FAA Reauthorization Act of 2024
This act reauthorizes through FY2028 and revises Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) programs and activities.
TITLE I--AUTHORIZATIONS
(Sec. 101) This section reauthorizes through FY2028 the FAA's airport planning and development and airport noise compatibility planning and programs.
(Sec. 102) This section reauthorizes through FY2028 the FAA's facilities and equipment.
(Sec. 103) This section reauthorizes through FY2028 the FAA's operations.
(Sec. 104) This section reauthorizes through FY2028 (1) an extension of the non-premium war risk insurance program; (2) Marshall Islands, Micronesia, and Palau discretionary funds; (3) aviation weather reporting programs; (4) Midway Island Airport funding; and (5) the Safety Oversight and Certification Advisory Committee.
TITLE II--FAA OVERSIGHT AND ORGANIZATIONAL REFORM
(Sec. 201) This section establishes the leadership structure of the FAA, which includes the Administrator and the Deputy Administrator.
(Sec. 202) This section establishes a new FAA Assistant Administrator for Rulemaking and Regulatory Improvement and specifies various duties for the assistant administrator.
(Sec. 203) This section prohibits the FAA Administrator and Deputy Administrator from holding a financial interest (e.g., ownership, equity, or security interest) in an aeronautical enterprise or engaging in another business, vocation, or employment. This section also specifies that the prohibition against holding a financial interest in aeronautical enterprises does not apply to index funds. Further, the Deputy Administrator must receive prior approval from the Administrator to receive compensation for teaching.
(Sec. 204) This section establishes the authorities of the FAA relating to those of the Department of Transportation (DOT). This includes the final authority for carrying out all functions, powers, and duties for the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of FAA property, facilities, services, and equipment, including all elements of FAA-owned air traffic control systems.
This section also specifies the FAA's rulemaking approval procedures.
(Sec. 205) This section directs the FAA to establish a regulatory process review team to develop recommendations to improve the timeliness, performance, and accountability of the development and promulgation of regulatory materials. The review team must submit a report to the FAA, and the FAA must develop an action plan to implement the review team’s recommendations.
Further, the DOT Office of Inspector General (OIG) must review the coordination and approval processes for FAA-produced non-regulatory materials in order to improve the timeliness, transparency, development, and issuance of such materials. The DOT OIG must submit a report to the FAA. The FAA must develop an action plan based on the DOT OIG recommendations. The FAA must also brief Congress on the action plan.
(Sec. 206) This section directs the FAA to operationalize all of the key programs under the NextGen program by December 31, 2025, and sunset the FAA Office of NextGen on that date. Further, management of the NextGen Advisory Committee must be transferred to the Chief Operating Officer of the air traffic control system. (NextGen is a multifaceted program to modernize and improve the efficiency of the national airspace system, primarily by migrating from a system using ground-based navigation infrastructure and radar tracking of flights to satellite-based navigation and aircraft tracking.)
The section also requires the incorporation of any advanced air mobility relevant functions, duties, and responsibilities of the FAA's NAS Systems Engineering and Integration Office into the FAA’s Office of Aviation Safety.
Further, this section expands and renames the William J. Hughes Technical Center for Advanced Aerospace (formerly the William J. Hughes Technical Center) to support the advancement of aerospace safety and innovation.
(Sec. 207) This section directs the FAA to establish an Airspace Modernization Office within the FAA, or task an existing office with the functions of the office, on January 1, 2026. The office’s responsibilities include developing an integrated plan to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse and growing set of airspace users.
The FAA must submit an integrated plan to Congress by May 16, 2027. The FAA must also provide annual briefings to Congress.
Following the submission of the initial integrated plan, the DOT OIG must begin a review of the integrated plan and submit an assessment and recommendations to Congress.
(Sec. 208) This section requires the FAA Deputy Administrator to determine the benefits of a public-facing dashboard that provides certain FAA applicants the ability to track the status of an FAA application (e.g., an airman certificate, pilot certificate, medical certificate, or aircraft registration). The Deputy Administrator must provide the FAA Administrator with a recommendation regarding the need for, or benefits of, a dashboard or other means to track an application status.
Further, the Deputy Administrator must determine whether it would be beneficial to provide a public feedback portal on the FAA website that allows the public to provide feedback to the Administrator about experiences individuals have working with FAA personnel.
(Sec. 210) This section makes a technical correction to a provision regarding the Civil Aeromedical Institute.
(Sec. 211) This section repeals the FAA Air Traffic Services Board.
