALFOR

LIMITED REC-OPERATIONS OF UNMANNED AIRCRAFT.—

7 Section 44809 of title 49, United States Code, is amend8 ed—
910(1) in subsection (a) by striking paragraph (6)and inserting the following:

11‘‘(6) Except for circumstances when the Admin-

12

istrator establishes alternative altitude ceilings or as

13

otherwise authorized in section (c), in Class G air-

14

space, the aircraft is flown from the surface to not

15

more than 400 feet above ground level and complies

16

with all airspace and flight restrictions and prohibi-

17

tions established under this subtitle, such as special

18

use airspace designations and temporary flight re-19

strictions.’’;20(2) by striking subsection (c) and inserting the21

following:

22‘‘(c) OPERATIONS AT FIXED SITES.—

23‘‘(1) IN GENERAL.—The Administrator shall es-

24tablish a process to approve, and publicly dissemi-

25

nate the location of, fixed sites at which a person

MUR24306 DVY

S.L.C.

888
1

may carry out recreational unmanned aircraft sys-2

tem operations.

34‘‘(2) OPERATING PROCEDURES.—‘‘(A)CONTROLLEDAIRSPACE.—Persons

5

operating unmanned aircraft under paragraph

6(1) from a fixed site within Class B, Class C,

7

or Class D airspace or within the lateral bound-8

aries of the surface area of Class E airspace9

designated for an airport, or a community-

10

based organization sponsoring operations within

11such airspace, shall make the location of the

12

fixed site known to the Administrator and shall13

establish a mutually agreed upon operating pro-14

cedure with the air traffic control facility.

15‘‘(B) ALTITUDE.—The Administrator, in

16

coordination with community-based organiza-

17

tions sponsoring operations at fixed sites, shall18

develop a process to approve requests for rec-19

reational unmanned aircraft systems operations

20

at fixed sites that exceed the maximum altitude

21

contained in a UAS Facility Map published by

22

the Federal Aviation Administration.

23‘‘(C) UNCONTROLLED AIRSPACE.—Subject

24

to compliance with all airspace and flight re-25

strictions and prohibitions established underMUR24306 DVY

S.L.C.

889
1

this subtitle, including special use airspace des-2

ignations and temporary flight restrictions, per-3

sons operating unmanned aircraft systems from4

a fixed site designated under the process de-5

scribed in paragraph (1) may operate within

6

Class G airspace—7‘‘(i) up to 400 feet above ground level,

8

without prior authorization from the Ad-

9ministrator; and10‘‘(ii) above 400 feet above ground11

level, with prior authorization from the Ad-

12ministrator.

13

‘‘(3)

UNMANNEDAIRCRAFTWEIGHING

55

14

POUNDS OR GREATER.—A

person may operate an

15

unmanned aircraft weighing 55 pounds or greater,

16

including the weight of anything attached to or car-17

ried by the aircraft, if—

18‘‘(A) the unmanned aircraft complies with19

standards and limitations developed by a com-20

munity-based organization and approved by the21

Administrator; and‘‘(B) the aircraft is operated from a fixed

22
23

site as described in paragraph (1).

24

‘‘(4)

25

FAA-RECOGNIZEDIDENTIFICATION

AREAS.—In implementing subpart C of part 89 ofMUR24306 DVY

S.L.C.

890
1

title 14, Code of Federal Regulations, the Adminis-

2

trator shall prioritize the review and adjudication of3

requests to establish FAA Recognized Identification

4

Areas at fixed sites established under this section.’’;(3) in subsection (d)—5(A) in paragraph (3) by striking ‘‘sub-6

section (a) of’’; and

78(B) by striking the subsection designation

9and heading and all that follows through ‘‘(3)10SAVINGS CLAUSE.—’’ and inserting ‘‘(d) SAV-

11

INGS CLAUSE.—’’;

12(4) in subsection (f)(1) by striking ‘‘updates

13
14
15

to’’;
(5) by striking subsection (g)(1) and inserting
the following:

16‘‘(1) IN GENERAL.—The Administrator, in con-17

sultation with manufacturers of unmanned aircraft

18

systems, community-based organizations, and other19

industry stakeholders, shall develop, maintain, and20

update, as necessary, an aeronautical knowledge and21

safety test. Such test shall be administered electroni-

22cally by the Administrator or a person designated by

23

the Administrator.’’; and24(6) in subsection (h)—MUR24306 DVY

S.L.C.

891
(A)

1

by

redesignating

paragraphs(1)2

through (6) as paragraphs (2) through (7), re-3spectively; and(B) by inserting before paragraph (2) (as45so redesignated) the following:

6‘‘(1) is recognized by the Administrator of the7

Federal Aviation Administration;’’.

8(b) USE OF UNMANNED AIRCRAFT SYSTEMS FOR

9 EDUCATIONAL PURPOSES.—Section 350 of the FAA Re10 authorization Act of 2018 (49 U.S.C. 44809 note) is
11 amended—
12(1) in subsection (a)—13(A) by redesignating paragraphs (2) and14(3) as paragraphs (3) and (4), respectively; and15(B) by inserting before paragraph (3) (as16

so redesignated) the following:

17‘‘(2) operated by an elementary school, a sec-18

ondary school, or an institution of higher education

19

for educational or research purposes;’’; and20(2) in subsection (d)—21(A) in paragraph (2) by inserting ‘‘an ele-

22

mentary school, or a secondary school’’ after

23‘‘with respect to the operation of an unmanned

24

aircraft system by an institution of higher edu-

25

cation,’’; andMUR24306 DVY

S.L.C.

892(B) by adding at the end the following:

1‘‘(3) ELEMENTARY2SCHOOL.—Theterm ‘ele-

3

mentary school’ has the meaning given to that term4by section 8101 of the Elementary and Secondary

5

Education Act of 1965 (20 U.S.C. 7801(19)).
‘‘(4) SECONDARY6SCHOOL.—Theterm ‘sec-

7

ondary school’ has the meaning given to that term

8by section 8101 of the Elementary and Secondary

9

Education Act of 1965 (20 U.S.C. 7801(45)).’’.

10
11

SEC. 929. APPLICATIONS FOR DESIGNATION.

(a) IN GENERAL.—Section 2209 of the FAA Exten-

12 sion, Safety, and Security Act of 2016 (49 U.S.C. 44802
13 note) is amended—(1) in subsection (a) by inserting ‘‘, including

14
15

temporarily,’’ after ‘‘restrict’’;16(2) in subsection (b)(1)(C)(iv) by striking

17‘‘Other locations that warrant such restrictions’’ and18

inserting ‘‘State prisons’’; and(3) by adding at the end the following:

1920‘‘(f) DEADLINES.—

21‘‘(1) Not later than 90 days after the date of

22enactment of the FAA Reauthorization Act of 2024,

23

the Administrator shall publish a notice of proposed24

rulemaking to carry out the requirements of this sec-

25

tion.

MUR24306 DVY

S.L.C.

893
1‘‘(2) Not later than 16 months after publishing2

the notice of proposed rulemaking under paragraph3(1), the Administrator shall issue a final rule based

4on the notice of proposed rulemaking published5

under paragraph (1).

6‘‘(g) DEFINITION OF STATE PRISON.—In this sec-

7 tion, the term ‘State prison’ means an institution under
8 State jurisdiction, including a State Department of Cor9 rections, the primary use of which is for the confinement
10 of individuals convicted of a felony.’’.
11

SEC. 930. BEYOND VISUAL LINE OF SIGHT OPERATIONS

12FOR UNMANNED AIRCRAFT SYSTEMS.

13(a) IN GENERAL.—Chapter 448 of title 49, United

14 States Code, is amended by adding at the end the fol15 lowing:
16 ‘‘§ 44811. Beyond visual line of sight operations for
17
18

unmanned aircraft systems‘‘(a) PROPOSED RULE.—Not later than 4 months

19 after the date of enactment of the FAA Reauthorization
20 Act of 2024, the Administrator shall issue a notice of pro21 posed rulemaking establishing a performance-based regu22 latory pathway for unmanned aircraft systems (in this sec23 tion referred to as ‘UAS’) to operate beyond visual line
24 of sight (in this section referred to as ‘BVLOS’).

MUR24306 DVY

S.L.C.

8941‘‘(b) REQUIREMENTS.—The proposed rule required

2 under subsection (a) shall, at a minimum, establish the
3 following:
4‘‘(1) Acceptable levels of risk for BVLOS UAS

5

operations, including the levels developed pursuant

6

to section 931 of the FAA Reauthorization Act of

7

2024.

8

‘‘(2) Standards for remote pilots or UAS opera-

9

tors for BVLOS operations, taking into account10

varying levels of automated control and management

11of UAS flights.

12‘‘(3) An approval or acceptance process for

13

UAS and associated elements (as defined by the Ad-

14

ministrator), which may leverage the creation of a

15

special airworthiness certificate or a manufacturer’s

16

declaration of compliance to a Federal Aviation Ad-

17ministration accepted means of compliance. Such

18

process—

19
20
21
22

‘‘(A) shall not require, but may allow for,the use of type or production certification;‘‘(B) shall consider the airworthiness of
any UAS that—23‘‘(i) is within a maximum gross weight24

or kinetic energy, as determined by the Ad-

25

ministrator; andMUR24306 DVY

S.L.C.

895
1‘‘(ii) operates within a maximum

2

speed limit as determined by the Adminis-

3

trator;4‘‘(C) may require such systems to operate

5in the national airspace system at altitude lim-6

its determined by the Administrator; and7‘‘(D) may require such systems to operate

8

at standoff distances from the radius of a struc-9ture or the structure’s immediate uppermost

10

limit, as determined by the Administrator.

11‘‘(4) Operating rules for UAS that have been

12

approved or accepted as described in paragraph (3).

13‘‘(5) Protocols, if appropriate, for networked in-

14

formation exchange, such as network-based remote

15

identification, in support of BVLOS operations.

16‘‘(6) The safety of manned aircraft operating in17

the national airspace system and consider the ma-

18

neuverability and technology limitations of certain

19

aircraft, including hot air balloons.

20‘‘(c) FINAL RULE.—Not later than 16 months after

21 publishing the proposed rule under subsection (a), the Ad22 ministrator shall issue a final rule based on such proposed
23 rule.
24‘‘(d) SAVINGS CLAUSE.—Nothing in this section shall

25 be construed to require the agency to rescope any rule-MUR24306 DVY

S.L.C.

896
1 making efforts related to UAS BVLOS operations that are
2 ongoing as of the date of enactment of the FAA Reauthor3 ization Act of 2024.’’.
4(b) CLERICAL AMENDMENT.—The analysis for chap-

5 ter 448 of title 49, United States Code, is amended by
6 adding at the end the following:‘‘44811. Beyond visual line of sight operations for unmanned aircraft systems.’’.

78
9SEC. 931. ACCEPTABLE LEVELS OF RISK AND RISK ASSESSMENT METHODOLOGY.

(a) IN GENERAL.—Not later than 180 days after the

10 date of enactment of this Act, the Administrator shall de11 velop a risk assessment methodology that allows for the
12 determination of acceptable levels of risk for unmanned
13 aircraft system operations, including operations beyond
14 visual line of sight, conducted—
15
16
17
18
19

(1) under waivers issued to part 107 of title 14,
Code of Federal Regulations;(2) pursuant to section 44807 of title 49,
United States Code; or(3) pursuant to other applicable regulations, as

20

appropriate.

21(b) RISK ASSESSMENT METHODOLOGY CONSIDER-

22

ATIONS.—In establishing the risk assessment methodology

23 under this section, the Administrator shall ensure align24 ment with the considerations included in the order issued
25 by the FAA titled ‘‘UAS Safety Risk Management Policy’’MUR24306 DVY

S.L.C.

897
1 (FAA Order 8040.6A), and any subsequent amendments
2 to such order, as the Administrator considers appropriate.
3(c) PUBLICATION.—The Administrator shall make4 the risk assessment methodology established under this
5 section available to the public on an appropriate website
6 of the Administration and update such methodology as
7 necessary.
89SEC. 932. THIRD-PARTY SERVICE APPROVALS.

(a) APPROVAL PROCESS.—Not later than 1 year

10 after the date of enactment of this Act, the Administrator
11 shall establish procedures, which may include a rule12 making, to approve third-party service suppliers, including
13 third-party service suppliers of unmanned aircraft system
14 traffic management, to support the safe integration and
15 commercial operation of unmanned aircraft systems.
16(b) ACCEPTANCE OF STANDARDS.—In establishing

17 the approval process required under subsection (a), the18 Administrator shall ensure that, to the maximum extent
19 practicable, industry consensus standards, such as ASTM
20 International Standard F3548–21, titled ‘‘UAS Traffic
21 Management (UTM) UAS Service Supplier (USS) Inter22 operability’’, are included as an acceptable means of com23 pliance for third-party services.

MUR24306 DVY

S.L.C.

8981(c) APPROVALS.—In establishing the approval proc-

2 ess required under subsection (a), the Administrator
3 shall—4(1) define and implement criteria and condi-

5

tions for the approval and oversight of third-party

6

service suppliers that—

7(A) could have a direct or indirect impact

8

on air traffic services in the national airspace9

system; and(B) require FAA oversight; and1011(2) establish procedures by which unmanned

12

aircraft systems can use the capabilities and services

13of third-party service suppliers to support oper-

14

ations.

15(d) HARMONIZATION.—In carrying out this section,

16 the Administrator shall seek to harmonize, to the extent
17 practicable and advisable, any requirements and guidance
18 for the development, use, and operation of third-party ca19 pabilities and services, including UTM, with similar re20 quirements and guidance of other civil aviation authori21 ties.
22(e) COORDINATION.—In carrying out this section, the23 Administrator shall consider any relevant information pro24 vided by the Administrator of the National Aeronautics
25 and Space Administration regarding research and develop-

MUR24306 DVY

S.L.C.

899
1 ment efforts the National Aeronautics and Space Adminis2 tration may have conducted related to the use of UTM
3 providers.
4(f) THIRD-PARTY SERVICE SUPPLIER DEFINED.—In

5 this section, the term ‘‘third-party service supplier’’ means
6 an entity other than the FAA that provides a distributed
7 service that affects the safety or efficiency of the national
8 airspace system, including UAS service suppliers, supple9 mental data service providers, and infrastructure pro10 viders, such as providers of ground-based surveillance,
11 command-and-control, and information exchange to an12 other party.
1314(g) RULES OF CONSTRUCTION.—(1) BEYOND

VISUAL LINE OF SIGHT OPER-

15

ATIONS.—Nothing in this section shall be construed16

to prevent or prohibit beyond visual line of sight op-

17

erations of unmanned aircraft systems, or other18

types of operations, through the use of technologies

19

other than third-party capabilities and services.

20(2) AIRSPACE.—Nothing in this section shall be

21

construed to alter the authorities provided under22

section 40103 of title 49, United States Code.

MUR24306 DVY

S.L.C.

900
1SEC. 933. SPECIAL AUTHORITY FOR TRANSPORT OF HAZ-

2

ARDOUS MATERIALS BY COMMERCIAL PACK-3

AGE DELIVERY UNMANNED AIRCRAFT SYS-

4

TEMS.

5

(a) IN GENERAL.—Notwithstanding any other Fed-

6 eral requirement or restriction related to the transpor7 tation of hazardous materials on aircraft, the Secretary
8 shall, beginning not later than 180 days after enactment
9 of this section, use a risk-based approach to establish the
10 operational requirements, standards, or special permits
11 necessary to approve or authorize an air carrier to trans12 port hazardous materials by unmanned aircraft systems
13 providing common carriage under part 135 of title 14,
14 Code of Federal Regulations, or under successor authori15 ties, as applicable, based on the weight, amount, and type
16 of hazardous material being transported and the charac17 teristics of the operations subject to such requirements,
18 standards, or special purposes.
19(b) REQUIREMENTS.—In carrying out subsection (a),20 the Secretary shall consider, at a minimum—
2122(1) the safety of the public and users of the national airspace system;

23(2) efficiencies of allowing the safe transpor-

24

tation of hazardous materials by unmanned aircraft25

systems and such carriage complies with the haz-26

ardous materials regulations under subchapter C of

MUR24306 DVY

S.L.C.

901
1

chapter I of title 49, Code of Federal Regulations,2

including any changes to such regulations issued

3

pursuant to this section;

4(3) the risk profile of the transportation of haz-5ardous materials by unmanned aircraft systems, tak-6

ing into consideration the risk associated with dif-7

fering weights, quantities, and packing group classi-

8

fications of hazardous materials;

9(4) mitigations to the risk of the hazardous ma-

10terials being transported, based on the weight,

11

amount, and type of materials being transported and12

the characteristics of the operation, including oper-

13

ational and aircraft-based mitigations; and

14(5) the altitude at which unmanned aircraft op-

15

erations are conducted.

16(c) SAFETY RISK ASSESSMENTS.—The Secretary

17 may require unmanned aircraft systems operators to sub18 mit a safety risk assessment acceptable to the Adminis19 trator, as part of the operator certification process, in
20 order for such operators to perform the carriage of haz21 ardous materials as authorized under this section.
22(d) CONFORMITY OF HAZARDOUS MATERIALS REGU-23

LATIONS.—The Secretary shall make such changes as are

24 necessary to conform the hazardous materials regulations
25 under parts 173 and 175 of title 49, Code of Federal Reg-

MUR24306 DVY

S.L.C.

902
1 ulations, to this section. Such changes shall be made con2 currently with the revision described in subsection (a).
34(e) STAKEHOLDER INPUT ON CHANGES TO THE HAZARDOUS MATERIALS REGULATIONS.—

5(1) IMPLEMENTATION.—Not later than 180

6days of the date of enactment of this Act, the Sec-7

retary shall hold a public meeting to obtain input on

8changes necessary to implement this section.

9

(2)

10

shall—

11

PERIODIC(A)

UPDATES.—The

periodicallyreview,as

Secretarynecessary,

12

amounts of hazardous materials allowed to be

13

carried by unmanned aircraft systems pursuant

14

to this section; and

15(B) determine whether such amounts

16

should be revised, based on operational and17

safety data, without negatively impacting over-18

all aviation safety.

19(f) SAVINGS CLAUSE.—Nothing in this section shall

20 be construed to—21(1) limit the authority of the Secretary, the Ad-

22

ministrator, or the Administrator of the Pipeline and23

Hazardous Materials Safety Administration from24

implementing requirements to ensure the safe car-25

riage of hazardous materials by aircraft; andMUR24306 DVY

S.L.C.

903
1(2) confer upon the Administrator the authori-2ties of the Administrator of the Pipeline and Haz-

3ardous Materials Safety Administration under part4

175 of title 49, Code of Federal Regulations, and5chapter 51 of title 49, United States Code.

6(g) DEFINITION OF HAZARDOUS MATERIALS.—In

7 this section, the term ‘‘hazardous materials’’ has the
8 meaning given such term in section 5102 of title 49,
9 United States Code.
10
11

SEC. 934. OPERATIONS OVER HIGH SEAS.

(a) IN GENERAL.—To the extent permitted by treaty

12 obligations of the United States, including the Convention
13 on International Civil Aviation (in this section referred to
14 as ‘‘ICAO’’), the Administrator shall work with other civil
15 aviation authorities to establish and implement operational
16 approval processes to permit unmanned aircraft systems
17 to operate over the high seas within flight information re18 gions for which the United States is responsible for oper19 ational control.
20(b) CONSULTATION.—In establishing and imple-

21 menting the operational approval process under subsection
22 (a), the Administrator shall consult with appropriate
23 stakeholders, including industry stakeholders.
24(c) ICAO ACTIVITIES.—Not later than 6 months

25 after the date of enactment of this Act, the Administrator

MUR24306 DVY

S.L.C.

904
1 shall engage ICAO through the submission of a working
2 paper, panel proposal, or other appropriate mechanism to
3 clarify the permissibility of unmanned aircraft systems to
4 operate over the high seas.
5(d) REVIEW.—Not later than 6 months after the date

6 of enactment of this Act, the Administrator shall review
7 whether, and to what extent, ICAO member states are ap8 proving the operation of unmanned aircraft systems over
9 the high seas and brief the appropriate committees of Con10 gress regarding the findings of such review.
11
12

SEC. 935. PROTECTION OF PUBLIC GATHERINGS.

(a) IN GENERAL.—Chapter 448 of title 49, United

13 States Code, is further amended by adding at the end the
14 following:
15 ‘‘§ 44812. Temporary flight restrictions for unmanned
16

aircraft17‘‘(a) IN GENERAL.—

18‘‘(1) TEMPORARY FLIGHT RESTRICTIONS.—The

19

Administrator of the Federal Aviation Administra-

20

tion shall, upon the request by an eligible entity,

21

temporarily restrict unmanned aircraft operations

22

over eligible large public gatherings.

23‘‘(2) DENIAL.—Notwithstanding paragraph (1),24

the Administrator may deny a request for a tem-

MUR24306 DVY

S.L.C.

905
1

porary flight restriction sought under paragraph (1)

2

if—

3

‘‘(A) the temporary flight restriction would

4

be inconsistent with aviation safety or security,

5

would create a hazard to people or property on

6

the ground, or would unnecessarily interfere7with the efficient use of the airspace;

8‘‘(B) the entity seeking the temporary

9flight restriction does not comply with the re-10quirements in subsection (b);1112‘‘(C) the eligibility requirements in subsections (c) and (d) have not been met;

13‘‘(D) a flight restriction exists to the air-

14

space overlying the same location as the tem-

15

porary flight restriction sought under this sec-

16

tion; or1718
19‘‘(E) the Administrator determines appropriate for any other reason.
‘‘(b) REQUIREMENTS.—

20‘‘(1) ADVANCE NOTICE.—Eligible entities may

21

only request a temporary flight restriction under22

subsection (a) not less than 30 calendar days prior23

to the eligible event.

24‘‘(2) REQUIRED DATA.—Eligible entities seek-25

ing a temporary flight restriction under this section

MUR24306 DVY

S.L.C.

906
1

shall provide the Administrator with all relevant in-2formation, including the following:

3‘‘(A) Geographic boundaries of the stadium

4

or other venue hosting the eligible large public

5gathering, as applicable.

6‘‘(B) The dates and anticipated starting

7

and ending times for the large public gathering.

8‘‘(C) Points of contact for the requesting

9

eligible entity and the on-scene incident com-

10

mand responsible for securing the large public

11

gathering.

12‘‘(D) Any other information the Adminis-

13

trator considers necessary to establish the re-14

striction.

15‘‘(c) ELIGIBLE LARGE PUBLIC GATHERINGS.—

16‘‘(1) IN GENERAL.—To be eligible for a tem-

17

porary flight restriction under this section, large

18

public gatherings hosted in a stadium or other venue

19

shall—

20
21‘‘(A) be hosted in a stadium or other venue
that—

22

‘‘(i) has previously hosted events

23

qualifying for the application of special se-24

curity instructions in accordance with sec-

25

tion 521 of the Transportation, Treasury,

MUR24306 DVY

S.L.C.

907
1

and Independent Agencies Appropriations

2

Act, 2004 (Public Law 108–199); and‘‘(ii) is not enclosed;

3‘‘(B) have an estimated attendance of at

4
5

least 30,000 people; and6‘‘(C) be advertised in the public domain.

7‘‘(2) ADDITIONAL GATHERINGS.—To be eligible

8

for a temporary flight restriction under this section,

9large public gatherings hosted in a venue other than

10

a stadium or other venue described in paragraph

11(1)(A) shall—‘‘(A) have an estimated attendance of at

12
13

least 100,000 people;

14‘‘(B) be primarily outdoors;

15‘‘(C) have a defined and static geo-

16

graphical boundary; and‘‘(D) be advertised in the public domain.

1718‘‘(d) ELIGIBLE ENTITIES.—An entity eligible to re-

19 quest a temporary flight restriction under subsection (a)20 shall be a credentialed law enforcement organization of the
21 Federal Government or a State, local, Tribal, or territorial
22 government.
23‘‘(e) TIMELINESS.—The Administrator shall make24 every practicable effort to assess eligibility and establish

MUR24306 DVY

S.L.C.

908
1 temporary flight restrictions under subsection (a) in a
2 timely fashion.
3‘‘(f) PUBLIC INFORMATION.—Any temporary flight

4 restriction designated under section shall be published by
5 the Administrator in a publicly accessible manner at least6 2 days prior to the start of the eligible large public gath7 ering.
8‘‘(g) PROHIBITION ON OPERATIONS.—No person may

9 operate an unmanned aircraft within a temporary flight
10 restriction established under this section unless—1112‘‘(1) the Administrator authorizes the operationfor operational or safety purposes;

13‘‘(2) the operation is being conducted for safety,

14

security, or compliance oversight purposes and is au-

15

thorized by the Administrator; or16‘‘(3) the aircraft operation is conducted with17

the approval of the eligible entity.

18‘‘(h) SAVINGS CLAUSE.—Nothing in this section may

19 be construed as prohibiting the Administrator from au20 thorizing the operation of an aircraft, including an un21 manned aircraft system, over, under, or within a specified
22 distance from an eligible large public gathering for which
23 a temporary flight restriction has been established under
24 this section or cancelling a temporary flight restriction es25 tablished under this section.

MUR24306 DVY

S.L.C.

9091‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-

2 tion shall be construed to prevent the Administrator from
3 using existing processes or procedures to meet the intent
4 of this section.’’.
5(b) CLERICAL AMENDMENT.—The analysis for chap-

6 ter 448 of title 49, United States Code, is further amend7 ed by adding at the end the following:‘‘44812. Temporary flight restrictions for unmanned aircraft.’’.

