Title III — Aviation Safety Improvements

118th Congress · Approved May 16, 2024 · 138 Stat. 1025

TITLE III Aviation Safety Improvements

Subtitle A General Provisions

SEC. 301. Helicopter Air Ambulance Operations.

(a)

Outdated Air Ambulance Rulemaking Requirement.— Section 44730 of title 49, United States Code, is amended—

(1)

in subsection (a)(1) by striking “ not later than 180 days after the date of enactment of this section,”;

(2)

in subsection (c) by striking “ address the following” and inserting “ consider, or address through other means, the following”;

(3)

in subsection (d) by striking “ provide for the following” and inserting “ consider, or address through other means, the following”; and

(4)

in subsection (e)—

(A)

in the heading by striking “ Subsequent Rulemaking” and inserting “ Subsequent Actions”;

(B)

in paragraph (1) by striking “ shall conduct a follow-on rulemaking to address the following:” and inserting “ shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:”;

(C)

by striking paragraph (2); and

(D)

by redesignating paragraph (3) as paragraph (2).

(b)

Safety Management Systems Briefing.— Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on how the final rule titled “Safety Management System”, published on April 26, 2024, (89 Fed. Reg. 33068), will—

(1)

improve helicopter air ambulance operations and piloting; and

(2)

consider the use of safety equipment by flight crew and medical personnel on a helicopter conducting an air ambulance operation.

(c)

Improvement of Publication of Helicopter Air Ambulance Operations Data.— Section 44731 of title 49, United States Code, is amended—

(1)

by striking subsection (d);

(2)

in subsection (e)—

(A)

in paragraph (1) by striking “ and” at the end; and

(B)

by striking paragraph (2) and inserting the following:

“(2) make publicly available, in part or in whole, on a website of the Federal Aviation Administration, the database developed pursuant to subsection (c); and

“(3) analyze the data submitted under subsection (a) periodically and use such data to inform efforts to improve the safety of helicopter air ambulance operations.”

; and

(3)

by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

SEC. 302. Global Aircraft Maintenance Safety Improvements.

(a)

FAA Oversight of Repair Stations Located Outside the United States.—

(1)

In general.— Section 44733 of title 49, United States Code, is amended—

(A)

in the heading by striking “ Inspection” and inserting “ Oversight”;

(B)

in subsection (a) by striking “ Not later than 1 year after the date of enactment of this section, the” and inserting “ The”;

(C)

in subsection (e)—

(i)

by inserting “ , without prior notice to such repair stations,” after “ annually”;

(ii)

by inserting “ and the applicable laws of the country in which the repair station is located” after “ international agreements”; and

(iii)

by striking the last sentence and inserting “ The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the part 145 repair station is located.”;

(D)

by redesignating subsection (g) as subsection (j); and

(E)

by inserting after subsection (f) the following:

“(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.

“(4) 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 18 months 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 18 months 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.”

(2)

Definitions.—

(A)

In general.— Section 44733(j) of title 49, United States Code (as redesignated by this section), is amended—

(i)

in paragraph (1) by striking “ aircraft” and inserting “ aircraft (including on-wing aircraft engines)”;

(ii)

by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and

(iii)

by inserting before paragraph (2), as so redesignated, the following:

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

“(A) is located outside the United States;

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

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

(B)

Technical amendment.— Section 44733(a)(3) of title 49, United States Code, is amended by striking “ covered part 145 repair stations” and inserting “ part 145 repair stations”.

(3)

Conforming amendments.— The analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following:

“44733. Oversight of repair stations located outside the United States.”.

(b)

Alcohol and Drug Testing and Background Checks.—

(1)

In general.— Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a final rule carrying out the requirements of section 2112(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733 note).

(2)

Rulemaking on assessment requirement.— With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking (or request that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.

(3)

Definition of covered repair station.— For purposes of this subsection, the term “covered repair station” means a facility that—

(A)

is located outside the United States;

(B)

is certificated under part 145 of title 14, Code of Federal Regulations; and

(C)

performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.

SEC. 303. Oda Best Practice Sharing.

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

(1)

in paragraph (1) by striking “ Not later than 120 days after the date of enactment of this section, the” and insert “ The”; and

(2)

in paragraph (3)—

(A)

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

(B)

in subparagraph (F) by striking the period and inserting “ ; and”; and

(C)

by adding at the end the following:

“(G) convene a forum not less than every 2 years between ODA holders, unit members, and other organizational representatives and relevant experts, in order to—

“(i) share best practices;

“(ii) instill professionalism, ethics, and personal responsibilities in unit members; and

“(iii) foster open and transparent communication between Administration safety specialists, ODA holders, and unit members.”

SEC. 304. Training of Organization Delegation Authorization Unit Members.

(a)

Unit Member Annual Ethics Training.— Section 44736 of title 49, United States Code, is further amended by adding at the end the following:

“(g) Ethics Training Requirement for ODA Holders.—

“(1) In general.—Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall review and ensure each ODA holder authorized by the Administrator under section 44702(d) has in effect a recurrent training program for all ODA unit members that covers—

“(A) unit member professional obligations and responsibilities;

“(B) the ODA holder’s code of ethics as required to be established under section 102(f) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44701 note);

“(C) procedures for reporting safety concerns, as described in the respective approved procedures manual for the delegation;

“(D) the prohibition against and reporting procedures for interference from a supervisor or other ODA member described in section 44742; and

“(E) any additional information the Administrator considers relevant to maintaining ethical and professional standards across all ODA holders and unit members.

“(2) FAA review.—

“(A) Review of training program.—The Organization Designation Authorization Office of the Administration established under subsection (b) shall review each ODA holders’ recurrent training program to ensure such program includes—

“(i) all elements described in paragraph (1); and

“(ii) training to instill professionalism and clear understanding among ODA unit members about the purpose of and procedures associated with safety management systems, including the provisions of the third edition of the Safety Management Manual issued by the International Civil Aviation Organization (Doc 9859) (or any successor edition).

“(B) Changes to program.—Such Office may require changes to the training program considered necessary to maintain ethical and professional standards across all ODA holders and unit members.

“(3) Training.—As part of the recurrent training program required under paragraph (1), not later than 60 business days after being designated as an ODA unit member, and annually thereafter, each ODA unit member shall complete the ethics training required by the ODA holder of the respective ODA unit member in order to exercise the functions delegated under the ODA.

“(4) Accountability.—The Administrator shall establish such processes or requirements as are necessary to ensure compliance with paragraph (3).”

(b)

Deadline.— An ODA unit member authorized to perform delegated functions under an ODA prior to the date of completion of an ethics training required under section 44736(g) of title 49, United States Code, shall complete such training not later than 60 days after the training program is approved by the Administrator pursuant to such section.

SEC. 305. Clarification on Safety Management System Information Disclosure.

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

(1)

in subsection (a)—

(A)

in paragraph (1) by striking “ ; or” and inserting a semicolon;

(B)

in paragraph (2) by striking the period at the end and inserting “ ; or”; and

(C)

by adding at the end the following:

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

; and

(2)

by adding at the end the following:

“(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.

“(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, including the requirement to not disclose voluntarily provided safety-related information under section 1114.”

SEC. 306. Reauthorization of Certain Provisions of the Aircraft Certification, Safety, and Accountability Act.

(a)

Oversight of Organization Designation Authorization Unit Members.— Section 44741 of title 49, United States Code, is amended—

(1)

in subsection (f)(2)—

(A)

in the matter preceding subparagraph (A) by striking “ Not later than 90 days” and all that follows through “ the Administrator shall provide a briefing” and inserting “ The Administrator shall provide biannual briefings each fiscal year through September 30, 2028”; and

(B)

in subparagraph (B) by striking “ 90-day period” and inserting “ 6-month period”; and

(2)

in subsection (j) by striking “ 2023” and inserting “ 2028”.

(b)

Integrated Project Teams.— Section 108(f) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note) is amended by striking “ fiscal year 2023” and inserting “ fiscal year 2028”.

(c)

Appeals of Certification Decisions.— Section 44704(g)(1)(C)(ii) of title 49, United States Code, is amended by striking “ calendar year 2025” and inserting “ calendar year 2028”.

(d)

Professional Development, Skills Enhancement, Continuing Education and Training.— Section 44519(c) of title 49, United States Code, is amended by striking “ 2023” and inserting “ 2028”.

(e)

Voluntary Safety Reporting Program.— Section 113(f) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note) is amended by striking “ fiscal year 2023” and inserting “ fiscal year 2028”.

(f)

Changed Product Rule.— Section 117(b)(1) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note) is amended by striking “ fiscal year 2023” and inserting “ fiscal year 2028”.

(g)

Domestic and International Pilot Training.— Section 119(f)(3) of division V of the Consolidated Appropriations Act, 2021 is amended by striking “ 2023” and inserting “ 2028”.

(h)

Samya Rose Stumo National Air Grant Fellowship Program.— Section 131(d) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 40101 note) is amended by striking “ 2025” and inserting “ 2028”.

SEC. 307. Continued Oversight of Faa Compliance Program.

Section 122 of the Aircraft Certification, Safety, and Accountability Act (Public Law 116–260) is amended—

(1)

in subsection (b) by striking paragraph (2) and inserting the following:

“(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 assess—

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

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

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

“(D) FAA employee confidence in the program.”

(2)

in subsection (c)(4) by striking “ 2023” and inserting “ 2028”; and

(3)

in subsection (d) by striking “ 2023” and inserting “ 2028”.

SEC. 308. Scalability of Safety Management Systems.

In conducting any rulemaking to require, or implementing a regulation requiring, a safety management system, the Administrator shall consider the scalability of such safety management system requirements, to the full range of entities in terms of size or complexity that may be affected by such rulemaking or regulation, including—

(1)

how an entity can demonstrate compliance using various documentation, tools, and methods, including, as appropriate, systems with multiple small operators collectively monitoring for and addressing risks;

(2)

a review of traditional safety management techniques and the suitability of such techniques for small entities;

(3)

the applicability of existing safety management system programs implemented by an entity;

(4)

the suitability of existing requirements under part 5 of title 14, Code of Federal Regulations, for small entities; and

(5)

other unique challenges relating to small entities the Administrator determines appropriate to consider.

SEC. 309. Review of Safety Management System Rulemaking.

(a)

In General.— Not later than 60 days after the date of enactment of this Act, the Administrator shall review the final rule of the FAA titled “Safety Management Systems” and issued on April 26, 2024 (89 Fed. Reg. 33068).

(b)

Applicability.— In reviewing the final rule under subsection (a), the Administrator shall ensure that the safety management system requirement under such final rule described in subsection (a) is applied to all certificate holders operating under the rules for commuter and on-demand operations under part 135 of title 14, Code of Federal Regulations, commercial air tour operators operating under section 91.147 of such title, production certificate holders that are holders or licensees of a type certificate for the same product, and holders of a type certificate who license out such certificate for production under part 21 of such title.

(c)

Determination.— If the Administrator determines the final rule does not apply the safety management system requirement in the manner described in subsection (b), the Administrator shall issue such regulation, guidance, or policy as may be necessary to ensure such safety management system requirement is applied in such manner.

SEC. 310. Independent Study on Future State of Type Certification Processes.

(a)

Review and Study.— Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with an appropriate federally funded research and development center, or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis, to conduct a review and study in accordance with the requirements and elements in this section.

(b)

Elements.— The entity carrying out the review and study pursuant to subsection (a) shall provide analyses, assessments, and recommendations that address the following elements:

(1)

A vision for a future state of type certification that reflects the highly complex, highly integrated nature of modern aircraft and improvements in aviation safety.

(2)

An assessment of digital tools, techniques, and software systems that allow for efficient and virtual evaluation of an applicant design, associated documentation, and software or systems engineering products, including in digital 3-dimensional formats or using model-based systems engineering design techniques.

(3)

How the FAA could develop a risk-based model for type certification that improves the safety of aircraft.

(4)

What changes are needed to ensure that corrective actions for continued operational safety issues, including software modifications, can be approved and implemented in a timely manner while maintaining the integrity of the type certification process.

(5)

What efficiencies and safety process improvements are needed in the type certification processes of the FAA to facilitate the assessment and integration of innovative technologies and advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness.

(6)

Best practices and tools used by other certification authorities outside of the United States that could be adopted by the FAA, as well as the best practices and tools used by the FAA which can be shared with certification authorities outside of the United States.

(c)

Parties to Review.— In conducting the review and study pursuant to subsection (a), the Administrator shall ensure that the entity entering into an agreement under this section shall, throughout the review and study, consult with—

(1)

the aircraft certification and flight standards offices or services of the Administration; and

(2)

at least 3 industry members representing aircraft and aircraft part manufacturing interests.

(d)

Considerations.— In conducting the review and study pursuant to subsection (a), the Administrator shall ensure the entity considers the availability, cost, interoperability, scalability, adaptability, cybersecurity, ease of adoption, and potential safety benefits of the elements described in subsection (b), including any digital tools, techniques, and software systems recommended to address such elements.

(e)

Report.— Not later than 18 months after the date of enactment of this Act, the entity conducting the review and study pursuant to subsection (a) shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes—

(1)

the findings and recommendations of the entity; and

(2)

an assessment of whether digital tools, techniques, and software systems could improve the coordination, oversight, or safety of the certification and validation activities of the FAA.

(f)

Congressional Briefing.— Not later than 270 days after the report required under subsection (e) is received by the Administrator, the Administrator shall brief the appropriate committees of Congress on—

(1)

any actions the FAA proposes to take as a result of such findings and recommendations; and

(2)

the rationale of the FAA for not taking action on any specific recommendation, as applicable.

SEC. 311. Use of Advanced Tools and High-Risk Flight Testing in Certifying Aerospace Products.

(a)

Assessment.— Not later than 18 months after the date of enactment of this Act, the Administrator shall complete an assessment of the use of advanced tools during the testing, analysis, and verification stages of aerospace certification projects to reduce the risks associated with high-risk flight profiles and performing limit testing.

(b)

Considerations.— In carrying out the assessment under subsection (a), the Administrator shall consider—

(1)

instances in which high-risk flight profiles and limit testing have occurred in the certification process and the applicability of the data produced by such testing for use in other aspects of flight testing;

(2)

the safety of pilots during such testing;

(3)

the value and accuracy of data collected using the advanced tools described in subsection (a);

(4)

the ability to produce more extensive data sets using such advanced tools;

(5)

any aspects of such testing for which the use of such advanced tools would not be valuable or applicable;

(6)

the cost of using such advanced tools; and

(7)

the best practices of other international civil aviation authorities that permit the use of advanced tools during aerospace certification projects.

(c)

Consultation.— In carrying out the assessment under subsection (a), the Administrator shall consult with—

(1)

aircraft manufacturers, including manufacturers that have designed and certified aircraft under—

(A)

part 23 of title 14, Code of Federal Regulations;

(B)

part 25 of such title; or

(C)

part 27 of such title;

(2)

aircraft manufacturers that have designed and certified, or are in the process of certifying, aircraft with a novel design under part 21.17(b) of such title;

(3)

associations representing aircraft manufacturers;

(4)

researchers and academics in related fields; and

(5)

pilots who are experts in flight testing.

(d)

Congressional Report.— Not later than 60 days after the completion of the assessment under subsection (a), the Administrator shall brief the appropriate committees of Congress on the results of the assessment conducted under subsection (a).

(e)

Required Updates.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Administrator shall take necessary actions based on the results of the assessment under subsection (a), including, as appropriate—

(A)

amending part 21 of title 14, Code of Federal Regulations; and

(B)

modifying any associated advisory circulars, guidance, or policy of the FAA.

(2)

Requirements.— In taking actions under paragraph (1), the Administrator shall consider—

(A)

developing validation criteria and procedures whereby data produced in high-fidelity engineering laboratories and facilities may be allowed (in conjunction with, or in lieu of) data produced on a flying test article to support an applicant’s showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations;

(B)

developing criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant’s flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA; and

(C)

working with other international civil aviation authorities representing States of Design to—

(i)

identify their best practices relative to high risk-flight testing; and

(ii)

adopt such practices into the flight-testing requirements of the FAA to the maximum extent practicable.

SEC. 312. Transport Airplane and Propulsion Certification Modernization.

Not later than 2 years after the date of enactment of this Act, the Administrator shall publish a notice of proposed rulemaking for the item titled “Transport Airplane and Propulsion Certification Modernization”, published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL42).

SEC. 313. Fire Protection Standards.

(a)

Internal Regulatory Review Team.—

(1)

Establishment.— Not later than 1 year after the date of enactment of this Act, the Administrator shall establish an internal regulatory review team (in this section referred to as the “Team”).

(2)

Review.—

(A)

In general.— The Team shall conduct a review comparing foreign and domestic airworthiness standards and guidance for aircraft engine firewalls.

(B)

Requirements.— In conducting the review, the Team shall—

(i)

identify any significant differences in standards or guidance with respect to test article selection and fire test boundaries and evaluation criteria for burn tests, including the use of certification by analysis for cases in which substantially similar designs have passed burn tests;

(ii)

assess the safety implications for any products imported into the United States that do not comply with the firewall requirements of the FAA; and

(iii)

consult with industry stakeholders to the maximum extent practicable.

(b)

Duties of the Administrator.— The Administrator shall—

(1)

not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the Significant Standards List of the FAA based on such findings, as appropriate; and

(2)

not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings and any recommendations for such legislative or administrative action as the Administrator determines appropriate.

