SEC. 901. Definitions.
Except as otherwise provided, the definitions contained in section 44801 of title 49, United States Code, apply to this subtitle.
Title IX — New Entrants and Aerospace Innovation
TITLE IX New Entrants and Aerospace Innovation
Subtitle A Unmanned Aircraft Systems
SEC. 902. Unmanned Aircraft in the Arctic.
in the section heading by striking “ small unmanned” and inserting “ unmanned”; and
by striking “ small” each place it appears.
Conforming Amendment.— The analysis for chapter 448 of such title is amended by striking the item relating to section 44804 and inserting the following:
“44804. Unmanned aircraft in the Arctic.”.
SEC. 903. Small Uas Safety Standards Technical Corrections.
Section 44805 of title 49, United States Code, is amended—
in the section heading by striking “ small unmanned” and inserting “ small unmanned”;
in subsection (a)(2) by striking “ operation of small” and inserting “ operation of a small”;
in subsection (f) by striking “ subsection (h)” and inserting “ subsection (f)”;
in subsection (g)(3) by striking “ subsection (h)” and inserting “ subsection (f)”;
in subsection (i)(1) by striking “ subsection (h)” and inserting “ subsection (f)”; and
by redesignating subsection (e) through (j) as subsections (c) through (h), respectively.
SEC. 904. Airport Safety and Airspace Hazard Mitigation and Enforcement.
Section 44810 of title 49, United States Code, is amended—
in subsection (c) by inserting “ , and any other location the Administrator determines appropriate” after “ Data”; and
in subsection (h) by striking “ May 10, 2024” and inserting “ September 30, 2028”.
SEC. 905. Radar Data Pilot Program.
Sensitive Radar Data Feed Pilot Program.— Not later than 270 days after the date of enactment of this Act, the Administrator, in coordination with the Secretary of Defense, and other heads of relevant Federal agencies, shall establish a pilot program to make airspace data feeds containing controlled unclassified information available to qualified users (as determined by the Administrator), consistent with subsection (b).
Authorization.— In carrying out subsection (a), the Administrator, in coordination with the Secretary of Defense and other heads of relevant Federal agencies, shall establish a process to authorize qualified users to receive airspace data feeds containing controlled unclassified information related to air traffic within the national airspace system and use such information in an agreed upon manner to—
provide and enable—
air traffic management services; and
unmanned aircraft system traffic management services; or
to test technologies that may enable or enhance the provision of the services described in paragraph (1).
Consultation.— In establishing the process described in subsection (b), the Administrator shall consult with representatives of the unmanned aircraft systems industry and related technical groups to identify an efficient, secure, and effective format and method for providing data described in this section.
Briefing.— Not later than 90 days after establishing the pilot program under subsection (a), and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the findings of the pilot program established under this section.
Sunset.— This section shall cease to be effective on October 1, 2028.
SEC. 906. Electronic Conspicuity Study.
In General.— The Comptroller General shall conduct a study of technologies and methods that may be used by operators of unmanned aircraft systems to detect and avoid manned aircraft that may lawfully operate below 500 feet above ground level and that are—
not equipped with a transponder or automatic dependent surveillance-broadcast out equipment; or
otherwise not electronically conspicuous.
Consultation.— In conducting the study required under subsection (a), the Comptroller General shall consult with—
representatives of—
unmanned aircraft systems manufacturers and operators;
general aviation operators;
agricultural aircraft operators;
helicopter operators; and
State and local governments; and
any other stakeholder the Comptroller General determines appropriate.
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 describing the results of such study.
SEC. 907. Remote Identification Alternative Means of Compliance.
Evaluation.— The Administrator shall review and evaluate the final rule of the FAA titled “Remote Identification of Unmanned Aircraft”, issued on January 15, 2021 (86 Fed. Reg. 4390), to determine whether unmanned aircraft manufacturers and operators can meet the intent of such final rule through alternative means of compliance, including through network–based remote identification.
Report.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the evaluation under subsection (a).
SEC. 908. Part 107 Waiver Improvements.
In General.— The Administrator shall adopt a performance- and risk-based approach in reviewing requests for certificates of waiver under section 107.200 of title 14, Code of Federal Regulations.
Standardization of Waiver Application.—
In general.— In carrying out subsection (a), the Administrator shall improve the process to submit requests for certificates of waiver described in subsection (a).
Format.— In carrying out paragraph (1), the Administrator may not require the use of open-ended descriptive prompts that are required to be filled out by an applicant, except to provide applicants the ability to provide the FAA with information for an unusual or irregular operation.
Data.—
In general.— In carrying out paragraph (1), the Administrator shall leverage data gathered from previous requests for certificates of waivers.
Considerations.— In carrying out subparagraph (A), the Administrator shall safely use—
big data analytics; and
machine learning.
Consideration of Property Access.—
In general.— In determining whether to issue a certificate of waiver under section 107.200 of title 14, Code of Federal Regulations, the Administrator shall—
consider whether the waiver applicant has control over access to all real property on the ground within the area of operation; and
recognize and account for the safety enhancements of such controlled access.
Rule of construction.— Nothing in this subsection shall be construed to influence the extent to which the Administrator considers a lack of control over access to all real property on the ground within an area of operation as affecting the safety of an operation intended to be conducted under such certificate of waiver.
Public Availability of Waivers.—
In general.— The Administrator shall publish all certificates of waiver issued under section 107.200 of title 14, Code of Federal Regulations, on the website of the FAA, including, with respect to each issued certificate of waiver—
the terms, conditions, and limitations; and
the class of airspace and any restrictions related to operating near airports or heliports.
Publication.— In carrying out paragraph (1), the Administrator shall ensure that published information is made available in a manner that prevents inappropriate disclosure of proprietary information.
Precedential Use of Previously Approved Waivers.—
Waiver approval precedent.— If the Administrator determines, using criteria for a particular waiver, that an application for a certificate of waiver issued under section 107.200 of title 14, Code of Federal Regulations, is substantially similar (or is comprised of elements that are substantially similar) to an application for a certificate of waiver that the Administrator has previously approved, the Administrator may streamline, as appropriate, the approval of applications for such a particular waiver.
Rule of construction.— Nothing in paragraph (1) shall be construed to preclude an applicant for a certificate of waiver from applying to modify a condition or remove a limitation of such certificate.
Modification of Waivers.—
In general.— The Administrator shall establish an expedited review process for a request to modify or renew certificates of waiver previously issued under section 107.200 of title 14, Code of Federal Regulations, as appropriate.
Use of review process.— The review process established under paragraph (1) shall be used to modify or renew certificates of waiver that cover operations that are substantially similar in all material facts to operations covered under a previously issued certificate of waiver.
SEC. 909. Environmental Review and Noise Certification.
National Environmental Policy Act Guidance.— Not later than 180 days after the date of enactment of this Act, the Administrator shall publish unmanned aircraft system-specific environmental review guidance and implementation procedures and, thereafter, revise such guidance and procedures as appropriate to carry out the requirements of this section.
Prioritization.— The guidance and procedures established by the Administrator under subsection (a) shall include processes that allow for the prioritization of project applications and activities that—
offset or limit the impacts of non-zero emission activities;
offset or limit the release of environmental pollutants to soil or water; or
demonstrate other factors that benefit human safety or the environment, as determined by the Administrator.
Programmatic Level Approach to NEPA Review.— Not later than 180 days after the date of enactment of this Act, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by which the Administrator can—
leverage an environmental review for unmanned aircraft operations within a defined geographic region, including within and over commercial sites, industrial sites, or other sites closed or restricted to the public; and
leverage an environmental assessment or environmental impact statement for nationwide programmatic approaches for large scale distributed unmanned aircraft operations.
Developing 1 or More Categorical Exclusions.—
In general.— The Administrator shall engage in periodic consultations with the Council on Environmental Quality to identify actions that are appropriate for a new categorical exclusion and shall incorporate such actions in FAA Order 1050.1F (or successor order) as considered appropriate by the Administrator to more easily allow for safe commercial operations of unmanned aircraft.
Prior operations.— The Administrator shall review existing categorical exclusions for applicability to unmanned aircraft operations in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.
Briefing.— Not later than 90 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the plan of the Administrator to implement subsection (a).
Nonapplication of Noise Certification Requirements Pending Standards Development.—
In general.— Notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall—
waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for an applicant seeking unmanned aircraft type and airworthiness certifications; and
not deny, withhold, or delay such certifications due to the absence of a noise certification basis under such part, if the Administrator has developed appropriate noise measurement procedures for unmanned aircraft and the Administrator has received from the applicant the noise measurement results based on such procedures.
Duration.— The nonapplication of the noise certification requirements under paragraph (1) shall continue until the Administrator finalizes the noise certification requirements for unmanned aircraft in part 36 of title 14, Code of Federal Regulations, or another part of title 14 of such Code, as required under paragraph (3).
Associated uas certification standards.—
Development of criteria.— Not later than 18 months after the date of enactment of this Act, the Administrator shall develop and establish substantive criteria and standard metrics to determine whether to approve an unmanned aircraft pursuant to part 36 of title 14, Code of Federal Regulations.
Substantive criteria and standard metrics.— In establishing the substantive criteria and standard metrics under subparagraph (A), the Administrator shall include criteria and metrics related to the noise impacts of an unmanned aircraft.
Publication.— The Administrator shall publish in the Federal Register and post on the website of the FAA the criteria and metrics established under subparagraph (A).
Concurrent Reviews.— If the Administrator determines that the design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval of an unmanned aircraft require environmental assessments, including under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall, to the maximum extent practicable, conduct such reviews and analyses concurrently.
