US Codex
Pub. L.
Notes

Title XI — Miscellaneous

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

TITLE XI Miscellaneous

SEC. 1101. Technical Corrections.

(a)
Title 49 Analysis.— The analysis for title 49, United States Code, is amended by striking the item relating to subtitle IX and inserting the following:

“IX. MULTIMODAL FREIGHT TRANSPORTATION 70101”.

(b)
Subtitle I Analysis.— The analysis for subtitle I of title 49, United States Code, is amended by striking the item relating to chapter 7.
(c)
Subtitle VII Analysis.— The analysis for subtitle VII of title 49, United States Code, is amended by striking the item relating to chapter 448 and inserting the following:

“448. Unmanned Aircraft Systems 44801”.

(d)
Authority To Exempt.— Section 40109(b) of title 49, United States Code, is amended by striking “ sections 40103(b)(1) and (2) of this title” and inserting “ paragraphs (1) and (2) of section 40103(b)”.
(e)
Disposal of Property.— Section 40110(c)(4) of title 49, United States Code, is amended by striking “ subsection (a)(2)” and inserting “ subsection (a)(3)”.
(f)
General Procurement Authority.— Section 40110(d)(3) of title 49, United States Code, is further amended—
(1)
in subparagraph (B) by inserting “ , as in effect on October 9, 1996” after “ Policy Act”;
(2)
in subparagraph (C) by striking “ the Office of Federal Procurement Policy Act” and inserting “ division B of subtitle I of title 41”; and
(3)
in subparagraph (D) by striking “ section 27(e)(3)(A)(iv) of the Office of Federal Procurement Policy Act” and inserting “ section 2105(c)(1)(D) of title 41”.
(g)
Government-Financed Air Transportation.— Section 40118(g)(1) of title 49, United States Code, is amended by striking “ detection and reporting of potential human trafficking (as described in paragraphs (9) and (10)” and inserting “ detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12)”.
(h)
FAA Authority To Conduct Criminal History Record Checks.— Section 40130(a)(1)(A) of title 49, United States Code, is amended by striking “ (42 U.S.C. 14616)” and inserting “ (34 U.S.C. 40316)”.
(i)
Submissions of Plans.— Section 41313(c)(16) of title 49, United States Code, is amended by striking “ will consult” and inserting “ the foreign air carrier shall consult”.
(j)
Plans and Policy.— Section 44501(c) of title 49, United States Code, is amended—
(1)
in paragraph (2)(B)(i), by striking “ 40119,”; and
(2)
in paragraph (3) by striking “ Subject to section 40119(b) of this title and regulations prescribed under section 40119(b),” and inserting “ Subject to section 44912(d)(2) and regulations prescribed under such section,”.
(k)
Civil Penalty.— Section 44704(f) of title 49, United States Code, is amended by striking “ subsection (a)(6)” and inserting “ subsection (d)(3)”.
(l)
Use and Limitation of Amounts.— Section 44508 of title 49, United States Code, is amended by striking “ 40119,” each place it appears.
(m)
Structures Interfering With Air Commerce or National Security.— Section 44718(h) of title 49, United States Code, is amended to read as follows:

“(h) Definitions.—In this section, the terms ‘adverse impact on military operations and readiness’ and ‘unacceptable risk to the national security of the United States’ have the meaning given those terms in section 183a(h) of title 10.”

(n)
Meteorological Services.— Section 44720(b)(2) of title 49, United States Code, is amended—
(1)
by striking “ the Administrator to persons” and inserting “ the Administrator, to persons”; and
(2)
by striking “ the Administrator and to” and inserting “ the Administrator, and to”.
(o)
Aeronautical Charts.— Section 44721(c)(1) of title 49, United States Code, is amended by striking “ 1947,” and inserting “ 1947”.
(p)
Flight Attendant Certification.— Section 44728(c) of title 49, United States Code, is amended by striking “ Regulation,” and inserting “ Regulations,”.
(q)
Manual Surcharge.— The analysis for chapter 453 of title 49, United States Code, is amended by adding at the end the following:

“45306. Manual surcharge.”.

