651 
Federal Regulations (as in effect on date of enactment 
of this Act). 
(3) WHEELCHAIR.—The term ‘‘wheelchair’’ has 
the meaning given such term in section 37.3 of title 
49, Code of Federal Regulations (as in effect on date 
of enactment of this Act), including power wheel-
chairs, manual wheelchairs, and scooters. 
SEC. 713. PRIORITIZING ACCOUNTABILITY AND ACCESSI-
BILITY FOR AVIATION CONSUMERS. 
(a) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
Secretary of Transportation shall provide to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on disability-related 
aviation consumer complaints filed with the Department of 
Transportation, and shall make each annual report pub-
licly available. 
(b) SCOPE
OF REPORT.—In each report required 
under subsection (a), the Secretary shall include, at min-
imum, a description of the following: 
(1) The number of disability-related aviation 
consumer complaints filed with the Department of 
Transportation during the calendar year preceding 
the year in which such report is submitted. 
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(2) The nature of such complaints, such as re-
ported issues with— 
(A) an air carrier; 
(B) mishandling of passengers with a dis-
ability, including mishandling of a wheelchair, 
mobility aid, or other accessibility equipment of 
a passenger by an air carrier; 
(C) the condition or availability of accessi-
bility equipment or materials operated by an air 
carrier; 
(D) the accessibility of in-flight services, in-
cluding accessing and utilizing onboard lava-
tories, for passengers with a disability; 
(E) difficulties experienced by passengers 
with a disability in communicating with an air 
carrier employee; 
(F) difficulties experienced by passengers 
with a disability in being moved, handled, or 
otherwise assisted; 
(G) an air carrier changing the flight 
itinerary of a passenger with a disability with-
out the consent of such passenger; 
(H) difficulties experienced by passengers 
with a disability traveling with a service ani-
mal; and 
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(I) any other issues the Secretary of Trans-
portation determines appropriate. 
(3) The review process for such complaints. 
(4) The average amount of days before the De-
partment initiated a formal review of such com-
plaints. 
(5) The average amount of days until such com-
plaints were resolved by the Department. 
(6) The number of such complaints that resulted 
in dismissal, a civil monetary penalty, or other in-
junctive relief. 
(7) Of the complaints that were found to violate 
section 41705 of title 49, United States Code— 
(A) the number of such complaints for 
which a formal enforcement order was issued; 
and 
(B) the number of such complaints for 
which a formal enforcement order was not 
issued. 
(8) The number of disability-related aviation 
consumer complaints filed with the Department of 
Transportation involving airport staff or other mat-
ters under the jurisdiction of the Federal Aviation 
Administration that were referred to the Federal 
Aviation Administration. 
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(9) The number of disability-related aviation 
consumer complaints filed with the Department of 
Transportation involving Transportation Security 
Administration staff that were referred to the Trans-
portation Security Administration or the Department 
of Homeland Security. 
(c) REPORT TO CONGRESS.—The Secretary shall sub-
mit annually to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate the report required under subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) IN GENERAL.—Except as otherwise provided, 
the terms used in this section have the meanings given 
such terms in section 40102 of title 49, United States 
Code, or section 382.3 of title 14, Code of Federal 
Regulations, as applicable. 
(2) AIR
CARRIER.—The term ‘‘air carrier’’ 
means an air carrier conducting passenger operations 
under part 121 of title 14, Code of Federal Regula-
tions. 
(3) PASSENGER WITH A DISABILITY.—The term 
‘‘passenger with a disability’’ has the meaning given 
the term ‘‘qualified individual with a disability’’ in 
section 382.3 of title 14, Code of Federal Regulations. 
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SEC. 714. AIRCRAFT ACCESSIBILITY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall initiate a program to study and evaluate im-
provements to transport category aircraft accessibility, in-
cluding— 
(1) determining whether and, if so, how personal 
wheelchairs, including manual and powered wheel-
chairs, can be safely secured in the passenger seating 
areas of an aircraft certificated under part 25 of title 
14, Code of Federal Regulations; 
(2) considering the safe evacuation processes for 
such aircraft, including individuals who use manual 
and powered wheelchairs; and 
(3) determining how various types or aircraft 
described in paragraph (1) can safely and efficiently 
be retrofit for accessible lavatories. 
(b) REPORT AND RECOMMENDATIONS.—Not later than 
2 years after the date of enactment of this Act, the Secretary 
shall provide to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the findings of the study and evaluation 
described in subsection (a) and recommendations to address 
the findings of such study and evaluation. 
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SEC. 715. ACCESSIBILITY OF WEBSITES, SOFTWARE APPLI-
CATIONS, AND KIOSKS FOR INDIVIDUALS 
WITH DISABILITIES. 
Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall, in direct 
consultation with the United States Architectural and 
Transportation Barriers Compliance Board, prescribe regu-
lations setting forth minimum standards to ensure that in-
dividuals with disabilities are able to access kiosks, software 
applications, and websites in a manner that is equally as 
effective as individuals without disabilities, with a substan-
tially equivalent ease of use. Such standards shall be con-
sistent with the standards set forth in the Web Content Ac-
cessibility Guidelines 2.1 Level AA of the Web Accessibility 
Initiative of the World Wide Web Consortium or any subse-
quent version. 
SEC. 716. REVIEW OF METHODS TO REPORT FLIGHT DELAY 
AND CANCELLATION STATISTICS. 
(a) IN GENERAL.—No later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation, 
in consultation with the Administrator of the Federal Avia-
tion Administration, shall conduct a review of the means 
of reporting flight delay and cancellation statistics to the 
Secretary and the accuracy of such data. 
(b) COORDINATION REQUIREMENT.—In conducting the 
review required in paragraph (1), the Secretary shall co-
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ordinate and collaborate with air carriers (as such term 
is defined in section 40102 of title 49, United States Code) 
to assist in conducting the review and providing rec-
ommendations on improving the means of reporting flight 
delay and cancellation statistics to the Secretary and the 
accuracy of such data. 
SEC. 717. REIMBURSEMENT FOR INCURRED COSTS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall direct all air carriers providing scheduled passenger 
interstate or intrastate air transportation to establish poli-
cies regarding reimbursement for lodging, transportation 
between such lodging and the airport, and meal costs in-
curred due to a flight cancellation or significant delay di-
rectly attributable to the air carrier. 
(b) DEFINITION OF SIGNIFICANTLY DELAYED.—In this 
section, the term ‘‘significantly delayed’’ means, with re-
spect to air transportation, the departure or arrival at the 
originally ticketed destination associated with such trans-
portation has changed— 
(1) in the case of air transportation within the 
United States, by 3 or more hours; or 
(2) in the case of air transportation to or from 
a location outside the United States, by 6 or more 
hours. 
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SEC. 718. AIRLINE OPERATIONAL RESILIENCY PLANS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall require a covered carrier to develop and regularly up-
date an operational resiliency strategy to prevent or limit 
the impact of future flight disruptions on passengers. 
(b) OPERATIONAL RESILIENCY STRATEGY.—In each 
operational resiliency strategy developed under subsection 
(a), a covered carrier shall include a description of— 
(1) the potential impact of severe weather and 
other reasonably anticipated disruptive events on the 
operations of the carrier and how the carrier seeks to 
prevent or limit the impact of such events on pas-
sengers; 
(2) the potential impact of severe weather events 
and other reasonably anticipated disruptive events 
on— 
(A) staffing models and the preparedness of 
the current workforce of the carrier to address 
such conditions; and 
(B) the current information and technology 
systems of the carrier, including crew scheduling 
systems, and the preparedness of such systems to 
continue operations after such an event or dis-
ruption; 
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(3) the preparedness of the carrier to maintain 
operations and limit or prevent the impact of other 
potential disruptive events identified by the carrier; 
(4) the extent to which the carrier addresses 
known cybersecurity risks to prevent potential flight 
disruptions; and 
(5) any other issues the Secretary determines ap-
propriate to protect consumers and maintain the 
operational stability of the airline industry. 
(c) PROPRIETARY INFORMATION.—The Secretary shall 
develop a method to protect the confidentiality of any trade 
secret or proprietary information submitted in an oper-
ational resiliency strategy under subsection (b). 
(d) EVALUATION.— 
(1) AUDIT.—Not later than 3 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall initiate an audit to evalu-
ate the effectiveness of the operational resiliency strat-
egies developed under this section by covered air car-
riers. 
(2) REPORT.—Not later than 1 year after com-
pletion of the audit conducted under paragraph (1), 
the Comptroller General shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
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merce, Science, and Transportation of the Senate a 
report on the findings of the audit. 
(e) COVERED CARRIER.—In this section, the term 
‘‘covered carrier’’ has the meaning given such term in sec-
tion 259.3 of title 14, Code of Federal Regulations (or suc-
cessor regulations). 
SEC. 719. FAMILY SEATING. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue a notice of proposed rulemaking to estab-
lish a policy directing air carriers that assign seats, or 
allow individuals to select seats in advance of the date of 
departure of a flight, to sit each young child adjacent to 
an accompanying adult, to the greatest extent practicable, 
if adjacent seat assignments are available at any time after 
the ticket is issued for each young child and before the first 
passenger boards the flight. 
(b) PROHIBITION ON FEES.—The notice of proposed 
rulemaking described in subsection (a) shall include a pro-
vision that prohibits an air carrier from charging a fee, 
or imposing an additional cost beyond the ticket price of 
the additional seat, to seat each young child adjacent to 
an accompanying adult within the same class of service. 
(c) RULE OF CONSTRUCTION.—Notwithstanding the 
requirement in subsection (a), nothing in this section may 
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be construed to allow the Secretary to impose a change in 
the overall seating or boarding policy of an air carrier that 
has an open or flexible seating policy in place that generally 
allows adjacent family seating as described under this sec-
tion. 