Third-party Support.— In implementing subsection (a), the Administrator shall allow for the engagement of approved specialized third parties, as appropriate, to support an applicant’s preparation of, or the Administration’s preparation and review of, documentation relating to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to ensure streamlined timelines for complex reviews.
Rule of Construction.— Nothing in this section shall be construed as prohibiting, restricting, or otherwise limiting the authority of the Administrator from implementing or complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any related requirements to ensure the protection of the environment and aviation safety.
SEC. 910. Unmanned Aircraft System Use in Wildfire Response.
Unmanned Aircraft Systems in Wildfire Response.—
In general.— Not later than 18 months after the date of enactment of this Act, the Administrator, in coordination with the Chief of the Forest Service, the Administrator of the National Aeronautics and Space Administration, and any other Federal entity (or a contracted unmanned aircraft system operator of a Federal entity) the Administrator considers appropriate, shall develop a plan for the use of unmanned aircraft systems by public entities in wildfire response efforts, including wildfire detection, mitigation, and suppression.
Plan contents.— The plan developed under paragraph (1) shall include recommendations to—
identify and designate areas of public land with high potential for wildfires in which public entities may conduct unmanned aircraft system operations beyond visual line of sight as part of wildfire response efforts, including wildfire detection, mitigation, and suppression;
develop a process to facilitate the safe and efficient operation of unmanned aircraft systems beyond the visual line of sight in wildfire response efforts in areas designated under subparagraph (A), including a waiver process under section 91.113 or section 107.31 of title 14, Code of Federal Regulations, for public entities that use unmanned aircraft systems for aerial wildfire detection, mitigation, and suppression; and
improve coordination between the relevant Federal agencies and public entities on the use of unmanned aircraft systems in wildfire response efforts.
Plan submission.— Upon completion of the plan under paragraph (1), the Administrator shall submit such plan to, and provide a briefing for, the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives.
Publication.— Upon submission of the plan under paragraph (1), the Administrator shall publish such plan on a publicly available website of the FAA.
Applicability.— The plan developed under this section shall cover only unmanned aircraft systems that are—
operated by, or on behalf of, a public entity;
operated in airspace covered by a wildfire-related temporary flight restriction under section 91.137 of title 14, Code of Federal Regulations; and
under the operational control of, or otherwise are being operationally coordinated by, an authorized aviation coordinator responsible for coordinating disaster response aircraft within the airspace covered by such temporary flight restriction.
Interagency Coordination.— Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into the necessary agreements to provide a liaison of the Administration to the National Interagency Fire Center to facilitate the implementation of the plan developed under this section and the use of manned and unmanned aircraft in wildfire response efforts, including wildfire detection, mitigation, and suppression.
Savings Clause.— Nothing in this section shall be construed to confer upon the Administrator the authorities of the Administrator of the Federal Emergency Management Agency under section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196).
Definitions.— In this section:
Public entity.— The term “public entity” means—
a Federal agency;
a State government;
a local government;
a Tribal Government; and
a territorial government.
Public land.— The term “public land” has the meaning given such term in section 205 of the Sikes Act (16 U.S.C. 670k).
Wildfire.— The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).
SEC. 911. Pilot Program for Uas Inspections of Faa Infrastructure.
In General.— Not later than 180 days after the date of enactment of this Act, the Secretary shall initiate a pilot program to supplement inspection and oversight activities of the Department of Transportation with unmanned aircraft systems to increase employee safety, enhance data collection, increase the accuracy of inspections, reduce costs, and for other purposes the Secretary considers to be appropriate.
Ground-based Aviation Infrastructure.— In participating in the program under subsection (a), the Administrator shall evaluate the use of unmanned aircraft systems to inspect ground-based aviation infrastructure that may require visual inspection in hard-to-reach areas, including—
navigational aids;
air traffic control towers;
radar facilities;
communication facilities; and
other air traffic control facilities.
Coordination.— In carrying out subsection (b), the Administrator shall consult with the labor union certified under section 7111 of title 5, United States Code, to represent personnel responsible for the inspection of the ground-based aviation infrastructure.
Briefing.— Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program under this section, the Secretary shall provide to the appropriate committees of Congress a briefing on the status and results of the pilot program established under subsection (a), including—
cost savings;
a description of how unmanned aircraft systems were used to supplement existing inspection, data collection, or oversight activities of Department employees, including the number of operations and types of activities performed;
efficiency or safety improvements, if any, associated with the use of unmanned aircraft systems to supplement conventional inspection, data collection, or oversight activities;
the fleet of unmanned aircraft systems maintained by the Department for the program, or an overview of the services used as part of the pilot program; and
recommendations for improving the use or efficacy of unmanned aircraft systems to supplement the Department’s inspection, data collection, or oversight activities.
Sunset and Incorporation Into Standard Practice.—
Sunset.— The pilot program established under subsection (a) and the briefing requirement under subsection (d) shall terminate on the date that is 4 years after the date of enactment of this Act.
Incorporation into standard practice.— Upon termination of the pilot program under this section, the Secretary shall assess the results and determine whether to permanently incorporate the use of unmanned aircraft systems into the regular inspection, data collection, and oversight activities of the Department.
Report to congress.— Not later than 9 months after the termination of the pilot program under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the final results of the pilot program and the actions taken by the Administrator under paragraph (2).
SEC. 912. Drone Infrastructure Inspection Grant Program.
Authority.— Not later than 270 days after the date of enactment of this Act, the Secretary shall establish an unmanned aircraft system infrastructure inspection grant program to provide grants to governmental entities to facilitate the use of small unmanned aircraft systems to support more efficient inspection, operation, construction, maintenance, and repair of an element of critical infrastructure to improve worker safety related to projects.
Use of Grant Amounts.— A governmental entity may use a grant provided under this section to—
purchase or lease small unmanned aircraft systems;
support the operational capabilities of small unmanned aircraft systems used by the governmental entity;
contract for services performed using a small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under subsection (a); and
support the program management capability of the governmental entity to use or contract the use of a small unmanned aircraft system, as described in paragraph (3).
Application.— To be eligible to receive a grant under this section, a governmental entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or any contractor of the governmental entity, will comply with relevant Federal regulations.
Selection of Applicants.— In selecting an application for a grant under this section, the Secretary shall prioritize applications that propose to—
carry out a project in a variety of communities, including urban, suburban, rural, Tribal, or any other type of community; and
address a safety risk in the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure.
Rule of Construction.— Nothing in this section shall be construed to interfere with an agreement between a governmental entity and a labor union, including the requirements of section 5333(b) of title 49, United States Code.
Report to Congress.— Not later than 2 years after the first grant is provided under this section, the Secretary shall submit to the appropriate committees of Congress a report that evaluates the program carried out under this section that includes—
a description of the number of grants provided under this section;
the amount of each grant provided under this section;
the activities carried out with a grant provided under this section; and
the effectiveness of such activities in meeting the objectives described in subsection (a).
Funding.—
Federal share.—
In general.— Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant provided under this section shall not exceed 50 percent of the total project cost.
Waiver.— The Secretary may increase the Federal share under subparagraph (A) to up to 75 percent for a project carried out using a grant provided under this section by a governmental entity if such entity—
submits a written application to the Secretary requesting an increase in the Federal share; and
demonstrates that the additional assistance is necessary to facilitate the acceptance and full use of a grant under this section, such as alleviating economic hardship, meeting additional workforce needs, or any other uses that the Secretary determines to be appropriate.
Authorization of appropriations.— Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the following amounts are authorized to carry out this section:
$12,000,000 for fiscal year 2025.
$12,000,000 for fiscal year 2026.
$12,000,000 for fiscal year 2027.
$12,000,000 for fiscal year 2028.
Definitions.— In this section:
Critical infrastructure.— The term “critical infrastructure” has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).
Element of critical infrastructure.— The term “element of critical infrastructure” means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as determined by the Secretary.
Governmental entity.— The term “governmental entity” means—
a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof;
a unit of local government;
a Tribal government;
a metropolitan planning organization; or
a consortia of more than 1 of the entities described in subparagraphs (A) through (D).
Project.— The term “project” means a project for the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure.
SEC. 913. Drone Education and Workforce Training Grant Program.
Authority.— Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a drone education and training grant program to make grants to educational institutions for workforce training for small unmanned aircraft systems.
Use of Grant Amounts.— Amounts from a grant under this section shall be used in furtherance of activities authorized under section 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
Eligibility.— To be eligible to receive a grant under this section, an educational institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.
Authorization of Appropriations.— Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the Secretary shall make available to carry out this section $5,000,000 for each of fiscal years 2025 through 2028.
Educational Institution Defined.— In this section, the term “educational institution” means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
SEC. 914. Drone Workforce Training Program Study.
In General.— Not later than 3 years after the date of enactment of this Act, the Comptroller General shall initiate a study of the effectiveness of the Unmanned Aircraft Systems Collegiate Training Initiative established under section 632 of the FAA Reauthorization Act 2018 (49 U.S.C. 40101 note).
Report.— Upon completion of the study under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report describing—
the findings of such study; and
any recommendations to improve the Unmanned Aircraft Systems Collegiate Training Initiative.
SEC. 915. Termination of Advanced Aviation Advisory Committee.
The Secretary may not renew the charter of the Advanced Aviation Advisory Committee (chartered by the Secretary on June 10, 2022).
SEC. 916. Unmanned and Autonomous Flight Advisory Committee.
In General.— Not later than 1 year after the termination of the Advanced Aviation Advisory Committee pursuant to section 915, the Administrator shall establish an Unmanned and Autonomous Flight Advisory Committee (in this section referred to as the “Advisory Committee”).
