§ 40101. Policy

Pub. L. 118–63, title X, subtitle B, May 16, 2024, 138 Stat. 1406, provided that: “SEC. 1041. DEFINITIONS.“In this subtitle:“(1) Advanced air mobility.—The term ‘advanced air mobility’ means a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft. “(2) Interagency working group.—The term ‘interagency working group’ means the advanced air mobility and unmanned aircraft systems interagency working group of the National Science and Technology Council established under section 1042. “(3) Labor organization.—The term ‘labor organization’ has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—“(A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and “(B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—“(i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; “(ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or “(iii) individuals employed as agricultural laborers. “(4) National laboratory.—The term ‘National Laboratory’ has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). “(5) Technical standard.—The term ‘technical standard’ has the meaning given such term in section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995 [Pub. L. 104–113] (15 U.S.C. 272 note). “(6) Unmanned aircraft system.—The term ‘unmanned aircraft system’ has the meaning given such term in section 44801 of title 49, United States Code. “SEC. 1042. INTERAGENCY WORKING GROUP.“(a) Designation.—“(1) In general.—The National Science and Technology Council shall establish or designate an interagency working group on advanced air mobility and unmanned aircraft systems to coordinate Federal research, development, deployment, testing, and education activities to enable advanced air mobility and unmanned aircraft systems. “(2) Membership.—The interagency working group shall be comprised of senior representatives from NASA [National Aeronautics and Space Administration], the Department of Transportation, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Institute of Standards and Technology, Department of Homeland Security, and such other Federal agencies as appropriate. “(b) Duties.—The interagency working group shall—“(1) develop a strategic research plan to guide Federal research to enable advanced air mobility and unmanned aircraft systems and oversee implementation of the plan; “(2) oversee the development of—“(A) an assessment of the current state of United States competitiveness and leadership in advanced air mobility and unmanned aircraft systems, including the scope and scale of United States investments in relevant research and development; and “(B) strategies to strengthen and secure the domestic supply chain for advanced air mobility systems and unmanned aircraft systems; “(3) facilitate communication and outreach opportunities with academia, industry, professional societies, State, local, Tribal, and Federal governments, and other stakeholders; “(4) facilitate partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, National Laboratories, unmanned aircraft systems test range (as defined in section 44801 of title 49, United States Code), academic institutions, and others; “(5) coordinate with the advanced air mobility working group established under section 2 of the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) [set out below] and heads of other Federal departments and agencies to avoid duplication of research and other activities to ensure that the activities carried out by the interagency working group are complementary to those being undertaken by other interagency efforts; and “(6) coordinate with the National Security Council and other authorized agency coordinating bodies on the assessment of risks affecting the existing Federal unmanned aircraft systems fleet and outlining potential steps to mitigate such risks. “(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], and every 2 years thereafter until December 31, 2028, the interagency working group shall transmit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report that includes a summary of federally funded advanced air mobility and unmanned aircraft systems research, development, deployment, and testing activities, including the budget for each of the activities described in this paragraph. “(d) Rule of Construction.—The interagency working group shall not be construed to conflict with or duplicate the work of the interagency working group established under the advanced air mobility working group established by the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203). “SEC. 1043. STRATEGIC RESEARCH PLAN.“(a) In General.—Not later than 2 years after the date of enactment of this Act, the interagency working group shall develop and periodically update, as appropriate, a strategic plan for Federal research, development, deployment, and testing of advanced air mobility systems and unmanned aircraft systems. “(b) Considerations.—In developing the plan required under subsection (a), the interagency working group shall consider and use—“(1) information, reports, and studies on advanced air mobility and unmanned aircraft systems that have identified research, development, deployment, and testing needed; “(2) information set forth in the national aviation research plan developed under section 44501(c) of title 49, United States Code; and “(3) recommendations made by the National Academies in the review of the plan under subsection (d). “(c) Contents of the Plan.—In developing the plan required under subsection (a), the interagency working group shall—“(1) determine and prioritize areas of advanced air mobility and unmanned aircraft systems research, development, demonstration, and testing requiring Federal Government leadership and investment; “(2) establish, for the 10-year period beginning in the calendar year the plan is submitted, the goals and priorities for Federal research, development, and testing which will—“(A) support the development of advanced air mobility technologies and the development of an advanced air mobility research, innovation, and manufacturing ecosystem; “(B) take into account sustained, consistent, and coordinated support for advanced air mobility and unmanned aircraft systems research, development, and demonstration, including through grants, cooperative agreements, testbeds, and testing facilities; “(C) apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems; “(D) inform the development of voluntary consensus technical standards and best practices for the development and use of advanced air mobility and unmanned aircraft systems; “(E) support education and training activities at all levels to prepare the United States workforce to use and interact with advanced air mobility systems and unmanned aircraft systems; “(F) support partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, the National Laboratories, Center of Excellence for Unmanned Aircraft Systems Research of the FAA [Federal Aviation Administration], unmanned aircraft systems test ranges (as defined in section 44801 of title 49, United States Code), academic institutions, labor organizations, and others to advance research activities; “(G) leverage existing Federal investments; and “(H) promote hardware interoperability and open-source systems; “(3) support research and other activities on the impacts of advanced air mobility and unmanned aircraft systems on national security, safety, economic, legal, workforce, and other appropriate societal issues; “(4) reduce barriers to transferring research findings, capabilities, and new technologies related to advanced air mobility and unmanned aircraft systems into operation for the benefit of society and United States competitiveness; “(5) in consultation with the Council of Economic Advisers, measure and track the contributions of unmanned aircraft systems and advanced air mobility to United States economic growth and other societal indicators; and “(6) identify relevant research and development programs and make recommendations for the coordination of relevant activities of the Federal agencies and set forth the role of each Federal agency in implementing the plan. “(d) National Academies of Sciences, Engineering, and Medicine Evaluation.—The Administrator [of the Federal Aviation Administration] shall seek to enter into an agreement with the National Academies to review the plan every 5 years. “(e) Public Participation.