(d) YOUNG CHILD.—In this section, the term ‘‘young 
child’’ means an individual who has not attained 14 years 
of age. 
SEC. 720. SEAT DIMENSIONS. 
Not later than 60 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Admin-
istration shall— 
(1) initiate a rulemaking activity based on the 
regulation described in section 577 of the FAA Reau-
thorization Act of 2018 (49 U.S.C. 42301 note); and 
(2) if the Administrator decides not to pursue 
the rulemaking described in paragraph (1), the Ad-
ministrator shall brief the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate on the justification of 
such decision. 
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SEC. 721. IMPROVED TRAINING STANDARDS FOR ASSISTING 
PASSENGERS WHO USE WHEELCHAIRS. 
(a) RULEMAKING.—Not later than 6 months after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue a notice of proposed rulemaking to develop 
requirements for minimum training standards for airline 
personnel or contractors who assist wheelchair users who 
must board or deplane using an aisle chair or other board-
ing device. 
(b) REQUIREMENTS.—The training standards devel-
oped under subsection (a) shall require, at a minimum, that 
airline personnel or contractors who assist passengers who 
use wheelchairs who must board or deplane using an aisle 
chair or other boarding device— 
(1) complete refresher training within 18 months 
and be recertified on the job within 18 months by a 
superior in order to remain qualified for providing 
aisle chair assistance; and 
(2) be able to successfully demonstrate each of 
following skills in hands-on training sessions before 
being allowed to board or deplane a passenger using 
an aisle chair or other boarding device: 
(A) How to safely use the aisle chair, or 
other boarding device, including the use of all 
straps, brakes, and other safety features. 
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(B) How to assist in the transfer of pas-
sengers to and from their wheelchair, the aisle 
chair, and the aircraft’s passenger seat, either by 
physically lifting the passenger or deploying a 
mechanical device for the lift or transfer. 
(C) How to effectively communicate with, 
and take instruction from, the passenger. 
(c) CONSIDERATIONS.—In conducting the rulemaking 
under subsection (a), the Secretary shall consider, at a min-
imum— 
(1) whether to require air carriers and foreign 
air carriers to partner with national disability orga-
nizations and disabled veterans organizations rep-
resenting individuals with disabilities who use wheel-
chairs and scooters in developing and reviewing 
training; and 
(2) whether individuals able to provide boarding 
and deplaning assistance for passengers with limited 
or no mobility should receive training incorporating 
procedures from medical professionals on how to 
properly lift these passengers. 
(d) FINAL RULE.—Not later than 12 months after the 
date of enactment of this Act, the Secretary shall issue a 
final rule pursuant to the rulemaking conducted under this 
section. 
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(e) PENALTIES.—The Secretary may assess a civil 
penalty in accordance with section 46301 of title 49, United 
States Code, to any air carrier or foreign air carrier who 
fails to meet the requirements established under the final 
rule under subsection (d). 
SEC. 722. TRAINING STANDARDS FOR STOWAGE OF WHEEL-
CHAIRS AND SCOOTERS. 
(a) RULEMAKING.—Not later than 6 months after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue a notice of proposed rulemaking to develop 
minimum training standards related to stowage of wheel-
chairs and scooters used by passengers with disabilities on 
aircraft. 
(b) REQUIREMENTS.—The training standards devel-
oped under subsection (a) shall require, at a minimum, that 
personnel and contractors of air carriers and foreign air 
carriers who stow wheelchairs and scooters on aircraft— 
(1) complete refresher training within 18 months 
and be recertified on the job within 18 months by a 
superior in order to remain qualified for handling 
and stowing wheelchairs and scooters; and 
(2) be able to successfully demonstrate the each 
of following skills in hands-on training sessions before 
being allowed to handle or stow a wheelchair or scoot-
er: 
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(A) How to properly handle and configure, 
at a minimum on a common design for power 
and manual wheelchairs and scooters for stowage 
on each aircraft type operated by the air carrier 
or foreign air carrier. 
(B) How to properly review any wheelchair 
or scooter information provided by the passenger 
or the wheelchair or scooter manufacturer. 
(C) How to properly load, secure, and un-
load wheelchairs and scooters, including how to 
use any specialized equipment for loading or un-
loading, on each aircraft type operated by the 
air carrier or foreign air carrier. 
(c) CONSIDERATIONS.—In conducting the rulemaking 
under subsection (a), the Secretary shall consider, at a min-
imum whether to require air carriers and foreign air car-
riers to partner with wheelchair or scooter manufacturers, 
national disability and disabled veterans organizations rep-
resenting individuals who use wheelchairs and scooters, and 
aircraft manufacturers, in developing training. 
(d) FINAL RULE.—Not later than 12 months after the 
date of enactment of this Act, the Secretary shall issue a 
final rule pursuant to the rulemaking conducted under this 
section. 
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(e) PENALTIES.—The Secretary may assess a civil 
penalty in accordance with section 46301 of title 49, United 
States Code, to any air carrier or foreign air carrier who 
fails to meet the requirements established under the final 
rule under subsection (d). 
SEC. 723. INVESTIGATION OF COMPLAINTS. 
Section 41705(c) of title 49, United States Code, is 
amended by striking paragraph (1), and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) not later than 120 days after the re-
ceipt of any complaint of a violation of this sec-
tion or a regulation prescribed under this sec-
tion, investigate such complaint; and 
‘‘(B) provide, in writing, to the individual 
that filed the complaint and the air carrier or 
foreign air carrier alleged to have violated this 
section or a regulation prescribed under this sec-
tion, the determination of the Secretary with re-
spect to— 
‘‘(i) whether the air carrier or foreign 
air carrier violated this section or a regula-
tion prescribed under this section; 
‘‘(ii) the facts underlying the com-
plaint; and 
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‘‘(iii) any action the Secretary is tak-
ing in response to the complaint.’’. 
SEC. 724. STANDARDS. 
(a) AIRCRAFT ACCESS STANDARDS.— 
(1) STANDARDS.— 
(A) ADVANCE NOTICE OF PROPOSED RULE-
MAKING.—Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transpor-
tation shall issue an advanced notice of proposed 
rulemaking regarding standards to ensure that 
the aircraft boarding and deplaning process is 
accessible, in terms of design for, transportation 
of, and communication with, individuals with 
disabilities, including individuals who use wheel-
chairs. 
(B) NOTICE OF PROPOSED RULEMAKING.— 
Not later than 1 year after the date on which the 
advanced notice of proposed rulemaking under 
subparagraph (A) is completed, the Secretary 
shall issue a notice of proposed rulemaking re-
garding standards addressed in subparagraph 
(A). 
(C) FINAL RULE.—Not later than 1 year 
after the date on which the notice of proposed 
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rulemaking under subparagraph (B) is com-
pleted, the Secretary shall issue a final rule. 
(2) COVERED AIRPORT, EQUIPMENT, AND FEA-
TURES.—The standards prescribed under paragraph 
(1)(A) shall address, at a minimum— 
(A) boarding and deplaning equipment; 
(B) improved procedures to ensure the pri-
ority cabin stowage for manual assistive devices 
pursuant to section 382.67 of title 14, Code of 
Federal Regulations; and 
(C) improved cargo hold storage to prevent 
damage to assistive devices. 
(3) CONSULTATION.—For purposes of the rule-
making under this subsection, the Secretary shall con-
sult with the Access Board and any other relevant de-
partment or agency to determine appropriate accessi-
bility standards. 
(b) IN-FLIGHT ENTERTAINMENT RULEMAKING.—Not 
later than 1 year after the date of the enactment of this 
Act, the Secretary shall issue a notice of proposed rule-
making in accordance with the November 22, 2016, resolu-
tion of the Department of Transportation ACCESS Com-
mittee and the consensus recommendation set forth in the 
Term Sheet Reflecting Agreement of the Access Committee 
Regarding In-Flight Entertainment. 
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(c) NEGOTIATED RULEMAKING ON IN-CABIN WHEEL-
CHAIR
RESTRAINT
SYSTEMS
AND
ENPLANING
AND 
DEPLANING STANDARDS.— 
(1) TIMING.— 
(A) IN GENERAL.—Not later than 1 year 
after completion of the report required by section 
712(d)(3), and if such report finds economic and 
financial feasibility of air carriers and foreign 
air carriers implementing seating arrangements 
that accommodate individuals with disabilities 
using wheelchairs (including power wheelchairs, 
manual wheelchairs, and scooters) in the main 
cabin during flight, the Secretary shall conduct 
a negotiated rulemaking on new type certificated 
aircraft standards for seating arrangements that 
accommodate such individuals in the main cabin 
during flight or an accessible route to a min-
imum of 2 aircraft passenger seats for passengers 
to access from personal assistive devices of such 
individuals. 
(B) REQUIREMENT.—The negotiated rule-
making under subparagraph (A) shall include 
participation of representatives of— 
(i) air carriers; 
(ii) aircraft manufacturers; 
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(iii) national disability organizations; 
(iv) aviation safety experts; and 
(v) mobility aid manufacturers. 
(2) NOTICE
OF
PROPOSED
RULEMAKING.—Not 
later than 1 year after the completion of the nego-
tiated rulemaking required under paragraph (1), the 
Secretary shall issue a notice of proposed rulemaking 
regarding the standards described in paragraph (1). 
(3) FINAL RULE.—Not later than 1 year after 
the date on which the notice of proposed rulemaking 
under paragraph (2) is completed, the Secretary shall 
issue a final rule regarding the standards described in 
paragraph (1). 
