Title VII — Modernizing Airport Infrastructure

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

TITLE VII Modernizing Airport Infrastructure

Subtitle A Airport Improvement Program Modifications

SEC. 701. Development of Airport Plans.

Section 47101(g) of title 49, United States Code, is amended—

(1)

in paragraph (1) in the second sentence, by inserting “ (including long-term resilience from the impact of natural hazards and severe weather events)” after “ environmental”; and

(2)

in paragraph (2)—

(A)

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

(B)

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

(C)

by adding at the end the following new subparagraph:

“(E) consider the impact of hazardous weather events on long-term operational resilience.”

SEC. 702. Aip Definitions.

Section 47102 of title 49, United States Code, is amended—

(1)

by striking paragraph (1) and inserting the following:

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

(2)

in paragraph (3)—

(A)

in subparagraph (A)—

(i)

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

(ii)

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

(iii)

by adding at the end the following:

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

(B)

in subparagraph (B)—

(i)

in clause (iii) by inserting “ and fuel infrastructure for such equipment to remove snow” after “ surveillance equipment”;

(ii)

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

(iii)

in clause (x) by striking the period and inserting “ ; and”; and

(iv)

by adding at the end the following:

“(xi) a medium intensity approach lighting system with runway alignment indicator lights.”

(C)

in subparagraph (E) by striking “ after December 31, 1991,”;

(D)

in subparagraph (K) by striking “ if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)) and if the airport would be able to receive emission credits, as described in section 47139”;

(E)

in subparagraph (L) by striking “ the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)), if the airport would be able to receive appropriate emission credits (as described in section 47139), and”;

(F)

in subparagraph (P)—

(i)

by striking “ improve the reliability and efficiency of the airport’s power supply” and inserting “ improve reliability and efficiency of the power supply of the airport or meet current and future electrical power demand”;

(ii)

by inserting “ , renewable energy generation and storage infrastructure (including necessary substation upgrades to support such infrastructure)” after “ electrical generators”;

(iii)

by striking “ supply, and” and inserting “ supply,”; and

(iv)

by striking the period at the end and inserting “ , and smart glass (including electrochromic glass).”; and

(G)

by adding at the end the following:

“(S) acquisition of advanced digital construction management systems and related technology used in the planning, design and engineering, construction, and maintenance of airport facilities when such systems or technologies are acquired to carry out a project approved by the Secretary under this subchapter.

“(T) improvements, or planning for improvements (including monitoring equipment or services), that would be necessary to sustain commercial service flight operations or permit the resumption of such flight operations following a natural disaster (including an earthquake, flooding, high water, wildfires, hurricane, storm surge, tidal wave, tornado, tsunami, wind driven water, sea level rise, tropical storm, cyclone, land instability, or winter storm) at—

“(i) a primary airport; or

“(ii) a nonprimary airport that is designated as a Federal staging area or incident support base by the Administrator of the Federal Emergency Management Agency.

“(U) a project to comply with rulemakings and recommendations on airport cybersecurity standards from the aviation rulemaking committee convened under section 395 of the FAA Reauthorization Act of 2024.

“(V) reconstructing or rehabilitating an existing crosswind runway (regardless of the wind coverage of the primary runway) if the reconstruction or rehabilitation of such crosswind runway is in the most recently approved airport layout plan of the sponsor.

“(W) constructing or acquiring such airport-owned infrastructure or equipment, notwithstanding revenue producing capability of such infrastructure or equipment, as may be required for—

“(i) the on-airport distribution or storage of unleaded aviation gasoline for piston-driven aircraft, including on-airport construction or expansion of pipelines, storage tanks, low-emission fuel systems, and airport-owned fuel trucks providing exclusively unleaded aviation fuels (unless the Secretary determines that an alternative fuel may be safely used in such fuel truck for a limited time); or

“(ii) fueling systems for type certificated hydrogen-powered aircraft.

“(X) constructing, reconstructing, or rehabilitating a taxiway or taxilane that serves non-exclusive use aeronautical facilities, including aircraft storage facilities, except for the 50 feet of pavement immediately in front of an ineligible building.

“(Y) any other activity (excluding terminal development) that the Secretary concludes will reasonably improve the safety of the airport.”

(3)

in paragraph (5)—

(A)

in subparagraph (A) by inserting “ and catchment area analyses” after “ planning”;

(B)

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

(C)

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

(D)

by adding at the end the following:

“(D) assessing current and future electrical power demand for airport airside and landside activities.”

(4)

in paragraph (20)—

(A)

in subparagraph (B) by striking “ or” at the end;

(B)

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

(C)

by adding at the end the following:

“(D) the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau.”

(5)

in paragraph (27) by striking “ the Trust Territory of the Pacific Islands,”; and

(6)

in paragraph (28)(B) by striking “ described in section 47119(a)(1)(B)” and inserting “ for moving passengers and baggage between terminal facilities and between terminal facilities and aircraft”.

SEC. 703. Revenue Diversion Penalty Enhancement.

(a)

In General.— Section 47107 of title 49, United States Code, is amended—

(1)

in subsection (m)(4) by striking “ an amount equal to” and inserting “ an amount equal to double”; and

(2)

in subsection (n)(1) by striking “ an amount equal to” and inserting “ an amount equal to double”.

(b)

Applicability.— The amendments made by subsection (a) shall not apply to any illegal diversion of airport revenues (as described in section 47107(m) of title 49, United States Code) that occurred prior to the date of enactment of this Act.

SEC. 704. Extension of Competitive Access Report Requirement.

Section 47107(r)(3) of title 49, United States Code, is amended by striking “ May 11, 2024” and inserting “ October 1, 2028”.

SEC. 705. Renewal of Certain Leases.

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

(1)

in subparagraph (A) by striking “ the date of enactment of this subsection” and inserting “ October 7, 2016”; and

(2)

by striking subparagraph (D) and inserting the following:

“(D) that—

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

“(I) at the airport; or

“(II) remotely from the airport; or

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

SEC. 706. Community Use of Airport Land.

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

“(v) Community Use of Airport Land.—

“(1) In general.—Notwithstanding subsections (a)(13), (b), and (c) and section 47133, and subject to paragraph (2), the sponsor of a public-use airport shall not be considered to be in violation of this subtitle, or to be found in violation of a grant assurance made under this section, or under any other provision of law, as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor has—

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

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

“(2) Restrictions.—

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

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

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

“(iii) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989;

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

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

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

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

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

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

“(i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989;

“(ii) to airport property that has been continuously leased or licensed through a written agreement with a governmental entity or non-profit entity for recreational or public park uses since July 1, 2003;

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

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

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

“(vi) if the airport sponsor will—

“(I) lease the property to a local government entity or non-profit entity to operate and maintain the property at no cost to the airport sponsor; or

“(II) transfer title to the property to a local government entity subject to a permanent deed restriction ensuring compatible airport use under regulations issued pursuant to section 47502.

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

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

“(B) subject to the requirements of subsection (b), retain the revenue from the lease or sale of such portion of airport property for use in accordance with section 47133.

“(4) Secretary review and approval.—Notwithstanding any other provision of law, and subject to the sponsor providing a written statement certifying such sponsor meets the requirements under this subsection, no actions permitted under this subsection shall require the review or approval of the Secretary of Transportation.

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

“(6) Aeronautical use; aeronautical purpose defined.—In this subsection, the terms ‘aeronautical use’ and ‘aeronautical purpose’—

“(A) mean all activities that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe;

“(B) include services located at an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo; and

“(C) do not include any uses of an airport that are not described in subparagraph (A) or (B), including any aviation-related uses that do not need to be located at an airport, such as flight kitchens and airline reservation centers.”

SEC. 707. Price Adjustment Provisions.

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

(1)

in subsection (a) by striking “ 47114(d)(3)(A) of this title” and inserting “ 47114(d)(2)(A)”;

(2)

by striking subsection (b) and inserting the following:

“(b) Increasing Government Share.—

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

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

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

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

“(i) 15 percent; or

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

“(3) Price adjustment provisions.—

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

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

(3)

by striking subsection (c); and

(4)

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

SEC. 708. Updating United States Government’s Share of Project Costs.

Section 47109 of title 49, United States Code, is amended by adding at the end the following:

“(h) Special Rule for Fiscal Years 2025 and 2026.—Notwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2025 and 2026 shall be 95 percent.”

SEC. 709. Allowable Project Costs and Letters of Intent.

Section 47110 of title 49, United States Code, is amended—

(1)

in subsection (c)—

(A)

in the matter preceding paragraph (1) by striking “ after May 13, 1946, and”; and

(B)

in paragraph (1)—

(i)

by inserting “ or preparing for” after “ formulating”; and

(ii)

by inserting “ utility relocation, work site preparation,” before “ and administration”;

(2)

in subsection (d)(1) by striking “ section 47114(c)(1) or 47114(d)” and inserting “ section 47114 or distributed from the small airport fund under section 47116”;

(3)

in subsection (e)(2)(C) by striking “ commercial service airport having at least 0.25 percent of the boardings each year at all such airports” and inserting “ medium hub airport or large hub airport”;

(4)

in subsection (h) by striking “ section 47114(d)(3)(A)” and inserting “ section 47114(c)(1)(D) or section 47114(d)(2)(A)”; and

(5)

by striking subsection (i).

SEC. 710. Small Airport Letters of Intent.

(a)

In General.— Section 47110 of title 49, United States Code, is further amended by adding at the end the following:

“(i) Small Airport Letters of Intent.—

“(1) In general.—The Secretary may issue a letter of intent to a sponsor stating an intention to obligate an amount from future budget authority for an airport development project (including costs of formulating the project) at a nonhub airport or an airport that is not a primary airport.

“(2) Contents.—In the letter issued under paragraph (1), the Secretary shall establish a schedule under which the Secretary will reimburse the sponsor for the Government’s share of allowable project costs, as amounts become available, if the sponsor, after the Secretary issues the letter, carries out the project without receiving amounts under this subchapter.

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

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

“(B) $10,000,000.

“(4) Financing.—Allowable project costs under paragraphs (1) and (2) may include costs associated with making payments for debt service on indebtedness incurred to carry out the project.

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

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

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

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

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

“(A) prioritize projects that—

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

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

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

“(8) No obligation or commitment.—

“(A) In general.—A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing.

“(B) Obligation or commitment.—An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation Acts.

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

(b)

Conforming Amendments.—

(1)

Letters of intent.— Section 47110(e)(7) of title 49, United States Code, is amended by striking “ under this section” and inserting “ under this subsection”.

(2)

Priority for letters of intent.— Section 47115(h) of title 49, United States Code, is amended by inserting “ prior to fulfilling intentions to obligate under section 47110(i)” after “ section 47110(e)”.

SEC. 711. Prohibition on Provision of Airport Improvement Grant Funds to Certain Entities That Have Violated Intellectual Property Rights of United States Entities.

(a)

In General.— Beginning on the date that is 30 days after the date of enactment of this Act, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a covered contract with any entity on the list required under subsection (b).

(b)

List Required.—

(1)

In general.— Not later than 30 days after the date of enactment of this Act, and thereafter as required under paragraph (2), the United States Trade Representative, the Attorney General, and the Administrator shall make available to the Administrator a publicly-available list of entities manufacturing airport passenger boarding infrastructure or equipment that—

(A)

are owned, directed by, or subsidized in whole or in part by the People’s Republic of China;

(B)

have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States;

(C)

own or control, are owned or controlled by, are under common ownership or control with, or are successors to an entity described in subparagraph (A); or

(D)

have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with an entity described in subparagraph (A).

(2)

Updates to list.— The United States Trade Representative shall update the list required under paragraph (1), based on information provided by the Attorney General and the Administrator—

(A)

not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and

(B)

not less frequently than annually thereafter.

(c)

Definitions.— In this section:

(1)

In general.— The definitions in section 47102 of title 49, United States Code, shall apply.

(2)

Covered contract.— The term “covered contract” means a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.

SEC. 712. Apportionments.

(a)

Primary, Commercial Service, and Cargo Airports.—

(1)

Primary and commercial service airports.— Section 47114(c)(1) of title 49, United States Code, is amended to read as follows:

“(1) Primary and commercial service airports.—

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

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

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

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

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

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

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

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

“(D) Nonprimary commercial service airport apportionment.—

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

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

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

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

“(E) Public airports with military use.—Notwithstanding any other provision of law, a public airport shall be considered a primary airport in each of fiscal years 2025 through 2028 for purposes of this chapter if such airport was—

“(i) designated as a primary airport in fiscal year 2017; and

“(ii) in use by an air reserve station in the calendar year used to calculate apportionments to airport sponsors in a fiscal year.

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

“(i) Calendar year 2018.

“(ii) Calendar year 2019.

“(iii) The prior full calendar year prior to fiscal year 2024.”

(2)

Cargo airports.— Section 47114(c)(2) of title 49, United States Code, is amended—

(A)

in subparagraph (A)—

(i)

by striking “ 3.5” and inserting “ 4”; and

(ii)

by striking “ 100,000,000 pounds” and inserting “ 25,000,000 pounds”;

(B)

by striking subparagraph (C); and

(C)

by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.

(b)

General Aviation Airports.— Section 47114(d) of title 49, United States Code, is amended—

(1)

in paragraph (3)—

(A)

in the heading by striking “ Special rule” and inserting “ Apportionment”;

(B)

by striking “ excluding primary airports but including reliever and nonprimary commercial service airports” each place it appears and inserting “ excluding commercial service airports but including reliever airports”;

(C)

in the matter preceding subparagraph (A) by striking “ 20 percent” and inserting “ 25 percent”; and

(D)

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

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

(2)

in paragraph (4)—

(A)

in the heading by striking “ Airports in alaska, puerto rico, and hawaii” and inserting “ Airports in Noncontiguous States and Territories”;

(B)

by striking “ An amount apportioned under paragraph (2) or (3)” and inserting the following:

“(A) Alaska, puerto rico, and hawaii.—An amount apportioned under this subsection”

; and

(C)

by adding at the end the following:

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

(3)

in paragraph (5) by inserting “ or subsection (c)(1)(D)” after “ under this subsection”;

(4)

in paragraph (6)—

(A)

by striking “ provision of this subsection” and inserting “ provision of this section”; and

(B)

by inserting “ or subsection (c)(1)(D)” after “ under this subsection”;

(5)

by striking paragraph (2); and

(6)

by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.