—In developing the plan under subsection (a), the interagency working group shall consult with representatives of stakeholder groups, which may include academia, research institutions, and State, industry, and labor organizations. Not later than 90 days before the plan, or any revision thereof, is submitted to Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. “(f) Reports to Congress on the Strategic Research Plan.—“(1) Progress report.—Not later than 1 year after the date of enactment of this Act, the interagency working group described in section 1042 of this Act shall transmit to the covered committees of Congress a report that describes the progress in developing the plan required under this section. “(2) Initial report.—Not later than 2 years after the date of enactment of this Act, the interagency working group shall transmit to the covered committees of Congress the strategic research plan developed under this section. “(3) Biennial report.—Not later than 1 year after the transmission of the initial report under paragraph (2) and every 2 years thereafter until December 31, 2033, the interagency working group shall transmit to the covered committees of Congress a report that includes an analysis of the progress made towards achieving the goals and priorities for the strategic research plan. “SEC. 1044. FEDERAL AVIATION ADMINISTRATION UNMANNED AIRCRAFT SYSTEM AND ADVANCED AIR MOBILITY RESEARCH AND DEVELOPMENT.“(a) In General.—Consistent with the research plan in section 1043, the Administrator, in coordination with the Administrator of NASA and other Federal agencies, shall carry out and support research, development, testing, and demonstration activities and technology transfer, and activities to facilitate the transition of such technologies into application to enable advanced air mobility and unmanned aircraft systems and to facilitate the safe integration of advanced air mobility and unmanned aircraft systems into the national airspace system, in areas including—“(1) beyond visual-line-of-sight operations; “(2) command and control link technologies; “(3) development and integration of unmanned aircraft system traffic management into the national airspace system; “(4) noise and other societal and environmental impacts; “(5) informing the development of an industry consensus vehicle-to-vehicle standard; “(6) safety, including collisions between advanced air mobility and unmanned aircraft systems of various sizes, traveling at various speeds, and various other crewed aircraft or various parts of other crewed aircraft of various sizes and traveling at various speeds; and “(7) detect-and-avoid capabilities. “(b) Duplicative Research and Development Activities.—The Administrator shall ensure that research and development and other activities conducted under this section do not duplicate other Federal activities related to the integration of unmanned aviation systems or advanced air mobility. “(c) Lessons Learned.—The Administrator shall apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems. “(d) Research on Approaches to Evaluating Risk.—The Administrator shall conduct research on approaches to evaluating risk in emerging vehicles, technologies, and operations for unmanned aircraft systems and advanced air mobility systems. Such research shall include—“(1) defining quantitative metrics, including metrics that may support the Administrator in making determinations, and research to inform the development of requirements, as practicable, for the operations of certain unmanned aircraft systems, as described under section 44807 of title 49, United States Code; “(2) developing risk-based processes and criteria to inform the development of regulations and certification of complex operations, to include autonomous beyond-visual-line-of-sight operations, of unmanned aircraft systems of various sizes and weights, and advanced air mobility systems; and “(3) considering the utility of performance standards to make determinations under section 44807 of title 49, United States Code. “(e) Report.—Not later than 9 months after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the actions taken by the Administrator to implement provisions under this section that includes—“(1) a summary of the costs and results of research under subsection (a)(6); “(2) a description of plans for and progress toward the implementation of research and development under subsection (d); “(3) a description of the progress of the FAA in using research and development to inform FAA certification guidance and regulations of—“(A) large unmanned aircraft systems, including those weighing more than 55 pounds; and “(B) extended autonomous and remotely piloted operations beyond visual line of sight in controlled and uncontrolled airspace; and “(4) a current plan for full operational capability of unmanned aircraft systems traffic management, as described in section 376 the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 44802 note). “(f) Parallel Efforts.—“(1) In general.—Research and development activities under this section may be conducted concurrently with the deployment of technologies outlined in (a) and in carrying out the [sic] this title and title IX [of Pub. L. 118–63; see Tables for classification]. “(2) Rule of construction.—Nothing in this section shall be construed to delay appropriate actions to deploy the technologies outlined in subsection (a), including the deployment of beyond visual-line-of-sight operations of unmanned aircraft systems, or delay the Administrator in carrying out this title and title IX, or limit FAA use of existing risk methodologies to make determinations pursuant to section 44807 of title 49, United States Code, prior to completion of relevant research and development activities. “(3) Practices and regulations.—The Administrator shall, to the maximum extent practicable, use the results of research and development activities conducted under this section to inform decisions on whether and how to maintain or update existing regulations and practices, or whether to establish new practices or regulations. “SEC. 1045. PARTNERSHIPS FOR RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TESTING.“(a) Study.—The Administrator shall seek to enter into an arrangement with the National Academy of Public Administration to examine research, development, demonstration, and testing partnerships of the FAA to advance unmanned aircraft systems and advanced air mobility and to facilitate the safe integration of unmanned aircraft systems into the national airspace system. “(b) Considerations.—The Administrator shall ensure that the entity carrying out the study in subsection (a) shall—“(1) identify existing FAA partnerships with external entities, including academia and Centers of Excellence, industry, and nonprofit organizations, and the types of such partnership arrangements; “(2) examine the partnerships in paragraph (1), including the scope and areas of research, development, demonstration, and testing carried out, and associated arrangements for performing research and development activities; “(3) review the extent to which the FAA uses the results and outcomes of each partnership to advance the research and development in unmanned aircraft systems; “(4) identify additional research and development areas, if any, that may benefit from partnership arrangements, and whether such research and development would require new partnerships; “(5) identify any duplication of ongoing or planned research, development, demonstration, or testing activities; “(6) identify effective and appropriate means for publication and dissemination of the results and sharing with the public, commercial, and research communities related data from such research, development, demonstration, and testing conducted under such partnerships; “(7) identify effective mechanisms, either new or already existing, to facilitate coordination, evaluation, and information-sharing among and between such partnerships; “(8) identify effective and appropriate means for facilitating technology transfer activities within such partnerships; “(9) identify the extent to which such partnerships broaden participation from groups historically underrepresented in science, technology, engineering, and mathematics, including computer science and cybersecurity, and include participation by industry, workforce, and labor organizations; and “(10) review options for funding models best suited for such partnerships, which may include cost-sharing and public-private partnership models with industry. “(c) Transmittal.—Not later than 12 months after the date of enactment of this Act, the Administrator shall transmit to the covered committees of Congress the study described in subsection (a).”