89SEC. 936. COVERED DRONE PROHIBITION.

(a) PROHIBITIONS.—The Secretary is prohibited

10 from—(1) entering into, extending, or renewing a con-11
12

tract or awarding a grant—

13(A) for the operation, procurement, or con-14

tracting action with respect to a covered un-

15manned aircraft system; or

16(B) to an entity that operates (as deter-

17

mined by the Administrator) a covered un-

18manned aircraft system in the performance of

19such contract;20(2) issuing a grant to a covered foreign entity

21

for any project related to covered unmanned aircraft

22

systems; and(3) operating a covered unmanned aircraft sys-

23
24

tem.

MUR24306 DVY

S.L.C.

910
1(b) EXEMPTIONS.—The Secretary is exempt from

2 any prohibitions under subsection (a) if the grant, oper3 ation, procurement, or contracting action is for the pur4 poses of testing, researching, evaluating, analyzing, or
5 training related to—
6(1) unmanned aircraft detection systems and7

counter-UAS

8

ducted—systems,

includingactivities

con-

9

(A) under the Alliance for System Safety

10of UAS through Research Excellence Center of

11

Excellence of the FAA; or

12(B) by the unmanned aircraft system test

13

ranges designated under section 44803 of title

1449, United States Code;15(2) the safe, secure, or efficient operation of the16national airspace system or maintenance of public

17

safety;18(3) the safe integration of advanced aviation

19

technologies into the national airspace system, in-20

cluding activities carried out under the Alliance for

21

System Safety of UAS through Research Excellence

22

Center of Excellence of the FAA;

23(4) in coordination with other relevant Federal

24

agencies, determining security threats of covered un-

25manned aircraft systems; andMUR24306 DVY

S.L.C.

9111(5) intelligence, electronic warfare, and infor-

2

mation warfare operations.

3(c) WAIVERS.—The Secretary may waive any restric-

4 tions under subsection (a) on a case-by-case basis by noti5 fying the appropriate committees of Congress in writing,
6 not later than 15 days after waiving such restrictions, that
7 the procurement or other activity is in the public interest.
8910(d) REPLACEMENT OF CERTAIN UNMANNED AIRCRAFT SYSTEMS.—(1) IN

GENERAL.—The

Secretary shall take11such actions as are necessary to replace any covered

12

unmanned aircraft system that is owned or operated

13

by the Department of Transportation as of the date14

of enactment of this Act with an unmanned aircraft15

system manufactured in the United States or an al-

16

lied country (as such term is defined in section

172350f(d)(1) of title 10, United States Code) if the18

capabilities of such covered unmanned aircraft sys-

19

tem are consequential to the work of the Depart-

20

ment or the mission of the Department.

21(2) FUNDING.—There is authorized to be ap-

22

propriated to the Secretary $5,000,000 to carry out

23

this subsection.

24(e) EFFECTIVE DATES.—MUR24306 DVY

S.L.C.

912(1)

1

OPERATIONS.—Theprohibitions

under

2

paragraphs (1) and (3) of subsection (a) shall be in

3

effect on the date of enactment of this Act.
(2) GRANTS.—The prohibitions under para-

4
5graphs (1) and (2) of subsection (a) shall—(A) not apply to grants awarded before the6date of enactment of this Act; and7(B) apply to grants awarded after the date8of enactment of this Act.

910(f) APPLICATION OF PROHIBITIONS.—The prohibi-

11 tions under subsection (a) are applicable to all offices and
12 programs of the Department of Transportation, includ13 ing—
14(1) aviation research grant programs;

15(2) aviation workforce development programs

16

established under section 625 of the FAA Reauthor-

17

ization Act of 2018 (49 U.S.C. 40101 note);1819(3) FAA Air Transportation Centers of Excellence;20(4) programs established under sections 631

21

and 632 of the FAA Reauthorization Act of 201822

(49 U.S.C. 40101 note); and23(5) the airport improvement program under24

subchapter I of chapter 471 of title 49, United

25

States Code.

MUR24306 DVY

S.L.C.

913
1(g) RULE OF CONSTRUCTION.—Nothing in this sec-

2 tion shall prevent a State, local, Tribal, or territorial gov3 ernmental agency from procuring or operating a covered
4 unmanned aircraft system purchased with non-Federal
5 funding.
6(h) DEFINITIONS.—In this section:

7(1) COVERED FOREIGN COUNTRY.—The term8‘‘covered foreign country’’ means any of the fol-9

lowing:

10(A) The People’s Republic of China.

11(B) The Russian Federation.

12(C) The Islamic Republic of Iran.

13(D) The Democratic People’s of Korea.

14(E) The Bolivarian Republic of Venezuela.

15(F) The Republic of Cuba.

16(G) Any other country the Secretary deter-

17

mines necessary.

18(2) COVERED19

FOREIGN

ENTITY.—The

term‘‘covered foreign entity’’ means—

20(A) an entity included on the list developed

21

and maintained by the Federal Acquisition Se-

22

curity Council and published in the System for

23

Award Management;

MUR24306 DVY

S.L.C.

9141(B) an entity included on the Consolidated

2

Screening List or Entity List as designated by3

the Secretary of Commerce;

4(C) an entity that is domiciled in, or under5

the influence or control of, a covered foreign

6

country; or

7(D) an entity that is a subsidiary or affil-

8

iate of an entity described under subparagraphs

9(A) through (C).

10(3) COVERED UNMANNED AIRCRAFT SYSTEM.—

11

The term ‘‘covered unmanned aircraft system’’12means—

13(A) a small unmanned aircraft, an un-

14manned aircraft, and unmanned aircraft sys-

15tem, or the associated elements of such aircraft

16

and aircraft systems related to the collection

17

and transmission of sensitive information (con-18

sisting of communication links and the compo-

19

nents that control the unmanned aircraft) that20

enable the operator to operate the aircraft in21

the National Airspace System which is manu-

22

factured or assembled by a covered foreign enti-

23ty; andMUR24306 DVY

S.L.C.

9151(B) an unmanned aircraft detection system

2or counter-UAS system that is manufactured or3

assembled by a covered foreign entity.

4

Subtitle B—Advanced Air Mobility

5SEC. 951. DEFINITIONS.

6

In this subtitle:

7(1) ADVANCED AIR MOBILITY.—The terms ‘‘ad-

8vanced air mobility’’ and ‘‘AAM’’ mean a transpor-

9

tation system that is comprised of urban air mobility

10

and regional air mobility using manned or un-

11manned aircraft.

12

(2)

POWERED-LIFT

AIRCRAFT.—The

term

13

‘‘powered-lift aircraft’’ has the meaning given the14term ‘‘powered-lift’’ in section 1.1 of title 14, Code15

of Federal Regulations.

16(3) REGIONAL AIR MOBILITY.—The term ‘‘re-17

gional air mobility’’ means the movement of pas-

18

sengers or property by air between 2 points using an

19

airworthy aircraft that—

20(A) has advanced technologies, such as dis-21

tributed propulsion, vertical takeoff and land-22

ing, powered lift, nontraditional power systems,

23

or autonomous technologies;

24
25(B) has a maximum takeoff weight ofgreater than 1,320 pounds; andMUR24306 DVY

S.L.C.

916
1(C) is not urban air mobility.

2(4) URBAN AIR MOBILITY.—The term ‘‘urban

3

air mobility’’ means the movement of passengers or

4

property by air between 2 points in different cities

5or 2 points within the same city using an airworthy

6

aircraft that—

7(A) has advanced technologies, such as dis-8

tributed propulsion, vertical takeoff and land-9ing, powered lift, nontraditional power systems,

10

or autonomous technologies; and11(B) has a maximum takeoff weight of

12

greater than 1,320 pounds.

13(5) VERTIPORT.—The term ‘‘vertiport’’ means

14

an area of land, water, or a structure used or in-

15

tended to be used to support the landing, takeoff,

16

taxiing, parking, and storage of powered-lift aircraft17

or other aircraft that vertiport design and perform-

18

ance standards established by the Administrator can

19

accommodate.

20
21
22
23
24
25

SEC. 952. SENSE OF CONGRESS ON FAA LEADERSHIP IN ADVANCED MOBILITY.

It is the sense of Congress that—(1) the United States should take actions to become a global leader in advanced air mobility;(2) as such a global leader, the FAA should—

MUR24306 DVY

S.L.C.

917(A) prioritize work on the type certification

1
2of aircraft;3(B) publish, in line with stated deadlines,

4

rulemakings and policy necessary to enable

5commercial operations, such as the Special Fed-6eral Aviation Regulation of the FAA titled ‘‘In-

7

tegration of Powered-Lift: Pilot Certification

8

and Operations; Miscellaneous Amendments Re-

9lated to Rotorcraft and Airplanes’’, issued on

10June 14, 2023 (2120-AL72);

11(C) work with global partners to promote

12

acceptance of advanced air mobility products;

13

and

14

(D) leverage the existing aviation system15

to the greatest extent possible to support ad-

16vanced air mobility operations; and17(3) the FAA should work with manufacturers,

18

prospective operators of powered-lift aircraft, and19other relevant stakeholders to enable the safe entry

20of such aircraft into the national airspace system.

21

SEC. 953. APPLICATION OF NATIONAL ENVIRONMENTAL

22

POLICY ACT CATEGORICAL EXCLUSIONS FOR

23

VERTIPORT PROJECTS.

24

In considering the environmental impacts of a pro-

25 posed vertiport project on an airport for purposes of com-

MUR24306 DVY

S.L.C.

918
1 pliance with the National Environmental Policy Act of
2 1969 (42 U.S.C. 4321 et seq.), the Administrator shall—
3(1) apply any applicable categorical exclusions4in accordance with the National Environmental Pol-5

icy Act of 1969 (42 U.S.C. 4321 et seq.) and sub-6

chapter A of chapter V of title 40, Code of Federal

7

Regulations; and

8(2) after consultation with the Council on Envi-9ronmental Quality, take steps to establish additional

10

categorical exclusions, as appropriate, for vertiports

11

on an airport, in accordance with the National Envi-12

ronmental Policy Act of 1969 (42 U.S.C. 4321 et

13seq.) and subchapter A of chapter V of title 40,

14

Code of Federal Regulations.

15
16
17

SEC. 954. ADVANCED AIR MOBILITY WORKING GROUPAMENDMENTS.

Section 2 of the Advanced Air Mobility Coordination

18 and Leadership Act (49 U.S.C. 40101 note) is amended—
19
20
21
22
23

(1) in subsection (b) by striking ‘‘, particularly
passenger-carrying aircraft,’’;(2) in subsection (d)(1) by striking subparagraph (D) and inserting the following:‘‘(D) operators of airports, heliports, and24vertiports, and fixed-base operators;’’;25(3) in subsection (e)—MUR24306 DVY

S.L.C.

919
1(A) in the matter preceding paragraph (1)2by striking ‘‘1 year’’ and inserting ‘‘18

3months’’;4(B) in paragraph (3) by inserting ‘‘or that5

may impede such maturation’’ after ‘‘AAM in-

6

dustry’’;

7
8
9
10

(C) in paragraph (7) by striking ‘‘and’’ atthe end;(D) in paragraph (8) by striking the period
at the end and inserting ‘‘; and’’; and11(E) by adding at the end the following:

12‘‘(9) processes and programs that can be lever-13

aged to improve the efficiency of Federal reviews re-14

quired for infrastructure development, including for

15

electrical capacity projects.’’;16(4) in subsection (f)—

17
18
19
20
21

(A) in paragraph (1) by striking ‘‘and’’ atthe end;(B) by redesignating paragraph (2) asparagraph (3);(C) by inserting after paragraph (1) the22

following new paragraph:23‘‘(2) recommendations for sharing expertise and24data on critical items, including long-term elec-

25

trification requirements and the needs of cities (fromMUR24306 DVY

S.L.C.

920
1

a macro-electrification standpoint) to enable the de-2ployment of AAM; and’’; and3(D) in paragraph (3), as redesignated by

4paragraph (2) of this section, by striking ‘‘para-

5graph (1)’’ and inserting ‘‘paragraphs (1) and6(2)’’.

7(5) in subsection (g)—8(A) in the matter preceding paragraph (1)9by striking ‘‘working group’’ and inserting

10‘‘Secretary of Transportation’’;(B) in paragraph (1) by striking ‘‘and’’ at11

the end;12(C) by redesignating paragraph (2) as

13

paragraph (3); and

14(D) by inserting after paragraph (1) the15
16

following:

17‘‘(2) summarizing any dissenting views and18

opinions of a participant of the working group de-19

scribed in subsection (c)(3); and’’;20(6) in subsection (h)—(A) by striking ‘‘Not later than 30 days’’21
22

and inserting the following:

23‘‘(1) IN GENERAL.—Not later than 30 days’’;

24
25

and
(B) by adding at the end the following:MUR24306 DVY

S.L.C.

921
1‘‘(2) CONSIDERATIONS FOR TERMINATION OF

2

WORKING GROUP.—In deciding whether to terminate

3

the working group under this subsection, the Sec-4

retary, in consultation with the Administrator of the5

Federal Aviation Administration, shall consider

6

other interagency coordination activities associated7with AAM, or other new or novel users of the na-

8tional airspace system, that could benefit from con-9tinued wider interagency coordination.’’; and

10(7) in subsection (i)—11(A) in paragraph (1) by striking ‘‘trans-

12

ports people and property by air between two

13

points in the United States using aircraft with

14

advanced technologies, including electric air-15

craft or electric vertical take-off and landing

16

aircraft,’’ and inserting ‘‘is comprised of urban

17

air mobility and regional air mobility using

18

manned or unmanned aircraft’’;

19
20
21
22
23
24

(B) by redesignating paragraph (5) asparagraph (7);(C) by redesignating paragraph (6) asparagraph (9);(D) by inserting after paragraph (4) the
following:MUR24306 DVY

S.L.C.

922
1

‘‘(5)

POWERED-LIFT

AIRCRAFT.—The

term

2

‘powered-lift aircraft’ has the meaning given the3term ‘powered-lift’ in section 1.1 of title 14, Code of4

Federal Regulations.

5‘‘(6) REGIONAL AIR MOBILITY.—The term ‘re-6

gional air mobility’ means the movement of pas-

7

sengers or property by air between 2 points using an

8

airworthy aircraft that—

9‘‘(A) has advanced technologies, such as

10

distributed propulsion, vertical take-off and11

landing, powered-lift, non-traditional power sys-

12tems, or autonomous technologies;

1314‘‘(B) has a maximum takeoff weight ofgreater than 1,320 pounds; and15‘‘(C) is not urban air mobility.’’;16(E) by inserting after paragraph (7), as so

17

redesignated, the following:

18‘‘(8) URBAN AIR MOBILITY.—The term ‘urban

19

air mobility’ means the movement of passengers or

20

property by air between 2 points in different cities

21

or 2 points within the same city using an airworthy

22

aircraft that—

23‘‘(A) has advanced technologies, such as

24

distributed propulsion, vertical takeoff andMUR24306 DVY

S.L.C.

923
1

landing, powered lift, nontraditional power sys-

2tems, or autonomous technologies; and34‘‘(B) has a maximum takeoff weight ofgreater than 1,320 pounds.’’; and5(F) by adding at the end the following:

6‘‘(10) VERTIPORT.—The term ‘vertiport’ means

7

an area of land, water, or a structure, used or in-

8

tended to be used to support the landing, take-off,9taxiing, parking, and storage of powered lift or other10

aircraft that vertiport design and performance11

standards established by the Administrator can ac-

12commodate.’’.

13
14
15

SEC. 955. RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.

(a) SFAR RULEMAKING.—

16(1) IN GENERAL.—Not later than 7 months

17

after the date of enactment of this Act, the Adminis-

18

trator shall publish a final rule for the Special Fed-19

eral Aviation Regulation of the FAA titled ‘‘Integra-

20

tion of Powered-Lift: Pilot Certification and Oper-

21

ations; Miscellaneous Amendments Related to Rotor-

22

craft and Airplanes’’, issued on June 14, 2023

23(2120-AL72), establishing procedures for certifying

24

pilots of powered-lift aircraft and providing oper-MUR24306 DVY

S.L.C.

924
1

ational rules for powered-lift aircraft capable of2transporting passengers and cargo.

3(2) REQUIREMENTS.—With respect to any pow-4ered-lift aircraft type certificated by the Adminis-

5

trator, the regulations established under paragraph

6(1) shall—

78(A) provide a practical pathway for pilot
qualification and operations;9(B) establish performance-based require-

10

ments for energy reserves and other range- and11

endurance-related requirements that reflect the12capabilities and intended operations of the air-13

craft;

14(C) provide for a combination of pilot

15

training requirements, including simulators, to16

ensure the safe operation of powered-lift air-17

craft; and18(D) to the maximum extent practicable,

19align powered-lift pilot qualifications with sec-

20

tion 2.1.1.4 of Annex 1 to the Convention on

21

International Civil Aviation published by the

22

International Civil Aviation Organization.

23(3) CONSIDERATIONS.—In developing the regu-

24

lations required under paragraph (1), the Adminis-

25

trator shall—

MUR24306 DVY

S.L.C.

9251(A) consider whether to grant an indi-2

vidual with an existing commercial airplane3(single- or multi-engine) or helicopter pilot cer-4tificate the authority to serve as pilot-in-com-

5

mand of a powered-lift aircraft in commercial

6

operation following the completion of an FAA-

7

approved pilot type rating for such type of air-8

craft;

9101112(B) consult with the Secretary of Defensewith regard to—(i) the Agility Prime program of the
Air Force;

13(ii) powered-lift aircraft evaluated and14

deployed for military purposes, including

15

the F–35B program; and16(iii) the commonalities and differences

17

between powered-lift aircraft types and the18handling qualities of such aircraft; and19(C) consider the adoption of the rec-20

ommendations for powered-lift operations, as21

appropriate, contained in document 10103 of

22

the International Civil Aviation Organization ti-

23

tled ‘‘Guidance on the Implementation of ICAO

24

Standards and Recommended Practices for25

Tilt-rotors’’, published in 2019.

MUR24306 DVY

S.L.C.

926
12(b) INTERIM APPLICATION OF RULES AND PRIVILEGES IN LIEU OF RULEMAKING.—

3(1) IN GENERAL.—Beginning 16 months after4

the date of enactment of this Act, if a final rule has

5

not been published pursuant to subsection (a)—6(A) the rules in effect on the date that is7

16 months after the date of enactment of this8

Act that apply to the operation and the oper-

9

ator of rotorcraft or fixed-wing aircraft under10

subchapters F, G, H, and I of chapter 1 of title

11

14, Code of Federal Regulations, shall be—

12(i) deemed to apply to—13(I) the operation of a powered-lift

14

aircraft in the national airspace sys-

15tem; and

16(II) the operator of such a pow-17

ered-lift aircraft; and18(ii) applicable, as determined by the19

operator of an airworthy powered-lift air-20

craft in consultation with the Adminis-

21

trator, and consistent with sections 91.3

22

and 91.13 of title 14, Code of Federal

23

Regulations; and24(B) upon the completion of a type rating

25

for a specific powered-lift aircraft, airmen that

MUR24306 DVY

S.L.C.

927
1

hold a pilot or instructor certification with air-2

plane category ratings in any class or rotorcraft

3

category ratings in the helicopter class shall be4deemed to have privileges of a powered-lift rat-

5

ing for such specific powered-lift aircraft.

6(2) TERMINATIONOFINTERIM

RULES

AND

7

PRIVILEGES.—This subsection shall cease to have ef-

8fect 1 month after the effective date of a final rule9

issued pursuant to subsection (a).

10(c) POWERED-LIFT AIRCRAFT AVIATION RULE-

11

MAKING COMMITTEE.—

12(1) IN GENERAL.—Not later than 3 years after13

the date on which the Administrator issues the first14

certificate to a commercially operate a powered-lift

15

aircraft, the Administrator shall establish an avia-

16

tion rulemaking committee (in this section referred17

to as the ‘‘Committee’’) to provide the Administrator

18

with specific findings and recommendations for, at a19

minimum, the creation of a standard pathway for

20

the—

21
22

(A) performance-based certification of powered-lift aircraft;

23(B) certification of airmen capable of serv-

24

ing as pilot-in-command of a powered-lift air-25

craft; andMUR24306 DVY

S.L.C.

9281(C) operation of powered-lift aircraft in2

commercial service and air transportation.

3(2) CONSIDERATIONS.—In providing findings

4

and recommendations under paragraph (1), the5Committee shall consider the following:

6(A) Outcome-driven safety objectives to7spur innovation and technology adoption and8promote the development of performance-based

9

regulations.

10(B) Lessons and insights learned from pre-11

viously published special conditions and other12

Federal Register notices of airworthiness cri-

13

teria for powered-lift aircraft.

14(C) To the maximum extent practicable,

15aligning powered-lift pilot qualifications with16

section 2.1.1.4 of Annex 1 to the Convention on

17

International Civil Aviation published by the

18

International Civil Aviation Organization.

19(D) The adoption of the recommendations

20

contained in document 10103 of the Inter-

21

national Civil Aviation Organization titled

22‘‘Guidance on the Implementation of ICAO

23

Standards and Recommended Practices for24

Tilt-rotors’’, published in 2019, as appropriate.

MUR24306 DVY

S.L.C.

929(E) Practical pathways for pilot qualifica-

1
2

tion and operations.

3(F) Performance-based requirements for4energy reserves and other range- and endur-

5ance-related designs and technologies that re-

6flect the capabilities and intended operations of7

the aircraft.

8(G) A combination of pilot training re-9quirements, including simulators, to ensure the10safe operation of powered-lift aircraft.

11(3) REPORT.—The Committee shall submit to

12

the Administrator a report detailing the findings and13

recommendations of the Committee.

14(d) POWERED-LIFT AIRCRAFT RULEMAKING.—

15(1) IN GENERAL.—Not later than 270 days

16

after the date on which the Committee submits the17report under subsection (c)(3), the Administrator

18

shall initiate a rulemaking to implement the findings

19

and recommendations of the Committee, as deter-

20

mined appropriate by the Administrator.

21(2) REQUIREMENTS.—In developing the rule-22

making under paragraph (1), the Administrator

23

shall—

24(A) consult with the Secretary of Defense25with regard to methods for pilots to gain pro-

MUR24306 DVY

S.L.C.

930
1

ficiency and earn the necessary ratings required2

to act as a pilot-in-command of powered-lift air-3

craft;

4(B) consider and plan for unmanned and5

remotely piloted powered-lift aircraft, and the6associated elements of such aircraft, through7

the promulgation of performance-based regula-

8

tions;

9(C) consider any information and experi-

10

ence gained from operations and efforts that

11

occur as a result of the Special Federal Avia-

12

tion Regulation of the FAA titled ‘‘Integration

13of Powered-Lift: Pilot Certification and Oper-

14

ations; Miscellaneous Amendments Related to15

Rotorcraft and Airplanes’’, issued on June 14,162023 (2120-AL72);

17(D) consider whether to grant an indi-

18

vidual with an existing commercial airplane19(single- or multi-engine) or helicopter pilot cer-

20tificate the authority to serve as pilot-in-com-

21

mand of a powered-lift aircraft in commercial

22

operation following the completion of an FAA-

23

approved pilot type rating for such type of air-24

craft;

MUR24306 DVY

S.L.C.

931
1(E) work to harmonize the certification2and operational requirements of the FAA with3

those of civil aviation authorities with bilateral

4safety agreements in place with the United

5

States, to the extent such harmonization does6

not negatively impact domestic manufacturers

7

and operators; and8(F) consider and plan for the use of alter-

9

native fuel types and propulsion methods, in-10

cluding reviewing the performance-based nature

11of parts 33 and 35 of title 14, Code of Federal

12

Regulations, and any related recommendations

13

provided to the Administrator by the aviation

14

rulemaking advisory committee described in sec-

15

tion 956.

16

SEC.

17
18

956.

ADVANCEDPROPULSIONSYSTEMSREGULA-TIONS.

(a) IN GENERAL.—Not later than 3 years after the

19 date of enactment of this Act, the Administrator shall task
20 the Aviation Rulemaking Advisory Committee (in this sec21 tion referred to as the ‘‘Committee’’) to provide the Ad22 ministrator with specific findings and recommendations
23 for regulations related to the certification and installation
24 of—
25(1) electric engines and propellers;MUR24306 DVY

S.L.C.

932(2) hybrid electric engines and propulsion sys-

1
2

tems;

3

(3) hydrogen fuel cells;4(4) hydrogen combustion engines or propulsion

5

systems; and6(5) other new or novel propulsion mechanisms

7and methods as determined appropriate by the Ad-

8ministrator.

9(b) CONSIDERATIONS.—In carrying out subsection

10 (a), the Committee shall consider, at a minimum, the fol11 lowing:
12(1) Outcome-driven safety objectives to spur in-

13

novation and technology adoption, and promote the14development of performance-based regulations.

15(2) Lessons and insights learned from pre-16

viously published special conditions and other pub-17

lished airworthiness criteria for novel engines, pro-18

pellers, and aircraft.

19(3) The requirements of part 33 and part 35 of

20

title 14, Code of Federal Regulations, any bound-21

aries of applicability for standalone engine type cer-

22tificates (including highly integrated systems), and23

the use of technical standards order authorizations.

24(c) REPORT.—Not later than 1 year after providing

25 findings and recommendations under subsection (a), theMUR24306 DVY

S.L.C.

