H.R. 3935 — what changed

“(7) $4,000,000,000 for fiscal year 2024;

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

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

“(10) $4,000,000,000 for fiscal year 2027; and

“(11) $4,000,000,000 for fiscal year 2028.”

“(B) $12,730,000,000 for fiscal year 2024;

“(C) $13,035,000,000 for fiscal year 2025;

“(D) $13,334,000,000 for fiscal year 2026;

“(E) $13,640,000,000 for fiscal year 2027; and

“(F) $13,954,000,000 for fiscal year 2028.”

“(ii) $46,815,000 for fiscal year 2024.

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

“(iv) $59,044,000 for fiscal year 2026.

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

“(vi) $71,529,000 for fiscal year 2028.”

“(A) In general—Notwithstanding”

“(B) Prioritization—In reducing non-safety-related activities of the Administration under subparagraph (A), the Secretary shall prioritize such reductions from amounts other than amounts authorized under this subsection, section 48101, or section 48103.

“(C) Sunset—This paragraph shall cease to be effective after September 30, 2028.”

“(5) $45,000,000 for each of fiscal years 2024 through 2026.

changed “(6) $50,000,000 for each of fiscal years 2027 through and 2028.”

Section 106 of title 49, United States Code, is amended—

“(b) Administration leadership

“(1) Administrator

“(A) In general—The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.

“(B) Qualifications—The Administrator shall—

“(i) be a citizen of the United States;

“(ii) not be an active duty or retired member of an Armed Force; and

“(iii) have experience in organizational management and a field directly related to aviation.

“(C) Fitness—In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.

“(D) Term of office—The Term of office for any individual appointed as Administrator shall be 5 years.

“(E) Reporting chain—Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.

“(2) Deputy Administrator for Programs and Management

“(A) In general—The Administration has a Deputy Administrator for Programs and Management, who shall be a political appointee of the President.

“(B) Qualifications—The Deputy Administrator for Programs and Management shall—

“(i) be a citizen of the United States; and

“(ii) have experience in management and a field directly related to aviation.

changed “(C) Fitness—In appointing an individual as Deputy Administrator for Programs and Management, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator under the circumstances described in subparagraph (E).(F).

“(D) Reporting chain—The Deputy Administrator for Programs and Management reports directly to the Administrator.

“(E) Duties—The Deputy Administrator for Programs and Management shall—

changed “(i) manage the Assistant Administrators and Chief Council Counsel established under subsection (d), except the Assistant Administrator for Rulemaking and Regulatory Improvement; and

“(ii) carry out duties and powers prescribed by the Administrator.

“(F) Succession plan—The Deputy Administrator for Programs and Management acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.

“(G) Compensation

“(i) Annual rate of basic pay—The annual rate of basic pay of the Deputy Administrator for Programs and Management shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator.

“(ii) Exception—A retired regular officer of an Armed Force serving as the Deputy Administrator for Programs and Management is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator for Programs and Management and may elect to receive—

“(I) the pay provided for the Deputy Administrator for Programs and Management under clause (i); or

“(II) the pay and allowances or the retired pay of the military grade held.

“(iii) Reimbursement of expenses—If the Deputy Administrator for Programs and Management elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.

“(3) Deputy Administrator for Safety and Operations

“(A) In general—The Administration has a Deputy Administrator for Safety and Operations, who—

“(i) shall be appointed by the Administrator; and

“(ii) shall not be a political appointee.

“(B) Qualifications—The Deputy Administrator for Safety and Operations shall—

“(i) be a citizen of the United States; and

“(ii) have experience in organizational management and a field directly related to aviation.

changed “(C) Fitness—In appointing an individual as Deputy Administrator for Safety and Operations, the Administrator shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator under the circumstances described in subparagraph (E).(F).

“(D) Reporting chain—The Deputy Administrator for Safety and Operations reports to the Administrator.

“(E) Duties—The Deputy Administrator for Safety and Operations shall—

“(i) manage the Associate Administrators and Chief Operating Officer established under subsection (c) and the Assistant Administrator for Rulemaking and Regulatory Improvement established under subsection (d);

“(ii) develop and maintain a long-term strategic plan of the Administration; and

“(iii) carry out other duties and powers prescribed by the Administrator.

“(F) Succession plan—The Deputy Administrator for Safety and Operations acts for the Administrator when the Administrator and the Deputy Administrator for Programs and Management are absent or unable to serve, or when the office of the Administrator and the Office of the Deputy Administrator for Programs and Management are vacant.

“(G) Compensation—The annual rate of basic pay of the Deputy Administrator for Safety and Operations shall be set by the Administrator but shall not exceed the annual rate of basic pay payable to the Administrator.

“(4) Leadership of the Administration defined—In this section, the term leadership of the Administration means—

“(A) the Administrator under paragraph (1);

“(B) the Deputy Administrator for Programs and Management under paragraph (2); and

“(C) the Deputy Administrator for Safety and Operations under paragraph (3).”

“(c) Associate administrators

“(1) In general—The Administration has Associate Administrators, as determined necessary by the Administrator, including—

“(A) appointed by the Administrator, an Associate Administrator for Aviation Safety, an Associate Administrator for Commercial Space Transportation, an Associate Administrator for Security and Hazardous Materials Safety, a Chief Operating Officer of the Air Traffic Control System; and

“(B) appointed by the President, an Associate Administrator for Airports.

“(2) Qualifications—Associate Administrators shall be citizens of the United States.

“(3) Duties—The Associate Administrators shall carry out duties and powers of their office described in this section and those prescribed by the Administrator.

“(d) Chief Counsel; Assistant Administrators

“(1) In general—The Administration has Assistant Administrators and a Chief Counsel.

“(A) Chief Counsel—The Chief Counsel shall be appointed by the President and shall—

“(i) advise the Administrator on legal matters relating to the responsibilities, functions, and management of the Administration;

“(ii) at the request of the Administrator, provide guidance, counsel, and advice regarding, but shall not have final decision-making authority with regards to, the activities of the Administrator, including—

“(I) rulemaking activities;

“(II) policy and guidance document production;

“(III) exemption and waiver decisions; and

“(IV) certification and approval determinations;

changed “(iii) represent the Administration before the National Transportation Safety Board, Department of Transportation law judges, the Equal Employment Opportunity Commission, Federal Courts courts of the United States, and other bodies and courts courts, as appropriate;

“(iv) pursue enforcement actions on behalf of the Administrator; and

“(v) perform other functions as determined by the Administrator.

“(B) Assistant Administrator for Rulemaking and Regulatory Improvement—The Assistant Administrator for Rulemaking and Regulatory Improvement shall be appointed by the Administrator and shall—

“(i) be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by—

“(I) prioritizing rulemaking projects that are necessary to improve safety;

changed “(II) establishing the Administration’s regulatory agenda; agenda of the Administration; and

“(III) coordinating with offices of the Administration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when required by law;

“(ii) not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement;

“(iii) on an ongoing basis—

“(I) review the Administration’s regulations in effect to improve safety;

“(II) reduce undue regulatory burden;

“(III) replace prescriptive regulations with performance-based regulations, as appropriate;

“(IV) prevent duplicative regulations; and

“(V) increase regulatory clarity and transparency whenever possible;

“(iv) make recommendations for the Administrator’s review under subsection (f)(3)(C)(ii);

changed “(v) receive, coordinate, and respond to petitions for rulemaking and for exemption as provided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition that—petition—

“(I) acknowledging receipt of such petition;

“(II) confirming completeness of such petition;

“(III) providing an initial indication of the complexity of the request and how such complexity may impact the timeline for adjudication; and

“(IV) requesting any additional information, as appropriate, that would assist in the consideration of the petition;

changed “(vi) track the issuance of exemptions and waivers by the Administration to sections of title 14 of the Federal 14, Code of Regulations Federal Regulations, and establish a methodology by which to determine if it would be more efficient and in the public’s interest to amend a rule to reduce the future need of waivers and exemptions; and

“(vii) promulgate regulatory updates as determined more efficient or in the public’s best interest under clause (vi).

“(C) Appointment—Additional Assistant Administrators, as determined necessary by the Administrator, may be appointed by the Administrator.

“(2) Qualifications—The Assistant Administrators shall be a citizen of the United States.

“(3) Duties—The Assistant Administrators shall carry out duties and powers of their office described in this section and those prescribed by the Administrator.

“(4) Management board of the Administration—In this section, the term Management Board of the Administration means—

changed “(A) the Associate Administrators and Chief Operating Office Officer established under subsection (c); and

“(B) the Assistant Administrators and Chief Counsel established under subsection (d).”

“(A) established by executive order; or

“(B) not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Administrator.”

“(B) Approval of Secretary of Transportation

“(i) In general—The Administrator may not issue, unless the Secretary of Transportation approves the issuance of the regulation in advance, a proposed regulation or final regulation that—

“(I) is likely to result in the expenditure by State, local, and Tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act) in any year; or

“(II) is significant.

“(ii) Significant defined—For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation—

“(I) will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act);

“(II) raises novel or serious legal or policy issues that will substantially and materially affect other transportation modes; or

“(III) adversely affect, in a substantial and material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or a State, local, or Tribal government or communities.

changed “(iii) Emergency regulation—In an emergency, the Administrator may issue a final regulation described in clause (i) without prior approval of the Secretary. If the Secretary objects to the such regulation in writing within 5 days (excluding Saturday, Sundays, and legal public holidays) of the issuance, the Administrator shall immediately rescind such regulation.

“(iv) Other regulations—The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation—

“(I) does not require the Secretary’s approval under clause (i) (excluding a regulation issued pursuant to clause (iii)); or

“(II) is a routine or frequent action or a procedural action.

“(v) Timeline—The Administrator shall submit a copy of any proposed or final regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments within 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator within 30 days, the regulation shall be deemed to have been approved by the Secretary.

“(C) Periodic review

“(i) In general—In addition to the review requirements established under section 5.13(d) of title 49, Code of Federal Regulations, the Administrator shall review any significant regulation issued 3 years after the effective date of the regulation.

“(ii) Discretional review—The Administrator may review any regulation that has been in effect for more than 3 years.

“(iii) Substance of review—In performing a review under clause (i) or (ii), the Administrator shall determine if—

“(I) the cost assumptions were accurate;

“(II) the intended benefit of the regulation is being realized;

“(III) the need remains to continue such regulation as in effect; and

“(IV) the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) of title 49, Code of Federal Regulations.

“(iv) Review management—Any periodic review of a regulation under this subparagraph shall be managed by the Assistant Administrator for Rulemaking and Regulatory Improvement, who may task an advisory committee or the Management Advisory Council established under subsection (p) to assist in performing the review.”

“(3) Duties and powers of the Administrator

“(A) In general—The Administrator shall carry out—

“(i) the duties and powers of the Secretary under this subsection related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in—

“(I) subsections (c) and (d) of section 1132;

“(II) sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117;

“(III) chapter 443;

“(IV) chapter 445, except sections 44502(a)(3), 44503, and 44509;

“(V) chapter 447, except sections 44721(b), and 44723;

“(VI) chapter 448;

“(VII) chapter 451;

“(VIII) chapter 453;

“(IX) section 46104;

“(X) subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320;

“(XI) chapter 465;

“(XII) chapter 471;

“(XIII) chapter 475; and

“(XIV) chapter 509 of title 51; and

“(ii) such additional duties and powers as may be prescribed by the Secretary.

“(B) Applicability—Section 40101(d) applies to the duties and powers specified in subparagraph (A).

“(C) Transfer—Any of the duties and powers specified in subparagraph (A) may only be transferred to another part of the Department if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5.

“(D) Administrative finality—A decision of the Administrator in carrying out the duties or powers specified in subparagraph (A) is administratively final.”

changed Section 106 of title 49, United States Code, is further amended inserting after by striking subsection (f) (g) and inserting the following:

“(g) Office of Innovation

“(1) In general—There is established within the Federal Aviation Administration an Office of Innovation (in this subsection referred to as the “Office”) comprised of employees of the Administration who shall—

“(A) have a diverse set of expertise;

“(B) assist the leadership of the Administration and the Management Board of the Administration with—

“(i) scoping complex regulatory issues and drafting documents on topics that span multiple offices or lines of business of the Administration;

“(ii) evaluating internal processes; and

“(iii) positioning the Administration to support aerospace innovation; and

“(C) receive taskings from the leadership of the Administration and the Management Board of the Administration, as determined necessary by such individuals, and work collaboratively with relevant program offices of the Administration, as necessary, to respond to such taskings.