(c)

Conforming Amendments.—

(1)

Project grant application approval.— Section 47106(a)(7) of title 49, United States Code, is amended by striking “ section 47114(d)(3)(B)” and inserting “ section 47114(d)(2)(B)”.

(2)

Air traffic control contract program.— Section 47124(b)(4) of title 49, United States Code, is further amended—

(A)

in subparagraph (A)(ii)—

(i)

in subclause (I) by striking “ sections 47114(c)(2) and 47114(d)” and inserting “ subsections (c) and (d) of section 47114”;

(ii)

in subclause (II) by striking “ sections 47114(c)(2) and 47114(d)(3)(A)” and inserting “ sections 47114(c) and 47114(d)(2)(A)”; and

(iii)

in subclause (III) by striking “ sections 47114(c)(2) and 47114(d)(3)(A)” and inserting “ sections 47114(c) and 47114(d)(2)(A)”; and

(B)

in subparagraph (B)(v) by striking “ section 47114(d)(2) or 47114(d)(3)(B)” and inserting “ section 47114(d)(2)(B)”.

SEC. 713. Pfc Turnback Reduction.

(a)

In General.— Section 47114(f) of title 49, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking “ sponsor of an airport having at least .25 percent of the total number of boardings each year in the United States and” and inserting “ sponsor of a medium or large hub airport”;

(B)

in subparagraph (A) by striking “ 50 percent” and inserting “ 40 percent” each place it appears; and

(C)

in subparagraph (B) by striking “ 75 percent” and inserting “ 60 percent” each place it appears; and

(2)

by striking paragraphs (2) and (3) and inserting the following:

“(2) Effective date of reduction.—

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

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

(b)

Applicability.— For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) and prior to the date of enactment of this Act, the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a) shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.

SEC. 714. Airport Safety and Resilient Infrastructure Discretionary Program.

(a)

In General.— Section 47115(j) of title 49, United States Code, is amended—

(1)

in the heading by striking “ Supplemental Discretionary Funds” and inserting “ Airport Safety and Resilient Infrastructure Discretionary Program”;

(2)

in paragraph (3) by striking subparagraph (B) and inserting the following:

“(B) Minimum allocation.—Not less than 50 percent of the amounts available under this subsection shall be used to provide grants at nonprimary, nonhub, and small hub airports.

“(C) Prioritization.—In making grants for projects eligible under subparagraph (D)(iii), the Secretary shall prioritize grants to large and medium hub airports.

“(D) Eligibilities.—In making grants under this subsection, the Secretary shall provide grants to airports for projects that—

“(i) meet the definition of ‘airport development’ under section 47102(3)(T);

“(ii) would otherwise increase the resilience of airport infrastructure against changing flooding or inundation patterns; or

“(iii) reduce runway incursions or increase runway or taxiway safety.”

(3)

in paragraph (4)(A) by striking clauses (i) through (vi) and inserting the following:

“(i) $532,392,074 for fiscal year 2024.

“(ii) $200,000,000 for fiscal year 2025.

“(iii) $200,000,000 for fiscal year 2026.

“(iv) $200,000,000 for fiscal year 2027.

“(v) $200,000,000 for fiscal year 2028.”

; and

(4)

in paragraph (4)(B) by striking “ 2 fiscal years” and inserting “ 3 fiscal years”.

(b)

Briefing.—

(1)

In general.— Not later than 6 months after the Secretary first awards a grant for fiscal year 2025 under section 47115(j) of title 49, United States Code, and annually thereafter through 2028, the Secretary shall brief the appropriate committees of Congress on the grant program established under such section.

(2)

Contents.— In briefing the appropriate committees of Congress under paragraph (1), the Secretary shall include—

(A)

a description of each project funded under the grant program established under section 47115(j), including the vulnerabilities such program addresses;

(B)

a description of projects completed that received funding under such program, including the total time between award and project completion;

(C)

a description of the consultation with other agencies that the Secretary has undertaken in carrying out such program;

(D)

recommendations to improve the administration of such program, including additional consultation with other agencies and whether additional appropriation levels are appropriate; and

(E)

other items determined appropriate by the Secretary.

SEC. 715. Special Carryover Assumption Rule.

Section 47115 of title 49, United States Code, is amended by adding at the end the following:

“(l) Special Carryover Assumption Rule.—Notwithstanding any other provision of law, in addition to amounts made available under paragraphs (1) and (2) of subsection (a), the Secretary may add to the discretionary fund an amount equal to one-third of the apportionment funds made available under section 47114 that were not required during the previous fiscal year pursuant to section 47117(b)(1) out of the anticipated amount of apportionment funds made available under section 47114 that will not be required during the current fiscal year pursuant to section 47117(b)(1).”

SEC. 716. Small Airport Fund.

Section 47116 of title 49, United States Code, is amended—

(1)

in subsection (b) by striking paragraphs (1) and (2) and inserting the following:

“(1) Not more than 25 percent for grants for projects at small hub airports.

“(2) Not less than 25 percent for grants to sponsors of public-use airports (except commercial service airports).

“(3) Not less than 50 percent for grants to sponsors of commercial service airports that are not larger than a nonhub airport.”

(2)

in subsection (d)—

(A)

by striking paragraph (2); and

(B)

by redesignating paragraph (3) as paragraph (2); and

(3)

by striking subsections (e) and (f) and inserting the following:

“(e) General Aviation Transient Aprons.—In distributing amounts from the fund described in subsection (a) to sponsors described in subsection (b)(2) and (b)(3), 5 percent of each amount shall be used for projects to construct or rehabilitate aprons intended to be used for itinerant general aviation aircraft parking.”

SEC. 717. Revision of Discretionary Categories.

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

(1)

in subsection (b)(2)—

(A)

in subparagraph (A)(i) by striking “ or (3)(A), whichever is applicable”; and

(B)

in subparagraph (B)—

(i)

by striking “ section 47114(d)(3)(A)” and inserting “ section 47114(d)(2)(A)”; and

(ii)

by striking “ section 47114(d)(3)(B)” and inserting “ section 47114(d)(2)(B)”;

(2)

in subsection (c)(2) by striking “ 47114(d)(3)(A)” and inserting “ 47114(d)(2)(A)”;

(3)

in subsection (d)—

(A)

in paragraph (1) by striking “ section 47114(d)(2)(A) of this title” and inserting “ section 47114(d)(2)(B)(i)”; and

(B)

in paragraph (2)—

(i)

by striking “ section 47114(d)(2)(B) or (C)” and inserting “ section 47114(d)(2)(B)(ii) or (iii)” in each place it appears; and

(ii)

by striking “ of this title”; and

(4)

in subsection (e)—

(A)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

by striking “ $300,000,000” and inserting “ $200,000,000”;

(II)

by striking “ for compatible land use planning and projects carried out by State and local governments under section 47141,”;

(III)

by striking “ section 47102(3)(Q)” and inserting “ subparagraphs (O), (P), (Q), and (W) of section 47102(3)”;

(IV)

by striking “ to comply with the Clean Air Act (42 U.S.C. 7401 et seq.)”; and

(V)

by inserting “ The Secretary shall provide not less than two-thirds of amounts under this subparagraph and paragraph (3) for grants to sponsors of small hub, medium hub, and large hub airports.” after “ being met in that fiscal year.”; and

(ii)

by striking subparagraph (C); and

(B)

by striking paragraph (3) and inserting the following:

“(3) Special rule.—Beginning in fiscal year 2026, if the amount made available under paragraph (1)(A) was not equal to or greater than $150,000,000 in the preceding fiscal year, the Secretary shall issue grants for projects eligible under paragraph (1)(A) from apportionment funds made available under section 47114 that are not required during the fiscal year pursuant to subsection (b)(1) in an amount that is not less than—

“(A) $150,000,000; minus

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

SEC. 718. Discretionary Fund for Terminal Development Costs.

(a)

Terminal Projects at Transitioning Airports.— Section 47119(c) of title 49, United States Code, is amended—

(1)

in paragraph (4) by striking “ or” after the semicolon;

(2)

in paragraph (5)—

(A)

by striking “ section 47114(d)(3)(A)” and inserting “ sections 47114(c) and 47114(d)(2)(A)”; and

(B)

by striking the period at the end and inserting “ ; or”; and

(3)

by adding at the end the following:

“(6) not more than $20,000,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115, to the sponsor of a nonprimary airport to pay costs allowable under subsection (a) for terminal development projects, if the Secretary determines (which may be based on actual and projected enplanement trends, as well as completion of an air service development study, demonstrated commitment by airlines to provide commercial service accommodating at least 10,000 annual enplanements, the documented commitment of a sponsor to providing the remaining funding to complete the proposed project, and a favorable environmental finding (including all required permits) in support of the proposed project) that the status of the nonprimary airport is reasonably expected to change to primary status based on enplanements for the third calendar year after the issuance of the discretionary grant.”

(b)

Limitation.— Section 47119(f) of title 49, United States Code, is amended by striking “ $20,000,000” and inserting “ $30,000,000”.

SEC. 719. Protecting General Aviation Airports from Closure.

(a)

Non-surplus Property.— Section 47125 of title 49, United States Code, is amended by adding at the end the following:

“(c) Waiving Restrictions.—

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

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

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

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

“(C) Such waiver—

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

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

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

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

“(3) Annual reporting.—The Secretary shall include a list and description of each waiver granted pursuant to paragraph (1) in the plan required under section 47103.”

(b)

Surplus Property.—

(1)

In general.— Section 47151 of title 49, United States Code, is amended by striking subsection (d) and inserting the following:

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

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

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

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

(2)

Waiving and adding terms.— Section 47153 of title 49, United States Code, is amended by striking subsection (c) and inserting the following:

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

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

“(2) the Secretary determines that such waiver—

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

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

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

(c)

Repeals.—

(1)

Airports near closed or realigned bases.— Section 1203 of the Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 47101 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are repealed.

(2)

Release from restrictions.— Section 817 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47125 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are repealed.

SEC. 720. State Block Grant Program.

(a)

Training.— Section 47128 of title 49, United States Code, is amended by adding at the end the following:

“(e) Training for Participating States.—

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

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

(b)

Administration.— Section 47128 of title 49, United States Code, is further amended by adding at the end the following:

“(f) Roles and Responsibilities of Participating States.—

“(1) Airports.—Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to such program.

“(2) Program documentation.—

“(A) In general.—Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement between the State and the Federal Aviation Administration.

“(B) Parity.—The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with respect to such action if the State did not participate in the program.

“(3) Responsibilities.—Unless the State expressly agrees to retain responsibility, the Administrator shall retain responsibility for the following:

“(A) Grant compliance investigations, determinations, and enforcement.

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

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

“(D) Land use determinations, compatibility planning, and airport layout plan review and approval (consistent with section 47107(x)) for projects not funded by amounts available under this subchapter.

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

“(F) Instrument approach procedure evaluations and determinations.

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

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

(c)

IIJA State Block Grant Program Administrative Funding.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Secretary shall distribute administrative funding to assist States participating in the State block grant program under section 47128 of title 49, United States Code, with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act (Public Law 117–58).

(2)

Funding source.— In distributing administrative funds to States under this subsection, the Secretary shall distribute such funds from the funds made available in the Infrastructure Investment and Jobs Act (Public Law 117–58) for personnel, contracting, and other costs to administer and oversee grants of the Airport Infrastructure Grants, Contract Tower Competitive Grant Program, and Airport Terminal Program.

(3)

Administrative funds.— With respect to administrative funds made available for fiscal years 2022 through 2026—

(A)

the amount of administrative funds available for distribution under paragraph (2) shall be an amount equal to a percentage determined by the Secretary, but not less than 2 percent, of the annual allocations provided under the heading “AIRPORT INFRASTRUCTURE GRANTS” under the heading “FEDERAL AVIATION ADMINISTRATION” in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program;

(B)

administrative funds distributed under paragraph (2) shall be used by such States to—

(i)

administer and oversee, as outlined in a memorandum of agreement or other agreement between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act (Public Law 117–58) to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and

(ii)

carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act (Public Law 117–58); and

(C)

except as provided in paragraph (4), such administrative funds shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than December 1 of each fiscal year in which the Infrastructure Investment and Jobs Act (Public Law 117–58) provides airport grant program funds.

(4)

Initial distribution.— With respect to administrative funds made available for fiscal years 2022 through 2024, funds available as of the date of enactment of this Act shall be distributed to States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.

(d)

Report.— The Comptroller General shall issue to the appropriate committees of Congress a report on the Office of Airports of the FAA and the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code, and include in such report a description of—

(1)

the responsibilities of States participating in the block grant program under section 47128 of title 49, United States Code; and

(2)

the impact of title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and other Federal administrative funding sources on the ability of such States to disburse and administer airport improvement program funds.

SEC. 721. Innovative Financing Techniques.

Section 47135 of title 49, United States Code, is amended—

(1)

by striking subsections (a) and (b) and inserting the following:

“(a) Authority.—

“(1) In general.—The Secretary of Transportation may approve an application by an airport sponsor to use grants received under this subchapter for innovative financing techniques related to an airport development project that is located at an airport that is not a large hub airport.

“(2) Approval.—The Secretary may approve not more than 30 applications described under paragraph (1) in a fiscal year.