Duties.— The Advisory Committee shall provide the Administrator advice on policy- and technical-level issues related to unmanned and autonomous aviation operations and activities, including, at a minimum, the following:
The safe integration of unmanned aircraft systems and autonomous flight operations into the national airspace system, including feedback on—
the certification and operational standards of highly automated aircraft, unmanned aircraft, and associated elements of such aircraft;
coordination of procedures for operations in controlled and uncontrolled airspace; and
communication protocols.
The use cases of unmanned aircraft systems, including evaluating and assessing the potential benefits of using unmanned aircraft systems.
The development of processes and methodologies to address safety concerns related to the operation of unmanned aircraft systems, including risk assessments and mitigation strategies.
Unmanned aircraft system training, education, and workforce development programs, including evaluating aeronautical knowledge gaps in the unmanned aircraft system workforce, assessing the workforce needs of unmanned aircraft system operations, and establishing a strong pipeline to ensure a robust unmanned aircraft system workforce.
The analysis of unmanned aircraft system data and trends.
Unmanned aircraft system infrastructure, including the use of existing aviation infrastructure and the development of necessary infrastructure.
Membership.—
In general.— The Advisory Committee shall be composed of not more than 12 members.
Representatives.— The Advisory Committee shall include at least 1 representative of each of the following:
Commercial operators of unmanned aircraft systems.
Unmanned aircraft system manufacturers.
Counter-UAS manufacturers.
FAA-approved unmanned aircraft system service suppliers.
Unmanned aircraft system test ranges under section 44803 of title 49, United States Code.
An unmanned aircraft system physical infrastructure network provider.
Community advocates.
Certified labor organizations representing commercial airline pilots, air traffic control specialists employed by the Administration, certified aircraft maintenance technicians, certified aircraft dispatchers, or aviation safety inspectors.
Academia or a relevant research organization.
Observers.— The Administrator may invite appropriate representatives of other Federal agencies to observe or provide input on the work of the Advisory Committee, but shall not allow such representatives to participate in any decision-making of the Advisory Committee.
Reporting.—
In general.— The Advisory Committee shall submit to the Administrator an annual report of the activities, findings, and recommendations of the Committee.
Congressional reporting.— The Administrator shall submit to the appropriate committees of Congress the reports required under paragraph (1).
Prohibition.— The Administrator may not task the Advisory Committee established under this section with a review or the development of recommendations relating to operations conducted under part 121 of title 14, Code of Federal Regulations.
SEC. 917. Nextgen Advisory Committee Membership Expansion.
In General.— Not later than 90 days after the date of enactment of this Act, the Secretary shall take such actions as may be necessary to expand the membership of the NextGen Advisory Committee (chartered by the Secretary on June 15, 2022) to include 1 representative from the unmanned aircraft system industry and 1 representative from the powered-lift industry.
Qualifications.— The representatives required under subsection (a) shall have the following qualifications, as applicable:
Demonstrated expertise in the design, manufacturing, or operation of unmanned aircraft systems and powered-lift aircraft.
Demonstrated experience in the development or implementation of unmanned aircraft system and powered-lift aircraft policies and procedures.
Demonstrated commitment to advancing the safe integration of unmanned aircraft systems and powered-lift aircraft into the national airspace system.
SEC. 918. Interagency Coordination.
Sense of Congress.— It is the sense of Congress that—
the purpose of the joint Department of Defense-Federal Aviation Administration executive committee (in this section referred to as the “Executive Committee”) on conflict and dispute resolution as described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) is to resolve disputes on the matters of policy and procedures between the Department of Defense and the Federal Aviation Administration relating to airspace, aircraft certifications, aircrew training, and other issues, including the access of unmanned aerial systems of the Department of Defense to the national airspace system;
by mutual agreement of Executive Committee leadership, operating with the best of intentions, the current scope of activities and membership of the Executive Committee has exceeded the original intent of, and tasking to, the Executive Committee; and
the expansion described in paragraph (2) has resulted in an imbalance in the oversight of certain Federal entities in matters concerning civil aviation safety and security.
Charter.—
Charter revision.— Not later than 45 days after the date of enactment of this Act, the Administrator shall seek to revise the charter of the Executive Committee to reflect the scope, objectives, membership, and activities described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) in order to achieve the increasing, and ultimately routine, access of unmanned aircraft systems of the Department of Defense into the national airspace system.
Sunset.— Not earlier than 2 years after the date of enactment of this Act, the Administrator shall seek to sunset the activities of the Executive Committee by joint agreement of the Administrator and the Secretary of Defense.
SEC. 919. Review of Regulations to Enable Unescorted Uas Operations.
In General.— Not later than 2 years after the date of enactment of this Act, the Administrator shall, in coordination with the Secretary of Defense, conduct a review of the requirements necessary to permit unmanned aircraft systems (excluding small unmanned aircraft systems) operated by a Federal agency or armed forces (as such term is defined in section 101 of title 10, United States Code) to be operated in the national airspace system, including outside of restricted airspace, without being escorted by a manned aircraft.
Report.— Not later than 2 years after the completion of the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on the results of the review, including any recommended regulatory and statutory changes to enable the operations described under subsection (a).
SEC. 920. Extension of Beyond Program.
FAA BEYOND Program Extension.— The Administrator shall extend the BEYOND program of the FAA as in effect on the day before the date of enactment of this Act (in this section referred to as the “Program”) and the existing agreements with State, local, and Tribal governments entered into under the Program until the date on which the Administrator determines the Program is no longer necessary or useful.
FAA BEYOND Program Expansion.—
In general.— The Administrator shall consider expanding the Program to include additional State, local, and Tribal governments to test and evaluate the use of new and emerging aviation concepts and technologies to evaluate and inform FAA policies, rulemaking, and guidance related to the safe integration of such concepts and technologies into the national airspace system.
Scope.— If the Administrator determines the Program should be expanded, the Administrator shall address additional factors in the Program, including—
increasing automation in civil aircraft, including unmanned aircraft systems and new or emerging aviation technologies;
operations of such systems and technologies, including beyond visual line of sight; and
the societal and economic impacts of such operations.
Additional waiver authority.— In carrying out an expansion of the Program, the Administrator may waive the requirements of section 44711 of title 49, United States Code, including related regulations, under any BEYOND program agreement to the extent consistent with aviation safety.
SEC. 921. Uas Integration Strategy.
In General.— The Administrator shall implement the recommendations made by—
the Comptroller General to the Secretary contained in the report of the Government Accountability Office titled “Drones: FAA Should Improve Its Approach to Integrating Drones into the National Airspace System”, issued in January 2023 (GAO–23–105189); and
the inspector general of the Department of Transportation to the Administrator contained in the audit report of the inspector general titled “FAA Made Progress Through Its UAS Integration Pilot Program, but FAA and Industry Challenges Remain To Achieve Full UAS Integration”, issued in April 2022 (Project ID: AV2022027).
Briefing.— Not later than 12 months after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall provide a briefing to the appropriate committees of Congress that—
provides a status update on the—
implementation of the recommendations described in subsection (a);
implementation of statutory provisions related to unmanned aircraft system integration under subtitle B of title III of division B of the FAA Reauthorization Act of 2018 (Public Law 115–254); and
actions taken by the Administrator to implement recommendations related to safe integration of unmanned aircraft systems into the national airspace system included in aviation rulemaking committee reports published after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254);
provides a description of steps taken to achieve the safe integration of such systems into the national airspace system, including milestones and performance metrics to track results;
provides the costs of executing the integration described in paragraph (2), including any estimates of future Federal resources or investments required to complete such integration; and
identifies any regulatory or policy changes required to execute the integration described in paragraph (2).
SEC. 922. Extension of Know Before You Fly Campaign.
Section 356 of the FAA Reauthorization Act of 2018 (Public Law 115–254) is amended by striking “ 2019 through 2023” and inserting “ 2024 through 2028”.
SEC. 923. Public Aircraft Definition.
Section 40125(a)(2) of title 49, United States Code, is amended—
by striking “ research, or” and inserting “ research,”; and
by inserting “ (including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental” after “ biological or geological resource management”.
SEC. 924. Faa Comprehensive Plan on Uas Automation.
Comprehensive Plan.— The Administrator shall establish a comprehensive plan for the integration of autonomous unmanned aircraft systems into the national airspace system.
Comprehensive Plan Contents.— In establishing the comprehensive plan under subsection (a), the Administrator shall—
identify FAA processes and regulations that need to change to accommodate the increasingly automated role of a remote operator of an unmanned aircraft system; and
identify how the Administrator intends to authorize operations ranging from low risk automated operations to increasingly complex automated operations of such systems.
Coordination.— In establishing the comprehensive plan under subsection (a), the Administrator shall consult with—
the National Aeronautics and Space Administration;
the Department of Defense;
manufacturers of autonomous unmanned aircraft systems;
operators of autonomous unmanned aircraft systems; and
other stakeholders with knowledge of automation in aviation, the human-computer interface, and aviation safety, as determined appropriate by the Administrator.
Submission.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress, the subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate and the subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives the plan established under subsection (a).
SEC. 925. Uas Test Ranges.
In General.— Chapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following:
Ҥ 44803. Unmanned aircraft system test ranges
“(a) Test Ranges.—
“(1) In general.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system (in this section referred to as UAS) test ranges to—
“(A) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and
“(B) the extent consistent with aviation safety and efficiency, support the safe integration of unmanned aircraft systems into the national airspace system.
“(2) Designations.—
“(A) Existing test ranges.—Test ranges designated under this section shall include the 7 test ranges established under the following:
“(i) Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254).
“(ii) Any other test ranges designated pursuant to the amendment made by section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act.
“(B) New test ranges.—If the Administrator finds that it is in the best interest of enabling safe UAS integration into the national airspace system, the Administrator may select and designate as a test range under this section up to 2 additional test ranges in accordance with the requirements of this section through a competitive selection process.