(r)
Schedule of Fees.— Section 45301(a) of title 49, United States Code, is amended by striking “ The Administrator shall establish” and inserting “ The Administrator of the Federal Aviation Administration shall establish”.
(s)
Judicial Review.— Section 46110(a) of title 49, United States Code, is amended by striking “ subsection (l) or (s) of section 114” and inserting “ subsection (l) or (r) of section 114”.
(t)
Civil Penalties.— Section 46301(a) of title 49, United States Code, is amended—
(1)
in the heading for paragraph (6), by striking “ Failure to collect airport security badges” and inserting “ Failure to collect airport security badges”; and
(2)
in paragraph (7), by striking “ Penalties relating to harm to passengers with disabilities” in the paragraph heading and inserting “ Penalties relating to harm to passengers with disabilities”.
(u)
Payments Under Project Grant Agreements.— Section 47111(e) of title 49, United States Code, is amended by striking “ fee” and inserting “ charge”.
(v)
Agreements for State and Local Operation of Airport Facilities.— Section 47124(b)(1)(B)(ii) of title 49, United States Code, is amended by striking the second period at the end.
(w)
Use of Funds for Repairs for Runway Safety Repairs.— Section 47144(b)(4) of title 49, United States Code, is amended by striking “ (42 U.S.C. 4121 et seq.)” and inserting “ (42 U.S.C. 5121 et seq.)”.
(x)
Metropolitan Washington Airports Authority.— Section 49106 of title 49, United States Code, is amended—
(1)
in subsection (a)(1)(B) by striking “ and section 49108 of this title”; and
(2)
in subsection (c)(6)(C) by inserting “ the” before “ jurisdiction”.
(y)
Separability and Effect of Judicial Order.— Section 49112(b) of title 49, United States Code, is amended—
(1)
by striking paragraph (1); and
(2)
by striking “ (2) Any action” and inserting “ Any action”.

SEC. 1102. Transportation of Organs.

(a)
In General.— Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall convene a working group (in this section referred to as the “working group”) to assist in developing best practices for transportation of an organ in the cabin of an aircraft operating under part 121 of title 14, Code of Federal Regulations, and to identify regulations that hinder such transportation, if applicable.
(b)
Composition.— The working group shall be comprised of representatives from the following:
(1)
Air carriers operating under part 121 of title 14, Code of Federal Regulations.
(2)
Organ procurement organizations.
(3)
Organ transplant hospitals.
(4)
Flight attendants.
(5)
Other relevant Federal agencies involved in organ transportation or air travel.
(c)
Considerations.— In establishing the best practices described in subsection (a), the working group shall consider—
(1)
a safe, standardized process for acceptance, handling, management, and transportation of an organ in the cabin of such aircraft; and
(2)
protocols to ensure the safe and timely transport of an organ in the cabin of such aircraft, including through connecting flights.
(d)
Recommendations.— Not later than 1 year after the convening of the working group, such working group shall submit to the Secretary a report containing recommendations for the best practices described in subsection (a).
(e)
Definition of Organ.— In this section, the term “organ”—
(1)
has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and
(2)
includes—
(A)
organ-related tissue;
(B)
bone marrow; and
(C)
human cells, tissues, or cellular or tissue-based products (as such term is defined in section 1271.3(d) of title 21, Code of Federal Regulations).

SEC. 1103. Acceptance of Digital Driver’s License and Identification Cards.

The Administrator shall take such actions as may be necessary to accept, in any instance where an individual is required to submit government-issued identification to the Administrator, a digital or mobile driver’s license or identification card issued to such individual by a State.

SEC. 1104. Quasquicentennial of Aviation.