“(b) Purposes.—The purpose of grants made under this section shall be to—

“(1) provide information on the benefits and difficulties of using innovative financing techniques for airport development projects;

“(2) lower the total cost of an airport development project; or

“(3) expedite the delivery or completion of an airport development project without reducing safety or causing environmental harm.”

; and

(2)

in subsection (c)(2)—

(A)

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

(B)

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

(C)

by adding at the end the following:

“(E) any other techniques that the Secretary determines are consistent with the purposes of this section.”

SEC. 722. Long-Term Management Plans.

Section 47136(c) of title 49, United States Code is amended—

(1)

by striking “ applicants that will” and inserting the following:

“(1) will”

(2)

by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(2) provide a long-term management plan for eligible vehicles and equipment that includes the existing and future infrastructure requirements of the airport related to such vehicles and equipment.”

SEC. 723. Alternative Project Delivery.

(a)

In General.— Section 47142 of title 49, United States Code, is amended—

(1)

in the section heading by striking “ Design-build contracting” and inserting “ Alternative project delivery”;

(2)

in subsection (a)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking “ Administrator of the Federal Aviation Administration” and inserting “ Secretary of Transportation”; and

(ii)

by striking “ award a design-build” and inserting “ award a covered project delivery”;

(B)

in paragraph (2) by striking “ design-build” and inserting “ covered project delivery”; and

(C)

in paragraph (4) by striking “ design-build contract will” and inserting “ covered project delivery contract is projected to”; and

(3)

by striking subsection (c) and inserting the following:

“(c) Pilot Program.—

“(1) Pilot program.—Not later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts, as described in subsection (d)(2), to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104.

“(2) Application.—

“(A) Eligibility.—A sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under this chapter.

“(B) Approval.—The Secretary may approve the application of a sponsor of an airport submitted under paragraph (1) to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if—

“(i) the Secretary approves the application using criteria established by the Secretary;

“(ii) the integrated project delivery contract is in a form that is approved by the Secretary;

“(iii) the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant;

“(iv) the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project;

“(v) the Secretary is satisfied that there will be no conflict of interest; and

“(vi) the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process.

“(3) Reimbursement of costs.—

“(A) In general.—The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if—

“(i) the project funding is approved by the Secretary in advance;

“(ii) the project is carried out in accordance with all administrative and statutory requirements under this chapter; and

“(iii) the project is carried out under this chapter after a grant agreement has been executed.

“(B) Accounting.—Reimbursement of costs shall be based on transparent cost accounting or open book cost accounting.

“(d) Covered Project Delivery Contract Defined.—In this section, the term ‘covered project delivery contract’ means—

“(1) an agreement that provides for both design and construction of a project by a contractor through alternative project delivery methods, including construction manager-at-risk and progressive design build; or

“(2) a single contract for the delivery of a whole project that—

“(A) includes, at a minimum, the sponsor, builder, and architect-engineer as parties that are subject to the terms of the contract;

“(B) aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and

“(C) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.”

(b)

Briefing.— Not later than 2 years after the Secretary establishes the pilot program under section 47142(c) of title 49, United States Code (as amended by subsection (a)), the Secretary shall brief the appropriate committees of Congress on whether integrated project delivery or other covered project delivery contracts authorized under such section resulted in any project efficiencies.

(c)

Clerical Amendment.— The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47142 and inserting the following:

“47142. Alternative project delivery.”.

SEC. 724. Nonmovement Area Surveillance Surface Display Systems Pilot Program.

Section 47143(c) of title 49, United States Code, is amended by striking “ May 11, 2024” and inserting “ October 1, 2028”.

SEC. 725. Airport Accessibility.

(a)

In General.— Subchapter I of chapter 471 of title 49, United States Code, is amended by adding at the end the following:

“§ 47145. Pilot program for airport accessibility

“(a) In General.—The Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 701 note).

“(b) Use of Funds.—

“(1) In general.—Subject to paragraph (2), a sponsor shall use a grant awarded under this section—

“(A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities;

“(B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including—

“(i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the disability advisory committee of the recipient airport (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a disability organization, including an advocacy or nonprofit organization that represents or provides services to individuals with disabilities; or

“(ii) coordination by the disability advisory committee of the recipient airport with a protection and advocacy system, center for independent living, or such disability organization; or

“(C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a).

“(2) Limitation.—Eligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a).

“(c) Eligibility.—A sponsor may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities—

“(1) consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and

“(2) even if the related service, program, or activity, when viewed in the entirely of the service, program, or activity, is readily accessible and usable as so described.

“(d) Selection Criteria.—In making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing—

“(1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or

“(2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles.

“(e) Accessibility Commitment.—A sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that—

“(1) enhance the passenger experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by—

“(A) upgrading bathrooms, counters, or pumping rooms;

“(B) increasing audio and visual accessibility on information boards, security gates, or paging systems;

“(C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs);

“(D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or

“(E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft;

“(2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities;

“(3) establish a disability advisory committee if the airport is a small, medium, or large hub airport; and

“(4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance.

“(f) Coordination With Disability Advocacy Entities.—In administering grants under this section, the Secretary shall encourage—

“(1) engagement with disability advocacy entities (such as the disability advisory committee of the sponsor) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a disability organization, including an advocacy or nonprofit organization that represents or provides services to individuals with disabilities; and

“(2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration.

“(g) Federal Share of Costs.—The Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109.

“(h) Definitions.—In this section:

“(1) Center for independent living.—The term ‘center for independent living’ has the meaning given such term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).

“(2) Disability advisory committee.—The term ‘disability advisory committee’ means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features, and improving accessibility for individuals with disabilities at airports.

“(3) Protection and advocacy system.—The term ‘protection and advocacy system’ means a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).

“(i) Funding.—Notwithstanding any other provision of this chapter, for each of fiscal years 2025 through 2028, the Secretary may use up to $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year to carry out this section.”

(b)

Conforming Amendment.— The analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following:

“47145. Pilot program for airport accessibility.”.

SEC. 726. General Aviation Airport Runway Extension Pilot Program.

(a)

In General.— Subchapter I of chapter 471 of title 49, United States Code, is further amended by adding at the end the following:

“§ 47146. General aviation program runway extension pilot program

“(a) Establishment.—The Secretary of Transportation shall establish and carry out a pilot program to provide grants to general aviation airports to increase the usable runway length capability at such airports in order to—

“(1) expand access to such airports for larger aircraft; and

“(2) support the development and economic viability of such airports.

“(b) Grants.—

“(1) In general.—For the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year.

“(2) Use of funds.—A sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet in order to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length.

“(3) Eligibility.—To be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.

“(4) Selection.—In selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is—

“(A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application;

“(B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and

“(C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length.

“(c) Project Justification.—A project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding—

“(1) any benefit-cost analysis required under section 47115(d); or

“(2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014) (or any successor document).

“(d) Federal Share.—The Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109.

“(e) Report to Congress.—Not later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including—

“(1) information regarding the level of applicant interest in grants for increasing runway length;

“(2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of the FAA Reauthorization Act of 2024, based on data provided to the Secretary by the airport sponsor not later than 6 months before the submission date described in this subsection; and

“(3) a description, provided to the Secretary by the airport sponsor not later than 6 months before the submission date described in this subsection, of the economic development opportunities supported by increasing the runway length at general aviation airports.

“(f) Funding.—For each of fiscal years 2025 through 2028, the Secretary may use funds under section 47116(b)(2) to carry out this section.”

(b)

Clerical Amendment.— The analysis for subchapter I of chapter 471 of title 49, United States Code, is further amended by inserting after the item relating to section 47145 the following:

“47146. General aviation airport runway extension pilot program.”.

SEC. 727. Repeal of Obsolete Criminal Provisions.

Section 47306 of title 49, United States Code, and the item relating to such section in the analysis for chapter 473 of such title, are repealed.

SEC. 728. Transfers of Air Traffic Systems Acquired with Aip Funding.

(a)

In General.— Section 44502(e) of title 49, United States Code, is amended—

(1)

in paragraph (1) by striking “ An airport” and inserting “ Subject to paragraph (4), an airport in a non-contiguous State”;

(2)

in paragraph (3)—

(A)

in subparagraph (B) by striking “ or” at the end;

(B)

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

(C)

by adding at the end the following new subparagraph:

“(D) a Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights.”

; and

(3)

by adding at the end the following new paragraph:

“(4) Exception.—The requirement under paragraph (1) that an eligible air traffic system or equipment be purchased in part using a Government airport aid program, airport development aid program, or airport improvement project grant shall not apply if the air traffic system or equipment is installed at an airport that is categorized as a basic or local general aviation airport under the most recently published national plan of integrated airport systems under section 47103.”

(b)

Effective Date.— The amendments made by this section shall take effect beginning on October 1, 2024.

SEC. 729. National Priority System Formulas.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall review and update the National Priority System prioritization formulas contained in FAA Order 5090.5 to account for the amendments to chapter 471 of title 49, United States Code, made by this Act.

(b)

Required Consultation.— In revising the formulas under subsection (a), the Secretary shall consult with representatives of the following:

(1)

Primary airports, including large, medium, small, and nonhub airports.

(2)

Non-primary airports, including general aviation airports.

(3)

Airport trade associations, including trade associations representing airport executives.

(4)

State aviation officials, including associations representing such officials.

(5)

Air carriers, including mainline, regional, and low-cost air carriers.

(6)

Associations representing air carriers.

(c)

Priority Projects.— In revising the formulas under subsection (a), the Secretary shall assign the highest priority to projects that increase or maintain the safety, efficiency, and capacity of the aviation system.

SEC. 730. Minority and Disadvantaged Business Participation.

(a)

Findings.— Congress finds the following:

(1)

While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program under sections 47113 and 47107(e) of title 49, United States Code, respectively, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation.

(2)

Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. Such testimony and documentation show that race- and gender-neutral efforts alone are insufficient to address the problem.

(3)

The testimony and documentation described in paragraph (2) demonstrate that race and gender discrimination pose a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and other aspects of airport-related business in the public and private markets.

(4)

The testimony and documentation described in paragraph (2) provide a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business.

(b)

Supportive Services.— Section 47113 of title 49, United States Code, is amended by adding at the end the following:

“(f) Supportive Services.—

“(1) In general.—The Secretary, in coordination with the Administrator of the Federal Aviation Administration, may, at the request of an airport sponsor, provide assistance under a grant issued under this subchapter to develop, conduct, and administer training programs and assistance programs in connection with any airport improvement project subject to part 26 of title 49, Code of Federal Regulations, for small business concerns referred to in subsection (b) to achieve proficiency to compete, on an equal basis for contracts and subcontracts related to such projects.

“(2) Eligible entities.—An entity eligible to receive assistance under this section is—

“(A) a State;

“(B) a political subdivision of a State or local government;

“(C) a Tribal government;

“(D) an airport sponsor;

“(E) a metropolitan planning organization;

“(F) a group of entities described in subparagraphs (A) through (E); or

“(G) any other organization considered appropriate by the Secretary.”

SEC. 731. Extension of Provision Relating to Airport Access Roads in Remote Locations.

Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note) is amended, in the matter preceding paragraph (1), by striking “ 2018” and all that follows through “ 2024” and inserting “ 2024 through 2028”.

SEC. 732. Populous Counties Without Airports.

Notwithstanding any other provision of law, the Secretary may not deny inclusion in the national plan of integrated airport systems maintained under section 47103 of title 49, United States Code, to an airport or proposed airport if the airport or proposed airport—

(1)

is located in the most populous county (as such term is defined in section 2 of title 1, United States Code) of a State that does not have an airport listed in the national plan;

(2)

has an airport sponsor that was established before January 1, 2017;

(3)

is located more than 15 miles away from another airport listed in the national plan;

(4)

demonstrates how the airport will meet the operational activity required, through a forecast validated by the Secretary, within the first 10 years of operation;

(5)

meets FAA airport design standards;

(6)

submits a benefit-cost analysis;

(7)

presents a detailed financial plan to accomplish construction and ongoing maintenance; and

(8)

has the documented support of the State government for the entry of the airport or proposed airport into the national plan.

SEC. 733. Aip Handbook Update.

(a)

In General.— Not later than 3 years after the date of enactment of this Act, the Administrator shall revise the Airport Improvement Program Handbook (FAA Order 5100.38D) (in this section referred to as the “AIP Handbook”) to account for legislative changes to the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code, and to make such other changes as the Administrator determines necessary.

(b)

Requirements Relating to Alaska.— In revising the AIP Handbook under subsection (a) (and in any subsequent revision), the Administrator, in consultation with the Governor of Alaska, shall identify and incorporate reasonable exceptions to the general requirements of the AIP Handbook to meet the unique circumstances, and advance the safety needs, of airports in Alaska, including with respect to the following:

(1)

Snow Removal Equipment Building size and configuration.

(2)

Expansion of lease areas.

(3)

Shared governmental use of airport equipment and facilities in remote locations.

(4)

Ensuring the resurfacing or reconstruction of legacy runways to support—

(A)

aircraft necessary to support critical health needs of a community;

(B)

remote fuel deliveries; and

(C)

firefighting response.

(5)

The use of runway end identifier lights at airports in Alaska.

(c)

Additional Requirement.— In revising the AIP Handbook under subsection (a), the Administrator shall include updates to reflect whether a light emitting diode system is an appropriate replacement for any existing halogen system.

(d)

Public Comment.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Administrator shall publish a draft revision of the AIP Handbook and make such draft available for public comment for a period of not less than 90 days.

(2)

Review.— The Administrator shall—

(A)

review all comments submitted during the public comment period described under paragraph (1);

(B)

as the Administrator considers appropriate, incorporate changes based on such comments into the final revision of the Handbook; and

(C)

provide a response to all significant comments.

(e)

Interim Implementation of Changes.—

(1)

In general.— Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, the Administrator shall issue program guidance letters to provide for the interim implementation of amendments made by this Act to the Airport Improvement Program.