The section also renames and restructures the Federal Aerospace Management Advisory Council (MAC). The 13-member MAC advises the FAA's senior management on policy, spending, and regulatory matters.
(Sec. 212) This section removes the requirement that the appointment of the Chief Operating Officer (COO) for the air traffic control system be approved by the Air Traffic Services Board. (Sec. 211 repeals the board.) In addition, this section specifies certain responsibilities of the COO, for example the state of good repair for the air traffic control system.
(Sec. 213) This section requires the FAA to annually submit a report to Congress and DOT (within 10 days of the President submitting a budget to Congress) on any unfunded capital investment needs of the air traffic control system.
(Sec. 214) This section specifies the minimum qualifications necessary for the position of FAA Chief Technology Officer (CTO) and applies certain restrictions on postemployment activities (e.g., lobbying) to the CTO.
(Sec. 215) This section includes in the FAA definition of an air traffic control system the systems, software, and hardware operated, owned, and maintained by third parties that support or directly provide air navigation information and air traffic management services with FAA approval.
(Sec. 216) This section requires the DOT Office of Inspector General (OIG) to perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations. The DOT OIG must perform the peer review every five years and submit a report to Congress. This section also removes the current requirement for annual reporting to Congress on submissions of complaints.
(Sec. 217) This section requires the FAA to designate a Cybersecurity Lead as the lead for FAA cybersecurity systems and hardware. The Cybersecurity Lead must brief Congress on the implementation of specific aviation cybersecurity requirements of this act.
(Sec. 218) This section repeals various requirements for DOT and the FAA to submit reports or provide briefings to Congress and the Administration. This section also repeals various rulemaking requirements.
(Sec. 219) This section authorizes DOT to provide service of notice and process electronically (or by facsimile transmission) to an air carrier or a foreign air carrier in all proceedings before, and actions of, DOT or the FAA. Current law requires service be made by personal service, on a designated agent, or by certified or registered mail.
(Sec. 220) This section requires that the FAA initiate the digitization of at least three FAA certification processes based on the FAA’s identification of processes that require paper-based information exchange between external entities and the FAA (e.g., an aircraft certification, aircraft registration, or airmen certification or authorization, an exemption, or a letter of authorization). The digitization of any process must allow applicants to track the application, including its status, through the review process.
The FAA must brief Congress on the progress of such digitization.
(Sec. 221) This section provides that the FAA may establish telework policies for employees that allow for the FAA to reduce the office footprint and associated FAA expenses, while requiring that the policy meets certain standards. These standards include that the policy
Further, the FAA must provide secure network capacity, communications tools, and secure access to FAA data and equipment to any FAA employee with an established telework policy.
The FAA must provide updates to Congress on the telework policy.
Before updating any telework agreements, the FAA must consult with labor organizations representing air traffic controllers and FAA airway transportation systems specialists, aviation safety inspectors, and engineers.
(Sec. 222) This section directs DOT to complete an inventory review of the FAA's domestic office footprint. For example, the report must include (1) a determination of the space adequacy related to the Americans with Disabilities Act of 1990 and other guidelines, and (2) how telework policies will impact space usage.
DOT must submit a report to Congress which describes opportunities for (1) the consolidation of offices within a reasonable distance from one another, (2) the collocation of regional or satellite offices of separate modes of DOT, and (3) the use of coworking spaces instead of permanent offices.
(Sec. 223) This section provides statutory authority for DOT to prohibit the disclosure of information obtained or developed in the process of ensuring security if DOT determines that disclosing the information would (1) be an unwarranted invasion of personal privacy, (2) reveal a trade secret or privileged or confidential commercial or financial information, or (3) be detrimental to transportation safety. (These authorities were repealed as part of the FAA Reauthorization Act of 2018.)
This section is effective as of October 5, 2018. All authority restored to DOT and the FAA under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018.
(Sec. 224) This section directs the FAA to encourage employee participation in recognized industry standards organizations in order to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organizations. FAA employees directed to participate in a working group, task group, or committee of an organization must meet certain participation requirements (e.g., actively participate and contribute).
(Sec. 226) This section directs the FAA to designate that any aviation rulemaking committee convened under this act is exempt from Federal Advisory Committee Act requirements.
(Sec. 227) This section allows the FAA administrative services franchise fund to be reimbursed after performance or paid in advance. Prior to this act, all funds had to be paid in advance.
(Sec. 228) This section specifies that, under the FAA's general procurement authority, the FAA must periodically update the acquisition management system. Further, when possible, the FAA must provide consideration for commercial products and services.