933
1 Committee shall submit to the Administrator and the ap2 propriate committees of Congress a report containing such
3 findings and recommendations.
4(d) BRIEFING.—Not later than 180 days after the

5 date on which the Committee submits the report under
6 subsection (c), the Administrator shall brief the appro7 priate committees of Congress regarding plans of the FAA
8 in response to the findings and recommendations con9 tained in the report.
10

SEC. 957. POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.

11(a) IN GENERAL.—The Administrator shall, in con-

12 sultation with exclusive bargaining representatives of air
13 traffic controllers certified under section 7111 of title 5,
14 United States Code, and any relevant stakeholder as de15 termined appropriate by the Administrator, take such ac16 tions as may be necessary to safely integrate powered-lift
17 aircraft into the national airspace system, including in
18 controlled airspace, and learn from any efforts to adopt
19 and update related policy and guidance.
20(b) AIR TRAFFIC POLICIES FOR ENTRY INTO SERV-

21

ICE.—Not later than 40 months after the date of enact-

22 ment of this Act, the Administrator shall update air traffic
23 orders and policies, to the extent necessary, and address
24 air traffic control system challenges in order to allow for—

MUR24306 DVY

S.L.C.

934
1(1) the use of existing air traffic procedures,2

where determined to be safe by the Administrator,

3by powered-lift aircraft; and4(2) the approval of letters of agreement between

5

air traffic control system facilities and powered-lift

6

operators and infrastructure operators to minimize

7

the amount of active coordination required for safe

8

recurring powered-lift aircraft operations, as appro-

9

priate.

10(c) LONG-TERM AIR TRAFFIC POLICIES.—Beginning

11 40 months after the date of enactment of this Act, the
12 Administrator shall—
13(1) continue to update air traffic orders and14

policies to support the operation of powered-lift air-15

craft;

16(2) to the extent necessary, develop powered-lift17

specific procedures for airports, heliports, and18

vertiports;

19(3) evaluate the human factors impacts on con-20

trollers associated with managing powered-lift air-21

craft operations, consider the impact of additional

22

operations on air traffic controller staffing, and23

make necessary changes to staffing, procedures, reg-

24

ulations, and orders; andMUR24306 DVY

S.L.C.

9351(4) consider the use of third-party service pro-2

viders to manage increased operations in controlled

3

airspace to support, supplement, and enhance the4work of air traffic controllers.

5
6
7

SEC.

958.

INFRASTRUCTURE

SUPPORTING

VERTICAL

FLIGHT.

(a) UPDATE TO DESIGN STANDARDS.—The Adminis-

8 trator shall—
9(1) not later than December 31, 2024, publish

10

an update to the memorandum of the FAA titled11‘‘Engineering Brief No. 105, Vertiport Design’’,12issued on September 21, 2022 (EB No. 105);13(2) not later than December 31, 2025, publish

14

a performance-based vertiport design advisory cir-15

cular; and16(3) begin the work necessary to update the ad-17visory circular of the FAA titled ‘‘Heliport Design’’

18(Advisory Circular 150/5390) in order to provide

19

performance-based guidance for heliport design, in-20

cluding consideration of alternative fuel and propul-

21

sion mechanisms.

22(b) ENGINEERING BRIEF SUNSET.—Upon the publi-

23 cation of an advisory circular pursuant to subsection
24 (a)(2), the Administrator shall cancel the memorandum
25 described in subsection (a)(1).

MUR24306 DVY

S.L.C.

9361(c) DUAL USE FACILITIES.—The Administrator shall

2 establish a mechanism by which owners and operators of
3 aviation infrastructure can safely accommodate, or file a
4 notice to accommodate, powered-lift aircraft if such infra5 structure meets the safety requirements or guidance of the
6 FAA for such aircraft.
7(d) GUIDANCE, FORMS, AND PLANNING.—The Ad-

8 ministrator shall—
9(1) not later than 18 months after the date of

10enactment of this Act, ensure airport district offices

11of the FAA have sufficient guidance and policy di-

12

rection regarding the use and applicability of heli-13

port and vertiport design standards of the FAA, and14

update such guidance routinely;

15(2) determine if updates to FAA Form 7460

16

and Form 7480 are necessary and update such17

forms, as appropriate; and18(3) ensure that the methodology and underlying

19

data sources of the Terminal Area Forecast of the20

FAA include commercial operations conducted by21

aircraft regardless of propulsion type or fuel type.

22
23

SEC. 959. CHARTING OF AVIATION INFRASTRUCTURE.

The Administrator shall increase efforts to update

24 and keep current the Airport Master Record of the FAA,
25 including by establishing a streamlined process by whichMUR24306 DVY

S.L.C.

937
1 the owners and operators of public and private aviation
2 facilities with nontemporary, nonintermittent operations
3 are encouraged to keep the information on such facilities
4 current.
56
7

SEC. 960. ADVANCED AIR MOBILITY INFRASTRUCTUREPILOT PROGRAM EXTENSION.

Section 101 of division Q of the Consolidated Appro-

8 priations Act, 2023 (49 U.S.C. 40101 note) is amended—
910(1) in subsection (b)—(A) in paragraph (2)—11(i) in subparagraph (A) by inserting12‘‘, as well as the use of existing airport and13

heliport infrastructure that may require

14

modifications to safely accommodate AAM

15

operations,’’ after ‘‘vertiport infrastruc-16

ture’’; and17(ii) in subparagraph (B)—18

(I) in clause (iii) by striking

19‘‘vertiport’’ and inserting ‘‘locations

20

for’’;

21(II) in clause (iv) by inserting

22‘‘and guidance’’ after ‘‘any stand-23

ards’’;

24(III) in clause (v) by striking

25‘‘vertiport infrastructure’’ and insert-

MUR24306 DVY

S.L.C.

9381

ing ‘‘urban air mobility and regional2

air mobility operations’’; and3(IV) in clause (x) by inserting

4‘‘or the modification of aviation infra-

5

structure’’

6

vertiport’’;after‘‘operation

of

a

7

(B) in paragraph (4)(B) by inserting ‘‘the8

Department of Defense, the National Guard,’’9

before ‘‘or’’; and10(C) in paragraph (6)—11(i) in subparagraph (A) by striking

12‘‘September 30, 2025’’ and inserting ‘‘Sep-

13

tember 30, 2027’’; and

14
15
16

(ii) in subparagraph (B)—(I) in clause (i) by striking‘‘and’’ at the end;

17(II) in clause (ii) by striking the18

period at the end and inserting ‘‘;

19and’’; and20(III) by adding at the end the21

following:

22‘‘(iii) a description of—23‘‘(I) initial community engage-

24

ment efforts and responses from the25

public on the planning and develop-

MUR24306 DVY

S.L.C.

939
1

ment efforts of eligible entities related2

to urban air mobility and regional air

3

mobility operations;

4‘‘(II) how eligible entities are5planning for and encouraging early

6

adoption of urban air mobility and re-7

gional air mobility operations;‘‘(III) what role each level of gov-

8

ernment plays in the process; and910‘‘(IV) whether such entities rec-11

ommend specific regulatory or guid-12

ance actions be taken by the Secretary13

or any other head of a Federal agency

14

in order to support such early adop-

15

tion.’’;

1617(2) by striking subsection (c)(1) and inserting
the following:

18‘‘(1) AUTHORIZATION.—Out of amounts made19

available under section 106(k) of title 49, United

20

States Code, there are authorized to carry out this21

section $12,500,000 for each of fiscal years 2023

22

through 2026, to remain available until expended.’’;23(3) in subsection (d) by striking ‘‘2024’’ and in-24
25

serting ‘‘2026’’ each place it appears; and(4) in subsection (e)—MUR24306 DVY

S.L.C.

940(A) by striking paragraph (1) and insert-

1
2

ing the following:

3‘‘(1) ADVANCED AIR MOBILITY; AAM; REGIONAL

4AIR MOBILITY; URBAN AIR MOBILITY; VERTIPORT.—

5

The terms ‘advanced air mobility’, ‘AAM’, ‘regional6

air mobility’, ‘urban air mobility’, and ‘vertiport’

7

have the meaning given such terms in section 2(i) of

8

the Advanced Air Mobility Coordination and Leader-

9

ship Act (49 U.S.C. 40101 note).’’; and(B) by striking paragraphs (9) and (10).

10
11

SEC.

961.

12
13

CENTERFOR

ADVANCEDAVIATIONTECH-NOLOGIES.

(a) PLAN.—Not later than 90 days after the date of

14 enactment of this Act, the Administrator shall develop a
15 plan to establish a Center for Advanced Aviation Tech16 nologies to support the testing and advancement of new
17 and emerging aviation technologies.
18(b) CONSULTATION.—In developing the plan under

19 subsection (a), the Administrator may consult with the
20 Advanced Air Mobility Working Group established in the
21 Advanced Air Mobility Coordination and Leadership Act
22 (Public Law 117–203), as amended by this Act, and the
23 interagency working group established in section 1042 of
24 this Act.

MUR24306 DVY

S.L.C.

941
1(c) CONSIDERATIONS.—In developing the plan under2 subsection (a), the Administrator shall consider as roles
3 and responsibilities for the Center for Advanced Aviation
4 Technologies—
5(1) developing an airspace laboratory and flight6

demonstration zones to facilitate the safe integration

7of advanced air mobility aircraft into the national8

airspace system, with at least 1 such zone to be es-

9tablished within the same geographic region as the10

Center for Advanced Aviation Technologies and that11

also has aviation manufacturers with relevant exper-

12tise, such as powered-lift;13(2) establishing testing corridors for the pur-14

poses of validating air traffic requirements for ad-

15vanced air mobility operations, operational proce-16

dures, and performance requirements, with at least17

1 such corridor to be established within the same ge-

18

ographic region as the Center for Advanced Aviation

19

Technologies;

20(3) developing and facilitating technology part-21

nerships with, and between, industry, academia, and22

other government agencies, and supporting such

23

partnerships;

24(4) identifying new and emerging aviation tech-25

nologies, innovative aviation concepts, and relevantMUR24306 DVY

S.L.C.

9421

aviation services, including advanced air mobility,2

powered-lift aircraft, and other advanced aviation

3

technologies, as determined appropriate by the Ad-

4ministrator; and5(5) any other duties, as determined appropriate

6by the Administrator.

7(d) SUBMISSION TO CONGRESS.—Not later than 1

8 year after the date of enactment of this Act, the Adminis9 trator shall submit to the Committee on Transportation
10 and Infrastructure and the Committee on Science, Space,
11 and Technology of the House of Representatives and the
12 Committee on Commerce, Science, and Transportation of
13 the Senate the plan developed under subsection (a).
14(e) CENTER.—Not later than September 30, 2026,

15 the Administrator shall establish the Center for Advanced
16 Aviation Technologies in accordance with the plan devel17 oped under subsection (a). In choosing the location for the
18 Center for Advanced Aviation Technologies, the Adminis19 trator shall give preference to a community or region with
20 a strong aeronautical presence, specifically the presence
21 of—
2223
24
25(1) a large commercial airport or large air logistics center;(2) aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift;MUR24306 DVY

S.L.C.

943
1(3) existing FAA facilities or offices, such as a

2

Center, Institute, certificate management office, or a3

regional headquarters;

4(4) airspace utilized for advanced aviation tech-5

nology testing activity, and capable of supporting a

6wide range of use cases;(5) proximity to both rural and urban commu-

7
8

nities;9(6) State, local, or Tribal governments;

10(7) programs to support public-private partner-

11

ships for advanced aviation technologies; and

12(8) academic institutions that offer programs

13

relating to advanced aviation technologies engineer-

14

ing.

15

(f) AUTHORIZATION.—Out of amounts made avail-16 able under section 106(k) of title 49, United States Code,17 $35,000,000 for each of fiscal years 2025 through 2028
18 is authorized to carry out this section.
19(g) INTERACTION WITH OTHER ENTITIES.—The Ad-

20 ministrator, in carrying out this section, shall, to the max21 imum extent practicable, leverage the research and testing
22 capacity and capabilities of the Center of Excellence for
23 Unmanned Aircraft Systems and, as appropriate, the un24 manned aircraft test ranges established in section 44803
25 of title 49, United States Code.

MUR24306 DVY

S.L.C.

944(h) SAVINGS CLAUSES.—Nothing in this section shall1

2 be construed to interfere with any of the following activi3 ties:
4(1) The ongoing activities of the unmanned air-5

craft test ranges established in section 44803 of title

649, United States Code, to the maximum extent

7

practicable.

8(2) The ongoing activities of the William J.

9

Hughes Technical Center for Advanced Aerospace,10

to the maximum extent practicable.

11(3) The ongoing activities of the Center of Ex-

12cellence for Unmanned Aircraft Systems, to the13

maximum extent practicable.

14

(4)

The

ongoing

activities

of

the

Mike

15

Monroney Aeronautical Center, to the maximum ex-

16

tent practicable.

17

TITLE X—RESEARCH AND
DEVELOPMENT
Subtitle A—General Provisions

18
19
20

SEC. 1001. DEFINITIONS.

21

In this title:

22(1) COVEREDCOMMITTEES OF CONGRESS.—23

The term ‘‘covered committees of Congress’’ means

24

the Committee on Science, Space, and Technology of25

the House of Representatives and the Committee onMUR24306 DVY

S.L.C.

945
1

Commerce, Science, and Transportation of the Sen-

2

ate.

3
4
5

(2) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration.
SEC. 1002. RESEARCH, ENGINEERING, AND DEVELOPMENT

6AUTHORIZATION OF APPROPRIATIONS.

7

Section 48102(a) of title 49, United States Code, is

8 amended—
9
10
11
12

(1) in paragraph (15) by striking ‘‘; and’’ andinserting a semicolon; and(2) by striking paragraph (16) and inserting
the following:

13‘‘(16) $280,000,000 for fiscal year 2024;

14‘‘(17) $311,00,000 for fiscal year 2025;

15‘‘(18) $323,000,000 for fiscal year 2026;

16‘‘(19) $334,000,000 for fiscal year 2027; and17‘‘(20) $345,000,000 for fiscal year 2028.’’.

18
19
20

SEC. 1003. REPORT ON IMPLEMENTATION; FUNDING FORSAFETY RESEARCH AND DEVELOPMENT.

Not later than 1 year after the date of the enactment

21 of this Act, the Comptroller General shall submit to the
22 covered committees of Congress a report on the allocation
23 of funding pursuant to section 48102 of title 49, United
24 States Code, to the Secretary to conduct civil aviation re-MUR24306 DVY

S.L.C.

946
1 search and development and to assess the implementation
2 of section 48102(b)(2) of such title.
3

SEC. 1004. NATIONAL AVIATION RESEARCH PLAN MODI-

45

FICATION.

(a) MODIFICATION OF SUBMISSION DEADLINE.—

6 Section 44501(c)(1) of title 49, United States Code, is
7 amended—
8(1) by striking ‘‘the date of submission’’ and in-

9serting ‘‘the date that is 30 days after the date of10

submission’’; and11(2) by adding at the end the following ‘‘If such

12

report cannot be prepared and submitted by the date

13

that is 30 days after the date of submission of the

14

President’s budget to Congress, the Administrator

15

shall submit, before such date, a letter to the Chair-16

man and Ranking Member of the Committee on

17

Commerce, Space and Transportation of the Senate

18

and the Committee of Science, Space and Tech-

19

nology of the House of Representatives stating the20

reason for delayed submission, impacts of the delay,

21

and actions taken to address circumstances that led

22

to the delay.’’.

23(b) CONFORMING AMENDMENT.—Section 48102(g)24 of title 49, United States Code, is amended by striking

MUR24306 DVY

S.L.C.

947
1 ‘‘the date of submission’’ and inserting ‘‘the date that is
2 30 days after the date of submission’’.
3

SEC. 1005. ADVANCED MATERIALS CENTER OF EXCEL-

4
5

LENCE ENHANCEMENTS.

Section 44518 of title 49, United States Code, is

6 amended—
7(1) by striking subsection (a) and inserting the8following:

9‘‘(a) IN GENERAL.—

1011‘‘(1) CONTINUED OPERATIONS.—The Administrator shall—

12‘‘(A) continue operation of the Advanced

13

Materials Center of Excellence (referred to in

14

this section as the ‘Center’); and

15‘‘(B) make a determination on whether to16award a grant to the Center not later than 90

17days after the date on which the grants officer

18of the Federal Aviation Administration rec-19

ommends a proposal for award of such grant to20

the Administrator.

21‘‘(2) PURPOSES.—The Center shall—

22‘‘(A) focus on applied research and train-

23

ing on the safe use of composites and advanced

24

materials, and related manufacturing practices,25

in airframe structures; andMUR24306 DVY

S.L.C.

9481‘‘(B) conduct research and development2

into aircraft structure crash worthiness and3

passenger safety, as well as address safe and4accessible air travel of individuals with a dis-5ability (as defined in section 382.3 of title 14,6

Code of Federal Regulations (or any successor

7

regulation)), including materials required to fa-

8cilitate safe wheelchair restraint systems on

9commercial aircraft.’’; and

10(2) by striking subsection (b) and inserting the11following:

12‘‘(b) RESPONSIBILITIES.—The Center shall—

13‘‘(1) promote and facilitate collaboration among

14

member universities, academia, the Administration,15

the commercial aircraft industry, including manufac-

16

turers, commercial air carriers, and suppliers, and17other appropriate stakeholders for the purposes

18

under subsection (a) and the activities described in

19paragraphs (2) through (4);20‘‘(2) carry out research and development activi-

21

ties to advance technology, improve engineering

22

practices, and facilitate continuing education in rel-23

evant areas of study, which shall include—

24‘‘(A) all structural materials, including—MUR24306 DVY

S.L.C.

9491‘‘(i) metallic and non-metallic based

2

additive materials, ceramic materials, car-3

bon fiber polymers, and thermoplastic com-4

posites;‘‘(ii) the long-term material and struc-5
6tural behavior of such materials; and7‘‘(iii) evaluating the resiliency and8long-term durability of advanced materials

9in high temperature conditions and in en-

10gines for applications in advanced aircraft;

11

and

12

‘‘(B) structural technologies, such as addi-

13

tive manufacturing, to be used in applications

14

within the commercial aircraft industry, includ-15

ing traditional fixed-wing aircraft, rotorcraft,16

and emerging aircraft types such as advanced17

air mobility aircraft; and18‘‘(3) conduct research activities for the purpose

19of improving the safety and certification of aviation

20

structures, materials, and additively manufactured

21

aviation products and components; and22‘‘(4) conducting research activities to advance23

the safe movement of all passengers, including indi-

24

viduals with a disability (as defined in section 382.3

25

of title 14, Code of Federal Regulations (or any suc-

MUR24306 DVY

S.L.C.

950
1

cessor regulation)), and individuals using personal

2wheelchairs in flight, that takes into account the3

modeling, engineering, testing, operating, and train-

4

ing issues significant to all passengers and relevant

5

stakeholders.’’.

6

SEC. 1006. CENTER OF EXCELLENCE FOR UNMANNED AIR-

78CRAFT SYSTEMS.

(a) IN GENERAL.—Chapter 448 of title 49, United

9 States Code, is further amended by adding at the end the
10 following:
11 ‘‘§ 44813. Center of Excellence for Unmanned Aircraft
12
13

Systems‘‘(a) IN GENERAL.—The Administrator of the Fed-

14 eral Aviation Administration shall continue operation of
15 the Center of Excellence for Unmanned Aircraft Systems
16 (referred to in this section as the ‘Center’).
17‘‘(b) RESPONSIBILITIES.—The Center shall carry out

18 the following responsibilities:
19‘‘(1) Conduct applied research and training on

20

the safe and efficient integration of unmanned air-21

craft systems and advanced air mobility into the na-

22tional airspace system.

23‘‘(2) Promote and facilitate collaboration among24

academia, the Federal Aviation Administration, Fed-25

eral agency partners, and industry stakeholders (in-

MUR24306 DVY

S.L.C.

951
1

cluding manufacturers, operators, service providers,2standards development organizations, carriers, and3

suppliers), with respect to the safe and efficient inte-

4

gration of unmanned aircraft systems and advanced

5

air mobility into the national airspace system.

6‘‘(3) Establish goals set to advance technology,

7

improve engineering practices, and facilitate con-8

tinuing education with respect to the safe and effi-

9cient integration of unmanned aircraft systems and10

advanced air mobility into the national airspace sys-

11

tem.

12

‘‘(c) PROGRAM PARTICIPATION.—The Administrator

13 shall ensure the participation in the Center of institutions
14 of higher education (as defined in section 101 of the High15 er Education Act of 1965 (20 U.S.C. 1001)) and research
16 institutions that provide accredited bachelor’s degree pro17 grams in aeronautical sciences that provide pathways to
18 commercial pilot certifications and that include a focus on
19 pilot training for women aviators.
20‘‘(d) LEVERAGING OF CERTAIN CAPACITY AND CAPA-

21

BILITIES.—The Administrator shall, in carrying out re-

22 search necessary to validate consensus safety standards
23 accepted pursuant to section 44805, to the maximum ex24 tent practicable, leverage the research and testing capacity
25 and capabilities of—MUR24306 DVY

S.L.C.

952
1‘‘(1) the Center;2‘‘(2) the test ranges designated under section

344803;‘‘(3) existing Federal and non-Federal test

4
5

ranges and testbeds;‘‘(4) the National Aeronautics and Space Ad-

67ministration; and‘‘(5) the William J. Hughes Technical Center

8
9

for Advanced Aerospace.’’.

10(b) CLERICAL AMENDMENT.—The analysis for chap-

11 ter 448 of title 49, United States Code, is further amend12 ed by adding at the end the following:‘‘44813. Center of Excellence for Unmanned Aircraft Systems.’’.

13
14

SEC. 1007. ASSURED SAFE CREDENTIALING AUTHORITY.

(a) IN GENERAL.—Chapter 448 of title 49, United

15 States Code, is further amended by adding at the end the
16 following:
17 ‘‘§ 44814. ASSUREd Safe credentialing authority
18‘‘(a) IN GENERAL.—Not later than 6 months after

19 the date of enactment of this section, the Administrator
20 of the Federal Aviation Administration shall establish a
21 credentialing authority for the program of record of the
22 Federal Aviation Administration (referred to in this sec23 tion as ‘ASSUREd Safe’) under the Center of Excellence
24 for Unmanned Aircraft Systems.

MUR24306 DVY

S.L.C.

953
1‘‘(b) PURPOSES.—ASSUREd Safe shall offer services

2 throughout the United States, and to allies and partners
3 of the United States, including—
4‘‘(1) online and in-person standards, education,

5and testing for the use of unmanned aircraft sys-

6tems by first responders for emergency and disaster7

management operations;

8‘‘(2) uniform communications standards, oper-

9

ational standards, and reporting standards for civil-

10

ian, military, and international allies and partners;

11

and

12

‘‘(3) any other relevant standards development

13

related to operation of unmanned aircraft systems,

14

as determined appropriate by the Administrator.

15‘‘(c) COORDINATION.—The Administrator shall en-

16 sure that the Center of Excellence for Unmanned Aircraft
17 Systems coordinates with the National Institute of Stand18 ards and Technology and the Federal Emergency Manage19 ment Agency on establishment of ASSUREd Safe, and on
20 any services offered by ASSUREd Safe.’’.
21(b) CLERICAL AMENDMENT.—The analysis for chap-

22 ter 448 of title 49, United States Code, is further amend23 ed by adding at the end the following:‘‘44814. ASSUREd Safe credentialing authority.’’.

MUR24306 DVY

S.L.C.

954
1

SEC. 1008. CLEEN ENGINE AND AIRFRAME TECHNOLOGY

23

PARTNERSHIP.

Section 47511 of title 49, United States Code, is

4 amended—
5678(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, the9 Administrator may provide that not less than 2 of the co10 operative agreements entered into under this section in11 volve the participation of an entity that is a small business12 concern (as defined in section 3 of the Small Business Act
13 (15 U.S.C. 632)), provided that the submitted technology
14 proposal of the entity meets, at a minimum, FAA Acquisi15 tion Management System requirements and requisite tech16 nology readiness levels for entry into the agreement, as
17 determined by the Administrator.’’.
18
19

SEC. 1009. HIGH-SPEED FLIGHT TESTING.

(a) IN GENERAL.—The Administrator, in consulta-

20 tion with the Administrator of NASA, shall establish pro21 cedures for the exclusive purposes of developmental and22 airworthiness testing and demonstration flights, which
23 may include the establishment of high-speed testing cor24 ridors in the national airspace system—
25(1) with respect to manufacturers and opera-

26

tors of high-speed aircraft that conduct flights oper-MUR24306 DVY

S.L.C.

955
1

ating with supersonic speed, not later than 1 year2

after the date of enactment of this Act; and3(2) with respect to manufacturers and opera-

4

tors of high-speed aircraft that conduct flights oper-

5

ating with hypersonic speed, not later than 2 years

6

after the date of enactment of this Act.

7(b) AREAS OF TESTING AND DEMONSTRATION.—The8 Administrator shall take action, as appropriate, to ensure
9 flight testing and demonstration flights occur in areas
10 where such flights will not interfere with the safety of
11 other aircraft or the efficient use of airspace in the na12 tional airspace system.
13(c) CONSIDERATIONS.—In carrying out subsection

14 (a), the Administrator shall consider—1516(1) sections 91.817 and 91.818 of title 14,
Code of Federal Regulations;17(2) applications for special flight authorizations

18

for flights operating at supersonic or hypersonic19

speed, as described in section 91.818 of such title;

20(3) the environmental impacts of developmental

21
22
23

and airworthiness testing operations;(4) requiring applicants to include specificationof proposed flight areas;

MUR24306 DVY

S.L.C.