(2)

Alaska exceptions.— Not later than 60 days after the date on which the Administrator identified reasonable exceptions under subsection (b), the Administrator, in consultation with the Regional Administrator of the FAA Alaskan Region, shall issue program guidance letters to provide for the interim application of such exceptions.

SEC. 734. Gao Audit of Airport Financial Reporting Program.

(a)

Audit.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall initiate an audit of the airport financial reporting program of the FAA and provide recommendations to the Administrator on improvements to such program.

(b)

Requirements.— In conducting the audit required under subsection (a), the Comptroller General shall, at a minimum—

(1)

review relevant FAA guidance to airports, including the version of Advisory Circular 150/5100–19, titled “Operating and Financial Summary”, that is in effect on the date of enactment of this Act;

(2)

evaluate the information requested or required by the Administrator from airports for completeness and usefulness by the FAA and the public;

(3)

assess the costs associated with collecting, reporting, and maintaining such information for airports and the FAA;

(4)

determine if such information provided is—

(A)

updated on a regular basis to make such information useful; and

(B)

audited and verified in an appropriate manner;

(5)

assess if the Administrator has addressed the issues the Administrator discovered during the apportionment and disbursement of relief funds to airports under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) using inaccurate and aged airport financial data; and

(6)

determine whether the airport financial reporting program as structured as of the date of enactment of this Act provides value to the FAA, the aviation industry, or the public.

(c)

Report to Congress.— Not later than 3 months after the completion of the audit required under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report containing the findings of such audit and any recommendations provided to the Administrator to improve or alter the airport financial reporting program.

SEC. 735. Gao Study of Onsite Airport Generation.

(a)

Study.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study on the feasibility of installation and adoption of certain power generation property at airports which receive funding from the Federal Government.

(b)

Content.— In carrying out the study required under subsection (a), the Comptroller General shall examine—

(1)

any safety impacts of the installation and operation of such power generation property, either in aggregate or around certain locations or structures at the airport;

(2)

regulatory barriers to adoption;

(3)

benefits to adoption;

(4)

previous examples of adoptions;

(5)

impacts on other entities; and

(6)

previous examples of adoption and factors pertaining to previous examples of adoption, including—

(A)

novel uses beyond supplemental power generation, such as expanding nonresidential property around airports to minimize noise, power generation resilience, and market forces;

(B)

challenges identified in the installation process;

(C)

upfront and long-term costs, both foreseen and unforeseen;

(D)

funding sources used to pay for upfront costs; and

(E)

long-term savings.

(c)

Report.— Not later than 2 years after the initiation of the study under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study and any recommendations based on such results.

(d)

Power Generation Property Defined.— In this section, the term “power generation property” means equipment defined in section 48(a)(3)(A) of the Internal Revenue Code of 1986.

SEC. 736. Transportation Demand Management at Airports.

(a)

In General.— Not later than 2 years after the date of enactment of this Act, the Comptroller General shall conduct a study to examine the efficacy of transportation demand management strategies at United States airports.

(b)

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

(1)

whether transportation demand management strategies should be considered by airports when making infrastructure planning and construction decisions;

(2)

the impact of transportation demand management strategies on existing multimodal options to and from airports in the United States; and

(3)

best practices for developing transportation demand management strategies that can be used to improve access to airports for passengers and airport and airline personnel.

(c)

Report.— Upon completion of the study conducted under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report on such study.

(d)

Transportation Demand Management Strategy Defined.— In this section, the term “transportation demand management strategy” means the use of planning, programs, policy, marketing, communications, incentives, pricing, data, and technology to optimize travel modes, routes used, departure times, and number of trips.

SEC. 737. Coastal Airports Assessment.

(a)

In General.— Not later than 2 years after the date of enactment of this Act, the Administrator, in coordination with the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, and the Administrator of the National Oceanic and Atmospheric Administration, shall initiate an assessment on the resiliency of airports in coastal or flood-prone areas of the United States.

(b)

Contents.— The assessment required under subsection (a) shall—

(1)

examine the impact of hazardous weather and other environmental factors that pose risks to airports in coastal or flood-prone areas; and

(2)

identify and evaluate initiatives and best practices to prevent and mitigate the impacts of factors described in paragraph (1) on airports in coastal or flood-prone areas.

(c)

Report.— Upon completion of the assessment, the Administrator shall submit to the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives a report on—

(1)

the results of the assessment required under subsection (a); and

(2)

recommendations for legislative or administrative action to improve the resiliency of airports in coastal or flood-prone areas in the United States.

SEC. 738. Airport Investment Partnership Program.

Section 47134(b) of title 49, United States Code, is amended by adding at the end the following:

“(4) Benefit-cost analysis.—

“(A) In general.—Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis.

“(B) Finding.—If a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—

“(i) be issued not later than 60 days after the date on which the sponsor submits all information required by the Secretary;

“(ii) be based upon a collaborative review process that includes the sponsor or a representative of the sponsor;

“(iii) not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other provision of law; and

“(iv) not constitute any other obligation on the part of the Federal Government until the conditions specified in the final benefit-cost analysis are met.”

SEC. 739. Special Rule for Reclassification of Certain Unclassified Airports.

(a)

Request for Reclassification.—

(1)

In general.— Not later than September 30, 2024, a privately owned reliever airport (as such term is defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems of the FAA titled “National Plan of Integrated Airport Systems (NPIAS) 2023–2027”, published on September 30, 2022 may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a publicly owned airport.

(2)

Required information.— In submitting a request under paragraph (1), a privately owned reliever airport shall include the following information:

(A)

A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of FAA Order 5090.5, titled “Formulation of the NPIAS and ACIP” (or any successor guidance), to be classified as “Local” or “Basic” if the airport was publicly owned.

(B)

A report that—

(i)

identifies the role of the airport to the aviation system; and

(ii)

describes the long-term fiscal viability of the airport based on demonstrated aeronautical activity and associated revenues relative to ongoing operating and maintenance costs.

(b)

Eligibility Review.—

(1)

In general.— Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources of the airport and the quality of the environment, as prescribed by the Secretary.

(2)

Public sponsor.— In performing the eligibility review under paragraph (1), the Secretary—

(A)

may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for obtaining a public sponsor; and

(B)

may not require the airport to obtain a public sponsor.

(c)

Reclassification by Secretary.—

(1)

In general.— Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met:

(A)

The request includes the required information under subsection (a)(2).

(B)

The privately owned reliever airport, to the satisfaction of the Secretary—

(i)

passes the eligibility review performed under subsection (b); or

(ii)

submits a corrective action plan in accordance with paragraph (2).

(2)

Corrective action plan.— With respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), the Secretary shall provide notice of disapproval to such airport not later than 60 days after receiving the request under subsection (a)(1), and such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that—

(A)

resolves any shortcomings identified in such eligibility review; and

(B)

proves that any necessary corrective action has been completed by the airport.

(d)

Effective Date.— The reclassification of any privately owned reliever airport under this section shall take effect not later than—

(1)

October 1, 2025, for any request granted under subsection (c)(1); and

(2)

October 1, 2026, for any request granted after the submission of a corrective action plan under subsection (c)(2).

SEC. 740. Permanent Solar Powered Taxiway Edge Lighting Systems.

Not later than 2 years after the date of enactment of this Act, the Administrator shall produce an engineering brief that describes the acceptable use of permanent solar powered taxiway edge lighting systems at regional, local, and basic general aviation airports (as categorized in the most recent National Plan of Integrated Airport Systems of the FAA titled “National Plan of Integrated Airport Systems (NPIAS) 2023–2027”, published on September 30, 2022).

SEC. 741. Secondary Runways.

In approving grants for projects with funds made available pursuant to title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) under the heading “Federal Aviation Administration—Airport Infrastructure Grants”, the Administrator shall consider permitting a nonhub or small hub airport to use such funds to extend secondary runways, notwithstanding the level of operational activity at such airport.

SEC. 742. Increasing Energy Efficiency of Airports and Meeting Current and Future Energy Power Demands.

(a)

In General.— Section 47140 of title 49, United States Code, is amended to read as follows:

“§ 47140. Meeting current and future energy power demand

“(a) In General.—The Secretary of Transportation shall establish a program under which the Secretary shall—

“(1) encourage the sponsor of each public-use airport to—

“(A) conduct airport planning that assesses the airport’s—

“(i) current and future energy power requirements, including—

“(I) heating and cooling;

“(II) on-road airport vehicles and ground support equipment;

“(III) gate electrification;

“(IV) electric aircraft charging; and

“(V) vehicles and equipment used to transport passengers and employees between the airport and—

“(aa) nearby facilities owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or

“(bb) an intermodal surface transportation facility adjacent to the airport; and

“(ii) existing energy infrastructure condition, location, and capacity, including base load and backup power, to meet the current and future electrical power demand as identified in this subparagraph; and

“(B) conduct airport development to improve energy efficiency, increase peak load savings at the airport, and meet future electrical power demands as identified in subparagraph (A); and

“(2) reimburse the airport sponsor for the costs incurred in conducting the assessment under paragraph (1)(A).

“(b) Grants.—The Secretary shall make grants to airport sponsors from amounts made available under section 48103 to assist such sponsors that have completed the assessment described in subsection (a)(1)—

“(1) to acquire or construct equipment that will improve energy efficiency at the airport; and

“(2) to pursue an airport development project described in subsection (a)(1)(B).

“(c) Application.—To be eligible for a grant under paragraph (1), the sponsor of a public-use airport shall submit an application, including a certification that no safety projects are being deferred by requesting a grant under this section, to the Secretary at such time, in such manner, and containing such information as the Secretary may require.”

(b)

Clerical Amendment.— The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47140 and inserting the following:

“47140. Meeting current and future energy power demand.”.

SEC. 743. Review of Airport Layout Plans.

(a)

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

(1)

by striking subsection (a) and inserting the following:

“(a) [Reserved].”

; and

(2)

by striking subsection (b) and inserting the following:

“(b) [Reserved].”

(b)

Airport Layout Plan Approval Authority.— Section 47107 of title 49, United States Code, is amended—

(1)

in subsection (a)(16)—

(A)

by striking subparagraph (B) and inserting the following:

“(B) subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect;”

; and

(B)

in subparagraph (C)(i) by striking “ subparagraph (B)” and inserting “ subsection (x)”; and

(2)

by adding at the end the following:

“(x) Scope of Airport Layout Plan Review and Approval Authority of Secretary.—

“(1) Authority over projects on land acquired without federal assistance.—For purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may review and approve or disapprove only the portions of the plan (or any subsequent revision to the plan) that—

“(A) materially impact the safe and efficient operation of aircraft at, to, or from the airport;

“(B) adversely affect the safety of people or property on the ground as a result of aircraft operations; or

“(C) adversely affect the value of prior Federal investments to a significant extent.

“(2) Limitation on non-aeronautical review.—

“(A) In general.—The Secretary may not require an airport to seek approval for (including in the submission of an airport layout plan), or directly or indirectly regulate or place conditions on (including through any grant assurance), any project that is not subject to paragraph (1).

“(B) Review and approval authority.—If only a portion of a project proposed by an airport owner or operator is subject to the review and approval of the Secretary under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project.

“(3) Notice.—

“(A) In general.—An airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the review and approval authority of the Secretary, as described in this subsection, if the project was not on the most recently submitted airport layout plan of the airport.

“(B) Failure to object.—If not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the review and approval authority of the Secretary under subsection (a)(16)(B).”

SEC. 744. Protection of Safe and Efficient Use of Airspace at Airports.

(a)

Airspace Review Process Requirements.— The Administrator shall consider the following additional factors in the evaluation of cumulative impacts when making a determination of hazard or no hazard, or objection or no objection, as applicable, under part 77 of title 14, Code of Federal Regulations, regarding proposed construction or alteration within 3 miles of the runway ends and runway centerlines (as depicted in the FAA-approved Airport Layout Plan of the airport) on any land not owned by any such airport:

(1)

The accumulation and spacing of structures or other obstructions that might constrain radar or communication capabilities, thereby reducing the capacity of an airport, flight procedure minimums or availability, or aircraft takeoff or landing capabilities.

(2)

Safety risks of lasers, lights, or light sources, inclusive of lighted billboards and screens, affixed to structures, that may pose hazards to air navigation.

(3)

Water features or hazardous wildlife attractants, as defined by the Administrator.

(4)

Impacts to visual flight rule traffic patterns for both fixed and rotary wing aircraft, inclusive of special visual flight rule procedures established by Letters of Agreement between air traffic facilities, the airport, and flight operators.

(5)

Impacts to FAA-funded airport improvement projects, improvements depicted on or described in FAA-approved Airport Layout Plans and master plans, and preservation of the navigable airspace necessary for achieving the objectives and utilization of the projects and plans.

(b)

Required Information.— A notice submitted under part 77 of title 14, Code of Federal Regulations, shall include the following:

(1)

Actual designs of an entire project and property, without regard to whether a proposed construction or alteration within 3 miles of the end of a runway of an airport and runway centerlines as depicted in the FAA-approved Airport Layout Plan of the airport is limited to a singular location on a property.

(2)

If there are any changes to such designs or addition of equipment, such as cranes used to construct a building, after submission of such a notice, all information included with the notice submitted before such change or addition shall be resubmitted, along with information regarding the change or addition.

(c)

Expiration.—

(1)

In general.— Unless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, shall expire 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier.

(2)

After expiration.— Determinations under paragraph (1) are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation after such determination has expired.

(d)

Authority to Consolidate OEI Surface Criteria.— The Administrator may develop a single set of One Engine Inoperative surface criteria that is specific to an airport. The Administrator shall consult with the airport operator and flight operators that use such airport, on the development of such surface criteria.

(e)

Development of Policies to Protect OEI Surfaces.— Not later than 6 months after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress regarding the status of the efforts of the FAA to protect One Engine Inoperative surfaces from encroachment at United States certificated and federally obligated airports, including the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Airport Airspace Analysis processes.