Acceptance of Digital Driver’s License and Identification Cards

Pub. L. 118–63, title XI, § 1103, May 16, 2024, 138 Stat. 1415, provided that: “The Administrator [of the Federal Aviation Administration] 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.”

Wing-In-Ground-Effect Craft

Pub. L. 118–63, title XI, § 1114, May 16, 2024, 138 Stat. 1420, provided that: “(a) Memorandum of Understanding.—“(1) In general.—Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] 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 [Federal Aviation Administration] 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 [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] 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.”

Advanced Air Mobility Infrastructure Pilot Program

Pub. L. 117–328, div. Q, § 101, Dec. 29, 2022, 136 Stat. 5246, as amended by Pub. L. 118–63, title IX, § 960, May 16, 2024, 138 Stat. 1383, provided that: “(a) Establishment.—Not later than 180 days after the date of enactment of this section [Dec. 29, 2022], the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States. “(b) Planning Grants.—“(1) In general.—The Secretary shall provide grants to eligible entities to develop comprehensive plans under paragraph (2) related to AAM infrastructure. “(2) Comprehensive plan.—“(A) In general.—Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan, including the development of potential public use or private-owned vertiport infrastructure, as well as the use of existing airport and heliport infrastructure that may require modifications to safely accommodate AAM operations,, [sic] in a format capable of being published on the website of the Department of Transportation. “(B) Plan contents.—The Secretary shall establish content requirements for comprehensive plans submitted under this subsection, which shall include as many of the following as possible:“(i) The identification of planned or potential public use and private-owned vertiport locations. “(ii) A description of infrastructure necessary to support AAM operations. “(iii) A description of types of planned or potential AAM operations and a forecast for proposed locations for operations, including estimates for initial operations and future growth. “(iv) The identification of physical and digital infrastructure required to meet any standards and guidance for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hardware or software. “(v) A description of any hazard associated with planned or potential urban air mobility and regional air mobility operations, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning. “(vi) A description of potential environmental effects of planned or potential construction or siting of vertiports, including efforts to reduce potential aviation noise. “(vii) A description of how planned or potential vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and networks, including— “(I) connectivity to existing public transportation hubs and intermodal and multimodal facilities for AAM operations; “(II) opportunities to create new service to rural areas and areas underserved by air transportation; or “(III) any potential conflict with existing aviation infrastructure that may arise from the planned or potential location of the vertiport. “(viii) A description of how vertiport planning will be incorporated in State or metropolitan planning documents. “(ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or potential AAM operations, such as engagement with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities to address equity of access. “(x) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport or the modification of aviation infrastructure. “(xi) The identification of existing Federal aeronautical and airspace requirements that must be met for the eligible entity’s planned or potential vertiport location. “(xii) The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infrastructure, and activities related to other capital costs. “(3) Application.—To apply for a grant under this subsection, an eligible entity shall provide to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. “(4) Selection.—“(A) In general.—In awarding grants under this subsection, the Secretary shall consider the following:“(i) Geographic diversity. “(ii) Diversity of the proposed models of infrastructure financing and management. “(iii) Diversity of proposed or planned AAM operations. “(iv) The need for comprehensive plans that— “(I) ensure the safe and efficient integration of AAM operations into the National Airspace System; “(II) improve transportation safety, connectivity, access, and equity in both rural and urban regions in the United States; “(III) leverage existing public transportation systems and intermodal and multimodal facilities; “(IV) reduce surface congestion and the environmental impacts of transportation; “(V) grow the economy and create jobs in the United States; and “(VI) encourage community engagement when planning for AAM-related infrastructure. “(B) Priority.—The Secretary shall prioritize awarding grants under this subsection to eligible entities that collaborate with commercial AAM entities, institutions of higher education, research institutions, the Department of Defense, the National Guard, or other relevant stakeholders to develop and prepare a comprehensive plan. “(C) Minimum allocation to rural areas.—The Secretary shall ensure that not less than 20 percent of the amounts made available under subsection (c) are used to award grants to eligible entities that submit a comprehensive plan under paragraph (2) that is related to infrastructure located in a rural area. “(5) Grant amount.—Each grant made under this subsection shall be made in an amount that is not more than $1,000,000. “(6) Briefing.—“(A) In general.—Not later than 180 days after the first comprehensive plan is submitted under paragraph (2), and every 180 days thereafter through September 30, 2027, the Secretary shall provide a briefing to the appropriate committees of Congress on the comprehensive plans submitted to the Secretary under such paragraph. “(B) Contents.—The briefing required under subparagraph (A) shall include—“(i) an evaluation of all planned or potential vertiport locations included in the comprehensive plans submitted under paragraph (2) and how such planned or potential vertiport locations may fit into the overall United States transportation system and network; “(ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities; and “(iii) a description of— “(I) initial community engagement efforts and responses from the public on the planning and development efforts of eligible entities related to urban air mobility and regional air mobility operations; “(II) how eligible entities are planning for and encouraging early adoption of urban air mobility and regional air mobility operations; “(III) what role each level of government plays in the process; and “(IV) whether such entities recommend specific regulatory or guidance actions be taken by the Secretary or any other head of a Federal agency in order to support such early adoption. “(c) Authorization of Appropriations.—“(1) Authorization.—Out of amounts made available under section 106(k) of title 49, United States Code, there are authorized to carry out this section $12,500,000 for each of fiscal years 2023 through 2026, to remain available until expended. “(2) Administrative expenses.—Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to establish and administer the pilot program under this section. “(d) Termination.—“(1) In general.—No grant may be awarded under this section after September 30, 2026. “(2) Continued funding.—Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2026—“(A) for grants awarded prior to September 30, 2026; and “(B) for administrative expenses. “(e) Definitions.—In this section:“(1) Advanced air mobility; aam; regional air mobility; urban air mobility; vertiport.—The terms ‘advanced air mobility’, ‘AAM’, ‘regional air mobility’, ‘urban air mobility’, and ‘vertiport’ have the meaning given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act [Pub. L. 117–203] (49 U.S.C. 40101 note). “(2) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(3) Commercial aam entities.—The term ‘commercial AAM entities’ means—“(A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM; “(B) intended commercial operators of AAM aircraft and systems; and “(C) intended commercial operators and developers of vertiports. “(4) Eligible entity.—The term ‘eligible entity’ means—“(A) a State, local, or Tribal government, including a political subdivision thereof; “(B) an airport sponsor; “(C) a transit agency; “(D) a port authority; “(E) a metropolitan planning organization; or “(F) any combination or consortium of the entities described in subparagraphs (A) through (E). “(5) Metropolitan planning organization.—The term ‘metropolitan planning organization’ has the meaning given such term in section 5303(b) of title 49, United States Code. “(6) Rural area.—The term ‘rural area’ means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget). “(7) Secretary.—The term ‘Secretary’ means the Secretary of Transportation. “(8) State.—The term ‘State’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. “(f) Rule of Construction.—Nothing in this section may be construed as conferring upon any person, State, local, or Tribal government the authority to determine the safety of any AAM operation or the feasibility of simultaneous operations by AAM and conventional aircraft within any given area of the national airspace system.”

National Aviation Preparedness Plan

Pub. L. 117–328, div. Q, § 105, Dec. 29, 2022, 136 Stat. 5253, provided that: “(a) In General.—Not later than 2 years after the date of enactment of this section [Dec. 29, 2022], the Secretary of Transportation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agencies as the Secretary of Transportation considers appropriate, shall develop a national aviation preparedness plan for communicable disease outbreaks. “(b) Contents of Plan.—The plan developed under subsection (a) shall, at a minimum—“(1) provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans, including the emergency response plans, of such airports and air carriers and provide guidance as to each individual plan; “(2) improve coordination among airports, air carriers, the Transportation Security Administration, U.S. Customs and Border Protection, the Centers for Disease Control and Prevention, other appropriate Federal entities, and State and local governments and health agencies with respect to preparing for and responding to communicable disease outbreaks; “(3) to the extent practicable, improve coordination among relevant international entities; “(4) create a process to identify appropriate personal protective equipment, if any, for covered employees to reduce the likelihood of exposure to a covered communicable disease, and thereafter issue recommendations for the equipage of such employees; “(5) create a process to identify appropriate techniques, strategies, and protective infrastructure, if any, for the cleaning, disinfecting, and sanitization of aircraft and enclosed facilities owned, operated, or used by an air carrier or airport, and thereafter issue recommendations pertaining to such techniques, strategies, and protective infrastructure; “(6) create a process to evaluate technologies and develop procedures to effectively screen passengers for communicable diseases, including through the use of temperature checks if appropriate, for domestic and international passengers, crew members, and other individuals passing through airport security checkpoints; “(7) identify and assign Federal agency roles in the deployment of emerging and existing technologies and solutions to reduce covered communicable diseases in the aviation ecosystem; “(8) clearly delineate the responsibilities of the sponsors and operators of airports, air carriers, and Federal agencies in responding to a covered communicable disease; “(9) incorporate, as appropriate, the recommendations made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled ‘Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System’s Preparedness’, issued in December 2015 (GAO-16-127); “(10) consider the latest peer-reviewed scientific studies that address communicable disease with respect to air transportation; and “(11) consider funding constraints. “(c) Consultation.—When developing the plan under subsection (a), the Secretary of Transportation shall consult with aviation industry and labor stakeholders, including representatives of—“(1) air carriers, which shall include domestic air carriers consisting of major air carriers, low-cost carriers, regional air carriers and cargo carriers; “(2) airport operators, including with respect to large hub, medium hub, small hub, and nonhub commercial service airports; “(3) labor organizations that represent airline pilots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers; “(4) the labor organization certified under section 7111 of title 5, United States Code, as the exclusive bargaining representative of air traffic controllers of the Federal Aviation Administration; “(5) the labor organization certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration; “(6) trade associations representing air carriers and airports; “(7) aircraft manufacturing companies; “(8) general aviation; and “(9) such other stakeholders as the Secretary considers appropriate. “(d) Report.—Not later than 30 days after the plan is developed under subsection (a), 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 a report that includes such plan. “(e) Review of Plan.—Not later than 1 year after the date on which a report is submitted under subsection (d), and again not later than 5 years thereafter, the Secretary shall review the plan included in such report and, after consultation with aviation industry and labor stakeholders, make changes by rule as the Secretary considers appropriate. “(f) GAO Study.—Not later than 18 months after the date of enactment of this section [Dec. 29, 2022], the Comptroller General shall conduct and 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 study assessing the national aviation preparedness plan developed under subsection (a), including—“(1) whether such plan—“(A) is responsive to any previous recommendations relating to aviation preparedness with respect to an outbreak of a covered communicable disease or global health emergency made by the Comptroller General; and “(B) meets the obligations of the United States under international conventions and treaties; and “(2) the extent to which the United States aviation system is prepared to respond to an outbreak of a covered communicable disease. “(g) Definitions.—In this section:“(1) Covered employee.—The term ‘covered employee’ means—“(A) an individual whose job duties require interaction with air carrier passengers on a regular and continuing basis and who is an employee of—“(i) an air carrier; “(ii) an air carrier contractor; “(iii) an airport; or “(iv) the Federal Government; or “(B) an air traffic controller or systems safety specialist of the Federal Aviation Administration. “(2) Covered communicable disease.—The term ‘covered communicable disease’ means a communicable disease that has the potential to cause a future epidemic or pandemic of infectious disease that would constitute a public health emergency of international concern as declared, after the date of enactment of this section, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d). “(3) Temperature check.—The term ‘temperature check’ means the screening of an individual for a fever.”