“(2) Appointment of members

changed “(A) Appointments—The Administrator shall appoint a maximum of 15 employees to serve a 2-year term as a member of the Office of Innovation with at least 1 employee appointed from each of the following offices:following:

“(i) Office of Aviation Safety.

“(ii) The Air Traffic Organization.

“(iii) Office of Airports.

“(iv) Office of Security and Hazardous Materials Safety.

“(v) Office of Commercial Space Transportation.

“(vi) Office of the Chief Counsel.

“(vii) Office of Policy, International Affairs, and Environment.

“(B) Consultation—The Office may consult, as necessary, with other personnel of the Administration.

“(3) Selection of members—An employee appointed under paragraph (2)—

“(A) may be appointed from nominations made by Associate Administrators, Assistant Administrators, and the Chief Counsel of the Administration;

“(B) shall not be a senior executive of the Administration;

“(C) shall have been an employee of the Administration for at least 2 years; and

“(D) shall have expertise in the authorities and duties of the respective office of the employee.

“(4) Innovation office lead—The Administrator shall appoint a lead of the Office who shall report to the leadership of the Administration and who—

“(A) may have a set term, as determined by the Administrator;

“(B) shall manage the personnel and activities of such Office; and

“(C) may be a detailed employee of any office of the Administration, notwithstanding the numerical limits placed on appointments in paragraph (2)(A).

“(5) Status—An appointment of an employee to the Office established under this subsection shall not impact the status or position of such employee in the respective office of such employee and such employee shall be considered a detailed employee to the Office of Innovation.

“(6) Resources—The Administrator shall provide resources and staff, as necessary, to the Office to support the activities of the Office described in paragraph (1), not to exceed more than 6 full-time equivalent positions, including any necessary project managers.”

“(h) Technical Center for Advanced Aerospace

“(1) In general—There is established within the Administration a technology center located at the Frank A. LoBiondo National Aerospace Safety and Security Campus to support the advancement of aerospace safety and innovation which shall be known as the “William J. Hughes Technical Center for Advanced Aerospace” (in this subsection referred to as the “Technical Center”) that shall be used by the Administrator and, as permitted by the Administrator, other governmental entities, academia, and the aerospace industry.

“(2) Management—The activities of the Technical Center shall be managed by a Director.

“(3) Activities—The activities of the Technical Center shall include—

“(A) developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by—

“(i) liaising between external persons and offices of the Administration interested in such work;

changed “(ii) providing technical expertise and input input, as appropriate; and

“(iii) providing access to the properties, facilities, and systems of the Technical Center through appropriate agreements;

“(B) managing technology demonstration grants awarded by the Administrator;

changed “(C) identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control system, system and working with relevant offices of the Administration to consider the use and integration of such software, systems, services, and technologies, as appropriate;

“(D) supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, systems, and technologies of such collocated facilities and tenants;

“(E) managing the facilities of the Technical Center and the Frank A. LoBiondo National Aerospace Safety and Security Campus; and

changed “(F) carrying out any other duties as determined appropriate by the Administrator.”

changed Section 106 of title 49, United States Code, is further amended by striking subsection (i) and inserting the following:

“(i) FAA Ombudsman

“(1) Establishment—There is established within the Federal Aviation Administration an Ombudsman who shall coordinate or facilitate the adjudication of covered submissions.

“(2) Ombudsman

“(A) In general—The Ombudsman shall be appointed by the Administrator and report to the Assistant Administrator for Government and Industry Affairs.

“(B) Term—The Ombudsman shall be appointed for a term of 5 years.

“(3) Duties—The duties of the Ombudsman shall be as follows:

changed “(A) work Work with the relevant offices within the Administration to—

“(i) with respect to a covered submission, resolve, provide a status update, or provide clarity on the status of such submissions;

“(ii) bring to the attention of the relevant office of the Administration concerns, as necessary, regarding Administration processes or considerations discovered while coordinating an activity related to a covered submission under this subsection; and

changed “(iii) address any gaps and communication lapses in Administration coordination processes;processes.

changed “(B) determine Determine if, based on a coordinated activity carried out under this subsection, reconsideration with respect to covered submissions or administrative actions are necessary and report to the Administrator or the relevant office within the Administration with recommendations relating to such reconsideration;reconsideration.

changed “(C) determine Determine if trends materialize that could warrant process, procedural, or resource changes and report recommendations regarding such changes to the Administrator and relevant offices within the Administration;Administration.

changed “(D) ensure Ensure that reporting, processing, or dispute resolution mechanisms within the Administration are transparent and accessible to the public, and facilitate the use of such reporting, processing, or dispute resolution mechanisms, when appropriate; andappropriate.

changed “(E) perform Perform other duties as prescribed by the Assistant Administrator.

“(4) Discretion on coordination and review

“(A) In general—The Ombudsman shall determine whether to coordinate a review of a covered submission in order to provide a response, coordinate the reconsideration of an administrative action, or take no additional action. In making a determination under this subparagraph, the Ombudsman shall consider—

“(i) whether there are reporting, processing, or dispute resolution mechanisms that have not been exhausted or that may be more appropriate for dealing with, investigating, and responding to such covered submission;

“(ii) whether the subject or outcome of a covered submission is alleged to be—

“(I) contrary to law or regulation;

“(II) arbitrary and capricious; or

“(III) performed in an unreasonably inefficient or untimely manner; and

“(iii) such other factors as the Ombudsman considers appropriate.

“(B) Exception—With regard to a covered submission concerning an activity relating to an alleged violation of an order, a regulation, or any other provision of Federal law by the Administration or whistleblower retaliation, the Ombudsman shall refer such covered submission to the appropriate Federal entity to adjudicate or investigate the subject of such submission.

“(C) Cooperation—The Administrator shall ensure that the officers and employees of the Administration fully cooperate with the activities of the Ombudsman and provide such information, documents, or materials as may be requested by the Ombudsman.

changed “(5) Response requirement—The Ombudsman shall ensure that the Administration provides an initial response to or status update on a covered submissions within 10 business days of the Ombudsman receiving such submission.

“(6) Definitions—In this subsection:

“(A) Administrative action—The term administrative action means—

“(i) an action taken by the Administrator of the Federal Aviation Administration to issue, deny, modify, or revoke a certificate, registration, approval, waiver, license, exemption, determination, interpretation, or any other authorizing action; or

“(ii) the lack of any action (or activity related to an action) described in clause (i) necessary to be taken by the Administrator.

“(B) Covered submission—The term covered submission means an inquiry or objection relating to—

“(i) an aircraft, aircraft engine, propeller, or appliance certification;

“(ii) a pilot certificate, including scheduling an associated appointment with Administration personnel or designees;

“(iii) a medical certificate;

“(iv) an operator certificate;

“(v) a commercial space transportation license;

“(vi) an aircraft registration;

“(vii) an operational approval, waiver, or exemption;

“(viii) a legal interpretation;

“(ix) an outstanding determination;

“(x) an application of agency guidance; and

“(xi) any certificate not otherwise described in this subparagraph that is issued pursuant to chapter 447.”

changed Section 106(j) of title 49, United States Code, is amended by striking “There is” and inserting “Civil Aeromedical Institute.—There is”.

changed Section 106 of title 49, United States Code, is further amended—

“(p) Management advisory council

“(1) Establishment—The Administrator shall establish an advisory council which shall be known as the Federal Aerospace Management Advisory Council (in this subsection referred to as the “Council”).

“(2) Membership—The Council shall consist of 13 members, who shall consist of—

“(A) a designee of the Secretary of Transportation;

“(B) a designee of the Secretary of Defense;

“(C) 5 members representing aerospace and technology interests, appointed by the Administrator;

“(D) 5 members representing aerospace and technology interests, appointed by the Secretary of Transportation; and

“(E) 1 member, appointed by the Secretary of Transportation, who is the head of a union representing air traffic control system employees.

changed “(3) Qualifications—No officer or employee of the United States Government may be appointed to the Council under subparagraphs subparagraph (C) and or (D) of paragraph (2).

“(4) Functions

“(A) In general

“(i) Advise; counsel—The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the activities of the Administrator.

“(ii) Resource—The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administrator.

“(iii) Submissions to Administration—With respect to Administration management, policy, spending, funding, data management and analysis, safety initiatives, international agreements, activities of the International Civil Aviation Organization, and regulatory matters affecting the aerospace industry and the national airspace system, the Council may—

“(I) regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and

“(II) request the Administrator include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting or supporting views received from the Council under subclause (I).

“(iv) Reasoning—Together with a Council submission that is published or described under clause (iii)(II), the Administrator shall provide the reasons for any differences between the views of the Council and the views or actions of the Administrator.

“(v) Cost-benefit analysis—The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.

“(vi) Process review—The Council shall review the process through which the Administration determines to use advisory circulars, service bulletins, and other externally facing guidance and regulatory material.

changed “(B) Meetings—The Council shall meet on a regular and periodic basis or at the call of the chairman chair or of the Administrator.

“(C) Access to documents and staff—The Administration may give the Council appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), cost data associated with the acquisition and operation of air traffic service systems.

“(D) Disclosure of commercial or proprietary data—Any member of the Council who receives commercial or other proprietary data as provided for in this paragraph from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.

“(5) Application of Chapter 10 of title 5—Chapter 10 of title 5 does not apply to—

“(A) the Council;

“(B) such aviation rulemaking committees as the Administrator shall designate; or

“(C) such aerospace rulemaking committees as the Secretary shall designate.

“(6) Administrative matters

“(A) Terms—Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years.

“(B) Term for air traffic control representative—The member appointed under paragraph (2)(D) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(D).

“(C) Vacancy—Any vacancy on the Council shall be filled in the same manner as the original appointment, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.

“(D) Continuation in office—A member of the Council whose term expires shall continue to serve until the date on which the member’s successor takes office.

“(E) Removal—Any member of the Council appointed under paragraph (2) may be removed for cause by whomever makes the appointment.

changed “(F) Chairman; Chair; vice chairman—The chair—The Council shall elect a chair and a vice chair from among the members appointed under subparagraphs (C) and (D) of paragraph (2), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chairman chair in the absence of the chairman.chair.

“(G) Travel and per diem—Each member of the Council shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of the member, in accordance with section 5703 of title 5.

“(H) Detail of personnel from the administration—The Administrator shall make available to the Council such staff, information, and administrative services and assistance as may reasonably be required to enable the Council to carry out its responsibilities under this subsection.”

“(q) Aviation Noise Officer

“(1) In general—The Administration has an Aviation Noise Officer, who shall be appointed by the Administrator.

changed “(2) Duties—The Regional officers—The Aviation Noise Officer shall—shall designate, within each region of the Administration, a Regional Aviation Noise Officer.

added “(3) Duties—The Aviation Noise Officer, in coordination with the Regional Aviation Noise Officers, shall—

“(A) serve as a liaison with the public, including community groups, on issues regarding aircraft noise;

“(B) make recommendations to the Administrator to address concerns raised by the public in decision making processes; and

“(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.

added “(4) Number of full-time equivalent employees—The appointment of an Aviation Noise Officer under this subsection shall not result in an increase in the number of full-time equivalent employees in the Administration.”

removed “(3) Number of full-time equivalent employees—The appointment of an Aviation Noise Officer under this subsection shall not result in an increase in the number of full-time equivalent employees in the Administration.”

changed Subsection Section 106(r) of title 49, United States Code, is amended—

“(A) Appointment—There shall be a Chief Operating Officer for the air traffic control system that is appointed by the Administrator and subject to the authority of the Administrator.”

“(A) the state of good repair of the air traffic control system;

“(B) the continuous improvement of the safety and efficiency of the air traffic control system; and

“(C) identifying services and solutions to increase the safety and efficiency of airspace use and to support the safe integration of all airspace users.”