SEC. 314. Risk Model for Production Facility Inspections.

(a)

In General.— Not later than 12 months after the date of enactment of this Act, and periodically thereafter, the Administrator shall—

(1)

conduct a review of the risk-based model used by certification management offices of the FAA to inform the frequency of aircraft manufacturing or production facility inspections; and

(2)

update the model to ensure such model adequately accounts for risk at facilities during periods of increased production.

(b)

Briefings.— Not later than 60 days after the date on which the review is completed under subsection (a), the Administrator shall brief the appropriate committees of Congress on—

(1)

the results of the review;

(2)

any changes made to the risk-based model described in subsection (a); and

(3)

how such changes would help improve the in-plant inspection process.

SEC. 315. Review of Faa Use of Aviation Safety Data.

(a)

In General.— Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into an appropriate arrangement with a qualified third-party organization or consortium to evaluate the collection, collation, analysis, and use of aviation data across the FAA.

(b)

Consultation.— In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—

(1)

seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector;

(2)

consult with the National Transportation Safety Board and the Transportation Research Board; and

(3)

consult with appropriate federally funded research and development centers, to the extent that such centers are not already involved in the evaluation.

(c)

Substance of Evaluation.— In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—

(1)

compile a list of internal and external sources, databases, and streams of information the FAA receives or has access to that provide the FAA with operational or safety information and data about the national airspace system, its users, and other regulated entities of the FAA;

(2)

review data sets to determine completeness and accuracy of relevant information;

(3)

identify gaps in information that the FAA could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis;

(4)

assess the capabilities of the FAA, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions;

(5)

review data and information for proper storage, identification controls, and data privacy—

(A)

as required by law; and

(B)

consistent with best practices for data collection, storage, and use;

(6)

review the format of such data and identify methods to improve the usefulness of such data;

(7)

assess internal and external access to data for—

(A)

appropriateness based on data type and level of detail;

(B)

proper data access protocols and precautions; and

(C)

maximizing availability of safety-related data that could support the improvement of safety management systems of and trend identification by regulated entities and the FAA;

(8)

examine the collation and dissemination of data within offices and between offices of the FAA;

(9)

review and recommend improvements to the data analysis techniques of the FAA; and

(10)

recommend investments the Administrator should consider to better collect, manage, and analyze data sets, including within and between offices of the FAA.

(d)

Access to Information.— The Administrator shall provide the qualified third-party organization or consortium and the experts described in subsection (b) with adequate access to safety and operational data collected by and held by the agency across all offices of the FAA, except if specific access is otherwise prohibited by law.

(e)

Nondisclosure.— Prior to participating in the review, the Administrator shall ensure that each person participating in the evaluation under this section enters into an agreement with the Administrator in which the person shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the federally funded research and development center under this section.

(f)

Report.— The qualified third-party organization or consortium carrying out the evaluation under this section shall provide a report of the findings of the center to the Administrator and include recommendations to improve the FAA’s collection, collation, analysis, and use of aviation data, including recommendations to—

(1)

improve data access across offices within the FAA, as necessary, to support efficient execution of safety analysis and programs across such offices;

(2)

improve data storage best practices;

(3)

develop or refine methods for collating data from multiple FAA and industry sources; and

(4)

procure or use available analytics tools to draw conclusions and identify previously unrecognized trends or miscategorized risks in the aviation system, particularly when identification of such information requires the analysis of multiple sets of data from multiple sources.

(g)

Implementation of Recommendations.— Not later than 6 months after the receipt of the report under subsection (f), the Administrator shall review, develop an implementation plan, and, if appropriate, begin the implementation of the recommendations received in such report.

(h)

Review of Implementation.— The qualified third-party organization or consortium that conducted the initial evaluation, and any experts who contributed to such evaluation pursuant to subsection (b)(1), shall provide regular feedback and advice to the Administrator on the implementation plan developed under subsection (g) and any implementation activities for at least 2 years beginning on the date of the receipt of the report under subsection (f).

(i)

Report to Congress.— The Administrator shall submit to the appropriate committees of Congress the report described in subsection (f) and the implementation plan described in subsection (g).

(j)

Existing Reporting Systems.— Consistent with section 132 of the Aircraft Certification, Safety, and Accountability Act (Public Law 116–260), the Executive Director of the Transportation Research Board, in consultation with the Secretary and the Administrator, may further harmonize data and sources following the implementation of recommendations under subsection (g).

(k)

Rule of Construction.— Nothing in this section shall be construed to permit the public disclosure of information submitted under a voluntary safety reporting program or that is otherwise protected under section 44735 of title 49, United States Code.

SEC. 316. Weather Reporting Systems Study.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study to examine how to improve the procurement, functionality, and sustainability of weather reporting systems, including—

(1)

automated weather observing systems;

(2)

automated surface observing systems;

(3)

visual weather observing systems; and

(4)

non-Federal weather reporting systems.

(b)

Contents.— In conducting the study required under section (a), the Comptroller General shall address—

(1)

the current state of the supply chain related to weather reporting systems and the components of such systems;

(2)

the average age of weather reporting systems infrastructure installed in the national airspace system;

(3)

challenges to maintaining and replacing weather reporting systems, including—

(A)

root causes of weather reporting system outages, including failures of such systems, and supporting systems such as telecommunications infrastructure; and

(B)

the degree to which such outages affect weather reporting in the national airspace system;

(4)

mitigation measures to maintain aviation safety during such an outage; and

(5)

alternative means of obtaining weather elements at airports, including wind direction, wind speed, barometric pressure setting, and cloud coverage, including visibility.

(c)

Consultation.— In conducting the study required under subsection (a), the Comptroller General shall consult with the appropriate stakeholders and Federal agencies involved in installing, managing, and supporting weather reporting systems in the national airspace system.

(d)

Report.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives a report describing the results of the study conducted under subsection (a).

(2)

Recommendations.— The Comptroller General shall include in the report submitted under paragraph (1) recommendations for—

(A)

ways to improve the resiliency and redundancy of weather reporting systems;

(B)

alternative means of compliance for obtaining weather elements at airports; and

(C)

if necessary, changes to Orders of the Administration, including the following:

(i)

Surface Weather Observing, Joint Order 7900.5.

(ii)

Notices to Air Missions, Joint Order 7930.2.

SEC. 317. Gao Study on Expansion of the Faa Weather Camera Program.

(a)

Study.— The Comptroller General shall conduct a study on the feasibility and benefits and costs of expanding the Weather Camera Program of the FAA to locations in the United States that lack weather camera services.

(b)

Considerations.— In conducting the study required under subsection (a), the Comptroller General shall review—

(1)

the potential effects of the existing Weather Camera Program on weather-related aviation accidents and flight interruptions;

(2)

the potential benefits and costs associated with expanding the Weather Camera Program;

(3)

limitations on the real-time access of weather camera information by pilots and aircraft operators;

(4)

non-safety related regulatory structures or barriers to the allowable use of weather camera information for the purposes of aircraft operations;

(5)

limitations of existing weather camera systems at the time of the study;

(6)

alternative sources of viable weather data;

(7)

funding mechanisms for weather camera installation and operations; and

(8)

other considerations the Comptroller General determines appropriate.

(c)

Report to Congress.— Not later than 28 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study required under subsection (a).

SEC. 318. Audit on Aviation Safety in Era of Wireless Connectivity.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate an audit of the FAA’s internal processes and procedures to communicate the position of civil aviation operators and the safety of the national airspace system to the National Telecommunications and Information Administration regarding proposed spectrum reallocations or auction decisions.

(b)

Assessment.— In conducting the audit described in subsection (a), the inspector general shall assess best practices and policy recommendations for the FAA to—

(1)

improve internal processes by which proposed spectrum reallocations or auctions are thoroughly reviewed in advance to ensure that any comments or technical concerns regarding aviation safety from civil aviation stakeholders are communicated to the National Telecommunications and Information Administration that are to be submitted to the Federal Communications Commission;

(2)

develop internal processes and procedures to assess the effects a proposed spectrum reallocation or auction may have on the national airspace system in a timely manner to ensure safety of the national airspace system;

(3)

improve external communication processes to better inform civil aviation stakeholders, including owners and operators of civil aircraft, on any comments or technical concerns of the FAA relating to a proposed spectrum reallocation or auction that may impact the national airspace system; and

(4)

better communicate to the National Telecommunications and Information Administration when a proposed spectrum reallocation or auction may pose a potential risk to aviation safety.

(c)

Stakeholder Views.— In conducting the audit pursuant to subsection (a), the inspector general shall consult with relevant stakeholders, including—

(1)

air carriers operating under part 121 of title 14, Code of Federal Regulations;

(2)

manufacturers of aircraft and aircraft components;

(3)

wireless communication carriers;

(4)

labor unions representing pilots;

(5)

air traffic system safety specialists;

(6)

other representatives of the communications industry;

(7)

aviation safety experts;

(8)

the National Telecommunications and Information Administration; and

(9)

the Federal Communications Commission.

(d)

Report.— Not later than 2 years after the date on which the audit is conducted pursuant to subsection (a), the inspector general shall complete and submit a report on findings and recommendations to—

(1)

the Administrator;

(2)

the appropriate committees of Congress; and

(3)

the Committee on Energy and Commerce of the House of Representatives.

SEC. 319. Safety Data Analysis for Aircraft Without Transponders.

(a)

In General.— Not later than 18 months after the date of enactment of this Act, the Administrator, in coordination with the Chairman of the National Transportation Safety Board, shall collect and analyze data relating to accidents and incidents involving covered exempt aircraft that occurred within 30 nautical miles of an airport.

(b)

Requirements.— The analysis required under subsection (a) shall include, with respect to covered exempt aircraft, a review of—

(1)

incident and accident data since 2006 involving—

(A)

midair events, including collisions;

(B)

ground proximity warning system alerts;

(C)

traffic collision avoidance system alerts; or

(D)

a loss of separation or near miss; and

(2)

the causes of the incidents and accidents described in paragraphs (1).

(c)

Briefing to Congress.— Not later than 30 months after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the analysis required under subsection (a) and, if applicable, recommendations on how to reduce the number of incidents and accidents associated with such covered exempt aircraft.

(d)

Covered Exempt Aircraft Defined.— In this section, the term “covered exempt aircraft” means aircraft, balloons, and gliders exempt from air traffic control transponder and altitude reporting equipment and use requirements under part 91.215(b)(3) of title 14, Code of Federal Regulations.

SEC. 320. Crash-Resistant Fuel Systems in Rotorcraft.

(a)

In General.— The Administrator shall task the Aviation Rulemaking Advisory Committee to—

(1)

review the data analysis conducted and the recommendations developed by the Aviation Rulemaking Advisory Committee Rotorcraft Occupant Protection Working Group of the Administration;

(2)

update the 2018 report of such working group on rotorcraft occupant protection by—

(A)

reviewing National Transportation Safety Board data from 2016 through 2023 on post-crash fires in helicopter accidents; and

(B)

determining whether and to what extent crash-resistant fuel systems could have prevented fatalities in the accidents covered by the data reviewed under subparagraph (A); and

(3)

develop recommendations for either the Administrator or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in the aircraft of such owners and operators regardless of original certification and manufacture date.

(b)

Schedule.—

(1)

Deadline.— Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advisory Committee under subsection (a), the Committee shall submit the recommendations developed under subsection (a)(2) to the Administrator.

(2)

Implementation.— If applicable, and not later than 180 days after receiving the recommendations under paragraph (1), the Administrator shall—

(A)

begin implementing, as appropriate, any safety recommendations the Administrator receives from the Aviation Rulemaking Advisory Committee, and brief the appropriate committees of Congress on any recommendations the Administrator does not implement; and

(B)

partner with the United States Helicopter Safety Team, as appropriate, to facilitate implementation of any recommendations for the helicopter industry pursuant to subsection (a)(2).

SEC. 321. Reducing Turbulence-Related Injuries on Part 121 Aircraft Operations.

(a)

In General.— Not later than 2 years after the date of enactment of this Act, the Administrator shall review the recommendations made by the Chair of the National Transportation Safety Board to the Administrator contained in the safety research report titled “Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121”, issued on August 10, 2021 (NTSB/SS–21/01) and provide a briefing to the appropriate committees of Congress with any planned actions in response to the recommendations of the report.

(b)

Implementation.— Not later than 3 years after the date of enactment of this Act, the Administrator shall implement, as appropriate, the recommendations in the safety research report described in subsection (a).

(c)

Report.—

(1)

In general.— Not later than 2 years after completing the review under subsection (a), and every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the implementation status of the recommendations in the safety research report described in subsection (a) until the earlier of—

(A)

the date on which such recommendations have been adopted or adjudicated as described in paragraph (2); or

(B)

the date that is 10 years after the date of enactment of this Act.

(2)

Contents.— If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation.

SEC. 322. Study on Radiation Exposure.

(a)

Study.— Not later than 120 days after the date of enactment of this Act, the Secretary shall seek to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Research Council of the National Academies shall conduct a study on radiation exposure to crewmembers onboard various aircraft types operated under part 121 of title 14, Code of Federal Regulations.

(b)

Scope of Study.— In conducting the study under subsection (a), the National Research Council shall assess—

(1)

radiation concentrations in such aircraft at takeoff, in-flight at high altitudes, and upon landing;

(2)

the health risks and impact of radiation exposure to crewmembers onboard aircraft operating at high altitudes; and

(3)

mitigation measures to prevent and reduce the health and safety impacts of radiation exposure to crewmembers.

(c)

Report to Congress.— Not later than 16 months after the initiation of the study required under subsection (a), the Secretary shall submit to the appropriate committees of Congress the study conducted by the National Research Council pursuant to this section.

SEC. 323. Study on Impacts of Temperature in Aircraft Cabins.

(a)

Study.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Secretary shall seek to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a 1-year study on the health and safety impacts of unsafe cabin temperature with respect to passengers and crewmembers during each season in which the study is conducted.

(2)

Considerations.— In conducting the study required under paragraph (1), the National Academies shall review existing standards produced by recognized industry organizations on safe air temperatures and humidity levels in enclosed environments, including onboard aircraft, and evaluate the validity of such standards as it relates to aircraft cabin temperatures.

(3)

Consultation.— In conducting the study required under paragraph (1), the National Academies shall consult with the Civil Aerospace Medical Institute of the FAA, air carriers operating under part 121 of title 14, Code of Federal Regulations, relevant Federal agencies, and any applicable aviation labor organizations.

(b)

Reports.—

(1)

Report to secretary.— Not later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Secretary a report on the results of such study, including any recommendations determined appropriate by the National Academies.

(2)

Report to congress.— Not later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study required under subsection (a), including any recommendations for further action determined appropriate by the Secretary.

(c)

Covered Aircraft Defined.— In this section, the term “covered aircraft” means an aircraft operated under part 121 of title 14, Code of Federal Regulations.

SEC. 324. Lithium–ion Powered Wheelchairs.

(a)

In General.— Not later than 2 years after the date of enactment of this Act, the Secretary shall task the Air Carrier Access Act Advisory Committee (in this section referred to as the “Committee”) to conduct a review of regulations related to lithium–ion battery powered wheelchairs and mobility aids on commercial aircraft and provide recommendations to the Secretary to ensure safe transport of such wheelchairs and mobility aids in air transportation.

(b)

Considerations.— In conducting the review required under subsection (a), the Committee shall consider the following:

(1)

Any existing or necessary standards for lithium–ion batteries, including casings or other similar components, in such wheelchairs and mobility aids.

(2)

The availability of necessary containment or storage devices, including fire containment covers or fire-resistant storage containers, for such wheelchairs and mobility aids.

(3)

The policies of each air carrier (as such term is defined in part 121 of title 14, Code of Federal Regulations) pertaining to lithium–ion battery powered wheelchairs and mobility aids (as in effect on the date of enactment of this Act).

(4)

Any other considerations the Secretary determines appropriate.

(c)

Consultation Requirement.— In conducting the review required under subsection (a), the Committee shall consult with the Administrator of the Pipeline and Hazardous Materials Safety Administration.

(d)

Notification.—

(1)

In general.— Upon completion of the review conducted under subsection (a), the Committee shall notify the Secretary if an air carrier does not have a policy pertaining to lithium–ion battery powered wheelchairs and mobility aids in effect.

(2)

Notification.— The Secretary shall notify an air carrier described in paragraph (1) of the status of such air carrier.

(e)

Report to Congress.— Not later than 90 days after submission of the recommendations to the Secretary, the Secretary shall submit to the appropriate committees of Congress any recommendations under subsection (a), in the form of a report.

(f)

Publication.— The Secretary shall publish the report required under subsection (e) on the public website of the Department of Transportation.

SEC. 325. National Simulator Program Policies and Guidance.

(a)

Review.— Not later than 2 years after the date of enactment of this Act, the Administrator shall review relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations.

(b)

Updates.— Upon completion of the review required under subsection (a), the Administrator shall, at a minimum, update relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations.

(c)

Consultation.— In carrying out the review required under subsection (a), the Administrator shall convene and consult with entities required to comply with part 60 of title 14, Code of Federal Regulations, including representatives of—

(1)

air carriers;

(2)

flight schools certificated under part 141 of title 14, Code of Federal Regulations;

(3)

training centers certificated under part 142 of title 14, Code of Federal Regulations; and

(4)

manufacturers and suppliers of flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and Appendix F to part 60 of such title).