Advanced Air Mobility Working Group

Pub. L. 117–203, § 2, Oct. 17, 2022, 136 Stat. 2227, as amended by Pub. L. 118–63, title IX, § 954, May 16, 2024, 138 Stat. 1376, provided that: “(a) In General.—Not later than 120 days after the date of enactment of this Act [Oct. 17, 2022], the Secretary of Transportation shall establish an advanced air mobility interagency working group (in this section referred to as the ‘working group’). “(b) Purpose.—Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology. The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States in order to—“(1) grow new transportation options; “(2) amplify economic activity and jobs; “(3) advance environmental sustainability and new technologies; and “(4) support emergency preparedness and competitiveness. “(c) Membership.—Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall—“(1) appoint the Under Secretary of Transportation for Policy to chair the working group; “(2) designate not less than 1 additional representative to participate on the working group from each of—“(A) the Department of Transportation; and “(B) the Federal Aviation Administration; and “(3) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the working group, including—“(A) the National Aeronautics and Space Administration; “(B) the Department of Commerce; “(C) the Department of Defense; “(D) the Department of Energy; “(E) the Department of Homeland Security; “(F) the Department of Agriculture; “(G) the Department of Labor; “(H) the Federal Communications Commission; and “(I) such other departments or agencies as the Secretary of Transportation determines appropriate. “(d) Coordination.—“(1) In general.—The working group shall engage with State, local, and Tribal governments, aviation industry and labor stakeholders, stakeholder associations, and others determined appropriate by the Secretary of Transportation and the Administrator of the Federal Aviation Administration, including—“(A) manufacturers of aircraft, avionics, propulsion systems, structures, and air traffic management systems; “(B) commercial air carriers, commercial operators, unmanned aircraft system operators, and general aviation operators, including helicopter operators; “(C) intended operators of AAM aircraft; “(D) operators of airports, heliports, and vertiports, and fixed-base operators; “(E) certified labor representatives for pilots associations, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, and aviation safety inspectors; “(F) State, local, and Tribal officials or public agencies, with representation from both urban and rural areas; “(G) first responders; “(H) groups representing environmental interests; “(I) electric utilities, energy providers and energy market operators; “(J) academia with experience working with industry on new technology and commercialization; “(K) groups representing the telecommunications industry; and “(L) aviation training and maintenance providers. “(2) Advisory committees.—The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). “(e) Review and Examination.—Not later than 18 months after the working group is established under subsection (a), the working group shall complete a review and examination of, at a minimum—“(1) the steps that will mature AAM aircraft operations, concepts, and regulatory frameworks beyond initial operations; “(2) the air traffic management and safety concepts that might be considered as part of evolving AAM to higher levels of traffic density; “(3) current Federal programs and policies that could be leveraged to advance the maturation of the AAM industry or that may impede such maturation; “(4) infrastructure, including aviation, cybersecurity, telecommunication, multimodal, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation; “(5) steps needed to ensure a robust and secure domestic supply chain; “(6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; “(7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations; “(8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations; and “(9) processes and programs that can be leveraged to improve the efficiency of Federal reviews required for infrastructure development, including for electrical capacity projects. “(f) AAM National Strategy.—Based on the review and examination performed under subsection (e), the working group shall develop an AAM National Strategy that includes—“(1) recommendations regarding the safety, operations, security, infrastructure, air traffic concepts, and other Federal investment or actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit; “(2) recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and “(3) a comprehensive plan detailing the roles and responsibilities of each Federal department and agency, and of State, local, and Tribal governments, necessary to facilitate or implement the recommendations developed under paragraphs (1) and (2). “(g) Report.—Not later than 180 days after the completion of the review and examination performed under subsection (e), the Secretary of Transportation shall submit to the appropriate committees of Congress a report—“(1) detailing findings from the review and examination performed under subsection (e); “(2) summarizing any dissenting views and opinions of a participant of the working group described in subsection (c)(3); and “(3) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f). “(h) Evaluation of Termination of Working Group.—“(1) In general.—Not later than 30 days after the date on which the working group submits the report required under subsection (g), the Secretary of Transportation shall evaluate and decide whether to terminate the working group and shall notify the appropriate committees of Congress of such decision. “(2) Considerations for termination of working group.—In deciding whether to terminate the working group under this subsection, the Secretary, in consultation with the Administrator of the Federal Aviation Administration, shall consider other interagency coordination activities associated with AAM, or other new or novel users of the national airspace system, that could benefit from continued wider interagency coordination. “(i) Definitions.—For purposes of this section and section 3 [of Pub. L. 117–203, 136 Stat. 2230, which is not classified to the Code]:“(1) Advanced air mobility; aam.—The terms ‘advanced air mobility’ and ‘AAM’ mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft in both controlled and uncontrolled airspace. “(2) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—“(A) the Committee on Commerce, Science, and Transportation of the Senate; and “(B) the Committee on Transportation and Infrastructure of the House of Representatives. “(3) Electric aircraft.—The term ‘electric aircraft’ means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. “(4) Fixed-base operator.—The term ‘fixed-base operator’ means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. “(5) Powered-lift aircraft.—The term ‘powered-lift aircraft’ has the meaning given the term ‘powered-lift’ in section 1.1 of title 14, Code of Federal Regulations. “(6) Regional air mobility.—The term ‘regional air mobility’ means the movement of passengers or property by air between 2 points using an airworthy aircraft that—“(A) has advanced technologies, such as distributed propulsion, vertical take-off and landing, powered-lift, non-traditional power systems, or autonomous technologies; “(B) has a maximum takeoff weight of greater than 1,320 pounds; and “(C) is not urban air mobility. “(7) State.—The term ‘State’ has the meaning given such term in section 47102 of title 49, United States Code. “(8) Urban air mobility.—The term ‘urban air mobility’ means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—“(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and “(B) has a maximum takeoff weight of greater than 1,320 pounds. “(9) Vertical take-off and landing.—The term ‘vertical take-off and landing’ means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing. “(10) Vertiport.—The term ‘vertiport’ means an area of land, water, or a structure, used or intended to be used to support the landing, take-off, taxiing, parking, and storage of powered lift or other aircraft that vertiport design and performance standards established by the Administrator can accommodate.”