(a)
Findings.— Congress finds the following:
(1)
December 17, 2028, is the 125th anniversary of the first successful manned, free, controlled, and sustained flight by an aircraft.
(2)
The first flight by Orville and Wilbur Wright in Kitty Hawk, North Carolina, is a defining moment in the history of the United States and the world.
(3)
The Wright brothers’ achievement is a testament to their ingenuity, perseverance, and commitment to innovation, which has inspired generations of aviators and scientists alike.
(4)
The advent of aviation and the air transportation industry has fundamentally transformed the United States and the world for the better.
(5)
The 125th anniversary of the Wright brothers’ first flight is worthy of recognition and celebration to honor their legacy and to inspire a new generation of Americans as aviation reaches an inflection point of innovation and change.
(b)
Sense of Congress.— It is the sense of Congress that the Secretary, the Administrator, and the heads of other appropriate Federal agencies should facilitate and participate in local, national, and international observances and activities that commemorate and celebrate the 125th anniversary of powered flight.

SEC. 1105. Limitations for Certain Cargo Aircraft.

(a)
In General.— The standards adopted by the Administrator of the Environmental Protection Agency in part 1030 of title 40, Code of Federal Regulations, and the requirements in part 38 of title 14, Code of Federal Regulations, that were finalized by the Administrator of the FAA under the final rule titled “Airplane Fuel Efficiency Certification”, and published on February 16, 2024 (89 Fed. Reg. 12634) in part 38 of title 14, Code of Federal Regulations, shall not apply to any covered airplane before the date that is 5 years after January 1, 2028.
(b)
Operational Limitation.— The Administrator shall limit to domestic use or international operations, consistent with relevant international agreements and standards, the operation of any covered airplane that—
(1)
does not meet the standards and requirements described in subsection (a); and
(2)
received an original certificate of airworthiness issued by the Administrator on or after January 1, 2028.
(c)
Definitions.— In this section:
(1)
Covered airplane.— The term “covered airplane” means an airplane that—
(A)
is a subsonic jet that is a purpose-built freighter;
(B)
has a maximum takeoff mass greater than 180,000 kilograms but not greater than 240,000 kilograms; and
(C)
has a type design certificated prior to January 1, 2023.
(2)
Purpose-built freighter.— The term “purpose-built freighter” means any airplane that—
(A)
was configured to carry cargo rather than passengers prior to receiving an original certificate of airworthiness; and
(B)
is configured to carry cargo rather than passengers.

SEC. 1106. Prohibition on Mandates.

(a)
Prohibition on Mandates.— The Administrator may not require any contractor to mandate that employees of such contractor obtain a COVID–19 vaccine or enforce any condition regarding the COVID–19 vaccination status of employees of a contractor.
(b)
Prohibition on Implementation.— The Administrator may not implement or enforce any requirement that—
(1)
employees of air carriers be vaccinated against COVID–19;
(2)
employees of the FAA be vaccinated against COVID–19; or
(3)
passengers of air carriers be vaccinated against COVID–19 or wear a mask as a result of a COVID–19 related public health measure.

SEC. 1107. Covid–19 Vaccination Status.

(a)
In General.— Chapter 417 of title 49, United States Code, is further amended by adding at the end the following:

“§ 41729. COVID–19 vaccination status

“(a) In General.—An air carrier (as such term is defined in section 40102) may not deny service to any individual solely based on the vaccination status of the individual with respect to COVID–19.

“(b) Rule of Construction.—Nothing in this section shall be construed to apply to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.”

(b)
Clerical Amendment.— The analysis for chapter 417 of title 49, United States Code, is further amended by inserting after the item relating to section 41728 the following:

“41729. COVID–19 vaccination status.”.

(c)
Rule of Construction.— Nothing in this section, or the amendment made by this section, shall be construed to permit or otherwise authorize an executive agency to enact or otherwise impose a COVID–19 vaccine mandate.

SEC. 1108. Rulemaking Related to Operating High-Speed Flights in High Altitude Class E Airspace.

Not later than 2 years after the date on which the Administrator identifies the minimum altitude pursuant to section 1011, the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under section 1011 without specific authorization, provided that such flight operations—
(1)
show compliance with airworthiness requirements;
(2)
do not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions;
(3)
have ordinary instrument flight rules clearances necessary to operate in controlled airspace; and
(4)
comply with applicable environmental requirements.

SEC. 1109. Faa Leadership in Hydrogen Aviation.