956
1(5) the authorization of flights to and from air-2

ports in Class D airspace within 10 nautical miles

3of oceanic coastline;

4(6) developing the vertical limits at or above the5altitude necessary for safe supersonic and hypersonic

6

operations;7(7) proponent-provided data regarding the de-8sign and operational analysis of the aircraft, as well9

as data regarding sonic boom overpressure;10(8) the safety of the uninvolved public; and

11(9) community outreach, education, and en-

12

gagement.

13(d) CONSULTATION.—Not later than 1 year after the

14 date of enactment of this Act, the Administrator, in con15 sultation with the Environmental Protection Agency and16 other stakeholders, shall assess and report to the covered
17 committees of Congress on a means for supporting contin18 ued compliance with the National Environmental Policy
19 Act of 1969 (42 U.S.C. 4321 et seq.). The Administrator
20 shall seek to enter into an agreement with an appropriate
21 federally funded research and development center, or other
22 independent nonprofit organization that recommends long
23 term solutions for maintaining compliance with such Act
24 for 1 or more over-land or near-land hypersonic and super25 sonic test areas as established by the Administrator.

MUR24306 DVY

S.L.C.

9571(e) DEFINITIONS.—In this section:

2(1) HIGH-SPEED AIRCRAFT.—The term ‘‘high-3

speed aircraft’’ means an aircraft operating at

4speeds in excess of Mach 1, including supersonic and5

hypersonic aircraft.
(2)

6

HYPERSONIC.—Theterm‘‘hypersonic’’7means flights operating at speeds that exceed Mach

8

5.

9

(3)

SUPERSONIC.—The

term‘‘supersonic’’10means flights operating at speeds in excess of Mach11

1 but less than Mach 5.

12
13
14

SEC. 1010. HIGH-SPEED AIRCRAFT PATHWAY TO INTEGRATION STUDY.

(a) STUDY.—

15(1) IN GENERAL.—The Administrator, in con-16

sultation with aircraft manufacturers and operators,

17

institutions of higher education (as defined in sec-

18

tion 101 of the Higher Education Act of 1965 (2019

U.S.C. 1001)), the Administrator of NASA, the Sec-20

retary of Defense, and any other agencies the Ad-

21

ministrator determines appropriate, shall conduct a

22

study assessing actions necessary to facilitate the23

safe operation and integration of high-speed aircraft

24

into the national airspace system.

MUR24306 DVY

S.L.C.

958
12(2) CONTENTS.—The study conducted underparagraph (1) shall include, at a minimum—

3(A) an initial assessment of cross-agency

4

equities related to high-speed aircraft tech-5

nologies and flight;

6(B) the identification and collection of data7

required to develop certification, flight stand-8

ards, and air traffic requirements for the de-9ployment and integration of high-speed aircraft;

10(C) the development of a framework and11

potential timeline to establish the appropriate

12

regulatory requirements for conducting high-13

speed aircraft flights;

14(D) strategic plans to improve the FAA’s

15

state of preparedness and response capability in

16advance of receiving applications to conduct

17

high-speed aircraft flights; and18(E) a survey of global high-speed aircraft-19

related regulatory and testing developments or

20

activities.

21(3) CONSIDERATIONS.—In conducting the study

22

under paragraph (1), the Administrator may con-23

sider—

24(A) feedback and input reflecting the tech-

25

nical expertise of the aerospace industry andMUR24306 DVY

S.L.C.

959
1other stakeholders, as the Administrator deter-2mines appropriate, to inform future develop-

3

ment of policies, regulations, and standards

4

that enable the safe operation and integration

5of high-speed aircraft into the national airspace6

system;7(B) opportunities for—8(i) demonstrating United States global

9leadership in high-speed aircraft and re-10

lated technologies; and11(ii) strengthening global harmoni-12

zation in aeronautics including in the de-13velopment of international policies relating

14

to the safe operation of high-speed aircraft;

15

and

16

(C) methods and opportunities for commu-

17

nity outreach, education, and engagement.

18(b) REPORT.—Not later than 3 years after the date

19 of enactment of this Act, the Administrator shall submit
20 to the covered committees of Congress and the Committee
21 on Transportation and Infrastructure of the House of
22 Representatives a report on the results of the study con23 ducted under subsection (a) and recommendations, if ap24 propriate, to facilitate the safe operation and integration
25 of high-speed aircraft into the national airspace system.

MUR24306 DVY

S.L.C.

9601(c) DEFINITIONS.—In this section:

2(1) HIGH-SPEED AIRCRAFT.—The term ‘‘high-3

speed aircraft’’ means an aircraft operating at

4speeds in excess of Mach 1, including supersonic and5

hypersonic aircraft.
(2)

6

HYPERSONIC.—Theterm‘‘hypersonic’’7means flights operating at speeds that exceed Mach

8

5.

9

(3)

SUPERSONIC.—The

term‘‘supersonic’’10means flights operating at speeds in excess of Mach11

1 but less than Mach 5.

12
13
14

SEC. 1011. OPERATING HIGH-SPEED FLIGHTS IN HIGH ALTITUDE CLASS E AIRSPACE.

(a) RESEARCH.—Not later than 1 year after the date

15 of enactment of this Act, the Administrator, in consulta16 tion with the Administrator of NASA and any other rel17 evant stakeholders the Administrator determines appro18 priate, including industry and academia, shall undertake
19 research to identify, to the maximum extent practicable,
20 the minimum altitude above the upper boundary of Class
21 A airspace, at or above which flights operating with speeds
22 above Mach 1 generate sonic booms that do not produce
23 appreciable sonic boom overpressures to reach the surface
24 under prevailing atmospheric conditions.

MUR24306 DVY

S.L.C.

961
1(b) HYPERSONIC DEFINED.—In this section, the2 term ‘‘hypersonic’’ means a flight operating at speeds that
3 exceed Mach 5.
4

SEC. 1012. ELECTRIC PROPULSION AIRCRAFT OPERATIONS

56STUDY.

(a) IN GENERAL.—Not later than 120 days after the

7 date of enactment of this Act, the Comptroller General
8 shall initiate a study assessing the safe and scalable oper9 ation and integration of electric aircraft into the national
10 airspace system.
11(b) CONTENTS.—In conducting the study required

12 under subsection (a), the Comptroller General shall ad13 dress—
14(1) identification of the workforce technical ca-

15pacity and competencies needed for the Adminis-

16

trator to certify aircraft systems specific to electric

17

aircraft;

18(2) the data development and collection re-19quired to develop standards specific to electric air-20

craft;

21(3) the regulatory standards and guidance ma-

22terial needed to facilitate the safe operation and23

maintenance of electric aircraft, including—

24(A) fire protection;

MUR24306 DVY

S.L.C.

96212(B) high voltage electromagnetic environments;

3(C) engine and human machine interfaces;

4(D) reliability of high voltage components

5and insulation;

6(E) lithium batteries for propulsion use;

7(F) operating and pilot qualifications; and

8(G) airspace integration;

9(4) the airport infrastructure requirements to

10

support electric aircraft operations, including an as-

11

sessment of—12(A) the capabilities of airport infrastruc-13

ture, including, to the extent practicable, the14capabilities and capacity of the electrical power

15

grid of the United States to support such oper-

16

ations, including cost, challenges, and opportu-

17

nities for clean generation of electricity relating18

to such support, existing as of the date of en-

19

actment of this Act;20(B) aircraft operations specifications;21(C) projected operations demand by car-

22
23
24

riers and other operators;(D) potential modifications to existing airport infrastructure;MUR24306 DVY

S.L.C.

963
1(E) additional investments in new infra-

2

structure and systems required to meet oper-3

ations demand;

4(F) management of infrastructure relating5

to hazardous materials used in hybrid and elec-

6

tric propulsion; and7(G) ability of such current and future air-8

port infrastructure capabilities to adapt to meet9

the evolving needs of electric aircraft oper-

10

ations; and11(5) varying types of electric aircraft, including

12

advanced air mobility aircraft and small or regional

13

passenger or cargo aircraft.

14(c) CONSIDERATIONS.—In conducting the study

15 under subsection (a), the Comptroller General may con16 sider the following:
17(1) The potential for improvements to air serv-

18

ice connectivity for communities through the deploy-

19

ment of electric aircraft operations, including by—

20
21(A) establishing routes to small and ruralcommunities; and22(B) introducing alternative modes of trans-

23

portation for multimodal operations within com-24

munities.

MUR24306 DVY

S.L.C.

964
1(2) Impacts to airport-adjacent communities,2

including implications due to changes in airspace3

utilization and land use compatibility.

4(d) REPORT TO CONGRESS.—Not later than 2 years

5 after the date of enactment of this Act, the Comptroller
6 General shall submit to the covered committees of Con7 gress and the Committee on Transportation and Infra8 structure of the House of Representatives a report on the
9 results of the study conducted under subsection (a) and
10 recommendations for such legislation and administrative
11 action as the Comptroller General determines appropriate.
12(e) DEFINITIONS.—In this section:

13(1) ELECTRIC AIRCRAFT.—The term ‘‘electric

14

aircraft’’ means an aircraft with a fully electric or

15

hybrid electric driven propulsion system used for16

flight.

17(2) ADVANCED AIR MOBILITY.—The term ‘‘ad-

18

vanced air mobility’’ means a transportation system

19that transports passengers and cargo by air between

20

two points in the United States using aircraft with

21

advanced technologies, including aircraft with hybrid

22

or electric vertical take-off and landing capabilities,

23

in both controlled and uncontrolled airspace.

MUR24306 DVY

S.L.C.

965
1
2

SEC. 1013. CONTRACT WEATHER OBSERVERS PROGRAM.

Section 2306 of the FAA Extension, Safety, and Se-

3 curity Act of 2016 (Public Law 114–190; 130 Stat. 641)
4 is amended by striking subsection (b) and inserting the
5 following:
6‘‘(b) CONTINUED USE OF CONTRACT WEATHER OB-

7

SERVERS.—The Administrator may not discontinue or di-

8 minish the contract weather observer program at any air9 port until September 30, 2028.’’.
10
11SEC. 1014. AIRFIELD PAVEMENT TECHNOLOGY PROGRAM.

Section 744 of the FAA Reauthorization Act of 2018

12 (Public Law 115–254; 49 U.S.C. 44505 note) is amended
13 to read as follows:
14‘‘SEC. 744. RESEARCH AND DEPLOYMENT OF CERTAIN AIR-

15

FIELD PAVEMENT TECHNOLOGIES.

16‘‘Using amounts made available under section

17 48102(a) of title 49, United States Code, the Secretary
18 may carry out a program for the research and develop19 ment of airfield pavement technologies under which the
20 Secretary makes grants to, and enters into cooperative
21 agreements with, institutions of higher education (as de22 fined in section 101 of the Higher Education Act of 1965
23 (20 U.S.C. 1001)) and nonprofit organizations that—24‘‘(1) research concrete and asphalt pavement25

technologies that extend the life of airfield pave-

26

ments;

MUR24306 DVY

S.L.C.

966
1
2
3
4
5
6

‘‘(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; and7‘‘(5) promote the latest airfield pavement tech-8

nologies to aid the development of safer, more cost9effective, and more resilient and sustainable airfield10

pavements.’’.

11
12
13

SEC. 1015. REVIEW OF FAA MANAGEMENT OF RESEARCH
AND DEVELOPMENT.

(a) IN GENERAL.—Not later than 1 year after the

14 date of enactment of this Act, the Comptroller General
15 shall conduct a review of the management of research and
16 development activities of the FAA, and the insight of the
17 Administrator into, and coordination with, other Federal
18 government research and development activities relating
19 to civil aviation.
20(b) REVIEW OF FAA MANAGEMENT.—The review of

21 the Comptroller General under subsection (a) shall include
22 an assessment of how the Administrator—
23(1) plans, manages, and tracks progress of re-24

search and development projects and activities and25

how FAA processes and procedures compare with

MUR24306 DVY

S.L.C.

967
1

leading practices related to research and develop-2

ment management and collaboration, as determined3by the Comptroller General;45(2) prioritizes research and development objectives;

6(3) applies leading practices related to manage-

7

ment of research and development, enhancement of

8collaboration and cooperation, and minimization of

9

duplication, waste, and inefficiencies, in conducting

10

activities—

11
12
13

(A) among FAA research and development
programs;(B) with NASA, including—

14(i) the extent to which NASA and the15

FAA leverage each other’s laboratory and16

testing capabilities, facilities, resources,17

and subject matter expert personnel in

18

support of aeronautics research and devel-

19

opment programs and projects;

20(ii) an assessment of—21(I) the fiscal year in which the22review is conducted, and the 3 fiscal

23

years prior to such year, of Federal

24

expenditures and any applicable fluc-25

tuation in the appropriated funds, forMUR24306 DVY

S.L.C.

968
1

FAA and NASA research and devel-2

opment programs and projects and3

the impact of any funding changes on

4agency programs and projects; and5(II) the extent to which other6

Federal agencies, industry partners,

7

and research organizations are in-8

volved in such programs and projects;

9

and

10

(iii) recommendations, as appropriate,11

for the improvement of such coordination

12and collaboration with NASA;

13(C) with other relevant Federal agencies;

14(D) with international partners; and15(E) with academia, research organizations,

16

standards groups, and industry;

17(4) interacts with the private sector, including

18

by examining the extent to which FAA—

19(A) takes into account private sector re-20

search and development efforts in the manage-

21

ment and investment of the research and devel-

22

opment activities and investments of the FAA;

23

and

MUR24306 DVY

S.L.C.

9691(B) assesses the impact of FAA research2and development on U.S. private sector aero-

3

nautics research and development investments;

4(5) transitions the results of research and de-5velopment projects into operational use;

6(6) has implemented the recommendations in7

the report issued by the Comptroller General titled8‘‘Aviation Research and Development’’ issued April

92017 (GAO report 17–372) and the results of the10efforts to implement such recommendations; and

11(7) can improve management of research and12development activities and any recommendations as

13

the Comptroller General determines appropriate

14

based on the results of the review.

15(c) REPORT.—Not later than 180 days after com-

16 pleting the review under required under subsection (a), the17 Comptroller General shall submit to the covered commit18 tees of Congress—
19(1) a report on such review and relevant find-20

ings; and

21

(2)

22

ommendations

23(3)(B)(iii) and (7) of subsection (b).

recommendations,developed

including

the

rec-

under

paragraphs

MUR24306 DVY

S.L.C.

970
1

SEC. 1016. RESEARCH AND DEVELOPMENT OF FAA’S AERO-

2

NAUTICAL3

ERNIZATION ACTIVITIES.

4

INFORMATIONSYSTEMSMOD-(a) IN GENERAL.—Using amounts made available

5 under section 48102(a) of title 49, United States Code,
6 and subject to the availability of appropriations, the Ad7 ministrator, in coordination with the John A. Volpe Na8 tional Transportation Systems Center, shall establish a re9 search and development program, not later than 60 days
10 after the date of enactment of this Act, to inform the con11 tinuous modernization of the aeronautical information sys12 tems of the FAA, including—
13(1) the Aeronautical Information Management

14

Modernization, including the Notice to Air Missions

15

system of the FAA;

16
17
18
19

(2) the Aviation Safety Information Analysis
and Sharing system; and(3) the Service Difficulty Reporting System.
(b) REVIEW AND REPORT.—

20(1) REVIEW.—Not later than 180 days after

21

the date of enactment of this Act, the Administrator

22

shall seek to enter into an agreement with a feder-

23

ally funded research and development center to con-24

duct and complete a review of planned and ongoing25

modernization efforts of the aeronautical informa-

26tion systems of the FAA. Such review shall identify

MUR24306 DVY

S.L.C.

971
1

opportunities for additional coordination between the2Administrator and the John A. Volpe National

3

Transportation Systems Center to further modernize

4such systems.

5(2) REPORT.—Not later than 1 year after the6Administrator enters into the agreement with the7center under paragraph (1), the Center shall submit

8

to the Administrator, the covered committees of

9Congress, and the Committee on Transportation and

10

Infrastructure of the House of Representatives a re-11

port on the review conducted under paragraph (1)12and such recommendations as the Center determines

13

appropriate.

14

SEC. 1017. CENTER OF EXCELLENCE FOR ALTERNATIVE15JET FUELS AND ENVIRONMENT.

16(a) IN GENERAL.—Chapter 445 of title 49, United

17 States Code, is amended by adding at the end the fol18 lowing:
19 ‘‘§ 44520. Center of Excellence for Alternative Jet
20
21

Fuels and Environment‘‘(a) IN GENERAL.—The Administrator shall con-

22 tinue operation of the Center of Excellence for Alternative
23 Jet Fuels and Environment (in this section referred to as
24 the ‘Center’).
25‘‘(b) RESPONSIBILITIES.—The Center shall—

MUR24306 DVY

S.L.C.

972
1‘‘(1) focus on research to—2‘‘(A) assist in the development, qualifica-

3tion, and certification of the use of aviation fuel4

from alternative and renewable sources (such as

5biomass, next-generation feedstocks, alcohols,

6organic acids, hydrogen, bioderived chemicals

7

and gaseous carbon) for commercial aircraft;

8‘‘(B) assist in informing the safe use of al-

9ternative aviation fuels in commercial aircraft

10

that also apply electrified aircraft propulsion

11

systems;

1213‘‘(C) reduce community exposure to civilian
aircraft noise and pollutant emissions;

14‘‘(D) inform decision making to support

15

United States leadership on international avia-

16

tion environmental issues, including the devel-

17

opment of domestic and international stand-18

ards; and

19‘‘(E) improve and expand the scientific un-

20

derstanding of civil aviation noise and pollutant

21

emissions and their impacts, as well as support

22

the development of improved modeling ap-

23

proaches and tools;

MUR24306 DVY

S.L.C.

973
1‘‘(2) examine the use of novel technologies and2other forms of innovation to reduce noise, emissions,3and fuel burn in commercial aircraft; and4‘‘(3) support collaboration with other Federal

5agencies, industry stakeholders, research institu-

6

tions, and other relevant entities to accelerate the7research, development, testing, evaluation, and dem-

8

onstration programs and facilitate United States9sustainability and competitiveness in aviation.

10‘‘(c) GRANT AUTHORITY.—The Administrator shall

11 carry out the work of the Center through the use of grants
12 or other measures, as determined appropriate by the Ad13 ministrator pursuant to section 44513, including through14 interagency agreements and coordination with other Fed15 eral agencies.
16‘‘(d) PARTICIPATION.—

17‘‘(1) PARTICIPATION OF EDUCATIONAL AND RE-

18

SEARCH INSTITUTIONS.—In carrying out the respon-

19

sibilities described in subsection (b), the Center shall20

include, as appropriate, participation by—

21
22
23
24

‘‘(A) institutions of higher education andresearch institutions that—‘‘(i) have existing facilities for research, development, and testing; andMUR24306 DVY

S.L.C.

974‘‘(ii) leverage private sector partner-

1
2

ships;

3‘‘(B) other Federal agencies;4‘‘(C) consortia with experience across the5alternative fuels supply chain, including with re-6

search, feedstock development and production,

7

small-scale development, testing, and technology

8evaluation related to the creation, processing,

9

production, and transportation of alternative10

aviation fuel; and11‘‘(D) consortia with experience in innova-

12

tive technologies to reduce noise, emissions, and13

fuel burn in commercial aircraft.

14‘‘(2) USE OF NASA FACILITIES.—The Center

15

shall, in consultation with the Administrator of

16

NASA, consider using, on a reimbursable basis, the17existing and available capacity in aeronautics re-18

search facilities at the Langley Research Center, the19NASA John H. Glenn Center at the Neil A. Arm-20strong Test Facility, and other appropriate facilities

21of the National Aeronautics and Space Administra-

22

tion.’’.

23(b) CLERICAL AMENDMENT.—The analysis for chap-

24 ter 445 of such title, as amended by section 817, is amend-

MUR24306 DVY

S.L.C.

975
1 ed by inserting after the item relating to section 44519
2 the following:‘‘44520. Center of Excellence for Alternative Jet Fuels and Environment.’’.

3
4

SEC. 1018. NEXT GENERATION RADIO ALTIMETERS.

(a) IN GENERAL.—Not later than 60 days after the

5 date of enactment of this Act, the Administrator, in co6 ordination with the aviation and commercial wireless in7 dustries, the National Telecommunications and Informa8 tion Administration, the Federal Communications Com9 mission, and other relevant government stakeholders, shall
10 carry out an accelerated research and development pro11 gram to inform the development and testing of the stand12 ards and technology necessary to ensure appropriate FAA
13 certification actions and industry production that meets
14 the installation requirements for next generation radio al15 timeters across all necessary aircraft by January 1, 2028.
16(b) GRANT PROGRAM.—Subject to the availability of

17 appropriations, the Administrator may award grants for
18 the purposes of research and development, testing, and19 other activities necessary to ensure that next generation
20 radio altimeter technology is developed, tested, certified,
21 and installed on necessary aircraft by 2028, including
22 through public-private partnership grants (which shall in23 clude protections for necessary intellectual property with
24 respect to any private sector entity testing, certifying, or
25 producing next generation radio altimeters under the pro-

MUR24306 DVY

S.L.C.

976
1 gram carried out under this section) with industry to en2 sure the accelerated production and installation by Janu3 ary 1, 2028.
4(c) REVIEW AND REPORT.—Not later than 180 days

5 after the enactment of this Act, the Administrator shall
6 submit to the covered committees of Congress and the
7 Committee on Transportation and Infrastructure of the
8 House of Representatives a report on the steps the Admin9 istrator has taken as of the date on which such report
10 is submitted and any actions the Administrator plans to
11 take, including as part of the program carried out under
12 this section, to ensure that next generation radio altimeter13 technology is developed, tested, certified, and installed by
14 2028.
15(d) RULE OF CONSTRUCTION.—Nothing in this sec-

16 tion shall be construed to apply to efforts to retrofit the
17 existing supply of altimeters in place as of the date of en18 actment of this Act.
19
20
21

SEC. 1019. HYDROGEN AVIATION STRATEGY.

(a) FAA AND DEPARTMENT OF ENERGY LEADERSHIP ON

USING HYDROGEN TO PROPEL COMMERCIAL

22 AIRCRAFT.—The Secretary, acting through the Adminis23 trator and jointly with the Secretary of Energy, shall exer24 cise leadership in and shall conduct research and develop25 ment activities relating to enabling the safe use of hydro-

MUR24306 DVY

S.L.C.

977
1 gen in civil aviation, including the safe and efficient use
2 and sourcing of hydrogen to propel commercial aircraft.
3(b) RESEARCH STRATEGY.—Not later than 1 year

4 after the date of enactment of this Act, the Administrator,
5 in consultation with the Administrator of NASA and other6 relevant Federal agencies, shall complete the development
7 of a research and development strategy on the safe use
8 of hydrogen in civil aviation.
9(c) CONSIDERATIONS.—The strategy developed under

10 subsection (b) shall consider the following:
11(1) The feasibility, opportunities, challenges,

12and pathways toward the potential and safe uses of

13hydrogen in civil aviation.

14(2) The use of hydrogen in addition to electric

15

propulsion to propel commercial aircraft and any re-16

lated operational efficiencies.

17(d) EXERCISE OF LEADERSHIP.—The Secretary, the18 Administrator, and the Secretary of Energy shall carry
19 out the research activities consistent with the strategy in
20 subsection (b), and that may include the following:
21(1) Establishing positions and goals for the safe22

use of hydrogen in civil aviation, including to propel

23

commercial aircraft.

24(2) Understanding of the qualification of hydro-

25

gen aviation fuel, the safe transition to such fuel forMUR24306 DVY

S.L.C.

9781

aircraft, the advancement of certification efforts for2

such fuel, and risk mitigation measures for the use

3

of such fuel in aircraft systems, including propulsion

4

and storage systems.

5(3) Through grant, contract, or interagency

6

agreements, carrying out research and development

7

to understand the contribution that the use of hy-

8drogen would have on civil aviation, including hydro-

9

gen as an input for conventional jet fuel, hydrogen

10

fuel cells as a source of electric propulsion, sustain-

11

able aviation fuel, and power to liquids or synthetic

12

fuel, and researching ways of accelerating the intro-

13

duction of hydrogen-propelled aircraft.

14(4) Reviewing grant eligibility requirements,

15

loans, loan guarantees, and other policies and re-16

quirements of the FAA and the Department of En-

17

ergy to identify ways to increase the safe and effi-

18

cient use of hydrogen in civil aviation.

19(5) Considering the needs of the aerospace in-20

dustry, aviation suppliers, hydrogen producers, air-

21

lines, airport sponsors, fixed base operators, and22

other stakeholders in creating policies that enable

23

the safe use of hydrogen in civil aviation.

24(6) Coordinating with NASA, and obtaining

25

input from the aerospace industry, aviation sup-

MUR24306 DVY

S.L.C.

979
1

pliers, hydrogen producers, airlines, airport spon-

2

sors, fixed base operators, academia and other stake-3

holders regarding—45(A) the safe and efficient use of hydrogenin civil aviation, including—(i) updating or modifying existing

6
7

policies on such use;

8(ii) assessing barriers to, and benefits

9of, the introduction of hydrogen in civil

10

aviation, including aircraft propelled by hy-

11drogen;12(iii) the operational differences be-

13

tween aircraft propelled by hydrogen and

14

aircraft propelled with other types of fuels;

15

and

16

(iv) public, economic, and noise bene-

17

fits of the operation of commercial aircraft

18

propelled by hydrogen and associated aero-

19

space industry activity; and20(B) other issues identified by the Sec-21

retary, the Administrator, the Secretary of En-

22

ergy, or the advisory committee established23

under paragraph (7) that must be addressed in24

order to enable the safe and efficient use of hy-

25drogen in civil aviation.