(d)

GAO Study on FAA National Simulator Program.—

(1)

In general.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall conduct a study on the National Simulator Program of the FAA that is part of the Training and Simulation Group of the Air Transportation Division.

(2)

Considerations.— In conducting the study required under paragraph (1), the Comptroller General shall, at a minimum, assess—

(A)

how the program described in paragraph (1) is maintained to reflect and account for advancement in technologies pertaining to flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and appendix F to part 60 of such title);

(B)

the staffing levels, critical competencies, and skills gaps of FAA personnel responsible for carrying out and supporting the program described in paragraph (1); and

(C)

how the program described in paragraph (1) engages air carriers and relevant industry stakeholders, including flight schools, to ensure efficient compliance with part 60 of title 14, Code of Federal Regulations.

(3)

Report.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the findings of the study conducted under paragraph (1).

SEC. 326. Briefing on Agricultural Application Approval Timing.

Not later than 240 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the amount of time the application approval process takes for agricultural aircraft operations under part 137 of title 14, Code of Federal Regulations.

SEC. 327. Sense of Congress Regarding Safety and Security of Aviation Infrastructure.

It is the sense of Congress that aviation provides essential services critical to the United States economy and that it is important to ensure the safety and security of aviation infrastructure and protect such infrastructure from unlawful breaches with appropriate legal safeguards.

SEC. 328. Restricted Category Aircraft Maintenance and Operations.

Notwithstanding any other provision of law, the Administrator shall have sole regulatory and oversight jurisdiction over the maintenance and operations of aircraft owned by civilian operators and type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations.

SEC. 329. Aircraft Interchange Agreement Limitations.

(a)

Study.— Not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a study of foreign interchange agreements.

(b)

Contents.— In carrying out the study required under subsection (a), the Administrator shall address the following:

(1)

Methods for updating regulations under part 121.569 of title 14, Code of Federal Regulations, for foreign interchange agreements.

(2)

Time limits for foreign aircraft interchange agreements.

(3)

Minimum breaks between foreign aircraft interchange agreements.

(4)

Limits for no more than 1 foreign aircraft interchange agreement between 2 airlines.

(5)

Limits for no more than 2 foreign aircraft on the interchange agreement.

(c)

Briefing.— Not later than 2 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the study required under subsection (a).

(d)

Rulemaking.— Based on the results of the study required under subsection (a), the Administrator may, if appropriate, update the relevant sections of part 121 of title 14, Code of Federal Regulations.

SEC. 330. Task Force on Human Factors in Aviation Safety.

(a)

In General.— Not later than 6 months after the date of enactment of this Act, and notwithstanding section 127 of the Aircraft Certification Safety and Accountability Act (49 U.S.C. 44513 note), the Administrator shall convene a task force on human factors in aviation safety (in this section referred to as the “Task Force”).

(b)

Composition.—

(1)

Members.— The Administrator shall appoint members of the Task Force—

(A)

that have expertise in an operational or academic discipline that is relevant to the analysis of human errors in aviation, which may include air carrier operations, line pilot expertise, air traffic control, technical operations, aeronautical information, aircraft maintenance and mechanics psychology, linguistics, human-machine integration, general aviation operations, and organizational behavior and culture;

(B)

that sufficiently represent all relevant operational or academic disciplines described in subparagraph (A);

(C)

with expertise on human factors but whose experience and training are not in aviation and who have not previously been engaged in work related to the FAA or the aviation industry;

(D)

that are representatives of pilot labor organizations and certificated mechanic labor organizations;

(E)

that are employees of the FAA that have expertise in safety; and

(F)

that are employees of other Federal agencies with expertise on human factors.

(2)

Number of members.— In appointing members under paragraph (1), the Administrator shall ensure that—

(A)

at least half of the members appointed have expertise in aviation;

(B)

at least one member appointed represents an exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code; and

(C)

3 members are employees of the FAA and 1 member is an employee of the National Transportation Safety Board.

(3)

Voting.— The members described in paragraph (2)(C) shall be non-voting members of the Task Force.

(c)

Duration.—

(1)

In general.— Members of the Task Force shall be appointed for the duration of the Task Force.

(2)

Length of existence.—

(A)

In general.— The Task Force shall have an initial duration of 2 years.

(B)

Option.— The Administrator may extend the duration of the Task Force for an additional period of up to 2 years.

(d)

Duties.— In coordination with the Research, Engineering, and Development Advisory Committee, the Task Force shall—

(1)

not later than the date on which the duration of the Task Force expires under subsection (c), produce a written report in which the Task Force—

(A)

to the greatest extent possible, identifies the most significant human factors and the relative contribution of such factors to aviation safety risk;

(B)

identifies new research priorities for research in human factors in aviation safety;

(C)

reviews existing products by other working groups related to human factors in aviation safety including the work of the Commercial Aviation Safety Team pertaining to flight crew responses to abnormal events;

(D)

provides recommendations on potential revisions to any FAA regulations and guidance pertaining to the certification of aircraft under part 25 of title 14, Code of Federal Regulations, including sections related to presumed pilot response times and assumptions about the reliability of pilot performance during unexpected, stressful events;

(E)

reviews rules, regulations, or standards regarding flight crew and maintenance personnel rest and fatigue that are used by a sample of international air carriers, including rules, regulations, or standards determined to be more stringent and less stringent than the current standards pertaining to air carriers (as such term is defined in section 40102 of title 49, United States Code), and identifies risks to the national airspace system from any variation in such rules, regulations, or standards across countries;

(F)

reviews pilot training requirements and recommends any revisions necessary to ensure adequate understanding of automated systems on aircraft;

(G)

reviews approach and landing misalignment and makes any recommendations for reducing misalignment events;

(H)

identifies ways to enhance instrument landing system maintenance schedules;

(I)

determines how a real-time smart system should be developed to inform the air traffic control system, air carriers, and airports about any changes in the state of runway and taxiway lights and identifies how such real-time smart system could be connected to the maintenance system of the FAA;

(J)

analyzes, with respect to human errors related to aviation safety of air carriers operating under part 121 of title 14, Code of Federal Regulations—

(i)

fatigue and distraction during critical phases of work among pilots or other aviation personnel;

(ii)

tasks and workload;

(iii)

organizational culture;

(iv)

communication among personnel;

(v)

adherence to safety procedures;

(vi)

mental state of personnel; and

(vii)

any other relevant factors that are the cause or potential cause of human error related to aviation safety;

(K)

includes a tabulation of the number of accidents, incidents, or aviation safety database entries received in which an item identified under subparagraph (J) was a cause or potential cause of human error related to aviation safety; and

(L)

includes a list of causes or potential causes of human error related to aviation safety about which the Administrator believes additional information is needed; and

(2)

if the Administrator extends the duration of the Task Force pursuant to subsection (c)(2)(B), not later than the date that is 2 years after the date on which the Task Force is established, produce an interim report containing the information described in paragraph (1).

(e)

Methodology.— In carrying out the duties under subparagraphs (J) through (L) of subsection (d)(1), the Task Force shall consult with the National Transportation Safety Board and use all available data compiled and analysis conducted on safety incidents and irregularities collected during the relevant fiscal year from the following:

(1)

Flight Operations Quality Assurance.

(2)

Aviation Safety Action Program.

(3)

Aviation Safety Information Analysis and Sharing.

(4)

The Aviation Safety Reporting System.

(5)

Aviation safety recommendations and investigation findings of the National Transportation Safety Board.

(6)

Other relevant programs or sources.

(f)

Consistency.— Nothing in this section shall be construed to require changes to, or duplication of, work as required by section 127 of the Aircraft Certification Safety and Accountability Act (49 U.S.C. 44513 note).

SEC. 331. Update of Faa Standards to Allow Distribution and Use of Certain Restricted Routes and Terminal Procedures.

(a)

In General.— Not later than 9 months after the date of enactment of this Act, the Administrator shall update FAA standards to allow for the distribution and use of the Capstone Restricted Routes and Terminal Procedures by Wide Area Augmentation System-capable navigation equipment.

(b)

Contents.— In updating standards under subsection (a), the Administrator shall ensure that such standards provide a means for allowing modifications and continued development of new routes and procedures proposed by air carriers operating such routes.

SEC. 332. Asos/awos Service Report Dashboard.

(a)

In General.— The applicable Administrators shall work in collaboration to collect the real-time service status of all automated surface observation systems/automated weather observing systems (in this section referred to as “ASOS/AWOS”).

(b)

Availability of Results.—

(1)

In general.— In carrying out this section, the applicable Administrators shall make available on a publicly available website the following:

(A)

The service status of all ASOS/AWOS.

(B)

Information on any actions to repair or replace ASOS/AWOS that are out of service due to technical or weather-related events, including an estimated timeline to return the systems to service.

(C)

A portal on such publicly available website for the public to report ASOS/AWOS outages.

(2)

Data files.— The applicable Administrators shall make available the underlying data required under paragraph (1) for each ASOS/AWOS in a machine-readable format.

(c)

Applicable Administrators.— In this section, the term “applicable Administrators” means—

(1)

the Administrator of the FAA; and

(2)

the Administrator of the National Oceanic and Atmospheric Administration.

SEC. 333. Helicopter Safety.

(a)

In General.— Not later than 270 days after the date of enactment of this Act, the Administrator shall task the Investigative Technologies Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) with reviewing and assessing the need for changes to the safety requirements related to flight data recorders, flight data monitoring, and terrain awareness and warning systems for turbine-powered rotorcraft certificated for 6 or more passenger seats.

(b)

Considerations.— In reviewing and assessing the safety requirements under subsection (a), the Committee shall consider—

(1)

any applicable safety recommendations of the National Transportation Safety Board; and

(2)

the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations.

(c)

Report and Recommendations.— Not later than 1 year after initiating the review and assessment under this section, the Committee shall submit to the Administrator—

(1)

a report on the findings of the review and assessment under subsection (a); and

(2)

any recommendations for legislative or regulatory action to improve safety that the Committee determines appropriate.

(d)

Briefing.— Not later than 30 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress on—

(1)

the findings and recommendations included in such report; and

(2)

any plan to implement such recommendations.

SEC. 334. Review and Incorporation of Human Readiness Levels into Agency Guidance Material.

(a)

Findings.— Congress finds that—

(1)

proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error;

(2)

the evaluation of a new aviation technology or system with respect to human use throughout its design and development may reduce human error when such technologies and systems are used in operational conditions; and

(3)

the technical standard of the Human Factors and Ergonomics Society titled “Human Readiness Level Scale in the System Development Process” (ANSI/HFES 400–2021) defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.

(b)

Review.— Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a process to review the technical standard described in subsection (a)(3) and determine whether any materials from such standard should be incorporated or referenced in agency procedures and guidance material in order to enhance safety in relation to human factors.

(c)

Consultation.— In carrying out subsection (b), the Administrator may consult with subject matter experts from the Human Factors and Ergonomics Society affiliated with such technical standard or other relevant stakeholders.

(d)

Briefing.— Not later than 270 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the progress of the review required under subsection (b).

SEC. 335. Service Difficulty Reports.

(a)

Congressional Briefing.— Not later than 18 months after the date of enactment of this Act, and annually thereafter through 2027, the Administrator shall brief the appropriate committees of Congress on compliance with requirements relating to service difficulty reports during the preceding year.

(b)

Scope.— The Administrator shall include in the briefing required under subsection (a) information relating to—

(1)

operators required to comply with section 121.703 of title 14, Code of Federal Regulations;

(2)

approval or certificate holders required to comply with section 183.63 of title 14, Code of Federal Regulations; and

(3)

FAA offices that investigate service difficulty reports, as documented in the following FAA Orders (and any subsequent revisions of such orders):

(A)

FAA Order 8900.1A, titled “Flight Standards Information Management System” and issued on October 27, 2022.

(B)

FAA Order 8120.23A, titled “Certificate Management of Production Approval Holders” and issued on March 6, 2017.

(C)

FAA Order 8110.107B, titled “Monitor Safety/Analyze Data” and issued on October 13, 2023.

(c)

Requirements.— The Administrator shall include in the briefing required under subsection (a) the following information with respect to the year preceding the year in which the briefing is provided:

(1)

An identification of categories of service difficulties reported.

(2)

An identification of service difficulties for which repeated reports are made.

(3)

A general description of the causes of all service difficulty reports, as determined by the Administrator.

(4)

A description of actions taken by, or required by, the Administrator to address identified causes of service difficulties.

(5)

A description of violations of title 14, Code of Federal Regulations, related to service difficulty reports and any actions taken by the Administrator in response to such violations.

SEC. 336. Consistent and Timely Pilot Checks for Air Carriers.

(a)

Establishment of Working Group.— Not later than 180 days after the date of enactment of this Act, unless the requirements of this section are assigned to working groups under subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing and evaluating all regulations and policies related to check airmen and authorized check airmen for air carrier operations conducted under part 135 of title 14, Code of Federal Regulations.

(b)

Membership.—

(1)

In general.— The working group established under this section shall include, at a minimum—

(A)

employees of the FAA who serve as check airmen;

(B)

representatives of air carriers operating under part 135 of title 14, Code of Federal Regulations; and

(C)

industry associations representing such air carriers.

(2)

Existing working group.— The Administrator may assign the duties described in subsection (c) to an existing FAA working group if—

(A)

such working group includes representatives from the list of required members under paragraph (1); or

(B)

the membership of such existing working group can be modified to include representatives from the list of required members under paragraph (1).

(c)

Duties.— A working group shall review, evaluate, and make recommendations on the following:

(1)

Methods by which authorized check airmen for air carriers operating under part 135 of title 14, Code of Federal Regulations, are selected, trained, and approved by the Administrator.

(2)

Staffing and utilization rates of authorized check airmen by such air carriers.

(3)

Differences in qualification standards applied to—

(A)

employees of the FAA who serve as check airmen; and

(B)

authorized check airmen of such air carriers.

(4)

Methods to harmonize the qualification standards between authorized check airmen and employees of the FAA who serve as check airmen.

(5)

Methods to improve the training and qualification of authorized check airmen.

(6)

Prior recommendations made by FAA advisory committees or working groups regarding check airmen functions.

(7)

Petitions for rulemaking submitted to the FAA regarding check airmen functions.

(d)

Briefing to Congress.— Not later than 1 year after the date on which the Administrator tasks a working group with the duties described in subsection (c), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group and the efforts of the Administrator to implement such recommendations.

(e)

Authorized Check Airman Defined.— In this section, the term “authorized check airman” means an individual employed by an air carrier that meets the qualifications and training requirements of sections 135.337 and 135.339 of title 14, Code of Federal Regulations, and is approved to evaluate and certify the knowledge and skills of pilots employed by such air carrier.

SEC. 337. Flight Service Stations.

Section 44514 of title 49, United States Code, and the item relating to such section in the analysis for chapter 445 of such title are repealed.

SEC. 338. Tarmac Operations Monitoring Study.

(a)

In General.— The Director of the Bureau of Transportation Statistics, in consultation with relevant offices within the Office of the Secretary and the FAA (as determined by the Secretary), shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports.

(b)

Objectives.— The objectives of the study conducted under subsection (a) shall include the following:

(1)

Determining the current state of ground source data coverage at airports.

(2)

Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.

(3)

Conducting data collection through a pilot program established under subsection (c) and collecting ground-based tarmac delay statistics.

(4)

Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.

(c)

Pilot Program.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Director shall establish a pilot program to collect data and develop ground-based tarmac delay statistics or other relevant statistics with respect to airports.

(2)

Requirements.— The pilot program established under paragraph (1) shall—

(A)

include up to 6 airports that the Director determines reflect a diversity of factors, including geography, size, and air traffic;

(B)

terminate not more than 3 years after the date of enactment of this Act; and

(C)

be subject to any guidelines issued by the Director.

(d)

Report.— Not later than 4 years after the date of enactment of this Act, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.

SEC. 339. Improved Safety in Rural Areas.

(a)

In General.— Section 322 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) is amended to read as follows:

“SEC. 322. IMPROVED SAFETY IN RURAL AREAS.

“(a) In General.—The Administrator shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations—

“(1) to operate under instrument flight rules (in this section referred to as ‘IFR’) to a destination in a noncontiguous State that has a published instrument approach but does not have a Meteorological Aerodrome Report (in this section referred to as ‘METAR’); and

“(2) to conduct an instrument approach at such destination if—

“(A) a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival;

“(B) prior to commencing an approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and

“(C) in the event the destination weather observation is below such minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan.

“(b) Application Template.—

“(1) In general.—The Administrator shall develop an application template with standardized, specific approval criteria to enable FAA inspectors to objectively evaluate the application of an air carrier to operate in the manner described in subsection (a).

“(2) Requirements.—The template required under paragraph (1) shall include a place in such template for an air carrier to describe—

“(A) how any non-certified human observations will be conducted; and

“(B) how such observations will be communicated—

“(i) to air carriers prior to dispatch; and

“(ii) to pilots prior to approach.

“(3) Response to application.—

“(A) Timeline.—The Administrator shall ensure—

“(i) that the Administrator has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and

“(ii) in the event the Administrator cannot respond within 30 days, that the Administrator informs the air carrier of the expected response time with respect to the application of the air carrier.

“(B) Rejection.—In the event that the Administrator rejects an application of an air carrier, the Administrator shall inform the air carrier of the specific criteria that were the cause for rejection.”