(4) CONSIDERATIONS.—In the negotiated rule-
making and rulemaking required under this sub-
section, the Secretary shall consider— 
(A) a reasonable period for the design, cer-
tification, and construction of aircraft that meet 
the requirements; 
(B) the safety of all persons on-board the 
aircraft, including necessary wheelchair stand-
ards and wheelchair compliance with Federal 
Aviation Administration crashworthiness and 
safety performance criteria; and 
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(C) the costs of design, installation, equi-
page, and aircraft capacity impacts, including 
partial fleet equipage and fare impacts. 
(d) VISUAL AND TACTILELY ACCESSIBLE ANNOUNCE-
MENTS.—The Advisory Committee established under section 
439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 
41705 note) shall examine technical solutions and the feasi-
bility of visually and tactilely accessible announcements on- 
board aircraft. 
(e) AIRPORT FACILITIES.—Not later than 2 years after 
the date of enactment of this Act, the Secretary shall, in 
direct consultation with the Access Board, prescribe regula-
tions setting forth minimum standards under section 41705 
of title 49, United States Code, that ensure all gates (includ-
ing counters), ticketing areas, and customer service desks 
covered under such section at airports are accessible to and 
usable by all individuals with disabilities, including 
through the provision of visually and tactilely accessible an-
nouncements and full and equal access to aural communica-
tions. 
(f) DEFINITIONS.—In this section: 
(1) ACCESS BOARD.—The term ‘‘Access board’’ 
means the Architectural and Transportation Barriers 
Compliance Board. 
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(2) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning given such term in section 40102 of title 
49, United States Code. 
(3) INDIVIDUAL WITH A DISABILITY.—The term 
‘‘individual with a disability’’ has the meaning given 
such term in section 382.3 of title 14, Code of Federal 
Regulations. 
(4) FOREIGN AIR CARRIER.—The term ‘‘foreign 
air carrier’’ has the meaning given such term in sec-
tion 40102 of title 49, United States Code. 
Subtitle B—Air Traffic 
SEC. 741. TRANSFERS OF AIR TRAFFIC SYSTEMS ACQUIRED 
WITH AIP. 
Section 44502(e) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by inserting ‘‘in a non-
contiguous State’’ after ‘‘An airport’’; 
(2) in paragraph (3)— 
(A) in subparagraph (B) by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (C) by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(D) a Medium Intensity Approach Light-
ing System with Runway Alignment Indicator 
Lights.’’; and 
(3) by adding at the end the following: 
‘‘(4) EXCEPTION.—The requirement under para-
graph (1) that an eligible air traffic system or equip-
ment be purchased in part using a Government air-
port aid program, airport development aid program, 
or airport improvement project grant shall not apply 
if the system or equipment is installed at an airport 
that is categorized as a basic or local general aviation 
airport under the most recently published national 
plan of integrated airport systems under section 
47103.’’. 
SEC. 742. NEXTGEN PROGRAMS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, and periodically thereafter 
as the Administrator of the Federal Aviation Administra-
tion determines appropriate, the Administrator shall con-
vene Administration officials to evaluate and expedite the 
implementation of NextGen programs and capabilities. 
(b) NEXTGEN PROGRAM PRIORITIZATION.—In allo-
cating amounts appropriated pursuant to section 48101(a) 
of title 49, United States Code, the Secretary of Transpor-
tation shall give priority to the following activities: 
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(1) Performance-based navigation. 
(2) Data communications. 
(3) Terminal flight data manager. 
(4) Aeronautical information management. 
(c) PERFORMANCE-BASED NAVIGATION.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Administrator 
shall fully implement performance-based navigation 
procedures for all terminal and enroute routes, in-
cluding approach and departure procedures for cov-
ered airports. 
(2) SPECIFIC PROCEDURES.—Pursuant to para-
graph (1), the Administrator shall prioritize the fol-
lowing performance-based navigation procedures: 
(A) Trajectory-based operations. 
(B) Optimized profile descents. 
(C) Multiple airport route separation. 
(D) Established on required navigation per-
formance. 
(E) Converging runway display aids. 
(3) PERFORMANCE-BASED NAVIGATION BASELINE 
EQUIPAGE
REQUIREMENTS.—In carrying out para-
graph (1), the Administrator shall issue such regula-
tions as may be required, and publish applicable ad-
visory circulars, to establish the equipage baseline ap-
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propriate for aircraft to safely use performance-based 
navigation procedures. 
(d) DATA COMMUNICATIONS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall fully implement the use of data communications. 
(2) SPECIFIC
CAPABILITIES.—In carrying out 
subsection (a) and this subsection, the Administrator 
shall prioritize the following data communications ca-
pabilities: 
(A) Ground-to-ground message exchange for 
surface aircraft operations and runway safety at 
airports. 
(B) Automated message generation and re-
ceipt. 
(C) Message routing and transmission. 
(D) Direct communications with aircraft 
avionics. 
(E) Implementation of data communica-
tions at all Air Route Traffic Control Centers. 
(F) The Future Air Navigation System. 
(e) TERMINAL FLIGHT DATA MANAGER.— 
(1) IN GENERAL.—Not later than 4 years after 
the date of enactment of this Act, the Administrator 
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shall replace the traffic flow management system with 
the flow data management system at covered airports. 
(2) ELECTRONIC FLIGHT STRIPS.—In carrying 
out paragraph (1), the Administrator shall implement 
electronic flight strips, at a minimum, at the air traf-
fic control towers of covered airports and all terminal 
radar approach control and air route traffic control 
centers. 
(f) AERONAUTICAL INFORMATION MANAGEMENT SYS-
TEMS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Administrator 
shall fully modernize the aeronautical information 
management systems of the Federal Aviation Admin-
istration to improve the functionality, useability, du-
rability, and reliability of such systems used in the 
national airspace system. 
(2) REQUIREMENTS.—In carrying out para-
graph (1), the Administrator shall— 
(A) improve the distribution of critical safe-
ty information to pilots, air traffic control, and 
other relevant aviation stakeholders; 
(B) fully develop and implement the Enter-
prise Information Display System; and 
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(C) notwithstanding a centralized aero-
nautical information management system, re-
structure the back-up systems of aeronautical in-
formation management systems to be inde-
pendent and self-sufficient from one another. 
(g) EFFECT OF FAILURE TO MEET DEADLINE.— 
(1) NOTIFICATION OF CONGRESS.—If the Admin-
istrator determines that the Administration has not 
or will not meet a deadline established under sub-
section (a), (c), (d), or (e), the Administrator shall, 
not later than 30 days after such determination, no-
tify the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate about the failure to meet the target dead-
lines. 
(2) CONTENTS OF NOTIFICATION.—A notification 
under paragraph (1) shall be accompanied by the fol-
lowing: 
(A) An explanation as to why the agency 
will not or did not meet the target deadlines de-
scribed in such paragraph. 
(B) A description of the actions the Admin-
istration plans to take to meet the target dead-
lines described in such paragraph. 
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(3) BRIEFING.—If the Administrator is required 
to provide notice under paragraph (1), the Adminis-
trator shall provide the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate bimonthly, in-person briefings 
as to the progress made by the Administration re-
garding implementation under the respective sub-
section for which the target deadline will not or was 
not met until such time as the Administrator has 
completed the required work under such subsection. 
(h) NEXTGEN
ADVISORY
COMMITTEE
CONSULTA-
TION.— 
(1) IN GENERAL.—The Administrator shall con-
sult and task the NextGen Advisory Committee with 
providing recommendations on ways to expedite, 
prioritize, and fully implement NextGen programs to 
realize the operational benefits of such programs. 
(2) 
CONSIDERATIONS.—In 
providing 
rec-
ommendations under paragraph (1), the NextGen Ad-
visory Committee shall consider— 
(A) air traffic throughput of the national 
airspace system; 
(B) daily operational performance, includ-
ing delays and cancellations; and 
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(C) the potential need for performance-based 
operational metrics related to NextGen pro-
grams. 
(i) SUNSET OF NEXTGEN BRAND.— 
(1) IN GENERAL.— Not later than 3 years after 
the date of enactment of this Act, the Administrator 
shall terminate the use of the term ‘‘Next Generation 
Air Transportation System’’ or ‘‘NextGen’’ to describe 
any air traffic control modernization program of the 
Administration. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to— 
(A) terminate any program of the Adminis-
tration, including a program that has previously 
been represented as being a component of the 
Next Generation Air Transportation System or 
NextGen in budgetary submission or document of 
the Administration; or 
(B) prohibit the Administrator from main-
taining materials that relate to or reference pro-
grams that have previously been represented as 
being a component of the Next Generation Air 
Transportation System or NextGen. 
(j) COVERED AIRPORTS DEFINED.—In this section, the 
term ‘‘covered airports’’ means the 40 airports in the 
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United States with the highest number of annual aircraft 
operations, as of the date of enactment of this Act. 
SEC. 743. AIRSPACE ACCESS. 
(a) COALESCING AIRSPACE.— 
(1) REVIEW OF NATIONAL AIRSPACE SYSTEM.— 
Not later than 3 years after the date of enactment of 
this Act, the Administrator of the Federal Aviation 
Administration, in coordination with the Secretary of 
Defense, shall conduct a comprehensive review of the 
airspace of the national airspace system, including 
special use airspace. 
(2) STREAMLINING AND EXPEDITING ACCESS.— 
In carrying out paragraph (1), the Administrator 
shall identify methods to streamline, expedite, and 
provide greater flexibility of access to certain cat-
egories of airspace for users of the national airspace 
system who may not regularly have access to such 
airspace. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 3 months after 
the completion of review the under subsection (a), the 
Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
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describing the findings of such review and any rec-
ommendations and proposed actions to improve access 
to airspace of the national airspace system for the 
users of such system. 
(2) CONTENTS.—In the report submitted under 
paragraph (1), the Administrator shall include, at a 
minimum, the following: 
(A) An identification of current challenges 
and barriers faced by airspace users in accessing 
certain categories of airspace, including special 
use airspace. 