“(v) plans to integrate new entrant operations into the national airspace system and associated action items.”

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

“(A) Establishment—There shall be a Chief Technology Officer for the air traffic control system that shall report directly to the Chief Operating Officer of the air traffic control system.”

changed “(B) Post-employment—The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that such title.”

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

“(7) Department of Transportation Office of the Inspector General peer review

“(A) In general—Not later than 2 years after the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act, and every 5 years thereafter, the inspector general of the Department of Transportation shall perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations.

changed “(B) Peer review scope—In completing the peer reviews required under this paragraph, the inspector general shall use the most recent peer review guides published by the Council of the inspector general Inspectors General on Integrity and Efficiency Audit Committee and Investigations Committee.

“(C) Reports to Congress—Not later than 90 days after the completion of a peer review required under this paragraph, the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a description of any actions taken or to be taken to address the results of the peer review.”

changed “(d) Non-Compliant Non-compliant airports

“(1) In general—The Secretary shall include in the plan a detailed statement listing airports the Secretary has reason to believe are not in compliance with grant assurances or other requirements with respect to airport lands and shall include—

“(A) the circumstances of noncompliance;

“(B) the timeline for corrective action with respect to such noncompliance; and

“(C) any corrective action the Secretary intends to require to bring the airport sponsor into compliance.

“(2) Listing—The Secretary is not required to conduct an audit or make a final determination before including an airport on the list referred to in paragraph (1).”

“(c) Report sunset—Subsection (a) shall cease to be effective after September 30, 2028.”

“(2) the individual holds a medical certificate issued by the Federal Aviation Administration or has held such a certificate at any time after July 14, 2006;”

changed “(h) Report required—Not later than 4 years after the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act, the Administrator, in coordination with the National Transportation Safety Board, shall submit to the appropriate committees Committee on Transportation and Infrastructure of Congress the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.”

“44114. Privacy

“(a) In general—Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall establish and continuously improve a process by which, upon request of a private aircraft owner or operator, the Administrator blocks the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any public dissemination or display (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement) for the noncommercial flights of the owner or operator.

changed “(b) Withholding personally identifiable information on the aircraft registry—Not later than 1 year after the date of enactment of this Act section and notwithstanding any other provision of law, the Administrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from public disclosure (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement) the personally identifiable information of such individual on the Civil Aviation Registry website.

“(c) ICAO aircraft identification code

“(1) In general—The Administrator shall establish a program for aircraft owners and operators to apply for a new ICAO aircraft identification code.

“(2) Limitations—In carrying out the program described in paragraph (1), the Administrator shall require—

“(A) each applicant to substantiate the safety or security need in applying for a new ICAO aircraft identification code; and

“(B) each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or related to, part 45 of title 14, Code of Federal Regulations, including updating an aircraft’s registration number and N–Number to reflect such aircraft’s new ICAO aircraft identification code.

“(d) Decoupling Mode S codes—The Administrator shall develop a plan for which the Administrator could allow for a process to disassociate an assigned Mode S code with the number assigned to an aircraft that is registered pursuant to section 44103.

“(e) Definitions—In this section:

“(1) ADS–B—The term ADS–B means automatic dependent surveillance-broadcast.

“(2) ICAO—The term ICAO means the International Civil Aviation Organization.

“(3) Personally identifiable information—The term personally identifiable information means—

“(A) the mailing address or registration address of an individual;

“(B) an electronic address (including an e-mail address) of an individual; or

“(C) the telephone number of an individual.”

Section 46101 of title 49, United States Code, is amended by adding at the end the following:

changed “(c) Prohibition on using ADS–B data To to initiate an investigation

“(1) In general—Notwithstanding any provision of this section, the Administrator of the Federal Aviation Administration may not initiate an investigation (excluding a criminal investigation) of a person based exclusively on automatic dependent surveillance-broadcast data.

“(2) Rule of construction—Nothing in this subsection shall prohibit the use of automatic dependent surveillance-broadcast data in an investigation that was initiated for any reason other than the review of automatic dependent surveillance-broadcast data, including if such investigation was initiated as a result of a report or complaint submitted to the Administrator.”

“(c) Waiving restrictions

“(1) In general—Subject to paragraph (2), the Secretary may grant to an airport, city, or county a waiver of any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 Stat. 179), section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or this section.

“(2) Conditions—Any waiver granted by the Secretary pursuant to paragraph (1) shall be subject to the following conditions:

“(A) The applicable airport, city, county, or other political subdivision shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its current fair market value.

“(B) Any consideration received by the airport, city, or county under subparagraph (A) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county.

“(C) Such waiver—

“(i) will not significantly impair the aeronautical purpose of an airport;

“(ii) will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or

“(iii) is necessary to protect or advance the civil aviation interests of the United States.

“(D) Any other conditions required by the Secretary.

“(3) Annual reporting—The Secretary shall include a list and description of each waiver granted pursuant to paragraph (1) in the report required under section 47131.”

“(d) Waiver of condition—The Secretary may not waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose unless the Secretary provides public notice not less than 30 days before the issuance of such waiver and determines that such waiver—

“(1) will not significantly impair the aeronautical purpose of an airport;

“(2) will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or

“(3) is necessary to protect or advance the civil aviation interests of the United States.”

“(f) Reversions of property—The Secretary shall take all necessary action to revert surplus property conveyed under this subchapter back to the United States if—

“(1) the Secretary determines that an instrument conveying an interest in surplus property under this subchapter incorporates a provision providing for the reversion of such property in the event the property is not used for aeronautical purposes;

“(2) other efforts by the Secretary to ensure that the property is used by the relevant airport sponsor is used for aeronautical purposes are unsuccessful; and

“(3) the Secretary determines that a reversion—

“(A) will result in the property being used for aeronautical purposes; or

“(B) will not transfer liabilities, including environmental liabilities, greater than the fair market value of the property to the Government.”

“(c) Restrictions on waiver—Notwithstanding subsections (a) and (b), the Secretary may not waive any term under this section that an interest in land be used for an aeronautical purpose unless—

“(1) the Secretary provides public notice not less than 30 days before the issuance of a waiver; and

“(2) the Secretary determines that such waiver—

“(A) will not significantly impair the aeronautical purpose of an airport;

“(B) will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or

“(C) is necessary to protect or advance the civil aviation interests of the United States.”

“(f) Validity of aircraft registration during renewal

“(1) In general—An aircraft may be operated on or after the expiration date found on the certificate of registration issued for such aircraft under this section as if it were not expired if the operator of such aircraft has aboard the aircraft—

“(A) documentation validating that—

“(i) an aircraft registration renewal application form (AC Form 8050–1B, or a succeeding form) has been submitted to the Administrator for such aircraft but not yet approved or denied; and

“(ii) such aircraft is compliant with maintenance, inspections, and any other requirements for the aircraft’s airworthiness certificate issued under section 44704(d); and

“(B) the most recent aircraft registration.

“(2) Proof of pending renewal application—The Administrator shall provide an applicant for renewal of registration under this section with documentation described in paragraph (1)(A). Such documentation shall—

“(A) be made electronically available to the applicant immediately upon submitting an aircraft registration renewal application to the Civil Aviation Registry for an aircraft;

“(B) notify the applicant of the operational allowance described in paragraph (1);

changed “(C) deems deem an aircraft’s airworthiness certificate issued under section 44704(d) as valid provided that the applicant confirms acknowledgment of the requirements of paragraph (1)(A)(ii);

“(D) confirm the applicant acknowledged the limitations described in paragraph (3)(A) and (3)(B); and

“(E) include identifying information pertaining to such aircraft and to the registered owner.

“(3) Rule of construction—Nothing in this subsection shall be construed to permit any person to operate an aircraft—

“(A) with an expired registration, except as specifically provided for under this subsection; or

“(B) if the Administrator has denied an application to renew the registration of such aircraft.”

“45307. Exemption of fees for air traffic services

changed “(a) Requirement To to provide services and related support—The Administrator shall provide or ensure the provisioning of air traffic services and aviation safety support for large, multiday aviation events, including airshows and fly-ins, where the average daily number of manned operations were 1,000 or greater in at least 1 of the preceding 3 years, without the imposition or collection of any fee, tax, or other charge for that purpose. Amounts for the provision of such services and support shall be derived from amounts appropriated or otherwise available for the Administration.

changed “(b) Determination of services and support To to be provided—In determining the services and support to be provided for an aviation event for purposes of subsection (a), the Administrator shall take into account the following:

“(1) The services and support required to meet levels of activity at prior events, if any, similar to the event.

“(2) The anticipated need for services and support at the event.”

Section 625(b)(1) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended by striking “section 48105” and all that follows through the period at the end and inserting the following:

changed “(A) $15,000,000 for each of fiscal years 2024 through 2026 is authorized to be expended to provide grants under the program established under subsection (a)(1);(a)(1); and

changed “(B) $15,000,000 for each of fiscal years 2024 through 2026 is authorized to provide grants under the program established under subsection (a)(2); and(a)(2).

“(C) $15,000,000 for each of fiscal years 2024 through 2026 is authorized to be expended to provide grants under the program established under subsection (a)(3).”

“120. National Center for the Advancement of Aerospace

“(a) Federal charter and status

“(1) In general—The National Center for the Advancement of Aerospace (in this section referred to as the “Center”) is a federally chartered entity which shall be incorporated in the District of Columbia. The Center is a private independent entity, not a department, agency, or instrumentality of the United States Government or a component thereof. Except as provided in subsection (f)(1), an officer or employee of the Center is not an officer or employee of the Federal Government.

“(2) Perpetual existence—Except as otherwise provided, the Center shall have perpetual existence.

“(b) Governing body

“(1) In general—The Board of Directors (in this section referred to as the “Board”) is the governing body of the Center.

“(2) Authority

“(A) In general—The Board shall adopt bylaws, policies, and procedures to carry out the purpose of the Center and may take any other action that it considers necessary (in accordance with the duties and powers of the Center) for the management and operation of the Center. The Board is responsible for the general policies and management of the Center and for the control of all funds of the Center.

“(B) Powers of Board—The Board shall have the power to do the following:

“(i) Adopt and alter a corporate seal.

“(ii) Establish and maintain offices to conduct its activities.

“(iii) Enter into contracts or agreements as a private entity not subject to the requirements of title 41.

“(iv) Acquire, own, lease, encumber, transfer, and dispose of property as necessary and appropriate to carry out the purposes of the Center.

“(v) Publish documents and other publications in a publicly accessible manner.

“(vi) Incur and pay obligations as a private entity not subject to the requirements of title 31.

“(vii) Perform any other act necessary and proper to carry out the purposes of the Center as described in its bylaws or duties outlined in this section.

“(3) Membership of the Board

“(A) In general—The Board shall have 10 Directors as follows:

“(i) Ex-officio membership—The following individuals, or their designees, shall be considered ex-officio members of the Board:

“(I) The Administrator of the Federal Aviation Administration.

“(II) The Executive Director, pursuant to paragraph (5)(D).

“(ii) Appointments

“(I) In general—From among those members of the public who are highly respected and have exert knowledge and experience in the fields of aviation, finance, or academia—

“(aa) the Secretary of Transportation shall appoint 5 members to the Board;

“(bb) the Secretary of Defense shall appoint 1 member to the Board;

“(cc) the Secretary of Veterans Affairs shall appoint 1 member to the Board; and

“(dd) the Secretary of Education shall appoint 1 member to the Board.

“(II) Terms

“(aa) In general—The members appointed under subclause (I) shall serve for a term of 3 years and may be reappointed.

“(bb) Staggering terms—The Board shall stagger the duration of the terms of the initial members appointed to promote the stability of the Board.

“(B) Vacancies—A vacancy on the Board shall be filled in the same manner as the initial appointment.

“(C) Status—All Members of the Board shall have equal voting powers, regardless if they are ex-officio members or appointed.

“(4) Chair of the board—The Board shall choose a Chair of the Board from among the members of the Board that are not ex-officio members under paragraph (3)(A)(i).

“(5) Administrative matters

“(A) Meetings

“(i) In general—The Board shall meet at the call of the Chair but not less than 2 times each year and may, as appropriate, conduct business by telephone or other electronic means.