“(C) Limitation.—Not more than 9 test ranges designated under this section shall be part of the program established under this section at any given time.
“(3) Eligibility.—Test ranges selected by the Administrator pursuant to (2)(B) shall—
“(A) be an instrumentality of a State, local, Tribal, or territorial government or other public entity;
“(B) be approved by the chief executive officer of the State, local, territorial, or Tribal government for the principal place of business of the applicant, prior to seeking designation by the Administrator;
“(C) undertake and ensure testing and evaluation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and
“(D) meet any other requirements established by the Administrator.
“(b) Airspace Requirements.—
“(1) In general.—In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, special use airspace, or other similar type of airspace pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of—
“(A) accommodating hazardous development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or
“(B) other activities authorized by the Administrator pursuant to subsection (f).
“(2) NEPA review.—The Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision of and adoption by the Administrator, with respect to any request for the establishment of a restricted area, special use airspace, or other similar type of airspace under this subsection.
“(3) Inactive restricted area or special use airspace.—
“(A) In general.—In the event a restricted area, special use airspace, or other similar type of airspace established under paragraph (1) is not needed to meet the needs of the using agency (as described in subparagraph (B)), any related airspace restrictions, limitations, or designations shall be inactive.
“(B) Using agency.—For purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection.
“(4) Approval authority.—The Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area, special use airspace, or other similar type of airspace established by the Administrator under this subsection.
“(c) Program Requirements.—In carrying out the program under subsection (a), the Administrator—
“(1) may develop operational standards and air traffic requirements for flight operations at test ranges;
“(2) shall coordinate with, and leverage the resources of, the Administrator of the National Aeronautics and Space Administration and other relevant Federal agencies, as determined appropriate by the Administrator;
“(3) shall address both civil and public aircraft operations;
“(4) shall provide for verification of the safety of flight systems and related navigation procedures as such systems and procedures relate to the continued development of regulations and standards for integration of unmanned aircraft systems into the national airspace system;
“(5) shall engage test range sponsors, as necessary and with available resources, in projects for development, testing, and evaluation of flight systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, to facilitate the development of regulations and the validation of standards by the Administrator for the safe integration of unmanned aircraft systems into the national airspace system, which may include activities related to—
“(A) developing and enforcing geographic and altitude limitations;
“(B) providing for alerts regarding any hazards or limitations on flight, including prohibition on flight, as necessary;
“(C) developing or validating sense and avoid capabilities;
“(D) developing or validating technology to support communications, navigation, and surveillance;
“(E) testing or validating operational concepts and technologies related to beyond visual line of sight operations, autonomous operations, nighttime operations, operations over people, operations involving multiple unmanned aircraft systems by a single pilot or operator, and unmanned aircraft systems traffic management capabilities or services;
“(F) improving privacy protections through the use of advances in unmanned aircraft systems;
“(G) conducting counter-UAS testing capabilities, with the approval of the Administrator; and
“(H) other relevant topics for which development, testing or evaluation are needed;
“(6) shall develop data sharing and collection requirements for test ranges to support the unmanned aircraft systems integration efforts of the Administration and coordinate periodically with all test range sponsors to ensure the test range sponsors know—
“(A) what data should be collected;
“(B) how data can be de-identified to flow more readily to the Administration;
“(C) what procedures should be followed; and
“(D) what development, testing, and evaluation would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
“(7) shall allow test range sponsors to receive Federal funding, including in-kind contributions, other than from the Federal Aviation Administration, in furtherance of research, development, testing, and evaluation objectives; and
“(8) shall use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems.
“(d) Exemption.—Except as provided in subsection (f), the requirements of section 44711, including any related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section.
“(e) Responsibilities of Test Range Sponsors.—The sponsor of each test range designated by the Administrator under subsection (a) shall—
“(1) provide access to all interested private and public entities seeking to carry out research, development, testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632));
“(2) ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area, special use airspace, or other similar type of airspace covering the test range;
“(3) ensure no activity is conducted at the designated test range in a careless or reckless manner;
“(4) establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator;
“(5) exercise direct oversight of all operations conducted at the test range;
“(6) consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation of the airspace is required to contain such activities consistent with aviation safety;
“(7) protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range;
“(8) maintain detailed records of all ongoing and completed activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor;
“(9) make all original records available for inspection upon request by the Administrator; and
“(10) provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private development, testing, and evaluation activities at the test ranges to contribute to the safe integration of unmanned aircraft systems into the national airspace system.
“(f) Testing.—
“(1) In general.—The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, other than activities directly related to the integration of unmanned aircraft systems into the national airspace system, so long as the activity is necessary to inform the development of regulations, standards, or policy for integrating new types of flight systems into the national airspace system.
“(2) Waiver.—In carrying out this section, the Administrator may waive the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety.
“(g) Collaborative Research and Development Agreements.—The Administrator may use the transaction authority under section 106(l)(6), including in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research, development, testing, and evaluation related to unmanned aircraft systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, at any test range designated under subsection (a).
“(h) Authorization of Appropriations.—
“(1) Establishment.—Out of amounts authorized to be appropriated under section 106(k), $6,000,000 for each of fiscal years 2025 through 2028, shall be available to the Administrator for the purposes of—
“(A) providing matching funds to commercial entities that contract with a UAS test range to demonstrate or validate technologies that the FAA considers essential to the safe integration of UAS into the national airspace system; and
“(B) supporting or performing such demonstration and validation activities described in subparagraph (A) at a test range designated under the section.
“(2) Disbursement.—Funding provided under this subsection shall be divided evenly among all UAS test ranges designated under this section, for the purpose of providing matching funds to commercial entities described in paragraph (1) and available until expended.
“(i) Termination.—The program under this section shall terminate on September 30, 2028.”
Conforming Amendments.—
Conforming amendment.— Section 44801(10) of title 49, United States Code, is amended by striking “ any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009” and inserting “ the test ranges designated by the Administrator under section 44803”.
Clerical amendment.— The analysis for chapter 448 of title 49, United States Code, is amended by striking the item relating to section 44803 and inserting the following:
“44803. Unmanned aircraft system test ranges.”.
Sense of Congress.— It is the sense of Congress that the test ranges designated under section 44803 of title 49, United States Code, shall—
provide fair and accessible services to a broad variety of unmanned aircraft technology developers, to the extent practicable;
operate in the best interest of domestic technology developers in terms of intellectual property and proprietary data protections; and
comply with data sharing and collection requirements prescribed by the FAA.
SEC. 926. Public Safety Use of Tethered Uas.
in the section heading by inserting “ and public safety use of tethered unmanned aircraft systems” after “ systems”;
in subsection (c)—
in the subsection heading by inserting “ safety use of” after “ public”; and
in paragraph (1)—
in the matter preceding subparagraph (A)—
by striking “ Not later than 180 days after the date of enactment of this Act, the” and inserting “ The”;
by striking “ permit the use of” and inserting “ permit”;
by striking “ public”; and
by inserting “ by a public safety organization for such systems” after “ systems”;
by striking subparagraph (A) and inserting the following:
“(A) operated—
“(i) at or below an altitude of 150 feet above ground level within class B, C, D, E, or G airspace, but not at a greater altitude than the ceiling depicted on the UAS Facility Maps published by the Federal Aviation Administration, where applicable;
“(ii) within zero-grid airspaces as depicted on such UAS Facility Maps, only if operated in life-saving or emergency situations and with prior notification to the Administration in a manner determined by the Administrator; or
“(iii) above 150 feet above ground level within class B, C, D, E, or G airspace only with prior authorization from the Administrator;”
by striking subparagraph (B); and
by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; and
in paragraph (3) by striking “ Public actively” and inserting “ Actively”; and
by adding at the end the following:
“(e) Definition.—In this section, the term ‘public safety organization’ means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.”
Clerical Amendment.— The analysis for chapter 448 of title 49, United States Code, is amended by striking the item relating to section 44806 and inserting the following:
“44806. Public unmanned aircraft systems and public safety use of tethered unmanned aircraft systems.”.
by striking subparagraph (A) and inserting:
“(A) weighs 55 pounds or less, including payload but not including the tether;”
in subparagraph (B) by striking “ and” at the end;
in subparagraph (C) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and
“(E) is programmed to initiate a controlled landing in the event of a tether separation.”
SEC. 927. Extending Special Authority for Certain Unmanned Aircraft Systems.
Extension.— Section 44807(d) of title 49, United States Code, is amended by striking “ May 10, 2024” and inserting “ September 30, 2033”.
in subsection (a)—
by inserting “ or chapter 447” after “ Notwithstanding any other requirement of this chapter”;
by striking “ the Secretary of Transportation” and inserting “ the Administrator of the Federal Aviation Administration”; and
by striking “ if certain” and inserting “ how”;
in subsection (b)—
by striking “ Secretary” and inserting “ Administrator”; and
by striking “ which types of” and inserting “ how such”.
by striking subsection (c) and inserting the following:
“(c) Requirements for Safe Operation.—
“(1) In general.—In carrying out this section, the Administrator shall establish requirements, or a process to accept proposed requirements, for the safe and efficient operation of unmanned aircraft systems in the national airspace system, including operations related to testing and evaluation of proprietary systems.
“(2) Expedited exemptions and approvals.—The Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system, issue approvals—
“(A) to enable low-risk beyond visual line of sight operations, including, at a minimum, package delivery operations, extended visual line of sight operations, or shielded operations within 100 feet of the ground or a structure; or
“(B) that are aligned with Administration exemptions or approvals that enable beyond visual line of sight operations with the use of acoustics, ground based radar, automatic dependent surveillance–broadcast, and other technological solutions.
