Title II — Pub. L. 118-63

SEC. 201. Faa Leadership.

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

(1)

in subsection (a) by striking “ The Federal” and inserting “ In General.—The Federal”; and

(2)

by striking subsection (b) and inserting the following:

“(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 member of the Armed Forces;

“(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and

“(iv) 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.—

“(A) In general.—The Administrator has a Deputy Administrator, who shall be appointed by the President.

“(B) Qualifications.—The Deputy Administrator shall—

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

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

“(C) Fitness.—In appointing an individual as Deputy Administrator, 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 when the Administrator is absent or unable to serve, or when the office of Administrator is vacant.

“(D) Reporting chain.—The Deputy Administrator reports directly to the Administrator.

“(E) Duties.—The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

“(F) Compensation.—

“(i) Annual rate of basic pay.—The annual rate of basic pay of the Deputy Administrator 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 the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive—

“(I) the pay provided for the Deputy Administrator 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 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) Leadership of the administration defined.—In this section, the term ‘leadership of the Administration’ means—

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

“(B) the Deputy Administrator under paragraph (2).”

SEC. 202. Assistant Administrator for Rulemaking and Regulatory Improvement.

(a)

Assistant Administrator for Rulemaking and Regulatory Improvement.— Section 106 of title 49, United States Code, is further amended by striking subsections (c) and (d) and inserting the following:

“(c) Assistant Administrator for Rulemaking and Regulatory Improvement.—There is an Assistant Administrator for Rulemaking and Regulatory Improvement who shall be appointed by the Administrator and shall—

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

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

“(B) establishing the regulatory agenda of the Administration; and

“(C) 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;

“(2) 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;

“(3) on an ongoing basis, review the regulations of the Administration in effect to—

“(A) improve safety;

“(B) reduce undue regulatory burden;

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

“(D) prevent duplicative regulations; and

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

“(4) make recommendations for the review of the Administrator under subsection (f)(3)(C)(ii);

“(5) 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—

“(A) acknowledging receipt of such petition;

“(B) confirming completeness of such petition;

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

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

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

“(7) promulgate regulatory updates as determined more efficient or in the best interest of the public under paragraph (6).

“(d) [Reserved].”

(b)

Systemically Addressing Need for Exemptions and Waivers.— Not later than 30 months after the date of enactment of this Act, the Assistant Administrator for Rulemaking and Regulatory Improvement of the FAA shall brief the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives on the methodology developed pursuant to section 106(c)(6) of title 49, United States Code (as added by this section).

SEC. 203. Prohibition on Conflicting Pecuniary Interests.

Section 106(e) of title 49, United States Code, is amended to read as follows:

“(e) Prohibition on Conflicting Pecuniary Interests.—

“(1) In general.—The leadership of the Administration may not have a pecuniary interest in, or hold a financial interest in, an aeronautical enterprise or engage in another business, vocation, or employment.

“(2) Teaching.—Notwithstanding paragraph (1), the Deputy Administrator may not receive compensation for teaching without prior approval of the Administrator.

“(3) Financial interest defined.—In this subsection, the term ‘financial interest’—

“(A) means—

“(i) any current or contingent ownership, equity, or security interest;

“(ii) any indebtedness or compensated employment relationship; or

“(iii) any right to purchase or acquire any such ownership, equity, or security interest, including a stock option; and

“(B) does not include securities held in an index fund.”

SEC. 204. Authority of Secretary and Administrator.

(a)

In General.— Section 106(f) of title 49, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking “ paragraph (2)” and inserting “ paragraphs (2) and (3)”;

(B)

by striking “ Neither” and inserting “ In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither”; and

(C)

by striking “ a committee, board, or organization established by executive order.” and inserting the following:

“(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.”

(2)

in paragraph (2)—

(A)

in subparagraph (A)(ii) by striking “ the acquisition” and all that follows through the semicolon and inserting “ the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;”;

(B)

in subparagraph (A)(iii) by striking “ paragraph (3)” and inserting “ paragraph (4)”; and

(C)

in subparagraph (B) by inserting “ civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or” after “ with respect to”;

(3)

in paragraph (3)—

(A)

in subparagraph (A)—

(i)

by striking “ In the performance” and inserting the following:

“(i) Issuance of regulations.—In the performance”

(ii)

by striking “ The Administrator shall act” and inserting the following:

“(ii) Petitions for rulemaking.—The Administrator shall act”

(iii)

by striking “ The Administrator shall issue” and inserting the following:

“(iii) Rulemaking timeline.—The Administrator shall issue”

; and

(iv)

by striking “ On February 1” and inserting the following:

“(iv) Reporting requirement.—On February 1”

; and

(B)

by striking subparagraphs (B) and (C) and inserting the following:

“(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 FAA Reauthorization Act of 2024) in any year; or

“(II) is significant.

“(ii) Significant regulations.—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 FAA Reauthorization Act of 2024);

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

“(III) adversely affects, 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 community.

“(iii) Emergency regulation.—

“(I) In general.—In an emergency as determined by the Administrator, the Administrator may issue a final regulation described in clause (i) without prior approval of the Secretary.

“(II) Objection.—If the Secretary objects to a regulation issued under subclause (II) in writing not later than 5 days (excluding Saturday, Sundays, and legal public holidays) after 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 approval of the Secretary under clause (i) (excluding a regulation issued under 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 not later than 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator not later than 30 days after receiving such regulation, the regulation shall be deemed to have been approved by the Secretary.

“(C) Periodic review.—

“(i) In general.—For any significant regulation issued after the date of enactment of the FAA Reauthorization Act of 2024, 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 3 years after the effective date of such regulation.

“(ii) Discretionary 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 supporting the regulation 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.”

(4)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(5)

by inserting after paragraph (2) the following:

“(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 duties and powers 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.”