“(ii) Open

“(I) In general—Except as provided in subclause (II), a meeting of the Board shall be open to the public.

“(II) Exception—A meeting, or any portion of a meeting, may be closed if the Board, in public session, votes to close the meeting because the matters to be discussed—

“(aa) relate solely to the internal personnel rules, practices, and matters of the Center;

“(bb) may result in disclosure of commercial or financial information obtained from a person that is privileged or confidential;

“(cc) may disclose information of a personal nature where disclosure would constitute an unwarranted invasion of personal privacy; or

“(dd) are matters that are specifically exempted from disclosure by Federal or District of Columbia law.

“(iii) Public announcement—At least 1 week before a meeting of the Board, and as soon as practicable thereafter if there are any changes to the information described in subclauses (I) through (III), the Board shall make a public announcement of the meeting that describes—

“(I) the time, place, and subject matter of the meeting;

“(II) whether the meeting is to be open or closed to the public; and

“(III) the name and appropriate contact information of a person who can respond to requests for information about the meeting.

“(iv) Record—The Board shall keep minutes from each Board meeting. Such minutes shall be made available to the public in an accessible format, except for portions of the meeting that are closed pursuant to subparagraph (A)(ii)(II).

“(B) Quorum—A majority of members of the Board shall constitute a quorum.

“(C) Code of ethics—The Board shall adopt a code of ethics for Directors, officers, agents, and employees of the Center to—

“(i) prevent inappropriate conflicts of interest and promote good employee conduct; and

“(ii) at a minimum, prohibit any member of the Board from participating in any proceeding, application, ruling, or other determination, contract claim, award, controversy, or other matter in which the member, the member’s employer or prospective employer, or the member’s immediate family member has a direct financial interest.

“(D) Executive Director—The Board shall appoint and fix the pay of an Executive Director of the Center (in this section referred to as the “Executive Director”) who shall—

“(i) serve as an ex officio Member of the Board;

“(ii) serve at the pleasure of the Board, under such terms and conditions as the Board shall establish;

“(iii) is subject to removal by the Board at the discretion of the Board; and

“(iv) be responsible for the daily management and operation of the Center and for carrying out the purposes and duties of the Center.

“(E) Appointment of personnel—The Board shall delegate to the Executive Director the authority to appoint additional personnel as the Board considers appropriate and necessary to carry out the purposes and duties of the Center.

“(6) Records—The Board shall keep correct and complete records of accounts.

“(7) Public information—With the exception of the matters described in subsection (b)(5)(A)(ii)(II), nothing in this section may be construed to withhold disclosure of information or records that are subject to disclosure under section 552 of title 5.

“(c) Purpose—The purpose of the Center is to—

“(1) develop a skilled and robust aerospace workforce in the United States;

“(2) provide a forum to support collaboration and cooperation between governmental, nongovernmental, and private aerospace sector stakeholders regarding the advancement of the aerospace workforce, including general, business, and commercial aviation, education, labor, manufacturing, international organizations, and commercial space transportation organizations;

changed “(3) serve as a repository for research conducted by institutions of higher education, research institutions, or other stakeholders regarding the aerospace workforce and related technical and skill development; anddevelopment.

“(4) serve as a centralized resource that provides comprehensive and relevant information sources on the following:

“(A) Aviation pathway programs and professional development opportunities.

“(B) Aviation apprenticeship, scholarship, and internship programs.

“(C) Aviation-related curricula and resources about aviation occupations and career pathways developed for students, teachers, and guidance counselors at all levels of education.

“(D) Aviation industry organizations.

“(d) Duties—In order to accomplish the purpose described in subsection (c), the Center shall perform the following duties:

“(1) Improve access to aerospace education and related skills training to help grow the U.S. aerospace workforce, including by—

“(A) assessing the state of the aerospace workforce, including challenges and identifying actions to address such challenges;

“(B) developing a comprehensive workforce strategy to help coordinate workforce development initiatives;

“(C) establishing or supporting apprenticeship, scholarship, internship, and mentorship programs that assist individuals who wish to pursue a career in an aerospace-related field;

changed “(D) supporting the development of aerospace education curricula, including syllabi, training materials, and lesson plans, for use by an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));7801)); and

changed “(E) building awareness of youth-oriented aerospace programs and other robust outreach programs, including for primary, secondary, and post-secondary school students;students.

“(F) supporting the professional development of teachers using the curricula, syllabi, training materials, and lesson plans described in subparagraph (D); and

“(G) developing an array of educational and informative aviation-related educational activities and materials for students of varying ages and levels of education to use in the classroom and at home.

“(2) Support personnel or veterans of the Armed Forces seeking to transition to a career in aerospace through outreach, training, scholarships, apprenticeships, or other means.

“(3) Amplify and support the work carried out at the Centers of Excellence and Technical Centers of the Federal Aviation Administration regarding the aerospace workforce, or related technical and skills advancement, including organizing and hosting symposiums, conferences, and other forums as appropriate.

“(4) Administer on behalf of the Secretary of the Department of Transportation the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program established by subsection (a) of 40131.

changed “(e) Duty To to maintain tax-Exempt tax-exempt status—The Center shall be operated in a manner and for purposes that qualify the Center for exemption from taxation under the Internal Revenue Code as an organization described in section 501(c)(3) of such Code.

“(f) Administrative matters of Center

“(1) Detailees

“(A) In general—At the request of the Center, the head of any Federal agency or department may, at the discretion of such agency or department, detail to the Center, on a reimbursable basis, an employee of the agency or department.

“(B) Civil servant status—The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege.

“(2) Names and symbols—The Center may accept, retain, and use proceeds derived from the Center’s use of the exclusive right to use its name and seal, emblems, and badges incorporating such name as lawfully adopted by the Board in furtherance of the purpose and duties of the Center.

“(3) Gifts, grants, bequests, and devises—The Center may accept, retain, use, and dispose of gifts, grants, bequests, or devises of money, services, or property from any public or private source for the purpose of covering the costs incurred by the Center in furtherance of the purpose and duties of the Center.

“(4) Voluntary services—The Center may accept voluntary services from any person that are provided in furtherance of the purpose and duties of the Center.

“(g) Restrictions

“(1) Profit—The Center may not engage in business activity for profit.

“(2) Stocks and dividends—The Center may not issue any shares of stock or declare or pay any dividends.

“(3) Political activities—The Center shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party. The Center may not engage in activities that are, directly, or indirectly, intended to be or likely to be perceived as advocating or influencing the legislative process.

“(4) Distribution of income or assets—The assets of the Center may not inure to the benefit of any member of the Board, or any officer or employee of the Center or be distributed to any person. This paragraph does not prevent the payment of reasonable compensation to any officer, employee, or other person or reimbursement for actual and necessary expenses in amounts approved by the Board.

“(5) Loans—The Center may not make a loan to any member of the Board or any officer or employee of the Center.

“(6) No claim of governmental approval or authority—Except as otherwise provided by section 40131, the Center may not claim approval of Congress or of the authority of the United States for any of its activities.

“(h) Advisory committee

“(1) In general—The Executive Director shall appoint members to an advisory committee subject to approval by the Board. Members of the Board may not sit on the advisory committee.

“(2) Membership—The advisory committee shall consist of not more than 15 members who represent various aviation industry and labor stakeholders, stakeholder associations, and others as determined appropriate by the Board. The advisory committee shall select a Chair and Vice Chair from among its members by majority vote.

“(3) Duties—The advisory committee shall—

“(A) provide recommendations to the Board on an annual basis regarding the priorities for the activities of the Center;

“(B) consult with the Board on an ongoing basis regarding the appropriate powers of the Board to accomplish the purposes and duties of the Center; and

“(C) provide relevant data and information to the Center in order to carry out the duties set forth in subsection (d).

“(4) Meetings—The provisions for meetings of the Board under subsection (b)(5) shall apply as similarly as is practicable to meetings of the advisory committee.

“(i) Working groups

“(1) In general—The Board may establish working groups as determined necessary and appropriate to achieve the purpose of the Center under subsection (c).

“(2) Membership—Any working group established by the Board shall be composed of private sector representatives, stakeholder associations, members of the public, labor representatives, and other relevant parties, as determined appropriate by the Board. Once established, the membership of such working group shall choose a Chair from among the members of the working group by majority vote.

“(j) CAREER Council

“(1) Establishment—Not later than September 30, 2026, the Executive Director, in coordination with the Secretary, shall establish a council (in this section referred to as the “CAREER Council”) for the CAREER Program established under section 40131.

“(2) Duties—The CAREER Council shall aid the Secretary and the Center in carrying out the CAREER Program by reviewing grant applications and recommending grant recipients.

“(3) Appointment—The CAREER Council shall be appointed from candidates nominated by national associations representing various sectors of the aviation industry, including—

“(A) general aviation;

“(B) commercial aviation;

“(C) aviation labor, including collective bargaining representatives of Federal Aviation Administration aviation safety inspectors, aviation safety engineers, and air traffic controllers;

“(D) aviation maintenance, repair, and overhaul; and

“(E) unmanned aviation.

“(4) Term—Each council member appointed under paragraph (3) shall serve a term of 4 years.

“(k) Annual report—The Board shall submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that, at minimum, includes a review and examination of—

“(1) the activities performed as set forth in subsection (d) during the prior fiscal year;

“(2) the advisory committee described in subsection (h);

“(3) the working groups described in subsection (i); and

“(4) the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program and related activities established under section 40131, including activities of the CAREER Council established under subsection (j).

“(l) Audit by Department of Transportation inspector general

“(1) In general—Not later than 2 years after the date on which the Center is established under subsection (a), the inspector general of the Department of Transportation shall conduct a review of the Center.

“(2) Contents—The review shall—

“(A) include, at a minimum, an evaluation of the efforts taken at the Center to achieve the purpose set forth in subsection (c); and

“(B) provide any other information that the inspector general determines is appropriate.

“(3) Report on audit

“(A) Report to Secretary—Not later than 30 days after the date of completion of the audit, the inspector general shall submit to the Secretary a report on the results of the audit.

“(B) Report to Congress—Not later than 60 days after the date of receipt of the report under subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit.

“(m) Authorization of appropriations—There is authorized to be appropriated to the National Center for the Advancement of Aerospace out of the Airport and Airway Trust Fund to carry out this section—

“(1) $10,000,000 for fiscal year 2024;

“(2) $10,000,000 for fiscal year 2025;

“(3) $10,000,000 for fiscal year 2026;

“(4) $11,000,000 for fiscal year 2027; and

“(5) $11,000,000 for fiscal year 2028.”

Section 40104 of title 49, United States Code, is amended—

“(1) “air carrier” has the meaning given the term in section 40102.”

“(iii) a secondary runway at a nonhub airport that is equivalent in size and type to the primary runway of such airport.”

“(S) construction or renovation of childcare facilities for the exclusive use of airport employees or other individuals who work on airport property, including for air carriers and airport concessionaires.

“(T) advanced digital construction management systems and related technology used in the planning, design and engineering, construction, operations, and maintenance of airport facilities.

“(U) an improvement of any runway, taxiway, or apron that would be necessary to sustain commercial service flight operations or permit the resumption of flight operations under visual flight rules following a natural disaster at—

“(i) a primary airport; or

“(ii) a general aviation airport that is designated as a Federal staging area by the Administrator of the Federal Emergency Management Agency.

“(V) any other activity that the Secretary concludes will reasonably improve or contribute to the maintenance of the safety, efficiency, or capacity of the airport.”

added “(D) assessing current and future electrical power demand.”

“(9) “heliport”—

“(A) means an area of land, water, or structure used or intended to be used for the landing or takeoff of aircraft capable of vertical takeoff and landing profiles; and

“(B) includes a vertiport.”

“(30) “vertiport” means an area of land, water, or structure used or intended to be used for the landing or takeoff of powered-lift aircraft capable of vertical takeoff and landing profiles.”

Section 47107(t)(2) of title 49, United States Code, is amended—

“(D) that—

“(i) supports the operation of military aircraft by the Air Force or Air National Guard—

“(I) at the airport; or

“(II) remotely from the airport; or

changed “(ii) is for the use of non-aeronautical nonaeronautical land or facilities of the airport by the National Guard.”