“(3) Treatment of mitigation measures.—To the extent that an operation under this section will be conducted exclusively within the airspace of a Mode C Veil, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, if the operation employs—
“(A) automatic dependent surveillance–broadcast in-based detect and avoid capabilities;
“(B) air traffic control communication and coordination;
“(C) aeronautical information management systems acceptable to the Administrator, such as notices to air missions, to notify other airspace users of such operations; or
“(D) any other risk mitigations as set by the Administrator.
“(4) Rule of construction.—Nothing in this subsection shall be construed to—
“(A) provide an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft; or
“(B) limit the authority of the Administrator to impose requirements, conditions, or limitations on operations conducted under this section in order to address safety concerns.”
; and
by adding at the end the following:
“(e) Authority.—The Administrator may exercise the authorities described in this section, including waiving applicable parts of title 14, Code of Federal Regulations, without initiating a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety.”
Clarification of Status of Previously Issued Rulemakings and Exemptions.—
Rulemakings.— Any rule issued pursuant to section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority.
Exemptions.— Any exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of the expiration of such authority, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption, provided the Administrator does not determine there is a safety risk.
Rules of construction.— Nothing in this section shall be construed to interfere with the Administrator’s—
authority to rescind or amend an exemption for reasons such as unsafe conditions or operator oversight; or
ability to grant an exemption based on a determination made pursuant to section 44807 of title 49, United States Code, prior to the date described in subsection (d) of such section.
SEC. 928. Recreational Operations of Drone Systems.
Specified Exception for Limited Recreational Operations of Unmanned Aircraft.— Section 44809 of title 49, United States Code, is amended—
in subsection (a) by striking paragraph (6) and inserting the following:
“(6) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in section (c), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions.”
by striking subsection (c) and inserting the following:
“(c) Operations at Fixed Sites.—
“(1) In general.—The Administrator shall establish a process to approve, and publicly disseminate the location of, fixed sites at which a person may carry out recreational unmanned aircraft system operations.
“(2) Operating procedures.—
“(A) Controlled airspace.—Persons operating unmanned aircraft under paragraph (1) from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization sponsoring operations within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.
“(B) Altitude.—The Administrator, in coordination with community-based organizations sponsoring operations at fixed sites, shall develop a process to approve requests for recreational unmanned aircraft systems operations at fixed sites that exceed the maximum altitude contained in a UAS Facility Map published by the Federal Aviation Administration.
“(C) Uncontrolled airspace.—Subject to compliance with all airspace and flight restrictions and prohibitions established under this subtitle, including special use airspace designations and temporary flight restrictions, persons operating unmanned aircraft systems from a fixed site designated under the process described in paragraph (1) may operate within Class G airspace—
“(i) up to 400 feet above ground level, without prior authorization from the Administrator; and
“(ii) above 400 feet above ground level, with prior authorization from the Administrator.
“(3) Unmanned aircraft weighing 55 pounds or greater.—A person may operate an unmanned aircraft weighing 55 pounds or greater, including the weight of anything attached to or carried by the aircraft, if—
“(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and
“(B) the aircraft is operated from a fixed site as described in paragraph (1).
“(4) FAA-recognized identification areas.—In implementing subpart C of part 89 of title 14, Code of Federal Regulations, the Administrator shall prioritize the review and adjudication of requests to establish FAA Recognized Identification Areas at fixed sites established under this section.”
in subsection (d)—
in paragraph (3) by striking “ subsection (a) of”; and
by striking the subsection designation and heading and all that follows through “ (3) Savings clause.—” and inserting “ (d) Savings clause.—”;
in subsection (f)(1) by striking “ updates to”;
by striking subsection (g)(1) and inserting the following:
“(1) In general.—The Administrator, in consultation with manufacturers of unmanned aircraft systems, community-based organizations, and other industry stakeholders, shall develop, maintain, and update, as necessary, an aeronautical knowledge and safety test. Such test shall be administered electronically by the Administrator or a person designated by the Administrator.”
; and
in subsection (h)—
by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and
by inserting before paragraph (2) (as so redesignated) the following:
“(1) is recognized by the Administrator of the Federal Aviation Administration;”
Use of Unmanned Aircraft Systems for Educational Purposes.— Section 350 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44809 note) is amended—
in subsection (a)—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
by inserting before paragraph (3) (as so redesignated) the following:
“(2) operated by an elementary school, a secondary school, or an institution of higher education for educational or research purposes;”
; and
in subsection (d)—
in paragraph (2) by inserting “ an elementary school, or a secondary school” after “ with respect to the operation of an unmanned aircraft system by an institution of higher education,”; and
by adding at the end the following:
“(3) Elementary school.—The term ‘elementary school’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(19)).
“(4) Secondary school.—The term ‘secondary school’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(45)).”
SEC. 929. Applications for Designation.
In General.— Section 2209 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802 note) is amended—
in subsection (a) by inserting “ , including temporarily,” after “ restrict”;
in subsection (b)(1)(C)(iv) by striking “ Other locations that warrant such restrictions” and inserting “ State prisons”; and
by adding at the end the following:
“(f) Deadlines.—
“(1) Not later than 90 days after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.
“(2) Not later than 16 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule based on the notice of proposed rulemaking published under paragraph (1).
“(g) Definition of State Prison.—In this section, the term ‘State prison’ means an institution under State jurisdiction, including a State Department of Corrections, the primary use of which is for the confinement of individuals convicted of a felony.”
SEC. 930. Beyond Visual Line of Sight Operations for Unmanned Aircraft Systems.
In General.— Chapter 448 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 44811. Beyond visual line of sight operations for unmanned aircraft systems
“(a) Proposed Rule.—Not later than 4 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall issue a notice of proposed rulemaking establishing a performance-based regulatory pathway for unmanned aircraft systems (in this section referred to as ‘UAS’) to operate beyond visual line of sight (in this section referred to as ‘BVLOS’).
“(b) Requirements.—The proposed rule required under subsection (a) shall, at a minimum, establish the following:
“(1) Acceptable levels of risk for BVLOS UAS operations, including the levels developed pursuant to section 931 of the FAA Reauthorization Act of 2024.
“(2) Standards for remote pilots or UAS operators for BVLOS operations, taking into account varying levels of automated control and management of UAS flights.
“(3) An approval or acceptance process for UAS and associated elements (as defined by the Administrator), which may leverage the creation of a special airworthiness certificate or a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance. Such process—
“(A) shall not require, but may allow for, the use of type or production certification;
“(B) shall consider the airworthiness of any UAS that—
“(i) is within a maximum gross weight or kinetic energy, as determined by the Administrator; and
“(ii) operates within a maximum speed limit as determined by the Administrator;
“(C) may require such systems to operate in the national airspace system at altitude limits determined by the Administrator; and
“(D) may require such systems to operate at standoff distances from the radius of a structure or the structure’s immediate uppermost limit, as determined by the Administrator.
“(4) Operating rules for UAS that have been approved or accepted as described in paragraph (3).
“(5) Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations.
“(6) The safety of manned aircraft operating in the national airspace system and consider the maneuverability and technology limitations of certain aircraft, including hot air balloons.
“(c) Final Rule.—Not later than 16 months after publishing the proposed rule under subsection (a), the Administrator shall issue a final rule based on such proposed rule.
“(d) Savings Clause.—Nothing in this section shall be construed to require the agency to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of the date of enactment of the FAA Reauthorization Act of 2024.”
Clerical Amendment.— The analysis for chapter 448 of title 49, United States Code, is amended by adding at the end the following:
“44811. Beyond visual line of sight operations for unmanned aircraft systems.”.
SEC. 931. Acceptable Levels of Risk and Risk Assessment Methodology.
In General.— Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a risk assessment methodology that allows for the determination of acceptable levels of risk for unmanned aircraft system operations, including operations beyond visual line of sight, conducted—
under waivers issued to part 107 of title 14, Code of Federal Regulations;
pursuant to section 44807 of title 49, United States Code; or
pursuant to other applicable regulations, as appropriate.
Risk Assessment Methodology Considerations.— In establishing the risk assessment methodology under this section, the Administrator shall ensure alignment with the considerations included in the order issued by the FAA titled “UAS Safety Risk Management Policy” (FAA Order 8040.6A), and any subsequent amendments to such order, as the Administrator considers appropriate.
Publication.— The Administrator shall make the risk assessment methodology established under this section available to the public on an appropriate website of the Administration and update such methodology as necessary.
SEC. 932. Third-Party Service Approvals.
Approval Process.— Not later than 1 year after the date of enactment of this Act, the Administrator shall establish procedures, which may include a rulemaking, to approve third-party service suppliers, including third-party service suppliers of unmanned aircraft system traffic management, to support the safe integration and commercial operation of unmanned aircraft systems.
Acceptance of Standards.— In establishing the approval process required under subsection (a), the Administrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, titled “UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability”, are included as an acceptable means of compliance for third-party services.
Approvals.— In establishing the approval process required under subsection (a), the Administrator shall—
define and implement criteria and conditions for the approval and oversight of third-party service suppliers that—
could have a direct or indirect impact on air traffic services in the national airspace system; and
require FAA oversight; and
establish procedures by which unmanned aircraft systems can use the capabilities and services of third-party service suppliers to support operations.
Harmonization.— In carrying out this section, the Administrator shall seek to harmonize, to the extent practicable and advisable, any requirements and guidance for the development, use, and operation of third-party capabilities and services, including UTM, with similar requirements and guidance of other civil aviation authorities.
Coordination.— In carrying out this section, the Administrator shall consider any relevant information provided by the Administrator of the National Aeronautics and Space Administration regarding research and development efforts the National Aeronautics and Space Administration may have conducted related to the use of UTM providers.