(b)

Conforming Amendment.— Section 106 of title 49, United States Code, is amended by striking subsection (g) and inserting the following:

“(g) [reserved].”

(c)

Preservation of Existing Authority.— Nothing in this section or the amendments made by this section shall be construed to restrict any authority vested in the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act.

SEC. 205. Regulatory Materials Improvement.

(a)

Internal Regulatory Process Review.—

(1)

In general.—

(A)

Review team.— The Administrator shall establish a regulatory process review team (in this section referred to as the “review team”) comprising of FAA employees and individuals described in paragraph (2) to develop recommendations to improve the timeliness, performance, and accountability of the development and promulgation of regulatory materials.

(B)

Report.— The review team shall submit to the Administrator a report with recommendations in accordance with the deadlines specified in paragraph (5).

(2)

Other members; consultation.—

(A)

In general.— The review team shall include at least 3 outside experts and or academics with relevant experience or expertise in aviation safety and at least 1 outside expert with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as such process relates to aviation safety.

(B)

Consultation.— The review team may, as appropriate, consult with industry stakeholders.

(3)

Contents of review.— In conducting the review required under paragraph (1), the review team shall do the following:

(A)

Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rulemaking committees and stakeholders have collaborated on the proposed regulations.

(B)

With respect to each office within the FAA that reviews regulatory materials, assess—

(i)

the timeline assigned to each such office to complete the review of regulatory materials;

(ii)

the actual time spent for such review;

(iii)

opportunities to reduce the actual time for such review; and

(iv)

whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials.

(C)

Define and document the roles and responsibilities of each office within the FAA that develops, drafts, or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how the employees of each such office function in the rulemaking framework.

(D)

Describe any organizational changes or the need to hire additional FAA employees, if necessary, and take into consideration whether current positions are staffed, to reduce delays in publication of regulatory materials.

(E)

In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a progress tracker that updates to show the major stages (as determined by the Administrator) of the development of regulatory materials as such materials are initiated, in progress, and completed.

(F)

Consider changes to the best practices of the FAA under rules governing ex parte communications, including communications with international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for such regulatory materials related to enhancing aviation safety and the aviation international leadership of the United States.

(G)

Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes developed by recognized industry standards organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes.

(H)

Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity.

(4)

Action plan.— The Administrator shall develop and transmit to the appropriate committees of Congress an action plan to implement, as appropriate, the recommendations developed by the review team.

(5)

Deadlines.— The requirements of this section shall be subject to the following deadlines:

(A)

Not later than 120 days after the date of enactment of this section, the review team shall complete the evaluation required under paragraph (1) and submit to the Administrator the report of the review team on such evaluation.

(B)

Not later than 30 days after the date on which the review team submits the report under subparagraph (A), the Administrator shall develop and publish the action plan under paragraph (4).

(6)

Sunset.— The review team shall terminate upon completion of the requirements under paragraph (5).

(7)

Administrative procedure requirements inapplicable.— The provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”) shall not apply to any activities of the review team in carrying out the requirements of this section.

(8)

Regulatory materials defined.— In this subsection, the term “regulatory materials” means rules, advisory circulars, statements of policy, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.

(b)

Review of Non-regulatory Materials.—

(1)

In general.— Not later than 3 years after the date of enactment of this Act, the inspector general of the Department of Transportation shall review the coordination and approval processes of non-regulatory materials produced by the FAA to improve the timeliness, transparency, development, and issuance of such materials.

(2)

Contents of review.— In conducting the review under paragraph (1), the inspector general shall—

(A)

provide recommendations for improving processes and eliminating non-value-added reviews of non-regulatory materials within the FAA and Department of Transportation, in consideration of the authority of the Administrator under section 106 of title 49, United States Code, and other applicable laws;

(B)

consider, with respect to each office within the FAA and the Department of Transportation that reviews non-regulatory materials—

(i)

the timeline assigned to each such office to complete the review of such materials;

(ii)

the actual time spent for such review; and

(iii)

opportunities to reduce the actual time spent for such review;

(C)

describe any organizational changes and additional resources that the Administrator needs, if necessary, to reduce delays in the development and publication of proposed non-regulatory materials;

(D)

consider to what extent reporting mechanisms and templates could be used to provide the public with more consistent information on the development status of non-regulatory materials;

(E)

consider changes to the application of rules governing ex parte communications by the Administrator to provide flexibility for employees of the FAA to discuss non-regulatory materials with aviation stakeholders and foreign aviation authorities to promote United States aviation leadership;

(F)

recommend methods by which the Administrator can incorporate standards set by recognized industry standards organizations, as such term is defined in section 224(c), into non-regulatory materials to keep pace with rapid changes in aerospace technology and processes; and

(G)

evaluate the processes and best practices other civil aviation authorities and other Federal departments and agencies use to produce non-regulatory materials, particularly the processes of entities that produce such materials in an expedited fashion to respond to safety risks, incidents, or new technology adoption.

(3)

Consultation.— In conducting the review under paragraph (1), the inspector general may, as appropriate, consult with industry stakeholders, academia, and other individuals with relevant background or expertise in improving the efficiency of Federal non-regulatory material production.

(4)

Report.— Not later than 1 year after the inspector general initiates the review under paragraph (1), the inspector general shall submit to the Administrator a report on such review.

(5)

Action plan.—

(A)

In general.— The Administrator shall develop an action plan to implement, as appropriate, the recommendations contained in the report submitted under paragraph (4).

(B)

Briefing.— Not later than 90 days after receiving the report under paragraph (4), the Administrator shall brief the appropriate committees of Congress on such plan.

(6)

Non-regulatory materials defined.— In this subsection, the term “non-regulatory materials” means orders, statements of policy, guidance, technical standards, and other materials related to aviation safety, training, and operation of aeronautical products.

SEC. 206. Future of Nextgen.