Section 47107(v) of title 49, United States Code, is amended to read as follows:

“(v) Community use of airport land

“(1) In general—Notwithstanding subsections (a)(13), (b), and (c), and subject to paragraph (2), the sponsor of a public-use airport shall not be considered to be in violation of this subtitle, or to be found in violation of a grant assurance made under this section, or under any other provision of law, as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor has—

“(A) entered into an agreement, including a revised agreement, with a local government providing for the use of airport property for an interim compatible recreational purpose at below fair market value; or

“(B) permanently restricted the use of airport property to compatible recreational and public park use without paying or otherwise obtaining payment of fair market value for the property.

“(2) Restrictions

“(A) Interim compatible recreational purpose—Paragraph (1) shall apply, with respect to a sponsor that has taken the action described in subparagraph (A) of such paragraph, only—

“(i) to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration’s Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999;

“(ii) if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section;

“(iii) to airport property that was acquired under a Federal airport development grant program;

“(iv) if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years;

“(v) if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose;

“(vi) if the recreational purpose will not impact the aeronautical use of the airport;

changed “(vii) if the airport sponsor provides a certification that the sponsor is not responsible for preparation, start-up, startup, operations, maintenance, or any other costs associated with the recreational purpose; and

“(viii) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502.

“(B) Permanent recreational use—Paragraph (1) shall apply, with respect to a sponsor that has taken the action described in subparagraph (B) of such paragraph, only—

“(i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to December 30, 1987;

“(ii) to airport property that has been continuously used as a recreational and public park since January 1, 1995;

“(iii) if the airport sponsor has provided a written statement to the Administrator that the property to be permanently restricted for recreational and public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time after such statement is provided;

“(iv) if the recreational and public park use does not impact the aeronautical use of the airport;

“(v) if the airport sponsor provides a certification that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational and public park use;

“(vi) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502;

changed “(vii) if, in the event the airport sponsor leases the property, the lease will be to a local government entity or non-profit nonprofit entity to operate and maintain the property at no cost the airport sponsor; and

“(viii) if, in the event the airport sponsor sells the property, the sale will be to a local government entity and subject to a permanent deed restriction ensuring compatible airport use under regulations issued pursuant to section 47502.

“(3) Revenue from certain sales of airport property—Notwithstanding any other provision of law, an airport sponsor selling a portion of airport property as described in paragraph (2)(B)(viii)(II) may—

“(A) sell such portion of airport property for less than fair market value; and

“(B) subject to the requirements of subsection (b), retain the revenue from the sale of such portion of airport property.

“(4) Statutory construction—Nothing in this subsection may be construed as permitting a diversion of airport revenue for the capital or operating costs associated with the community use of airport land.”

Section 47108 of title 49, United States Code, is amended—

“(b) Increasing government share

changed “(1) In general—Except as provided in paragraphs paragraph (2) or (3), the amount stated in an offer as the maximum amount the Government will pay may not be increased when the offer has been accepted in writing.

“(2) Exception—For a project receiving assistance under a grant approved under this chapter or chapter 475, the amount may be increased—

“(A) for an airport development project, by not more than 15 percent; and

“(B) to acquire an interest in land for an airport (except a primary airport), by not more than the greater of the following, based on current creditable appraisals or a court award in a condemnation proceeding:

“(i) 15 percent; or

“(ii) 25 percent of the total increase in allowable project costs attributable to acquiring an interest in land.

“(3) Price adjustment provisions

“(A) In general—The Secretary may incorporate a provision in a project grant agreement under which the Secretary agrees to pay more than the maximum amount otherwise specified in the agreement if the Secretary finds that commodity or labor prices have increased since the agreement was made.

“(B) Decrease in costs—A provision incorporated in a project grant agreement under this paragraph shall ensure that the Secretary realizes any financial benefit associated with a decrease in material or labor costs for the project.”

“(i) Small airport letters of intent

“(1) In general—The Secretary may issue a letter of intent to a sponsor stating an intention to obligate an amount from future budget authority for an airport development project (including costs of formulating the project) at a nonhub airport or an airport that is not a primary airport. The letter shall establish a schedule under which the Secretary will reimburse the sponsor for the Government’s share of allowable project costs, as amounts become available, if the sponsor, after the Secretary issues the letter, carries out the project without receiving amounts under this subchapter.

“(2) Limitations—The amount the Secretary intends to obligate in a letter of intent issued under this subsection shall not exceed the larger of—

“(A) the Government’s share of allowable project costs; or

“(B) $10,000,000.

“(3) Financing—Allowable project costs under paragraph (1) may include costs associated with making payments for debt service on indebtedness incurred to carry out the project.

“(4) Requirements—The Secretary shall only issue a letter of intent under paragraph (1) if—

“(A) the sponsor notifies the Secretary, before the project begins, of the sponsor’s intent to carry out the project and requests a letter of intent; and

“(B) the sponsor agrees to comply with all statutory and administrative requirements that would apply to the project if it were carried out with amounts made available under this subchapter.

“(5) Assessment—In reviewing a request for a letter of intent under this subsection, the Secretary shall consider the grant history of an airport, the airport’s enplanements or operations, and such other factors as the Secretary determines appropriate.

“(6) Prioritization—In issuing letters of intent under this subsection, the Secretary shall—

“(A) prioritize projects that—

changed “(i) cannot reasonably be funded by an airport sponsor using funds apportioned under sections section 47114(c), 47114(d)(2)(A)(i), or 47114(d)(6), including funds apportioned under those sections in multiple fiscal years pursuant to section 47117(b)(1); and

“(ii) are necessary to an airport’s continued safe operation or development; and

“(B) structure the reimbursement schedules under such letters in a manner that minimizes unnecessary or undesirable project segmentation.

“(7) Required use

“(A) In general—Beginning in fiscal year 2028, and in each fiscal year thereafter, the Secretary shall ensure that not less than $100,000,000 is committed to be reimbursed in such fiscal year pursuant to letters of intent issued under this subsection.

“(B) Waiver—The Secretary may waive the requirement under subparagraph (A) for a fiscal year if the Secretary determines there are insufficient letter of intent requests that meet the requirements of paragraph (4). Upon such waiver, the Secretary shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the reasons contributing to the need for such waiver and the actions the Secretary intends to take to ensure that there are sufficient letter of intent requests that meet the requirements of paragraph (4) in the fiscal year succeeding the fiscal year for which the Secretary issued such waiver.

“(C) Restriction—The total estimated amount of future Government obligations covered by all outstanding letters of intent under paragraph (1) may not be more than the amount authorized to carry out section 48103 of this title, less an amount reasonably estimated by the Secretary to be needed for grants under section 48103 that are not covered by a letter.

“(8) No obligation or commitment—A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation laws.

“(9) Limitation on statutory construction—Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.”

“(1) Primary and commercial service airports

“(A) Primary airport apportionment—The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to—

“(i) $15.60 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;

“(ii) $10.40 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;

“(iii) $5.20 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;

“(iv) $1.30 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and

“(v) $1.00 for each additional passenger boarding at the airport during the prior calendar year.

“(B) Minimum and maximum apportionments—Not less than $1,300,000 nor more than $22,000,000 may be apportioned under subparagraph (A) to an airport sponsor for a primary airport for each fiscal year.

“(C) New airport—Notwithstanding subparagraph (A), the Secretary shall apportion in the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to $1,300,000 to the sponsor of such airport.

“(D) Nonprimary commercial service airport apportionment

“(i) In general—The Secretary shall apportion to each commercial service airport that is not a primary airport an amount equal to—

“(I) $60 for each of the first 2,500 passenger boardings at the airport during the prior calendar year; and

“(II) $153.33 for each of the next 7,499 passenger boardings at the airport during the prior calendar year.

“(ii) Applicability—Paragraphs (4) and (5) of subsection (d) shall apply to funds apportioned under this subparagraph.

“(E) Special rule for air reserve stations—Notwithstanding section 47102, the Secretary shall consider a public-use airport that is co-located with an air reserve station to be a primary airport for purposes of this chapter.

“(F) Special rule for fiscal years 2024 and 2025—Notwithstanding any other provision of this paragraph or the absence of scheduled passenger service at an airport, the Secretary shall apportion in fiscal years 2024 and 2025 to the sponsor of an airport an amount based on the number of passenger boardings at the airport during whichever of the following years that would result in the highest apportioned amount under this paragraph:

“(i) Calendar year 2018.

“(ii) Calendar year 2019.

“(iii) The prior full calendar year prior to the current fiscal year.”

changed “(C) An airport that has previously been listed as unclassified under the national plan of integrated airport systems that has re-established reestablished the classified status of such airport as of the date of apportionment shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains such classified status.”

“(A) Alaska, Puerto Rico, and Hawaii—An amount apportioned under this subsection”

changed “(B) Other territories—An amount apportioned under paragraph (2)(B)(i) may be made available by the Secretary for any public-use airport in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands if the Secretary determines that there are insufficient qualified grant applications for projects at airports that are otherwise eligible for funding under that paragraph. The Secretary shall prioritize the use of such amounts in the territory the amount was originally apportioned in.”

removed Section 47114(f) of title 49, United States Code, is amended—

“(2) Effective date of reduction

“(A) New charge collection—A reduction in an apportionment under paragraph (1) shall not take effect until the first fiscal year following the year in which the collection of the charge imposed under section 40117 has begun.

“(B) New categorization—A reduction in an apportionment under paragraph (1) shall only be applied to an airport if such airport has been designated as a medium or large hub airport for 3 consecutive years.”

Section 47117 of title 49, United States Code, is amended—

“(3) Special rule—Beginning in fiscal year 2025, if the amount made available under paragraph (1)(A) was not equal to or greater than $150,000,000 in the preceding fiscal year, the Secretary shall issue grants for projects eligible under paragraph (1)(A) from apportionments made under section 47114 that are not required during the fiscal year to fund a grant for which such apportionments may be used in an amount that is not less than—

“(A) $150,000,000; minus

“(B) the amount made available under paragraph (1)(A) in the preceding fiscal year.”

“(e) Training for participating States

“(1) In general—The Secretary shall provide to each State participating in the block grant program under this section training or updated training materials for the administrative responsibilities assumed by the State under such program at no cost to the State.

“(2) Timing—The training or updated training materials provided under paragraph (1) shall be provided at least once during each 2-year period and at any time there is a material change in the program.”

changed “(f) AdministrationRoles and responsibilities of participating States

changed “(1) Roles and responsibilities—The Secretary and any Airports—Unless a State that participates participating in the block grant program under this section shall mutually agree to expressly agrees in a memorandum of agreement that contains a description of all roles and responsibilities of agreement, the Secretary and such shall not require the State under to manage functions and responsibilities for airport actions or projects that do not relate to such program.

changed “(2) Program documentation—Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement pursuant to paragraph (1), as may be amended, between such the State and the Secretary.Federal Aviation Administration. The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with respect to such action if the State did not participate in the program.

changed “(3) Change in law—Paragraph (2) Responsibilities—The Administrator shall not apply to the extent that an Act enacted after an executed memorandum of agreement that amends this chapter or alters retain responsibility for the administration of block grant program under this section necessitates a revision following, unless expressly agreed to a grant agreement.by the State:

changed “(4) Information required—The Secretary shall only require from a State the same documentation, type of information, “(A) Grant compliance investigations, determinations, and level of detail for any action, including the execution of grant agreement, that the Secretary would produce with respect to such action if the State did not participate in the program.”enforcement.

added “(B) Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property.

added “(C) Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property.

added “(D) Land use determinations under section 163 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note), compatibility planning, and airport layout plan review and approval for projects not funded by amounts available under this subchapter.

added “(E) Nonaeronautical and special event recommendations and approvals.

added “(F) Instrument approach procedure evaluations and determinations.

added “(G) Environmental review for projects not funded by amounts available under this subchapter.

added “(H) Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements.”

changed Section 163 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107) 47107 note) is amended—

“(a) In general

“(1) Limited regulation—Except as provided in subsection (b), the Secretary of Transportation may not require an airport to seek approval for (including in the submission of an airport layout plan), or directly or indirectly regulate (including through any grant assurance)—

“(A) the acquisition, use, lease, encumbrance, transfer, or disposal of land (including any portion of such land) by an airport sponsor; or

“(B) the construction, development, improvement, use, or removal of any facility (including any portion of such facility) upon such land.