Third-party Service Supplier Defined.— In this section, the term “third-party service supplier” means an entity other than the FAA that provides a distributed service that affects the safety or efficiency of the national airspace system, including UAS service suppliers, supplemental data service providers, and infrastructure providers, such as providers of ground-based surveillance, command-and-control, and information exchange to another party.
Rules of Construction.—
Beyond visual line of sight operations.— Nothing in this section shall be construed to prevent or prohibit beyond visual line of sight operations of unmanned aircraft systems, or other types of operations, through the use of technologies other than third-party capabilities and services.
Airspace.— Nothing in this section shall be construed to alter the authorities provided under section 40103 of title 49, United States Code.
SEC. 933. Special Authority for Transport of Hazardous Materials by Commercial Package Delivery Unmanned Aircraft Systems.
In General.— Notwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under successor authorities, as applicable, based on the weight, amount, and type of hazardous material being transported and the characteristics of the operations subject to such requirements, standards, or special purposes.
Requirements.— In carrying out subsection (a), the Secretary shall consider, at a minimum—
the safety of the public and users of the national airspace system;
efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems and whether such transportation complies with the hazardous materials regulations under subchapter C of chapter I of title 49, Code of Federal Regulations, including any changes to such regulations issued pursuant to this section;
the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the risk associated with differing weights, quantities, and packing group classifications of hazardous materials;
mitigations to the risk of the hazardous materials being transported, based on the weight, amount, and type of materials being transported and the characteristics of the operation, including operational and aircraft-based mitigations; and
the altitude at which unmanned aircraft operations are conducted.
Safety Risk Assessments.— The Secretary may require unmanned aircraft systems operators to submit a safety risk assessment acceptable to the Administrator, as part of the operator certification process, in order for such operators to perform the carriage of hazardous materials as authorized under this section.
Conformity of Hazardous Materials Regulations.— The Secretary shall make such changes as are necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall be made concurrently with the activities described in subsection (a).
Stakeholder Input on Changes to the Hazardous Materials Regulations.—
Implementation.— Not later than 180 days of the date of enactment of this Act, the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section.
Periodic updates.— The Secretary shall—
periodically review, as necessary, amounts of hazardous materials allowed to be carried by unmanned aircraft systems pursuant to this section; and
determine whether such amounts should be revised, based on operational and safety data, without negatively impacting overall aviation safety.
Savings Clause.— Nothing in this section shall be construed to—
limit the authority of the Secretary, the Administrator, or the Administrator of the Pipeline and Hazardous Materials Safety Administration from implementing requirements to ensure the safe carriage of hazardous materials by aircraft; and
confer upon the Administrator the authorities of the Administrator of the Pipeline and Hazardous Materials Safety Administration under part 175 of title 49, Code of Federal Regulations, and chapter 51 of title 49, United States Code.
Definition of Hazardous Materials.— In this section, the term “hazardous materials” has the meaning given such term in section 5102 of title 49, United States Code.
SEC. 934. Operations Over High Seas.
In General.— To the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation (in this section referred to as “ICAO”), the Administrator shall work with other civil aviation authorities to establish and implement operational approval processes to permit unmanned aircraft systems to operate over the high seas within flight information regions for which the United States is responsible for operational control.
Consultation.— In establishing and implementing the operational approval process under subsection (a), the Administrator shall consult with appropriate stakeholders, including industry stakeholders.
ICAO Activities.— Not later than 6 months after the date of enactment of this Act, the Administrator shall engage ICAO through the submission of a working paper, panel proposal, or other appropriate mechanism to clarify the permissibility of unmanned aircraft systems to operate over the high seas.
Review.— Not later than 6 months after the date of enactment of this Act, the Administrator shall review whether, and to what extent, ICAO member states are approving the operation of unmanned aircraft systems over the high seas and brief the appropriate committees of Congress regarding the findings of such review.
SEC. 935. Protection of Public Gatherings.
In General.— Chapter 448 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 44812. Temporary flight restrictions for unmanned aircraft
“(a) In General.—
“(1) Temporary flight restrictions.—The Administrator of the Federal Aviation Administration shall, upon the request by an eligible entity, temporarily restrict unmanned aircraft operations over eligible large public gatherings.
“(2) Denial.—Notwithstanding paragraph (1), the Administrator may deny a request for a temporary flight restriction sought under paragraph (1) if—
“(A) the temporary flight restriction would be inconsistent with aviation safety or security, would create a hazard to people or property on the ground, or would unnecessarily interfere with the efficient use of the airspace;
“(B) the entity seeking the temporary flight restriction does not comply with the requirements in subsection (b);
“(C) the eligibility requirements in subsections (c) and (d) have not been met;
“(D) a flight restriction exists to the airspace overlying the same location as the temporary flight restriction sought under this section; or
“(E) the Administrator determines appropriate for any other reason.
“(b) Requirements.—
“(1) Advance notice.—Eligible entities may only request a temporary flight restriction under subsection (a) not less than 30 calendar days prior to the eligible large public gathering.
“(2) Required information.—Eligible entities seeking a temporary flight restriction under this section shall provide the Administrator with all relevant information, including the following:
“(A) Geographic boundaries of the stadium or other venue hosting the eligible large public gathering, as applicable.
“(B) The dates and anticipated starting and ending times for the large public gathering.
“(C) Points of contact for the requesting eligible entity and the on-scene incident command responsible for securing the large public gathering.
“(D) Any other information the Administrator considers necessary to establish the restriction.
“(c) Eligible Large Public Gatherings.—
“(1) In general.—To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a stadium or other venue shall—
“(A) be hosted in a stadium or other venue that—
“(i) has previously hosted events qualifying for the application of special security instructions in accordance with section 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199); and
“(ii) is not enclosed;
“(B) have an estimated attendance of at least 30,000 people; and
“(C) be advertised in the public domain.
“(2) Additional gatherings.—To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a venue other than a stadium or other venue described in paragraph (1)(A) shall—
“(A) have an estimated attendance of at least 100,000 people;
“(B) be primarily outdoors;
“(C) have a defined and static geographical boundary; and
“(D) be advertised in the public domain.
“(d) Eligible Entities.—An entity eligible to request a temporary flight restriction under subsection (a) shall be a credentialed law enforcement organization of the Federal Government or a State, local, Tribal, or territorial government.
“(e) Timeliness.—The Administrator shall make every practicable effort to assess eligibility and establish temporary flight restrictions under subsection (a) in a timely fashion.
“(f) Public Information.—Any temporary flight restriction designated under this section shall be published by the Administrator in a publicly accessible manner at least 2 days prior to the start of the eligible large public gathering.
“(g) Prohibition on Operations.—No person may operate an unmanned aircraft within a temporary flight restriction established under this section unless—
“(1) the Administrator authorizes the operation for operational or safety purposes;
“(2) the operation is being conducted for safety, security, or compliance oversight purposes and is authorized by the Administrator; or
“(3) the aircraft operation is conducted with the approval of the eligible entity.
“(h) Savings Clause.—Nothing in this section may be construed as prohibiting the Administrator from authorizing the operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from an eligible large public gathering for which a temporary flight restriction has been established under this section or cancelling a temporary flight restriction established under this section.
“(i) Rule of Construction.—Nothing in this section shall be construed to prevent the Administrator from using existing processes or procedures to meet the intent of this section.”
Clerical Amendment.— The analysis for chapter 448 of title 49, United States Code, is further amended by adding at the end the following:
“44812. Temporary flight restrictions for unmanned aircraft.”.
SEC. 936. Covered Drone Prohibition.
Prohibitions.— The Secretary is prohibited from—
entering into, extending, or renewing a contract or awarding a grant—
for the operation, procurement, or contracting action with respect to a covered unmanned aircraft system; or
to an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of such contract;
issuing a grant to a covered foreign entity for any project related to covered unmanned aircraft systems; and
operating a covered unmanned aircraft system.
Exemptions.— The Secretary is exempt from any prohibitions under subsection (a) if the grant, operation, procurement, or contracting action is for the purposes of testing, researching, evaluating, analyzing, or training related to—
unmanned aircraft detection systems and counter-UAS systems, including activities conducted—
under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA; or
by the unmanned aircraft system test ranges designated under section 44803 of title 49, United States Code;
the safe, secure, or efficient operation of the national airspace system or maintenance of public safety;
the safe integration of advanced aviation technologies into the national airspace system, including activities carried out under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA;
in coordination with other relevant Federal agencies, determining security threats of covered unmanned aircraft systems; and
intelligence, electronic warfare, and information warfare operations.
Waivers.— The Secretary may waive any restrictions under subsection (a) on a case-by-case basis by notifying the appropriate committees of Congress in writing, not later than 15 days after waiving such restrictions, that the procurement or other activity is in the public interest.
Replacement of Certain Unmanned Aircraft Systems.—
In general.— The Secretary shall take such actions as are necessary to replace any covered unmanned aircraft system that is owned or operated by the Department of Transportation as of the date of enactment of this Act with an unmanned aircraft system manufactured in the United States or an allied country (as such term is defined in section 2350f(d)(1) of title 10, United States Code) if the capabilities of such covered unmanned aircraft system are consequential to the work of the Department or the mission of the Department.
Funding.— There is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection.
Effective Dates.—
Operations.— The prohibitions under paragraphs (1) and (3) of subsection (a) shall be in effect on the date of enactment of this Act.
Grants.— The prohibitions under paragraphs (1) and (2) of subsection (a) shall—
not apply to grants awarded before the date of enactment of this Act; and
apply to grants awarded after the date of enactment of this Act.