(b)

Effective Date.— The amendments made by this section shall take effect on the date that is 12 months after the date of enactment of this Act.

SEC. 340. Study on Faa Use of Mandatory Equal Access to Justice Act Waivers.

(a)

In General.— The Comptroller General shall conduct a study on the use of waivers of rights by the Administrator that may arise under section 504 of title 5, United States Code, or section 2412 of title 28, United States Code, as a condition for the settlement of any proceedings to amend, modify, suspend, or revoke an airman certificate or to impose a civil penalty on a flight engineer, mechanic, pilot, or repairman (or an individual acting in the capacity of such engineer, mechanic, pilot, or repairman).

(b)

Considerations.— In conducting the study under subsection (a), the Comptroller General shall consider—

(1)

the frequency of the use of waivers by the Administrator described in this section;

(2)

the benefits and consequences of the use of such waivers to both the Administrator and the certificate holder; and

(3)

the effects of a prohibition on using such waivers.

(c)

Cooperation With Study.— The Administrator shall cooperate with any requests for information by Comptroller General to complete the study required under subsection (a).

(d)

Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), including recommendations for any legislation and administrative action as the Comptroller General determines appropriate.

SEC. 341. Airport Air Safety.

The Administrator shall seek to enter into appropriate arrangements with a qualified third-party entity to evaluate whether poor air quality inside the Washington Dulles International Airport passenger terminal negatively affects passengers.

SEC. 342. Don Young Alaska Aviation Safety Initiative.

(a)

In General.— Chapter 447 of title 49, United States Code, is amended by adding at the end the following:

“§ 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 Alaska and 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 Alaska and 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) Covered locations.—The Administrator shall select a designee within the Aviation Safety Organization to implement relevant requirements of this section in covered locations.

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

“(4) 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.—

“(1) Requirement.—The Administrator shall ensure, to the greatest extent practicable, 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 Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or a covered location, and such other members of the aviation community in Alaska or covered locations; and

“(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 in Alaska, 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 for Alaska. 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 in Alaska 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.

“(5) Inventory.—

“(A) Maintenance improvements.—

“(i) In general.—Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall identify and implement reasonable alternative actions to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages, at covered airports.

“(ii) Spare parts availability.—The actions identified by the Administrator in clause (i) shall improve spare parts availability, including consideration of storage of more spare parts in the region in which the systems are located.

“(B) Notice of outages.—Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall update FAA Order 7930.2 Notices to Air Missions, or any successive order, to incorporate weather system outages for automated weather observing systems and automated surface observing systems associated with Service A Outages at covered airports.

“(6) Visual weather observation system.—

“(A) Deployment.—Not later than 3 years after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall take such actions as may be necessary to—

“(i) deploy visual weather observation systems;

“(ii) ensure that such systems are capable of meeting the definition of a covered automated weather system in Alaska; and

“(iii) develop standard operation specifications for visual weather operation systems.

“(B) Modification of specifications.—Upon the request of an aircraft operator, the Administrator shall issue or modify the standard operation specifications for visual weather observation systems developed under subparagraph (A) to allow such systems to be used to satisfy the requirements for supplemental noncertified local weather observations under section 322 of the FAA Reauthorization Act of 2018 (Public Law 115–254).

“(e) Weather Cameras.—

“(1) In general.—The Director shall continuously assess the state of the weather camera systems in Alaska and 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 Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or covered locations, and such other members of the aviation community in Alaska and 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 in Alaska, 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 Alaska and 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 aircraft 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 Alaska and 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 and Alaska.

“(3) Waiver.—The Administrator shall waive any positive benefit-cost ratio requirement for—

“(A) the installation and operation of equipment and facilities necessary to implement the requirement under paragraph (2); and

“(B) the provision of additional ground-based transmitters for automatic dependent surveillance-broadcasts to provide a minimum operational network in Alaska along major flight routes.

“(4) Service areas.—The Director shall continuously identify additional automatic dependent surveillance–broadcast service areas in which the deployment of automatic dependent 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.—Beginning on the date that is 1 year after the date of enactment of the FAA Reauthorization Act of 2024, and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the Initiative, including an itemized description of how the Administration budget meets the goals of the Initiative.

“(2) 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, for each of fiscal years 2025 through 2028—

“(A) the Administrator may, upon application from the government with jurisdiction over a covered airport and in coordination with the State or territory in which a covered airport is located, use amounts apportioned under subsection (d)(2)(B) or subsection (e) of section 47114 to carry out the Initiative; or

“(B) the sponsor of a covered airport that receives an apportionment under subsection (d)(2)(A) 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 years 2025 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 Alaska or 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.

“(3) Covered location.—The term ‘covered location’ means Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.

“(l) Conformity.—The Administrator shall conduct all activities required under this section in conformity with section 44720.”

(b)

Remote Positions.— Section 40122(g) of title 49, United States Code, is amended by adding at the end the following:

“(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, to include personnel located at contract towers, based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.”

(c)

GAO Study on Alaska Aviation Safety.—

(1)

Study.— The Comptroller General shall conduct a study to—

(A)

examine the effectiveness of the Don Young Alaska Aviation Safety Initiative to improve aviation safety, service, and infrastructure; and

(B)

identify challenges within the FAA to accomplishing safety improvements carried out under such Initiative.

(2)

Report.— Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing—

(A)

the findings of the study under paragraph (1); and

(B)

recommendations for such legislative or administrative action as the Comptroller General determines appropriate.

(d)

Runway Length.— The Administrator—

(1)

may not restrict funding made available under chapter 471 of title 49, United States Code, from being used at an airport in Alaska to rehabilitate, resurface, or reconstruct the full length and width of an existing runway within Alaska based solely on reduced current or forecasted aeronautical activity levels or critical design type standards;

(2)

may not reject requests for runway projects at airports in Alaska if such projects address critical community needs, including projects—

(A)

that support economic development by expanding a runway to meet new demands; or

(B)

that preserve the length of runways used by aircraft to deliver necessary cargo, including heating fuel and gasoline, for the community served by the airport; and

(3)

shall, not later than 60 days after receiving a request for a runway rehabilitation or reconstruction project at an airport in Alaska, review each such request on a case-by-case basis.

(e)

Implementation of NTSB Recommendations.—

(1)

In general.— Not later than 3 years after the date of enactment of this Act, the Administrator shall take such actions as may be necessary to implement National Transportation Safety Board recommendations A–22–25 and A–22–26 (as contained in Aviation Investigation Report AIR–22–09, adopted November 16, 2022).

(2)

Coordination.— In taking actions under paragraph (1), the Administrator shall coordinate with the State of Alaska, airports in Alaska, air carriers operating in Alaska, private pilots (including tour operators) based in Alaska, and such other members of the Alaska aviation community or other stakeholders as the Administrator determines appropriate.

(f)

Clerical Amendment.— The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following:

“44745. Don Young Alaska Aviation Safety Initiative.”.

SEC. 343. Accountability and Compliance.

(a)

In General.— Section 44704(a) of title 49, United States Code, is amended by adding at the end the following:

“(6) Submission of data.—When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that—

“(A) the submitted design data demonstrates compliance with the applicable airworthiness standards; and

“(B) any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety, as agreed upon by the Administrator.”

(b)

Report to Congress.— Not later than 1 year after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification requirement added by the amendment made by subsection (a).

SEC. 344. Changed Product Rule Reform.

(a)

In General.— Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives:

(1)

For any significant design change, as determined by the Administrator, to require that the exception related to impracticality under subsection (b)(3) of such section from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception.

(2)

To ensure appropriate documentation of any exception or exemption from airworthiness requirements in title 14, Code of Federal Regulations, as in effect on the date of application for the change.

(b)

Congressional Briefing.— Not later than 1 year after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation by the FAA of the recommendations of the Changed Product Rule International Authorities Working Group, established for purposes of carrying out the requirements of section 117 of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.

(c)

Final Rule.— Not later than 3 years after the date of enactment of this Act, the Administrator shall issue a final rule based on the notice of proposed rulemaking issued under subsection (a).

(d)

Annual Report.— Beginning in 2025 and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress an annual report detailing the number of all significant design change exceptions approved and denied under paragraphs (1) through (3) of section 21.101(b) of title 14, Code of Federal Regulations.

SEC. 345. Administrative Authority for Civil Penalties.

Section 46301(d) of title 49, United States Code, is amended—

(1)

in paragraph (4) by striking subparagraph (A) and inserting the following:

“(A) the amount in controversy is more than—

“(i) $400,000 if the violation was committed by any person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

“(ii) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

“(iii) $1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or

“(iv) $100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024;”

; and

(2)

by striking paragraph (8) and inserting the following:

“(8) The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—

“(A) $400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

“(B) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

“(C) $1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or

“(D) $100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024.”

SEC. 346. Study on Airworthiness Standards Compliance.

(a)

Study.— The Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct a study, in consultation with appropriate aviation safety engineers of the FAA, on the occurrences and potential consequences of a transport airplane design found to not comply with applicable airworthiness standards.

(b)

Scope.— In conducting the study pursuant to subsection (a), the federally funded research and development center shall identify each final airworthiness directive issued by the FAA or another civil aviation authority—

(1)

applicable to transport airplanes during the 10-year period prior to the date of enactment of this Act; and

(2)

to address an unsafe condition resulting from an approved design that was noncompliant with an applicable airworthiness standard.

(c)

Requirements.— For each such airworthiness directive identified under subsection (b), the federally funded research and development center shall examine—

(1)

the airworthiness standard with which the transport airplane failed to comply;

(2)

the resulting unsafe condition and whether such condition resulted in an accident;

(3)

the methods by which the noncompliance was discovered and brought to the attention of the FAA or another civil aviation authority, to the extent such methods can be identified;

(4)

an analysis of the method used by the applicant to show compliance during the certification process and whether other compliance methods may have reasonably identified the noncompliance during the certification process;

(5)

the date of approval of the relevant type design and the date of issuance of the airworthiness directive;

(6)

any corrective action mandated to address the identified unsafe condition;

(7)

the period of time specified for the incorporation of the corrective action, during which the affected transport airplanes were allowed to operate before the unsafe condition was corrected; and

(8)

the total cost of compliance estimated in the final rule adopting the airworthiness directive.

(d)

Coordination.— In conducting the study under subsection (a), the federally funded research and development center shall coordinate with, and solicit comments from—

(1)

transport category aircraft manufacturers; and

(2)

employees of the Administration, including the official bargaining representative of aircraft certification services engineers and of aviation safety engineers under section 7111 of title 5, United States Code, involved in developing airworthiness directives, as necessary.

(e)

Report to Congress.— Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that includes—

(1)

the results of the study conducted under subsection (a);

(2)

actions the Administrator determines necessary to improve safety as a result of the findings under subsection (a) and any root causes of an unsafe condition that were identified;

(3)

the comments solicited under subsection (d); and

(4)

any other recommendations for legislative or administrative action determined appropriate by the Administrator.

(f)

Definitions.— In this section:

(1)

Air carrier; foreign air carrier.— The terms “air carrier” and “foreign air carrier” have the meanings given such terms in section 40102 of title 49, United States Code.

(2)

Transport airplane.— The term “transport airplane” means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative.

SEC. 347. Zero Tolerance for Near Misses, Runway Incursions, and Surface Safety Risks.

(a)

Policy.—

(1)

In general.— Section 47101(a) of title 49, United States Code, is amended—

(A)

by redesignating paragraphs (2) through (13) as paragraphs (3) through (14), respectively; and

(B)

by inserting after paragraph (1) the following:

“(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)

Conforming amendments.— Section 47101 of title 49, United States Code, is amended—

(A)

in subsection (g) by striking “ subsection (a)(5)” and inserting “ subsection (a)(6)”; and

(B)

in subsection (h) by striking “ subsection (a)(6)” and inserting “ subsection (a)(7)”.

(3)

Continuous evaluation.— In carrying out section 47101(a) of title 49, United States Code, as amended by this subsection, the Administrator shall establish a process to continuously track and evaluate ground traffic and air traffic activity and related incidents at airports.

(b)

Runway Safety Council.—

(1)

In general.— Not later than 6 months after the date of enactment of this Act, the Administrator shall establish a council, to be known as the “Runway Safety Council” (in this section referred to as the “Council”), to develop a systematic management strategy to address airport surface safety risks.

(2)

Duties.— The duties of the Council shall include, at a minimum, advancing the development of risk-based, data driven, integrated systems solutions and strategies to enhance airport surface safety risk mitigation.

(3)

Membership.—

(A)

In general.— In establishing the Council, the Administrator shall appoint at least 1 member from each of the following:

(i)

Airport operators.

(ii)

Air carriers.

(iii)

Aircraft operators.

(iv)

Avionics manufacturers.

(v)

Flight schools.

(vi)

The exclusive collective bargaining representative of aviation safety professionals for the FAA certified under section 7111 of title 5, United States Code.

(vii)

The exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code.

(viii)

Other safety experts the Administrator determines appropriate.

(B)

Additional members.— The Administrator may appoint members representing any other stakeholder organization that the Administrator determines appropriate to the Runway Safety Council.

(c)

Airport Surface Safety Technologies.—

(1)

Identification.— Not later than 6 months after the date of enactment of this Act, the Administrator shall, in coordination with the Council, consult with relevant stakeholders to identify technologies, equipment, systems, and process changes, that—

(A)

may provide airport surface surveillance capabilities at airports lacking such capabilities;

(B)

may augment existing airport surface detection and surveillance system; or

(C)

may improve onboard situational awareness for flight crewmembers, including technologies for use in an aircraft that—

(i)

reduce the risk of collision on the runway with other aircraft or vehicles;

(ii)

calculate safe landing distances; and

(iii)

prompt actions to bring the aircraft to a safe stop.

(2)

Criteria.— Not later than 1 year after the date of enactment of this Act, the Administrator shall—

(A)

based on the information obtained pursuant to paragraph (1)(A) and (1)(B), identify airport surface detection and surveillance systems that meet the standards of the FAA and may be able to—

(i)

provide airport surface surveillance capabilities at airports lacking such capabilities; or

(ii)

augment existing airport surface detection and surveillance systems, such as Airport Surface Detection System—Model X or the Airport Surface Surveillance Capability;

(B)

establish a timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by existing airport surface detection and surveillance systems, and implementing runway safety technologies at airports without airport surface detection and surveillance systems, as needed, to improve runway safety;

(C)

based on the information obtained pursuant to paragraph (1)(C), identify safety technologies and systems in transport airplanes that meet the standards of the FAA that will—

(i)

enhance runway safety for transport airplanes that lack the capabilities of such technologies and systems, as appropriate; or

(ii)

augment existing onboard situational awareness runway traffic alerting and runway landing safety technologies installed on transport airplanes; and

(D)

establish clear and quantifiable criteria relating to operational factors, including ground traffic and air traffic activity and the rate of runway and terminal airspace safety events (including runway incursions), that determine when the installation and deployment of an airport surface detection or surveillance system, or other runway safety system (including runway status lights), at an airport is required.

(3)

Deployment.— Not later than 5 years after the date of enactment of this Act, the Administrator shall ensure that airport surface detection and surveillance systems are deployed and operational at—

(A)

all airports described in paragraph (2)(A); and

(B)

all medium and large hub airports.

(4)

Briefing.— Not later than 3 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the progress of the deployment described in paragraph (3).

(d)

Foreign Object Debris Detection.—

(1)

In general.— Not later than 3 years after the date of enactment of this Act, the Administrator shall assess, in coordination with the Council, automated foreign object debris monitoring and detection systems at not less than 3 airports that are using such systems.

(2)

Considerations.— In conducting the assessment under paragraph (1), the Administrator shall consider the following:

(A)

The categorization of an airport.

(B)

The potential frequency of foreign object debris incidents on airport runways or adjacent ramp areas.

(C)

The availability of funding for the installation and maintenance of foreign object debris monitoring and detection systems.

(D)

The impact of such systems on the airfield operations of an airport.

(E)

The effectiveness of available foreign object debris monitoring and detection systems.

(F)

Any other factors relevant to assessing the return on investment of foreign object debris monitoring and detection systems.

(3)

Consultation.— In carrying out this subsection, the Administrator and the Council shall consult with manufacturers and suppliers of foreign object debris detection technology and any other relevant stakeholders.

(e)

Runway Safety Study.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into appropriate arrangements with a federally funded research and development center to conduct a study of runway incursions, airport surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight to determine how advanced technologies and future airport development projects may be able to reduce the frequency of such events and enhance aviation safety.

(2)

Considerations.— In conducting the study under paragraph (1), the federally funded research and development center shall—

(A)

examine data relating to recurring runway incursions, surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight at airports to identify the underlying factors that caused such events;

(B)

assess metrics used to identify when such events are increasing at an airport;

(C)

assess available and developmental technologies, including and beyond such technologies considered in subsection (c), that may augment existing air traffic management capabilities of surface surveillance and terminal airspace equipment;

(D)

consider growth trends in airport size, staffing and communication complexities to identify—

(i)

future gaps in information exchange between aerospace stakeholders; and

(ii)

methods for meeting future near real-time information sharing needs; and

(E)

examine airfield safety training programs used by airport tenants and other stakeholders operating on airfields of airports, including airfield familiarization training programs for employees, to assess scalability to handle future growth in airfield capacity and traffic.