“(2) Burden of demonstrating applicability—The burden of demonstrating the nonapplicability of paragraph (1), or the applicability of an exception under subsection (b), shall be on the Secretary.”

“(c) Rule of construction—Nothing in this section shall be construed—

“(1) to affect the applicability of sections 47107(b) or 47133 of title 49, United States Code, to revenues generated by the use, lease, encumbrance, transfer, or disposal of land under subsection (a), facilities upon such land, or any portion of such land or facilities; or

“(2) to limit the Secretary’s authority to approve or regulate airport projects (or portions of airport projects) that are not subject to the provisions of subsection (a).”

Section 47139 of title 49, United States Code, is amended—

Section 47171 of title 49, United States Code, is amended—

“(b) Aviation projects subject to a streamlined environmental review process

“(1) In general—Any airport capacity enhancement project, terminal development project, or general aviation airport construction or improvement project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.

“(2) Project designation criteria

“(A) In general—The Administrator may designate an aviation safety project for priority environmental review. A designated project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.

“(B) Project designation criteria—The Administrator shall establish guidelines for the designation of an aviation safety project or aviation security project for priority environmental review. Such guidelines shall provide for consideration of—

“(i) the importance or urgency of the project;

“(ii) the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(iii) the need for cooperation and concurrent reviews by other Federal or State agencies; and

“(iv) the prospect for undue delay if the project is not designated for priority review.”

“(1) In general—For any”

“(2) Deadline—The Administrator shall define the purpose and need of a project not later than 45 days after receipt of a draft purpose and need statement (or revision thereof that materially affects a statement previously prepared or accepted by the Administrator) from an airport sponsor. The Administrator shall provide airport sponsors with appropriate guidance to implement any applicable requirements.”

“(1) consider”

“(2) limit the comments of the agency to—

“(A) subject matter areas within the special expertise of the agency; and

“(B) changes necessary to ensure the agency is carrying out the obligations of that agency under the National Environmental Policy Act of 1969 and other applicable law.”

“(m) Coordination and schedule

“(1) Coordination plan

“(A) In general—Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the Administrator of the Federal Aviation Administration shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project described or designated under subsection (b). The coordination plan may be incorporated into a memorandum of understanding.

“(B) Schedule

“(i) In general—The Administration shall establish as part of such coordination plan, after consultation with and the concurrence of each participating agency for the project and with the State in which the project is located (and, if the State is not the project sponsor, with the project sponsor), a schedule for—

“(I) interim milestones and deadlines for agency activities necessary to complete the environmental review; and

“(II) completion of the environmental review process for the project.

“(ii) Factors for consideration—In establishing the schedule under clause (i), the Administration shall consider factors such as—

“(I) the responsibilities of participating agencies under applicable laws;

“(II) resources available to the cooperating agencies;

“(III) overall size and complexity of the project;

“(IV) the overall time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of the project; and

“(V) the sensitivity of the natural and historic resources that could be affected by the project.

changed “(iii) Maximum project schedule—To the maximum extent practicable and consistent with applicable Federal law, the Administrator shall develop, in concurrence with the project sponsor, a maximum schedule for the project described or designated under subsection (b) that is not more than 2 years for the completion of the environmental review process for such projects, as measured from, as applicable—applicable the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision.

removed “(I) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or

removed “(II) the date on which the Administrator determines that an environmental assessment is required to a finding of no significant impact.

“(iv) Dispute resolution

“(I) In general—Any issue or dispute that arises between the Administrator and participating agencies (or amongst participating agencies) during the environmental review process will be addressed expeditiously to avoid delay.

“(II) Responsibilities—The Administrator and participating agencies shall—

“(aa) implement the requirements of this section consistent with any dispute resolution process established in an applicable law, regulation, or legally binding agreement to the maximum extent permitted by law; and

“(bb) seek to resolve issues or disputes at the earliest possible time at the project level through agency employees who have day-to-day involvement in the project.

“(III) Elevation for missed milestone—If a dispute between the Administrator and participating agencies (or amongst participating agencies) causes a milestone to be missed or extended, or the Administrator anticipates that a permitting timetable milestone will be missed or will need to be extended, then the dispute shall be elevated to an official designated by the relevant agency for resolution. Such elevation should take place as soon as practicable after the Administrator becomes aware of the dispute or potential missed milestone.

“(IV) Exception—Disputes that do not impact the ability of an agency to meet a milestone may be elevated as appropriate.

“(V) Further evaluation—Once a dispute has been elevated to the designated official, if no resolution has been reached at the end of 30 days after the relevant milestone date or extension date, then the relevant agencies shall elevate the dispute to senior agency leadership for resolution.

“(C) Consistency with other time periods—A schedule under subparagraph (B) shall be consistent with any other relevant time periods established under Federal law.

“(D) Modification

“(i) In general—Except as provided in clause (ii), the Administrator may lengthen or shorten a schedule established under subparagraph (B) for good cause. A decision by a project sponsor to change, modify, expand, or reduce the scope of a project may be considered as good cause for lengthening or shortening of such schedule as appropriate and based on the nature and extent of the proposed project adjustment.

“(ii) Limitations

“(I) Lengthened schedule—The Administrator may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the project described or designated under subsection (b) by the Administration.

added “(II) Shortened schedule—The Administrator may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.

removed “(II) Shortened schedules—The Administrator may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.

“(E) Failure to meet deadline—If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)—

“(i) the cooperating Federal agency shall, not later than 10 days after meeting the deadline, submit to the Administrator a report that describes the reasons why the deadline was not met; and

“(ii) the Secretary shall—

added “(I) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of the report under clause (i); and

removed “(I) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation a copy of the report under clause (i); and

“(II) make the report under clause (i) publicly available on the website of the agency.

“(F) Dissemination—A copy of a schedule under subparagraph (B), and of any modifications to the schedule, shall be—

“(i) provided to all participating agencies and to the State transportation department of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and

“(ii) made available to the public.

“(2) Comment deadlines—The Administrator shall establish the following deadlines for comment during the environmental review process for a project:

“(A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such statement, unless—

“(i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or

“(ii) the deadline is extended by the lead agency for good cause.

“(B) For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of no more than 30 days from availability of the materials on which comment is requested, unless—

“(i) a different deadline is established by agreement of the Administrator, the project sponsor, and all participating agencies; or

“(ii) the deadline is extended by the lead agency for good cause.

“(3) Deadlines for decisions under other laws—In any case in which a decision under any Federal law relating to a project described or designated under subsection (b) (including the issuance or denial of a permit or license) is required to be made by the later of the date that is 180 days after the date on which the Administrator made all final decisions of the lead agency with respect to the project, or 180 days after the date on which an application was submitted for the permit or license, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and publish on the website of the Administration—

“(A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and

“(B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.

“(4) Involvement of the public—Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law, including a regulation.

“(n) Concurrent reviews and single NEPA document

“(1) Concurrent reviews—Each participating agency and cooperating agency under the expedited and coordinated environmental review process established under this section shall—

“(A) carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out such obligations; and

“(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.

“(2) Single NEPA document

“(A) In general—Except as inconsistent with subsection (a), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environment document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the Administrator of the Federal Aviation Administration.

“(B) Use of document

“(i) In general—To the maximum extent practicable, the Administrator shall develop an environmental document sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including permits issued by other Federal agencies.

“(ii) Cooperation of participating agencies—Other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph.

added “(C) Treatment as participating and cooperating agencies—A Federal agency required to make an approval or take an action for a project, as described in this paragraph, shall work with the Administration for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project.

removed “(C) Treatment as participating and cooperating agencies—A Federal agency required to make an approval or take an action for a project, as described in paragraph (2), shall work with the Administration for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project.

“(3) Participating agency responsibilities—An agency participating in the expedited and coordinated environmental review process under this section shall—

“(A) provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the agency; and

“(B) use the process to address any environmental issues of concern to the agency.

“(o) Environmental impact statement

“(1) In general—In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project described or designated under subsection (b), if the Administrator modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the Administrator may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—

“(A) cite the sources, authorities, and reasons that support the position of the agency; and

“(B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

“(2) Single document—To the maximum extent practicable, for a project subject to a coordinated review process under this section, the Administrator shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—

“(A) the final environmental impact statement or record of decision makes substantial changes to the project that are relevant to environmental or safety concerns; or

“(B) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the environmental impacts of the proposed action.

“(3) Length of environmental document

“(A) In general—Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices.

“(B) Extraordinary complexity—An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices.

“(p) Integration of planning and environmental review

“(1) In general—Subject to paragraph (5) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference, and use a planning product in proceedings relating to, any class of action in the environmental review process of a project described or designated under subsection (b):

“(A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(B) A cooperating agency with responsibility under Federal law with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with that law.

“(2) Identification—If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product under paragraph (1), such agency shall identify the agencies that participated in the development of the planning products.

“(3) Adoption or incorporation by reference of planning products—The relevant agency may—

“(A) adopt or incorporate by reference an entire planning product under paragraph (1); or

“(B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference.

“(4) Timing—The adoption or incorporation by reference of a planning product under paragraph (1) may—

“(A) be made at the time the relevant agencies decide the appropriate scope of environmental review for the project; or

“(B) occur later in the environmental review process, as appropriate.

“(5) Conditions—The relevant agency in the environmental review process may adopt or incorporate by reference a planning product under this section if the relevant agency determines, with the concurrence of the lead agency and, if the planning product is necessary for a cooperating agency to issue a permit, review, or approval for the project, with the concurrence of the cooperating agency, that the following conditions have been met:

“(A) The planning product was developed through a planning process conducted pursuant to applicable Federal law.

added “(B) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian Tribes.

removed “(B) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes.

“(C) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.

“(D) The planning process included public notice that the planning products produced in the planning process may be adopted during any subsequent environmental review process in accordance with this section.

“(E) During the environmental review process, the relevant agency has—

“(i) made the planning documents available for public review and comment by members of the general public and Federal, State, local, and Tribal governments that may have an interest in the proposed project;

“(ii) provided notice of the intention of the relevant agency to adopt or incorporate by reference the planning product; and

“(iii) considered any resulting comments.

“(F) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product or portions thereof.

“(G) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.

“(H) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.

“(I) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations.

“(6) Effect of adoption or incorporation by reference—Any planning product or portions thereof adopted or incorporated by reference by the relevant agency in accordance with this subsection may be—

“(A) incorporated directly into an environmental review process document or other environmental document; and

“(B) relied on and used by other Federal agencies in carrying out reviews of the project.

“(q) Report on NEPA data

“(1) In general—The Administrator of the Federal Aviation Administration shall carry out a process to track, and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on projects described in subsection (b)(1) that contains the information described in paragraph (3).

“(2) Time to complete—For purposes of paragraph (3), the NEPA process—

“(A) for an environmental impact statement—

added “(i) begins on the date on which a notice of intent is published in the Federal Register; and

removed “(i) begins on the date on which a Notice of Intent is published in the Federal Register; and

“(ii) ends on the date on which the Administrator issues a record of decision, including, if necessary, a revised record of decision; and

“(B) for an environmental assessment—

“(i) begins on the date on which the Administrator makes a determination to prepare an environmental assessment; and

“(ii) ends on the date on which the Administrator issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary.

“(3) Information described—The information referred to in paragraph (1) is, with respect to the Federal Aviation Administration—

“(A) the number of proposed actions for which a categorical exclusion was applied by the Administration during the reporting period;

“(B) the number of proposed actions for which a documented categorical exclusion was applied by the Administration during the reporting period;

“(C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Administration is pending;

“(D) the number of proposed actions for which an environmental assessment was issued by the Administration during the reporting period;

“(E) the length of time the Administration took to complete each environmental assessment described in subparagraph (D);

“(F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Administration;

“(G) the number of proposed actions for which a final environmental impact statement was completed by the Administration during the reporting period;

“(H) the length of time that the Administration took to complete each environmental impact statement described in subparagraph (G);

“(I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and

“(J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which—

“(i) project funding has been identified; and

“(ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.