Samya Rose Stumo National Air Grant Fellowship Program

Pub. L. 116–260, div. V, title I, § 131, Dec. 27, 2020, 134 Stat. 2350, as amended by Pub. L. 117–328, div. Q, § 102(b)(1), Dec. 29, 2022, 136 Stat. 5250; Pub. L. 118–63, title III, § 306(h), May 16, 2024, 138 Stat. 1072, provided that: “(a) Program.—“(1) Program maintenance.—The Administrator [of the Federal Aviation Administration] shall maintain within the FAA [Federal Aviation Administration] a program to be known as the ‘Samya Rose Stumo National Air Grant Fellowship Program’. “(2) Program elements.—The Samya Rose Stumo National Air Grant Fellowship Program shall provide support for the fellowship program under subsection (b). “(3) Responsibilities of administrator.—“(A) Guidelines.—The Administrator shall establish guidelines related to the activities and responsibilities of air grant fellowships under subsection (b). “(B) Qualifications.—The Administrator shall by regulation prescribe the qualifications required for designation of air grant fellowships under subsection (b). “(C) Authority.—In order to carry out the provisions of this section, the Administrator may—“(i) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with civil service laws; “(ii) make appointments with respect to temporary and intermittent services to the extent authorized by section 3109 of title 5, United States Code; “(iii) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States Code; “(iv) notwithstanding section 1342 of title 31, United States Code, accept donations and voluntary and uncompensated services; “(v) accept funds from other Federal departments and agencies, including agencies within the FAA, to pay for and add to activities authorized by this section; and “(vi) promulgate such rules and regulations as may be necessary and appropriate. “(4) Director of samya rose stumo national air grant fellowship program.—“(A) In general.—The Administrator shall appoint, as the Director of the Samya Rose Stumo National Air Grant Fellowship Program, a qualified individual who has appropriate administrative experience and knowledge or expertise in fields related to aerospace. The Director shall be appointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate payable under section 5376 of title 5, United States Code. “(B) Duties.—Subject to the supervision of the Administrator, the Director shall administer the Samya Rose Stumo National Air Grant Fellowship Program. In addition to any other duty prescribed by law or assigned by the Administrator, the Director shall—“(i) cooperate with institutions of higher education that offer degrees in fields related to aerospace; “(ii) encourage the participation of graduate and post-graduate students in the Samya Rose Stumo National Air Grant Fellowship Program; and “(iii) cooperate and coordinate with other Federal activities in fields related to aerospace. “(b) Fellowships.—“(1) In general.—The Administrator shall support a program of fellowships for qualified individuals at the graduate and post-graduate level. The fellowships shall be in fields related to aerospace and awarded pursuant to guidelines established by the Administrator. The Administrator shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this paragraph. “(2) Aerospace policy fellowship.—“(A) In general.—The Administrator shall award aerospace policy fellowships to support the placement of individuals at the graduate level of education in fields related to aerospace in positions with—“(i) the executive branch of the United States Government; and “(ii) the legislative branch of the United States Government. “(B) Placement priorities for legislative fellowships.—“(i) In general.—In considering the placement of individuals receiving a fellowship for a legislative branch position under subparagraph (A)(ii), the Administrator shall give priority to placement of such individuals in the following: “(I) Positions in offices of, or with Members on, committees of Congress that have jurisdiction over the FAA. “(II) Positions in offices of Members of Congress that have a demonstrated interest in aerospace policy. “(ii) Equitable distribution.—In placing fellows in positions described under clause (i), the Administrator shall ensure that placements are equally distributed among the political parties. “(C) Duration.—A fellowship awarded under this paragraph shall be for a period of not more than 1 year. “(3) Restriction on use of funds.—Amounts available for fellowships under this subsection, including amounts accepted under subsection (a)(3)(C)(v) or appropriated under subsection (d) to carry out this subsection, shall be used only for award of such fellowships and administrative costs of implementing this subsection. “(c) Interagency Cooperation.—Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to aerospace—“(1) may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility that the Administrator deems necessary to carry out any provision of this section; “(2) shall, upon a written request from the Administrator, furnish any available data or other information that the Administrator deems necessary to carry out any provision of this section; and “(3) shall cooperate with the FAA and duly authorized officials thereof. “(d) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2021 through 2028 to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended. “(e) Definitions.—In this section:“(1) Director.—The term ‘Director’ means the Director of the Samya Rose Stumo National Air Grant Fellowship Program, appointed pursuant to subsection (a)(4). “(2) Fields related to aerospace.—The term ‘fields related to aerospace’ means any discipline or field that is concerned with, or likely to improve, the development, assessment, operation, safety, or repair of aircraft and other airborne objects and systems, including the following:“(A) Aerospace engineering. “(B) Aerospace physiology. “(C) Aeronautical engineering. “(D) Airworthiness engineering. “(E) Electrical engineering. “(F) Human factors. “(G) Software engineering. “(H) Systems engineering.”

Emerging Safety Trends in Aviation

Pub. L. 116–260, div. V, title I, § 132, Dec. 27, 2020, 134 Stat. 2352, provided that: “(a) General.—Not later than 180 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall enter into an agreement with the Transportation Research Board for the purposes of developing an annual report identifying, categorizing, and analyzing emerging safety trends in air transportation. “(b) Factors.—The emerging safety trends report should be based on the following data:“(1) The National Transportation Safety Board’s investigation of accidents under section 1132 of title 49, United States Code. “(2) The Administrator’s investigations of accidents and incidents under section 40113 of title 49, United States Code. “(3) Information provided by air operators pursuant to safety management systems. “(4) International investigations of accidents and incidents, including reports, data, and information from foreign authorities and ICAO. “(5) Other sources deemed appropriate for establishing emerging safety trends in the aviation sector, including the FAA’s annual safety culture assessment required under subsection (c). “(c) Safety Culture Assessment.—The Administrator shall conduct an annual safety culture assessment through fiscal year 2031, which shall include surveying all employees in the FAA’s Aviation Safety organization (AVS) to determine the employees’ collective opinion regarding, and to assess the health of, AVS’ safety culture and implementation of any voluntary safety reporting program. “(d) Existing Reporting Systems.—The Executive Director of the Transportation Research Board, in consultation with the Secretary of Transportation and Administrator, may take into account and, as necessary, harmonize data and sources from existing reporting systems within the Department of Transportation and FAA. “(e) Biennial Report to Congress.—One year after the Administrator enters into the agreement with the Transportation Research Board as set forth in subsection (a), and biennially thereafter through fiscal year 2031, the Executive Director, in consultation with the Secretary and Administrator, shall submit to the congressional committees of jurisdiction a report identifying the emerging safety trends in air transportation.”

[For definitions of terms used in section 132 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note below.]