(f)

Authority to Consult With Other Agencies.— The Administrator may consult with other Federal, State, or local agencies as necessary to carry out the requirements of this section.

(g)

Applicability.— This section shall only apply to an airport in a county adjacent to 2 States with converging intersecting cross runway operations within 12 nautical miles of an Air Force base.

SEC. 745. Electric Aircraft Infrastructure Pilot Program.

(a)

In General.— The Secretary may establish a pilot program under which airport sponsors may use funds made available under chapter 471 or section 48103 of title 49, United States Code, for use at up to 10 airports to carry out—

(1)

activities associated with the acquisition, by purchase or lease, operation, and installation of equipment to support the operations of electric aircraft, including interoperable electric vehicle charging equipment; and

(2)

the construction or modification of infrastructure to facilitate the delivery of power or services necessary for the use of electric aircraft, including—

(A)

on airport utility upgrades; and

(B)

associated design costs.

(b)

Eligibility.— A public-use airport is eligible for participation in the pilot program under this section if the Secretary finds that funds made available under subsection (a) would support—

(1)

electric aircraft operators at such airport, or using such airport; or

(2)

electric aircraft operators planning to operate at such airport with an associated agreement in place.

(c)

Sunset.— The pilot program established under subsection (a) shall terminate on October 1, 2028.

SEC. 746. Curb Management Practices.

Nothing in this Act shall be construed to prevent airports from—

(1)

engaging in curb management practices, including determining and assigning curb designations and regulations;

(2)

installing and maintaining upon any of the roadways or parts of roadways as many curb zones as necessary to aid in the regulation, control, and inspection of passenger loading and unloading; or

(3)

enforcing curb zones using sensor, camera, automated license plate recognition, and software technologies and issuing citations by mail to the registered owner of the vehicle.

SEC. 747. Notice of Funding Opportunity.

Notwithstanding part 200 of title 2, Code of Federal Regulations, or any other provision of law, funds made available as part of the Airport Improvement Program under subchapter I of chapter 471 or chapter 475 of title 49, United States Code, shall not be subject to any public notice of funding opportunity requirement.

SEC. 748. Runway Safety Projects.

In awarding grants under section 47115 of title 49, United States Code, for runway safety projects, the Administrator shall, to the maximum extent practicable—

(1)

reduce unnecessary or undesirable project segmentation; and

(2)

complete the entire project in an expeditious manner.

SEC. 749. Airport Diagram Terminology.

(a)

In General.— The Administrator shall update Airport Diagram Order JO 7910.4 and any related advisory circulars, policy, and guidance to ensure the clear and consistent use of terms to delineate the types of parking available to general aviation pilots.

(b)

Collaboration.— In carrying out subsection (a), the Administrator shall collaborate with industry stakeholders, commercial service airports, and general aviation airports in—

(1)

facilitating basic standardization of general aviation parking terms;

(2)

accounting for the majority of uses of general aviation parking terms; and

(3)

providing clarity for chart users.

(c)

IAC Specifications.— The Administrator shall encourage the Interagency Air Committee to incorporate the terms developed pursuant to subsection (a) in publications produced by the Committee.

SEC. 750. Gao Study on Fee Transparency by Fixed Based Operators.

(a)

In General.— The Comptroller General shall conduct a study reviewing the efforts of fixed based operators to meet their commitments to improve the online transparency of prices and fees for all aircraft and enhancing the customer experience for general and business aviation users.

(b)

Contents.— In conducting the study described in subsection (a), the Comptroller General, at a minimum, should evaluate the fixed based operator industry commitment to “Know Before You Go” best business practices including—

(1)

fixed based operators provisions for all general aviation and business aircraft types regarding a description of available services and a listing of applicable retail fuel prices, fees, and charges;

(2)

the accessibility of fees and charges described in paragraph (1) to aircraft operators on-line and in a user-friendly manner and with sufficient clarity that a pilot operating a particular aircraft type can determine what will be charged;

(3)

efforts by fixed based operators to invite and encourage customers to contact them so that operators can ask questions, know any options, and make informed decisions; and

(4)

any practices imposed by an airport operator that prevent fixed based operators from fully disclosing fees and charges.

(c)

Report Required.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review required under this section.

SEC. 751. Minority and Disadvantaged Business Participation.

Section 157(b)(2) of the FAA Reauthorization Act of 2018 (49 U.S.C. 47113 note) is amended by adding at the end the following:

“(D) Publishing data.—The Secretary of Transportation shall report on a publicly accessible website the uniform report of DBE awards/commitments and payments specified in part 26 of title 49, Code of Federal Regulations, and the uniform report of ACDBE Participation for non-car rental and car rental concessions, for each airport sponsor beginning with fiscal year 2025.”

SEC. 752. Prohibition on Certain Runway Length Requirements.

Notwithstanding any other provision of law, the Secretary may not require an airport to shorten the length or width of the runway, apron, or taxiway of the airport as a condition for the receipt of federal financial assistance if the airport directly supports a base of the United States Air Force or the Air National Guard at the airport, regardless of the stationing of military aircraft.

SEC. 753. Report on Indo-Pacific Airports.

The Administrator, in consultation with the Secretary of State, shall submit to Congress a report on airports of strategic importance in the Indo-Pacific region that includes each of the following:

(1)

An identification of airports and air routes critical to national security, defense operations, emergency response, and continuity of government activities.

(2)

An assessment of the economic impact and contribution of airports and air routes to national and regional economies.

(3)

An evaluation of the connectivity and accessibility of airports and air routes, including their importance in supporting domestic and international travel, trade, and tourism.

(4)

An analysis of infrastructure and technological requirements necessary to maintain and enhance the strategic importance of identified airports and air routes.

(5)

An identification of potential vulnerabilities, risks, and challenges faced by airports and air routes of strategic importance, including cybersecurity threats and physical infrastructure vulnerabilities.

(6)

Any recommendations for improving the security, resilience, and efficiency of the identified airports and air routes, including potential infrastructure investments and policy changes.

SEC. 754. Gao Study on Implementation of Grants at Certain Airports.

The Comptroller General shall conduct a study on the implementation of grants provided to airports located in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau under section 47115(i) of title 49, United States Code and submit to the appropriate committees of Congress a report on the results of such study.

SEC. 755. Gao Study on Transit Access.

(a)

In General.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall conduct a study on transit access to airports and submit to the appropriate committees of Congress a report on the results of such study.

(b)

Contents.— In carrying out the study under subsection (a), the Comptroller General shall review public transportation access to commercial service airports throughout the United States, including accessibility and other potential barriers for individuals.

SEC. 756. Banning Municipal Airport.

(a)

In General.— The United States, acting through the Administrator, shall release the City of Banning, California, from all restrictions, conditions, and limitations on the use, encumbrance, conveyance, and closure of the Banning Municipal Airport, as described in the most recent airport layout plan approved by the FAA, to the extent such restrictions, conditions, and limitations are enforceable by the Administrator.

(b)

Conditions.— The release under subsection (a) shall not be executed before the City of Banning, California, or its designee, transfers to the United States Government the following:

(1)

A reimbursement for 1983 grant the City of Banning, California received from the FAA for the purchase of 20 acres of land, at an amount equal to the fair market value for the highest and best use of the Banning Municipal Airport property determined in good faith by 2 independent and qualified real estate appraisers and an independent review appraiser on or after the date of the enactment of this Act.

(2)

An amount equal to the unamortized portion of any Federal development grants other than land paid to the City of Banning for use at the Banning Municipal Airport, which may be paid with, and shall be an allowable use of, airport revenue notwithstanding section 47107 or 47133 of title 49, United States Code.

(3)

For no consideration, all airport and aviation-related equipment of the Banning Municipal Airport owned by the City of Banning and determined by the FAA or the Department of Transportation of the State of California to be salvageable for use at other airports.

(c)

Rule of Construction.— Nothing in this section shall be construed to limit the applicability of—

(1)

the requirements and processes under section 46319 of title 49, United States Code;

(2)

the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(3)

the requirements and processes under part 157 of title 14, Code of Federal Regulations; or

(4)

the public notice requirements under section 47107(h)(2) of title 49, United States Code.

SEC. 757. Disputed Changes of Sponsorship at Federally Obligated, Publicly Owned Airport.

(a)

Approval Authority.—

(1)

In general.— Subject to paragraph (2), in the case of a disputed change of airport sponsorship, the Administrator shall have the sole legal authority to approve any change in the sponsorship of, or operational responsibility for, the airport from the airport sponsor of record to another public or private entity.

(2)

Exclusion.— This section shall not apply to a change of sponsorship or ownership of a privately-owned airport, a transfer under the Airport Investment Partnership Program, a change when the Federal Government exercises a right of reverter, or a change that is not disputed.

(b)

Conditions for Approval.—

(1)

In general.— Subject to paragraphs (2) and (3), the Administrator shall not approve any disputed change of airport sponsorship unless the Administrator receives—

(A)

written documentation from the airport sponsor of record consenting to the change in sponsorship or operation;

(B)

notice of a final, non-reviewable judicial decision requiring such change; or

(C)

notice of a legally-binding agreement between the parties involved.

(2)

Pending judicial review.— The Administrator may not evaluate or approve a disputed change of airport sponsorship where a legal dispute is pending before a court of competent jurisdiction.

(3)

Technical assistance.—

(A)

In general.— Any State or local legislative body or public agency considering whether to take an action (including by drafting legislation) that would impact the ownership, sponsorship, governance, or operations of a federally obligated, publicly owned airport may request from the Administrator, at any point in the deliberative process—

(i)

technical assistance regarding the interrelationship between Federal and State or local requirements applicable to any such action; and

(ii)

review and comment on such action.

(B)

Failure to seek technical assistance.— The Administrator may deny a change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport if a State or local legislative body or public agency does not seek technical assistance under subparagraph (A) with respect to such change.

(c)

Final Decision Authority.— In addition to the conditions outlined in subsection (b), the Administrator shall independently determine whether the proposed sponsor or operator is able to satisfy Federal requirements for airport sponsorship or operation and shall ensure, by requiring whatever terms and conditions the Administrator determines necessary, that any change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport is consistent with existing Federal law, regulations, existing grant assurances, and Federal land conveyance obligations.

(d)

Definition of Disputed Change of Airport Sponsorship.— In this section, the term “disputed change of airport sponsorship” means any action that seeks to change the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport, including any such change directed by judicial action or State or local legislative action, where the airport sponsor of record initially does not consent to such change.

SEC. 758. Procurement Regulations Applicable to Faa Multimodal Projects.

(a)

In General.— Any multimodal airport development project that uses grant funding from funds made available to the Administrator to carry out subchapter I of chapter 471 of title 49, United States Code, or airport infrastructure projects under the Infrastructure Investment and Jobs Act (Public Law 117–58) shall abide by the procurement regulations applicable to—

(1)

the FAA; and

(2)

subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively.

(b)

Multiple Component Projects.— In the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of such subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.

SEC. 759. Buckeye 940 Release of Deed Restrictions.

(a)

Purpose.— The purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and to permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust.

(b)

Release of Any and All Interest in Buckeye 940.—

(1)

In general.— Notwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940.

(2)

Terms and conditions.— The Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States.

(3)

No restriction on use of proceeds.— Notwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations.

(4)

Mineral reservation.— The Deed of Release described in paragraph (1) shall include the release of all interests of the United States to the mineral rights on Buckeye 940 included in the Quitclaim Deed.

(c)

Definitions.— In this section:

(1)

Buckeye 940.— The term “Buckeye 940” means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust.

(2)

Quitclaim deed.— The term “Quitclaim Deed” means the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949.

SEC. 760. Washington, Dc Metropolitan Area Special Flight Rules Area.

(a)

Submission of Study to Congress.— Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Homeland Security and the Secretary of Defense, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a study on the Special Flight Rules Area and the Flight Restricted Zone under subpart V of part 93 of title 14, Code of Federal Regulations.

(b)

Contents of Study.— In carrying out the study under subsection (a), the Administrator shall assess specific proposed changes to the Special Flight Rules Area and the Flight Restricted Zone that will decrease operational impacts and improve general aviation access to airports in the National Capital Region that are currently impacted by the Special Flight Rules Area and the Flight Restricted Zone.

(c)

Briefing.— Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the committees of Congress described in subsection (a) a briefing on the feasibility (including any associated costs) of—

(1)

installing equipment that allows a pilot to communicate with air traffic control using a very high frequency radio for the purposes of receiving an instrument flight rules clearance, activating a DC FRZ flight plan, or activating a DC SFRA flight plan (as applicable) at—

(A)

non-towered airports in the Flight Restricted Zone; and

(B)

airports in the Special Flight Rules Area that do not have the communications equipment described in this paragraph;

(2)

allowing a pilot approved by the Transportation Security Administration in accordance with section 1562.3 of title 49, Code of Federal Regulations, to electronically file a DC FRZ flight plan or instrument flight rules flight plan that departs from, or arrives at, an airport in the Flight Restricted Zone; and

(3)

allowing a pilot to electronically file a standard very high frequency radio flight plan that departs from, or arrives at, an airport in the Special Flight Rules Area or Flight Restricted Zone.

(d)

Definitions.— In this section:

(1)

DC frz flight plan; dc sfra flight plan.— The terms “DC FRZ flight plan” and “DC SFRA flight plan” have the meanings given such terms in section 93.335 of title 14, Code of Federal Regulations.

(2)

Standard vfr flight plan.— The term “standard VFR flight plan” means a VFR flight plan (as such term is described in section 91.153 of title 14, Code of Federal Regulations) that includes search and rescue services.

SEC. 761. Study on Air Cargo Operations in Puerto Rico.

(a)

In General.— No later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct a study on air cargo operations in Puerto Rico.

(b)

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

(1)

The economic impact of waivers authorized by the Secretary related to air cargo operations in Puerto Rico.