(3)

Recommendations.— In conducting the study required by paragraph (1), the federally funded research and development center shall develop recommendations for the strategic planning efforts of the Administration to appropriately maintain surface safety considering future increases in air traffic and based on the considerations described in paragraph (2).

(4)

Report to congress.— Not later than 90 days after the completion of the study required by paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report on the findings of such study and any recommendations developed under paragraph (3).

(f)

Definitions.— In this section:

(1)

Air carrier; foreign air carrier.— The terms “air carrier” and “foreign air carrier” have the meanings given such terms in section 40102 of title 49, United States Code.

(2)

Airport surface detection and surveillance system.— The term “airport surface detection and surveillance system” means an airport surveillance system that is—

(A)

designed to track surface movement of aircraft and vehicles; or

(B)

capable of alerting air traffic controllers or flight crewmembers of a possible runway incursion, misaligned approach, or other safety event.

(3)

Transport airplane.— The term “transport airplane” means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight above 12,500 pounds or an all-cargo or combi derivative of such an airplane.

SEC. 348. Improvements to Aviation Safety Information Analysis and Sharing Program.

(a)

In General.— Not later than 3 years after the date of enactment of this Act, the Administrator shall implement improvements to the Aviation Safety Information Analysis and Sharing Program with respect to safety data sharing and risk mitigation.

(b)

Requirements.— In carrying out subsection (a), the Administrator shall—

(1)

identify methods to increase the rate at which data is collected, processed, and analyzed to expeditiously share safety intelligence;

(2)

develop predictive capabilities to anticipate emerging safety risks;

(3)

identify methods to improve shared data environments with external stakeholders;

(4)

establish a robust process for prioritizing requests for safety information;

(5)

establish guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data;

(6)

identify industry segments not yet included and conduct outreach to such industry segments to increase the rate of participation, including—

(A)

general aviation;

(B)

air transportation and commercial aviation;

(C)

rotorcraft operations;

(D)

air ambulance operations; and

(E)

aviation maintenance;

(7)

establish processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments; and

(8)

integrate safety data from unmanned aircraft system operators, as appropriate.

(c)

Implementation.— In carrying out subsection (a), the Administrator shall—

(1)

prioritize production-ready configurable solutions over custom development, as appropriate, to support FAA critical aviation safety programs; and

(2)

ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate demonstrations of proposed solutions, as part of the evaluation criteria.

(d)

Rule of Construction.— Nothing in this section shall be construed—

(1)

to require the Administrator to share confidential or proprietary information and data to safety inspectors for purposes of enforcement; or

(2)

to limit the applicability of section 44735 of title 49, United States Code, to the Aviation Safety Information Analysis and Sharing Program.

(e)

Briefing.— Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter until the improvements under subsection (a) are made, the Administrator shall brief the appropriate committees of Congress on the progress of implementation of the Aviation Safety Information Analysis and Sharing Program, including—

(1)

an assessment of the progress of the FAA toward achieving milestones for such program identified by the inspector general of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports;

(2)

a description of the plan to use appropriate deployable commercial solutions to assist the FAA in meeting such milestones;

(3)

steps taken to make improvements under subsection (b); and

(4)

a summary of the efforts of the FAA to address gaps in safety data provided from any of the industry segments described in subsection (b)(6).

SEC. 349. Instructions for Continued Airworthiness Aviation Rulemaking Committee.

(a)

In General.— The Administrator shall convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, instructions for continued airworthiness (as described in section 21.50 of title 14, Code of Federal Regulations), and provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.

(b)

Composition.— The aviation rulemaking committee established pursuant to subsection (a) shall consist of members appointed by the Administrator, including representatives of—

(1)

holders of type certificates (as described in subpart B of part 21, title 14, Code of Federal Regulations);

(2)

holders of production certificates (as described in subpart G of part 21, title 14, Code of Federal Regulations);

(3)

holders of parts manufacturer approvals (as described in subpart K of part 21, title 14, Code of Federal Regulations);

(4)

holders of technical standard order authorizations (as described in subpart O of part 21, title 14, Code of Federal Regulations);

(5)

operators under parts 121, 125, or 135 of title 14, Code of Federal Regulations;

(6)

holders of repair station certificates (as described in section 145 of title 14, Code of Federal Regulations) that are not also type certificate holders as included under paragraph (1), production certificate holders as included under paragraph (2), or aircraft operators as included under paragraph (5) (or associated with any such entities);

(7)

the certified bargaining representative of aviation safety inspectors and engineers for the Administration;

(8)

general aviation operators;

(9)

mechanics certificated under part 65 of title 14, Code of Federal Regulations;

(10)

holders of supplemental type certificates (as described in subpart E of part 21 of title 14, Code of Federal Regulations);

(11)

designated engineering representatives employed by repair stations described in paragraph (6); and

(12)

aviation safety experts with specific knowledge of instructions for continued airworthiness policies and regulations.

(c)

Considerations.— The aviation rulemaking committee established pursuant to subsection (a) shall consider—

(1)

existing standards, regulations, certifications, assessments, and guidance related to instructions for continued airworthiness and the clarity of such standards, regulations, certifications, assessments, and guidance to all parties;

(2)

the sufficiency of safety data used in preparing instructions for continued airworthiness;

(3)

the sufficiency of maintenance data used in preparing instructions for continued airworthiness;

(4)

the protection of proprietary information and intellectual property in instructions for continued airworthiness;

(5)

the availability of instructions for continued airworthiness, as needed, for maintenance activities;

(6)

the need to harmonize or deconflict proposed and existing regulations with other Federal regulations, guidance, and policies;

(7)

international collaboration, where appropriate and consistent with the interests of safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities; and

(8)

any other matter the Administrator determines appropriate.

(d)

Duties.— The Administrator shall—

(1)

not later than 1 year after the date of enactment of this Act, submit to the appropriate committees of Congress a copy of the aviation rulemaking committee report under subsection (a); and

(2)

not later than 180 days after the date of submission of the report under paragraph (1), initiate a rulemaking activity or make such policy and guidance updates necessary to address any consensus recommendations reached by the aviation rulemaking committee established pursuant to subsection (a), as determined appropriate by the Administrator.

SEC. 350. Secondary Cockpit Barriers.

(a)

In General.— Not later than 6 months after the date of enactment of this Act, the Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to require installation of a secondary cockpit barrier on commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations, that are not captured under another regulation or proposed regulation.

(b)

Membership.— The Administrator shall appoint a chair and members of the rulemaking committee convened under subsection (a), which shall be comprised of at least 1 representative from the constituencies of—

(1)

mainline air carriers;

(2)

regional air carriers;

(3)

aircraft manufacturers;

(4)

passenger aircraft pilots represented by a labor group;

(5)

flight attendants represented by a labor group;

(6)

airline passengers; and

(7)

other stakeholders the Administrator determines appropriate.

(c)

Considerations.— The aviation rulemaking committee convened under subsection (a) shall consider—

(1)

minimum dimension requirements for secondary barriers on all aircraft types operated under part 121 of title 14, Code of Federal Regulations;

(2)

secondary barrier performance standards manufacturers and air carriers must meet for such aircraft types;

(3)

the availability of certified secondary barriers suitable for use on such aircraft types;

(4)

the development, certification, testing, manufacturing, installation, and training for secondary barriers for such aircraft types;

(5)

flight duration and stage length;

(6)

the location of lavatories on such aircraft as related to operational complexities;

(7)

operational complexities;

(8)

any risks to safely evacuate passengers of such aircraft; and

(9)

other considerations the Administrator determines appropriate.

(d)

Report to Congress.— Not later than 12 months after the convening of the aviation rulemaking committee described in subsection (a), the Administrator shall submit to the appropriate committees of Congress a report based on the findings and recommendations of the aviation rulemaking committee convened under subsection (a), including—

(1)

if applicable, any dissenting positions on the findings and the rationale for each position; and

(2)

any disagreements with the recommendations, including the rationale for each disagreement and the reasons for the disagreement.

(e)

Installation of Secondary Cockpit Barriers of Existing Aircraft.— Not later than 36 months after the date of the submission of the report under subsection (d), the Administrator shall, taking into consideration the final reported findings and recommendations of the aviation rulemaking committee, issue a final rule requiring installation of a secondary cockpit barrier on each commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations.

SEC. 351. Part 135 Duty and Rest.

(a)

Part 91 Tail–end Ferry Rulemaking.— Not later than 3 years after the date of enactment of this Act, the Administrator shall require that any operation conducted by a flight crewmember during an assigned duty period under the operational control of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, before, during, or after the duty period (including any operations under part 91 of title 14, Code of Federal Regulations), without an intervening rest period, shall count towards the flight time and duty period limitations of such flight crewmember under part 135 of title 14, Code of Federal Regulations.

(b)

Record Keeping.— Not later than 1 year after the date of enactment of this Act, the Administrator shall update any Administration policy and guidance regarding complete and accurate record keeping practices for operators holding a certificate under part 135 of title 14, Code of Federal Regulations, in order to properly document, at a minimum—

(1)

flight crew assignments;

(2)

flight crew prospective rest notifications;

(3)

compliance with flight and duty times limitations and post-duty rest requirements; and

(4)

duty period start and end times.

(c)

Safety Management System Oversight.— The Administrator, in performing oversight of the safety management system of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, following the implementation of the final rule issued based on the final rule titled “Safety Management Systems”, and published on April 26, 2024 (89 Fed. Reg. 33068), shall ensure such operator is evaluating and appropriately mitigating aviation safety risks, including, at minimum, risks associated with—

(1)

inadequate flight crewmember duty and rest periods; and

(2)

incomplete records pertaining to flight crew rest, duty, and flight times.

(d)

Organ Transportation Flights.— In updating guidance and policy pursuant to subsection (b), the Administrator shall consider and allow for appropriate accommodations, including accommodations related to subsections (b)(2) and (b)(4) for operators—

(1)

performing organ transportation operations; and

(2)

who have in place a means by which to identify and mitigate risks associated with flight crew duty and rest.

SEC. 352. Flight Data Recovery from Overwater Operations.

(a)

Flight Data Recovery From Overwater Operations.— Chapter 447 of title 49, United States Code, is further amended by adding at the end the following:

“§ 44746. Flight data recovery from overwater operations

“(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 require that, not later than 5 years after the date of enactment of this section, all applicable aircraft are—

“(1) fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder;

“(2) equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and

“(3) equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment.

“(b) Applicable Aircraft Defined.—In this section, the term ‘applicable aircraft’ means an aircraft manufactured on or after January 1, 2028, that is—

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

“(2) required by regulation to have a cockpit voice recorder and a flight data recorder; and

“(3) used in extended overwater operations.”

(b)

Clerical Amendment.— The analysis for chapter 447 of title 49, United States Code, is further amended by adding at the end the following:

“44746. Flight data recovery from overwater operations.”.

SEC. 353. Ramp Worker Safety Call to Action.

(a)

Call to Action Ramp Worker Safety Review.— Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a Call to Action safety review of airport ramp worker safety and ways to minimize or eliminate ingestion zone and jet blast zone accidents.

(b)

Contents.— The Call to Action safety review required pursuant to subsection (a) shall include—

(1)

a description of Administration regulations, guidance, and directives related to airport ramp worker safety procedures and oversight of such processes;

(2)

a description of reportable accidents and incidents involving airport ramp workers in 5-year period preceding the date of enactment of this Act, including any identified contributing factors to the reportable accident or incident;

(3)

training and related educational materials for airport ramp workers, including supervisory and contract employees;

(4)

any recommended devices and methods for communication on the airport ramp, including considerations of requirements for operable radios and headsets;

(5)

a review of markings on the airport ramp that define restriction, staging, safety, or hazard zones, including markings to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport;

(6)

a review of aircraft jet blast and engine intake safety markings, including incorporation of markings on aircraft to indicate engine inlet danger zones; and

(7)

a process for stakeholders, including airlines, aircraft manufacturers, airports, labor, and aviation safety experts, to provide feedback and share best practices.

(c)

Report and Actions.— Not later than 180 days after the conclusion of the Call to Action safety review pursuant to subsection (a), the Administrator shall—

(1)

submit to the appropriate committees of Congress a report on the results of the review and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible ways to mitigate such risks to be considered in any applicable safety management system of air carriers and airports; and

(2)

initiate such actions as are necessary to act upon the findings of the review.

(d)

Training Materials.— Not later than 6 months after the completion of the safety review required under subsection (a), the Administrator shall develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews, including supervisory and contract employees, that includes information on—

(1)

the specific dangers and consequences of entering engine ingestion or jet blast zones;

(2)

proper protocols to avoid entering an engine ingestion or jet blast zone; and

(3)

on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter.

(e)

Consultation.— In carrying out this section, the Administrator shall consult with aviation safety experts, air carriers, aircraft manufacturers, relevant labor organizations, and airport operators.

(f)

Training Requirements.— Not later than 6 months after the publication of the training and related educational materials required under subsection (d), the Administrator may require any ramp worker, as appropriate, to receive the relevant engine ingestion and jet blast zone hazard training before such ramp worker may perform work on any airport ramp.

SEC. 354. Voluntary Reporting Protections.

(a)

In General.— Section 40123(a) of title 49, United States Code, is amended in the matter preceding paragraph (1)—

(1)

by inserting “ , including section 552(b)(3)(B) of title 5” after “ Notwithstanding any other provision of law”; and

(2)

by inserting “ or third party” after “ nor any agency”.

(b)

Review of Protection From Disclosure.— Not later than 180 days after the date of enactment of this Act, the Administrator shall review and update part 193 of title 14, Code of Federal Regulations, and review section 44735 of title 49, United States Code, to ensure such laws and regulations designate and protect from disclosure information or data submitted, collected, or obtained by the Administrator under voluntary safety programs, including the following:

(1)

Aviation Safety Action Program.

(2)

Flight Operational Quality Assurance.

(3)

Line Operations Safety Assessments.

(4)

Air Traffic Safety Action Program.

(5)

Technical Operations Safety Action Program.

(6)

Such other voluntarily submitted information or programs as the Administrator determines appropriate.

SEC. 355. Tower Marking Notice of Proposed Rulemaking.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to implement section 2110 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note).

(b)

Report.— If the Administrator fails to issue the notice of proposed rulemaking pursuant to subsection (a), the Administrator shall submit to the appropriate committees of Congress an annual report on the status of such rulemaking, including—

(1)

the reasons that the Administrator has failed to issue the rulemaking; and

(2)

a list of fatal aircraft accidents associated with unmarked towers that have occurred during the 5-year period preceding the date of submission of the report.

SEC. 356. Promotion of Civil Aeronautics and Safety of Air Commerce.

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

(1)

in subsection (a) by striking “ In carrying out” and all that follows through “ other interested organizations.”;

(2)

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

(3)

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

(4)

by redesignating subsection (c) as subsection (b) and reordering the subsections accordingly.

SEC. 357. Educational and Professional Development.

(a)

In General.— Section 40104 of title 49, United States Code, is amended by inserting after subsection (b) (as redesignated by section 356) the following:

“(c) Educational and Professional Development.—

“(1) In general.—In carrying out subsection (a), the Administrator shall support and undertake efforts to promote and support the education and professional development of current and future aerospace professionals.

“(2) Educational materials.—Based on the availability of resources, the Administrator shall—

“(A) develop and distribute civil aviation information and educational materials; and

“(B) provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities.

“(3) Content.—In developing the educational materials under paragraph (2), the Administrator shall ensure such materials, including presentations, cover topics of broad relevance, including—

“(A) ethical decision-making and the responsibilities of aerospace professionals;

“(B) managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and

“(C) responsibilities as a designee or representative of the Administrator.”

(b)

Support for Professional Development and Continuing Education.— The Administrator may take such action as may be necessary to support or launch initiatives that seek to advance the professional development and continuing education of aerospace professionals.

SEC. 358. Global Aviation Safety.

(a)

In General.— Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is amended—

(1)

in the subsection heading by inserting “ and Assistance” after “ International Role”;

(2)

in paragraph (1) by striking “ The Administrator” and inserting “ In carrying out subsection (a), the Administrator”;

(3)

by redesignating paragraph (2) as paragraph (4); and

(4)

by inserting after paragraph (1) the following:

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

“(A) assist foreign civil aviation authorities in—

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

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

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

“(iv) preparing for new aviation technologies, including powered-lift aircraft, products, and articles; and

“(v) 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 as required under paragraph (5) and provide technical assistance as described in paragraph (6);

“(E) validate foreign aviation 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 safety activities of the United States aviation sector;

“(H) maintain valuable relationships with entities with aviation 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.”

(b)

Review of International Field Offices.— Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by inserting after paragraph (2) the following:

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

“(A) shall maintain international offices of the Administration;

“(B) every 5 years, may review existing international offices to determine—

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

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

“(C) shall 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 aviation operations or manufacturing.”

(c)

Bilateral Aviation Safety Agreements; Technical Assistance.—

(1)

Establishment.— Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by adding at the end the following:

“(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 aviation safety;

“(ii) increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aviation 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 aviation 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, powered-lift aircraft, products, and articles;

“(vii) aerodrome certification;

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

“(ix) flight simulation training devices;

“(x) new or emerging 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.”

(2)

Technical assistance updates.— Section 40113(e) of title 49, United States Code, is amended by adding at the end the following:

“(6) Technical assistance outside of agreements.—In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that—

“(A) a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and

“(B) the engagement is to provide inherently governmental technical assistance and training.