(B) An evaluation of existing procedures, 
regulations, and requirements that may impede 
or delay access to certain categories of airspace 
for certain users of the national airspace system. 
(C) Recommendations for streamlining and 
expediting the airspace access process, including 
potential regulatory changes, technological ad-
vancements, and enhanced coordination among 
relevant stakeholders and Federal agencies. 
(D) A proposal for implementing a flexible 
framework that allows for temporary access to 
certain categories of airspace, including special 
use airspace, by users of the national airspace 
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system who do not have regular access to such 
airspace. 
(E) An assessment of the impact airspace 
access improvements may have on safety, effi-
ciency, and economic opportunities for airspace 
users, including— 
(i) military operators; 
(ii) commercial operators; and 
(iii) general aviation operators. 
(3) IMPLEMENTATION AND FOLLOW-UP.— 
(A) ACTION PLAN.—Based on the findings, 
recommendations, and proposals submitted in 
the report under this subsection, the Adminis-
trator shall develop an action plan for imple-
menting any recommendations and proposals 
necessary to improve airspace access. 
(B) COORDINATION AND COLLABORATION.— 
In developing the action plan under subpara-
graph (A), the Administrator shall coordinate 
with relevant stakeholders, including airspace 
users and the Secretary of Defense, to ensure— 
(i) effective implementation of the ac-
tion plan; and 
(ii) ongoing collaboration in address-
ing airspace access challenges. 
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(C) PROGRESS
REPORTS.—The Adminis-
trator shall provide to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate 
periodic progress reports in the form of briefings 
on the implementation of the action plan devel-
oped under this paragraph, including updates on 
the adoption of streamlined procedures, techno-
logical 
enhancements, 
and 
any 
regulatory 
changes necessary to improve airspace access and 
flexibility. 
SEC. 744. AIRSPACE TRANSITION COMPLETION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall ensure that responsi-
bility for the Newark, New Jersey radar sector is moved 
to the Philadelphia terminal radar approach control facil-
ity. 
(b) STAFFING.—In carrying out subsection (a), the Ad-
ministrator may not— 
(1) require the temporary or permanent move-
ment of any personnel from the New York terminal 
radar approach control facility to the Philadelphia 
terminal radar approach control facility, but may so-
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licit such personnel to volunteer to temporarily or 
permanently facilitate the move required under sub-
section (a); or 
(2) reduce the target staffing level of the New 
York terminal radar approach control facility. 
(c) CONGRESSIONAL BRIEFINGS.—Not later than 180 
days after the date of enactment of this Act and every 60 
days thereafter, the Administrator and the head of the col-
lective bargaining unit representing air traffic controllers 
shall brief the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
on the status of the move required under subsection (a) until 
such time as the Newark, New Jersey radar sector is under 
the full responsibility of the Philadelphia terminal radar 
approach control facility. 
SEC. 745. FAA CONTRACT TOWERS. 
(a) OPERATIONAL
READINESS
INSPECTIONS.—Not 
later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration 
shall update applicable regulations, standards, and guid-
ance on operational readiness inspections related to the 
Federal Aviation Administration Contract Tower program 
to provide airport sponsors acting in good faith with 7 
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years to complete such inspections after receiving a benefit- 
to-cost ratio of air traffic control services for an airport. 
(b) FCT CONTROLLER AIRSPACE AWARENESS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall authorize the use of advanced technology at Fed-
eral Aviation Administration contract towers to en-
hance air traffic controller situational awareness. 
(2) EQUIPMENT STANDARDS.—In carrying out 
paragraph (1), the Administrator shall establish 
standards and criteria identical to such standards 
and criteria applicable to Federal Aviation Adminis-
tration air traffic controllers for the use of advanced 
technology in air traffic control towers. 
(3) RECURRENCY
TRAINING.—In carrying out 
this subsection, the Administrator, in coordination 
with Federal Aviation Administration contract tower 
contractors, shall establish an appropriate training 
program to periodically train air traffic controllers 
employed by such contractors to ensure proper inte-
gration and use of advanced technologies at Federal 
Aviation Administration contract towers. 
(c) LIABILITY INSURANCE.—Not later than 2 years 
after the date of enactment of this Act, the Secretary of 
Transportation, in consultation with industry experts in-
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cluding Federal Aviation Administration contract tower 
contractors and aviation insurance providers, shall— 
(1) assess existing liability limits for contract 
tower contractors established by the Secretary; and 
(2) determine whether such limits should be up-
dated. 
SEC. 746. FAA CONTRACT TOWER WORKFORCE AUDIT. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the inspector general of the 
Department of Transportation shall initiate an audit of the 
workforce needs of the Federal Aviation Administration 
Contract Tower Program. 
(b) CONTENTS.—In conducting the audit required 
under subsection (a), the inspector general shall, at a min-
imum— 
(1) review the assumptions and methodologies 
used in assessing the source of Federal Aviation Ad-
ministration contract towers staffing to determine the 
adequacy of staffing levels at such towers; 
(2) determine whether there is a need to establish 
an air traffic controller training program to allow 
Federal Aviation Administration contract tower con-
tractors to conduct— 
(A) initial training of air traffic controllers 
employed by such contractors; or 
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(B) on-the-job training of such controllers; 
and 
(3) assess whether establishing pathways to allow 
Federal Aviation Administration contract tower con-
tractors to use the air traffic technical training acad-
emy of the Federal Aviation Administration, or other 
means such as higher educational institutions, to pro-
vide initial technical training for air traffic control-
lers employed by such contractors could help address 
the workforce needs of the FAA contract tower pro-
gram. 
(c) REPORT.—Not later than 90 days after the comple-
tion of the audit under subsection (a), the inspector general 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the findings of such audit and any rec-
ommendations as a result of such audit. 
SEC. 747. AVIATION INFRASTRUCTURE SUSTAINMENT. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall develop performance 
metrics with which the Administrator can assess the oper-
ation of safety-critical communication, navigation, and 
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surveillance aviation infrastructure within the national 
airspace system. 
(b) PERFORMANCE METRICS NECESSARY TO REMAIN 
IN SERVICE.— 
(1) IN GENERAL.—After developing the perform-
ance metrics under subsection (a), the Administrator 
shall carry out an assessment to determine which ap-
plicable aviation infrastructure are to remain in 
operational service. 
(2) CONSIDERATIONS.—In making an assessment 
under paragraph (1), the Administrator shall take 
into consideration the following: 
(A) The expected lifespan of such aviation 
infrastructure. 
(B) The number and type of mechanical 
failures of such aviation infrastructure. 
(C) The average annual costs of maintain-
ing such aviation infrastructure over a 5-year 
timespan and whether such costs exceed the 
amount to replace such aviation infrastructure. 
(D) The availability of replacement parts or 
labor capable of maintaining such aviation in-
frastructure. 
(E) Any other factors the Administrator de-
termines are necessary. 
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(c) PUBLICATION.—The Administrator shall make the 
performance metrics established under subsection (b) avail-
able to the public through the website of the Administration, 
or other appropriate methods of publication, and shall en-
sure that any information made available to the public 
under this subsection is made available in a manner that— 
(1) does not provide identifying information re-
garding an individual or entity; 
(2) prevents inappropriate disclosure of propri-
etary information; and 
(3) does not disclose information that may pose 
a cybersecurity risk. 
SEC. 748. AIR TRAFFIC CONTROL TOWER SAFETY. 
In designing, adopting a design, or constructing an 
air traffic control tower based on a previously adopted de-
sign, the Administrator of the Federal Aviation Adminis-
tration shall ensure that the safety of the national airspace 
system, the safety of employees of the Administration, the 
operational reliability of air traffic control towers, and the 
costs of such towers are the primary consideration in such 
design, adoption, or construction. 
SEC. 749. AIR TRAFFIC SERVICES DATA REPORTS. 
Section 45303(g) of title 49, United States Code, is 
amended— 
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(1) in paragraph (2)(A) by striking ‘‘8 years’’ 
and inserting ‘‘14 years’’; and 
(2) in paragraph (3)(A) by adding at the end 
the following: 
‘‘(xvi) Operators of commercial space 
transportation launch and reentry vehi-
cles.’’. 
SEC. 750. CONSIDERATION OF SMALL HUB CONTROL TOW-
ERS. 
In selecting projects for the replacement of federally 
owned air traffic control towers from funds made available 
pursuant to title VIII of division J of the Infrastructure 
Investment and Jobs Act (Public Law 117–58) under the 
heading ‘‘Federal Aviation Administration—Facilities and 
Equipment’’, the Administrator of the Federal Aviation Ad-
ministration shall consider selecting projects at small hub 
commercial service airports with control towers that are at 
least 50 years old. 
SEC. 751. AIR TRAFFIC CONTROL TOWER REPLACEMENT 
PROCESS REPORT. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall submit to 
Congress a report on the process by which air traffic control 
tower facilities are chosen for replacement. 
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(b) CONTENTS.—The report required under subsection 
(a) shall contain— 
(1) the process by which air traffic control tower 
facilities are chosen for replacement, including which 
divisions of the Administration control or are in-
volved in the replacement decision making process; 
(2) the criteria the Administrator uses to deter-
mine which air traffic control tower facilities to re-
place, including— 
(A) the relative importance of each such cri-
teria; 
(B) why the Administrator uses each such 
criteria; and 
(C) the reasons for the relative importance 
of each such criteria; 
(3) what types of investigation the Adminis-
trator carries out to determine if an air traffic con-
trol tower facility should be replaced; 
(4) a timeline of the replacement process for an 
individual air traffic control tower facility replace-
ment; 
(5) the list of facilities established under sub-
section (c), including the reason for selecting each 
such facility; and 
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(6) any other information the Administrator 
considers relevant. 