FAA Leadership on Civil Supersonic Aircraft

Pub. L. 115–254, div. B, title I, § 181, Oct. 5, 2018, 132 Stat. 3230, as amended by Pub. L. 118–63, title XI, § 1110, May 16, 2024, 138 Stat. 1418, provided that: “(a) In General.—The Administrator of the Federal Aviation Administration shall exercise leadership in the creation of Federal and international policies, regulations, standards, and recommended practices relating to the certification and safe and efficient operation of civil supersonic aircraft. “(b) Exercise of Leadership.—In carrying out subsection (a), the Administrator shall—“(1) consider the needs of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe commercial deployment of civil supersonic aircraft technology and the safe and efficient operation of civil supersonic aircraft; and “(2) obtain the input of aerospace industry stakeholders regarding—“(A) the appropriate regulatory framework and timeline for permitting the safe and efficient operation of civil supersonic aircraft within United States airspace, including updating or modifying existing regulations on such operation; “(B) issues related to standards and regulations for the type certification and safe operation of civil supersonic aircraft, including noise certification, including—“(i) the operational differences between subsonic aircraft and supersonic aircraft; “(ii) costs and benefits associated with landing and takeoff noise requirements for civil supersonic aircraft, including impacts on aircraft emissions; “(iii) public and economic benefits of the operation of civil supersonic aircraft and associated aerospace industry activity; and “(iv) challenges relating to ensuring that standards and regulations aimed at relieving and protecting the public health and welfare from aircraft noise and sonic booms are economically reasonable, technologically practicable, and appropriate for civil supersonic aircraft; and “(C) other issues identified by the Administrator or the aerospace industry that must be addressed to enable the safe commercial deployment and safe and efficient operation of civil supersonic aircraft. “(c) International Leadership.—The Administrator, in the appropriate international forums, shall take actions that—“(1) demonstrate global leadership under subsection (a); “(2) address the needs of the aerospace industry identified under subsection (b); and “(3) protect the public health and welfare. “(d) Report to Congress.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report detailing—“(1) the Administrator’s actions to exercise leadership in the creation of Federal and international policies, regulations, and standards relating to the certification and safe and efficient operation of civil supersonic aircraft; “(2) planned, proposed, and anticipated actions to update or modify existing policies and regulations related to civil supersonic aircraft, including those identified as a result of industry consultation and feedback; and “(3) a timeline for any actions to be taken to update or modify existing policies and regulations related to civil supersonic aircraft. “(e) Long-term Regulatory Reform.—“(1) Noise standards.—Not later than March 31, 2020, the Administrator shall issue a notice of proposed rulemaking to revise part 36 of title 14, Code of Federal Regulations, to include supersonic aircraft in the applicability of such part. The proposed rule shall include necessary definitions, noise standards for landing and takeoff, and noise test requirements that would apply to a civil supersonic aircraft. “(2) Special flight authorizations.—Not later than December 31, 2019, the Administrator shall issue a notice of proposed rulemaking to revise appendix B of part 91 of title 14, Code of Federal Regulations, to modernize the application process for a person applying to operate a civil aircraft at supersonic speeds for the purposes stated in that rule. “(f) Near-Term Certification of Supersonic Civil Aircraft.—“(1) In general.—If a person submits an application requesting type certification of a civil supersonic aircraft pursuant to part 21 of title 14, Code of Federal Regulations, before the Administrator promulgates a final rule amending part 36 of title 14, Code of Federal Regulations, in accordance with subsection (e)(1), the Administrator shall, not later than 18 months after having received such application, issue a notice of proposed rulemaking applicable solely for the type certification, inclusive of the aircraft engines, of the supersonic aircraft design for which such application was made. “(2) Contents.—A notice of proposed rulemaking described in paragraph (1) shall—“(A) address safe operation of the aircraft type, including development and flight testing prior to type certification; “(B) address manufacturing of the aircraft; “(C) address continuing airworthiness of the aircraft; “(D) specify landing and takeoff noise standards for that aircraft type that the Administrator considers appropriate, practicable, and consistent with section 44715 of title 49, United States Code; and “(E) consider differences between subsonic and supersonic aircraft including differences in thrust requirements at equivalent gross weight, engine requirements, aerodynamic characteristics, operational characteristics, and other physical properties. “(3) Noise and performance data.—The requirement of the Administrator to issue a notice of proposed rulemaking under paragraph (1) shall apply only if an application contains sufficient aircraft noise and performance data as the Administrator finds necessary to determine appropriate noise standards and operating limitations for the aircraft type consistent with section 44715 of title 49, United States Code. “(4) Final rule.—Not later than 18 months after the end of the public comment period provided in the notice of proposed rulemaking required under paragraph (1), the Administrator shall publish in the Federal Register a final rule applying solely to the aircraft model submitted for type certification. “(5) Review of rules of civil supersonic flights.—Beginning December 31, 2020, and every 2 years thereafter, the Administrator shall review available aircraft noise and performance data, and consult with heads of appropriate Federal agencies, to determine whether section 91.817 of title 14, Code of Federal Regulations, and Appendix B of part 91 of title 14, Code of Federal Regulations, may be amended, consistent with section 44715 of title 49, United States Code, to permit supersonic flight of civil aircraft over land in the United States. “(6) Implementation of noise standards.—The portion of the regulation issued by the Administrator of the Federal Aviation Administration titled ‘Revision of General Operating and Flight Rules’ and published in the Federal Register on August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of civil aircraft at a true flight Mach number greater than 1 shall have no force or effect beginning on the date on which the Administrator publishes in the Federal Register a final rule specifying sonic boom noise standards for civil supersonic aircraft. “(g) Additional Reports.—“(1) Initial progress report.—Not later than 1 year after the date of enactment of this subsection [May 16, 2024], 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.”