“(7) Inherently governmental technical assistance and training defined.—In this subsection, the term ‘inherently governmental technical assistance and training’ means technical assistance and training that—

“(A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;

“(B) must be accomplished using agency expertise and authority; and

“(C) relates to—

“(i) international aviation safety assessment technical reviews and technical assistance;

“(ii) aerodrome safety and certification;

“(iii) aviation system certification activities based on Federal Aviation Administration regulations and requirements;

“(iv) cybersecurity efforts to protect United States aviation ecosystem components and facilities;

“(v) operation and maintenance of air navigation system equipment, procedures, and personnel; or

“(vi) training and exercises in support of aviation safety, efficiency, and security.”

(3)

Validation of powered-lift aircraft.— In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator shall ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.

(4)

Report on international validation program performance.—

(A)

In general.— Not later than 2 years after the date of enactment of this Act, the Secretary shall initiate a review to evaluate the performance of the type certificate validation program of the FAA under bilateral or multilateral aviation safety agreements, with a focus on agreed to implementation procedures.

(B)

Contents.— In conducting the review under subparagraph (A), the Secretary shall consider, at minimum, the following:

(i)

Actions taken for the purposes of carrying out section 243(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note).

(ii)

Metrics from validation programs carried out prior to the initiation of such review, including the number and types of projects, timeline milestones, and trends relating to the repeated use of non-basic criteria.

(iii)

Training on the minimum standards of established validation work plans, including any guidance on the level of involvement of the validating authority, established justifications for involvement, and procedures for compliance document requests.

(iv)

The perspectives of—

(I)

FAA employees responsible for type validation projects;

(II)

bilateral civil aviation regulatory partners; and

(III)

industry applicants seeking validation.

(v)

Adequacy of the funding and staffing levels of the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA.

(vi)

Effectiveness of FAA training for FAA employees.

(vii)

Effectiveness of outreach conducted to improve and enforce validation processes.

(viii)

Efforts undertaken to strengthen relationships with international certification authorities.

(ix)

Number of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures.

(C)

Report.— Not later than 60 days after the completion of the review initiated under this subsection, the Administrator shall submit to the appropriate committees of Congress a report regarding such review.

(D)

Definitions.— In this paragraph, the terms “ODA holder” and “ODA unit” have the meanings given such terms in section 44736(c) of title 49, United States Code.

(d)

International Engagement Strategy.— Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by adding at the end the following:

“(7) 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 under section 243(b) 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 export 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;

“(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; and

“(H) a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally.”

(e)

Powered-lift Aircraft.— In developing the methodology required under section 40104(d)(7)(H) of title 49, United States Code (as added by subsection (d)), the Administrator shall—

(1)

perform an assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements to determine how current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures;

(2)

facilitate global acceptance of the approach of the FAA to certification of powered-lift aircraft, products, and articles; and

(3)

consider any other information determined appropriated by the Administrator.

SEC. 359. Availability of Personnel for Inspections, Site Visits, and Training.

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

“(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, aviation fuels, and other aviation standards, regulations, and initiatives adopted by the United States;

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

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

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

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

“(6) activities associated with subsections (c) through (e); and

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

SEC. 360. Wildfire Suppression.

(a)

In General.— Not later than 18 months after the date of enactment of this Act, to ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, the Administrator shall issue a rule under which—

(1)

an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire;

(2)

the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and

(3)

the noise standards described in part 36 of such title 14 shall not apply to such an operation.

(b)

Surplus Military Aircraft.— In issuing a rule under subsection (a), the Administrator may not enable any aircraft of a type that has been—

(1)

manufactured in accordance with the requirements of, and accepted for use by, the armed forces (as defined in section 101 of title 10, United States Code); and

(2)

later modified to be used for wildfire suppression operations.

(c)

Conforming Amendments to FAA Documents.— In issuing a rule under subsection (a), the Administrator shall revise the order of the FAA titled “Restricted Category Type Certification”, issued on February 27, 2006 (FAA Order 8110.56), as well as any corresponding policy or guidance material, to reflect the requirements of this section.

(d)

Savings Provision.— Nothing in this section shall be construed to limit the authority of the Administrator to take action otherwise authorized by law to protect aviation safety or passenger safety.

(e)

Definitions.— In this section:

(1)

Covered aircraft.— The term “covered aircraft” means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency.

(2)

Firefighters.— The term “firefighters” means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.

SEC. 361. Continuous Aircraft Tracking and Transmission for High Altitude Balloons.

(a)

Study on Effects of High Altitude Balloons on Aviation Safety.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the heads of other relevant Federal agencies, shall brief the appropriate committees of Congress on the effects of high altitude balloon operations that do not emit electronic or radio signals for identification purposes and are launched within the United States and the territories of the United States on aviation safety.

(2)

Considerations.— In carrying out this subsection, the Administrator shall consider—

(A)

current technology available and employed to track high altitude balloon operations described under paragraph (1);

(B)

how the flights of such operations have affected, or could affect, aviation safety;

(C)

how such operations have contributed, or could contribute, to misidentified threats to civil or military aviation operations or infrastructure; and

(D)

how such operations have impacted, or could impact, national security and air traffic control operations.

(b)

High Altitude Balloon Tracking Aviation Rulemaking Committee.—

(1)

Establishment.— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review and develop findings and recommendations to inform a standard for any high altitude balloon to be equipped with a system for continuous aircraft tracking that transmits, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner that is accessible to air traffic controllers and ensures the safe integration of high altitude balloons into the national airspace system.

(2)

Composition.— The Committee shall consist of members appointed by the Administrator, including the following:

(A)

Representatives of industry.

(B)

Aviation safety experts, including experts with specific knowledge—

(i)

of high altitude balloon operations; or

(ii)

FAA tracking and surveillance systems.

(C)

Non-governmental researchers and educators.

(D)

Representatives of the Department of Defense.

(E)

Representatives of Federal agencies that conduct high altitude balloon operations.

(3)

Report.— Not later than 18 months after the date of enactment of this Act, the Committee shall submit to the Administrator a report detailing the findings and recommendations developed under paragraph (1), including recommendations regarding the following:

(A)

How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require all high altitude balloons to have a continuous aircraft tracking and transmission system.

(B)

Any necessary updates to the requirements for high altitude balloons under subpart D of part 101 of title 14, Code of Federal Regulations.

(C)

Any necessary updates to other FAA regulations or requirements deemed appropriate and necessary by the Administrator to—

(i)

ensure any high altitude balloon has a continuous aircraft tracking and transmission system;

(ii)

ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers;

(iii)

determine criteria and provide approval guidance for new equipment that provides continuous aircraft tracking and transmission for high altitude balloons and meets the performance requirements described under section 91.225 of title 14, Code of Federal Regulations, including portable, battery-powered Automatic Dependent Surveillance–Broadcast Out equipage; and

(iv)

maintain airspace safety.

(4)

Use of prior work.— In developing the report under paragraph (3), the Committee may make full use of any research, comments, data, findings, or recommendations made by any prior aviation rulemaking committee.

(5)

New technologies and solutions.— Nothing in this subsection shall require the Committee to develop recommendations requiring equipage of high altitude balloons with an Automatic Dependent Surveillance–Broadcast Out system or an air traffic control transponder transmission system, or preclude the Committee from making recommendations for the adoption of new systems or solutions that may require that a high altitude balloon be equipped with a system that can transmit, at a minimum, the altitude, location, and identity of the high altitude balloon.

(6)

Briefing.— Not later than 6 months after receiving the report required under paragraph (3), the Administrator shall brief the appropriate committees of Congress on the contents of such report and the status of any recommendation received pursuant to such report.

(c)

Definitions.— In this section, the term “high altitude balloon” means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.

SEC. 362. Cabin Air Safety.

(a)

Deadline for 2018 Study on Bleed Air.— Not later than 6 months after the date of enactment of this Act, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and submit to the appropriate Congressional committees the following:

(1)

The completed study required under subsection (c) of such section.

(2)

The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required under subsection (d) of such section.

(b)

Reporting System for Smoke or Fume Events Onboard Commercial Aircraft.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a standardized submission system for air carrier employees to voluntarily report fume or smoke events onboard passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.

(2)

Collected information.— In developing the system under paragraph (1), the Administrator shall ensure that the system includes a method for submitting information about a smoke or fume event that allows for the collection of the following information, if applicable:

(A)

Identification of the flight number, type, and registration of the aircraft.

(B)

The date of the reported fume or smoke event onboard the aircraft.

(C)

Description of fumes or smoke in the aircraft, including the nature, intensity, and visual consistency or smell (if any).

(D)

The location of the fumes or smoke in the aircraft.

(E)

The source (if discernible) of the fumes or smoke in the aircraft.

(F)

The phase of flight during which fumes or smoke first became present.

(G)

The duration of the fume or smoke event.

(H)

Any required onboard medical attention for passengers or crew members.

(I)

Any additional factors as determined appropriate by the Administrator or crew member submitting a report.

(3)

Guidelines for submission.— The Administrator shall issue guidelines on how to submit the information described in paragraph (2).

(4)

Confirmation of submission.— Upon submitting the information described in paragraph (2), the submitting party shall receive a duplicate record of the submission and confirmation of receipt.

(5)

Use of information.— The Administrator—

(A)

may not publicly publish any—

(i)

information specific to a fume or smoke event that is submitted pursuant to this section; and

(ii)

any information that may be used to identify the party submitting such information;

(B)

may only publicly publish information submitted pursuant to this section that has been aggregated if—

(i)

such information has been validated; and

(ii)

the availability of such information would improve aviation safety;

(C)

shall maintain a database of such information;

(D)

at the request of an air carrier, shall provide to such air carrier any information submitted pursuant to this section that is relevant to such air carrier, except any information that may be used to identify the party submitting such information;

(E)

may not, without validation, assume that information submitted pursuant to this section is accurate for the purposes of initiating rulemaking or taking an enforcement action;

(F)

may use information submitted pursuant to this section to inform the oversight of the safety management system of an air carrier; and

(G)

may use information submitted pursuant to this section for the purpose of performing a study or supporting a study sponsored by the Administrator.

(c)

National Academies Study on Overall Cabin Air Quality.—

(1)

In general.— Not later than 3 years after the date of enactment of this Act, the Administrator shall seek to enter into the appropriate arrangements with the National Academies to conduct a study and issue recommendations to be made publicly available pertaining to cabin air quality and any risk of, and potential for, persistent and accidental fume or smoke events onboard a passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.

(2)

Scope.— In carrying out a study pursuant to paragraph (1), the National Academies shall examine—

(A)

the report issued pursuant to section 326 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and any identified assumptions or gaps described in such report;

(B)

the information collected through the system established pursuant to subsection (b);

(C)

any health risks or impacts of fume or smoke events on flight crews, including flight attendants and pilots, and passengers onboard aircraft operating under part 121 of title 14, Code of Federal Regulations;

(D)

instances of persistent or regularly occurring (as determined by the National Academies) fume or smoke events in such aircraft;

(E)

instances of accidental, unexpected, or irregularly occurring (as determined by the National Academies) fume or smoke events on such aircraft, including whether such accidental events are more frequent during various phases of operations, including ground operations, taxiing, take off, cruise, and landing;

(F)

the air contaminants present during the instances described in subparagraphs (D) and (E) and the probable originating materials of such air contaminants;

(G)

the frequencies, durations, and likely causes of the instances described in subparagraphs (D) and (E); and

(H)

any additional data on fume or smoke events, as determined appropriate by the National Academies.

(3)

Recommendations.— As a part of the study conducted under paragraph (1), the National Academies shall provide recommendations—

(A)

that, at minimum, address how to—

(i)

improve overall cabin air quality of passenger-carrying aircraft;

(ii)

improve the detection, accuracy, and reporting of fume or smoke events; and

(iii)

reduce the frequency and impact of fume or smoke events; and

(B)

to establish or update standards, guidelines, or regulations that could help achieve the recommendations described in subparagraph (A).

(4)

Report to congress.— Not later than 1 month after the completion of the study conducted under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a copy of such study and recommendations submitted with such study.

(d)

Rulemaking.— Not later than 1 year after the completion of the study conducted under subsection (c), the Administrator may, as appropriate to address the safety risks identified as a result of the actions taken pursuant to this section, issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations that may include the following:

(1)

Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving fume or smoke events.

(2)

Required actions and procedures for air carriers to take after receiving a report of an incident involving a fume or smoke event in which at least 1 passenger or crew member required medical attention as a result of such incident.

(3)

Installation onboard aircraft of detectors and other air quality monitoring equipment.

(e)

Fume or Smoke Event Defined.— In this section, the term “fume or smoke event” means an event in which there is an atypical noticeable or persistent presence of fumes or air contaminants in the cabin, including, at a minimum, a smoke event.

SEC. 363. Commercial Air Tour and Sport Parachuting Safety.

(a)

Safety Requirements for Commercial Air Tour Operators.—

(1)

Safety reforms.—

(A)

Authority to conduct nonstop commercial air tours.—

(i)

In general.— Subject to clause (ii), beginning on the date that is 2 years after the date a final rule is published pursuant to paragraph (3), no person may conduct commercial air tours unless such person either—

(I)

holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations and conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations; or

(II)

conducts all commercial air tours pursuant to the requirements established by the Administrator under the final rule published pursuant to paragraph (3).

(ii)

Small business exception.— The provisions of clause (i) shall not apply to a person who conducts 100 or fewer commercial air tours in a calendar year.

(B)

Additional safety requirements.—

(i)

In general.— Not later than 3 years after the date of enactment of this Act, the Administrator shall issue new or revised regulations to require a commercial air tour operator seeking to conduct an operation with a removed or modified door and a person conducting aerial photography operations seeking to conduct an operation with a removed or modified door to receive approval from the Administrator prior to conducting such operation.

(ii)

Conditions and restrictions.— In issuing new or revised regulations under clause (i), the Administrator may impose such conditions and restrictions as determined necessary for safety.

(iii)

Considerations.— In issuing new or revised regulations under clause (i), the Administrator shall require a commercial air tour operator to demonstrate to any representative of the FAA, upon request, that a pilot authorized to operate such an air tour has received avoidance training for controlled flight into terrain and in-flight loss of control. Such training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low-visibility environments with special attention paid to research available as of the date of enactment of this Act on human factors issues involved in such accidents, including, at a minimum—

(I)

specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents;

(II)

pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules;

(III)

use of terrain awareness displays;

(IV)

spatial disorientation risk factors and countermeasures; and

(V)

strategies for maintaining control, including the use of automated systems.

(2)

Aviation rulemaking committee.—

(A)

In general.— The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of commercial air tours.

(B)

Considerations.— The aviation rulemaking committee convened under subparagraph (A) shall consider, at a minimum—

(i)

potential changes to operations regulations or requirements for commercial air tours, including requiring—

(I)

the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations; and

(II)

the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations;

(ii)

establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues;

(iii)

requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program under section 13.401 of title 14, Code of Federal Regulations (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods);

(iv)

requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program;

(v)

establishing methods to provide effective terrain awareness and warning; and

(vi)

establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring commercial air tour operators that operate within such areas be equipped with an automatic dependent surveillance-broadcast out- and in-supported traffic advisory system that—

(I)

includes both visual and aural alerts;

(II)

is driven by an algorithm designed to eliminate nuisance alerts; and

(III)

is operational during all flight operations.

(vii)

codifying and uniformly applying Living History Flight Experience exemption conditions and limitations.

(C)

Membership.— The aviation rulemaking committee convened under subparagraph (A) shall consist of members appointed by the Administrator, including—

(i)

representatives of industry, including manufacturers of aircraft and aircraft technologies;

(ii)

air tour operators or organizations that represent such operators; and

(iii)

aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations.

(D)

Duties.—

(i)

In general.— The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (vi) of subparagraph (B).

(ii)

Considerations.— In carrying out the duties of the aviation rulemaking committee under clause (i), the Administrator shall direct the aviation rulemaking committee to consider—

(I)

recommendations of the National Transportation Safety Board;

(II)

recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements for commercial operators under part 135 of title 14, Code of Federal Regulations;

(III)

recommendations from industry safety organizations, including the Vertical Aviation Safety Team, the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team;

(IV)

scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends;

(V)

appropriate use of data for modifying behavior to prevent accidents;

(VI)

the need to accommodate technological advancements in flight data recording technology;

(VII)

data gathered from aviation safety reporting programs;

(VIII)

appropriate methods to provide effective terrain awareness and warning system protections while mitigating nuisance alerts for aircraft;

(IX)

the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations;

(X)

the need to accommodate diversity of operations and mission sets;

(XI)

benefits of third-party data analysis for large and small operations;

(XII)

accommodations necessary for small businesses; and

(XIII)

other issues, as necessary.

(E)

Reports and regulations.— Not later than 20 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee.

(3)

Rulemaking required.—

(A)

Notice of proposed rulemaking.— Not later than 1 year after the date the Administrator submits a report under paragraph (2)(E), the Administrator shall issue a notice of proposed rulemaking establishing increasing safety regulations for commercial air tour operators based on the recommendations of the rulemaking committee established under paragraph (2).