(c) LIST OF REPLACED AIR TRAFFIC CONTROL TOWER 
FACILITIES.—The Administrator shall establish, maintain, 
and publish on the website of the Federal Aviation Adminis-
tration a list of the following: 
(1) All air traffic control tower facilities replaced 
within the previous 10-year period. 
(2) Any such facilities in the process of being re-
placed. 
SEC. 752. FAA CONTRACT TOWER PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall establish a pilot pro-
gram to convert up to 3 high-activity contract towers under 
the Federal Aviation Administration Contract Tower Pro-
gram under section 47124 of title 49, United States Code, 
to visual flight rule towers staffed by the Administration. 
(b) PRIORITY.—In selecting facilities to participate in 
the pilot program under subsection (a), the Administrator 
shall give priority to towers that— 
(1) had over 200,000 in annual tower operations 
in calendar year 2022 or a small hub airport with 
more than 900,000 passenger enplanements in cal-
endar year 2021; 
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(2) have controls towers that are either owned by 
the Administration or are constructed to Administra-
tion standards; and 
(3) operate within a complex air space, includ-
ing space used by air carriers, for general aviation, 
and by military aircraft. 
(c) CONTROLLER
RETENTION.—The Administrator 
shall appoint to the position of air traffic controller all air 
traffic controllers employed as a Federal contract tower op-
erator and assigned to the air traffic control tower pilot 
program as of the date of enactment of this Act so long 
as such operator— 
(1) meets the qualifications contained in section 
44506(f)(1)(A) of title 49, United States Code; and 
(2) has all other pre-employment qualifications 
required by law. 
Subtitle C—Small Community Air 
Service 
SEC. 771. ESSENTIAL AIR SERVICE REFORMS. 
(a) 
REDUCTION
IN
SUBSIDY
CAP.—Section 
41731(a)(1)(C) of title 49, United States Code, is amended 
to read as follows: 
‘‘(C) had an average subsidy per pas-
senger— 
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‘‘(i) of less than $1,000 during the 
most recent fiscal year beginning before Oc-
tober 1, 2026, as determined in subpara-
graph (D) by the Secretary; or 
‘‘(ii) of $500 or less during the most 
recent fiscal year beginning on or after Oc-
tober 1, 2026; and’’. 
(b) RESTRICTION ON LENGTH OF ROUTES.— 
(1) IN GENERAL.—Section 41732(a)(1) of title 
49, United States Code, is amended by inserting ‘‘less 
than 650 miles from an eligible place (unless such 
airport or eligible place are located in a non-contig-
uous State)’’ after ‘‘hub airport’’. 
(2) EXCEPTION.—The amendment made by 
paragraph (1) shall not apply to any contract or re-
newal of such contract with an air carrier for essen-
tial air service compensation under subchapter II of 
chapter 417 of title 49, that was— 
(A) entered into before the date of enactment 
of this Act; and 
(B) still in effect on the date of enactment 
of this Act. 
(3) SUNSET.—Paragraph (2) shall cease to have 
effect after September 30, 2028. 
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(c) APPLICANT SELECTION CONSIDERATIONS.—Sec-
tion 41733(c)(1) of title 49, United States Code, is amend-
ed— 
(1) by striking ‘‘giving substantial weight to’’ 
and inserting ‘‘including’’; 
(2) in subparagraph (E) by striking ‘‘and’’ at 
the end; 
(3) in subparagraph (F) by striking the period 
at the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(G) the total compensation proposed by the air 
carrier for providing scheduled air service under this 
section.’’. 
(d) COST SHARE.— 
(1) SECTION 41737.—Section 41737(a)(1) of title 
49, United States Code, is amended— 
(A) in subparagraph (D) by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (E) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(F) require that, for a contract to provide air 
service that is entered into or renewed under this sub-
chapter after September 30, 2026, the Government’s 
share of the compensation is 95 percent.’’. 
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(2) SECTION 41731.—Section 41731 of title 49, 
United States Code, is amended— 
(A) in subsection (c) by inserting ‘‘and sec-
tion 41737(a)(1)(F)’’ after ‘‘subsection (a)(1)’’; 
and 
(B) in subsection (d) by inserting ‘‘and sec-
tion 
41737(a)(1)(F)’’ 
after 
‘‘Subsection 
(a)(1)(B)’’. 
SEC. 772. ESSENTIAL AIR SERVICE AUTHORIZATION. 
Section 41742(a)(2) of title 49, United States Code, 
is amended by striking ‘‘$155,000,000 for fiscal year 2018’’ 
an all that follows through ‘‘$172,000,000 for fiscal year 
2023’’ and inserting ‘‘$332,000,000 for fiscal year 2024, 
$312,000,000 for fiscal year 2025, $300,000,000 for fiscal 
year 2026, $265,000,000 for fiscal year 2027, and 
$252,000,000 for fiscal year 2028’’. 
SEC. 773. SMALL COMMUNITY AIR SERVICE DEVELOPMENT 
PROGRAM REFORM AND AUTHORIZATION. 
(a) SAME PROJECTS LIMIT.—Section 41743(c)(4)(B) 
of title 49, United States Code, is amended by striking ‘‘10- 
year’’ and inserting ‘‘6-year’’. 
(b) PRIORITIES.—Section 41743(c)(5) of title 49, 
United States Code, is amended— 
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(1) by redesignating subparagraphs (B) through 
(G) as subparagraphs (C) through (H), respectively; 
and 
(2) by adding after subparagraph (A) the fol-
lowing— 
‘‘(B) the community has demonstrated sup-
port from at least 1 air carrier to provide serv-
ice;’’. 
(c) AUTHORIZATION.—Section 41743(e)(2) of title 49, 
United States Code, is amended by striking ‘‘2023’’ and in-
serting ‘‘2028’’. 
SEC. 774. GAO STUDY ON INCREASED COSTS OF ESSENTIAL 
AIR SERVICE. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of the change in costs of the 
essential air service program under sections 41731 through 
41742 of title 49, United States Code. 
(b) CONTENTS.—In conducting the study required 
under subsection (a), the Comptroller General shall— 
(1) assess trends in costs of the essential air serv-
ice program under sections 41731 through 41742 of 
title 49, United States Code, over the 10-year period 
ending on the date of enactment of this Act; 
(2) review potential causes for the increased cost 
of the essential air service program, including— 
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(A) labor costs; 
(B) fuel costs; 
(C) aging aircraft costs; 
(D) air carrier opportunity costs; and 
(E) airport costs; and 
(3) assess the effects of the COVID–19 pandemic 
on the costs of the essential air service program under 
sections 41731 through 41742 of title 49, United 
States Code. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and to the Committee on 
Commerce, Science, and Transportation of the Senate a re-
port on the results of the study conducted under subsection 
(a). 
TITLE VIII—MISCELLANEOUS 
SEC. 801. DIGITALIZATION OF FAA PROCESSES. 
(a) IDENTIFICATION.—Not later than 2 years after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall identify and catalog 
programs, activities, or processes that require paper-based 
information exchange between— 
(1) external entities and the Administration; or 
(2) offices within the Administration. 
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(b) DIGITALIZATION.—On an ongoing basis, and as 
appropriate, the Administrator shall transition the paper- 
based processes identified under subsection (a) to processes 
that support secure digital information submission, ex-
change, collaboration, and approval. 
(c) BRIEFING.—Not later than 60 days after com-
pleting the required identification and catalog in subsection 
(a), the Administrator shall brief the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Trans-
portation of the Senate on the programs, activities, and 
processes identified under subsection (a) and such pro-
grams, activities, and processes that have been identified 
for transition under subsection (b). 
SEC. 802. FAA TELEWORK. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration— 
(1) may establish telework policies for employees 
that allow for the Administration to reduce the office 
footprint and associated expenses of the Administra-
tion, increase workforce retention, and provide flexi-
bilities that the Administrator believes increases effi-
ciency and effectiveness of the Administration, while 
requiring that any such policy— 
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(A) does not adversely impact the mission of 
the Administration; 
(B) does not reduce the safety and efficiency 
of the national airspace system; 
(C) for any employee that is designated as 
an officer or executive in the Federal Aviation 
Administration Executive System or a political 
appointee (as such term is defined in section 106 
of title 49, United States Code)— 
(i) maximizes time at a duty station 
for such employee, excluding official travel; 
and 
(ii) may include telework provisions as 
determined appropriate by the Adminis-
trator, commensurate with official duties for 
such employee; 
(D) provides for on-the-job training oppor-
tunities for Administration personnel that are 
not less than such opportunities available in 
2019; 
(E) reflects the appropriate work status of 
employees based on the job functions of such em-
ployee; 
(F) optimizes the work status of inspectors, 
investigators, and other personnel performing 
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safety-related functions to ensure timely comple-
tion of safety oversight activities; 
(G) provides for personnel, including such 
personnel performing work related to aircraft 
certification and flight standards, who are re-
sponsible for actively working with regulated en-
tities, external stakeholders, or other members of 
the public to be— 
(i) routinely available on a predictable 
basis for in-person and virtual communica-
tions with external persons; and 
(ii) not hindered from meeting with, 
visiting, auditing, or inspecting facilities or 
projects of regulated persons due to any 
telework policy; and 
(H) provides offices of the Administration 
opportunities for in-person dialogue, collabora-
tion, and ideation for all employees; 
(2) ensures that locality pay for an employee of 
the Administrator accurately reflects the telework sta-
tus and duty station of such employee; 
(3) may not establish a telework policy for an 
employee of the Administration unless such employee 
will be provided with secure network capacity, com-
munications tools, necessary and secure access to ap-
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propriate agency data assets and Federal records, and 
equipment sufficient to enable such employee to be 
fully productive; and 
(4) not later than 2 years after the date of enact-
ment of this Act, shall evaluate and address any 
telework policies in effect on the day before such date 
of enactment to ensure that such policies meet the re-
quirements of paragraph (1). 