(a)

Key Programs.— Not later than December 31, 2025, the Administrator shall operationalize all of the key programs under the NextGen program as described in the deployment plan of the FAA.

(b)

Office Termination.— The NextGen Office of the FAA shall terminate on December 31, 2025.

(c)

Transfer of Residual NextGen Implementation Functions.— If the Administrator does not complete the air traffic modernization project known as the NextGen program by the deadline specified in subsection (a), the Administrator shall transfer the residual functions for completing the NextGen program to the Airspace Modernization Office of the FAA established under section 207.

(d)

Transfer of NextGen Advisory Committee.— Not later than December 31, 2025, management of the NextGen Advisory Committee shall transfer to the Chief Operating Officer of the air traffic control system.

(e)

Transfer of Advanced Air Mobility Functions.— Not later than 90 days after the date of enactment of this Act, any advanced air mobility relevant functions, duties, and responsibilities of the NAS Systems Engineering and Integration Office or other offices within the Office of NextGen of the FAA shall be incorporated into the Office of Aviation Safety of the FAA.

(f)

Remaining Activities.— In carrying out subsection (a), and after implementing subsections (c) through (e), the Administrator shall transfer any remaining duties, authorities, activities, personnel, and assets managed by the Office of NextGen of the FAA to other offices of the FAA, as appropriate.

(g)

Technical Center for Advanced Aerospace.— Section 106 of title 49, United States Code, is further amended by striking subsection (h) and inserting the following:

“(h) Technical Center for Advanced Aerospace.—

“(1) In general.—There is established within the Administration a technology center 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;

“(ii) providing technical expertise and 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;

“(C) identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control 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

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

(h)

Conforming Amendment.— Section 44507 of title 49, United States Code, is amended—

(1)

by striking “ (a) Civil Aeromedical Institute” and all that follows through “ The Civil Aeromedical Institute established” and inserting “ The Civil Aeromedical Institute established”; and

(2)

by striking subsection (b).

SEC. 207. Airspace Modernization Office.

(a)

Establishment.—

(1)

In general.— On January 1, 2026, the Administrator shall establish within the FAA an Airspace Modernization Office (in this section referred to as the “Office”).

(2)

Placement.— The Administrator may task an existing office of the FAA with the functions of the Office.

(3)

Duties.— The Office shall be responsible for—

(A)

the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system;

(B)

the development of an information-centric national airspace system, including digitization of the processes and technology that supports such system;

(C)

improving the interoperability of FAA systems and third-party systems that support safe operations in the national airspace system; and

(D)

developing and periodically updating an integrated plan for the future state of the national airspace system in coordination with other offices of the FAA.

(b)

Integrated Plan Requirements.— The integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse and growing set of airspace users. The integrated plan shall include the following:

(1)

A description of the demand for services that will be required of the future air transportation system, and an explanation of how the demand projections were derived, including—

(A)

the most likely range of average annual resources required over the duration of the plan to cost effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the mission of the FAA; and

(B)

an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users.

(2)

A roadmap for creating and implementing the integrated plan, including—

(A)

the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and nonprofit organizations in carrying out such activities;

(B)

the annual anticipated cost of carrying out such activities;

(C)

the technical milestones that will be used to evaluate the activities; and

(D)

identifying technology gaps that the Administrator or industry may need to address to fully implement the integrated plan.

(3)

A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system.

(4)

A description of the management of the enterprise architecture framework for the introduction of any operational improvements and to inform FAA financial decision-making.

(5)

A justification for the operational improvements that the Office determines will need to be developed and deployed by 2040 to meet the needs of national airspace users, including the benefits, costs, and risks of the preferred and alternative options.

(c)

Considerations.— In developing an initial integrated plan required under subsection (b) and carrying out such plan, the Office shall consider—

(1)

the results and recommendations of the independent report on implementation of the NextGen program under section 603;

(2)

the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and

(3)

the findings of the audit required by section 622, and the resulting plan to replace or enhance the identified legacy systems within a reasonable timeframe.

(d)

Consultation.— In developing and carrying out the integrated plan, the Office shall consult with the NextGen Advisory Committee of the FAA.

(e)

Plan Deadline; Briefings.—

(1)

Plan deadline.— Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Appropriations of the House of Representatives an initial integrated plan required under subsection (a)(3)(D).

(2)

Annual briefings.— The Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required under subsection (a)(3)(D), including any changes to the plan, through 2028.

(f)

DOT Inspector General Review.— Not later than 180 days after submission of the initial integrated plan under subsection (e)(1), the inspector general of the Department of Transportation shall begin a review of the integrated plan and submit to the committees of Congress specified in subsection (e)(1) a report that—

(1)

assesses the justification for the integrated plan;

(2)

provides any recommendations for improving the integrated plan; and

(3)

includes any other information that the inspector general determines appropriate.

SEC. 208. Application Dashboard and Feedback Portal.

(a)

In General.— The Deputy Administrator of the FAA shall determine whether a publicly facing dashboard that provides applicants with the status of an application before the FAA would be—

(1)

beneficial to applicants;

(2)

an efficient use of resources to build, maintain, and update; or

(3)

duplicative with other efforts of the FAA to streamline and digitize paperwork and certification processes to provide an applicant with a greater awareness of the status of an application before the FAA.

(b)

Recommendation.— Not later than 30 months after the date of enactment of this Act, the Deputy Administrator shall provide to the Administrator a recommendation regarding the need for or benefits of a dashboard or other means by which to track an application status.

(c)

Briefing.— Not later than 45 days after receiving recommendations under subsection (b), the Administrator shall brief the appropriate Committees of Congress on—

(1)

any recommendation received under subsection (b); and

(2)

any activities the Administrator is taking in response to such recommendation.