(B)

Contents.— The notice of proposed rulemaking under subparagraph (A) shall require, at a minimum—

(i)

the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations for commercial tour operators;

(ii)

the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations for commercial tour operators; and

(iii)

that beginning on a date determined appropriate by the Administrator, a helicopter operated by a commercial air tour operator be equipped with an approved flight data monitoring system capable of recording flight performance data.

(C)

Final rule.— Not later than 2 years after the issuance of a notice of proposed rulemaking under subparagraph (A), the Administrator shall finalize the rule.

(b)

Safety Requirements for Sport Parachute Operations.—

(1)

Aviation rulemaking committee.— The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of sport parachute operations.

(2)

Contents.— This aviation rulemaking committee convened under paragraph (1) shall consider, at a minimum—

(A)

potential regulatory action governing parachute operations that are conducted in the United States and are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address—

(i)

whether FAA-approved aircraft maintenance and inspection programs that consider, at a minimum, minimum equipment standards informed by recommended maintenance instructions of engine manufacturers, such as service bulletins and service information letters for time between overhauls and component life limits, should be implemented; and

(ii)

initial and annual recurrent pilot training and proficiency checks for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and

(B)

the revision of guidance material contained in the advisory circular of the FAA titled “Sport Parachuting” (AC 105–2E) to include guidance for parachute operations in implementing the FAA-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations; and

(C)

the revision of guidance materials issued in the order of the FAA titled “Flight Standards Information Management System” (FAA Order 8900.1), to include guidance for FAA inspectors who oversee an operation conducted under—

(i)

part 91 of title 14, Code of Federal Regulations; and

(ii)

an exception specified in section 119.1(e) of title 14, Code of Federal Regulations.

(3)

Membership.— The aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including—

(A)

representatives of industry, including manufacturers of aircraft and aircraft technologies;

(B)

parachute operators, or organizations that represent such operators; and

(C)

aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations.

(4)

Duties.—

(A)

In general.— The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (2).

(B)

Considerations.— In carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider—

(i)

findings and recommendations of the National Transportation Safety Board, as relevant, and specifically such findings and recommendations related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii;

(ii)

recommendations of previous aviation rulemaking committees that considered similar issues;

(iii)

recommendations from industry safety organizations, including, at a minimum, the United States Parachute Association;

(iv)

appropriate use of data for modifying behavior to prevent accidents;

(v)

data gathered from aviation safety reporting programs;

(vi)

the need to accommodate diversity of operations and mission sets;

(vii)

accommodations necessary for small businesses; and

(viii)

other issues as necessary.

(5)

Reports and regulations.—

(A)

In general.— Not later than 36 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee.

(B)

Contents.— The report under subparagraph (A) shall include—

(i)

any recommendations submitted by the aviation rulemaking committee; and

(ii)

any actions the Administrator intends to initiate, if necessary, as a result of such recommendations.

(c)

Definitions.— In this section:

(1)

Air carrier.— The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

(2)

Commercial air tour.— The term “commercial air tour” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

(3)

Commercial air tour operator.— The term “commercial air tour operator” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

(4)

Parachute operation.— The term “parachute operation” has the meaning given such term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).

SEC. 364. Hawaii Air Noise and Safety Task Force.

(a)

Participation.— To the extent acceptable to the State of Hawaii, the Administrator shall participate as a technical advisor in the air noise and safety task force established by State legislation in the State of Hawaii.

(b)

Rulemaking.— Not later than 18 months after the date on which the task force described in subsection (a) delivers findings and consensus recommendations to the FAA, the Administrator shall, consistent with maintaining the safety and efficiency of the national airspace system—

(1)

issue an intent to proceed with a proposed rulemaking;

(2)

take other action sufficient to carry out feasible, consensus recommendations; or

(3)

issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination.

(c)

Considerations.— In determining whether to proceed with a proposed rulemaking, guidance, or other action under subsection (b) and, if applicable, in developing the proposed rule, guidance, or carrying out the other action, the Administrator shall consider the findings and consensus recommendations of the task force described in subsection (a).

(d)

Authorities.— In issuing the rule, guidance, or carrying out the other action described in subsection (b), the Administrator may take actions in the State of Hawaii to—

(1)

provide commercial air tour operators with preferred routes, times, and minimum altitudes for the purpose of noise reduction, so long as such recommendations do not negatively impact safety conditions;

(2)

provide commercial air tour operators with information regarding quiet aircraft technology; and

(3)

establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints.

(e)

Rule of Construction.— Nothing in this section shall be construed as providing the Administrator with authority to ban commercial air tour flights in the State of Hawaii for the purposes of noise reduction.

(f)

Definitions.— In this section:

(1)

Commercial air tour.— The term “commercial air tour” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

(2)

Commercial air tour operator.— The term “commercial air tour operator” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

SEC. 365. Modernization and Improvements to Aircraft Evacuation.

(a)

Study.—

(1)

In general.— Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations.

(2)

Contents.—

(A)

Requirements.— The study required under paragraph (1) shall include—

(i)

a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards;

(ii)

an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;

(iii)

an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;

(iv)

the research proposed in National Transportation Safety Board Safety Recommendation A–18–009; and

(v)

any other analysis determined appropriate by the Administrator.

(B)

Considerations.— In conducting the study under paragraph (1), the Administrator shall assess the following:

(i)

The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane.

(ii)

The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane.

(iii)

The ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane.

(iv)

The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane.

(v)

The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane.

(vi)

The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane.

(vii)

The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane.

(viii)

The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane.

(ix)

With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane.

(x)

The impact of passenger load on the ability of passengers to safely and efficiently evacuate a transport category airplane.

(xi)

The impact of animals approved to accompany a passenger, including service animals, on the ability of passengers to safely and efficiently evacuate a transport category airplane.

(xii)

Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing in any case in which the Administrator determines that the new aircraft design is significant.

(xiii)

Any other factor determined appropriate by the Administrator.

(C)

Definitions.— In this paragraph:

(i)

Passenger load.— The term “passenger load” means the number of passengers relative to the number of seats onboard the aircraft.

(ii)

Passengers with disabilities.— The term “passengers with disabilities” means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations.

(b)

Aviation Rulemaking Committee for Evacuation Standards.—

(1)

In general.— Not later than 180 days after the completion of the study conducted under subsection (a), the Administrator shall establish an aviation rulemaking committee (in this section referred to as the “Committee”) to—

(A)

review the findings of the study; and

(B)

develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations.

(2)

Composition.— The Committee shall consist of members appointed by the Administrator, including the following:

(A)

Representatives of industry.

(B)

Representatives of aviation labor organizations.

(C)

Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121.

(D)

Representatives of individuals with disabilities with specific knowledge of accessibility standards regarding evacuations in emergency circumstances.

(E)

Representatives of the senior citizen community.

(F)

Representatives of pediatricians.

(3)

Considerations.— In reviewing the findings of the study conducted under subsection (a) and developing recommendations regarding the improvement of the evacuation standards under subsection (b)(1)(B), the Committee shall consider the following:

(A)

The recommendations made by any prior aviation rulemaking committee regarding the evacuation standards described in such parts 25 and 121.

(B)

Scientific data derived from the study conducted under subsection (a).

(C)

Any data gathered from aviation safety reporting programs.

(D)

The cost-benefit analysis and risk analysis of any recommended standards.

(E)

Any other item determined appropriate by the Committee.

(c)

Report to Congress.— Not later than 180 days after the date on which the Committee submits to the Administrator the recommendations under subsection (b)(1)(B), the Administrator shall submit to the appropriate committees of Congress a report on—

(1)

the findings of the study conducted under subsection (a);

(2)

the recommendations of the Committee under subsection (b)(1)(B); and

(3)

the Administrator’s plan, if any, to implement such recommendations.

(d)

Rulemaking.— Not later than 90 days after submitting to Congress the report under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator considers appropriate.

SEC. 366. 25-Hour Cockpit Voice Recorder.

(a)

In General.—

(1)

Cockpit voice recorder for newly manufactured aircraft.— A covered operator may not operate a covered aircraft manufactured later than the date that is 1 year after the date of enactment of this Act unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.

(2)

Cockpit voice recorder for covered aircraft.— Not later than 6 years after the date of enactment of this Act, a covered operator may not operate a covered aircraft unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.

(b)

Prohibited Use.— The Administrator or any covered operator may not use a cockpit voice recorder recording for a certificate action, civil penalty, or disciplinary proceedings against a flight crewmember.

(c)

Rulemaking.— Not later than 3 years after the date of enactment of this Act, the Administrator shall—

(1)

issue a final rule to update applicable regulations, as necessary, to conform to the requirements of subsection (a)(2); and

(2)

issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a cockpit voice recorder—

(A)

is protected from unlawful or unauthorized disclosure to the public;

(B)

is used exclusively by a Federal agency or a foreign accident investigative agency for a criminal investigation, aircraft accident, or aircraft incident investigation; and

(C)

is not deliberately erased or tampered with following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, for which civil and criminal penalties may be assessed in accordance with section 1155 of title 49, United States Code, and section 32 of title 18, United States Code.

(d)

Savings Clause.— Nothing in this section shall be construed as rescoping, constraining, or otherwise mandating delays to FAA actions in the notice of proposed rulemaking titled “25–Hour Cockpit Voice Recorder (CVR) Requirements, New Aircraft Production”, issued on December 4, 2023 (88 Fed. Reg. 84090).

(e)

Rule of Construction.— Nothing in this section shall be construed to affect—

(1)

the confidentiality of recording and transcripts under section 1114(c) of title 49, United States Code;

(2)

the ban on recording for civil penalty or certificate under section 121.359(h) of title 14, Code of Federal Regulations; or

(3)

the prohibition against use of data from flight operational quality assurance programs for enforcement purposes under section 13.401 of title 14, Code of Federal Regulations.

(f)

Definitions.— In this section:

(1)

Covered aircraft.— The term “covered aircraft” means—

(A)

an aircraft operated by an air carrier under part 121 of title 14, Code of Federal Regulations; or

(B)

a transport category aircraft designed for operations by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an aircraft.

(2)

Covered operator.— The term “covered operator” means the operator of a covered aircraft.

SEC. 367. Sense of Congress Regarding Mandated Contents of Onboard Emergency Medical Kits.

It is the sense of Congress that—

(1)

a regularly scheduled panel of experts should reexamine and provide an updated list of mandated contents of onboard emergency medical kits that is thorough and practical, keeping passenger safety and well-being paramount; and

(2)

such panel should consider including on the list of mandated contents of such medical kits, at a minimum, opioid overdose reversal medication.

SEC. 368. Passenger Aircraft First Aid and Emergency Medical Kit Equipment and Training.

(a)

In General.— Not later than 2 years after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking regarding first aid and emergency medical kit equipment and training required for flight crewmembers, as provided in part 121 of title 14, Code of Federal Regulations, applicable to all certificate holders operating passenger aircraft under such part.

(b)

Considerations.— In carrying out subsection (a), the Administrator shall consider—

(1)

the benefits and costs (including the costs of flight diversions and emergency landings) of requiring any new medications or equipment necessary to be included in approved emergency medical kits;

(2)

whether the contents of the emergency medical kits include, at a minimum, appropriate medications and equipment that can practicably be administered to address—

(A)

the emergency medical needs of children and pregnant women;

(B)

opioid overdose reversal;

(C)

anaphylaxis; and

(D)

cardiac arrest;

(3)

what contents of the emergency medical kits should be readily available, to the extent practicable, for use by flight crews without prior approval by a medical professional.

(c)

Regular Review.— Not later than 5 years after the issuance of the final rule under subsection (a), and every 5 years thereafter, the Administrator shall evaluate and revise, if appropriate—

(1)

the first aid and emergency medical kit equipment and training required for flight crewmembers; and

(2)

any required training for flight crewmembers regarding the content, location, and function of such kit.

SEC. 369. International Aviation Safety Assessment Program.

(a)

Aviation Safety Oversight Measures Carried Out by Foreign Countries.— Chapter 447 of title 49, United States Code, is further amended by adding at the end the following:

“§ 44747. Aviation safety oversight measures carried out by foreign countries

“(a) Assessment.—

“(1) In general.—On a regular basis, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess aviation safety oversight measures carried out by any foreign country—

“(A) from which a foreign air carrier is conducting foreign air transportation to and from the United States;

“(B) from which a foreign air carrier seeks to conduct foreign air transportation to and from the United States;

“(C) whose air carriers carry or seek to carry the code of a United States air carrier; or

“(D) as determined appropriate by the Administrator.

“(2) Consultation and criteria.—In conducting an assessment described in paragraph (1), the Administrator shall—

“(A) consult with the appropriate authorities of the government of the foreign country;

“(B) determine the efficacy with which such foreign country carries out and complies with its aviation safety oversight responsibilities consistent with—

“(i) the Convention on International Civil Aviation (in this section referred to as the ‘Chicago Convention’);

“(ii) international aviation safety standards; and

“(iii) recommended practices set forth by the International Civil Aviation Organization;

“(C) use a standard approach and methodology that will result in an analysis of the aviation safety oversight activities of such foreign country that are carried out to meet the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment, or any such successor documents; and

“(D) identify instances of noncompliance pertaining to the aviation safety oversight activities of such foreign country consistent with the Chicago Convention, international aviation safety standards, and recommended practices set forth by the International Civil Aviation Organization.

“(3) Findings of noncompliance.—In any case in which the assessment described in subsection (a)(1) finds an instance of non-compliance, the Administrator shall—

“(A) notify the foreign country that is the subject of such finding;

“(B) not later than 90 days after transmission of such notification, request and initiate final discussions with the foreign country to recommend actions by which the foreign country can mitigate the noncompliance; and

“(C) after the discussions described in subparagraph (B) have concluded, determine whether or not the noncompliance finding has been corrected;

“(b) Uncorrected Non-compliance.—If the Administrator finds that such foreign country has not corrected the non-compliance by the close of such final discussions—

“(1) the Administrator shall notify the Secretary of Transportation and the Secretary of State that the condition of noncompliance remains;

“(2) the Administrator, after consulting with informing the Secretary of Transportation and the Secretary of State, shall notify the foreign country of such finding; and

“(3) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that—

“(A) provides or seeks to provide foreign air transportation to and from the United States; or

“(B) carries or seeks to carry the code of an air carrier.

“(c) Authority.—Notwithstanding subsections (a) and (b), the Administrator retains the ability to take immediate safety oversight actions if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, as needed, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from such foreign country. In this event that the Administrator makes a determination under this subsection, the Administrator shall immediately notify the Secretary of State of such determination so that the Secretary of State may issue a travel advisory with respect to such foreign country.

“(d) Public Notification.—

“(1) In general.—In any case in which the Administrator provides notification to a foreign country under subsection (b)(2), the Administrator shall—

“(A) recommend the actions necessary to bring such foreign country into compliance with the international standards contained in the Chicago Convention;

“(B) publish the identity of such foreign country on the website of the Federal Aviation Administration, in the Federal Register, and through other mediums appropriate to provide notice to the public; and

“(C) brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the identity of such foreign country and a summary of any critical safety information resulting from an assessment described in subsection (a)(1).

“(2) Compliance.—If the Administrator finds that a foreign country subsequently corrects all outstanding noncompliances, the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, shall take actions as necessary to ensure the updated compliance status is reflected, including in the mediums invoked in paragraph (1)(B).

“(e) Accuracy of the IASA List.—A foreign country that does not have foreign air carrier activity, as described in subsection (a)(1), for an extended period of time, as determined by the Administrator, shall be removed for inactivity from the public listings described in subsection (d)(1)(B), after informing the Secretary of Transportation and the Secretary of State.

“(f) Consistency.—

“(1) In general.—The Administration shall use data, tools, and methods that ensure transparency and repeatability of assessments conducted under this section.

“(2) Training.—The Administrator shall ensure that Administration personnel are properly and adequately trained to carry out the assessments set forth in this section, including with respect to the standards, methodology, and material used to make determinations under this section.”

(b)

Report to Congress.— Not later than 2 years after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the assessments conducted under the amendments made by this section, including the results of any corrective actions taken by noncompliant foreign countries.

(c)

Clerical Amendment.— The analysis for chapter 447 of title 49, United States Code, is further amended by adding at the end the following:

“44747. Aviation safety oversight measures carried out by foreign countries.”.

SEC. 370. Whistleblower Protection Enforcement.

Section 42121(b) of title 49, United States Code, is amended—

(1)

in the subsection heading by striking “ Department of labor complaint procedure” and inserting “ Department of labor and federal aviation administration complaint procedure”; and

(2)

by striking paragraph (5) and inserting the following:

“(5) Enforcement of order.—Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary of Labor and the Administrator of the Federal Aviation Administration shall consult with each other to determine the most appropriate action to be taken, in which—

“(A) the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order, for which, in actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, injunctive relief and compensatory damages; and

“(B) the Administrator of the Federal Aviation Administration may assess a civil penalty pursuant to section 46301.”

SEC. 371. Civil Penalties for Whistleblower Protection Program Violations.

Section 46301(d)(2) of title 49, United States Code, is amended by inserting “ section 42121,” before “ chapter 441”.

SEC. 372. Enhanced Qualification Program for Restricted Airline Transport Pilot Certificate.