(b) CONGRESSIONAL UPDATE.—Not later than 1 year 
after the date of enactment of this Act, and 1 year there-
after, the Administrator shall brief the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on any telework policies cur-
rently in place, the implementation of such policies, and 
the benefits of such policies. 
(c) CONSULTATION.—If the Administrator determines 
that telework agreements must be updated to implement the 
requirements of subsection (a), the Administrator shall, 
prior to updating such agreements, consult with— 
(1) exclusive bargaining representatives of air 
traffic controllers certified under section 7111 of title 
5, United States Code; and 
(2) labor organizations certified under such sec-
tion as the exclusive bargaining representative of air-
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way transportation systems specialists and aviation 
safety inspectors of the Federal Aviation Administra-
tion. 
SEC. 803. REVIEW OF OFFICE SPACE. 
(a) FAA REVIEW.— 
(1) INITIATION OF REVIEW.—Not later than 30 
months after the date of enactment of this Act, the 
Secretary of Transportation shall initiate an inven-
tory review of the domestic office footprint of the De-
partment of Transportation. 
(2) COMPLETION OF REVIEW.—Not later than 40 
months after the date of enactment of this Act, the 
Secretary shall complete the inventory review required 
under paragraph (1). 
(b) CONTENTS OF REVIEW.—In completing the review 
under subsection (a), the Secretary shall— 
(1) delineate the domestic office footprint into 
units of property, as determined appropriate by the 
Secretary; 
(2) determine unit adequacy related to— 
(A) the Architectural Barriers Act of 1968 
(42 U.S.C. 4151 et seq.) and the corresponding 
accessibility guidelines established under part 
1191 of title 36, Code of Federal Regulations; 
and 
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(B) the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
(3) determine the feasible occupancy of each such 
unit, and provide the methodology used to make the 
determination; 
(4) determine the number of individuals who are 
full-time equivalent employees, other employees, or 
contractors that have each such unit as a duty station 
and determine how telework policies will impact the 
usage of each such unit; 
(5) calculate the amount of available, unused, or 
underutilized space in each such unit; 
(6) consider any lease terms for leased units con-
tained in the domestic office footprint, including cost 
and effective dates for each such leased unit; and 
(7) based on the findings in paragraphs (2) 
through (6), and any other metrics the Secretary de-
termines relevant, provide recommendations for opti-
mizing the use of units of property across the Depart-
ment in consultation with appropriate employee labor 
representatives. 
(c) REPORT.—Not later than 2 months after com-
pleting the review under subsection (a), the Secretary shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
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Commerce, Science, and Transportation of the Senate a 
final report that proposes opportunities to optimize the do-
mestic office footprint of the Administration (and associ-
ated costs). In compiling such final report, the Secretary 
shall describe opportunities for— 
(1) consolidation of offices within a reasonable 
distance from one another; 
(2) the collocation of regional or satellite offices 
of separate modes of the Department, including the 
cost benefits of shared amenities; and 
(3) the use of coworking spaces instead of perma-
nent offices. 
(d) DEFINITION OF DOMESTIC OFFICE FOOTPRINT.— 
In this section, the term ‘‘domestic office footprint’’ means 
buildings, offices, facilities, and other real property rented, 
owned, or occupied by the Administration or Department— 
(1) in which employees report for permanent or 
temporary duty that are not being used for active op-
erations of the air traffic control system; and 
(2) which are located within the United States. 
SEC. 804. AIRCRAFT WEIGHT REDUCTION TASK FORCE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall establish a task force to 
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identify ways to safely reduce covered aircraft weight for 
purposes of reducing fuel burn. 
(b) COMPOSITION.—The task force established under 
subsection (a) shall consist of not more than 20 individuals 
and shall include representatives of— 
(1) the Federal Aviation Administration; 
(2) other Federal agencies as the Administrator 
determines appropriate; 
(3) air carriers; 
(4) certified labor organizations representing 
flight attendants at air carriers operating under part 
121 of title 14, Code of Federal Regulations; 
(5) certified labor organizations representing 
aircraft maintenance technicians; 
(6) certified labor organizations representing 
other aviation workers, as appropriate; and 
(7) aerospace manufacturers. 
(c) REVIEW.—The task force established under sub-
section (a) shall review and evaluate— 
(1) regulations, requirements, advisory circulars, 
orders, or other such directives of the Administration 
related to covered aircraft or covered aircraft oper-
ations that may inhibit certification of new mate-
rials, manufacturing processes, components, or tech-
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nologies that could reduce aircraft weight or increase 
fuel efficiency without decreasing safety; 
(2) aspects of covered aircraft design that are 
outdated or underutilized on the date of enactment of 
this Act that may unnecessarily increase covered air-
craft weight or reduce aircraft fuel efficiency that are 
not necessary for the safe operation of such aircraft; 
(3) novel technologies and manufacturing proc-
esses, including the use of advanced materials, that 
can safely be used in the construction or modification 
of covered aircraft, including a component or the inte-
rior of such aircraft, to reduce weight or improve fuel 
efficiency; and 
(4) nonproprietary methods that air carriers 
have used to safely decrease covered aircraft weight or 
improve fuel efficiency. 
(d) REPORT.— 
(1) TASK FORCE REPORT.— 
(A) IN GENERAL.—Not later than 3 years 
after the establishment of the task force under 
subsection (a), the task force shall submit a re-
port on the findings and results of the review 
and evaluation conducted under subsection (c) to 
the Administrator. 
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(B) 
RECOMMENDATIONS.—In 
submitting 
the report required under subparagraph (A), the 
task force shall include recommendations— 
(i) on actions the Administrator may 
take to updated regulations, processes, advi-
sory circulars, orders, or other such direc-
tions of the Administration to enable the 
certification of new materials, components, 
manufacturing processes, or technologies 
that may allow for the safe reduction of cov-
ered aircraft weight or the improvement of 
fuel efficiency; and 
(ii) on best practices for air carriers 
and aerospace manufacturers to certify such 
materials, components, manufacturing proc-
esses, or technologies. 
(C) APPROXIMATION
OF
BENEFITS.—For 
each recommendation made under subparagraph 
(B), the task force shall approximate the fuel 
savings that could be expected if such rec-
ommendation was adopted. 
(D) SUBMISSION TO CONGRESS.—Not later 
than 3 days after receipt of the report required 
under subparagraph (A), the Administrator shall 
submit to the Committee on Transportation and 
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Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate the report and rec-
ommendations. 
(2) FAA REPORT.—Not later than 120 days after 
submission of the report under paragraph (1), the Ad-
ministrator shall submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report— 
(A) describing the recommendations of the 
task force with which the Administrator fully 
concurs, partially concurs, or does not concur; 
(B) detailing, for the recommendations with 
which the Administrator fully or partially con-
curs— 
(i) a timeline for implementing such 
recommendations; and 
(ii) possible benefits of using new ma-
terials, manufacturing processes, compo-
nents, or technologies, including fuel sav-
ings, increased capacity, or other benefits as 
determined reasonable by the task force; and 
(C) explaining, for the recommendations 
with which the Administrator does not concur, 
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the reason for which the Administrator will not 
implement such recommendations. 
(e) SUNSET.— 
(1) IN
GENERAL.—The task force established 
under subsection (a) shall terminate upon submission 
of the report required under subsection (d)(1)(A). 
(2) EXCEPTION.—The Administrator may choose 
to extend such task force after the submission of the 
report required under subsection (d)(1)(A), if the Ad-
ministrator determines that such an extension would 
be in the public interest. 
(f) DEFINITION.—In this section: 
(1) AIR
CARRIER.—The term ‘‘air carrier’’ 
means an air carrier (as such term is defined in sec-
tion 40102 of title 49, United States Code) that holds 
a certificate issued under part 121 of title 14, Code 
of Federal Regulations. 
(2) AIRCRAFT
WEIGHT.—The term ‘‘aircraft 
weight’’ means the gross weight of a covered aircraft 
in operation. 
(3) COVERED AIRCRAFT.—The term ‘‘covered air-
craft’’ means an aircraft that is operated by an air 
carrier that is operating pursuant to a certificate 
issued under part 121 of title 14, Code of Federal 
Regulations. 
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SEC. 805. AUDIT OF TECHNICAL WRITING RESOURCES AND 
CAPABILITIES. 
(a) AUDIT BY INSPECTOR GENERAL.—Not later than 
90 days after the date of enactment of this Act, the inspector 
general of the Department of Transportation shall initiate 
an audit of the technical writing resources and capabilities 
of the Federal Aviation Administration as such resources 
and capabilities relate to producing rulemaking, policy, 
and guidance, to— 
(1) determine if such resources and capabilities 
are adequate; and 
(2) make recommendations for improvement of 
such resources and capabilities. 
(b) REVIEW.—In conducting the review required under 
subsection (a), the inspector general shall evaluate the tech-
nical writing resources and capabilities of the Administra-
tion in each line of business of the Administration, the Of-
fice of Policy, International Affairs, and Environment, and 
the Office of the Chief Counsel, including by reviewing— 
(1) the process and resources required to produce 
initial drafts of rulemaking, policy, and guidance 
documents; 
(2) the quality of such initial drafts; 
(3) the amount of edits that are required 
throughout the production of rulemaking, policy, and 
guidance documents; 
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(4) writing support and education tools provided 
to engineers, managers, and other technical staff of 
the Administration involved in writing or editing 
such documents; and 
(5) whether— 
(A) the Administration has and adheres to 
best practices for the drafting of rulemaking, pol-
icy, and guidance documents; and 
(B) such best practices are— 
(i) easily accessible and understandable 
by employees of the Administration; and 
(ii) reflect modern writing conventions. 