(d)

FAA Feedback Portal.—

(1)

In general.— The Deputy Administrator shall determine whether a publicly facing portal on the website of the FAA through which the public may provide feedback to the Administrator about experiences individuals have working with personnel of the FAA would be beneficial.

(2)

Requirements.— The Deputy Administrator shall ensure any portal established under this subsection asks questions that seek to gauge any shortcomings the FAA has in fulfilling the mission of the FAA or areas where the FAA is succeeding in meeting the mission of the FAA.

(e)

Application.— This section shall apply to applications relating to—

(1)

an aircraft, aircraft engine, propeller, or appliance certification;

(2)

an airman or pilot certificate;

(3)

a medical certificate;

(4)

an operator certificate;

(5)

when authority under chapter 509 of title 51, United States Code, is explicitly delegated by the Secretary to the Administrator, a license or permit issued under such chapter;

(6)

an aircraft registration;

(7)

an operational approval, waiver, or exemption;

(8)

a legal interpretation;

(9)

an outstanding agency determination; and

(10)

any certificate not otherwise described in this subparagraph that is issued pursuant to chapter 447 of title 49, United States Code.

SEC. 209. Sense of Congress on Faa Engagement During Rulemaking Activities.

It is the sense of Congress that—

(1)

the Administrator should—

(A)

engage with aviation stakeholder groups and the public during pre-drafting stages of rulemaking activities and use, to the greatest extent practicable, properly docketed ex parte discussions during rulemaking activities in order to—

(i)

inform the work of the Administrator;

(ii)

assist the Administrator in developing the scope of a rule; and

(iii)

reduce the timeline for issuance of proposed and final rules;

(B)

rely on documented data and safety trends when determining whether or not to proceed with a rulemaking activity; and

(C)

not consider a rulemaking activity required in statute, for the purposes of ex parte communications, as having been established on the date of enactment of the related public law, but rather upon obtainment of a regulation identifier number; and

(2)

when it would reduce the time required for the Administrator to adjudicate public comments, the Administrator should publicly provide information describing the rationale behind a regulatory decision included in proposed regulations in order to better allow for the public to provide clear and informed comments on such regulations.

SEC. 210. Civil Aeromedical Institute.

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

SEC. 211. Management Advisory Council.

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

(1)

by transferring paragraph (8) of subsection (p) to subsection (r) and redesignating such paragraph as paragraph (7); and

(2)

by striking subsection (p) and inserting the following:

“(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.

“(3) Qualifications.—No officer or employee of the Federal Government may be appointed to the Council under subparagraph (C) 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 may 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.

“(B) Meetings.—The Council shall meet not less than 3 times annually or at the call of the chair or the Administrator.

“(C) Access to documents and staff.—The Administrator 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)(E) 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)(E).

“(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 predecessor of the member 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 successor of the member takes office.

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

“(F) Chair; vice 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 chair in the absence of the 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 the responsibilities of the Council under this subsection.”

SEC. 212. Chief Operating Officer.

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

(1)

in paragraph (1)—

(A)

by striking subparagraph (A) and inserting the following:

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

; and

(B)

in subparagraph (E) by striking “ shall be appointed for the remainder of that term” and inserting “ may be appointed for either the remainder of the term or for a full term”;

(2)

in paragraph (2) by striking “ , with the approval of the Air Traffic Services Committee”;

(3)

in paragraph (3)—

(A)

by striking “ , in consultation with the Air Traffic Services Committee,”; and

(B)

by striking “ annual basis.” and inserting—

“(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.”

(4)

in paragraph (4) by striking “ such information as may be prescribed by the Secretary” and inserting “ the annual performance agreement required under paragraph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator”; and

(5)

in paragraph (5)—

(A)

by striking “ Chief Operating Officer, or any other authority within the Administration responsibilities, including” and inserting “ Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum”;

(B)

in subparagraph (A)—

(i)

in clause (iii) by striking “ and” at the end;

(ii)

in clause (iv) by striking the period at the end and inserting “ ; and”; and

(iii)

by adding at the end the following:

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

; and

(C)

in subparagraph (C)(ii) by striking “ and the Committee”.

SEC. 213. Report on Unfunded Capital Investment Needs of Air Traffic Control System.

Section 106(r) of title 49, United States Code, is further amended by adding at the end the following:

“(6) Unfunded capital investment needs report.—

“(A) In general.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1150 of title 31, the Administrator shall submit to the Secretary, 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 any unfunded capital investment needs of the air traffic control system.

“(B) Contents of briefing.—In providing the report under subparagraph (A), the Administrator shall include, for each unfunded capital investment need, the following:

“(i) A summary description of such unfunded capital investment need.

“(ii) The objective to be achieved if such unfunded capital investment need is funded in whole or in part.

“(iii) The additional amount of funds recommended in connection with such objective.

“(iv) The Budget Line Item Program and Budget Line Item number associated with such unfunded capital investment need, as applicable.

“(v) Any statutory requirement associated with such unfunded capital investment need, as applicable.

“(C) Prioritization of requirements.—The briefing required under subparagraph (A) shall present unfunded capital investment needs in overall urgency of priority.

“(D) Unfunded capital investment need defined.—In this paragraph, the term ‘unfunded capital investment need’ means a program that—

“(i) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;

“(ii) is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system;

“(iii) is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and

“(iv) would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if—

“(I) additional resources had been available for the budget to fund the program, activity, or mission requirement; or

“(II) the program, activity, or mission requirement has emerged since the budget was formulated.”

SEC. 214. Chief Technology Officer.

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

(1)

in paragraph (1)—

(A)

in subparagraph (A) by striking “ There shall be” and all that follows through the period at the end and inserting “ The Chief Technology Officer shall be appointed by the Administrator.”;

(B)

in subparagraph (B) by striking “ management” and inserting “ management, systems management,”;

(C)

by striking subparagraphs (C) and (D);

(D)

by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and

(E)

by inserting before subparagraph (B), as so redesignated, the following:

“(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.”