MUR24306 DVY

S.L.C.

980
1(7) Establish an advisory committee composed2

of representatives of NASA, the aerospace industry,3

aviation suppliers, hydrogen producers, airlines, air-4

port sponsors, fixed base operators, and other stake-5

holders to advise the Secretary, the Administrator,

6

and the Secretary of Energy on the activities carried

7

out under this subsection.

8(e) INTERNATIONAL LEADERSHIP.—The Secretary,

9 the Administrator, and the Secretary of Energy, in the
10 appropriate international forums, shall take actions that—11(1) demonstrate global leadership in carrying

12

out the activities required by subsections (a) and

13

(b);

14

(2) consider the needs of the aerospace indus-

15

try, aviation suppliers, hydrogen producers, airlines,

16

airport sponsors, fixed base operators, and other17

stakeholders identified under subsection (b);1819(3) consider the needs of fuel cell manufacturers; and20(4) seek to advance the competitiveness of the21

United States in the safe use of hydrogen in civil

22

aviation.

23(f) REPORT TO CONGRESS.—Not later than 3 years

24 after the date of enactment of this Act, the Secretary, act25 ing through the Administrator and jointly with the Sec-MUR24306 DVY

S.L.C.

981
1 retary of Energy, shall submit to the covered committees
2 of Congress and the Committee on Transportation and In3 frastructure of the House of Representatives a report de4 tailing—5(1) the actions of the Secretary, the Adminis-

6

trator, and the Secretary of Energy to exercise lead-7

ership in conducting research relating to the safe

8

and efficient use of hydrogen in civil aviation;

9(2) the planned, proposed, and anticipated ac-

10tions to update or modify existing policies related to11

the safe and efficient use of hydrogen in civil avia-

12tion, based on the results of the research and devel-

13

opment carried out under this section, including

14

such actions identified as a result of consultation

15

with, and feedback from, the aerospace industry,

16

aviation suppliers, hydrogen producers, airlines, air-17

port sponsors, fixed base operators, academia and18

other stakeholders identified under subsection (b);

19

and

20

(3) a proposed timeline for any such actions

21

pursuant to paragraph (2).

22

SEC. 1020. AVIATION FUEL SYSTEMS.

23(a) COORDINATION.—The Secretary, in coordination

24 with the stakeholders identified in subsection (b), shall re25 view, plan, and make recommendations with respect to co-MUR24306 DVY

S.L.C.

982
1 ordination and implementation issues relating to aircraft
2 powered by new aviation fuels or fuel systems, including
3 at a minimum, the following:
4(1) Research and technical assistance related to5

the development, certification, operation, and main-

6

tenance of aircraft powered by new aviation fuels7

and fuel systems, along with refueling and charging

8

infrastructure and associated technologies critical to9

their deployment.

10(2) Data sharing with respect to the installa-

11tion, maintenance, and utilization of charging and12

refueling infrastructure at airports.

13(3) Development and deployment of training

14

and certification programs for the development, con-15

struction, and maintenance of aircraft, related fuel16

systems, and charging and refueling infrastructure.

17(4) Any other issues that the Secretary, in con-18

sultation with the Secretary of Energy, shall deem19

of interest related to the validation and certification

20of new fuels for use or fuel systems in aircraft.

21(b) CONSULTATION.—The Secretary shall consult

22 with—23(1) the Department of Energy;24(2) NASA;

25(3) the Department of the Air Force; andMUR24306 DVY

S.L.C.

983(4) other Federal agencies, as determined by

1
2

the Secretary.

3(c) PROHIBITION ON DUPLICATION.—The Secretary

4 shall ensure that activities conducted under this section
5 do not duplicate other Federal programs or efforts.
6(d) SAVINGS CLAUSE.—Nothing in this section shall

7 be construed as granting the Environmental Protection
8 Agency additional authority to establish alternative fuel9 emissions standards.
10(e) BRIEFING.—Not later than 1 year after the date

11 of enactment of this Act, the Secretary shall provide to
12 the covered committees of Congress a briefing on the re13 sults of the review of coordination efforts conducted under
14 this section.
15

SEC. 1021. AIR TRAFFIC SURVEILLANCE OVER UNITED

16

STATES CONTROLLED OCEANIC AIRSPACE

17

AND OTHER REMOTE LOCATIONS.

18(a) PERSISTENT AVIATION SURVEILLANCE OVER

19 OCEANS AND REMOTE LOCATIONS.—Subject to the avail20 ability of appropriations, the Administrator, in consulta21 tion with the Administrator of NASA and other relevant
22 Federal agencies, shall carry out research, development,
23 demonstration, and testing to enable civil aviation surveil24 lance over oceans and other remote locations to improve
25 safety.

MUR24306 DVY

S.L.C.

984
1(b) REPORT.—Not later than 1 year after the date

2 of enactment of this Act, the Administrator shall submit
3 to the covered committees of Congress a report on the ac4 tivities carried out under this section.
5(c) RULE OF CONSTRUCTION.—Nothing in this sec-

6 tion shall be construed to duplicate existing efforts con7 ducted by the Administrator, in coordination with other
8 Federal agencies.
910SEC. 1022. AVIATION WEATHER TECHNOLOGY REVIEW.

(a) REVIEW.—The Administrator, in consultation

11 with the Administrator of the National Oceanic and At12 mospheric Administration, shall conduct a review of cur13 rent and planned research, modeling, and technology capa14 bilities that have the potential to—
15
16
17
18
19

(1) more accurately detect and predict weather
impacts to aviation;(2) inform how advanced predictive models canenhance aviation operations; and(3) increase national airspace system safety and20

efficiency.

21(b) CONSIDERATION.—The review required under

22 subsection (a) shall include consideration of the unique
23 impacts of weather on unmanned aircraft systems (as de24 fined in section 44801 of title 49, United States Code)25 and advanced air mobility operations.

MUR24306 DVY

S.L.C.

9851(c) REPORT.—Not later than 1 year after the date

2 of enactment of this Act, the Administrator shall submit
3 to the covered committees of Congress a report containing
4 the results of the review conducted under subsection (a).
5(d) RULE OF CONSTRUCTION.—Nothing in this sec-

6 tion shall be construed to duplicate existing efforts con7 ducted by the Administrator, in consultation with the Ad8 ministrator of the National Oceanic and Atmospheric Ad9 ministration.
10
11

SEC. 1023. AIR TRAFFIC SURFACE OPERATIONS SAFETY.

(a) RESEARCH.—Subject to the availability of appro-

12 priations, the Administrator, in consultation with the Ad13 ministrator of NASA and other appropriate Federal agen14 cies, shall continue to carry out research and development
15 activities relating to technologies and operations to en16 hance air traffic surface operations safety.
17(b) REQUIREMENTS.—In carrying out the research

18 and development under subsection (a) shall examine the
19 following:
20(1) Methods and technologies to enhance the21safety and efficiency of air traffic control operations

22

related to air traffic surface operations.

23(2) Emerging technologies installed in aircraft

24

cockpits to enhance ground situational awareness,

25

including enhancements to the operational perform-

MUR24306 DVY

S.L.C.

986
1

ance of runway traffic alerting and runway landing

2

safety technologies.

3(3) Safety enhancements and adjustments to4

air traffic surface operations to account for and en-5able safe operations of advanced aviation technology.

6(c) REPORT.—Not later than 18 months after the

7 date of enactment of this Act, the Administrator shall sub8 mit to the covered committees of Congress a report on
9 the research and development activities carried out under
10 this section, including regarding the transition into oper11 ational use of such activities.
12

SEC. 1024. TECHNOLOGY REVIEW OF ARTIFICIAL INTEL-

13

LIGENCE AND MACHINE LEARNING TECH-14NOLOGIES.

15(a) REVIEW.—The Administrator shall conduct a re-

16 view of current and planned artificial intelligence and ma17 chine learning technologies to improve airport efficiency
18 and safety.
19(b) CONSIDERATIONS.—In conducting the review re-

20 quired under subsection (a), the Administrator may con21 sider—22(1) identifying best practices and lessons

23

learned from both domestic and international artifi-

24cial intelligence and machine learning technology ap-

25

plications to improve airport operations; andMUR24306 DVY

S.L.C.

987
1(2) coordinating with other relevant Federal

2agencies to identify China’s domestic application of3

artificial intelligence and machine learning tech-4

nologies relating to airport operations.

5(c) SUMMARIES.—The review conducted under sub-

6 section (a) shall include examination of the application of
7 artificial intelligence and machine learning technologies to
8 the following:
9(1) Jet bridges.

10(2) Airport service vehicles on airport move-11

ment areas.

12(3) Aircraft taxi.

13(4) Air traffic control operations.

14(5) Any other areas the Administrator deter-

15

mines necessary to help improve airport efficiency

16

and safety.

17(d) REPORT.—Not later than 1 year after the date

18 of enactment of this Act, the Administrator shall submit
19 to the covered committees of Congress a report containing
20 the results of the review conducted under subsection (a).
21
22
23

SEC. 1025. RESEARCH PLAN FOR COMMERCIAL SUPERSONIC RESEARCH.

(a) IN GENERAL.—Not later than 1 year after the

24 date of enactment of this Act, the Administrator, in con25 sultation with the Administrator of NASA and industry,MUR24306 DVY

S.L.C.

988
1 shall provide to the covered committees of Congress a
2 briefing on any plans to build on existing research and3 development activities and identify any further research
4 and development needed to inform the development of
5 Federal and international policies, regulations, standards,
6 and recommended practices relating to the certification
7 and safe and efficient operation of civil supersonic aircraft
8 and supersonic overland flight.
9(b) RULE OF CONSTRUCTION.—Nothing in this sec-

10 tion shall be construed to duplicate existing research and
11 development efforts conducted by the Administrator, in
12 consultation with the Administrator of NASA.
13(c) SUPERSONIC DEFINED.—In this section, the term

14 ‘‘supersonic’’ means flights operating at speeds in excess
15 of Mach 1 but less than Mach 5.
16
17
18

SEC. 1026. ELECTROMAGNETIC SPECTRUM RESEARCH AND
DEVELOPMENT.

(a) IN GENERAL.—The Administrator, in consulta-

19 tion with the National Telecommunications and Informa20 tion Administration and the Federal Communications
21 Commission, shall conduct research, engineering, and de22 velopment related to the effective and efficient use and23 management of radio frequency spectrum in the civil avia24 tion domain, including for aircraft, unmanned aircraft sys25 tems, and advanced air mobility.

MUR24306 DVY

S.L.C.

989
1(b) CONTENTS.—The research, engineering, and de-2 velopment conducted under subsection (a) shall, at a min3 imum, address the following:
4(1) How reallocation or repurposing of radio

5

frequency spectrum adjacent to spectrum allocated6

for communication, navigation, and surveillance may

7

impact the safety of civil aviation.

8(2) The effectiveness of measures to identify

9risks, protect, and mitigate against spectrum inter-

10

ference in frequency bands used in civil aviation op-

11

erations to ensure public safety.

12(3) The identification of any emerging civil

13

aviation systems and their anticipated spectrum re-14

quirements.

15(4) The implications of paragraphs (1) through16(3) on existing civil aviation systems that use radio

17

frequency spectrum, including on the operational

18

specifications of such systems, as it relates to exist-

19

ing and to future radio frequency spectrum require-

20

ments for civil aviation.

21(c) REPORT.—Not later than 2 years after the date

22 of enactment of this Act, the Administrator shall submit
23 to the covered committees of Congress a report containing
24 the results of the research, engineering, and development
25 conducted under subsection (a).

MUR24306 DVY

S.L.C.

990
1

SEC. 1027. RESEARCH PLAN ON THE REMOTE TOWER PRO-

2
3

GRAM.

(a) IN GENERAL.—Not later than 180 days after the

4 date of enactment of this Act, the Administrator shall sub5 mit to the covered committees of Congress a comprehen6 sive plan for research, development, testing, and evalua7 tion needed to further mature remote tower technologies
8 and systems and related requirements and provide a stra9 tegic roadmap to support deployment of such technologies.
10(b) CONSIDERATIONS.—In developing the plan under

11 subsection (a), the Administrator shall consider—12(1) how remote tower systems could enhance13certain air traffic services, including providing addi-

14

tional air traffic support to existing air traffic con-15

trol tower operations and providing air traffic sup-16

port at airports without a manned air traffic control

17

tower;

18
19(2) the validation and certification timeline andstructure of the FAA;

20(3) existing remote tower technologies to the ex-21tent possible to inform technology maturation and22

improvements;

23(4) new and developing remote tower tech-24

nologies and the extent to which remote tower sys-

25

tems enable the introduction of advanced techno-

26

logical capabilities; andMUR24306 DVY

S.L.C.

991
1(5) collaborating with the exclusive bargaining

2

representative of air traffic controllers of the FAA

3certified under section 7111 of title 5, United States

4

Code.

5

(c) SAVINGS CLAUSE.—Nothing in this section shall

6 be construed to limit or otherwise delay testing, validating,7 certifying, or deploying remote tower technologies con8 ducted under section 47124 title 49, United States Code.
9
10

SEC. 1028. AIR TRAFFIC CONTROL TRAINING.

(a) RESEARCH.—Subject to the availability of appro-

11 priations, the Administrator shall carry out a research
12 program to evaluate opportunities to modernize, enhance,
13 and streamline on-the-job training and training time for
14 individuals seeking to become certified professional con15 trollers of the FAA, as required by the Administrator.
16(b) REQUIREMENTS.—In carrying out the research

17 program under subsection (a), the Administrator shall—
18(1) assess the benefits of deploying and using

19

advanced technologies, such as artificial intelligence,20

machine learning, adaptive computer-based simula-

21

tion, virtual reality, or augmented reality, or any

22other technology determined appropriate by the Ad-

23

ministrator, to enhance air traffic controller knowl-

24edge retention and controller performance, strength-MUR24306 DVY

S.L.C.

992
1

en safety, and improve the effectiveness of training

2time; and3(2) include collaboration with labor organiza-

4

tions, including the exclusive bargaining representa-

5

tive of air traffic controllers of the FAA certified

6

under section 7111 of title 5, United States Code,7

and other stakeholders.

8(c) REPORT.—Not later than 1 year after the date

9 of enactment of this Act, the Administrator shall submit
10 to the covered committees of Congress a report on the
11 findings of the research under subsection (a).
12(d) RULE OF CONSTRUCTION.—Nothing in this sec-

13 tion shall be construed to delay the installation of tower
14 simulation systems by the Administrator at FAA air traf15 fic facilities across the national airspace system.
16
17
18

SEC. 1029. REPORT ON AVIATION CYBERSECURITY DIRECTIVES.

(a) IN GENERAL.—Not later than 180 days after the

19 date of enactment of this Act, the Administrator shall sub20 mit to the covered committees of Congress a report on
21 the status of the implementation by the Administrator of
22 the framework developed under section 2111 of the FAA
23 Extension, Safety, and Security Act of 2016 (Public Law
24 114–190; 49 U.S.C. 44903 note).

MUR24306 DVY

S.L.C.

993
1(b) CONTENTS.—The report, at a minimum, shall in-

2 clude the following:
3(1) A description of the progress of the Admin-

4

istrator in developing, implementing, and updating

5

such framework.

6(2) An overview of completed research and de-7velopment projects to date and a description of re-8

maining

9prioritized for the most needed improvements, with

10target dates, to safeguard the national airspace sys-

11

tem.

14
15

and

development

activities(3) An explanation for any delays or challenges

1213

research

in so implementing such section.
SEC. 1030. TURBULENCE RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—Subject to the availability of ap-

16 propriations, the Administrator, in collaboration with the
17 Administrator of the National Oceanic and Atmospheric
18 Administration, and in consultation with the Adminis19 trator of NASA, shall carry out applied research and de20 velopment to—21(1) enhance the monitoring and understanding

22of severe turbulence, including clear-air turbulence;

23

and

MUR24306 DVY

S.L.C.

994
1(2) inform the development of measures to miti-

2gate safety impacts on crew and the flying public

3

that may result from severe turbulence.

4(b) RESEARCH AND DEVELOPMENT ACTIVITIES.—In

5 carrying out the research and development under sub6 section (a), the Administrator shall—
7(1) establish processes and procedures for com-8

prehensive and systematic data collection, through9both instrumentation and pilot reporting, of severe

10

turbulence, including clear-air turbulence;

11
12
13
14

(2) establish measures for storing and managing such data collection;(3) support measures for monitoring and characterizing incidents of severe turbulence;15(4) consider relevant existing research and de-16velopment from other entities, including Federal de-17partments and agencies, academia, and the private

18

sector; and19(5) carry out research and development—

20(A) to understand the impacts of relevant

21

factors on the nature of turbulence, including

22

severe turbulence and clear-air turbulence;

23(B) to enhance turbulence forecasts for24flight planning and execution, seasonal pre-25

dictions for schedule and route-planning, andMUR24306 DVY

S.L.C.

995
1

long-term projections of severe turbulence, in-2

cluding clear-air turbulence; and3(C) on other subject matters areas related4

to severe turbulence, as determined by the Ad-

5ministrator; and6(6) support the effective transition of the re-7

sults of research and development to operations, in8cases in which such transition is appropriate.

9(c) DUPLICATIVE RESEARCH AND DEVELOPMENT

10 ACTIVITIES.—The Administrator shall ensure that re11 search and development activities under this section do not
12 duplicate other Federal programs relating to turbulence.
13(d) TURBULENCE DATA.—

14(1) COMMERCIAL PROVIDERS.—In carrying out

15

the research and development under subsection (a)16and the activities described in subsection (b), the17Administrator may enter into agreements with com-18

mercial providers for the following:

19(A) The purchase of turbulence data.

20(B) The placement on aircraft of instru-

21

ments relevant to understanding and moni-

22

toring turbulence.

23(2) DATAACCESS.—The

Administrator shall24

make the data collected under subsection (b) widely25

available and accessible to the scientific research,MUR24306 DVY

S.L.C.

996
1

user, and stakeholder communities, including the2Administrator of the National Oceanic and Atmos-

3pheric Administration, to the greatest extent prac-4

ticable and in accordance with FAA data manage-

5

ment policies.

6(e) REPORT ON TURBULENCE RESEARCH.—Not later7 than 15 months after the date of enactment of this Act,
8 the Administrator, in collaboration with the Administrator
9 of the National Oceanic and Atmospheric Administration,
10 shall submit to the covered committees of Congress a re11 port that—12(1) details the activities conducted under this13

section, including how the requirements of sub-14

section (b) have contributed to the goals described in

15

paragraphs (1) and (2) of subsection (a);16(2) assesses the current state of scientific un-

17

derstanding of the causes, occurrence rates, and past18

and projected future trends in occurrence rates of19severe turbulence, including clear-air turbulence;20(3) describes the processes and procedures for21

collecting, storing, and managing, data in pursuant

22

to subsection (b);

23
24
25

(4) assesses—(A) the use of commercial providers pursuant to subsection (d)(1); andMUR24306 DVY

S.L.C.

997
1(B) the need for any future Federal Gov-2

ernment collection or procurement of data and3

instruments related to turbulence, including an

4assessment of costs;

5(5) describes how such data will be made avail-6

able to the scientific research, user, and stakeholder

7

communities; and

8(6) identifies future research and development

9

needed to inform the development of measures to10

predict and mitigate the safety impacts that may re-11

sult from severe turbulence, including clear-air tur-12

bulence.

1314
15SEC. 1031. RULE OF CONSTRUCTION REGARDING COLLABORATIONS.

Nothing in this title may be construed as modifying

16 or limiting existing collaborations, or limiting potential en17 gagement on future collaborations, between the Adminis18 trator, stakeholders, and labor organizations, including
19 the exclusive bargaining representative of air traffic con20 trollers certified under section 7111 of title 5, United
21 States Code, pertaining to FAA research, engineering, de22 velopment, demonstration, and testing activities.
23
24

SEC. 1032. LIMITATION.

(a) PROHIBITED ACTIVITIES.—None of the funds au-

25 thorized in this title may be used to conduct research, de-MUR24306 DVY

S.L.C.

998
1 velop, design, plan, promulgate, implement, or execute a
2 policy, program, order, or contract of any kind with the
3 Chinese Communist Party or any entity that is domiciled
4 in China or under the influence of China unless such ac5 tivities are specifically authorized by a law enacted after
6 the date of enactment of this Act.
7(b) EXEMPTION.—The Administrator is exempt from

8 the prohibitions under subsection (a) if the prohibited ac9 tivities are executed for the purposes of testing, research,
10 evaluating, analyzing, or training related to—11(1) counter-unmanned aircraft detection and12

mitigation systems, including activities conducted—

13(A) under the Center of Excellence for Un-

14

manned Aircraft Systems of the FAA; or

15(B) by the test ranges designated under16

section 44803 of title 49, United States Code;17(2) the safe, secure, or efficient operation of the18national airspace system or maintenance of public

19

safety;20(3) the safe integration of advanced aviation

21

technologies into the national airspace system, in-22

cluding activities carried out by the Center of Excel-

23

lence for Unmanned Aircraft Systems of the FAA;

MUR24306 DVY

S.L.C.

999
1(4) in coordination with other relevant Federal

2agencies, determining security threats of unmanned

3

aircraft systems; and4(5) intelligence, electronic warfare, and infor-

5

mation warfare operations.

6(c) WAIVERS.—

7(1) PUBLIC INTEREST DETERMINATION.—The

8

Administrator may waive any prohibitions under9

subsection (a) on a case-by-case basis if the Admin-

10

istrator determines that activities described in sub-11

section (a) are in the public interest.

12(2) NOTIFICATION.—If the Administrator pro-13

vides a waiver under paragraph (1), the Adminis-

14

trator shall notify the covered committees of Con-

15

gress in writing not later than 15 days after exer-

16

cising such waiver.

Subtitle B—Unmanned Aircraft
18
Systems and Advanced Air Mo19
bility17

20

SEC. 1041. DEFINITIONS.

21

In this subtitle:

22(1) ADVANCED AIR MOBILITY.—The term ‘‘ad-

23

vanced air mobility’’ means a transportation system

24that is comprised of urban air mobility and regional25

air mobility using manned or unmanned aircraft.

MUR24306 DVY

S.L.C.

1000
1(2) INTERAGENCY WORKING GROUP.—The term

2‘‘interagency working group’’ means the advanced3

air mobility and unmanned aircraft systems inter-4

agency working group of the National Science and5Technology Council established under section 1042.

6(3) LABOR ORGANIZATION.—The term ‘‘labor

7organization’’ has the meaning given the term in

8

section 2(5) of the National Labor Relations Act (299

U.S.C. 152(5)), except that such term shall also in-

10clude—

11(A) any organization composed of labor or-

12

ganizations, such as a labor union federation or13

a State or municipal labor body; and

14(B) any organization which would be in-15

cluded in the definition for such term under

16

such section 2(5) but for the fact that the orga-

17

nization represents—

18(i) individuals employed by the United

19

States, any wholly owned Government cor-20

poration, any Federal Reserve Bank, or

21

any State or political subdivision thereof;

22(ii) individuals employed by persons

23

subject to the Railway Labor Act (4524

U.S.C. 151 et seq.); orMUR24306 DVY

S.L.C.

1001(iii) individuals employed as agricul-

1tural laborers.

23(4) NATIONAL LABORATORY.—The term ‘‘Na-

4tional Laboratory’’ has the meaning given such term

5in section 2 of the Energy Policy Act of 2005 (426U.S.C. 15801).

7(5) TECHNICAL STANDARD.—The term ‘‘tech-

8

nical standard’’ has the meaning given such term in

9section 12(d)(5) of the National Technology Trans-

10

fer and Advancement Act of 1995 (15 U.S.C. 272

11note).

12(6) UNMANNED AIRCRAFT SYSTEM.—The term

13‘‘unmanned aircraft system’’ has the meaning given

14such term in section 44801 of title 49, United

15

States Code.

16
17

SEC. 1042. INTERAGENCY WORKING GROUP.

(a) DESIGNATION.—

18(1) IN GENERAL.—The National Science and19

Technology Council shall establish or designate an

20interagency working group on advanced air mobility

21

and unmanned aircraft systems to coordinate Fed-22

eral research, development, deployment, testing, and23

education activities to enable advanced air mobility

24

and unmanned aircraft systems.

MUR24306 DVY

S.L.C.

1002
1(2) MEMBERSHIP.—The interagency working

2group shall be comprised of senior representatives

3from NASA, the Department of Transportation, the4

National Oceanic and Atmospheric Administration,5

the National Science Foundation, the National Insti-

6

tute of Standards and Technology, Department of7

Homeland Security, and such other Federal agencies

8

as appropriate.

9(b) DUTIES.—The interagency working group shall—

10(1) develop a strategic research plan to guide11

Federal research to enable advanced air mobility and12unmanned aircraft systems and oversee implementa-

13

tion of the plan;14(2) oversee the development of—15(A) an assessment of the current state of16

United States competitiveness and leadership in

17

advanced air mobility and unmanned aircraft

18

systems, including the scope and scale of19

United States investments in relevant research20

and development; and21(B) strategies to strengthen and secure the22domestic supply chain for advanced air mobility

23

systems and unmanned aircraft systems;

24(3) facilitate communication and outreach op-

25

portunities with academia, industry, professional so-MUR24306 DVY

S.L.C.