Aircraft Air Quality

Pub. L. 118–63, title III, § 362, May 16, 2024, 138 Stat. 1123, provided that: “(a) Deadline for2018Study on Bleed Air.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note) and submit to the appropriate Congressional committees [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] the following:“(1) The completed study required under subsection (c) of such section. “(2) The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required under subsection (d) of such section. “(b) Reporting System for Smoke or Fume Events Onboard Commercial Aircraft.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a standardized submission system for air carrier employees to voluntarily report fume or smoke events onboard passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations. “(2) Collected information.—In developing the system under paragraph (1), the Administrator shall ensure that the system includes a method for submitting information about a smoke or fume event that allows for the collection of the following information, if applicable:“(A) Identification of the flight number, type, and registration of the aircraft. “(B) The date of the reported fume or smoke event onboard the aircraft. “(C) Description of fumes or smoke in the aircraft, including the nature, intensity, and visual consistency or smell (if any). “(D) The location of the fumes or smoke in the aircraft. “(E) The source (if discernible) of the fumes or smoke in the aircraft. “(F) The phase of flight during which fumes or smoke first became present. “(G) The duration of the fume or smoke event. “(H) Any required onboard medical attention for passengers or crew members. “(I) Any additional factors as determined appropriate by the Administrator or crew member submitting a report. “(3) Guidelines for submission.—The Administrator shall issue guidelines on how to submit the information described in paragraph (2). “(4) Confirmation of submission.—Upon submitting the information described in paragraph (2), the submitting party shall receive a duplicate record of the submission and confirmation of receipt. “(5) Use of information.—The Administrator—“(A) may not publicly publish any—“(i) information specific to a fume or smoke event that is submitted pursuant to this section; and “(ii) any [sic] information that may be used to identify the party submitting such information; “(B) may only publicly publish information submitted pursuant to this section that has been aggregated if—“(i) such information has been validated; and “(ii) the availability of such information would improve aviation safety; “(C) shall maintain a database of such information; “(D) at the request of an air carrier, shall provide to such air carrier any information submitted pursuant to this section that is relevant to such air carrier, except any information that may be used to identify the party submitting such information; “(E) may not, without validation, assume that information submitted pursuant to this section is accurate for the purposes of initiating rulemaking or taking an enforcement action; “(F) may use information submitted pursuant to this section to inform the oversight of the safety management system of an air carrier; and “(G) may use information submitted pursuant to this section for the purpose of performing a study or supporting a study sponsored by the Administrator. “(c) National Academies Study on Overall Cabin Air Quality.—“(1) In general.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator shall seek to enter into the appropriate arrangements with the National Academies to conduct a study and issue recommendations to be made publicly available pertaining to cabin air quality and any risk of, and potential for, persistent and accidental fume or smoke events onboard a passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations. “(2) Scope.—In carrying out a study pursuant to paragraph (1), the National Academies shall examine—“(A) the report issued pursuant to section 326 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note) and any identified assumptions or gaps described in such report; “(B) the information collected through the system established pursuant to subsection (b); “(C) any health risks or impacts of fume or smoke events on flight crews, including flight attendants and pilots, and passengers onboard aircraft operating under part 121 of title 14, Code of Federal Regulations; “(D) instances of persistent or regularly occurring (as determined by the National Academies) fume or smoke events in such aircraft; “(E) instances of accidental, unexpected, or irregularly occurring (as determined by the National Academies) fume or smoke events on such aircraft, including whether such accidental events are more frequent during various phases of operations, including ground operations, taxiing, take off, cruise, and landing; “(F) the air contaminants present during the instances described in subparagraphs (D) and (E) and the probable originating materials of such air contaminants; “(G) the frequencies, durations, and likely causes of the instances described in subparagraphs (D) and (E); and “(H) any additional data on fume or smoke events, as determined appropriate by the National Academies. “(3) Recommendations.—As a part of the study conducted under paragraph (1), the National Academies shall provide recommendations—“(A) that, at minimum, address how to—“(i) improve overall cabin air quality of passenger-carrying aircraft; “(ii) improve the detection, accuracy, and reporting of fume or smoke events; and “(iii) reduce the frequency and impact of fume or smoke events; and “(B) to establish or update standards, guidelines, or regulations that could help achieve the recommendations described in subparagraph (A). “(4) Report to congress.—Not later than 1 month after the completion of the study conducted under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a copy of such study and recommendations submitted with such study. “(d) Rulemaking.—Not later than 1 year after the completion of the study conducted under subsection (c), the Administrator may, as appropriate to address the safety risks identified as a result of the actions taken pursuant to this section, issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations that may include the following:“(1) Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving fume or smoke events. “(2) Required actions and procedures for air carriers to take after receiving a report of an incident involving a fume or smoke event in which at least 1 passenger or crew member required medical attention as a result of such incident. “(3) Installation onboard aircraft of detectors and other air quality monitoring equipment. “(e) Fume or Smoke Event Defined.—In this section, the term ‘fume or smoke event’ means an event in which there is an atypical noticeable or persistent presence of fumes or air contaminants in the cabin, including, at a minimum, a smoke event.”

Pub. L. 115–254, div. B, title III, § 326, Oct. 5, 2018, 132 Stat. 3271, provided that: “(a) Educational Materials.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall, in consultation with relevant stakeholders, establish and make available on a publicly available Internet website of the Administration, educational materials for flight attendants, pilots, and aircraft maintenance technicians on how to respond to incidents on board aircraft involving smoke or fumes. “(b) Reporting of Incidents of Smoke or Fumes on Board Aircraft.—Not later than 180 days after the date of enactment of this Act, the Administrator shall, in consultation with relevant stakeholders, issue guidance for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by a commercial air carrier and with respect to the basis on which commercial air carriers shall report such incidents through the Service Difficulty Reporting System. “(c) Research to Develop Techniques to Monitor Bleed Air Quality.—Not later than 180 days after the date of enactment of this Act, the Administrator shall commission a study by the Airliner Cabin Environment Research Center of Excellence—“(1) to identify and measure the constituents and levels of constituents resulting from bleed air in the cabins of a representative set of commercial aircraft in operation of the United States; “(2) to assess the potential health effects of such constituents on passengers and cabin and flight deck crew; “(3) to identify technologies suitable to provide reliable and accurate warning of bleed air contamination, including technologies to effectively monitor the aircraft air supply system when the aircraft is in flight; and “(4) to identify potential techniques to prevent fume events. “(d) Report Required.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality. “(e) Pilot Program.—The FAA may conduct a pilot program to evaluate the effectiveness of technologies identified in subsection (c).”

Performance-Based Standards

Pub. L. 115–254, div. B, title III, § 329, Oct. 5, 2018, 132 Stat. 3272, provided that: “The Administrator [of the Federal Aviation Administration] shall, to the maximum extent possible and consistent with Federal law, and based on input by the public, ensure that regulations, guidance, and policies issued by the FAA on and after the date of enactment of this Act [Oct. 5, 2018] are issued in the form of performance-based standards, providing an equal or higher level of safety.”

Return on Investment Report

Pub. L. 115–254, div. B, title V, § 503(a)–(d), Oct. 5, 2018, 132 Stat. 3352, 3353, provided that: “(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and annually thereafter until the date that each NextGen [Next Generation Air Transportation System] program has a positive return on investment, the Administrator [of the Federal Aviation Administration] shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the status of each NextGen program, including the most recent NextGen priority list under subsection (c). “(b) Contents.—The report under subsection (a) shall include, for each NextGen program—“(1) an estimate of the date the program will have a positive return on investment; “(2) an explanation for any delay in the delivery of expected benefits from previously published estimates on delivery of such benefits, in implementing or utilizing the program; “(3) an estimate of the completion date; “(4) an assessment of the long-term and near-term user benefits of the program for—“(A) the Federal Government; and “(B) the users of the national airspace system; and “(5) a description of how the program directly contributes to a safer and more efficient air traffic control system. “(c) NextGen Priority List.—Based on the assessment under subsection (a), the Administrator shall—“(1) develop, in coordination with the NextGen Advisory Committee and considering the need for a balance between long-term and near-term user benefits, a prioritization of the NextGen programs; “(2) annually update the priority list under paragraph (1); and “(3) prepare budget submissions to reflect the current status of NextGen programs and projected returns on investment for each NextGen program. “(d) Definition of Return on Investment.—In this section, the term ‘return on investment’ means the cost associated with technologies that are required by law or policy as compared to the financial benefits derived from such technologies by a government or a user of airspace.”

Human Factors

Pub. L. 115–254, div. B, title V, § 507, Oct. 5, 2018, 132 Stat. 3354, provided that: “(a) In General.—In order to avoid having to subsequently modify products and services developed as a part of NextGen [Next Generation Air Transportation System], the Administrator [of the Federal Aviation Administration] shall—“(1) recognize and incorporate, in early design phases of all relevant NextGen programs, the human factors and procedural and airspace implications of stated goals and associated technical changes; and “(2) ensure that a human factors specialist, separate from the research and certification groups, is directly involved with the NextGen approval process. “(b) Report.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the progress made toward implementing the requirements under subsection (a).”

Programmatic Risk Management

Pub. L. 115–254, div. B, title V, § 508, Oct. 5, 2018, 132 Stat. 3355, provided that: “To better inform the [Federal Aviation] Administration’s decisions regarding the prioritization of efforts and allocation of resources for NextGen [Next Generation Air Transportation System], the Administrator [of the Federal Aviation Administration] shall— “(1) solicit input from specialists in probability and statistics to identify and prioritize the programmatic and implementation risks to NextGen; and “(2) develop a method to manage and mitigate the risks identified in paragraph (1).”