(2)

in paragraph (2)—

(A)

in subparagraph (A) by striking “ program”; and

(B)

in subparagraph (F) by striking “ aircraft operators” and inserting “ the Administration, aircraft operators, or other private providers of information and services related to air traffic management”; and

(3)

in paragraph (3)—

(A)

in subparagraph (A) by striking “ 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 title.”;

(B)

by redesignating subparagraph (B) as subparagraph (C); and

(C)

by inserting after subparagraph (A) the following:

“(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 such title.”

SEC. 215. Definition of Air Traffic Control System.

Section 40102(a)(47) of title 49, United States Code, is amended—

(1)

in subparagraph (C) by striking “ and” at the end;

(2)

in subparagraph (D) by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(E) systems, software, and hardware operated, owned, and maintained by third parties that support or directly provide air navigation information and air traffic management services with Administration approval.”

SEC. 216. Peer Review of Office of Whistleblower Protection and Aviation Safety Investigations.

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

(1)

by striking paragraph (7);

(2)

by inserting after paragraph (6) the following:

“(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 FAA Reauthorization Act of 2024, 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.

“(B) Peer review scope.—In completing the peer reviews required under this paragraph, the inspector general shall, to the extent appropriate, use the most recent peer review guides published by the Council of the 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.”

; and

(3)

in paragraph (8)(B) by striking the comma.

SEC. 217. Cybersecurity Lead.

(a)

In General.— The Administrator shall designate an executive of the FAA to serve as the lead for the cybersecurity of FAA systems and hardware (in this section referred to as the “Cybersecurity Lead”).

(b)

Duties.— The Cybersecurity Lead shall carry out duties and powers prescribed by the Administrator, including the management of activities required under subtitle B of title III.

(c)

Briefing.— Not later than 1 and 3 years after the date of enactment of this Act, the Cybersecurity Lead shall brief the appropriate committees of Congress on the implementation of subtitle B of title III.

SEC. 218. Eliminating Faa Reporting and Unnecessary Requirements.

(a)

Annual Report on Aviation Activities.— Section 308 of title 49, United States Code, is amended—

(1)

by striking subsection (b);

(2)

by redesignating subsection (c) as subsection (b); and

(3)

by redesignating subsection (e) as subsection (c).

(b)

Annual Report on the Purchase of Foreign Manufactured Articles.— Section 40110(d) of title 49, United States Code, is amended by striking paragraph (5).

(c)

Annual Report on Assistance to Foreign Aviation Authorities.— Section 40113(e) of title 49, United States Code, is amended—

(1)

by striking paragraph (4); and

(2)

by redesignating paragraph (5) as paragraph (4).

(d)

AIP Annual Report.— Section 47131 of title 49, United States Code, and the item relating to such section in the analysis for chapter 471 of such title, are repealed.

(e)

Transfer of Airport Land Use Compliance Report to NPIAS.— Section 47103 of title 49, United States Code, is amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following:

“(d) 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).”

(f)

Notice to Airport Sponsors Regarding Purchase of American Made Equipment and Products.— Section 306 of the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. 50101 note) is amended—

(1)

in subsection (a) by striking “ (a)” and all that follows through “ It is the sense” and inserting “ It is the sense”; and

(2)

by striking subsection (b).

(g)

Obsolete Aviation Security Requirements.— Sections 302, 307, 309, and 310 of the Federal Aviation Reauthorization Act of 1996 (Public Law 104–264), and the items relating to such sections in the table of contents in section 1(b) of such Act, are repealed.

(h)

Regulation of Alaska Guide Pilots.— Section 732 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 44701 note) is amended—

(1)

by striking subsection (b);

(2)

by redesignating subsection (c) as subsection (b); and

(3)

in subsection (b), as so redesignated—

(A)

in the subsection heading by striking “ Definitions” and inserting “ Definition of Alaska Guide Pilot”;

(B)

by striking “ , the following definitions apply” and all that follows through “ The term ‘Alaska guide pilot’ ” and inserting “ the term ‘Alaska guide pilot’ ”; and

(C)

by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3) (and adjusting the margins accordingly).

(i)

Next Generation Air Transportation Senior Policy Committee.— Section 710 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 40101 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.

(j)

Improved Pilot Licenses and Pilot License Rulemaking.—

(1)

Intelligence reform and terrorism prevention act.— Section 4022 of the Intelligence Reform and Terrorism Prevention Act of 2004 (49 U.S.C. 44703 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.

(2)

FAA modernization and reform act of 2012.— Section 321 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44703 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.

(k)

Technical Training and Staffing Study.— Section 605 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95) is amended—

(1)

by striking subsection (a);

(2)

in subsection (b)—

(A)

by striking “ (b) Workload of Systems Specialists.—”; and

(B)

by redesignating paragraphs (1) through (3) as subsections (a) through (c) (and adjust the margins and header casing appropriately); and

(3)

in subsection (c) (as so redesignated) by striking “ paragraph (1)” and inserting “ subsection (a)”.

(l)

Ferry Flight Duty Period and Flight Time Rulemakings.— Section 345 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.

(m)

Laser Pointer Incident Reports.— Section 2104 of FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301 note) is amended—

(1)

in subsection (a) by striking “ quarterly updates” and inserting “ annually an annual briefing”; and

(2)

by adding at the end the following:

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

(n)

Cold Weather Projects Briefing.— Section 156 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47112 note) is amended—

(1)

by striking subsection (b); and

(2)

by redesignating subsection (c) as subsection (b).

(o)

Biannual GAO Audit.— Any provision of the FAA Modernization and Reform Act of 2012 (Public Law 112–95), including any amendment made by such Act, that requires the Comptroller General to conduct an audit (including a recurring audit) shall have no force or effect.