1003
1

cieties, State, local, Tribal, and Federal govern-2

ments, and other stakeholders;

3(4) facilitate partnerships to leverage knowledge

4

and resources from industry, State, local, Tribal,

5and Federal governments, National Laboratories,

6

unmanned aircraft systems test range (as defined in

7

section 44801 of title 49, United States Code), aca-8

demic institutions, and others;9(5) coordinate with the advanced air mobility

10

working group established under section 2 of the Ad-

11vanced Air Mobility Coordination and Leadership

12

Act (Public Law 117–203) and heads of other Fed-13eral departments and agencies to avoid duplication

14of research and other activities to ensure that the15

activities carried out by the interagency working

16

group are complementary to those being undertaken

17

by other interagency efforts; and18(6) coordinate with the National Security Coun-19

cil and other authorized agency coordinating bodies

20

on the assessment of risks affecting the existing21

Federal unmanned aircraft systems fleet and out-

22

lining potential steps to mitigate such risks.

23(c) REPORT TO CONGRESS.—Not later than 1 year

24 after the date of enactment of this Act, and every 2 years
25 thereafter until December 31, 2028, the interagency work-MUR24306 DVY

S.L.C.

1004
1 ing group shall transmit to the covered committees of Con2 gress a report that includes a summary of federally funded
3 advanced air mobility and unmanned aircraft systems re4 search, development, deployment, and testing activities,
5 including the budget for each of the activities described
6 in this paragraph.
7(d) RULEOFCONSTRUCTION.—The interagency

8 working group shall not be construed to conflict with or
9 duplicate the work of the interagency working group es10 tablished under the advanced air mobility working group
11 established by the Advanced Air Mobility Coordination
12 and Leadership Act (Public Law 117–203).
1314SEC. 1043. STRATEGIC RESEARCH PLAN.

(a) IN GENERAL.—Not later than 2 years after the

15 date of enactment of this Act, the interagency working
16 group shall develop and periodically update, as appro17 priate, a strategic plan for Federal research, development,
18 deployment, and testing of advanced air mobility systems
19 and unmanned aircraft systems.
20(b) CONSIDERATIONS.—In developing the plan re-

21 quired under subsection (a), the interagency working
22 group shall consider and use—
23(1) information, reports, and studies on ad-

24vanced air mobility and unmanned aircraft systems

MUR24306 DVY

S.L.C.

1005
1

that have identified research, development, deploy-2ment, and testing needed;

3(2) information set forth in the national avia-

4tion research plan developed under section 44501(c)5of title 49, United States Code; and6(3) recommendations made by the National

7

Academies in the review of the plan under sub-8

section (d).

9(c) CONTENTS OF THE PLAN.—In developing the

10 plan required under subsection (a), the interagency work11 ing group shall—
12(1) determine and prioritize areas of advanced

13

air mobility and unmanned aircraft systems re-14

search, development, demonstration, and testing re-15

quiring Federal Government leadership and invest-

16

ment;

17

(2) establish, for the 10-year period beginning18

in the calendar year the plan is submitted, the goals

19

and priorities for Federal research, development,

20

and testing which will—

21(A) support the development of advanced

22

air mobility technologies and the development of

23

an advanced air mobility research, innovation,24

and manufacturing ecosystem;MUR24306 DVY

S.L.C.

1006
1(B) take into account sustained, con-2

sistent, and coordinated support for advanced3

air mobility and unmanned aircraft systems re-4

search, development, and demonstration, includ-5

ing through grants, cooperative agreements,

6

testbeds, and testing facilities;

7(C) apply lessons learned from unmanned

8

aircraft systems research, development, dem-

9

onstration, and testing to advanced air mobility

10systems;

11(D) inform the development of voluntary

12

consensus technical standards and best prac-

13

tices for the development and use of advanced

14

air mobility and unmanned aircraft systems;

15(E) support education and training activi-

16

ties at all levels to prepare the United States17

workforce to use and interact with advanced air

18

mobility systems and unmanned aircraft sys-

19

tems;

20

(F)

supportpartnerships

toleverage

21

knowledge and resources from industry, State,

22

local, Tribal, and Federal governments, the Na-

23tional Laboratories, Center of Excellence for24

Unmanned Aircraft Systems Research of the25

FAA, unmanned aircraft systems test ranges

MUR24306 DVY

S.L.C.

1007
1(as defined in section 44801 of title 49, United

2States Code), academic institutions, labor orga-

3

nizations, and others to advance research activi-

4

ties;
(G) leverage existing Federal investments;

5
6

and
(H) promote hardware interoperability and78

open-source systems;

9(3) support research and other activities on the10

impacts of advanced air mobility and unmanned air-11

craft systems on national security, safety, economic,

12

legal, workforce, and other appropriate societal

13

issues;14(4) reduce barriers to transferring research

15

findings, capabilities, and new technologies related

16

to advanced air mobility and unmanned aircraft sys-

17

tems into operation for the benefit of society and18

United States competitiveness;

19(5) in consultation with the Council of Eco-20

nomic Advisers, measure and track the contributions

21of unmanned aircraft systems and advanced air mo-

22bility to United States economic growth and other23

societal indicators; and24(6) identify relevant research and development

25

programs and make recommendations for the coordi-

MUR24306 DVY

S.L.C.

1008
1

nation of relevant activities of the Federal agencies

2and set forth the role of each Federal agency in im-

3

plementing the plan.

4(d) NATIONAL ACADEMIES OF SCIENCES, ENGINEER-

5

ING, ANDMEDICINE EVALUATION.—The Administrator

6 shall seek to enter into an agreement with the National
7 Academies to review the plan every 5 years.
8(e) PUBLIC PARTICIPATION.—In developing the plan

9 under subsection (a), the interagency working group shall
10 consult with representatives of stakeholder groups, which
11 may include academia, research institutions, and State, in12 dustry, and labor organizations. Not later than 90 days
13 before the plan, or any revision thereof, is submitted to
14 Congress, the plan shall be published in the Federal Reg15 ister for a public comment period of not less than 60 days.
1617(f) REPORTS TO CONGRESS ON THE STRATEGIC RESEARCH PLAN.—

18(1) PROGRESS REPORT.—Not later than 1 year

19

after the date of enactment of this Act, the inter-20

agency working group described in section 1042 of

21

this Act shall transmit to the covered committees of22

Congress a report that describes the progress in de-23veloping the plan required under this section.

24(2) INITIAL REPORT.—Not later than 2 years

25

after the date of enactment of this Act, the inter-MUR24306 DVY

S.L.C.

10091

agency working group shall transmit to the covered

2

committees of Congress the strategic research plan3

developed under this section.

4(3) BIENNIAL REPORT.—Not later than 1 year

5

after the transmission of the initial report under6

paragraph (2) and every 2 years thereafter until De-

7cember 31, 2033, the interagency working group8

shall transmit to the covered committees of Congress

9

a report that includes an analysis of the progress

10

made towards achieving the goals and priorities for11

the strategic research plan.

12

SEC.

1044.

FEDERAL

AVIATIONADMINISTRATION

UN-

13

MANNED AIRCRAFT SYSTEM AND ADVANCED

14

AIR MOBILITY RESEARCH AND DEVELOP-

15

MENT.

16

(a) IN GENERAL.—Consistent with the research plan

17 in section 1043, the Administrator, in coordination with
18 the Administrator of NASA and other Federal agencies,
19 shall carry out and support research, development, testing,
20 and demonstration activities and technology transfer, and21 activities to facilitate the transition of such technologies
22 into application to enable advanced air mobility and un23 manned aircraft systems and to facilitate the safe integra24 tion of advanced air mobility and unmanned aircraft sys-

MUR24306 DVY

S.L.C.

1010
1 tems into the national airspace system, in areas includ2 ing—
3(1) beyond visual-line-of-sight operations;4(2) command and control link technologies;

5(3) development and integration of unmanned

6

aircraft system traffic management into the national

7

airspace system;

8
9
10
11

(4) noise and other societal and environmental
impacts;(5) informing the development of an industry
consensus vehicle-to-vehicle standard;

12(6) safety, including collisions between ad-

13vanced air mobility and unmanned aircraft systems

14of various sizes, traveling at various speeds, and var-

15

ious other crewed aircraft or various parts of other16

crewed aircraft of various sizes and traveling at var-

17

ious speeds; and1819(7) detect-and-avoid capabilities.
(b) DUPLICATIVE RESEARCH AND DEVELOPMENT

20 ACTIVITIES.—The Administrator shall ensure that re21 search and development and other activities conducted
22 under this section do not duplicate other Federal activities
23 related to the integration of unmanned aviation systems
24 or advanced air mobility.

MUR24306 DVY

S.L.C.

1011
1(c) LESSONS LEARNED.—The Administrator shall

2 apply lessons learned from unmanned aircraft systems re3 search, development, demonstration, and testing to ad4 vanced air mobility systems.
5(d) RESEARCH ON APPROACHES TO EVALUATING

6 RISK.—The Administrator shall conduct research on ap7 proaches to evaluating risk in emerging vehicles, tech8 nologies, and operations for unmanned aircraft systems
9 and advanced air mobility systems. Such research shall in10 clude—
11(1) defining quantitative metrics, including

12

metrics that may support the Secretary in making

13

determinations, and research to inform the develop-

14

ment of requirements, as practicable, for the oper-

15

ations of certain unmanned aircraft systems, as de-16

scribed under section 44807 of title 49, United

17

States Code;18(2) developing risk-based processes and criteria

19

to inform the development of regulations and certifi-

20

cation of complex operations, to include autonomous

21

beyond-visual-line-of-sight operations, of unmanned

22

aircraft systems of various sizes and weights, and23

advanced air mobility systems; andMUR24306 DVY

S.L.C.

1012
1(3) considering the utility of performance2

standards to make determinations under section

344807 of title 49, United States Code.

4(e) REPORT.—Not later than 9 months after the date

5 of enactment of this Act, the Administrator shall submit
6 to the covered committees of Congress a report on the ac7 tions taken by the Administrator to implement provisions
8 under this section that includes—
910(1) a summary of the costs and results of research under subsection (a)(6);11(2) a description of plans for and progress to-12

ward the implementation of research and develop-

13

ment under subsection (d);14(3) a description of the progress of the FAA in

15

using research and development to inform FAA cer-16tification guidance and regulations of—

17(A) large unmanned aircraft systems, in-18

cluding those weighing more than 55 pounds;

19

and

20

(B) extended autonomous and remotely pi-

21

loted operations beyond visual line of sight in22

controlled and uncontrolled airspace; and23(4) a current plan for full operational capability

24

of unmanned aircraft systems traffic management,

MUR24306 DVY

S.L.C.

1013
1

as described in section 376 the FAA Reauthorization

2

Act of 2018 (49 U.S.C. 44802 note).

3(f) PARALLEL EFFORTS.—

4(1) IN GENERAL.—Research and development

5

activities under this section may be conducted con-6

currently with the deployment of technologies out-

7

lined in (a) and in carrying out the this title and8title IX.

9(2) RULE OF CONSTRUCTION.—Nothing in this10

section shall be construed to delay appropriate ac-

11

tions to deploy the technologies outlined in sub-12

section (a), including the deployment of beyond vis-13

ual-line-of-sight operations of unmanned aircraft

14

systems, or delay the Administrator in carrying out

15

this title and title IX, or limit FAA use of existing

16

risk methodologies to make determinations pursuant

17

to section 44807 of title 49, United States Code,18

prior to completion of relevant research and develop-

19

ment activities.

20(3) PRACTICES AND REGULATIONS.—The Ad-

21

ministrator shall, to the maximum extent prac-

22

ticable, use the results of research and development

23

activities conducted under this section to inform de-24

cisions on whether and how to maintain or updateMUR24306 DVY

S.L.C.

1014
1

existing regulations and practices, or whether to es-

2tablish new practices or regulations.

3

SEC. 1045. PARTNERSHIPS FOR RESEARCH, DEVELOPMENT,4

DEMONSTRATION, AND TESTING.

5(a) STUDY.—The Administrator shall seek to enter

6 into an arrangement with the National Academy of Public
7 Administration to examine research, development, dem8 onstration, and testing partnerships of the FAA to ad9 vance unmanned aircraft systems and advanced air mobil10 ity and to facilitate the safe integration of unmanned air11 craft systems into the national airspace system.
12(b) CONSIDERATIONS.—The Administrator shall en-

13 sure that the entity carrying out the study in subsection
14 (a) shall—
15(1) identify existing FAA partnerships with ex-

16

ternal entities, including academia and Centers of

17

Excellence, industry, and nonprofit organizations,18

and the types of such partnership arrangements;

19(2) examine the partnerships in paragraph (1),20

including the scope and areas of research, develop-

21

ment, demonstration, and testing carried out, and22

associated arrangements for performing research23

and development activities;24(3) review the extent to which the FAA uses the25

results and outcomes of each partnership to advanceMUR24306 DVY

S.L.C.

1015
1

the research and development in unmanned aircraft2

systems;

3(4) identify additional research and develop-

4ment areas, if any, that may benefit from partner-

5

ship arrangements, and whether such research and6development would require new partnerships;

7(5) identify any duplication of ongoing or

8planned research, development, demonstration, or9testing activities;

10(6) identify effective and appropriate means for

11

publication and dissemination of the results and12sharing with the public, commercial, and research

13

communities related data from such research, devel-

14

opment, demonstration, and testing conducted under

15

such partnerships;

16(7) identify effective mechanisms, either new or17

already existing, to facilitate coordination, evalua-

18tion, and information-sharing among and between

19such partnerships;

20(8) identify effective and appropriate means for21

facilitating technology transfer activities within such

22

partnerships;

23(9) identify the extent to which such partner-

24

ships broaden participation from groups historically25

underrepresented in science, technology, engineering,MUR24306 DVY

S.L.C.

1016
1

and mathematics, including computer science and2cybersecurity, and include participation by industry,3

workforce, and labor organizations; and4(10) review options for funding models best5

suited for such partnerships, which may include

6

cost-sharing and public-private partnership models

7with industry.

8(c) TRANSMITTAL.—Not later than 12 months after

9 the date of enactment of this Act, the Administrator shall10 transmit to the covered committees of Congress the study
11 described in subsection (a).
12
13
14

TITLE XI—MISCELLANEOUS
SEC. 1101. TECHNICAL CORRECTIONS.

(a) TITLE 49 ANALYSIS.—The analysis for title 49,

15 United States Code, is amended by striking the item relat16 ing to subtitle IX and inserting the following:‘‘IX. MULTIMODAL FREIGHT TRANSPORTATION ....................... 70101’’.

17(b) SUBTITLE I ANALYSIS.—The analysis for subtitle

18 I of title 49, United States Code, is amended by striking
19 the item relating to chapter 7.
20(c) SUBTITLE VII ANALYSIS.—The analysis for sub-21 title VII of title 49, United States Code, is amended by
22 striking the item relating to chapter 448 and inserting the
23 following:‘‘448. Unmanned Aircraft Systems .......................................................... 44801’’.

MUR24306 DVY

S.L.C.

1017
1(d) AUTHORITY TO EXEMPT.—Section 40109(b) of

2 title 49, United States Code, is amended by striking ‘‘sec3 tions 40103(b)(1) and (2) of this title’’ and inserting4 ‘‘paragraphs (1) and (2) of section 40103(b)’’.
5(e) DISPOSAL OF PROPERTY.—Section 40110(c)(4)6 of title 49, United States Code, is amended by striking
7 ‘‘subsection (a)(2)’’ and inserting ‘‘subsection (a)(3)’’.
8(f) GENERAL PROCUREMENT AUTHORITY.—Section

9 40110(d)(3) of title 49, United States Code, is further
10 amended—(1) in subparagraph (B) by inserting ‘‘, as in

1112

effect on October 9, 1996’’ after ‘‘Policy Act’’;13(2) in subparagraph (C) by striking ‘‘the Office14

of Federal Procurement Policy Act’’ and inserting

15‘‘division B of subtitle I of title 41’’; and

16(3) in subparagraph (D) by striking ‘‘section

1727(e)(3)(A)(iv) of the Office of Federal Procurement

18

Policy Act’’ and inserting ‘‘section 2105(c)(1)(D) of

19

title 41’’.

20

(g)

21

GOVERNMENT-FINANCED

AIRTRANSPOR-TATION.—Section 40118(g)(1) of title 49, United States

22 Code, is amended by striking ‘‘detection and reporting of
23 potential human trafficking (as described in paragraphs
24 (9) and (10)’’ and inserting ‘‘detection and reporting of
25 potential severe forms of trafficking in persons and sex

MUR24306 DVY

S.L.C.

1018
1 trafficking (as such terms are defined in paragraphs (11)2 and (12)’’.
3(h) FAA AUTHORITY TO CONDUCT CRIMINAL HIS-

4TORY RECORD CHECKS.—Section 40130(a)(1)(A) of title

5 49, United States Code, is amended by striking ‘‘(42
6 U.S.C. 14616)’’ and inserting ‘‘(34 U.S.C. 40316)’’.
7(i) SUBMISSIONS OF PLANS.—Section 41313(c)(16)

8 of title 49, United States Code, is amended by striking
9 ‘‘will consult’’ and inserting ‘‘the foreign air carrier shall
10 consult’’.
11(j) PLANS AND POLICY.—Section 44501(c) of title

12 49, United States Code, is amended—
13

(1)

in

14

‘‘40119,’’; andparagraph(2)(B)(i),bystriking

15(2) in paragraph (3) by striking ‘‘Subject to16section 40119(b) of this title and regulations pre-17

scribed under section 40119(b),’’ and inserting

18‘‘Subject to section 44912(d)(2) and regulations pre-19

scribed under such section,’’.

20(k) CIVIL PENALTY.—Section 44704(f) of title 49,

21 United States Code, is amended by striking ‘‘subsection
22 (a)(6)’’ and inserting ‘‘subsection (d)(3)’’.
23(l) USE AND LIMITATION OF AMOUNTS.—Section

24 44508 of title 49, United States Code, is amended by
25 striking ‘‘40119,’’ each place it appears.

MUR24306 DVY

S.L.C.

1019
12(m) STRUCTURES INTERFERING WITH AIR COMMERCE OR

NATIONAL SECURITY.—Section 44718(h) of

3 title 49, United States Code, is amended to read as fol4 lows:5‘‘(h) DEFINITIONS.—In this section, the terms ‘ad-

6 verse impact on military operations and readiness’ and7 ‘unacceptable risk to the national security of the United
8 States’ have the meaning given those terms in section
9 183a(h) of title 10.’’.
10(n)

METEOROLOGICALSERVICES.—Section

11 44720(b)(2) of title 49, United States Code, is amended—
12(1) by striking ‘‘the Administrator to persons’’

13

and inserting ‘‘the Administrator, to persons’’; and

14(2) by striking ‘‘the Administrator and to’’ and15

inserting ‘‘the Administrator, and to’’.

16(o) AERONAUTICAL CHARTS.—Section 44721(c)(1)

17 of title 49, United States Code, is amended by striking
18 ‘‘1947,’’ and inserting ‘‘1947’’.
19(p) FLIGHT ATTENDANT CERTIFICATION.—Section

20 44728(c) of title 49, United States Code, is amended by
21 striking ‘‘Regulation,’’ and inserting ‘‘Regulations,’’.
22(q) MANUAL SURCHARGE.—The analysis for chapter

23 453 of title 49, United States Code, is amended by adding
24 at the end the following:‘‘45306. Manual surcharge.’’.

MUR24306 DVY

S.L.C.

1020
1(r) SCHEDULE OF FEES.—Section 45301(a) of title

2 49, United States Code, is amended by striking ‘‘The Ad3 ministrator shall establish’’ and inserting ‘‘The Adminis4 trator of the Federal Aviation Administration shall estab5 lish’’.
6(s) JUDICIAL REVIEW.—Section 46110(a) of title 49,

7 United States Code, is amended by striking ‘‘subsection
8 (l) or (s) of section 114’’ and inserting ‘‘subsection (l) or
9 (r) of section 114’’.
10(t) CIVIL PENALTIES.—Section 46301(a) of title 49,

11 United States Code, is amended—
12(1) in the heading for paragraph (6), by strik-13

ing ‘‘FAILURE

14

BADGES’’ and inserting ‘‘FAILURE TO COLLECT AIR-

15

PORT SECURITY BADGES’’; andTO

COLLECTAIRPORT

SECURITY

16(2) in paragraph (7), by striking ‘‘PENALTIES

17

RELATING TO HARM TO PASSENGERS WITH DISABIL-18

ITIES’’

19‘‘PENALTIES RELATING TO HARM TO PASSENGERS

20

WITH DISABILITIES’’.

21(u) PAYMENTS UNDER PROJECT GRANT AGREE-

22

in the paragraph heading and inserting

MENTS.—Section

47111(e) of title 49, United States

23 Code, is amended by striking ‘‘fee’’ and inserting24 ‘‘charge’’.

MUR24306 DVY

S.L.C.

1021
12(v) AGREEMENTS FOR STATE AND LOCAL OPERATIONOFAIRPORT

FACILITIES.—Section

3 47124(b)(1)(B)(ii) of title 49, United States Code, is
4 amended by striking the second period at the end.
5(w) USE OF FUNDS FOR REPAIRS FOR RUNWAY

6 SAFETY REPAIRS.—Section 47144(b)(4) of title 49,
7 United States Code, is amended by striking ‘‘(42 U.S.C.
8 4121 et seq.)’’ and inserting ‘‘(42 U.S.C. 5121 et seq.)’’.
9(x) METROPOLITAN WASHINGTON AIRPORTS AU-

10

THORITY.—Section 49106 of title 49, United States Code,11 is amended—
12
13
14

(1) in subsection (a)(1)(B) by striking ‘‘andsection 49108 of this title’’; and(2) in subsection (c)(6)(C) by inserting ‘‘the’’15

before ‘‘jurisdiction’’.

16(y) SEPARABILITYAND

EFFECTOF

JUDICIAL

17 ORDER.—Section 49112(b) of title 49, United States
18 Code, is amended—
19(1) by striking paragraph (1); and20(2) by striking ‘‘(2) Any action’’ and inserting

21
22
23

‘‘Any action’’.
SEC. 1102. TRANSPORTATION OF ORGANS.

(a) IN GENERAL.—Not later than 90 days after the

24 date of enactment of this Act, the Secretary, in consulta25 tion with the Administrator, shall convene a working

MUR24306 DVY

S.L.C.

1022
1 group (in this section referred to as the ‘‘working group’’)2 to assist in developing best practices for transportation of
3 an organ in the cabin of an aircraft operating under part
4 121 of title 14, Code of Federal Regulations, and to iden5 tify regulations that hinder such transportation, if applica6 ble.
7(b) COMPOSITION.—The working group shall be com-

8 prised of representatives from the following:
910(1) Air carriers operating under part 121 of
title 14, Code of Federal Regulations.

11(2) Organ procurement organizations.

12(3) Organ transplant hospitals.

13(4) Flight attendants.

14(5) Other relevant Federal agencies involved in

15

organ transportation or air travel.

16(c) CONSIDERATIONS.—In establishing the best prac-

17 tices described in subsection (a), the working group shall18 consider—19(1) a safe, standardized process for acceptance,

20

handling, management, and transportation of an

21

organ in the cabin of such aircraft; and22(2) protocols to ensure the safe and timely

23

transport of an organ in the cabin of such aircraft,24

including through connecting flights.

MUR24306 DVY

S.L.C.

1023
1(d) RECOMMENDATIONS.—Not later than 1 year

2 after the convening of the working group, such working
3 group shall submit to the Secretary a report containing
4 recommendations for the best practices described in sub5 section (a).
6(e) DEFINITION OF ORGAN.—In this section, the

7 term ‘‘organ’’—8(1) has the meaning given such term in section

9121.2 of title 42, Code of Federal Regulations; and

10
11
12
13

(2) includes organ-related tissue.
SEC. 1103. ACCEPTANCE OF DIGITAL DRIVER’S LICENSE
AND IDENTIFICATION CARDS.

The Administrator shall take such actions as may be

14 necessary to accept, in any instance where an individual
15 is required to submit government-issued identification to
16 the Administrator, a digital or mobile driver’s license or
17 identification card issued to such individual by a State.
18
19SEC. 1104. QUASQUICENTENNIAL OF AVIATION.

(a) FINDINGS.—Congress finds the following:

20(1) December 17, 2028, is the 125th anniver-21

sary of the first successful manned, free, controlled,22

and sustained flight by an aircraft.

23(2) The first flight by Orville and Wilbur

24

Wright in Kitty Hawk, North Carolina, is a defining

MUR24306 DVY

S.L.C.

1024
1

moment in the history of the United States and the2world.

3(3) The Wright brothers’ achievement is a tes-

4

tament to their ingenuity, perseverance, and commit-

5

ment to innovation, which has inspired generations

6of aviators and scientists alike.

7(4) The advent of aviation and the air transpor-

8

tation industry has fundamentally transformed the9United States and the world for the better.

10(5) The 125th anniversary of the Wright broth-11

ers’ first flight is worthy of recognition and celebra-

12tion to honor their legacy and to inspire a new gen-

13

eration of Americans as aviation reaches an inflec-

14

tion point of innovation and change.

15(b) SENSE OF CONGRESS.—It is the sense of Con-

16 gress that the Secretary, the Administrator, and the heads
17 of other appropriate Federal agencies should facilitate and18 participate in local, national, and international observ19 ances and activities that commemorate and celebrate the
20 125th anniversary of powered flight.
21
22

SEC. 1105. LIMITATIONS FOR CERTAIN CARGO AIRCRAFT.

(a) IN GENERAL.—The standards adopted by the Ad-

23 ministrator of the Environmental Protection Agency in
24 part 1030 of title 40, Code of Federal Regulations, and25 the requirements in part 38 of title 14, Code of Federal

MUR24306 DVY

S.L.C.