Application of Prohibitions.— The prohibitions under subsection (a) are applicable to all offices and programs of the Department of Transportation, including—
aviation research grant programs;
aviation workforce development programs established under section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note);
FAA Air Transportation Centers of Excellence;
programs established under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note); and
the airport improvement program under subchapter I of chapter 471 of title 49, United States Code.
Rule of Construction.— Nothing in this section shall prevent a State, local, Tribal, or territorial governmental agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal funding.
Definitions.— In this section:
Covered foreign country.— The term “covered foreign country” means any of the following:
The People’s Republic of China.
The Russian Federation.
The Islamic Republic of Iran.
The Democratic People’s Republic of Korea.
The Bolivarian Republic of Venezuela.
The Republic of Cuba.
Any other country the Secretary determines necessary.
Covered foreign entity.— The term “covered foreign entity” means—
an entity included on the list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management;
an entity included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;
an entity that is domiciled in, or under the influence or control of, a covered foreign country; or
an entity that is a subsidiary or affiliate of an entity described under subparagraphs (A) through (C).
Covered unmanned aircraft system.— The term “covered unmanned aircraft system” means—
a small unmanned aircraft, an unmanned aircraft, and unmanned aircraft system, or the associated elements of such aircraft and aircraft systems related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System which is manufactured or assembled by a covered foreign entity; and
an unmanned aircraft detection system or counter-UAS system that is manufactured or assembled by a covered foreign entity.
SEC. 937. Expanding Use of Innovative Technologies in the Gulf of Mexico.
In General.— The Administrator shall prioritize the authorization of an eligible UAS test range sponsor partnering with an eligible airport authority to achieve the goals specified in subsection (b).
Goals.— The goals of a partnership authorized pursuant to subsection (a) shall be to test the operations of innovative technologies in both commercial and non-commercial applications, consistent with existing law, to—
identify challenges associated with aviation operations over large bodies of water;
provide transportation of cargo and passengers to offshore energy infrastructure;
assess the impacts of operations in saltwater environments;
identify the challenges of integrating such technologies in complex airspace, including with commercial rotorcraft; and
identify the differences between coordinating with Federal air traffic control towers and towers operated under the FAA Contract Tower Program.
Briefing to Congress.— The Administrator shall provide an annual briefing to the appropriate committees of Congress on the status of the partnership authorized under this section, including detailing any barriers to the commercialization of innovative technologies in the Gulf of Mexico.
Definitions.— In this section:
Eligible airport authority.— The term “eligible airport authority” means an AIP-eligible airport authority that is—
located in a state bordering the Gulf of Mexico which does not already contain a UAS Test Range;
has an air traffic control tower operated under the FAA Contract Tower Program;
is located within 60 miles of a port; and
does not have any scheduled passenger airline service as of the date of the enactment of this Act.
Innovative technologies.— The term “innovative technologies” means unmanned aircraft systems and powered-lift aircraft.
UAS.— The term “UAS” means an unmanned aircraft system.
Subtitle B Advanced Air Mobility
SEC. 951. Definitions.
In this subtitle:
Advanced air mobility.— The terms “advanced air mobility” and “AAM” mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft.
Powered-lift aircraft.— The term “powered-lift aircraft” has the meaning given the term “powered-lift” in section 1.1 of title 14, Code of Federal Regulations.
Regional air mobility.— The term “regional air mobility” means the movement of passengers or property by air between 2 points using an airworthy aircraft that—
has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies;
has a maximum takeoff weight of greater than 1,320 pounds; and
is not urban air mobility.
Urban air mobility.— The term “urban air mobility” means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—
has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and
has a maximum takeoff weight of greater than 1,320 pounds.
Vertiport.— The term “vertiport” means an area of land, water, or a structure used or intended to be used to support the landing, takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and performance standards established by the Administrator can accommodate.
SEC. 952. Sense of Congress on Faa Leadership in Advanced Air Mobility.
It is the sense of Congress that—
the United States should take actions to become a global leader in advanced air mobility;
as such a global leader, the FAA should—
prioritize work on the type certification of powered-lift aircraft;
publish, in line with stated deadlines, rulemakings and policy necessary to enable commercial operations, such as the Special Federal Aviation Regulation of the FAA titled “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes”, issued on June 14, 2023 (2120-AL72);
work with global partners to promote acceptance of advanced air mobility products; and
leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations; and
the FAA should work with manufacturers, prospective operators of powered-lift aircraft, and other relevant stakeholders to enable the safe entry of such aircraft into the national airspace system.
SEC. 953. Application of National Environmental Policy Act Categorical Exclusions for Vertiport Projects.
In considering the environmental impacts of a proposed vertiport project on an airport for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall—
apply any applicable categorical exclusions in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and
after consultation with the Council on Environmental Quality, take steps to establish additional categorical exclusions, as appropriate, for vertiports on an airport, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.
SEC. 954. Advanced Air Mobility Working Group Amendments.
Section 2 of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note) is amended—
in subsection (b) by striking “ , particularly passenger-carrying aircraft,”;
in subsection (d)(1) by striking subparagraph (D) and inserting the following:
“(D) operators of airports, heliports, and vertiports, and fixed-base operators;”
in subsection (e)—
in the matter preceding paragraph (1) by striking “ 1 year” and inserting “ 18 months”;
in paragraph (3) by inserting “ or that may impede such maturation” after “ AAM industry”;
in paragraph (7) by striking “ and” at the end;
in paragraph (8) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(9) processes and programs that can be leveraged to improve the efficiency of Federal reviews required for infrastructure development, including for electrical capacity projects.”
in subsection (f)—
in paragraph (1) by striking “ and” at the end;
by redesignating paragraph (2) as paragraph (3);
by inserting after paragraph (1) the following new paragraph:
“(2) recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and”
; and
in paragraph (3), as redesignated by paragraph (2) of this section, by striking “ paragraph (1)” and inserting “ paragraphs (1) and (2)”.
in subsection (g)—
in the matter preceding paragraph (1) by striking “ working group” and inserting “ Secretary of Transportation”;
in paragraph (1) by striking “ and” at the end;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
“(2) summarizing any dissenting views and opinions of a participant of the working group described in subsection (c)(3); and”
in subsection (h)—
by striking “ Not later than 30 days” and inserting the following:
“(1) In general.—Not later than 30 days”
; and
by adding at the end the following:
“(2) Considerations for termination of working group.—In deciding whether to terminate the working group under this subsection, the Secretary, in consultation with the Administrator of the Federal Aviation Administration, shall consider other interagency coordination activities associated with AAM, or other new or novel users of the national airspace system, that could benefit from continued wider interagency coordination.”
; and
in subsection (i)—
in paragraph (1) by striking “ transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft,” and inserting “ is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft”;
by redesignating paragraph (5) as paragraph (7);
by redesignating paragraph (6) as paragraph (9);
by inserting after paragraph (4) the following:
“(5) Powered-lift aircraft.—The term ‘powered-lift aircraft’ has the meaning given the term ‘powered-lift’ in section 1.1 of title 14, Code of Federal Regulations.
“(6) Regional air mobility.—The term ‘regional air mobility’ means the movement of passengers or property by air between 2 points using an airworthy aircraft that—
“(A) has advanced technologies, such as distributed propulsion, vertical take-off and landing, powered-lift, non-traditional power systems, or autonomous technologies;
“(B) has a maximum takeoff weight of greater than 1,320 pounds; and
“(C) is not urban air mobility.”
by inserting after paragraph (7), as so redesignated, the following:
“(8) Urban air mobility.—The term ‘urban air mobility’ means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—
“(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and
“(B) has a maximum takeoff weight of greater than 1,320 pounds.”
; and
by adding at the end the following:
“(10) Vertiport.—The term ‘vertiport’ means an area of land, water, or a structure, used or intended to be used to support the landing, take-off, taxiing, parking, and storage of powered lift or other aircraft that vertiport design and performance standards established by the Administrator can accommodate.”
SEC. 955. Rules for Operation of Powered-Lift Aircraft.
SFAR Rulemaking.—
In general.— Not later than 7 months after the date of enactment of this Act, the Administrator shall publish a final rule for the Special Federal Aviation Regulation of the FAA titled “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes”, issued on June 14, 2023 (2120–AL72), establishing procedures for certifying pilots of powered-lift aircraft and providing operational rules for powered-lift aircraft capable of transporting passengers and cargo.
Requirements.— With respect to any powered-lift aircraft type certificated by the Administrator, the regulations established under paragraph (1) shall—
provide a practical pathway for pilot qualification and operations;
establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft;
provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; and
to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.
Considerations.— In developing the regulations required under paragraph (1), the Administrator shall—
consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;
consult with the Secretary of Defense with regard to—
the Agility Prime program of the United States Air Force;
powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and
the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and
consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled “Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors”, published in 2019.
Interim Application of Rules and Privileges in Lieu of Rulemaking.—
In general.— Beginning 16 months after the date of enactment of this Act, if a final rule has not been published pursuant to subsection (a)—
the rules in effect on the date that is 16 months after the date of enactment of this Act that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be—
deemed to apply to—
the operation of a powered-lift aircraft in the national airspace system; and
the operator of such a powered-lift aircraft; and
applicable, as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator, and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and
upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for such specific powered-lift aircraft.
Termination of interim rules and privileges.— This subsection shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a).
Powered-lift Aircraft Aviation Rulemaking Committee.—
In general.— Not later than 3 years after the date on which the Administrator issues the first certificate to commercially operate a powered-lift aircraft, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the “Committee”) to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the—
performance-based certification of powered-lift aircraft;
certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and
operation of powered-lift aircraft in commercial service and air transportation.
Considerations.— In providing findings and recommendations under paragraph (1), the Committee shall consider the following:
Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations.
Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft.
To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.
The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled “Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors”, published in 2019, as appropriate.
Practical pathways for pilot qualification and operations.
Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft.
A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft.
Report.— The Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee.
Powered-lift Aircraft Rulemaking.—
In general.— Not later than 270 days after the date on which the Committee submits the report under subsection (c)(3), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.
Requirements.— In developing the rulemaking under paragraph (1), the Administrator shall—
consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft;
consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations;
consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes”, issued on June 14, 2023 (2120–AL72);
consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;
work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and
consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956.
SEC. 956. Advanced Propulsion Systems Regulations.
In General.— Not later than 3 years after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) to provide the Administrator with specific findings and recommendations for regulations related to the certification and installation of—
electric engines and propellers;
hybrid electric engines and propulsion systems;
hydrogen fuel cells;
hydrogen combustion engines or propulsion systems; and
other new or novel propulsion mechanisms and methods as determined appropriate by the Administrator.
Considerations.— In carrying out subsection (a), the Committee shall consider, at a minimum, the following:
Outcome-driven safety objectives to spur innovation and technology adoption, and promote the development of performance-based regulations.
Lessons and insights learned from previously published special conditions and other published airworthiness criteria for novel engines, propellers, and aircraft.
The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for standalone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.
Report.— Not later than 1 year after providing findings and recommendations under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing such findings and recommendations.
Briefing.— Not later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding plans of the FAA in response to the findings and recommendations contained in the report.
SEC. 957. Powered-Lift Aircraft Entry into Service.
In General.— The Administrator shall, in consultation with exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code, and any relevant stakeholder as determined appropriate by the Administrator, take such actions as may be necessary to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace, and learn from any efforts to adopt and update related policy and guidance.
Air Traffic Policies for Entry Into Service.— Not later than 40 months after the date of enactment of this Act, the Administrator shall update air traffic orders and policies, to the extent necessary, and address air traffic control system challenges in order to allow for—
the use of existing air traffic procedures, where determined to be safe by the Administrator, by powered-lift aircraft; and
the approval of letters of agreement between air traffic control system facilities and powered-lift operators and infrastructure operators to minimize the amount of active coordination required for safe recurring powered-lift aircraft operations, as appropriate.
Long-term Air Traffic Policies.— Beginning 40 months after the date of enactment of this Act, the Administrator shall—
continue to update air traffic orders and policies to support the operation of powered-lift aircraft;
to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports;
evaluate the human factors impacts on controllers associated with managing powered-lift aircraft operations, consider the impact of additional operations on air traffic controller staffing, and make necessary changes to staffing, procedures, regulations, and orders; and
consider the use of third-party service providers to manage increased operations in controlled airspace to support, supplement, and enhance the work of air traffic controllers.
SEC. 958. Infrastructure Supporting Vertical Flight.
Update to Design Standards.— The Administrator shall—
not later than December 31, 2024, publish an update to the memorandum of the FAA titled “Engineering Brief No. 105, Vertiport Design”, issued on September 21, 2022 (EB No. 105);
not later than December 31, 2025, publish a performance-based vertiport design advisory circular; and
begin the work necessary to update the advisory circular of the FAA titled “Heliport Design” (Advisory Circular 150/5390) in order to provide performance-based guidance for heliport design, including consideration of alternative fuel and propulsion mechanisms.
Engineering Brief Sunset.— Upon the publication of an advisory circular pursuant to subsection (a)(2), the Administrator shall cancel the memorandum described in subsection (a)(1).
Dual Use Facilities.— The Administrator shall establish a mechanism by which owners and operators of aviation infrastructure can safely accommodate, or file a notice to accommodate, powered-lift aircraft if such infrastructure meets the safety requirements or guidance of the FAA for such aircraft.
Guidance, Forms, and Planning.— The Administrator shall—
not later than 18 months after the date of enactment of this Act, ensure airport district offices of the FAA have sufficient guidance and policy direction regarding the use and applicability of heliport and vertiport design standards of the FAA, and update such guidance routinely;
determine if updates to FAA Form 7460 and Form 7480 are necessary and update such forms, as appropriate; and
ensure that the methodology and underlying data sources of the Terminal Area Forecast of the FAA include commercial operations conducted by aircraft regardless of propulsion type or fuel type.
SEC. 959. Charting of Aviation Infrastructure.
The Administrator shall increase efforts to update and keep current the Airport Master Record of the FAA, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current.
SEC. 960. Advanced Air Mobility Infrastructure Pilot Program Extension.
Section 101 of division Q of the Consolidated Appropriations Act, 2023 (49 U.S.C. 40101 note) is amended—
in subsection (b)—
in paragraph (2)—
in subparagraph (A) by inserting “ , as well as the use of existing airport and heliport infrastructure that may require modifications to safely accommodate AAM operations,” after “ vertiport infrastructure”; and
in subparagraph (B)—
in clause (iii) by striking “ vertiport” and inserting “ locations for”;
in clause (iv) by inserting “ and guidance” after “ any standards”;
in clause (v) by striking “ vertiport infrastructure” and inserting “ urban air mobility and regional air mobility operations”; and
in clause (x) by inserting “ or the modification of aviation infrastructure” after “ operation of a vertiport”;
in paragraph (4)(B) by inserting “ the Department of Defense, the National Guard,” before “ or”; and
in paragraph (6)—
in subparagraph (A) by striking “ September 30, 2025” and inserting “ September 30, 2027”; and
in subparagraph (B)—
in clause (i) by striking “ and” at the end;
in clause (ii) by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(iii) a description of—
“(I) initial community engagement efforts and responses from the public on the planning and development efforts of eligible entities related to urban air mobility and regional air mobility operations;
“(II) how eligible entities are planning for and encouraging early adoption of urban air mobility and regional air mobility operations;
“(III) what role each level of government plays in the process; and
“(IV) whether such entities recommend specific regulatory or guidance actions be taken by the Secretary or any other head of a Federal agency in order to support such early adoption.”
by striking subsection (c)(1) and inserting the following:
“(1) Authorization.—Out of amounts made available under section 106(k) of title 49, United States Code, there are authorized to carry out this section $12,500,000 for each of fiscal years 2023 through 2026, to remain available until expended.”
in subsection (d) by striking “ 2024” and inserting “ 2026” each place it appears; and
in subsection (e)—
by striking paragraph (1) and inserting the following:
“(1) Advanced air mobility; aam; regional air mobility; urban air mobility; vertiport.—The terms ‘advanced air mobility’, ‘AAM’, ‘regional air mobility’, ‘urban air mobility’, and ‘vertiport’ have the meaning given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).”
; and
by striking paragraphs (9) and (10).
SEC. 961. Center for Advanced Aviation Technologies.
Plan.— Not later than 90 days after the date of enactment of this Act, the Administrator shall develop a plan to establish a Center for Advanced Aviation Technologies to support the testing and advancement of new and emerging aviation technologies.
Consultation.— In developing the plan under subsection (a), the Administrator may consult with the Advanced Air Mobility Working Group established in the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203), as amended by this Act, and the interagency working group established in section 1042 of this Act.
Considerations.— In developing the plan under subsection (a), the Administrator shall consider as roles and responsibilities for the Center for Advanced Aviation Technologies—
developing an airspace laboratory and flight demonstration zones to facilitate the safe integration of advanced air mobility aircraft into the national airspace system, with at least 1 such zone to be established within the same geographic region as the Center for Advanced Aviation Technologies and that also has aviation manufacturers with relevant expertise, such as powered-lift;
establishing testing corridors for the purposes of validating air traffic requirements for advanced air mobility operations, operational procedures, and performance requirements, with at least 1 such corridor to be established within the same geographic region as the Center for Advanced Aviation Technologies;
developing and facilitating technology partnerships with, and between, industry, academia, and other government agencies, and supporting such partnerships;
identifying new and emerging aviation technologies, innovative aviation concepts, and relevant aviation services, including advanced air mobility, powered-lift aircraft, and other advanced aviation technologies, as determined appropriate by the Administrator; and
any other duties, as determined appropriate by the Administrator.
Submission to Congress.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the plan developed under subsection (a).
Center.— Not later than September 30, 2026, the Administrator shall establish the Center for Advanced Aviation Technologies in accordance with the plan developed under subsection (a). In choosing the location for the Center for Advanced Aviation Technologies, the Administrator shall give preference to a community or region with a strong aeronautical presence, specifically the presence of—
a large commercial airport or large air logistics center;
aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift;
existing FAA facilities or offices, such as a Center, Institute, certificate management office, or a regional headquarters;
airspace utilized for advanced aviation technology testing activity, and capable of supporting a wide range of use cases;
proximity to both rural and urban communities;
State, local, or Tribal governments;
programs to support public-private partnerships for advanced aviation technologies; and
academic institutions that offer programs relating to advanced aviation technologies engineering.
Authorization.— Out of amounts made available under section 106(k) of title 49, United States Code, $35,000,000 for each of fiscal years 2025 through 2028 is authorized to carry out this section.
Interaction With Other Entities.— The Administrator, in carrying out this section, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and, as appropriate, the unmanned aircraft test ranges established in section 44803 of title 49, United States Code.
Savings Clauses.— Nothing in this section shall be construed to interfere with any of the following activities:
The ongoing activities of the unmanned aircraft test ranges established in section 44803 of title 49, United States Code, to the maximum extent practicable.
The ongoing activities of the William J. Hughes Technical Center for Advanced Aerospace, to the maximum extent practicable.
The ongoing activities of the Center of Excellence for Unmanned Aircraft Systems, to the maximum extent practicable.
The ongoing activities of the Mike Monroney Aeronautical Center, to the maximum extent practicable.