SEC. 219. Authority to Use Electronic Service.

Section 46103 of title 49, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (B) by striking “ or” after the semicolon;

(ii)

in subparagraph (C) by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

“(D) by electronic or facsimile transmission to the person to be served or the designated agent of the person; or

“(E) as designated by regulation or guidance published in the Federal Register.”

; and

(B)

by adding at the end the following:

“(3) The date of service made by an electronic or facsimile method is—

“(A) the date an electronic or facsimile transmission is sent; or

“(B) the date a notification is sent by an electronic or facsimile method that a notice, process, or action is immediately available and accessible in an electronic database.”

; and

(2)

in subsection (c) by striking the first sentence and inserting “ Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent.”.

SEC. 220. Safety and Efficiency Through Digitization of Faa Systems.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, the Administrator shall—

(1)

identify, at the discretion of the Administrator, not less than 3 processes of the FAA that result in a certification and require paper-based information exchange between external entities and the FAA or offices within the FAA (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and

(2)

initiate the digitization of such processes.

(b)

Requirements.— In carrying out the digitization required under subsection (a), the Administrator shall ensure that the digitization of any process allows for—

(1)

an applicant to track the application of such applicant throughout the period of submission and review of such application; and

(2)

the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application.

(c)

Briefing to Congress.— Not later than 2 years after the date on which the Administrator initiates the digitization under subsection (a)(2), the Administrator shall brief the appropriate committees of Congress on the progress of such digitization.

(d)

Definition of Digitization.— In this section, the term “digitization” means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.

SEC. 221. Faa Telework.

(a)

In General.— The Administrator—

(1)

may establish telework policies for employees of the FAA that allow for the Administrator to reduce the office footprint and associated expenses of the FAA, if appropriate, increase workforce retention, and provide flexibilities that the Administrator demonstrates increases efficiency and effectiveness of the Administration, while requiring that any such policy—

(A)

does not adversely impact the mission of the FAA;

(B)

does not reduce the safety or efficiency of the national airspace system;

(C)

for any employee that is designated as an officer or executive in the FAA Executive System or a political appointee (as such term is defined in section 106 of title 49, United States Code)—

(i)

maximizes time at a duty station for such employee, excluding official travel; and

(ii)

may include telework provisions as determined appropriate by the Administrator, commensurate with official duties for such employee;

(D)

provides for on-the-job training opportunities for FAA personnel that are not less than such opportunities available in 2019;

(E)

reflects the appropriate work status of employees based on the job functions of such employee;

(F)

optimizes the work status of inspectors, investigators, and other personnel performing safety-related functions to ensure timely completion of safety oversight activities;

(G)

provides for personnel, including such personnel performing work related to aircraft certification and flight standards, who are responsible for actively working with regulated entities, external stakeholders, or other members of the public to be—

(i)

routinely available on a predictable basis for in-person and virtual communications with external persons; and

(ii)

not hindered from meeting with, visiting, auditing, or inspecting facilities or projects of regulated persons due to any telework policy; and

(H)

provides opportunities for in-person dialogue, collaboration, and ideation for all employees;

(2)

ensures that locality pay for an employee of the FAA accurately reflects the telework status and duty station of such employee;

(3)

may not establish a telework policy for an employee of the FAA unless such employee will be provided with secure network capacity, communications tools, necessary and secure access to appropriate agency data assets and Federal records, and equipment sufficient to enable such employee to be fully productive; and

(4)

not later than 2 years after the date of enactment of this Act, shall evaluate and address any telework policies in effect on the day before such date of enactment to ensure that such policies meet the requirements of paragraph (1).

(b)

Congressional Update.— Not later than 1 year after the date of enactment of this Act, and 1 year thereafter, the Administrator shall brief the appropriate committees of Congress on any telework policies currently in place, the implementation of such policies, and the benefits of such policies.

(c)

Consultation.— If the Administrator determines that telework agreements need to be updated to implement the requirements of subsection (a), the Administrator shall, prior to updating such agreements, consult with—

(1)

exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and

(2)

labor organizations certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors and engineers of the FAA.

SEC. 222. Review of Office Space.

(a)

FAA Review.—

(1)

Initiation of review.— Not later than 12 months after the date of enactment of this Act, the Secretary shall initiate an inventory review of the domestic office footprint of the Department of Transportation.

(2)

Completion of review.— Not later than 30 months after the date of enactment of this Act, the Secretary shall complete the inventory review required under paragraph (1).

(b)

Contents of Review.— In completing the review under subsection (a), the Secretary shall—

(1)

delineate the domestic office footprint, as determined appropriate by the Secretary;

(2)

determine space adequacy related to—

(A)

the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the corresponding accessibility guidelines established under part 1191 of title 36, Code of Federal Regulations; and

(B)

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

(3)

determine the feasible occupancy of such space, and provide the methodology used to make the determination;

(4)

determine the number of individuals who are full-time equivalent employees, other support personnel, or contractors that have each such unit as a duty station and determine how telework policies will impact the usage of such space;

(5)

calculate the amount of available, unused, or underutilized space in each such space;

(6)

consider any lease terms for leased space contained in the domestic office footprint, including cost and effective dates for each such lease; and

(7)

based on the findings in paragraphs (2) through (6), and any other metrics the Secretary determines relevant, provide recommendations for optimizing the use of office space across the Department in consultation with appropriate employee labor representatives.

(c)

Report.— Not later than 4 months after completing the review under subsection (a), the Secretary shall submit to the appropriate committees of Congress a final report that proposes opportunities to optimize the domestic office footprint of the FAA (and associated costs). In compiling such final report, the Secretary shall describe opportunities for—

(1)

consolidation of offices within a reasonable distance, as determined by the Senior Real Property Officer of the Department of Transportation, from one another;

(2)

the collocation of regional or satellite offices of separate modes of the Department, including the costs and benefits of shared amenities; and

(3)

the use of coworking spaces instead of permanent offices.