(a)
In General.— The Administrator shall exercise leadership in the development of Federal regulations, standards, best practices, and guidance relating to the safe and efficient certification of the use of hydrogen in civil aviation, including the certification of hydrogen-powered commercial aircraft.
(b)
Exercise of Leadership.— In carrying out subsection (a), the Administrator shall—
(1)
develop a viable path for the certification of the safe use of hydrogen in civil aviation, including hydrogen-powered aircraft, that considers existing frameworks, modifying an existing framework, or developing new standards, best practices, or guidance to complement the existing frameworks, as appropriate;
(2)
review certification regulations, guidance, and other requirements of the FAA to identify ways to safely and efficiently certify hydrogen-powered commercial aircraft;
(3)
consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when developing regulations and standards that enable the safe certification and deployment of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft, in the national airspace system; and
(4)
obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia, research institutions, and other stakeholders regarding—
(A)
an appropriate regulatory framework and timeline for permitting the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft in the United States, which may include updating or modifying existing regulations;
(B)
how to accelerate the resolution of issues related to data, standards development, and related regulations necessary to facilitate the safe and efficient certification of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft; and
(C)
other issues identified and determined appropriate by the Administrator or the advisory committee established under section 1019(d)(7) to be addressed to enable the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft.

SEC. 1110. Advancing Global Leadership on Civil Supersonic Aircraft.

Section 181 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(1)
in subsection (a) by striking “ regulations, and standards” and inserting “ regulations, standards, and recommended practices”; and
(2)
by adding at the end the following new subsection:

“(g) Additional Reports.—

“(1) Initial progress report.—Not later than 1 year after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report describing—

“(A) the progress of the actions described in subsection (d)(1);

“(B) any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including such actions identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and

“(C) any other information determined appropriate by the Administrator.

“(2) Subsequent report.—Not later than 2 years after the date on which the Administrator submits the initial progress report under paragraph (1), the Administrator shall update the report described in paragraph (1) and submit to the appropriate committees of Congress such report.”

SEC. 1112. Counter-Uas Authorities.

Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C. 124n(i)) is amended by striking “ May 11, 2024” and inserting “ October 1, 2024”.

SEC. 1113. Study on Air Cargo Operations.

(a)
In General.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study on the economic sustainability of air cargo operations.
(b)
Contents.— In conducting the study required under subsection (a), the Comptroller General shall address the following:
(1)
Airport and cargo development strategies, including the pursuit of new air carriers and plans for physical expansion.
(2)
Key historical statistics for passenger, cargo volumes, including freight, express, and mail cargo, and operations, including statistics distinguishing between passenger and freight operations.
(3)
A description of air cargo facilities, including the age and condition of such facilities and the square footage and configuration of the landside and airside infrastructure of such facilities, and cargo buildings.
(4)
The projected square footage deficit of the cargo facilities and infrastructure described in paragraph (3).
(5)
The projected requirements and square footage deficit for air cargo support facilities.
(6)
The general physical and operating issues and constraints associated with air cargo operations.
(7)
A description of delays in truck bays associated with the infrastructure and critical landside issues, including truck maneuvering and queuing and parking for employees and customers.
(8)
The estimated cost of developing new cargo facilities and infrastructure, including the identification of percentages for development with a return on investment and without a return on investment.
(9)
The projected leasing costs to tenants per square foot with and without Federal funding of the non-return on investment allocation.
(10)
A description of customs and general staffing issues associated with air cargo operations and the impacts of such issues on service.
(11)
An assessment of the impact, cost, and estimated cost savings of using modern comprehensive communications and technology systems in air cargo operations.
(12)
A description of the impact of Federal regulations and local enforcement of interdiction and facilitation policies on throughput.
(c)
Report.— The Comptroller General shall submit to the appropriate committees of Congress the results of the study carried out under this section.

SEC. 1114. Wing-In-Ground-Effect Craft.