“(4) Definitions—In this section:

“(A) Environmental assessment—The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).

“(B) Environmental impact statement—The term environmental impact statement means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

“(C) NEPA process—The term NEPA process means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Administrator undertakes a proposed action.

“(D) Proposed action—The term proposed action means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Administrator proposes to carry out.

“(E) Reporting period—The term reporting period means the fiscal year prior to the fiscal year in which a report is issued under subsection (a).”

Section 47175 of title 49, United States Code, is amended—

“(8) Terminal development—The term terminal development has the same meaning given such term in section 47102.”

“(2) that projects, activities, and actions that prevent runway incursions serve to—

“(A) improve airport surface surveillance; and

“(B) mitigate surface safety risks that are essential to ensuring the safe operation of the airport and airway system;”

“(2) International presence—The Administrator shall maintain an international presence to—

“(A) assist foreign civil aviation authorities in—

“(i) establishing robust aerospace oversight practices and policies;

“(ii) training staff, to include inspectors and accident investigators;

“(iii) harmonizing international aerospace standards for air traffic management, operator certification, aircraft certification, airports, and certificated or credentialed individuals;

“(iv) validating and accepting foreign aircraft design and production approvals;

“(v) maintaining appropriate levels of air navigation services;

“(vi) preparing for new aerospace technologies; and

“(vii) appropriately adopting continuing airworthiness information, such as airworthiness directives;

“(B) encourage the adoption of United States standards, regulations, and policies;

“(C) establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements;

“(D) engage in bilateral and multilateral discussions and provide technical assistance as described in paragraph (5);

“(E) validate foreign aerospace products and ensure reciprocal validation of products for which the United States is the state of design or production;

“(F) support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization;

“(G) support the international activities of the United States aerospace sector;

“(H) maintain valuable relationships with entities with aerospace equities, including civil aviation authorities, other governmental bodies, non-governmental organizations, and foreign manufacturers; and

“(I) perform other activities as determined necessary by the Administrator.”

“(3) International offices—In carrying out the responsibilities described in subsection (a), the Administrator shall—

“(A) maintain international offices of the Administration;

“(B) every 3 years, review existing international offices to determine—

changed “(i) the effectiveness of such offices in fulfilling the mission described in paragraph (2);(2); and

changed “(ii) the adequacy of resources and staffing to achieve the mission described in paragraph (2); and(2);

“(C) establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices—

“(i) where international civil aviation authorities are located;

“(ii) where regional intergovernmental organizations are located;

“(iii) in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and

“(iv) in regions that have experienced substantial growth in aerospace operations or manufacturing.”

“(5) Bilateral aviation safety agreements

“(A) In general—The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities.

“(B) Purpose—The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum—

“(i) improve global aerospace safety;

“(ii) increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aerospace interests of the United States;

“(iii) ensure access to international markets for operators, service providers, and manufacturers from the United States; and

“(iv) put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements.

“(C) Scope—The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aerospace users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis.

“(D) Contents—Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as—

“(i) airworthiness, certification, and validation;

“(ii) maintenance;

“(iii) operations and pilot training;

“(iv) airspace access, efficiencies, and navigation services;

“(v) transport category aircraft;

“(vi) fixed-wing aircraft, rotorcraft, and powered-lift aircraft;

“(vii) aerodrome certification;

“(viii) unmanned aircraft and associated elements of such aircraft;

“(ix) flight simulation training devices;

“(x) new or emerging aerospace technologies and technology trends; and

“(xi) other topics as determined appropriate by the Administrator.

“(E) Rule of Construction—Bilateral or multilateral aviation safety agreements entered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provision of law.”

“(6) Strategic plan—The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes—

“(A) all elements of the report required in section 243(b)(1) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note);

“(B) measures to fulfill the mission described in paragraph (2);

“(C) initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and expert control laws;

“(D) policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization;

“(E) procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5);

“(F) all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activities related to aviation safety and air transportation; and

“(G) establishment of, and a process to regularly track and update, metrics to measure the effectiveness of, and foreign civil aviation authority compliance with, bilateral aviation safety agreements.”

Section 40104 of title 49, United States Code, is further amended by adding at the end the following:

changed “(g) “(f) Travel—The Administrator and the Secretary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of relevant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of—

“(1) promoting aviation safety, aircraft operations, air traffic, airport, unmanned aircraft systems, commercial space transportation, and other aviation standards and regulations adopted by the United States;

“(2) facilitating the adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization;

“(3) promoting environmental standards adopted by the United States and standards promulgated under section 44714;

“(4) supporting the acceptance of Administration design and production approvals by other civil aviation authorities;

“(5) training Administration personnel and training provided to other persons;

“(6) engaging with regulated entities, including performing site visits;

“(7) activities associated with subsections (c) through (f) of this section; and

“(8) other activities as determined by the Administrator.”

“(g) Data analysis

“(1) In general—Each fiscal year in which a part 121 air carrier has had heavy maintenance work performed on an aircraft owned or operated by such carrier, such carrier shall provide to the Administrator, not later than the end of the following fiscal year, a report containing the information described in paragraph (2).

“(2) Information required—A report under paragraph (1) shall contain the following:

“(A) The location where any heavy maintenance work on aircraft was performed outside the United States.

“(B) A description of the work performed at each such location.

“(C) The date of completion of the work performed at each such location.

“(D) A list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier not later than 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that—

“(i) requires corrective action after the aircraft is approved for return to service; and

“(ii) results from such work performed on such aircraft.

“(E) The certificate number of the person approving such aircraft or on-wing aircraft engine, for return to service following completion of the work performed at each such location.

“(3) Analysis—The Administrator shall—

“(A) analyze information provided under this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions of such title, to detect safety issues associated with heavy maintenance work on aircraft performed outside the United States; and

“(B) require appropriate actions by an air carrier or repair station in response to any safety issue identified by the analysis conducted under subparagraph (A).

“(4) Confidentiality—Information provided under this subsection shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123.

“(h) Applications and prohibition

“(1) In general—The Administrator may not approve any new application under part 145 of title 14, Code of Federal Regulations, from a person located or headquartered in a country that the Administration, through the International Aviation Safety Assessment program, has classified as Category 2.

“(2) Exception—Paragraph (1) shall not apply to an application for the renewal of a certificate issued under part 145 of title 14, Code of Federal Regulations.

“(3) Maintenance implementation procedures agreement—The Administrator may elect not to enter into a new maintenance implementation procedures agreement with a country classified as Category 2, for as long as the country remains classified as Category 2.

“(3) Prohibition on continued heavy maintenance work—No part 121 air carrier may enter into a new contract for heavy maintenance work with a person located or headquartered in a country that the Administrator, through the International Aviation Safety Assessment program, has classified as Category 2, for as long as such country remains classified as Category 2.

“(i) Minimum qualifications for mechanics and others working on U.S. registered aircraft

“(1) In general—Not later than 2 years after the date of enactment of this subsection, the Administrator shall require that, at each covered repair station—

“(A) all supervisory personnel of such station are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and

“(B) all personnel of such station authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator.

“(2) Available for consultation—Not later than 2 years after the date of enactment of this subsection, the Administrator shall require any individual who is responsible for approving an article for return to service or who is directly in charge of heavy maintenance work performed on aircraft operated by a part 121 air carrier be available for consultation while work is being performed at a covered repair station.”

“(1) Covered repair station—The term covered repair station means a facility that—

“(A) is located outside the United States;

“(B) is a part 145 repair station; and

“(C) performs heavy maintenance work on aircraft operated by a part 121 air carrier.”

Section 44735 of title 49, United States Code, is amended—

“(3) if the report, data, or other information is submitted for any purpose relating to the development, implementation, and use of a safety management system, including a system required by regulation, that is acceptable to the Administrator.”

“(d) Other agencies

“(1) In general—The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives reports, data, or other information described in such subsection from the Administrator.

changed “(2) Rule of Construction—This section shall not be construed to limit the accident or incident investigation authority of the National Transportation Safety Board under chapter 11 of this title, 11, including the requirement to not disclose voluntarily provided safety-related information under section 1114.”

“44745. Don Young Alaska Aviation Safety Initiative.

“(a) In general—The Administrator of the Federal Aviation Administration shall redesignate the FAA Alaska Aviation Safety Initiative of the Administration as the Don Young Alaska Aviation Safety Initiative (in this section referred to as the “Initiative”), under which the Administrator shall carry out the provisions of this section and take such other actions as the Administrator determines appropriate to improve aviation safety in covered locations.

“(b) Objective—The objective of the Initiative shall be to work cooperatively with aviation stakeholders and other stakeholders towards the goal of—

“(1) reducing the rate of fatal aircraft accidents in covered locations by 90 percent from 2019 to 2033; and

“(2) by January 1, 2033, eliminating fatal accidents of aircraft operated by an air carrier that operates under part 135 of title 14, Code of Federal Regulations.

“(c) Leadership

“(1) In general—The Administrator shall designate the Regional Administrator for the Alaskan Region of the Administration to serve as the Director of the Initiative.

“(2) Reporting chain—In all matters relating to the Initiative, the Director of the Initiative shall report directly to the Administrator.

“(3) Coordination—The Director of the Initiative shall coordinate with the heads of other offices and lines of business of the Administration, including the other regional administrators, to carry out the Initiative.

“(d) Automated weather systems

changed “(1) Requirement—The Administrator shall ensure, to the greatest extent practicable, for the installation and operation of that a covered automated weather system is installed and operated at each covered airport not later than December 31, 2030.

“(2) Waiver—In complying with the requirement under paragraph (1), the Administrator may waive any positive benefit-cost ratio requirement for the installation and operation of a covered automated weather system.

“(3) Prioritization—In developing the installation timeline of a covered automated weather system at a covered airport pursuant to this subsection, the Administrator shall—

“(A) coordinate and consult with the governments with jurisdiction over covered locations, covered airports, air carriers operating in covered locations, private pilots based in covered locations, and such other members of the aviation community in covered locations; and

changed “(B) prioritize early installation at covered airports that would enable the greatest number of instrument flight rule operations by air carriers operating under part 121 or 135 of title 14, Code of Federal Regulations.

“(4) Reliability

“(A) In general—Pertaining to both Federal and non-Federal systems, the Administrator shall be responsible for ensuring—

“(i) the reliability of covered automated weather systems; and

“(ii) the availability of weather information from such systems.

“(B) Specifications—The Administrator shall establish data availability and equipment reliability specifications for covered automated weather systems.

“(C) System reliability and restoration plan—Not later than 2 years after the date of enactment of this section, the Administrator shall establish an automated weather system reliability and restoration plan. Such plan shall document the Administrator’s strategy for ensuring covered automated weather system reliability, including the availability of weather information from such system, and for restoring service in as little time as possible.

“(D) Telecommunications or other failures—If a covered automated weather system is unable to broadly disseminate weather information due to a telecommunications failure or a failure other than an equipment failure, the Administrator shall take such actions as may be necessary to restore the full functionality and connectivity of the covered automated weather system. The Administrator shall take actions under this subparagraph with the same urgency as the Administrator would take an action to repair a covered automated weather system equipment failure or data fidelity issue.

“(E) Reliability data—In tabulating data relating to the operational status of covered automated weather systems (including individually or collectively), the Administrator may not consider a covered automated weather system that is functioning nominally but is unable to broadly disseminate weather information telecommunications failure or a failure other than an equipment failure as functioning reliably.

changed “(5) Inventory—The Administrator shall consider storing excess inventory necessary for air traffic control equipment, including commonly required replacement parts, in covered locations to reduce the amount of time necessary to acquire such equipment or such parts necessary to replace or repair air traffic control system components.

“(6) Visual weather observation system—Not later than 1 year after the date of enactment of this section, the Administrator shall take such actions as may be necessary to—

“(A) deploy visual weather observation systems; and

“(B) ensure that such systems are capable of meeting the definition of covered automated weather systems.

“(e) Weather cameras

“(1) In general—The Director shall continuously assess the state of the weather camera systems in covered locations to ensure the operational sufficiency and reliability of such systems.