(d)

Domestic Office Footprint Defined.— In this section, the term “domestic office footprint” means buildings, offices, facilities, and other real property rented, owned, or occupied by the FAA or Department—

(1)

in which employees report for permanent or temporary duty that are not FAA Airport Traffic Control Towers, Terminal Radar Approach Control Facilities, Air Route Traffic Control Centers, and Combined Control Facilities; and

(2)

which are located within the United States.

SEC. 223. Restoration of Authority.

(a)

In General.— Chapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following:

“§ 40119. Sensitive security information

“(a) Disclosure.—

“(1) Regulations prohibiting disclosure.—Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would—

“(A) be an unwarranted invasion of personal privacy;

“(B) reveal a trade secret or privileged or confidential commercial or financial information; or

“(C) be detrimental to transportation safety.

“(2) Disclosure to congress.—Paragraph (1) shall not be construed to authorize information to be withheld from a committee of Congress authorized to have such information.

“(3) Rule of construction.—Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as such term is defined in section 15.5 of title 49, Code of Federal Regulations) to—

“(A) conceal a violation of law, inefficiency, or administrative error;

“(B) prevent embarrassment to a person, organization, or agency;

“(C) restrain competition; or

“(D) prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.

“(4) Law enforcement disclosure.—Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.

“(b) Transfers of Duties and Powers Prohibited.—Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government.”

(b)

Effective Date.— The amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254).

(c)

Conforming Amendment.— The analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following:

“40119. Sensitive security information.”.

SEC. 224. Faa Participation in Industry Standards Organizations.

(a)

In General.— The Administrator shall encourage the participation of employees of the FAA, as appropriate, in the activities of recognized industry standards organizations to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organizations by the Administrator.

(b)

Participation.— An employee of the FAA directed by the Administrator to participate in a working group, task group, committee, or similar body of a recognized industry standards organization shall—

(1)

actively participate in the discussions and work of such organization;

(2)

accurately represent the position of the Administrator on the subject matter of such discussions and work;

(3)

contribute to the development of work products of such organization, unless determined to be inappropriate by such organization;

(4)

make reasonable efforts to identify and make any concerns of the Administrator relating to such work products known to such organization, including through providing formal comments, as may be allowed for under the procedures of such organization;

(5)

provide regular updates to other FAA employees and management on the progress of such work products; and

(6)

seek advice and input from other FAA employees and management, as needed.

(c)

Recognized Industry Standards Organization Defined.— In this section, the term “recognized industry standards organization” means a domestic or international organization that—

(1)

uses agreed upon procedures to develop aviation-related industry standards or means of compliance, including standards or means of compliance that satisfy FAA requirements or guidance;

(2)

is comprised of members of the public, including subject matter experts, industry representatives, academics and researchers, and government employees; and

(3)

has had at least 1 standard or means of compliance accepted by the Administrator or referenced in guidance material or a regulation issued by the FAA after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176).

SEC. 225. Sense of Congress on Use of Voluntary Consensus Standards.

It is the sense of Congress that the Administrator should make every effort to abide by the policies set forth in the circular of the Office of Management and Budget, titled “Federal Participation in the Development and Use of Voluntary Consensus Standards and Conformity Assessment Activities” (A–119).

SEC. 226. Required Designation.

The Administrator shall designate any aviation rulemaking committee convened under this Act pursuant to section 106(p)(5) of title 49, United States Code.

SEC. 227. Administrative Services Franchise Fund.

Title I of the Department of Transportation and Related Agencies Appropriations Act, 1997 (49 U.S.C. 40113 note) is amended under the heading “Administrative Services Franchise Fund” by striking “ shall be paid in advance” and inserting “ may be reimbursed after performance or paid in advance”.

SEC. 228. Commercial Preference.

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

(1)

in paragraph (1) by striking “ and implement” and inserting “ , implement, and periodically update”;

(2)

in paragraph (2) by striking “ the new acquisition management system developed and implemented” and inserting “ the acquisition management system developed, implemented, and periodically updated” each place it appears;

(3)

in paragraph (3)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking “ new”; and

(ii)

by striking “ and implemented” and inserting “ , implemented, and periodically updated”; and

(B)

in subparagraph (B) by striking “ Within” and all that follows through “ the Administrator” and inserting “ The Administrator”;

(4)

by redesignating paragraph (4) as paragraph (5); and

(5)

by inserting after paragraph (3) the following:

“(4) Commercial products and services.—In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible—

“(A) describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of—

“(i) functions to be performed;

“(ii) performance required; or

“(iii) essential physical and system characteristics;

“(B) ensure that commercial services or commercial products may be procured to fulfill such solicitation, or to the extent that commercial products suitable to meet the needs of the Administration are not available, ensure that nondevelopmental items other than commercial products may be procured to fulfill such solicitation;

“(C) provide offerors of commercial services, commercial products, and nondevelopmental items other than commercial products an opportunity to compete in any solicitation for the procurement of supplies or services;

“(D) revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services;

“(E) ensure that any procurement of new equipment takes into account the life cycle, reliability, performance, service support, and costs to guarantee the acquisition of equipment that is of high quality and reliability resulting in greater performance and cost-related benefits; and

“(F) ensure that procurement officials—

“(i) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration;

“(ii) in a solicitation for the procurement of supplies or services, state the specifications for such supplies or services in terms that enable and encourage bidders and offerors to supply commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, to supply nondevelopmental items other than commercial products;

“(iii) require that prime contractors and subcontractors at all levels under contracts with the Administration incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the Administration;

“(iv) modify procurement requirements in appropriate circumstances to ensure that such requirements can be met by commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, nondevelopmental items other than commercial products; and

“(v) require training of appropriate personnel in the acquisition of commercial products and commercial services.”