(a)
Memorandum of Understanding.—
(1)
In general.— Not later than 24 months after the date of enactment of this Act, the Administrator and the Commandant of the Coast Guard shall execute a memorandum of understanding governing the specific roles, authorities, delineations of responsibilities, resources, and commitments of the FAA and the Coast Guard, respectively, pertaining to wing-in-ground-effect craft that are—
(A)
only capable of operating either in water or in ground effect over water; and
(B)
operated exclusively over waters subject to the jurisdiction of the United States.
(2)
Contents.— The memorandum of understanding described in paragraph (1) shall—
(A)
cover, at a minimum, the processes of the FAA and the Coast Guard will follow to promote communications, efficiency, and nonduplication of effort in carrying out such memorandum of understanding; and
(B)
provide procedures for, at a minimum—
(i)
the approval of wing-in-ground-effect craft designs;
(ii)
the operation of wing-in-ground-effect craft, including training and certification of persons responsible for operating such craft;
(iii)
pilotage of wing-in-ground-effect craft;
(iv)
the inspection, including pre-delivery and service, of wing-in-ground-effect craft; and
(v)
the maintenance of wing-in-ground-effect craft.
(b)
Status Briefing.— Not later than 1 year after the date of enactment of this Act, the Administrator and the Commandant shall brief the appropriate committees of Congress on the status of the memorandum of understanding described in subsection (a) as well as provide any recommendations for legislative action to improve efficacy or efficiency of wing-in-ground-effect craft governance.
(c)
Wing-in-ground-effect Craft Defined.— In this section, the term “wing-in-ground-effect craft” means a craft that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the craft and the surface of the water.

SEC. 1115. Certificates of Authorization or Waiver.

(a)
Required Coordination.—
(1)
In general.— On an annual basis, the Administrator shall convene a meeting with representatives of FAA-approved air shows, the general aviation community, stadiums and other large outdoor events and venues or organizations that run such events, the Department of Homeland Security, and the Department of Justice—
(A)
to identify scheduling conflicts between FAA-approved air shows and large outdoor events and venues where—
(i)
flight restrictions will be imposed pursuant to section 521 of division F of the Consolidated Appropriations Act, 2004 (49 U.S.C. 40103 note); or
(ii)
any other restriction will be imposed pursuant to FAA Flight Data Center Notice to Airmen 4/3621 (or any successor notice to airmen); and
(B)
in instances where a scheduling conflict between events is identified or is found to be likely to occur, develop appropriate operational and communication procedures to ensure for the safety and security of both events.
(2)
Scheduling conflict.— If the Administrator or any other stakeholder party to the required annual coordination required in paragraph (1) identifies a scheduling conflict outside of the annual meeting at any point prior to the scheduling conflict, the Administrator shall work with impacted stakeholders to develop appropriate operational and communication procedures to ensure for the safety and security of both events.
(b)
Operational Purposes.— Section 521(a)(2)(B) of division F of the Consolidated Appropriations Act, 2004 (49 U.S.C. 40103 note) is amended—
(1)
in clause (ii) by inserting “ (or attendees approved by)” after “ guests of”;
(2)
in clause (iv) by striking “ and” at the end; and
(3)
by adding at the end the following:

“(vi) to permit the safe operation of an aircraft that is operated by an airshow performer in connection with an airshow, provided such aircraft is not permitted to operate directly over the stadium (or adjacent parking facilities) during the sporting event; and”

SEC. 1116. Designation of Additional Port of Entry for the Importation and Exportation of Wildlife and Wildlife Products by the United States Fish and Wildlife Service.

(a)
In General.— Subject to the availability of funding and in accordance with subsection (b), the Director of the United States Fish and Wildlife Service shall designate 1 additional port as a “port of entry designated for the importation and exportation of wildlife and wildlife products” under section 14.12 of title 50, Code of Federal Regulations.
(b)
Criteria for Selecting Additional Designated Port.— The Director shall select the additional port to be designated pursuant to subsection (a) from among the United States airports that handled more than 8,000,000,000 pounds of cargo during 2022, as reported by the Federal Aviation Administration Air Carrier Activity Information System, and based upon the analysis submitted to Congress by the Director pursuant to the Wildlife Trafficking reporting directive under title I of Senate Report 114–281.
(c)
Authority to Accept Donations.— The Director may accept donations from private entities and, notwithstanding section 3302 of title 31, United States Code, may use those donations to fund the designation of the additional port pursuant to subsection (a).