Part 91 Review, Reform, and Streamlining

Pub. L. 115–254, div. B, title V, § 513, Oct. 5, 2018, 132 Stat. 3357, provided that: “(a) Establishment of Task Force.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall establish a task force comprised of representatives of the general aviation industry who regularly perform part 91 operations, labor unions (including those representing FAA aviation safety inspectors and FAA aviation safety engineers), manufacturers, and the Government to—“(1) conduct an assessment of the FAA oversight and authorization processes and requirements for aircraft under part 91; and “(2) make recommendations to streamline the applicable authorization and approval processes, improve safety, and reduce regulatory cost burdens and delays for the FAA and aircraft owners and operators who operate pursuant to part 91. “(b) Contents.—In conducting the assessment and making recommendations under subsection (a), the task force shall consider—“(1) process reforms and improvements to allow the FAA to review and approve applications in a fair and timely fashion; “(2) the appropriateness of requiring an authorization for each experimental aircraft rather than using a broader all-makes-and-models approach; “(3) ways to improve the timely response to letters of authorization applications for aircraft owners and operators who operate pursuant to part 91, including setting deadlines and granting temporary or automatic authorizations if deadlines are missed by the FAA; “(4) methods for enhancing the effective use of delegation systems; “(5) methods for training the FAA’s field office employees in risk-based and safety management system oversight; and “(6) such other matters related to streamlining part 91 authorization and approval processes as the task force considers appropriate. “(c) Report to Congress.—“(1) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the results of the task force’s assessment. “(2) Contents.—The report shall include an explanation of how the Administrator will—“(A) implement the recommendations of the task force; “(B) measure progress in implementing the recommendations; and “(C) measure the effectiveness of the implemented recommendations. “(d) Implementation of Recommendations.—Not later than 18 months after the date of enactment of this Act, the Administrator shall implement the recommendations made under this section. “(e) Definition.—In this section, the term ‘part 91’ means part 91 of title 14, Code of Federal Regulations. “(f) Applicable Law.—Public Law 92–463 [Federal Advisory Committee Act, see 5 U.S.C. 1001 et seq.] shall not apply to the task force. “(g) Sunset.—The task force shall terminate on the day the Administrator submits the report required under subsection (c).”

Pilots Sharing Flight Expenses With Passengers

Pub. L. 115–254, div. B, title V, § 515, Oct. 5, 2018, 132 Stat. 3358, provided that: “(a) Guidance.—“(1) In general.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall make publicly available, in a clear and concise format, advisory guidance that describes how a pilot may share flight expenses with passengers in a manner consistent with Federal law, including regulations. “(2) Examples included.—The guidance shall include examples of—“(A) flights for which pilots and passengers may share expenses; “(B) flights for which pilots and passengers may not share expenses; “(C) the methods of communication that pilots and passengers may use to arrange flights for which expenses are shared; and “(D) the methods of communication that pilots and passengers may not use to arrange flights for which expenses are shared. “(b) Report.—“(1) In general.—Not later than 180 days after the date on which guidance is made publicly available under subsection (a), the Comptroller General of the United States shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report analyzing Federal policy with respect to pilots sharing flight expenses with passengers. “(2) Evaluations included.—The report submitted under paragraph (1) shall include an evaluation of—“(A) the rationale for such Federal policy; “(B) safety and other concerns related to pilots sharing flight expenses with passengers; and “(C) benefits related to pilots sharing flight expenses with passengers.”

Geosynthetic Materials

Pub. L. 115–254, div. B, title V, § 525, Oct. 5, 2018, 132 Stat. 3364, provided that: “The Administrator [of the Federal Aviation Administration], to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Aviation Administration.”

Treatment of Multiyear Lessees of Large and Turbine-Powered Multiengine Aircraft

Pub. L. 115–254, div. B, title V, § 550, Oct. 5, 2018, 132 Stat. 3378, provided that: “The Secretary of Transportation shall revise such regulations as may be necessary to ensure that multiyear lessees and owners of large and turbine-powered multiengine aircraft are treated equally for purposes of joint ownership policies of the FAA.”

Enhanced Surveillance Capability

Pub. L. 115–254, div. B, title V, § 562, Oct. 5, 2018, 132 Stat. 3384, provided that: “Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall identify and implement a strategy to— “(1) advance near-term and long-term uses of enhanced surveillance systems, such as space-based ADS–B [automatic dependent surveillance-broadcast], within United States airspace or international airspace delegated to the United States; “(2) exercise leadership on setting global standards for the separation of aircraft in oceanic airspace by working with—“(A) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations; “(B) other international organizations and fora; and “(C) the private sector; and “(3) ensure the participation of the [Federal Aviation] Administration in the analysis of trials of enhanced surveillance systems, such as space-based ADS–B, performed by foreign air navigation service providers in North Atlantic airspace.”

Aviation Workforce Development Programs

Pub. L. 115–254, div. B, title VI, § 625, Oct. 5, 2018, 132 Stat. 3405, as amended by Pub. L. 116–92, div. A, title XVII, § 1743(a), Dec. 20, 2019, 133 Stat. 1842; Pub. L. 118–63, title IV, § 440(a), May 16, 2024, 138 Stat. 1179, which provided for grants for projects to support the education and recruitment of future aircraft pilots and aviation maintenance and manufacturing technical workers, was transferred and is set out as a note under section 40132 of this title.

Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training

Pub. L. 115–254, div. B, title VI, § 631, Oct. 5, 2018, 132 Stat. 3407, provided that: “(a) Designation.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation, in consultation with the Secretary of Education and the Secretary of Labor, shall establish a process to designate consortia of public, 2-year institutions of higher education as Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training (in this section referred to as the ‘Centers of Excellence’). “(b) Functions.—A Center of Excellence designated under subsection (a) shall have the capacity to train students for career opportunities in industry and government service related to the use of small unmanned aircraft systems. “(c) Education and Training Requirements.—In order to be designated as a Center of Excellence under subsection (a), a consortium shall be able to address education and training requirements associated with various types of small unmanned aircraft systems, components, and related equipment, including with respect to—“(1) multirotor and fixed-wing small unmanned aircraft; “(2) flight systems, radio controllers, components, and characteristics of such aircraft; “(3) routine maintenance, uses and applications, privacy concerns, safety, and insurance for such aircraft; “(4) hands-on flight practice using small unmanned aircraft systems and computer simulator training; “(5) use of small unmanned aircraft systems in various industry applications and local, State, and Federal government programs and services, including in agriculture, law enforcement, monitoring oil and gas pipelines, natural disaster response and recovery, fire and emergency services, and other emerging areas; “(6) Federal policies concerning small unmanned aircraft; “(7) dual credit programs to deliver small unmanned aircraft training opportunities to secondary school students; or “(8) training with respect to sensors and the processing, analyzing, and visualizing of data collected by small unmanned aircraft. “(d) Collaboration.—Each Center of Excellence shall seek to collaborate with institutions participating in the Alliance for System Safety of UAS through Research Excellence of the Federal Aviation Administration and with the test ranges defined under section 44801 of title 49, United States Code, as added by this Act. “(e) Institution of Higher Education.—In this section, the term ‘institution of higher education’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”

Collegiate Training Initiative Program for Unmanned Aircraft Systems