(2)

Recommendations for security measures that may be necessary to support increased air cargo operations in Puerto Rico.

(3)

Potential need for additional staff to safely accommodate additional air cargo operations.

(4)

Airport infrastructure improvements that may be needed in the 3 international airports located in Puerto Rico to support increased air cargo operations.

(5)

Alternatives to increase private stakeholder engagement and use of the 3 international airports in Puerto Rico to attract increased air cargo operations.

(6)

Possible national benefits of increasing air cargo operations in Puerto Rico.

(c)

Report.— Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study described in subsection (a).

SEC. 762. Progress Reports on the National Transition Plan Related to a Fluorine-Free Firefighting Foam.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that meets the performance standards referenced in chapter 6 of the advisory circular of the FAA titled “Aircraft Fire Extinguishing Agents”, issued on July 8, 2004 (Advisory Circular 150/5210–6D) and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports.

(b)

Required Information.— Each progress report under subsection (a) shall include the following:

(1)

An assessment of the progress made by the FAA with respect to providing part 139 airports with—

(A)

guidance from the Environmental Protection Agency on acceptable environmental limits relating to fluorine-free firefighting foam;

(B)

guidance from the Department of Defense on the transition of the Department of Defense to a fluorine-free firefighting foam;

(C)

best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and

(D)

timelines for the release of policy and guidance relating to the development of implementation plans for part 139 airports to obtain approved military specification products and firefighting personnel training.

(2)

A comprehensive list of the amount of aqueous film-forming firefighting foam at each part 139 airport as of the date of the submission of the progress report, including the amount of such firefighting foam held in firefighting equipment and the number of gallons regularly kept in reserve at each such airport.

(3)

An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports and local authorities with responsibility for inspection and oversight with guidance described in subparagraphs (A) and (B) of paragraph (1) as such guidance relates to the use of fluorine-free firefighting foam at such airports.

(4)

Any other information that the Administrator determines is appropriate.

(c)

Progress Report Termination Date.— The progress report termination date described in this subsection is the date on which the Administrator notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete.

(d)

Part 139 Airport Defined.— In this section, the term “part 139 airport” means an airport certified under part 139 of title 14, Code of Federal Regulations.

SEC. 763. Report on Airport Notifications.

Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the activities of the FAA with respect to—

(1)

collecting more accurate data in notices of construction, alteration, activation, and deactivation of airports as required under part 157 of title 14, Code of Federal Regulations; and

(2)

making the database under part 157 of title 14, Code of Federal Regulations, more accurate and useful for aircraft operators, particularly for helicopter and rotary wing type aircraft operators.

SEC. 764. Study on Competition and Airport Access.

Not later than 180 days after the date of enactment of this Act, the Secretary shall brief the appropriate committees of Congress on—

(1)

specific actions the Secretary and the Administrator, using existing legal authority, can take to expand access for lower cost passenger air carriers to capacity constrained airports in the United States, including New York John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport; and

(2)

any additional legal authority the Secretary and the Administrator require in order to make additional slots at New York John F. Kennedy International Airport and LaGuardia Airport and runway timings at Newark Liberty International Airport available to lower cost passenger air carriers.

SEC. 765. Regional Airport Capacity Study.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Administrator shall initiate a study on the following:

(1)

Existing FAA policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service.

(2)

Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity.

(3)

Whether Federal funding sources (existing as of the date of enactment of this Act) that are authorized by the Secretary could be used for such purposes.

(4)

Whether such Federal funding sources meet the needs of the national airspace system for adding new airport capacity outside of the commercial service airports in operation as of the date of enactment of this Act.

(5)

If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap.

(b)

Report.— Not later than 30 months 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 study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate.

(c)

Guidance.— Not later than 3 years after the date of enactment of this Act, the Administrator shall, if appropriate, revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.

SEC. 766. Study on Autonomous and Electric-Powered Track Systems.

(a)

Study.— The Administrator may conduct a study to determine the feasibility and economic viability of autonomous or electric-powered track systems that—

(1)

are located underneath the pavement at an airport; and

(2)

allow a transport category aircraft to taxi without the use of the main engines of the aircraft.

(b)

Briefing.— If the Administrator conducts a study under subsection (a), the Administrator shall provide a briefing to the appropriate committees of Congress on the results of such study.

SEC. 767. Pfas-Related Resources for Airports.

(a)

PFAS Replacement Program for Airports.— Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish a program to reimburse sponsors of eligible airports for the reasonable and appropriate costs incurred after September 12, 2023, and associated with any of the following:

(1)

The one-time initial acquisition by the sponsor of an eligible airport of an approved fluorine-free firefighting agent under Military Specification MIL–PRE–32725, dated January 12, 2023, in a quantity of—

(A)

the capacity of all required aircraft rescue and firefighting equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and

(B)

twice the quantity carried onboard each required truck available in the fire station for the eligible airport.

(2)

The disposal of perfluoroalkyl or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent, including aqueous film-forming agents currently in firefighting equipment and vehicles and any wastewater generated during the cleaning of firefighting equipment and vehicles.

(3)

The cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent.

(4)

The acquisition of any equipment, or components thereof, necessary to facilitate the transition to such approved fluorine-free firefighting agent.

(5)

The replacement of any aircraft rescue and firefighting equipment determined necessary to be replaced by the Secretary.

(b)

Distribution of Funds.—

(1)

Grants to replace aircraft rescue and firefighting vehicles.—

(A)

In general.— Of the amounts made available to carry out the PFAS replacement program, the Secretary shall reserve up to $30,000,000 to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free firefighting foam for the replacement of aircraft rescue and firefighting vehicles.

(B)

Amount.— The maximum amount of a grant made under subparagraph (A) may not exceed $2,000,000.

(2)

Remaining amounts.—

(A)

Determination of need.— With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine—

(i)

for each eligible airport, the total amount of such concentrate required for all of the federally required aircraft rescue and firefighting vehicles that meet index requirements under part 139, in gallons; and

(ii)

for all eligible airports, the total amount of firefighting foam concentrate, in gallons.

(B)

Determination of grant amounts.— The Secretary shall make a grant to the sponsor of each eligible airport in an amount equal to the product of—

(i)

the amount of funds made available to carry out this section that remain available after the Secretary reserves the amount described in paragraph (1); and

(ii)

the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii).

(c)

Program Requirements.—

(1)

In general.— The Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for approved fluorine-free firefighting foams.

(2)

Compliance with applicable law.— To be eligible for reimbursement under the program established under subsection (a), the sponsor of an eligible airport shall carry out all actions related to the acquisition, disposal, and transition to approved fluorine-free firefighting foams, including the cleaning and disposal of equipment, in full compliance with all applicable Federal laws in effect at the time of obligation of a grant under this section.

(3)

Federal share.— The Federal share of allowable costs under the PFAS replacement program shall be 100 percent.

(d)

Authorization of Appropriations.—

(1)

In general.— There is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program.

(2)

Requirements.— Amounts made available to carry out the PFAS replacement program shall—

(A)

remain available for expenditure for a period of 5 fiscal years; and

(B)

be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program.

(e)

Definitions.— In this section:

(1)

Eligible airport.— The term “eligible airport” means an airport holding an Airport Operating Certificate issued under part 139.

(2)

Part 139.— The term “part 139” means part 139 of title 14, Code of Federal Regulations.

(3)

PFAS replacement program.— The term “PFAS replacement program” means the program established under subsection (a).

SEC. 768. Limitation on Certain Rolling Stock Procurements.

(a)

In General.— Section 50101 of title 49, United States Code, is amended—

(1)

by striking “ (except section 47127)” each place it appears; and

(2)

by adding at the end the following:

“(d) Limitation on Certain Rolling Stock Procurements.—

“(1) In general.—Financial assistance made available under the provisions described in subsection (a) shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in an airport-related project if the manufacturer of the rolling stock—

“(A) is incorporated in or has manufacturing facilities in the United States; and

“(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—

“(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;

“(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and

“(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

“(2) Exception.—

“(A) In general.—For purposes of paragraph (1), the term ‘otherwise related legally or financially’ does not include—

“(i) a minority relationship or investment; or

“(ii) relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States.

“(B) Corporation based in people’s republic of china.—Notwithstanding subparagraph (A)(i), for purposes of paragraph (1), the term ‘otherwise related legally or financially’ includes a minority relationship or investment if the relationship or investment involves a corporation based in the People’s Republic of China.

“(3) International agreements.—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.

“(4) Waiver.—

“(A) In general.—The Secretary may waive the limitation described in paragraph (1) using the criteria described in subsection (b).

“(B) Notification.—Not later than 10 days after issuing a waiver under subparagraph (A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

(b)

Conforming Amendments.—

(1)

Restricting contract awards because of discrimination against united states goods or services.— Section 50102 of title 49, United States Code, is amended by striking “ (except section 47127)”.

(2)

Restriction on airport projects using products or services of foreign countries denying fair market opportunities.— Section 50104(b) of title 49, United States Code, is amended by striking “ (except section 47127)”.

(3)

Fraudulent use of made in america label.— Section 50105 of title 49, United States Code, is amended by striking “ (except section 47127)”.

SEC. 769. Maintaining Safe Fire and Rescue Staffing Levels.

(a)

Update to Regulation.— The Administrator shall update the regulations contained in section 139.319 of title 14, Code of Federal Regulations, to ensure that paragraph (4) of such section provides that at least 1 individual maintains certification at the emergency medical technician basic level, or higher, at a small, medium, or large hub airport.

(b)

Staffing Review.— Not later than 2 years after the date of enactment of this Act, the Administrator shall conduct a review of airport environments and related regulations to evaluate sufficient staffing levels necessary for firefighting, rescue, and emergency medical services and response at airports certified under part 139 of title 14, Code of Federal Regulations.

(c)

Report.— Not later than 1 year after completing the review under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report containing the results of the review.

SEC. 770. Grant Assurances.

(a)

General Written Assurances.— Section 47107(a) of title 49, United States Code, is amended—

(1)

in paragraph (20) by striking “ and” at the end;

(2)

in paragraph (21) by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(22) the airport owner or operator may not restrict or prohibit the sale or self-fueling of any 100-octane low lead aviation gasoline for purchase or use by operators of general aviation aircraft if such aviation gasoline was available at such airport at any time during calendar year 2022, until the earlier of—

“(A) December 31, 2030; or

“(B) the date on which the airport or any retail fuel seller at such airport makes available an unleaded aviation gasoline that—

“(i) has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and

“(ii) meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the Administrator.”

(b)

Civil Penalties for Grant Assurances Violations.— Section 46301(a) of title 49, United States Code, is further amended—

(1)

in paragraph (1)(A) by inserting “ section 47107(a)(22) (including any assurance made under such section),” after “ chapter 451,”; and

(2)

by adding at the end the following:

“(8) Failure to Continue Offering Aviation Fuel.—Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(22) (including any assurance made under such section) committed by a person, including if the person is an individual or a small business concern, shall be $5,000 for each day that the person is in violation of that section.”

SEC. 771. Aviation Fuel in Alaska.

(a)

In General.—

(1)

Prohibition on restriction of fuel usage or availability.— The Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall not restrict the continued use or availability of 100-octane low lead aviation gasoline in the State of Alaska until the earlier of—

(A)

December 31, 2032; or

(B)

6 months after the date on which the Administrator of the Federal Aviation Administration finds that an unleaded aviation fuel is widely commercially available at airports throughout the State of Alaska that—

(i)

has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gasoline; and

(ii)

meets either an industry consensus standard or other standard that facilitates and ensures the safe use, production, and distribution of such unleaded aviation fuel.

(2)

Savings clause.— Nothing in this section shall limit the authority of the Administrator of the Federal Aviation Administration or the Administrator of the Environmental Protection Agency to address the endangerment to public health and welfare posed by lead emissions—

(A)

in the United States outside of the State of Alaska; or

(B)

within the State of Alaska after the date specified in paragraph (1).

(b)

GAO Report on Transitioning to Unleaded Aviation Fuel in the State of Alaska.—

(1)

Evaluation.— The Comptroller General of the United States shall conduct an evaluation of the following:

(A)

The aircraft, routes, and supply chains in the State of Alaska utilizing leaded aviation gasoline, including identification of remote and rural communities that rely upon leaded aviation gasoline.

(B)

The estimated costs and benefits of transitioning aircraft and the supply chain in the State of Alaska to aviation fuel that meets the requirements described in clauses (i) and (ii) of section 47107(a)(22)(B) of title 49, United States Code, as added by section 770, including direct costs of new aircraft and equipment and indirect costs, including transportation from refineries to markets, foreign imports, and changes in leaded aviation gasoline prices as a result of reduced supply.

(C)

The programs of the Environmental Protection Agency, the Federal Aviation Administration, and other government agencies that can be utilized to assist individuals, communities, industries, and the State of Alaska with the costs described in subparagraph (B).

(D)

A reasonable time frame to permit any limitation on 100-octane low-lead aviation gasoline in the State of Alaska.

(E)

Other logistical considerations associated with the transition described in subparagraph (B).

(2)

Report.— Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit a report containing the results of the evaluation conducted under paragraph (1) to—

(A)

the Committee on Commerce, Science, and Transportation of the Senate;

(B)

the Committee on Environment and Public Works of the Senate;

(C)

the Committee on Transportation and Infrastructure of the House of Representatives; and

(D)

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

SEC. 772. Application of Amendments.

The amendments to the Airport Improvement Program apportionment and discretionary formulas under chapter 471 of title 49, United States Code, made by this Act (except as they relate to the extension of provisions or authorities expiring on May 10, 2024, or May 11, 2024) shall not apply in a fiscal year beginning before the date of enactment of this Act.

SEC. 773. Prohibition on Use of Amounts to Process or Administer Any Application for the Joint Use of Homestead Air Reserve Base with Civil Aviation.