1025
1 Regulations, that were finalized by the Administrator of
2 the FAA under the final rule titled ‘‘Airplane Fuel Effi3 ciency Certification’’, and published on February 16, 2024
4 (89 Fed. Reg. 12634) in part 38 of title 14, Code of Fed5 eral Regulations, shall not apply to any covered airplane
6 before the date that is 5 years after January 1, 2028.
7(b) OPERATIONAL LIMITATION.—The Administrator

8 shall limit to domestic use or international operations,
9 consistent with relevant international agreements and
10 standards, the operation of any covered airplane that—1112(1) does not meet the standards and requirements described in subsection (a); and13(2) received an original certificate of airworthi-

14

ness issued by the Administrator on or after Janu-15

ary 1, 2028.

16(c) DEFINITIONS.—In this section:

17
18
19
20

(1) COVERED AIRPLANE.—The term ‘‘covered
airplane’’ means an airplane that—(A) is a subsonic jet that is a purpose-built
freighter;

21(B) has a maximum takeoff mass greater

22

than 180,000 kilograms but not greater than23

240,000 kilograms; and2425(C) has a type design certificated prior to
January 1, 2023.

MUR24306 DVY

S.L.C.

1026
1(2) PURPOSE-BUILTFREIGHTER.—The

term

2

‘‘purpose-built freighter’’ means any airplane that—

3(A) was configured to carry cargo rather

4

than passengers prior to receiving an original

5

certificate of airworthiness; and(B) is configured to carry cargo rather

6
7
8
9

than passengers.
SEC. 1106. PROHIBITION ON MANDATES.

(a) PROHIBITIONON

MANDATES.—The Adminis-

10 trator may not require any contractor to mandate that em11 ployees of such contractor obtain a COVID–19 vaccine or
12 enforce any condition regarding COVID–19 vaccination
13 status of employees of a contractor.
14(b) PROHIBITION ON IMPLEMENTATION.—The Ad-

15 ministrator may not implement or enforce any require16 ment that—
17
18
19
20

(1) employees of air carriers be vaccinatedagainst COVID–19;(2) employees of the FAA be vaccinated against
COVID–19; or

21(3) passengers of air carriers be vaccinated22

against COVID–19 or wear a mask as a result of a

23

COVID–19 related public health measure.

MUR24306 DVY

S.L.C.

1027
1
2

SEC. 1107. COVID–19 VACCINATION STATUS.

(a) IN GENERAL.—Chapter 417 of title 49, United

3 States Code, is further amended by adding at the end the
4 following:
5 ‘‘§ 41729. COVID–19 vaccination status6‘‘(a) IN GENERAL.—An air carrier (as such term is

7 defined in section 40102) may not deny service to any in8 dividual solely based on the vaccination status of the indi9 vidual with respect to the COVID–19.
10‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-

11 tion shall be construed to apply to the regulation of intra12 state travel, transportation, or movement, including the
13 intrastate transportation of passengers.’’.
14(b) CLERICAL AMENDMENT.—The analysis for chap-

15 ter 417 of title 49, United States Code, is further amend16 ed by inserting after the item relating to section 41728
17 the following:‘‘41729. COVID–19 vaccination status.’’.

18(c) RULE OF CONSTRUCTION.—Nothing in this sec-

19 tion, or the amendment made by this section, shall be con20 strued to permit or otherwise authorize an executive agen21 cy to enact or otherwise impose a COVID–19 vaccine man22 date.

MUR24306 DVY

S.L.C.

1028
1

SEC. 1108. RULEMAKING RELATED TO OPERATING HIGH-

2

SPEED FLIGHTS IN HIGH ALTITUDE CLASS E

3AIRSPACE.

4

Not later than 2 years after the date on which the

5 Administrator identifies the minimum altitude pursuant to
6 section 1011, the Administrator shall publish in the Fed7 eral Register a notice of proposed rulemaking to amend
8 sections 91.817 and 91.818 of title 14, Code of Federal
9 Regulations, and such other regulations as appropriate, to10 permit flight operations with speeds above Mach 1 at or
11 above the minimum altitude identified under section 1011
12 without specific authorization, provided that such flight
13 operations—(1) show compliance with airworthiness require-

14
15

ments;

16(2) do not produce an appreciable sonic boom

17

overpressure to reach the surface under prevailing18

atmospheric conditions;19(3) have ordinary instrument flight rules clear-

20

ances necessary to operate in controlled airspace;

21

and

22
23
24
25

(4) comply with applicable environmental requirements.
SEC. 1109. FAA LEADERSHIP IN HYDROGEN AVIATION.

(a) IN GENERAL.—The Administrator shall exercise

26 leadership in the development of Federal regulations,MUR24306 DVY

S.L.C.

1029
1 standards, best practices, and guidance relating to the2 safe and efficient certification of the use of hydrogen in
3 civil aviation, including the certification of hydrogen-pow4 ered commercial aircraft.
5(b) EXERCISE OF LEADERSHIP.—In carrying out

6 subsection (a), the Administrator shall—
7(1) develop a viable path for the certification of8

the safe use of hydrogen in civil aviation, including

9hydrogen-powered aircraft, that considers existing

10

frameworks, modifying an existing framework, or de-

11veloping new standards, best practices, or guidance12

to complement the existing frameworks, as appro-

13

priate;14(2) review certification regulations, guidance,15

and other requirements of the FAA to identify ways

16

to safely and efficiently certify hydrogen-powered17commercial aircraft;18(3) consider the needs of the aerospace indus-

19

try, aviation suppliers, hydrogen producers, airlines,

20

airport sponsors, fixed base operators, and other21

stakeholders when developing regulations and stand-22

ards that enable the safe certification and deploy-

23

ment of the use of hydrogen in civil aviation, includ-24

ing hydrogen-powered commercial aircraft, in the25

national airspace system; andMUR24306 DVY

S.L.C.

1030
1(4) obtain the input of the aerospace industry,2

aviation suppliers, hydrogen producers, airlines, air-3

port sponsors, fixed base operators, academia, re-4search institutions, and other stakeholders regard-

5

ing—

6

(A) an appropriate regulatory framework

7

and timeline for permitting the safe and effi-

8

cient use of hydrogen in civil aviation, including9

the deployment and operation of hydrogen-pow-

10

ered commercial aircraft in the United States,

11

which may include updating or modifying exist-

12

ing regulations;13(B) how to accelerate the resolution of

14

issues related to data, standards development,15

and related regulations necessary to facilitate

16

the safe and efficient certification of the use of

17hydrogen in civil aviation, including hydrogen-18

powered commercial aircraft; and19(C) other issues identified and determined20

appropriate by the Administrator or the advi-

21

sory

22

1019(d)(7) to be addressed to enable the safe

23

and efficient use of hydrogen in civil aviation,

24

including the deployment and operation of hy-

25drogen-powered commercial aircraft.

committee

establishedundersectionMUR24306 DVY

S.L.C.

1031
1

SEC. 1110. ADVANCING GLOBAL LEADERSHIP ON CIVIL SU-

2
3

PERSONIC AIRCRAFT.

Section 181 of the FAA Reauthorization Act of 2018

4 (49 U.S.C. 40101 note) is amended—
5(1) in subsection (a) by striking ‘‘regulations,6and standards’’ and inserting ‘‘regulations, stand-7

ards, and recommended practices’’; and8(2) by adding at the end the following new sub-9

section:10‘‘(g) ADDITIONAL REPORTS.—

11‘‘(1) INITIALPROGRESS REPORT.—Not

later

12

than 1 year after the date of enactment of this sub-13

section, the Administrator shall submit to the appro-

14

priate committees of Congress a report describing—

15‘‘(A) the progress of the actions described

16

in subsection (d)(1);17‘‘(B) any planned, proposed, or anticipated18

action to update or modify existing policies and19

regulations related to civil supersonic aircraft,20

including such actions identified as a result of

21

stakeholder consultation and feedback (such as

22

landing and takeoff noise); and23‘‘(C) any other information determined ap-

24

propriate by the Administrator.

25‘‘(2) SUBSEQUENT REPORT.—Not later than 2

26years after the date on which the Administrator sub-

MUR24306 DVY

S.L.C.

1032
1

mits the initial progress report under paragraph (1),2

the Administrator shall update the report described3

in paragraph (1) and submit to the appropriate com-4

mittees of Congress such report.’’.

5
6SEC. 1111. LEARNING PERIOD.

Section 50905(c)(9) of title 51, United States Code,7 is amended by striking ‘‘May 11, 2024’’ and inserting
8 ‘‘January 1, 2025’’.
910SEC. 1112. COUNTER-UAS AUTHORITIES.

Section 210G(i) of the Homeland Security Act of

11 2002 (6 U.S.C. 124n(i)) is amended by striking ‘‘May 11,
12 2024’’ and inserting ‘‘October 1, 2024’’.
13
14

SEC. 1113. STUDY ON AIR CARGO OPERATIONS.

(a) IN GENERAL.—Not later than 1 year after the

15 date of enactment of this Act, the Comptroller General
16 shall initiate a study on the economic sustainability of air
17 cargo operations.
18(b) CONTENTS.—In conducting the study required

19 under subsection (a), the Comptroller General shall ad20 dress the following:
21(1) Airport and cargo development strategies,

22

including the pursuit of new air carriers and plans

23

for physical expansion.

24(2) Key historical statistics for passenger, cargo

25

volumes, including freight, express, and mail cargo,

MUR24306 DVY

S.L.C.

1033
1

and operations, including statistics distinguishing2

between passenger and freight operations.

3(3) A description of air cargo facilities, includ-4

ing the age and condition of such facilities and the5square footage and configuration of the landside and6

airside infrastructure of such facilities, and cargo

7

buildings.

8(4) The projected square footage deficit of the9cargo facilities and infrastructure described in para-

10

graph (3).

1112(5) The projected requirements and square
footage deficit for air cargo support facilities.

13(6) The general physical and operating issues

14and constraints associated with air cargo operations.

15(7) A description of delays in truck bays associ-16

ated with the infrastructure and critical landside17

issues, including truck maneuvering and queuing18

and parking for employees and customers.

19(8) The estimated cost of developing new cargo

20

facilities and infrastructure, including the identifica-

21

tion of percentages for development with a return on

22

investment and without a return on investment.

23(9) The projected leasing costs to tenants per

24

square foot with and without Federal funding of the25

non-return on investment allocation.

MUR24306 DVY

S.L.C.

1034
1(10) A description of customs and general staff-

2

ing issues associated with air cargo operations and3

the impacts of such issues on service.

4(11) An assessment of the impact, cost, and es-

5timated cost savings of using modern comprehensive

6

communications and technology systems in air cargo

7

operations.

8(12) A description of the impact of Federal reg-

9

ulations and local enforcement of interdiction and

10

facilitation policies on throughput.

11(c) REPORT.—The Comptroller General shall submit

12 to the appropriate committees of Congress the results of
13 the study carried out under this section.
14
15

SEC. 1114. WING-IN-GROUND-EFFECT CRAFT.

(a) MEMORANDUM OF UNDERSTANDING.—

16(1) IN GENERAL.—Not later than 24 months

17

after the date of enactment of this Act, the Adminis-

18

trator and the Commandant of the Coast Guard

19

shall execute a memorandum of understanding gov-

20

erning the specific roles, authorities, delineations of21

responsibilities, resources, and commitments of the22

FAA and the Coast Guard, respectively, pertaining

23

to wing-in-ground-effect craft that are—24
25(A) only capable of operating either inwater or in ground effect over water; andMUR24306 DVY

S.L.C.

10351(B) operated exclusively over waters sub-2

ject to the jurisdiction of the United States.

3(2) CONTENTS.—The memorandum of under-

4

standing described in paragraph (1) shall—

5(A) cover, at a minimum, the processes of6

the FAA and the Coast Guard will follow to

7

promote communications, efficiency, and non-8

duplication of effort in carrying out such memo-

9

randum of understanding; and

10
11
12
13

(B) provide procedures for, at a minimum—(i) the approval of wing-in-ground-effect craft designs;

14(ii) the operation of wing-in-ground-

15

effect craft, including training and certifi-

16

cation of persons responsible for operating

17

such craft;1819(iii) pilotage of wing-in-ground-effectcraft;

20(iv) the inspection, including pre-deliv-

21

ery and service, of wing-in-ground-effect22

craft; and

23

(v)

24

the

maintenanceground-effect craft.

ofwing-in-MUR24306 DVY

S.L.C.

1036
1(b) STATUS BRIEFING.—Not later than 1 year after

2 the date of enactment of this Act, the Administrator and3 the Commandant shall brief the appropriate committees
4 of Congress on the status of the memorandum of under5 standing described in subsection (a) as well as provide any
6 recommendations for legislative action to improve efficacy
7 or efficiency of wing-in-ground-effect craft governance.
8(c) WING-IN-GROUND-EFFECT CRAFT DEFINED.—In

9 this section, the term ‘‘wing-in-ground-effect craft’’ means
10 a craft that is capable of operating completely above the
11 surface of the water on a dynamic air cushion created by
12 aerodynamic lift due to the ground effect between the craft
13 and the surface of the water.
14
15

SEC. 1115. CERTIFICATES OF AUTHORIZATION OR WAIVER.

(a) REQUIRED COORDINATION.—

16(1) IN GENERAL.—On an annual basis, the Ad-

17ministrator shall convene a meeting with representa-

18

tives of FAA-approved air shows, the general avia-

19tion community, stadiums and other large outdoor

20

events and venues or organizations that run such

21

events, the Department of Homeland Security, and22

the Department of Justice—

23(A) to identify scheduling conflicts between

24

FAA-approved air shows and large outdoor

25

events and venues where—MUR24306 DVY

S.L.C.

1037
1(i) flight restrictions will be imposed2

pursuant to section 521 of division F of3

the Consolidated Appropriations Act, 2004

4

(49 U.S.C. 40103 note); or5(ii) any other restriction will be im-6

posed pursuant to FAA Flight Data Cen-7

ter Notice to Airmen 4/3621 (or any suc-8

cessor notice to airmen); and

9(B) in instances where a scheduling con-10

flict between events is identified or is found to11

be likely to occur, develop appropriate oper-

12

ational and communication procedures to en-13

sure for the safety and security of both events.

14(2) SCHEDULING CONFLICT.—If the Adminis-

15

trator or any other stakeholder party to the required

16

annual coordination required in paragraph (1) iden-

17

tifies a scheduling conflict outside of the annual

18

meeting at any point prior to the scheduling conflict,19

the Administrator shall work with impacted stake-20

holders to develop appropriate operational and com-

21

munication procedures to ensure for the safety and22

security of both events.

23(b) OPERATIONAL PURPOSES.—Section 521(a)(2)(B)

24 of division F of the Consolidated Appropriations Act, 2004
25 (49 U.S.C. 40103 note) is amended—MUR24306 DVY

S.L.C.

1038(1) in clause (ii) by inserting ‘‘(or attendees ap-

1
2

proved by)’’ after ‘‘guests of’’;(2) in clause (iv) by striking ‘‘and’’ at the end;

3
4
5

and
(3) by adding at the end the following:

6‘‘(vi) to permit the safe operation of7

an aircraft that is operated by an airshow

8

performer in connection with an airshow,

9

provided such aircraft is not permitted to10

operate directly over the stadium (or adja-

11cent parking facilities) during the sporting

12

event; and’’.

TITLE XII—NATIONAL TRANS14PORTATION SAFETY BOARD

13

15
16

SEC. 1201. SHORT TITLE.

This title may be cited as the ‘‘National Transpor-

17 tation Safety Board Amendments Act of 2024’’.
18
19

SEC. 1202. AUTHORIZATION OF APPROPRIATIONS.

Section 1118(a) of title 49, United States Code, is

20 amended to read as follows:
21
22
23

‘‘(a) IN GENERAL.—‘‘(1) AUTHORIZATIONS.—There is authorized tobe appropriated for purposes of this chapter—

24‘‘(A) $140,000,000 for fiscal year 2024;

25‘‘(B) $145,000,000 for fiscal year 2025;

MUR24306 DVY

S.L.C.

1039
1‘‘(C) $148,000,000 for fiscal year 2026;

2‘‘(D) $151,000,000 for fiscal year 2027;3and‘‘(E) $154,000,000 for fiscal year 2028.

4
5

‘‘(2)

AVAILABILITY.—Amounts

authorized

6

under paragraph (1) shall remain available until ex-

7pended.’’.

89
10SEC. 1203. CLARIFICATION OF TREATMENT OF TERRITORIES.

Section 1101 of title 49, United States Code, is

11 amended to read as follows:
12 ‘‘§ 1101. Definitions
13‘‘(a) IN GENERAL.—In this chapter:

14‘‘(1) ACCIDENT.—The term ‘accident’ includes

15

damage to or destruction of vehicles in surface or air

16transportation or pipelines, regardless of whether the17

initiating event is accidental or otherwise.

18‘‘(2) STATE.—The term ‘State’ means a State19of the United States, the District of Columbia, Puer-

20

to Rico, the Virgin Islands, American Samoa, the21

Northern Mariana Islands, and Guam.

22‘‘(b) APPLICABILITY OF OTHER DEFINITIONS.—Sec-

23 tion 2101(23) of title 46 and section 40102(a) of this title
24 shall apply to this chapter.’’.

MUR24306 DVY

S.L.C.

1040
1
2

SEC. 1204. ADDITIONAL WORKFORCE TRAINING.

(a) TRAININGON

EMERGING TRANSPORTATION

3 TECHNOLOGIES.—Section 1113(b)(1) of title 49, United
4 States Code, is amended—(1) in subparagraph (I) by striking ‘‘; and’’ and5
6

inserting a semicolon;(2) in subparagraph (J) by striking the period78

and inserting ‘‘; and’’; and9(3) by adding at the end the following:

10‘‘(K) notwithstanding section 3301 of title 41,

11acquire training on emerging transportation tech-

12

nologies if such training—‘‘(i) is required for an ongoing investiga-

13tion; and14‘‘(ii) meets the criteria under section

153304(a)(7)(A) of title 41.’’.

16
17

(b)

ADDITIONAL

TRAINING

NEEDS.—Section

18 1115(d) of title 49, United States Code, is amended by
19 inserting ‘‘and in those subjects furthering the personnel
20 and workforce development needs set forth in the strategic
21 workforce plan of the Board as required under section
22 1113(h)’’ after ‘‘of accident investigation’’.
23
24

SEC. 1205. OVERTIME ANNUAL REPORT TERMINATION.

Section 1113(g)(5) of title 49, United States Code,25 is repealed.

MUR24306 DVY

S.L.C.

1041
1
2

SEC. 1206. STRATEGIC WORKFORCE PLAN.

Section 1113 of title 49, United States Code, is

3 amended by adding at the end the following:
4‘‘(h) STRATEGIC WORKFORCE PLAN.—

5‘‘(1) IN GENERAL.—The Board shall develop a6strategic workforce plan that addresses the imme-

7

diate and long-term workforce needs of the Board

8

with respect to carrying out the authorities and du-9ties of the Board under this chapter.

10‘‘(2) ALIGNING THE WORKFORCE TO STRATEGIC11

GOALS.—In developing the strategic workforce plan12

under paragraph (1), the Board shall take into con-13

sideration—

14‘‘(A) the current state and capabilities of15

the Board, including a high-level review of mis-

16

sion requirements, structure, workforce, and17

performance of the Board;

18‘‘(B) the significant workforce trends,

19

needs, issues, and challenges with respect to the20

Board and the transportation industry;

21‘‘(C) with respect to employees involved in

22transportation safety work, the needs, issues,23

and challenges, including accident severity and24

risk, posed by each mode of transportation, and25

how the Board’s staffing for each transpor-

26

tation mode reflects these aspects;

MUR24306 DVY

S.L.C.

1042
1‘‘(D) the workforce policies, strategies, per-2

formance measures, and interventions to miti-

3gate succession risks that guide the workforce

4

investment decisions of the Board;

5‘‘(E) a workforce planning strategy that6

identifies workforce needs, including the knowl-

7edge, skills, and abilities needed to recruit and8retain skilled employees at the Board;

9‘‘(F) a workforce management strategy

10

that is aligned with the mission of the Board,

11

including plans for continuity of leadership and12knowledge sharing;

13‘‘(G) an implementation system that ad-

14

dresses workforce competency gaps, particularly

15

in mission-critical occupations; and16‘‘(H) a system for analyzing and evalu-

17

ating the performance of the Board’s workforce

18

management policies, programs, and activities.

19‘‘(3) PLANNING PERIOD.—The strategic work-

20

force plan developed under paragraph (1) shall ad-

21

dress a 5-year forecast period, but may include plan-

22

ning for longer periods based on information about

23

emerging technologies or safety trends in transpor-

24

tation.

MUR24306 DVY

S.L.C.

1043
1‘‘(4) PLAN UPDATES.—The Board shall update2

the strategic workforce plan developed under para-

3graph (1) not less than once every 5 years.

4‘‘(5) RELATIONSHIP TO STRATEGIC PLAN.—The5

strategic workforce plan developed under paragraph

6(1) may be developed separately from, or incor-

7

porated into, the strategic plan required under sec-

8

tion 306 of title 5.

9‘‘(6) AVAILABILITY.—The strategic workforce

10

plan under paragraph (1) and the strategic plan re-11

quired under section 306 of title 5 shall be—

12‘‘(A) submitted to the Committee on

13

Transportation and Infrastructure of the House

14

of Representatives and the Committee on Com-15

merce, Science, and Transportation of the Sen-

16

ate; and‘‘(B) made available to the public on a

17

website of the Board.’’.

18
19
20

SEC. 1207. TRAVEL BUDGETS.

(a) IN GENERAL.—Section 1113 of title 49, United

21 States Code, is further amended by adding at the end the
22 following:
23‘‘(i) NON-ACCIDENT-RELATED TRAVEL BUDGET.—MUR24306 DVY

S.L.C.

1044
1‘‘(1) IN GENERAL.—The Board shall establish

2

annual fiscal year budgets for non-accident-related

3

travel expenditures for each Board member.

4‘‘(2) NOTIFICATION.—The Board shall notify

5

the Committee on Transportation and Infrastructure

6of the House of Representatives and the Committee

7

on Commerce, Science, and Transportation of the8

Senate of any non-accident-related travel budget

9

overrun for any Board member not later than 30

10days of such overrun becoming known to the11

Board.’’.

12(b) CONFORMING AMENDMENT.—Section 9 of the

13 National Transportation Safety Board Amendments Act
14 of 2000 (49 U.S.C. 1113 note) is repealed.
15
16

SEC. 1208. NONDISCLOSURE OF INTERVIEW RECORDINGS.

(a) IN GENERAL.—Section 1114(b) of title 49,

17 United States Code, is amended—18(1) in the subsection heading by striking

19‘‘TRADE SECRETS’’ and inserting ‘‘CERTAIN CON-

20

FIDENTIAL INFORMATION’’; and21(2) in paragraph (1)—22
23(A) by striking ‘‘The Board’’ and inserting‘‘IN GENERAL.—The Board’’; and24(B) by striking ‘‘information related to a25

trade secret referred to in section 1905 of title

MUR24306 DVY

S.L.C.

1045
118’’ and inserting ‘‘confidential information de-2

scribed in section 1905 of title 18, including

3

trade secrets,’’.

4(b) AVIATION ENFORCEMENT.—Section 1151 of title

5 49, United States Code, is amended by adding at the end
6 the following:
7‘‘(d) NOTIFICATION TO CONGRESS.—If the Board or

8 Attorney General carry out such civil actions described in
9 subsection (a) or (b) of this section against an airman em10 ployed at the time of the accident or incident by an air
11 carrier operating under part 121 of title 14, Code of Fed12 eral Regulations, the Board shall immediately notify the
13 Committee on Transportation and Infrastructure of the
14 House of Representatives and the Committee on Com15 merce, Science, and Transportation of the Senate of such
16 civil actions, including—
17
18
19
20
21
22
23
24

‘‘(1) the labor union representing the airman
involved, if applicable;‘‘(2) the air carrier at which the airman is employed;‘‘(3) the docket information of the incident or
accident in which the airman was involved;‘‘(4) the date of such civil actions taken by the
Board or Attorney General; andMUR24306 DVY

S.L.C.

1046
1‘‘(5) a description of why such civil actions were2

taken by the Board or Attorney General.

3‘‘(e) SUBSEQUENT NOTIFICATION TO CONGRESS.—

4 Not later than 15 days after the notification described in
5 subsection (d), the Board shall submit a report to or brief
6 the Committee on Transportation and Infrastructure of
7 the House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate describ9 ing the status of compliance with the civil actions taken.’’.
10

SEC. 1209. BOARD JUSTIFICATION OF CLOSED UNACCEPT-

1112ABLE RECOMMENDATIONS.

Section 1116(c) of title 49, United States Code, is

13 amended—
14(1) by redesignating paragraphs (3) through15(6) as paragraphs (4) through (7), respectively; and16(2) by inserting after paragraph (2) the fol-17

lowing:18‘‘(3) a list of each recommendation made by the19

Board to the Secretary of Transportation or the20

Commandant of the Coast Guard that was closed in

21

an unacceptable status in the preceding 12 months,

22

including—23
24‘‘(A) any explanation the Board received
from the Secretary or Commandant; andMUR24306 DVY

S.L.C.

1047
1‘‘(B) any explanation from the Board as to2

why the recommendation was closed in an unac-

3

ceptable status, including a discussion of why

4alternate means, if any, taken by the Secretary

5or Commandant to address the Board’s rec-6

ommendation were inadequate;’’.