(c) RECOMMENDATIONS.—In making the recommenda-
tions required under subsection (a)(2), the inspector general 
shall make recommendations to the Administrator of the 
Federal Aviation Administration on how to improve the 
quality of written rulemaking, policy, and guidance docu-
ments and the speed at which such documents can be pro-
duced, internally reviewed, and approved. 
(d) DECONFLICTING SCOPE.—The inspector general 
shall ensure that the audit required under subsection (a) 
does not duplicate the evaluation required under section 
125, except to the extent that duplication is necessary to 
fully evaluate the technical writing resources and capabili-
ties of the Administration. 
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(e) REPORT.—Not later than 1 year after the inspector 
general initiates the audit under subsection (a), the inspec-
tor general shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the audit, 
including findings and recommendations. 
SEC. 806. FAA PARTICIPATION IN INDUSTRY STANDARDS 
ORGANIZATIONS. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall ensure the participation of 
employees of the Administration in the activities of recog-
nized industry standards organizations to advance the 
adoption, reference, and acceptance rate of standards and 
means of compliance developed by such organizations by the 
Administrator. 
(b) PARTICIPATION.—An employee directed by the Ad-
ministrator to participate in a working group, task group, 
committee, or similar body of a recognized industry stand-
ards organization shall— 
(1) actively participate in the discussions and 
work of such organization; 
(2) accurately represent the position of the Ad-
ministration on the subject matter of such discussions 
and work; 
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(3) contribute to the development of work prod-
ucts of such organization, unless determined to be in-
appropriate by such organization; 
(4) make reasonable efforts to identify and make 
any concerns of the Administration relating to such 
work products known to such organization, including 
through providing formal comments, as may be al-
lowed for under the procedures of such organization; 
(5) provide regular updates to other Administra-
tion employees and management on the progress of 
such work products; and 
(6) seek advice and input from other Adminis-
tration employees and management, as needed. 
(c) INVITATIONS.— 
(1) IN GENERAL.—The Administrator may ac-
cept an invitation to participate in and contribute to 
the work of a recognized industry standards organiza-
tion as described in subsection (b). 
(2) DECLINATION OF INVITATION.—If the Admin-
istrator declines an invitation described in paragraph 
(1), the Administrator shall provide— 
(A) the recognized industry standards orga-
nization a written response to the invitation that 
articulates the reasons for declining the invita-
tion; and 
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(B) a copy of such written response to the 
Committee on Transportation and Infrastructure 
of the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate not later than 5 days after 
providing the response to such organization 
under subparagraph (A). 
(d) RECOGNIZED INDUSTRY STANDARDS ORGANIZA-
TION DEFINED.—In this section, the term ‘‘recognized in-
dustry standards organization’’ means a domestic or inter-
national organization that— 
(1) uses agreed upon procedures to develop aero-
space-related industry standards or means of compli-
ance, particularly standards or means of compliance 
that satisfy Administration requirements or guidance; 
(2) is comprised of members of the public, in-
cluding subject matter experts, industry representa-
tives, academics and researchers, and government em-
ployees; and 
(3) has had at least one standard or means of 
compliance accepted by the Administrator or ref-
erenced in guidance material or a regulation issued 
by the Federal Aviation Administration after the date 
of enactment of the Vision 100—Century of Aviation 
Reauthorization Act (Public Law 108–176). 
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SEC. 807. SENSE OF CONGRESS ON USE OF VOLUNTARY 
CONSENSUS STANDARDS. 
It is the sense of Congress that the Administrator of 
the Federal Aviation Administration should make every ef-
fort to abide by the policies set forth in the Office of Man-
agement and Budget Circular A–119, titled ‘‘Federal Par-
ticipation in the Development and Use of Voluntary Con-
sensus Standards and Conformity Assessment Activities’’. 
SEC. 808. REQUIRED DESIGNATION. 
The Administrator of the Federal Aviation Adminis-
tration shall designate any aviation rulemaking committee 
convened under this Act pursuant to section 106(p)(5) of 
title 49, United States Code. 
SEC. 809. SENSITIVE SECURITY INFORMATION. 
(a) IN GENERAL.—Chapter 401 of title 49, United 
States Code, is amended by inserting after section 40118 
the following: 
‘‘§ 40119. Sensitive security information 
‘‘(a) IN GENERAL.—Notwithstanding section 552 of 
title 5, the Secretary of Transportation shall issue regula-
tions prohibiting the disclosure of information obtained or 
developed in the process of ensuring security under this title 
if the Secretary determines that disclosing the information 
would— 
‘‘(1) be an unwarranted invasion of personal 
privacy; 
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‘‘(2) reveal a trade secret or privileged or con-
fidential commercial or financial information; or 
‘‘(3) be detrimental to transportation safety. 
‘‘(b) WITHHELD INFORMATION.—In carrying out sub-
section (a), the Secretary shall ensure that the prohibitions 
described in such subsection do not apply to any informa-
tion provided to a committee of Congress authorized to have 
such information, including the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in subsection 
(a) shall be construed to authorize the designation of infor-
mation as sensitive security information (as defined in sec-
tion 15.5 of title 49, Code of Federal Regulations) to— 
‘‘(1) conceal— 
‘‘(A) a violation of law; 
‘‘(B) inefficiency; or 
‘‘(C) an administrative error; 
‘‘(2) prevent embarrassment to a person, organi-
zation, or governmental agency; 
‘‘(3) restrain competition; or 
‘‘(4) prevent or delay the release of information 
that does not require protection in the interest of 
transportation security, including basic scientific re-
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search information not clearly related to transpor-
tation security. 
‘‘(d) NONDISCLOSURE.—Section 552a of title 5 shall 
not apply to disclosures that the Administrator of the Fed-
eral Aviation Administration may make from the systems 
of records of the Administration to any Federal law enforce-
ment, intelligence, protective service, immigration, or na-
tional security official in order to assist the official receiv-
ing the information in the performance of official duties.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
401 of title 49, United States Code, is amended by striking 
the item related to section 40119 and inserting the fol-
lowing: 
‘‘40119. Sensitive security information.’’. 
SEC. 810. PRESERVING OPEN SKIES WHILE ENSURING FAIR 
SKIES. 
(a) ADDITION OF LABOR STANDARDS.—Section 40101 
of title 49, United States Code, is amended— 
(1) in subsection (a) by adding at the end the 
following: 
‘‘(17) preventing the undermining of labor 
standards.’’; and 
(2) in subsection (e) by adding at the end the fol-
lowing: 
‘‘(11) preventing the undermining of labor 
standards.’’. 
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(b) UPDATE TO FOREIGN AIR CARRIER PERMITS.— 
Section 41302(2)(B) of title 49, United States Code, is 
amended by striking ‘‘the foreign air transportation’’ and 
inserting ‘‘after considering the totality of the cir-
cumstances, including the matters described in section 
40101(a), the foreign air transportation’’. 
(c) SAVINGS CLAUSE.—Nothing in this section, or the 
amendments made by this section, shall be construed to af-
fect the validity of a foreign air carrier permit held, or air 
transport agreement in place, on the date of enactment of 
this Act. 
SEC. 811. COMMERCIAL PREFERENCE. 
Section 40110(d) of title 49, United States Code, is 
further amended— 
(1) in paragraph (1) by striking ‘‘and imple-
ment’’ and inserting ‘‘, implement, and periodically 
update’’; 
(2) in paragraph (2) by striking ‘‘the new acqui-
sition management system developed and imple-
mented’’ and inserting ‘‘the acquisition management 
system developed, implemented, and periodically up-
dated’’ each place it appears; 
(3) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A)— 
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(i) by striking ‘‘new’’; and 
(ii) by striking ‘‘and implemented’’ 
and inserting ‘‘, implemented, and periodi-
cally updated’’; and 
(B) in subparagraph (B) by striking ‘‘With-
in’’ and all that follows through ‘‘the Adminis-
trator’’ and inserting ‘‘The Administrator’’; 
(4) by redesignating paragraph (4) as para-
graph (5); and 
(5) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) COMMERCIAL PRODUCTS AND SERVICES.— 
In implementing and updating the acquisition man-
agement system pursuant to paragraph (1), the Ad-
ministrator shall, whenever possible— 
‘‘(A) describe the requirements with respect 
to a solicitation for the procurement of supplies 
or services in terms of— 
‘‘(i) functions to be performed; 
‘‘(ii) performance required; or 
‘‘(iii) essential physical and system 
characteristics; 
‘‘(B) ensure that commercial services or 
commercial products may be procured to fulfill 
such solicitation, or to the extent that commer-
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cial products suitable to meet the needs of the 
Administration are not available, ensure that 
nondevelopmental items other than commercial 
products may be procured to fulfill such solicita-
tion; 
‘‘(C) provide offerors of commercial services, 
commercial products, and nondevelopmental 
items other than commercial products an oppor-
tunity to compete in any solicitation for the pro-
curement of supplies or services; 
‘‘(D) revise the procurement policies, prac-
tices, and procedures of the Administration to re-
duce any impediments to the acquisition of com-
mercial products and commercial services; and 
‘‘(E) ensure that procurement officials— 
‘‘(i) acquire commercial services, com-
mercial 
products, 
or 
nondevelopmental 
items other than commercial products to 
meet the needs of the Administration; 
‘‘(ii) in a solicitation for the procure-
ment of supplies or services, state the speci-
fications for such supplies or services in 
terms that enable and encourage bidders 
and offerors to supply commercial services 
or commercial products, or to the extent 
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that commercial products suitable to meet 
the needs of the Administration are not 
available, to supply nondevelopmental items 
other than commercial products; 
‘‘(iii) require that prime contractors 
and subcontractors at all levels under con-
tracts with the Administration incorporate 
commercial services, commercial products, 
or nondevelopmental items other than com-
mercial products as components of items 
supplied to the Administration; 
‘‘(iv) modify procurement requirements 
in appropriate circumstances to ensure that 
such requirements can be met by commer-
cial services or commercial products, or to 
the extent that commercial products suitable 
to meet the needs of the Administration are 
not available, nondevelopmental items other 
than commercial products; and 
‘‘(v) require training of appropriate 
personnel in the acquisition of commercial 
products and commercial services.’’. 