No amounts appropriated or otherwise made available to the Federal Aviation Administration for fiscal years 2024 through 2028 may be used to process or administer any application for the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft.

SEC. 774. Universal Changing Station.

(a)

Grant Assurances.— Section 47107 of title 49, United States Code, as amended by section 743(b)(2), is further amended by adding at the end the following:

“(y) Universal Changing Station.—

“(1) In general.—In fiscal year 2030 and each fiscal year thereafter, the Secretary of Transportation may approve an application under this subchapter for an airport development project grant only if the Secretary receives written assurances that the airport owner or operator will install or maintain (in compliance with the requirements of section 35.133 of title 28, Code of Federal Regulations), as applicable—

“(A) at least 1 private, single-use room with a universal changing station that—

“(i) meets the standards established under paragraph (2)(A); and

“(ii) is accessible to all individuals for purposes of use by an individual with a disability in each passenger terminal building of the airport; and

“(B) signage at or near the entrance to the changing station indicating the location of the changing station.

“(2) Standards required.—Not later than 2 years after the date of enactment of this subsection, the United States Access Board shall—

“(A) establish—

“(i) comprehensive accessible design standards for universal changing tables; and

“(ii) standards on the privacy, accessibility, and sanitation equipment of the room in which such table is located, required to be installed, or maintained under this subsection; and

“(B) in establishing the standards under subparagraph (A), consult with entities with appropriate expertise relating to the use of universal changing stations used by individuals with disabilities.

“(3) Applicability.—

“(A) Airport size.—The requirement in paragraph (1) shall only apply to applications submitted by the airport sponsor of a medium or large hub airport.

“(B) Special rule.—The requirement in paragraph (1) shall not apply with respect to a project grant application for a period of time, determined by the Secretary, if the Secretary determines that construction or maintenance activities make it impracticable or unsafe for the universal changing station to be located in the sterile area of the building.

“(4) Exception.—Upon application by an airport sponsor, the Secretary may determine that a universal changing station in existence before the date of enactment of the FAA Reauthorization Act of 2024, complies with the requirements of paragraph (1) (including the standards established under paragraph (2)(A)), notwithstanding the absence of 1 or more of the standards or characteristics required under such paragraph.

“(5) Definition.—In this section:

“(A) Disability.—The term ‘disability’ has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

“(B) Sterile area.—The term ‘sterile area’ has the same meaning given that term in section 1540.5 of title 49, Code of Federal Regulations.

“(C) Universal changing station.—The term ‘universal changing station’ means a universal or adult changing station that meets the standards established by the United States Access Board under paragraph (2)(A).

“(D) United states access board.—The term ‘United States Access Board’ means the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)).”

(b)

Terminal Development Costs.— Section 47119(a) of title 49, United States Code, is amended by adding at the end the following:

“(4) Universal changing stations.—In addition to the projects described in paragraph (1), the Secretary may approve a project for terminal development for the construction or installation of a universal changing station (as defined in section 47107(y)) at a commercial service airport.”

SEC. 774A. Airport Human Trafficking Prevention Grants.

(a)

In General.— The Secretary shall establish a grant program to provide grants to airports described in subsection (b)(1) to address human trafficking awareness, education, and prevention efforts, including by—

(1)

coordinating human trafficking prevention efforts across multimodal transportation operations within a community; and

(2)

accomplishing the best practices and recommendations provided by the Department of Transportation Advisory Committee on Human Trafficking.

(b)

Distribution.—

(1)

In general.— The Secretary shall distribute amounts made available for grants under this section to—

(A)

the 75 airports in the United States with the highest number of passenger enplanements annually, based on the most recent data available; and

(B)

as the Secretary determines to be appropriate, an airport not described in subparagraph (A) that serves an area with a high prevalence of human trafficking, on application of the airport.

(2)

Priority; considerations.— In distributing amounts made available for grants under this section, the Secretary shall—

(A)

give priority in grant amounts to airports referred to in paragraph (1) that serve regions with a higher prevalence of human trafficking; and

(B)

take into consideration the effect the amounts would have on surrounding areas.

(3)

Consultation.— In distributing amounts made available for grants under this section, the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in determining the amounts to be distributed to each grant recipient to ensure the best use of the funds.

(c)

Authorization of Appropriations.— There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2025 through 2028.

SEC. 774B. Study on Improvements for Certain Nonhub Airports.

(a)

In General.— Not later than 90 days after the date of enactment of this section, the Comptroller General shall conduct a study on the challenges faced by nonhub airports not designated as essential air service communities and recommend ways to help secure and retain flight schedules using existing Federal programs, such as the Small Community Air Service Development program.

(b)

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

Subtitle B Passenger Facility Charges

SEC. 775. Additional Permitted Uses of Passenger Facility Charge Revenue.

Section 40117(a)(3) of title 49, United States Code, is amended by adding at the end the following:

“(H) A project at a small hub airport for a noise barrier where the day–night average sound level from commercial, general aviation, or cargo operations is expected to exceed 55 decibels as a result of new airport development.

“(I) A project for the replacement of existing workspace elements (including any associated in-kind facility or equipment within or immediately adjacent to a terminal development or renovation project at such airport) related to the relocation of a Federal agency on airport grounds due to such terminal development or renovation project for which development costs are eligible costs under this section.”

SEC. 776. Passenger Facility Charge Streamlining.

(a)

In General.— Section 40117 of title 49, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by striking “ The Secretary” and inserting “ Except as provided under subsection (l), the Secretary”; and

(ii)

by striking “ $1, $2, or $3” and inserting “ $1, $2, $3, $4, or $4.50”;

(B)

by striking paragraph (4);

(C)

by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively;

(D)

in paragraph (5), as so redesignated—

(i)

by striking “ paragraphs (1) and (4)” and inserting “ paragraph (1)”; and

(ii)

by striking “ paragraph (1) or (4)” and inserting “ paragraph (1)”; and

(E)

in paragraph (6)(A), as so redesignated—

(i)

by striking “ paragraphs (1), (4), and (6)” and inserting “ paragraphs (1) and (5)”; and

(ii)

by striking “ paragraph (1) or (4)” and inserting “ paragraph (1)”;

(2)

in subsection (e)(1)—

(A)

in subparagraph (A) by inserting “ or a passenger facility charge imposition is authorized under subsection (l)” after “ of this section”; and

(B)

in subparagraph (B) by inserting “ reasonable” after “ subject to”; and

(3)

in subsection (l)—

(A)

in the subsection heading, by striking “ Pilot Program for Passenger Facility Charge Authorizations” and inserting “ Passenger Facility Charge Streamlining”;

(B)

by striking paragraph (1) and inserting the following:

“(1) In general.—

“(A) Regulations.—The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges.

“(B) Passenger facility charge.—An eligible agency may impose a passenger facility charge of $1, $2, $3, $4, or $4.50 in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section.”

(C)

by striking paragraph (4) and inserting the following:

“(4) Acknowledgment of receipt and indication of objection.—

“(A) In general.—The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 60 days after receipt of the eligible agency’s notice.

“(B) Prohibited objection.—The Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, if the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) do not exceed the total cost of the project.

“(C) Allowed objection.—The Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that—

“(i) establishes significant policy precedent;

“(ii) raises significant legal issues;

“(iii) garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities;

“(iv) raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475;

“(v) includes multimodal components; or

“(vi) serves no aeronautical purpose.”

(D)

by striking paragraph (6); and

(E)

by redesignating paragraph (7) as paragraph (6).

(b)

Rulemaking.— Not later than 120 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking to implement the amendments made by subsection (a).

(c)

Interim Guidance.— The interim guidance established in the memorandum of the FAA titled “PFC 73–20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports”, issued on January 22, 2020, including any modification to such guidance necessary to conform with the amendments made by subsection (a), shall remain in effect until the effective date of the final rule issued under subsection (b).

Subtitle C Noise And Environmental Programs And Streamlining

SEC. 781. Streamlining Consultation Process.

Section 47101(h) of title 49, United States Code, is amended by striking “ shall” and inserting “ may”.

SEC. 782. Repeal of Burdensome Emissions Credit Requirements.

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

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking “ airport sponsors receive” and inserting “ airport sponsors may receive”;

(ii)

by striking “ carrying out projects” and inserting “ carrying out projects, including projects”; and

(iii)

by striking “ conditions” and inserting “ considerations”; and

(B)

in paragraph (2)—

(i)

by striking “ airport sponsor” and inserting “ airport sponsor, including for an airport outside of a nonattainment area or maintenance area,”;

(ii)

by striking “ only”;

(iii)

by striking “ or as offsets” and inserting “ , as offsets”; and

(iv)

by striking the period at the end and inserting “ , or as part of a State implementation plan.”;

(2)

by striking subsection (b); and

(3)

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

SEC. 783. Expedited Environmental Review and One Federal Decision.

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

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking “ develop and”; and

(ii)

by striking “ projects at congested airports” and all that follows through “ aviation security projects” and inserting “ projects, terminal development projects, general aviation airport construction or improvement projects, and aviation safety projects”; and

(B)

in paragraph (1) by striking “ better” and inserting “ streamlined”;

(2)

by striking subsection (b) and inserting the following:

“(b) Aviation Projects Subject to a Streamlined Environmental Review Process.—

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

“(2) Project designation criteria.—

“(A) In general.—The Secretary may designate an aviation safety project for priority environmental review.

“(B) Requirements.—A designated project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.

“(C) Guidelines.—

“(i) In general.—The Secretary shall establish guidelines for the designation of an aviation safety project or aviation security project for priority environmental review.

“(ii) Consideration.—Guidelines established under clause (i) shall provide for consideration of—

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

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

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

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

(3)

in subsection (c) by striking “ an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting “ a project described or designated under subsection (b)”;

(4)

in subsection (d) by striking “ each airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting “ a project described or designated under subsection (b)”;

(5)

in subsection (h) by striking “ designated under subsection (b)(3)” and all that follows through “ congested airports” and inserting “ described in subsection (b)(1)”;

(6)

in subsection (j)—

(A)

by striking “ For any” and inserting the following:

“(1) In general.—For any”

; and

(B)

by adding at the end the following:

“(2) Deadline.—The Secretary shall define the purpose and need of a project not later than 45 days after—

“(A) the submission of the appropriately completed proposed purpose and need description of the airport sponsor; and

“(B) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the Federal Aviation Administration.

“(3) Assistance.—The Secretary shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than 1 Federal agency.”

(7)

in subsection (k)—

(A)

by striking “ an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting “ a project described or designated under subsection (b)”;

(B)

by striking “ project shall consider” and inserting the following:

“(1) consider”

(C)

by striking the period at the end and inserting “ ; and”; and

(D)

by adding at the end the following:

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

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

“(B) changes necessary to ensure the agency is carrying out the obligations of that agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law.”

(8)

in subsection (l) by striking the period at the end and inserting “ and section 1503 of title 40, Code of Federal Regulations.”; and

(9)

by striking subsection (m) and inserting the following:

“(m) Coordination and Schedule.—

“(1) Coordination plan.—

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

“(B) Cloud-based, interactive digital platforms.—The Secretary is encouraged to utilize cloud-based, interactive digital platforms to meet community engagement and agency coordination requirements under subparagraph (A).

“(C) Schedule.—

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

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

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

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

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

“(II) resources available to the cooperating agencies;

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

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

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

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

“(iv) Dispute resolution.—

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

“(II) Responsibilities.—The Secretary and participating agencies shall—

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

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

“(III) Secretary responsibilities.—

“(aa) In general.—The Secretary shall make information available to each cooperating and participating agency and project sponsor as early as practicable in the environmental review regarding the environmental, historic, and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.

“(bb) Sources of information.—The information described in item (aa) may be based on existing data sources, including geographic information systems mapping.

“(IV) Cooperating and participating agency responsibilities.—Each cooperating and participating agency shall—

“(aa) identify, as early as practicable, any issues of concern regarding any potential environmental impacts of the project, including any issues that could substantially delay or prevent an agency from completing any environmental review or authorization required for the project; and

“(bb) communicate any issues described in item (aa) to the project sponsor.

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

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

“(VII) Further evaluation.—If a resolution has not been reached at the end of the 30-day period after a relevant milestone date or extension date after a dispute has been elevated to the designated official, the relevant agencies shall elevate the dispute to senior agency leadership for resolution.

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

“(E) Modification.—

“(i) In general.—Except as provided in clause (ii), the Secretary may lengthen or shorten a schedule established under subparagraph (C) for good cause. The Secretary may consider a decision by the project sponsor to change, modify, expand, or reduce the scope of a project as good cause for purposes of this clause.

“(ii) Limitations.—

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

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

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

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

“(ii) the Secretary shall—

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

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

“(G) Dissemination.—A copy of a schedule under subparagraph (C), and of any modifications to the schedule under subparagraph (E), shall be—

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

“(ii) made available to the public.

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

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

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

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

“(B) For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of not more than 45 days from availability of the materials on which comment is requested, unless—

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

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

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

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

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

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

“(n) Concurrent Reviews and Single NEPA Document.—

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

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

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

“(2) Single nepa document.—

“(A) In general.—To the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the Secretary.

“(B) Use of document.—

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

“(ii) Cooperation of participating agencies.—In carrying out this subparagraph, other participating agencies shall cooperate with the lead agency and provide timely information.

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

“(D) Exceptions.—The Secretary may waive the application of subparagraph (A) with respect to a project if—

“(i) the project sponsor requests that agencies issue separate environmental documents;

“(ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or

“(iii) the Secretary determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.

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

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

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

“(o) Environmental Impact Statement.—

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

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

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

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

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

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

“(3) Length of environmental document.—

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

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

“(p) Integration of Planning and Environmental Review.—

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

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

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

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

“(3) Adoption or incorporation by reference of planning products.—Such agency may—

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

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

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

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

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

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

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

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

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

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

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

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

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

“(iii) considered any resulting comments.