78SEC. 1210. MISCELLANEOUS INVESTIGATIVE AUTHORITIES.

(a)

HIGHWAY

INVESTIGATIONS.—Section

9 1131(a)(1)(B) of title 49, United States Code, is amended
10 by striking ‘‘selects in cooperation with a State’’ and in11 serting ‘‘selects, concurrent with any State investigation,
12 in which case the Board and the relevant State agencies
13 shall coordinate to ensure both the Board and State agen14 cies have timely access to the information needed to con15 duct each such investigation, including any criminal and
16 enforcement activities conducted by the relevant State17 agency’’.
18(b) RAIL INVESTIGATIONS.—Section 1131(a)(1)(C)

19 of title 49, United States Code, is amended to read as
20 follows:
21
22
23
24
25

‘‘(C) a railroad—‘‘(i) accident in which there is a fatality or
substantial property damage, except—‘‘(I) a grade crossing accident or incident, unless selected by the Board; orMUR24306 DVY

S.L.C.

1048
1‘‘(II) an accident or incident involving

2

a trespasser, unless selected by the Board;

3

or

4

‘‘(ii) accident or incident that involves a5passenger train, except in any case in which

6

such accident or incident resulted in no fatali-

7ties or serious injuries to the passengers or

8crewmembers of such train, and—

9‘‘(I) was a grade crossing accident or

10

incident, unless selected by the Board; or11‘‘(II) such accident or incident in-

12

volved a trespasser, unless selected by the13

Board;’’.

14
15

SEC. 1211. PUBLIC AVAILABILITY OF ACCIDENT REPORTS.

Section 1131(e) of title 49, United States Code, is

16 amended by striking ‘‘public at reasonable cost.’’ and in17 serting the following: ‘‘public—
18‘‘(1) in electronic form at no cost in a publicly

19

accessible database on a website of the Board; and20‘‘(2) if the electronic form required in para-

21

graph (1) is not printable, in printed form upon a22reasonable request at a reasonable cost.’’.

MUR24306 DVY

S.L.C.

1049
1
2
3

SEC. 1212. ENSURING ACCOUNTABILITY FOR TIMELINESSOF REPORTS.

Section 1131 of title 49, United States Code, is

4 amended by adding at the end the following:
5‘‘(f) TIMELINESS OF REPORTS.—If any accident re-

6 port under subsection (e) is not completed within 2 years
7 from the date of the accident, the Board shall submit to
8 the Committee on Transportation and Infrastructure of
9 the House of Representatives and the Committee on Com10 merce, Science, and Transportation of the Senate a report
11 identifying such accident report and the reasons for which
12 such report has not been completed. The Board shall re13 port progress toward completion of the accident report to
14 each such Committees every 90 days thereafter, until such
15 time as the accident report is completed.’’.
16
17SEC. 1213. ENSURING ACCESS TO DATA.

Section 1134 of title 49, United States Code, is

18 amended by adding at the end the following:
19‘‘(g) RECORDERS AND DATA.—In investigating an

20 accident under this chapter, the Board may require from
21 a transportation operator or equipment manufacturer or
22 the vendors, suppliers, subsidiaries, or parent companies
23 of such manufacturer, or operator of a product or service
24 which is subject to an investigation by the Board—2526‘‘(1) any recorder or recorded information pertinent to the accident;MUR24306 DVY

S.L.C.

1050
1‘‘(2) without undue delay, information the2

Board determines necessary to enable the Board to3

read and interpret any recording device or recorded

4

information pertinent to the accident; and5‘‘(3) design specifications or data related to the6operation and performance of the equipment the7

Board determines necessary to enable the Board to8

perform independent physics-based simulations and9analyses of the accident situation.’’.

10
11
12

SEC.

1214.

PUBLICAVAILABILITYOF

SAFETYREC-

OMMENDATIONS.

Section 1135(c) of title 49, United States Code, is

13 amended by striking ‘‘public at reasonable cost.’’ and in14 serting the following: ‘‘public—
15‘‘(1) in electronic form at no cost in a publicly

16

accessible database on a website of the Board; and17‘‘(2) if the electronic form required in para-

18

graph (1) is not printable, in printed form upon a19reasonable request at a reasonable cost.’’.

20

SEC. 1215. IMPROVING DELIVERY OF FAMILY ASSISTANCE.

21(a) AIRCRAFT ACCIDENTS.—Section 1136 of title 49,

22 United States Code, is amended—23(1) in the heading by striking ‘‘to families of24

passengers

involvedinaircraft

acci-

25

dents’’ and inserting ‘‘to passengers involved

MUR24306 DVY

S.L.C.

1051
1

in aircraft accidents and families of such2

passengers’’;3(2) in subsection (a)—4(A) by inserting ‘‘within United States air-5

space or airspace delegated to the United

6

States’’ after ‘‘aircraft accident’’;

7(B) by striking ‘‘National Transportation

8

Safety Board shall’’ and inserting ‘‘Board

9

shall’’; and10(C) in paragraph (2)—11(i) by striking ‘‘emotional care and12support’’ and inserting ‘‘emotional care,13

psychological care, and family support

14

services’’; and15(ii) by striking ‘‘the families of pas-

16

sengers involved in the accident’’ and in-

17

serting ‘‘passengers involved in the acci-

18

dent and the families of such passengers’’;19(3) in subsection (c)—20(A) in the matter preceding paragraph (1),21

by striking ‘‘the families of passengers involved

22

in the accident’’ and inserting ‘‘passengers in-23

volved in the accident and the families of such

24

passengers’’;MUR24306 DVY

S.L.C.

1052
1(B) in paragraph (1) by striking ‘‘mental2

health and counseling services’’ and inserting

3‘‘emotional care, psychological care, and family

4

support services’’;(C) in paragraph (3)—56(i) by striking ‘‘the families who have

7

traveled to the location of the accident’’8

and inserting ‘‘passengers involved in the9

accident and the families of such pas-

10

sengers who have traveled to the location

11of the accident’’;(ii) by inserting ‘‘passengers and’’ be-12

fore ‘‘affected families’’; and13(iii) by striking ‘‘periodically’’ and in-

14
15

serting ‘‘regularly’’; and

16(D) in paragraph (4), by inserting ‘‘pas-

17

sengers and’’ before ‘‘families’’;18(4) by amending subsection (d) to read as fol-

19

lows:

20

‘‘(d) PASSENGER LISTS.—21
22‘‘(1) REQUESTS FOR PASSENGER LISTS BY THE
DIRECTOR OF FAMILY SERVICES.—

23‘‘(A) REQUESTS BY DIRECTOR OF FAMILY24

SUPPORT SERVICES.—It shall be the responsi-

25

bility of the director of family support services

MUR24306 DVY

S.L.C.

1053
1

designated for an accident under subsection

2(a)(1) to request, as soon as practicable, from3

the air carrier or foreign air carrier involved in4

the accident a passenger list, which is based on

5

the best available information at the time of the6request.

7‘‘(B) USE OF INFORMATION.—The director

8

of family support services may not release to9

any person information on a list obtained under10

subparagraph (A), except that the director may,11

to the extent the director considers appropriate,12

provide information on the list about a pas-

13

senger to—14‘‘(i) the family of the passenger; or15‘‘(ii) a local, Tribal, State, or Federal

16

agency responsible for determining the17

whereabouts or welfare of a passenger.

18‘‘(C) LIMITATION.—A local, Tribal, State,

19

or Federal agency may not release to any per-20

son any information obtained under subpara-

21

graph (B)(ii), except if given express authority

22

from the director of family support services.

23‘‘(D) RULE OF CONSTRUCTION.—Nothing24

in subparagraph (C) shall be construed to pre-25

clude a local, Tribal, State, or Federal agency

MUR24306 DVY

S.L.C.

1054
1

from releasing information that is lawfully ob-

2tained through other means independent of re-3

leases made by the director of family support

4

services under subparagraph (B).

5‘‘(2) REQUESTS FOR PASSENGER LISTS BY DES-

6
7

IGNATED ORGANIZATION.—‘‘(A) REQUESTS BY DESIGNATED ORGANI-8ZATION.—The

9

accident under subsection (a)(2) may request

10from the air carrier or foreign air carrier in-

11

volved in the accident a passenger list.

12‘‘(B) USE

organization designated for an

OF INFORMATION.—The

des-

13

ignated organization may not release to any

14

person information on a passenger list but may

15

provide information on the list about a pas-

16

senger to the family of the passenger to the ex-17tent the organization considers appropriate.’’;18(5) in subsection (g)(1) by striking ‘‘the fami-

19

lies of passengers involved in the accident’’ and in-20

serting ‘‘passengers involved in the accident and the21families of such passengers’’;22(6) in subsection (g)(3)—23(A) in the paragraph heading by striking

24‘‘PREVENT MENTAL HEALTH AND COUNSELING’’MUR24306 DVY

S.L.C.

1055
1

and inserting ‘‘PREVENT CERTAIN CARE AND

2

SUPPORT’’;

3(B) by striking ‘‘providing mental health4and counseling services’’ and inserting ‘‘pro-5

viding emotional care, psychological care, and6family support services’’; and(C) by inserting ‘‘passengers and’’ before

7
8‘‘families’’;9(7) in subsection (h)—(A) by striking ‘‘National Transportation

10
11

Safety’’; and

12(B) by adding at the end the following:

13‘‘(3) PASSENGER LIST.—The term ‘passenger

14

list’ means a list based on the best available infor-

15

mation at the time of a request, of the name of each16

passenger aboard the aircraft involved in the acci-

17

dent.’’; and

18(8) in subsection (i) by striking ‘‘the families of

19

passengers involved in an aircraft accident’’ and in-20

serting ‘‘passengers involved in the aircraft accident

21

and the families of such passengers’’.

22(b) CLERICAL AMENDMENT.—The analysis for chap-

23 ter 11 of title 49, United States Code, is further amended
24 by striking the item relating to section 1136 and inserting
25 the following:MUR24306 DVY

S.L.C.

1056‘‘1136. Assistance to passengers involved in aircraft accidents and families ofsuch passengers.’’.

1(c) RAIL ACCIDENTS.—Section 1139 of title 49,

2 United States Code, is amended—3(1) in the heading by striking ‘‘to families of4

passengers involved in rail passenger ac-

5cidents’’ and inserting ‘‘to passengers in-

6

volved in rail passenger accidents and7families of such passengers’’;8(2) in subsection (a) by striking ‘‘National

9

Transportation Safety Board shall’’ and inserting

10‘‘Board shall’’;11(3) in subsection (a)(2)—12(A) by striking ‘‘emotional care and sup-13

port’’ and inserting ‘‘emotional care, psycho-

14

logical care, and family support services’’; and15(B) by striking ‘‘the families of passengers

16

involved in the accident’’ and inserting ‘‘pas-

17

sengers involved in the accident and the fami-

18

lies of such passengers’’;19(4) in subsection (c)—20(A) in the matter preceding paragraph (1)21

by striking ‘‘the families of passengers involved

22

in the accident’’ and inserting ‘‘passengers in-23

volved in the accident and the families of such

24

passengers’’;MUR24306 DVY

S.L.C.

1057
1(B) in paragraph (1) by striking ‘‘mental2

health and counseling services’’ and inserting

3‘‘emotional care, psychological care, and family

4

support services’’;(C) in paragraph (3)—56(i) by striking ‘‘the families who have

7

traveled to the location of the accident’’8

and inserting ‘‘passengers involved in the9

accident and the families of such pas-

10

sengers who have traveled to the location

11of the accident’’; and(ii) by inserting ‘‘passengers and’’ be-12
13

fore ‘‘affected families’’; and

14(D) in paragraph (4) by inserting ‘‘pas-

15

sengers and’’ before ‘‘families’’;16(5) by amending subsection (d) to read as fol-

17

lows:

18

‘‘(d) PASSENGER LISTS.—

1920‘‘(1) REQUESTS FOR PASSENGER LISTS BY THE
DIRECTOR OF FAMILY SERVICES.—

21‘‘(A) REQUESTS BY DIRECTOR OF FAMILY22

SUPPORT SERVICES.—It shall be the responsi-

23

bility of the director of family support services

24

designated for an accident under subsection

25(a)(1) to request, as soon as practicable, from

MUR24306 DVY

S.L.C.

1058
1

the rail passenger carrier involved in the acci-

2

dent a passenger list, which is based on the best3

available information at the time of the request.

4‘‘(B) USE OF INFORMATION.—The director

5of family support services may not release to6

any person information on a list obtained under7

subparagraph (A), except that the director may,8

to the extent the director considers appropriate,9

provide information on the list about a pas-

10

senger to—11‘‘(i) the family of the passenger; or

12‘‘(ii) a local, Tribal, State, or Federal

13

agency responsible for determining the14

whereabouts or welfare of a passenger.

15‘‘(C) LIMITATION.—A local, Tribal, State,

16

or Federal agency may not release to any per-17

son any information obtained under subpara-

18

graph (B)(ii), except if given express authority

19

from the director of family support services.

20‘‘(D) RULE OF CONSTRUCTION.—Nothing

21

in subparagraph (C) shall be construed to pre-22

clude a local, Tribal, State, or Federal agency

23

from releasing information that is lawfully ob-

24tained through other means independent of re-MUR24306 DVY

S.L.C.

1059
1

leases made by the director of family support

2

services under subparagraph (B).

3‘‘(2) REQUESTS FOR PASSENGER LISTS BY DES-

45

IGNATED ORGANIZATION.—‘‘(A) REQUESTS BY DESIGNATED ORGANI-6ZATION.—The7

accident under subsection (a)(2) may request

8from the rail passenger carrier involved in the9

accident a passenger list.

10‘‘(B) USE

organization designated for an

OF INFORMATION.—The

des-

11

ignated organization may not release to any

12person information on a passenger list but may

13

provide information on the list about a pas-

14

senger to the family of the passenger to the ex-

15tent the organization considers appropriate.’’;16(6) in subsection (g)—17(A) in paragraph (1) by striking ‘‘the fam-

18

ilies of passengers involved in the accident’’ and19

inserting ‘‘passengers involved in the accident

20

and the families of such passengers’’; and2122(B) in paragraph (3)—(i) in the paragraph heading by strik-23

ing ‘‘PREVENT24

COUNSELING’’25

CERTAIN CARE AND SUPPORT’’;

MENTALHEALTHAND

and inserting ‘‘PREVENTMUR24306 DVY

S.L.C.

1060
1(ii) by striking ‘‘providing mental2

health and counseling services’’ and insert-3

ing ‘‘providing emotional care, psycho-

4logical care, and family support services’’;5and(iii) by inserting ‘‘passengers and’’ be-6

fore ‘‘families’’; and78(7) in subsection (h)—(A) by striking ‘‘National Transportation

9
10

Safety’’; and11(B) by adding at the end the following:

12‘‘(4) PASSENGER LIST.—The term ‘passenger

13

list’ means a list based on the best available infor-

14

mation at the time of the request, of the name of15

each passenger aboard the rail passenger carrier’s

16

train involved in the accident. A rail passenger car-17

rier shall use reasonable efforts, with respect to its

18

unreserved trains, and passengers not holding res-19

ervations on its other trains, to ascertain the names

20of passengers aboard a train involved in an acci-

21

dent.’’.

22(d) PLANS TO ADDRESS NEEDS OF FAMILIES OF

23 PASSENGERS INVOLVED
24

DENTS.—Section

IN

RAIL PASSENGER ACCI-24316(a) of title 49, United States

MUR24306 DVY

S.L.C.

1061
1 Code, is amended by striking ‘‘a major’’ and inserting2 ‘‘any’’.
3(e) INFORMATION FOR FAMILIES OF INDIVIDUALS

4 INVOLVED IN ACCIDENTS.—Section 1140 of title 49,
5 United States Code, is amended—
6(1) in the heading by striking ‘‘for families

7of individuals involved in accidents’’ and8

inserting ‘‘individuals involved in accidents

9and families of such individuals’’; and

10(2) by striking ‘‘the families of individuals in-

11

volved in the accident’’ and inserting ‘‘individuals in-

12

volved in accidents and the families of such individ-

13

uals’’.

14(f) CLERICAL AMENDMENT.—The analysis for chap-

15 ter 11 of title 49, United States Code, is further amended
16 by striking the item relating to section 1139 and inserting
17 the following:‘‘1139. Assistance to passengers involved in rail passenger accidents and familiesof such passengers.’’.

18
19

SEC. 1216. UPDATING CIVIL PENALTY AUTHORITY.

(a) IN GENERAL.—Section 1155 of title 49, United

20 States Code, is amended—2122(1) in the heading by striking ‘‘Aviation
penalties’’ and inserting ‘‘Penalties’’; andMUR24306 DVY

S.L.C.

1062
1(2) in subsection (a), by striking ‘‘or section

21136(g) (related to an aircraft accident)’’ and in-3

serting ‘‘section 1136(g), or section 1139(g)’’.

4(b) CLERICAL AMENDMENT.—The analysis for chap-

5 ter 11 of title 49, United States Code, is amended by
6 striking the item relating to section 1155 and inserting
7 the following:‘‘1155. Penalties.’’.

89
10SEC. 1217. ELECTRONIC AVAILABILITY OF PUBLIC DOCKET
RECORDS.

(a) IN GENERAL.—Not later than 24 months after

11 the date of enactment of this Act, the National Transpor12 tation Safety Board shall make all records included in the
13 public docket of an accident or incident investigation con14 ducted by the Board (or the public docket of a study, re15 port, or other product issued by the Board) electronically
16 available in a publicly accessible database on a website of
17 the Board, regardless of the date on which such public
18 docket or record was created.
19(b) DATABASE.—In carrying out subsection (a), the20 Board may utilize the multimodal accident database man21 agement system established pursuant to section 1108 of
22 the FAA Reauthorization Act of 2018 (49 U.S.C. 1119
23 note) or such other publicly available database as the
24 Board determines appropriate.

MUR24306 DVY

S.L.C.

1063
1(c) BRIEFINGS.—The Board shall provide the appro-

2 priate committees of Congress an annual briefing on the3 implementation of this section until requirements of sub4 section (a) are fulfilled. Such briefings shall include—
5(1) the number of public dockets that have been

6

made electronically available pursuant to this sec-

7tion; and8(2) the number of public dockets that were un-

9able to be made electronically available, including all

10

reasons for such inability.

11(d) DEFINITIONS.—In this section, the terms ‘‘public

12 docket’’ and ‘‘record’’ have the same meanings given such
13 terms in section 801.3 of title 49, Code of Federal Regula14 tions, as in effect on the date of enactment of this Act.
15
16

SEC. 1218. DRUG-FREE WORKPLACE.

Not later than 12 months after the date of enactment

17 of this Act, the National Transportation Safety Board
18 shall implement a drug testing program applicable to
19 Board employees, including employees in safety or security
20 sensitive positions, in accordance with Executive Order
21 No. 12564 (51 Fed. Reg. 32889).
22
23

SEC. 1219. ACCESSIBILITY IN WORKPLACE.

(a) IN GENERAL.—Not later than 12 months after

24 the date of enactment of this Act, the National Transpor25 tation Safety Board shall conduct an assessment of theMUR24306 DVY

S.L.C.

1064
1 headquarters and regional offices of the Board to deter2 mine barriers to accessibility to facilities.
3(b) CONTENTS.—In conducting the assessment under

4 subsection (a), the Board shall consider compliance with—
5(1) the Architectural Barriers Act of 1968 (426

U.S.C. 4151 et seq.) and the corresponding accessi-

7bility guidelines established under part 1191 of title

836, Code of Federal Regulations; and

9
10
11
12

(2) the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
SEC. 1220. MOST WANTED LIST.

(a) REPORTING REQUIREMENTS.—Section 1135 of

13 title 49, United States Code, is amended by striking sub14 section (e).
15(b) REPORT ON MOST WANTED LIST METHOD-

16

OLOGY.—Section 1106 of the FAA Reauthorization Act

17 of 2018 (Public Law 115–254) and the item relating to18 such section in the table of contents under section 1(b)19 of such Act are repealed.
20

SEC. 1221. TECHNICAL CORRECTIONS.

21(a) EVALUATION AND AUDIT OF NATIONAL TRANS-

22

PORTATION SAFETY BOARD.—Section 1138(a) of title 49,

23 United States Code, is amended by striking ‘‘expenditures
24 of the National Transportation Safety’’ and inserting ‘‘ex25 penditures of the’’.

MUR24306 DVY

S.L.C.

10651(b) ORGANIZATIONANDADMINISTRATIVE.—The

2 analysis for chapter 11 of title 49, United States Code,3 is further amended—
456
7(1) by striking the items relating to sections
117 and 1117; and(2) by inserting after the item relating to section 1116 the following:‘‘1117. Methodology.’’.

8(c) SURFACE TRANSPORTATION BOARD.—The anal-

9 ysis for subtitle II of title 49, United States Code, is
10 amended by inserting after the item relating to chapter
11 11 the following:‘‘13. Surface Transportation Board ......................................................... 1301’’.

12

SEC. 1222. AIR SAFETY INVESTIGATORS.

13(a) REMOVAL OF FAA MEDICAL CERTIFICATE RE-

14

QUIREMENT.—Not later than 60 days after the date of

15 enactment of this Act, the Director of the Office of Per16 sonnel Management, in consultation with the Adminis17 trator and the Chairman of the National Transportation
18 Safety Board, shall take such actions as may be necessary
19 to revise the eligibility requirements for the Air Safety In20 vestigating Series 1815 occupational series (and any simi21 lar occupational series relating to transportation accident
22 investigating) to remove any requirement that an indi23 vidual hold a current medical certificate issued by the Ad24 ministrator.

MUR24306 DVY

S.L.C.

10661(b) UPDATES TO OTHER REQUIREMENTS.—

2(1) IN GENERAL.—Not later than 2 years after3

the date of enactment of this Act, the Director, in

4

coordination with the Administrator and Chairman,

5

shall take such actions as may be necessary to up-

6date and revise experiential, educational, and other7

eligibility requirements for the Air Safety Inves-

8

tigating Series 1815 occupational series (and any

9similar occupational series relating to transportation10

accident investigating).

11(2) CONSIDERATIONS.—In updating the re-12quirements under paragraph (1), the Director shall13

consider—14(A) the direct relationship between any re-15

quirement and the duties expected to be per-16

formed by the position;

17(B) changes in the skills and tools nec-

18

essary to perform transportation accident inves-

19

tigations; and20(C) such other considerations as the Direc-

21

tor, Administrator, or Chairman determines ap-

22

propriate.

MUR24306 DVY

S.L.C.

1067
1
2
3

SEC. 1223. REVIEW OF NATIONAL TRANSPORTATION SAFETY BOARD PROCUREMENTS.

Not later than 18 months after the date of enactment

4 of this Act, the Comptroller General shall, pursuant to sec5 tion 1138 of title 49, United States Code, submit to the
6 appropriate committees of Congress a report regarding the
7 procurement and contracting planning, practices, and poli8 cies of the National Transportation Safety Board, includ9 ing such planning, practices, and policies regarding sole10 source contracts.

12

TITLE XIII—REVENUEPROVISIONS

13

SEC. 1301. EXPENDITURE AUTHORITY FROM AIRPORT AND

11

14
15

AIRWAY TRUST FUND.

(a) IN GENERAL.—Section 9502(d)(1) of the Inter-16 nal Revenue Code of 1986 is amended—17(1) in the matter preceding subparagraph (A)18

by striking ‘‘May 11, 2024’’ and inserting ‘‘October19

1, 2028’’; and20(2) in subparagraph (A) by striking the semi-

21

colon at the end and inserting ‘‘or the FAA Reau-

22

thorization Act of 2024;’’.

23(b) CONFORMING AMENDMENT.—Section 9502(e)(2)24 of such Code is amended by striking ‘‘May 11, 2024’’ and
25 inserting ‘‘October 1, 2028’’.

MUR24306 DVY

S.L.C.

1068
1

SEC. 1302. EXTENSION OF TAXES FUNDING AIRPORT AND

2
3

AIRWAY TRUST FUND.

(a) FUEL TAXES.—Section 4081(d)(2)(B) of the In-

4 ternal Revenue Code of 1986 is amended by striking ‘‘May
5 10, 2024’’ and inserting ‘‘September 30, 2028’’.
6(b) TICKET TAXES.—

7(1) PERSONS.—Section 4261(k)(1)(A)(ii) of the

8Internal Revenue Code of 1986 is amended by strik-

9ing ‘‘May 10, 2024’’ and inserting ‘‘September 30,

102028’’.

11(2) PROPERTY.—Section 4271(d)(1)(A)(ii) of

12

the Internal Revenue Code of 1986 is amended by13

striking ‘‘May 10, 2024’’ and inserting ‘‘September

1430, 2028’’.

15(c) FRACTIONAL OWNERSHIP PROGRAMS.—

16(1) FUEL TAX.—Section 4043(d) of the Inter-17

nal Revenue Code of 1986 is amended by striking

18‘‘May 10, 2024’’ and inserting ‘‘September 30,

192028’’.

20(2) TREATMENTASNONCOMMERCIAL

AVIA-

21

TION.—Section

4083(b) of the Internal Revenue

22

Code of 1986 is amended by striking ‘‘May 11,

232024’’ and inserting ‘‘October 1, 2028’’.

24(3) EXEMPTION FROM TICKET TAX.—Section

254261(j) of the Internal Revenue Code of 1986 isMUR24306 DVY

S.L.C.

1069
1

amended by striking ‘‘May 10, 2024’’ and inserting2‘‘September 30, 2028’’.