(a)

Program.—

(1)

In general.— Not later than 6 months after the date of enactment of this Act, the Administrator shall establish the requirements for a program to be known as the Enhanced Qualification Program (in this section referred to as the “Program”) under which—

(A)

qualified air carriers are certified by the Administrator to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution under part 141 or part 142 of title 14, Code of Federal Regulations, that is under contract with the qualified air carrier; and

(B)

qualified instructors and evaluators provide enhanced training to eligible pilots pursuant to the curriculum requirements under paragraph (4).

(2)

Qualified instructors and evaluators.— Under the Program—

(A)

all testing and training shall be performed by qualified instructors; and

(B)

all evaluations shall be performed by qualified evaluators.

(3)

Pilot assessment.— Under the Program, the Administrator shall establish guidelines for an assessment that prospective pilots are required to pass in order to participate in the training under the Program. Such assessment shall include an evaluation of the pilot’s aptitude, ability, and readiness for operation of transport category aircraft.

(4)

Program curriculum.— Under the Program, the Administrator shall establish requirements for the curriculum to be provided under the Program. Such curriculum shall include—

(A)

a nationally standardized, non-air carrier or aircraft-specific training curriculum which shall—

(i)

ensure prospective pilots have appropriate knowledge at the commercial pilot certificate, multi-engine rating, and instrument rating level;

(ii)

introduce the pilots to concepts associated with air carrier operations;

(iii)

meet all requirements for an ATP Certification Training Program under part 61.156 or part 142 of title 14, Code of Federal Regulations; and

(iv)

include a course of instruction designed to prepare the prospective pilot to take the ATP Multiengine Airplane Knowledge Test;

(B)

an aircraft-specific training curriculum, developed by the air carrier using objectives and learning standards developed by the Administrator, which shall—

(i)

only be administered to prospective pilots who have completed the requirements under subparagraph (A);

(ii)

resemble a type rating training curriculum that includes aircraft ground and flight training that culminates in—

(I)

the completion of a maneuvers evaluation that incorporates elements of a type rating practical test; or

(II)

at the discretion of the air carrier, an actual type rating practical test resulting in the issuance of a type rating for the specific aircraft; and

(iii)

ensure the prospective pilot has an adequate understanding and working knowledge of transport category aircraft automation and autoflight systems; and

(C)

air carrier-specific procedures using objectives and learning standards developed by the Administrator to further expand on the concepts described in subparagraphs (A) and (B), which shall—

(i)

only be administered to prospective pilots who have completed requirements under subparagraphs (A) and (B) and an ATP Multiengine Airplane Knowledge Test;

(ii)

include instructions on air carrier checklist usage and standard operating procedures; and

(iii)

integrate aircraft-specific training in appropriate flight simulation training devices representing the specific aircraft type, including complete crew resource management and scenario-based training.

(5)

Application and certification.— Under the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such process shall include a review to ensure that the training provided by the air carrier will meet the requirements of this section, including—

(A)

the assessment requirements under paragraph (3);

(B)

the curriculum requirements under paragraph (4);

(C)

the requirements for qualified instructors under subsection (d)(5); and

(D)

the requirements for eligible pilots under subsection (d)(2).

(6)

Data.— Under the Program, the Administrator shall require that each qualified air carrier participating in the Program collect and submit to the Administrator such data from the Program that the Administrator determines is appropriate for the Administrator to provide for oversight of the Program.

(7)

Regular inspection.— Under the Program, the Administrator shall provide for the regular inspection of qualified air carriers certified under paragraph (5) to ensure that the air carrier continues to meet the requirements under the Program.

(b)

Regulations.— The Administrator may issue regulations or guidance as determined necessary to carry out the Program.

(c)

Clarification Regarding Required Flight Hours.— The provisions of this section shall have no effect on the total flight hours required under part 61.159 of title 14, Code of Federal Regulations, to receive an airline transport pilot certificate, or the Administrator’s authority under section 217(d) of the Airline Safety and Federal Aviation Administration Extension Act of 2010 (49 U.S.C. 44701 note) (as in effect on the date of enactment of this section).

(d)

Definitions.— In this section:

(1)

Air carrier.— The term “air carrier” has the meaning given that term in section 40102 of title 49, United States Code.

(2)

Eligible pilot.— The term “eligible pilot” means a pilot that—

(A)

has—

(i)

graduated from a United States Armed Forces undergraduate pilot training school;

(ii)

obtained a degree with an aviation major from an institution of higher education (as defined in part 61.1 of title 14, Code of Federal Regulations) that has been issued a letter of authorization by the Administrator under part 61.169 of such title 14; or

(iii)

completed flight and ground training for a commercial pilot certificate in the airplane category and an airplane instrument rating at a certified training institution under part 141 of such title 14;

(B)

has a current commercial pilot certificate under part 61.123 of such title 14, with airplane category multi-engine and instrument ratings under part 61.129 of such title 14; and

(C)

meets the pilot assessment requirements under subsection (a)(3).

(3)

Qualified air carrier.— The term “qualified air carrier” means an air carrier that has been issued a part 119 operating certificate for conducting operations under part 121 of title 14, Code of Federal Regulations.

(4)

Qualified evaluator.— The term “qualified evaluator” means an individual that meets the requirements for a training center evaluator under part 142.55 of title 14, Code of Federal Regulations, or for check airmen under part 121.411 of such title.

(5)

Qualified instructor.— The term “qualified instructor” means an individual that—

(A)

is qualified in accordance with the minimum training requirements for an ATP Certification Training Program under paragraphs (1) through (3) of part 121.410(b) of title 14, Code of Federal Regulations;

(B)

if the instructor is a flight instructor, is qualified in accordance with part 121.410(b)(4) of such title;

(C)

if the instructor is administering type rating practical tests, is qualified as an appropriate examiner for such rating;

(D)

received training in threat and error management, facilitation, and risk mitigation determined appropriate by the Administrator; and

(E)

meets any other requirement determined appropriate by the Administrator.

Subtitle B Aviation Cybersecurity

SEC. 391. Findings.

Congress finds the following:

(1)

Congress has tasked the FAA with responsibility for securing the national airspace system, including the air traffic control system and other air navigation services, civil aircraft, and aeronautical products and articles through safety regulation and oversight. These mandates have included protecting against cyber threats affecting aviation safety or the Administration’s provision of safe, secure, and efficient air navigation services and airspace management.

(2)

In 2016, Congress passed the FAA Extension, Safety, and Security Act of 2016, pursuant to which the FAA enhanced the cybersecurity of the national airspace system by—

(A)

developing a cybersecurity strategic plan;

(B)

coordinating with other Federal agencies to identify cyber vulnerabilities;

(C)

developing a cyber threat model; and

(D)

completing a comprehensive, strategic policy framework to identify and mitigate cybersecurity risks to the air traffic control system.

(3)

In 2018, Congress passed the FAA Reauthorization Act of 2018 which—

(A)

authorized funding for the construction of FAA facilities dedicated to improving the cybersecurity of the national airspace system;

(B)

required the FAA to review and update its comprehensive, strategic policy framework for cybersecurity to assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system, and evaluate existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system;

(C)

created a Chief Technology Officer position within the FAA to be responsible for, among other things, coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aviation industry and other Federal agencies; and

(D)

directed the National Academy of Sciences to study the cybersecurity workforce of the FAA in order to develop recommendations to increase the size, quality, and diversity of such workforce.

(4)

Congress has declared that the FAA is the primary Federal agency to assess and address the threats posed from cyber incidents relating to FAA-provided air traffic control and air navigation services and the threats posed from cyber incidents relating to civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations, and the aerospace industry affecting aviation safety or the provision of safe, secure, and efficient air navigation services and airspace management by the Administration.

SEC. 392. Aerospace Product Safety.

(a)

Cybersecurity Standards.— Section 44701(a) of title 49, United States Code, is amended—

(1)

in paragraph (1) by inserting “ cybersecurity,” after “ quality of work,”; and

(2)

in paragraph (5)—

(A)

by inserting “ cybersecurity and” after “ standards for”; and

(B)

by striking “ procedure” and inserting “ procedures”.

(b)

Exclusive Rulemaking Authority.— Section 44701 of title 49, United States Code, is amended by adding at the end the following:

“(g) Exclusive Rulemaking Authority.—Notwithstanding any other provision of law and except as provided in section 40131, 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 the cybersecurity of civil aircraft, aircraft engines, propellers, and appliances.”

SEC. 393. Federal Aviation Administration Regulations, Policy, and Guidance.

(a)

In General.— Chapter 401 of title 49, United States Code, is amended by adding at the end the following:

“§ 40131. National airspace system cyber threat management process

“(a) Establishment.—The Administrator of the Federal Aviation Administration, in consultation with the heads of other agencies as the Administrator determines necessary, shall establish a national airspace system cyber threat management process to protect the national airspace system cyber environment, including the safety, security, and efficiency of air navigation services provided by the Administration.

“(b) Issues To Be Addressed.—In establishing the national airspace system cyber threat management process under subsection (a), the Administrator shall, at a minimum—

“(1) monitor the national airspace system for significant cybersecurity incidents;

“(2) in consultation with appropriate Federal agencies, evaluate the cyber threat landscape for the national airspace system, including updating such evaluation on both annual and threat-based timelines;

“(3) conduct national airspace system cyber incident analyses;

“(4) create a cyber common operating picture for the national airspace system cyber environment;

“(5) coordinate national airspace system significant cyber incident responses with other appropriate Federal agencies;

“(6) track significant cyber incident detection, response, mitigation implementation, recovery, and closure;

“(7) establish a process, or utilize existing processes, to share relevant significant cyber incident data related to the national airspace system;

“(8) facilitate significant cybersecurity reporting, including through the Cybersecurity and Infrastructure Agency; and

“(9) consider any other matter the Administrator determines appropriate.

“(c) Definitions.—In this section:

“(1) Cyber common operating picture.—The term ‘cyber common operating picture’ means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact.

“(2) Cyber environment.—The term ‘cyber environment’ means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers.

“(3) Cyber incident.—The term ‘cyber incident’ means an action that creates noticeable degradation, disruption, or destruction to the cyber environment and causes a safety or other negative impact on operations of—

“(A) the national airspace system;

“(B) civil aircraft; or

“(C) aeronautical products and articles.

“(4) Cyber threat.—The term ‘cyber threat’ means the threat of an action that, if carried out, would constitute a cyber incident or an electronic attack.

“(5) Electronic attack.—The term ‘electronic attack’ means the use of electromagnetic spectrum energy to impede operations in the cyber environment, including through techniques such as jamming or spoofing.

“(6) Significant cyber incident.—The term ‘significant cyber incident’ means a cyber incident, or a group of related cyber incidents, that the Administrator determines is likely to result in demonstrable harm to the national airspace system of the United States.”

(b)

Clerical Amendment.— The analysis for chapter 401 of title 49, United States Code, is amended by adding at the end the following:

“40131. National airspace system cyber threat management process.”.

SEC. 394. Securing Aircraft Avionics Systems.

Section 506(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44704 note) is amended—

(1)

in the matter preceding paragraph (1) by striking “ consider, where appropriate, revising” and inserting “ revise, as appropriate, existing”;

(2)

in paragraph (1) by striking “ and” at the end;

(3)

in paragraph (2) by striking the period at the end and inserting “ ; and”; and

(4)

by adding at the end the following:

“(3) to establish a process and timeline by which software-based systems and equipment, including aircraft flight critical systems of aircraft operated under part 121 of title 14, Code of Federal Regulations, can be regularly screened to attempt to determine whether the software-based systems and equipment have been compromised by unauthorized external or internal access.”

SEC. 395. Civil Aviation Cybersecurity Rulemaking Committee.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Administrator shall convene an aviation rulemaking committee on civil aircraft cybersecurity to conduct reviews (as segmented under subsection (c)) and develop findings and recommendations on cybersecurity standards for civil aircraft, aircraft ground support information systems, airports, air traffic control mission systems, and aeronautical products and articles.

(b)

Duties.— The Administrator shall—

(1)

for each segmented review conducted by the committee convened under subsection (a), submit to the appropriate committees of Congress a report based on the findings of such review; and

(2)

not later than 180 days after the date of submission of a report under paragraph (1) and, in consultation with other agencies as the Administrator determines necessary, for consensus recommendations reached by such aviation rulemaking committee—

(A)

undertake a rulemaking, if appropriate, based on such recommendations; and

(B)

submit to the appropriate committees of Congress a supplemental report with explanations for each consensus recommendation not addressed, if applicable, by a rulemaking under subparagraph (A).

(c)

Segmentation.— In tasking the aviation rulemaking committee with developing findings and recommendations relating to aviation cybersecurity, the Administrator shall direct such committee to segment and sequence work by the topic or subject matter of regulation, including by directing the committee to establish subgroups to consider different topics and subject matters.

(d)

Composition.— The aviation rulemaking committee convened under subsection (a) shall consist of members appointed by the Administrator, including representatives of—

(1)

aircraft manufacturers, to include at least 1 manufacturer of transport category aircraft;

(2)

air carriers;

(3)

unmanned aircraft system stakeholders, including operators, service suppliers, and manufacturers of hardware components and software applications;

(4)

manufacturers of powered-lift aircraft;

(5)

airports;

(6)

original equipment manufacturers of ground and space-based aviation infrastructure;

(7)

aviation safety experts with specific knowledge of aircraft cybersecurity; and

(8)

a nonprofit which operates 1 or more federally funded research and development centers with specific knowledge of aviation and cybersecurity.

(e)

Member Eligibility.— Prior to a member’s appointment under subsection (c), the Administrator shall establish appropriate requirements related to nondisclosure, background investigations, security clearances, or other screening mechanisms for applicable members of the aviation rulemaking committee who require access to sensitive security information or other protected information relevant to the member’s duties on the rulemaking committee. Members shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.

(f)

Prohibition on Compensation.— The members of the aviation rulemaking committee convened under subsection (a) shall not receive pay, allowances, or benefits from the Government by reason of their service on such committee.

(g)

Considerations.— The Administrator may direct such committee to consider—

(1)

existing aviation cybersecurity standards, regulations, policies, and guidance, including those from other Federal agencies, and the need to harmonize or deconflict proposed and existing standards, regulations, policies, and guidance;

(2)

threat- and risk-based security approaches used by the aviation industry, including the assessment of the potential costs and benefits of cybersecurity actions;

(3)

data gathered from cybersecurity or safety reporting;

(4)

the diversity of operations and systems on aircraft and amongst air carriers;

(5)

design approval holder aircraft network security guidance for operators;

(6)

FAA services, aviation industry services, and aircraft use of positioning, navigation, and timing data in the context of Executive Order No. 13905, as in effect on the date of enactment of this Act;

(7)

updates needed to airworthiness regulations and systems safety assessment methods used to show compliance with airworthiness requirements for design, function, installation, and certification of civil aircraft, aeronautical products and articles, and aircraft networks;

(8)

updates needed to air carrier operating and maintenance regulations to ensure continued adherence with processes and procedures established in airworthiness regulations to provide cybersecurity protections for aircraft systems, including for continued airworthiness;

(9)

policies and procedures to coordinate with other Federal agencies, including intelligence agencies, and the aviation industry in sharing information and analyses related to cyber threats to civil aircraft information, data, networks, systems, services, operations, and technology and aeronautical products and articles;

(10)

the response of the Administrator and aviation industry to, and recovery from, cyber incidents, including by coordinating with other Federal agencies, including intelligence agencies;

(11)

processes for members of the aviation industry to voluntarily report to the FAA cyber incidents that may affect aviation safety in a manner that protects trade secrets and confidential business information;

(12)

appropriate cybersecurity controls for aircraft networks, aircraft systems, and aeronautical products and articles to protect aviation safety, including airworthiness;

(13)

appropriate cybersecurity controls for airports relative to the size and nature of airside operations of such airports to ensure aviation safety;

(14)

minimum standards for protecting civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations from cyber threats and cyber incidents;

(15)

international collaboration, where appropriate and consistent with the interests of aviation safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities to protect civil aviation from cyber incidents and cyber threats;

(16)

activities of the Administrator under section 506 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44704 note) (as amended by section 394); and

(17)

any other matter the Administrator determines appropriate.

(h)

Definitions.— The definitions set forth in section 40131 of title 49, United States Code (as added by this subtitle), shall apply to this section.

SEC. 396. Gao Report on Cybersecurity of Commercial Aviation Avionics.

(a)

In General.— The Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework of principles and policies developed pursuant to section 2111 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44903 note).

(b)

Contents.— In carrying out the review under subsection (a), the Comptroller General shall assess—

(1)

how onboard aircraft cybersecurity risks and vulnerabilities are defined, identified, and accounted for in the comprehensive and strategic framework described in subsection (a), including how the implementation of such framework protects and defends FAA networks and systems to mitigate risks to FAA missions and service delivery;

(2)

how onboard aircraft cybersecurity, particularly of aircraft avionics, is considered, incorporated, and prioritized for mitigation in the cybersecurity strategy, including pursuant to the framework described in paragraph (1);

(3)

how the Transportation Security Agency and FAA differentiate and manage the roles and responsibilities for the cybersecurity of aircraft and ground systems;

(4)

how cybersecurity vulnerabilities of aircraft and ground systems are considered, incorporated, and prioritized for mitigation in the cybersecurity strategy; and

(5)

the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.

(c)

Report Required.— Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report containing the results of the review required by this section to—

(1)

the appropriate committees of Congress;

(2)

the Committee on Homeland Security of the House of Representatives; and

(3)

the Committee on Homeland Security and Governmental Affairs of the Senate.