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

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

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

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

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

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

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

“(q) Report on NEPA Data.—

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

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

“(A) for an environmental impact statement—

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

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

“(B) for an environmental assessment—

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

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

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

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

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

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

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

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

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

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

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

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

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

“(i) project funding has been identified; and

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

“(4) Definitions.—In this section:

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

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

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

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

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

SEC. 784. Subchapter Iii Definitions.

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

(1)

in paragraph (3)(A) by striking “ and” at the end and inserting “ or”;

(2)

in paragraph (4)—

(A)

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

(B)

in subparagraph (B)—

(i)

by striking “ (B)”; and

(ii)

by redesignating clauses (i) and (ii) as subparagraphs (B) and (C), respectively;

(3)

by striking paragraph (5);

(4)

by redesignating paragraphs (3), (1), (4), (2), (6), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), respectively; and

(5)

by adding at the end the following:

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

SEC. 785. Pilot Program Extension.

Section 190 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note) is amended—

(1)

in subsection (a) by inserting “ in each fiscal year” after “ 6 projects”; and

(2)

in subsection (i) by striking “ 5 years” and all that follows through the period at the end and inserting “ on October 1, 2028.”.

SEC. 786. Part 150 Noise Standards Update.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Administrator shall review and revise, as appropriate, part 150 of title 14, Code of Federal Regulations, to reflect all relevant laws and regulations, including part 161 of title 14, Code of Federal Regulations.

(b)

Outreach.— As part of the review conducted under subsection (a), the Administrator shall clarify existing and future noise policies and standards and seek feedback from airports, airport users, and individuals living in the vicinity of airports and in airport adjacent communities before implementing any changes to any noise policies or standards.

(c)

Briefing.— Not later than 90 days after the date of enactment of this Act, and every 6 months thereafter, the Administrator shall brief the appropriate committees of Congress regarding the review conducted under subsection (a).

(d)

Sunset.— The requirement under subsection (c) shall terminate on the earlier of—

(1)

October 1, 2028; or

(2)

the date on which 1 briefing is provided under subsection (c) after the changes in subsection (a) are implemented.

SEC. 787. Reducing Community Aircraft Noise Exposure.

In implementing or substantially revising a flight procedure, the Administrator shall consider the following actions (to the extent that such actions do not negatively affect aviation safety or efficiency) to reduce undesirable aircraft noise:

(1)

Implement flight procedures that can mitigate the impact of aircraft noise, based on a consensus community recommendation.

(2)

Work with airport sponsors and potentially impacted neighboring communities in establishing or modifying aircraft arrival and departure routes.

(3)

In collaboration with local governments, discourage local encroachment of residential or other buildings near airports that could create future aircraft noise complaints or impact airport operations or aviation safety.

SEC. 788. Categorical Exclusions.

(a)

Categorical Exclusion for Projects of Limited Federal Assistance.— An action by the Administrator to approve, permit, finance, or otherwise authorize any airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA Order 1050.1F (or any successor document), if such project—

(1)

receives less than $6,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds or funds from charges collected under section 40117 of title 49, United States Code; or

(2)

has a total estimated cost of not more than $35,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total estimated project cost.

(b)

Categorical Exclusion in Emergencies.— An action by the Administrator to approve, permit, finance, or otherwise authorize an airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA Order 1050.1F (or any successor document), if such project is—

(1)

for the repair or reconstruction of any airport facility, runway, taxiway, or similar structure that is in operation or under construction when damaged by an emergency declared by the Governor of the State with concurrence of the Administrator or for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

(2)

in the same location with the same capacity, dimensions, and design as the original airport facility, runway, taxiway, or similar structure as before the declaration described in this section; and

(3)

commenced within a 2-year period beginning on the date of a declaration described in this section.

(c)

Extraordinary Circumstances.— The presumption that an action is covered by a categorical exclusion under subsections (a) and (b) shall not apply if the Administrator determines that extraordinary circumstances exist with respect to such action.

(d)

Rule of Construction.— Nothing in this section shall be construed to impact any aviation safety authority of the Administrator.

(e)

Definitions.— In this section:

(1)

Categorical exclusion.— The term “categorical exclusion” has the meaning given such term in section 1508.1(d) of title 40, Code of Federal Regulations.

(2)

Public-use airport; sponsor.— The terms “public-use airport” and “sponsor” have the meanings given such terms in section 47102 of title 49, United States Code.

SEC. 789. Updating Presumed to Conform Limits.

Not later than 24 months after the date of enactment of this Act, the Administrator shall take such actions as are necessary to update the FAA’s list of actions that are presumed to conform to a State implementation plan pursuant to section 93.153(f) of title 40, Code of Federal Regulations, to include projects relating to the construction of aircraft hangars.

SEC. 790. Recommendations on Reducing Rotorcraft Noise in District of Columbia.

(a)

Study.— The Comptroller General shall conduct a study on reducing rotorcraft noise in the District of Columbia.

(b)

Contents.— In carrying out the study under subsection (a), the Comptroller General shall consider—

(1)

the extent to which military operators consider operating over unpopulated areas outside of the District of Columbia for training missions;

(2)

the extent to which vehicles or aircraft other than conventional rotorcraft (such as unmanned aircraft) could be used for emergency and law enforcement response; and

(3)

the extent to which relevant operators and entities have assessed and addressed, as appropriate, the noise impacts of various factors of operating rotorcraft, including, at a minimum—

(A)

altitude;

(B)

the number of flights;

(C)

flight paths;

(D)

time of day of flights;

(E)

types of aircraft;

(F)

operating procedures; and

(G)

pilot training.

(c)

Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall brief the appropriate committees of Congress on preliminary observations, with a report to follow at a date agreed upon at the time of the briefing, containing—

(1)

the contents of the study conducted under subsection (a); and

(2)

any recommendations for the reduction of rotorcraft noise in the District of Columbia.

(d)

Relevant Operators and Entities Defined.— In this section, the term “relevant operators and entities” means—

(1)

the Chief of Police of the Metropolitan Police Department of the District of Columbia;

(2)

any medical rotorcraft operator that routinely flies a rotorcraft over the District of Columbia; and

(3)

any other operator that routinely flies a rotorcraft over the District of Columbia.

SEC. 791. Ufp Study.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academies under which the National Research Council shall carry out a study examining airborne ultrafine particles and the effect of such particles on airport-adjacent communities.

(b)

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

(1)

summarize the relevant literature and studies done on airborne UFPs worldwide;

(2)

focus on large hub airports;

(3)

examine airborne UFPs and the potential effect of such UFPs on airport-adjacent communities, including—

(A)

characteristics of UFPs present in the air;

(B)

spatial and temporal distributions of UFP concentrations;

(C)

primary sources of UFPs;

(D)

the contribution of aircraft and airport operations to the distribution of UFP concentrations compared to other sources;

(E)

potential health effects associated with elevated UFP exposures, including outcomes related to cardiovascular disease, respiratory infection and disease, degradation of neurocognitive functions, and other health effects; and

(F)

potential UFP exposures, especially to susceptible groups;

(4)

consider the concentration of UFPs resulting from various aviation fuel sources including aviation gasoline, sustainable aviation fuel, and hydrogen, to the extent practicable;

(5)

identify measures intended to reduce the release of UFPs; and

(6)

identify information gaps related to understanding potential relationships between UFP exposures and health effects, contributions of aviation-related emissions to UFP exposures, and the effectiveness of mitigation measures.

(c)

Coordination.— The Administrator may coordinate with the heads of such other agencies that the Administrator considers appropriate to provide data and other assistance necessary for the study.

(d)

Report.— Not later than 180 days after the National Research Council submits of the results of the study to the Administrator, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study carried out under subsection (a), including any recommendations based on such study.

(e)

Definition of Ultrafine Particle.— In this section, the terms “ultrafine particle” and “UFP” mean particles with diameters less than or equal to 100 nanometers.

SEC. 792. Aircraft Noise Advisory Committee.

(a)

Establishment.— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the “Advisory Committee”) to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations.

(b)

Membership.— The Administrator shall appoint the members of the Advisory Committee, which shall be comprised of—

(1)

at least 1 representative of each of—

(A)

engine manufacturers;

(B)

air carriers;

(C)

airport owners or operators;

(D)

aircraft manufacturers;

(E)

advanced air mobility manufacturers or operators; and

(F)

institutions of higher education; and

(2)

representatives of airport-adjacent communities from geographically diverse regions.

(c)

Duties.— The duties of the Advisory Committee shall include—

(1)

the evaluation of existing research on aircraft noise impacts and annoyance;

(2)

the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level standard, in consultation with the National Academies;

(3)

the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered;

(4)

the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and

(5)

other duties determined appropriate by the Administrator.

(d)

Reports.—

(1)

In general.— Not later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies.

(2)

Report to congress.— Not later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee.

(e)

Congressional Briefing.— Not later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the reason of the Administrator for not implementing the recommendation.

(f)

Consultation.— The Advisory Committee shall consult with other relevant Federal agencies, including the National Aeronautics and Space Administration, in carrying out the duties described in section (c).

SEC. 793. Community Collaboration Program.

(a)

Establishment.— The Administrator shall continue existing community engagement activities under the designation of a Community Collaboration Program (in this section referred to as the “Program”).

(b)

Responsibilities.—

(1)

In general.— In carrying out the Program, the Administrator shall facilitate and harmonize, as appropriate, policies and procedures carried out by various offices of the FAA pertaining to community engagement relating to—

(A)

airport planning and development;

(B)

noise and environmental policy;

(C)

NextGen implementation;

(D)

air traffic route changes;

(E)

integration of new and emerging entrants; and

(F)

other topics with respect to which community engagement is critical to program success.

(2)

Specified responsibilities.— In carrying out the Program, the Administrator shall be responsible for—

(A)

updating the internal guidance of the FAA for community engagement based on—

(i)

best practices of other Federal agencies and external organizations with expertise in community engagement;

(ii)

interviews with impacted residents; and

(iii)

recommendations solicited from individuals and local government officials in communities adversely impacted by aircraft noise;

(B)

coordinating with the Air Traffic Organization on community engagement efforts related to air traffic procedure changes to ensure that impacted communities are consulted in a meaningful way;

(C)

coordination with Regional Ombudsmen of the FAA;

(D)

oversight, streamlining, and increasing the responsiveness of the noise complaint process of the FAA by—

(i)

centralizing noise complaint data and improving data collection methodologies;

(ii)

ensuring such Regional Ombudsmen are consulted in local air traffic procedure development decisions; and

(iii)

collecting feedback from such Regional Ombudsmen to inform national policymaking efforts;

(E)

timely implementation of the recommendations, as appropriate, made by the Comptroller General to the Secretary contained in the report titled “Aircraft Noise: FAA Could Improve Outreach Through Enhanced Noise Metrics, Communication, and Support to Communities”, issued in September 2021 (GAO–21–103933) to improve the outreach of the FAA to local communities impacted by aircraft noise, including—

(i)

any recommendations to—

(I)

identify appropriate supplemental metrics for assessing noise impacts and circumstances for their use to aid in the internal assessment of the FAA of noise impacts related to proposed flight path changes;

(II)

update guidance to incorporate additional tools to more clearly convey expected impacts, such as other noise metrics and visualization tools; and

(III)

improve guidance to airports and communities on effectively engaging with the FAA; and

(ii)

any other recommendations included in the report that would assist the FAA in improving outreach to communities affected by aircraft noise;

(F)

ensuring engagement with local community groups as appropriate in conducting the other responsibilities described in this section; and

(G)

other responsibilities as considered appropriate by the Administrator.

(c)

Briefing.— Not later than 2 years after the Administrator implements the recommendations described in subsection (b)(2)(E), the Administrator shall brief the appropriate committees of Congress describing—

(1)

the implementation of each such recommendation;

(2)

how any recommended actions are assisting the Administrator in improving outreach to communities affected by aircraft noise and other community engagement concerns; and

(3)

any challenges or barriers that limit or prevent the ability of the Administrator to take such actions.

(d)

Rule of Construction.— Nothing in this section shall be construed to require the Administrator to alter the organizational structure of the FAA nor change the reporting structure of any employee.

SEC. 794. Information Sharing Requirement.

(a)

In General.— Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Administrator, shall establish a mechanism to make helicopter noise complaint data accessible to the FAA, to helicopter operators operating in the Washington, DC area, and to the public on a website of the FAA, based on the recommendation of the Government Accountability Office in the report titled “Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns”, published on January 7, 2021 (GAO–21–200).

(b)

Cooperation.— Any helicopter operator operating in the Washington, DC area shall, to the extent practicable, provide helicopter noise complaint data to the FAA through the mechanism established under subsection (a).

(c)

Definitions.— In this section:

(1)

Helicopter noise complaint data.— The term “helicopter noise complaint data”—

(A)

means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include—

(i)

the location and description of the event that is the subject of the complaint;

(ii)

the start and end time of such event;

(iii)

a description of the aircraft that is the subject of the complaint; and

(iv)

the airport name associated with such event; and

(B)

does not include the personally identifiable information of the individual who submitted the complaint.

(2)

Washington, dc area.— The term “Washington, DC area” means the area inside of a 30-mile radius surrounding Ronald Reagan Washington National Airport.

SEC. 795. Mechanisms to Reduce Helicopter Noise.

(a)

In General.— Not later than 3 years after the date of enactment of this Act, the Comptroller General shall initiate a study to examine ways in which a State, territorial, or local government may mitigate the negative impacts of commercial helicopter noise.

(b)

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

(1)

the varying degree of commercial helicopter operations in different communities; and

(2)

actions that State and local governments have taken, and authorities such governments have used, to reduce the impact of commercial helicopter noise and the success of such actions.

(c)

Report.— Not later than 2 years after the date of enactment of this Act, the Comptroller General shall provide to the appropriate committees of Congress a report on the findings of the study conducted under subsection (a).