SEC. 812. CONSIDERATION OF THIRD-PARTY SERVICES. 
(a) PLANS AND POLICY.—Section 44501 of title 49, 
United States Code, is amended— 
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(1) in subsection (a) by striking ‘‘development 
and location of air navigation facilities’’ and insert-
ing ‘‘development of air navigation facilities and 
services’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘and development’’ and in-
serting ‘‘procurement, and development’’ each 
place it appears; 
(B) by striking ‘‘facilities and equipment’’ 
and inserting ‘‘facilities, services, and equip-
ment’’; 
(C) by striking ‘‘first and 2d years’’ and in-
serting ‘‘first and second years’’; 
(D) by striking ‘‘subclauses (A) and (B) of 
this clause’’ and inserting ‘‘subparagraphs (A) 
and (B)’’; 
(E) by striking ‘‘the 3d, 4th, and 5th’’ and 
inserting ‘‘the third, fourth, and fifth’’; 
(F) by striking ‘‘systems and facilities’’ and 
inserting ‘‘systems, services, and facilities’’; and 
(G) by striking ‘‘growth of aviation’’ and 
inserting ‘‘growth of the aerospace industry’’. 
(b) SYSTEMS, PROCEDURES, FACILITIES, AND DE-
VICES.—Section 44505 of title 49, United States Code, is 
amended— 
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(1) in subsection (a)— 
(A) by striking ‘‘develop, alter’’ and insert-
ing ‘‘develop when necessary, alter’’; and 
(B) by striking ‘‘and devices’’ and inserting 
‘‘services, and devices’’ each place it appears; 
and 
(2) in subsection (b) by striking ‘‘develop dy-
namic simulation models’’ and inserting ‘‘develop or 
procure dynamic simulation models and tools’’ each 
place it appears. 
SEC. 813. CERTIFICATES OF AUTHORIZATION OR WAIVER. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Transportation, acting through 
the Administrator of the Federal Aviation Administration, 
may issue a certificate of authorization or waiver to a per-
son to operate an aircraft within an area covered by a tem-
porary flight restriction under such conditions as the Ad-
ministrator may prescribe, except for airspace that is sub-
ject to a permanent, continuous flight restriction, unless the 
authorization or waiver is issued to, or with the concurrence 
of, the entity for which the flight restriction was created. 
(b) SPECIAL CONSIDERATIONS.—If a temporary flight 
restriction is related to a sporting event and issued pursu-
ant to section 352 of the Consolidated Appropriations Reso-
lution, 2003 (Public Law 108–7), the conditions prescribed 
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by the Administrator under subsection (a) shall include the 
following: 
(1) A minimum distance from the center of the 
temporary flight restriction, which shall not be great-
er than 0.75 nautical miles, unless the Administrator 
determines, on a case by case basis, that such mileage 
is insufficient to maintain public safety. 
(2) The person may not operate an aircraft (ex-
cept for a purpose described under section 352(a)(3) 
of the Consolidated Appropriations Resolution, 2003 
(Public Law 108–7)) for a purpose that the Secretary 
determines is directly related to the event for which 
the temporary flight restriction is active. 
(c) EXCEPTION.—Subsection (b)(1) shall not apply to 
aircraft operations associated with an aviation event or 
airshow for which the Administrator has granted a certifi-
cate of authorization or waiver. 
(d) BRIEFING.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall brief the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the implemen-
tation of this section, including the number and nature of 
certificates of authorization or waiver that have been issued 
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under subsection (a) subject to restrictions under subsection 
(b). 
(e) OPERATIONAL PURPOSES.—Section 352(a)(3)(B) 
of Consolidated Appropriations Resolution, 2003 (Public 
Law 108–7) is amended by inserting ‘‘(or attendees ap-
proved by)’’ after ‘‘guests’’. 
(f) SUNSET.—Subsection (b) shall cease to have effect 
on October 1, 2028. 
SEC. 814. WING-IN-GROUND-EFFECT CRAFT. 
(a) MEMORANDUM OF UNDERSTANDING.— 
(1) IN
GENERAL.—Not later than 24 months 
after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration and the 
Commandant of the Coast Guard shall execute a 
memorandum of understanding governing the specific 
roles, delineations of responsibilities, resources, and 
commitments of the Federal Aviation Administration 
and the Coast Guard, respectively, pertaining to 
wing-in-ground-effect craft that are— 
(A) only capable of operating either in 
water or in ground effect over water; and 
(B) operated exclusively over waters subject 
to the jurisdiction of the United States. 
(2) CONTENTS.—The memorandum of under-
standing described in paragraph (1) shall— 
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(A) cover the processes the Federal Aviation 
Administration and the United States Coast 
Guard will follow to promote communications, 
efficiency, and nonduplication of effort in car-
rying out such memorandum of understanding; 
(B) account for the special rule in accord-
ance with subsection (b); and 
(C) provide procedures for, at a minimum, 
the following: 
(i) Approval of wing-in-ground-effect 
craft designs. 
(ii) Operations of wing-in-ground-ef-
fect craft. 
(iii) Pilotage of wing-in-ground-effect 
craft. 
(iv) Inspections of wing-in-ground-ef-
fect craft. 
(v) Maintenance of wing-in-ground-ef-
fect craft. 
(b) SPECIAL RULE PROHIBITING SECRETARY FROM 
REGULATING CERTAIN WIG CRAFT OPERATORS AS AIR 
CARRIERS.—Notwithstanding any other provision of law or 
regulation, the Secretary of Transportation may not regu-
late an operator of a wing-in-ground-effect craft as an air 
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carrier (as such term is defined in section 40102(a) of title 
49, United States Code). 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to— 
(1) limit the authority of the Secretary or the 
Administrator to regulate aircraft that are not wing- 
in-ground-effect craft, including aircraft that are— 
(A) capable of the operations described in 
subsection (d); and 
(B) capable of sustained flight out of ground 
effect; 
(2) confer upon the Commandant the authority 
to determine the impact of any civil aircraft oper-
ation on the safety or efficiency of the National Air-
space System; or 
(3) confer upon the Administrator the authority 
to issue a certificate of documentation, with or with-
out a registry, fishery or coastwise endorsement, for, 
or inspect any vessel as that term is defined in sec-
tion 115 of title 46, United States Code. 
(d) WING-IN-GROUND-EFFECT CRAFT DEFINED.—In 
this section, the term ‘‘wing-in-ground-effect craft’’ means 
a craft that is capable of operating completely above the 
surface of the water on a dynamic air cushion created by 
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40103(b)(1) and (2) of this title’’ and inserting ‘‘para-
graphs (1) and (2) of section 40103(b)’’. 
(e) GENERAL PROCUREMENT AUTHORITY.—Section 
40110(d)(3) of title 49, United States Code, is further 
amended— 
(1) in subparagraph (B) by inserting ‘‘, as in ef-
fect on October 9, 1996’’ after ‘‘Policy Act’’; 
(2) in subparagraph (C) by striking ‘‘the Office 
of Federal Procurement Policy Act’’ and inserting 
‘‘division B of subtitle I of title 41’’; and 
(3) in subparagraph (D) by striking ‘‘section 
27(e)(3)(A)(iv) of the Office of Federal Procurement 
Policy Act’’ and inserting ‘‘section 2105(c)(1)(D) of 
title 41’’. 
(f) GOVERNMENT-FINANCED AIR TRANSPORTATION.— 
Section 40118(g)(1) of title 49, United States Code, is 
amended by striking ‘‘detection and reporting of potential 
human trafficking (as described in paragraphs (9) and 
(10)’’ and inserting ‘‘detection and reporting of potential 
severe forms of trafficking in persons and sex trafficking 
(as such terms are defined in paragraphs (11) and (12)’’. 
(g) FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY 
RECORD CHECKS.—Section 40130(a)(1)(A) of title 49, 
United States Code, is amended by striking ‘‘(42 U.S.C. 
14616)’’ and inserting ‘‘(34 U.S.C. 40316)’’. 
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(l) 
METEOROLOGICAL
SERVICES.—Section 
44720(b)(2) of title 49, United States Code, is amended— 
(1) by striking ‘‘the Administrator to persons’’ 
and inserting ‘‘the Administrator, to persons’’; and 
(2) by striking ‘‘the Administrator and to’’ and 
inserting ‘‘the Administrator, and to’’. 
(m) AERONAUTICAL CHARTS.—Section 44721(c)(1) of 
title 49, United States Code, is amended by striking 
‘‘1947,’’ and inserting ‘‘1947’’. 
(n) FLIGHT
ATTENDANT
CERTIFICATION.—Section 
44728(c) of title 49, United States Code, is amended by 
striking ‘‘Regulation,’’ and inserting ‘‘Regulations,’’. 
(o) MANUAL SURCHARGE.—The analysis for chapter 
453 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘45306. Manual surcharge.’’. 
(p) SCHEDULE OF FEES.—Section 45301(a) of title 
49, United States Code, is amended by striking ‘‘The Ad-
ministrator shall establish’’ and inserting ‘‘The Adminis-
trator of the Federal Aviation Administration shall estab-
lish’’. 
(q) JUDICIAL REVIEW.—Section 46110(a) of title 49, 
United States Code, is amended by striking ‘‘subsection (l) 
or (s) of section 114’’ and inserting ‘‘subsection (l) or (r) 
of section 114’’. 
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