“(2) Applications—The Director shall—

“(A) accept applications from persons to install weather cameras; and

“(B) consult with the governments with jurisdiction over covered locations, covered airports, air carriers operating in covered locations, private pilots based in covered locations, and such other members of the aviation community in covered locations as the Administrator determines appropriate to solicit additional locations at which to install and operate weather cameras.

“(3) Presumption—Unless the Director has clear and compelling evidence to the contrary, the Director shall presume that the installation of a weather camera at a covered airport, or that is recommended by a government with jurisdiction over a covered location, is cost beneficial and will improve aviation safety.

“(f) Cooperation with other agencies—In carrying out this section, the Administrator shall cooperate with the heads of other Federal or State agencies with responsibilities affecting aviation safety in covered locations, including the collection and dissemination of weather data.

“(g) Surveillance and communication

“(1) In general—The Director shall take such actions as may be necessary to—

“(A) encourage and incentivize the equipage of aircrafts that operate under part 135 of title 14, Code of Federal Regulations, with automatic dependent surveillance and broadcast out equipment; and

“(B) improve aviation surveillance and communications in covered locations.

“(2) Requirement—Not later than December 31, 2030, the Administrator shall ensure that automatic dependent surveillance and broadcast coverage is available at 5,000 feet above ground level throughout each covered location.

“(3) Waiver—In complying with the requirement under paragraph (2), the Administrator shall waive any positive benefit-cost ratio requirement for the installation and operation of equipment and facilities necessary to implement such requirement.

changed “(4) Service areas—The Director shall continuously identify additional automatic dependent surveillance-broadcast surveillance–broadcast service areas in which the deployment of automatic dependent surveillance-broadcast surveillance–broadcast receivers and equipment would improve aviation safety.

“(h) Other projects—The Director shall continue to build upon other initiatives recommended in the reports of the FAA Alaska Aviation Safety Initiative of the Administration published before the date of enactment of this section.

“(i) Annual report

“(1) In general—The Director shall submit an annual report on the status and progress of the Initiative to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

“(2) Objectives and requirements—The report under paragraph (1) shall include a detailed description of the Director’s progress in and plans for meeting the objectives of the Initiative under subsection (b) and the other requirements of this section.

“(3) Stakeholder comments—The Director shall append stakeholder comments, organized by topic, to each report submitted under paragraph (1) in the same manner as appendix 3 of the report titled “FAA Alaska Aviation Safety Initiative FY21 Final Report”, dated September 30, 2021.

“(j) Funding

“(1) In general—Notwithstanding any other provision of law, in fiscal years 2024 through 2028—

“(A) the Administrator may, upon application from the government with jurisdiction over a covered location, use amounts apportioned to a covered location under subsection (d)(2)(B) or subsection (e)(5) of section 47114 to carry out the Initiative; or

“(B) the sponsor of an airport in a covered location that receives an apportionment under subsection (d)(2)(B) or subsection (e) of section 47114 may use such apportionment for any purpose contained in this section.

“(2) Supplemental funding—Out of amounts made available under section 106(k) and section 48101, not more than a total of $25,000,000 for each of fiscal year 2024 through 2028 is authorized to be expended to carry out the Initiative.

“(k) Definitions—In this section:

“(1) Covered airport—The term covered airport means an airport in a covered location that is included in the national plan of integrated airport systems required under section 47103 and that has a status other than unclassified in such plan.

“(2) Covered automated weather system—The term covered automated weather system means an automated or visual weather reporting facility that enables a pilot to begin an instrument procedure approach to an airport under section 91.1039 or 135.225 of title 14, Code of Federal Regulations.

changed “(3) Covered location—The term covered location means Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the United States Virgin Islands.”

changed “(6) “(7) Remote positions

“(A) In general—If the Administrator determines that a covered position has not been filled after multiple vacancy announcements and that there are unique circumstances affecting the ability of the Administrator to fill such position, the Administrator may consider, in consultation with the appropriate labor union, applicants for the covered position who apply under a vacancy announcement recruiting from the State or territory in which the position is based.

“(B) Covered position defined—In this paragraph, the term covered position means a safety-critical position based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.”

changed Section 122 of the Aircraft Certification, Safety, and Accountability Act (Public Law 116–260) 116–260; 134 Stat. 2344) is amended—

“(2) conduct an annual agency-wide evaluation of the Compliance Program through fiscal year 2028 to assess the functioning and effectiveness of such program and to determine—

“(A) the need for long-term metrics that, to the maximum extent practicable, apply to all program offices to assess the effectiveness of the program;

“(B) if the program ensures the highest level of compliance with safety standards; and

“(C) if the program has met its stated safety goals and purpose;”

added “44746. Cockpit recording device

added “(a) In general—Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to—

added “(1) require that, not later than 4 years after the date of enactment of this section, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data;

added “(2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 and section 32 of title 18;

added “(3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations;

added “(4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and

added “(5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes.

added “(b) Prohibited use—A cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers.

added “(c) Applicable aircraft defined—In this section, the term “applicable aircraft” means an aircraft that is—

added “(1) operated under part 121 of title 14, Code of Federal Regulations; and

added “(2) required by regulation to have a cockpit voice recorder or a flight data recorder.”

changed “(g) “(h) Exclusive rulemaking authority—Notwithstanding any other provision of law and except as provided in section 40131, 40132, the Administrator, in consultation with the heads of such other agencies as the Administrator determines necessary, shall have exclusive authority to prescribe regulations for purposes of assuring civil aircraft, including unmanned aircraft systems, aircraft engine, propeller, and appliance cybersecurity.”

“(D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and

“(E) is programmed to initiate a controlled landing in the event of a tether separation.”

added “44803. Unmanned aircraft system test ranges

“(a) In general—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program to enable a broad variety of testing and evaluation activities at unmanned aircraft system test ranges, as in effect on the day before the date of enactment of the Securing Growth and Robust Leadership in American Aviation Act, to the extent consistent with aviation safety and efficiency, and for purposes of the safe integration of unmanned aircraft systems into the national airspace system.

“(b) Airspace requirements—In carrying out the program under subsection (a)—

“(1) the Administrator may establish nonregulatory special use airspace areas upon the request of a test range sponsor selected by the Administrator under subsection (a), for purposes of accommodating hazardous testing and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system, or for purposes of other activities authorized by the Administrator under subsection (g);

“(2) each selected test range sponsor for a designated test range shall be considered the using agency for purposes of the respective nonregulatory special use airspace areas established by the Administrator under this section; and

“(3) the Administrator may require that each selected test range sponsor for a designated test range provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision and adoption of the Administrator, with respect to any request for the establishment of a nonregulatory special use airspace area under this section.

“(c) Program requirement—In carrying out the program under subsection (a), the Administrator—

“(1) may develop operational standards and air traffic requirements for flight operations at test ranges;

“(2) shall coordinate with, and leverage the resources of, other Federal agencies, as the Administrator considers appropriate;

“(3) shall address both civil and public aircraft operations;

“(4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system;

added “(5) shall engage test range sponsors, as necessary and within available resources, in projects for testing and evaluation of flight systems to facilitate the validation of standards by the Administration for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for—

removed “(5) shall engage test range sponsors, as necessary and within available resources, in projects for testing and evaluation of flight systems to facilitate the development of standards by the Administration for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for—

“(A) developing and enforcing geographic and altitude limitations;

added “(B) providing for alerts regarding any hazards or limitations on flight, including prohibitions on flight;

removed “(B) providing for alerts by manufacturers regarding any hazards or limitations on flight, including prohibition on flight, as necessary;

“(C) sense and avoid capabilities;

“(D) technology to support communications, navigation, and surveillance;

removed “(E) unmanned aircraft system operations beyond-visual-line-of-sight, at nighttime, or over people;

changed “(F) operation of multiple “(E) unmanned aircraft systems by a single remote pilot system operations beyond visual line of sight, at nighttime, or operator;over people;

added “(F) operation of multiple unmanned aircraft systems by a single remote pilot;

“(G) unmanned aircraft systems traffic management capabilities or services;

“(H) counter unmanned aircraft system capabilities;

“(I) improving privacy protections through the use of advances in unmanned aircraft systems; and

added “(J) other critical priority areas for which testing and evaluation is needed.

removed “(J) other critical priority areas for which testing and evaluation is needed;

“(6) shall coordinate periodically with all test range sponsors to ensure test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Administration, what procedures should be followed, and what testing and evaluations would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and

“(7) shall allow test range sponsors to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test range participants in the furtherance of testing and evaluation objectives.

“(d) Exemption—Except as provided in subsection (g), the requirements of section 44711, including related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a designated test range under this section.

“(e) Responsibilities of test range sponsor—The sponsor of each test range under subsection (a) shall—

“(1) provide access to all interested private and public entities seeking to carry out testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as that term is described in section 3(a) of the Small Business Act (15 U.S.C. 632(a));

“(2) ensure all activities remain within the geographical boundaries and altitude limitations established for the nonregulatory special use airspace area covering the test range;

“(3) ensure no activity is conducted at the designated test range in a careless or reckless manner;

“(4) establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator;

“(5) exercise direct oversight of all operations conducted at the test range;

added “(6) consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation through the use of a nonregulatory special use airspace area is required to contain such activities is consistent with aviation safety;

removed “(6) consult with the Administrator on the nature of planned activity at the test range and whether temporary segregation of the nonregulatory special use airspace area is required to contain the activity consistent with aviation safety;

“(7) protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range;

“(8) maintain detailed records of all ongoing and completed testing and evaluation activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor;

“(9) make all original records available for inspection upon request by the Administrator; and

“(10) provide recommendations to the Administrator to further enable public and private testing and evaluation activities at the test ranges that contribute to the safe integration of unmanned aircraft systems by the Administration into the national airspace system, on a quarterly basis until the program terminates.

“(f) Testing

“(1) In general—The Administrator may authorize a sponsor of a test range designated under subsection (a) to host testing and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system.

“(2) Waiver—In carrying out this subsection, the Administrator may waive the requirements of section 44711, including related regulations, to the extent consistent with aviation safety.

added “(g) Agreements—The Administrator may use the transaction authority under section 106(l)(6) to enter into appropriate agreements to direct testing and evaluation activities related to unmanned aircraft systems at any test range designated under subsection (a).

removed “(g) Agreements—The Administrator may use the transaction authority under section 106(l)(6) to enter into appropriate agreements to direct testing and evaluation activities related to unmanned aircraft systems, including at any test range designated under subsection (a).

“(h) Termination—The program under this section shall terminate on September 30, 2028.”

Section 44807 of title 49, United States Code, is amended—

“(c) Requirements for safe operation

changed “(1) In general—For unmanned aircraft systems that the Administrator determines under this section may operate safely in the national airspace system, the Administrator shall establish risk-based requirements, or a process to accept risk-based proposed requirements, for the safe operation of such aircraft systems in the national airspace system, including operation related to testing and evaluation of proprietary systems.

“(2) Treatment of mitigation measures—To the extent that a proposed operation will be conducted exclusively within the airspace of a Mode C Veil during the entirety of the operation, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, so long as the operation employs—

“(A) ADS–B In-based detect and avoid capabilities;

“(B) air traffic control communication and coordination; and

“(C) aeronautical information management systems to notify other aircraft operators of such operations.

“(3) Rule of construction—Nothing in this subsection shall be construed to give an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft.”

changed “(e) Limitation—In making determinations under this section, the Administrator may not consider unmanned aircraft systems to the extent that such systems may meet the requirements of established regulations applicable to the proposed operation of a system.”system.

added “(f) Exemption—The Administrator may exercise the authorities described in this section without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety.”

Section 2209 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190) is further amended—

“(v) Eligible outdoor gatherings.”

“(f) Eligible outdoor gathering defined—In this section, the term eligible outdoor gathering means an event that—

“(1) is primarily outdoors;

“(2) has an estimated daily attendance of 20,000 or greater in at least 1 of the preceding 3 years;

“(3) has defined and static geographical boundaries; and

“(4) is advertised in the public domain.

“(f) Deadlines

“(1) Not later than March 1, 2024, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.

“(2) Not later than 16 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule.”