SEC. 229. Advanced Aviation Technology and Innovation Steering Committee.

(a)

Establishment.— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the “Steering Committee”) to assist the FAA in planning for and integrating advanced aviation technologies.

(b)

Purpose.— The Steering Committee shall—

(1)

create and regularly update a comprehensive strategy and action plan for integrating advanced aviation technologies into the national airspace system and aviation ecosystem; and

(2)

provide direction and resolution for complex issues related to advanced aviation technologies that span multiple offices or lines of business of the FAA, as needed.

(c)

Chair.— The Deputy Administrator of the FAA shall serve as the Chair of the Steering Committee.

(d)

Composition.— In addition to the Chair, the Steering Committee shall consist of the Assistant or Associate Administrator, or the designee of such Administrator, of each of the following FAA offices:

(1)

Office of Aviation Safety.

(2)

Air Traffic Organization.

(3)

Office of Airports.

(4)

Office of Commercial Space Transportation.

(5)

Office of Finance and Management.

(6)

Office of the Chief Counsel.

(7)

Office of Rulemaking and Regulatory Improvement.

(8)

Office of Policy, International Affairs, and Environment.

(9)

Office of Security and Hazardous Materials Safety.

(10)

Any other Office the Administrator determines necessary.

SEC. 230. Review and Updates of Categorical Exclusions.

(a)

Review.— Not later than 1 year after the date of enactment of this Act, the Secretary shall identify each categorical exclusion under the jurisdiction of the Department of Transportation, including any operating administration within the Department.

(b)

New Categorical Exclusions for Airport Projects.— Not later than 2 years after the date of enactment of this Act, the Administrator shall—

(1)

review the categorical exclusions applied by other operating administrations identified in subsection (a); and

(2)

take such action as may be necessary to adopt, as relevant and appropriate, new categorical exclusions that meet the requirements of section 1508.4 of title 40, Code of Federal Regulations, from among categorical exclusions reviewed by the Secretary in paragraph (1) for use by the FAA.

SEC. 231. Implementation of Anti-Terrorist and Narcotic Air Events Programs.

(a)

Implementation.—

(1)

Priority recommendations.— Not later than 180 days after the date of enactment of this section, the Administrator shall—

(A)

implement recommendations 6, 13, 14, and 15 as set forth in the Government Accountability Office report entitled “Aviation: FAA Needs to Better Prevent, Detect, and Respond to Fraud and Abuse Risks in Aircraft Registration,” (dated March 25, 2020); and

(B)

to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking authority of the FAA.

(2)

Remaining recommendations.— The Administrator shall implement recommendations 1 through 5 and 8 through 12 as set forth in the Government Accountability Office report described in paragraph (1) and, to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking authority of the FAA, on the earlier of—

(A)

the date that is 90 days after the date on which the FAA implements the Civil Aviation Registry Electronic Services system; or

(B)

January 1, 2026.

(b)

Reports.—

(1)

Priority recommendations.— Not later than 60 days after the date on which the Administrator implements the recommendations under subsection (a)(1), the Administrator shall submit to the Committees on the Judiciary and Commerce, Science, and Transportation of the Senate, the Committees on the Judiciary and Energy and Commerce of the House of Representatives, and the Caucus on International Narcotics Control of the Senate a report on such implementation, including a description of any steps taken by the Administrator to complete such implementation.

(2)

Remaining recommendations.— Not later than 60 days after the date on which the Administrator implements the recommendations under subsection (a)(2), the Administrator shall submit to the Committees on the Judiciary and Commerce, Science, and Transportation of the Senate, the Committees on the Judiciary and Energy and Commerce of the House of Representatives, and the Caucus on International Narcotics Control of the Senate a report on such implementation, including a description of any steps taken by the Administrator to complete such implementation.

Title II — Faa Oversight and Organizational Reform

TITLE II Faa Oversight and Organizational Reform

SEC. 201. Faa Leadership.

SEC. 202. Assistant Administrator for Rulemaking and Regulatory Improvement.

SEC. 203. Prohibition on Conflicting Pecuniary Interests.

SEC. 204. Authority of Secretary and Administrator.

SEC. 205. Regulatory Materials Improvement.

SEC. 206. Future of Nextgen.

SEC. 207. Airspace Modernization Office.

SEC. 208. Application Dashboard and Feedback Portal.

SEC. 209. Sense of Congress on Faa Engagement During Rulemaking Activities.

SEC. 210. Civil Aeromedical Institute.

SEC. 211. Management Advisory Council.

SEC. 212. Chief Operating Officer.

SEC. 213. Report on Unfunded Capital Investment Needs of Air Traffic Control System.

SEC. 214. Chief Technology Officer.

SEC. 215. Definition of Air Traffic Control System.

SEC. 216. Peer Review of Office of Whistleblower Protection and Aviation Safety Investigations.

SEC. 217. Cybersecurity Lead.

SEC. 218. Eliminating Faa Reporting and Unnecessary Requirements.

SEC. 219. Authority to Use Electronic Service.

SEC. 220. Safety and Efficiency Through Digitization of Faa Systems.

SEC. 221. Faa Telework.

SEC. 222. Review of Office Space.

SEC. 223. Restoration of Authority.

SEC. 224. Faa Participation in Industry Standards Organizations.

SEC. 225. Sense of Congress on Use of Voluntary Consensus Standards.

SEC. 226. Required Designation.

SEC. 227. Administrative Services Franchise Fund.

SEC. 228. Commercial Preference.

SEC. 229. Advanced Aviation Technology and Innovation Steering Committee.

SEC. 230. Review and Updates of Categorical Exclusions.

SEC. 231. Implementation of Anti-Terrorist and Narcotic Air Events Programs.

Cite this provision

Incoming references