(Sec. 229) This section directs the FAA to establish an Advanced Aviation Technology and Innovation Steering Committee to assist the FAA in planning for and integrating advanced aviation technologies. This includes creating a comprehensive strategy and action plan for integrating advanced aviation technologies into the national airspace system and aviation ecosystem.
(Sec. 230) This section requires DOT to identify National Environmental Policy Act of 1969 (NEPA) categorical exclusions under the jurisdiction of DOT, including any operating administration within DOT. (A categorical exclusion is a category of actions that the agency has determined do not have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is normally required.)
The FAA must also review the categorical exclusions applied by other operating administrations identified by DOT and take such action as may be necessary to adopt appropriate new categorical exclusions that meet regulatory requirements for use by the FAA.
(Sec. 231) This section directs the FAA to prioritize the implementation of specific anti-fraud and abuse recommendations in the Government Accountability Office (GAO) report titled Aviation: FAA Needs to Better Prevent, Detect, and Respond to Fraud and Abuse Risks in Aircraft Registration. (This March 25, 2020, GAO report includes 15 recommendations to the FAA, including that the FAA should collect and verify information on aircraft ownership.)
The FAA must submit a report to Congress on the implementation of the recommendations.
TITLE III--AVIATION SAFETY IMPROVEMENTS
Subtitle A--General Provisions
(Sec. 301) This section repeals rulemaking requirements for helicopter and air ambulance operations to allow subsequent actions through other means.
The FAA must brief Congress on how a final rule published on April 26, 2024, on Safety Management Systems, will (1) improve helicopter air ambulance operations and piloting, and (2) consider the use of safety equipment by flight crew and medical personnel on a helicopter conducting an air ambulance operation.
Further, the FAA must make specific data on helicopter air ambulance operations publicly available and analyze the data to inform efforts to improve the safety of the operations.
(Sec. 302) This section addresses safety standards related to foreign aircraft repair stations, including by requiring that all foreign aircraft repair stations are subject to at least one unannounced safety inspection each year. This section directs the FAA to require minimum qualifications for mechanics and others working on U.S.-registered aircraft at foreign repair stations.
The section prohibits certain agreements, contracts, and application approvals related to maintenance in a country that the FAA's International Aviation Safety Assessment program has classified as Category 2 (i.e., the country does not provide safety oversight in accordance with certain international standards).
Air carriers must also submit annual reports to the FAA concerning heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside of the United States.
Further, the FAA must issue a final rule on drug and alcohol testing and initiate a rulemaking that requires a covered repair station to confirm that certain employees have successfully completed a security threat assessment.
(Sec. 303) This section requires the FAA Organization Designation Authorization (ODA) Office to convene a forum at least every two years to share best practices and foster open and transparent communication. (The ODA Office oversees and ensures consistency of the FAA's oversight program for companies that issue certificates and conduct certain inspections on behalf of the agency.)
(Sec. 304) This section requires the FAA to ensure that each Organization Designation Authorization (ODA) holder has a recurrent training program in effect for all ODA unit members. (ODA holders are authorized to issue certificates and perform other functions on behalf of the FAA.) The program must include the professional obligations and responsibilities for unit members, the ODA holder’s code of ethics, and the procedures for reporting safety concerns.
As part of the recurrent training program, an ODA unit member must complete ethics training required by the ODA holder within 60 business days of being designated as an ODA unit member, and annually thereafter.
The FAA must also review the recurrent training programs to ensure each program covers specific elements (e.g., the ODA holder's code of ethics) and includes training to instill professionalism and clear understanding among ODA unit members about the purpose of and procedures associated with safety management systems. The FAA may require changes to the training program necessary to maintain standards across all ODA holders and unit members.
(Sec. 305) This section specifies that the FAA may not publicly disclose a report, data, or other information submitted to the FAA and related to the development, implementation, or use of an FAA-accepted Safety Management System (SMS). This includes a system required by regulation. (An SMS is a formal, organization-wide approach to safety risk that includes systematic procedures, practices, and policies.)
(Sec. 306) This section extends various reporting requirements and authorities in the Aircraft Certification, Safety, and Accountability Act through FY2028. For example, this section reauthorizes through FY2028 the Samya Rose Stumo National Air Grant Fellowship Program, which provides grants to graduate level students in aerospace- related fields to gain experience in how aviation legislation and policy are developed.
(Sec. 307) This section extends through FY2028 and modifies the authority of the FAA Executive Council to annually evaluate the FAA Compliance Program to assess the functioning and effectiveness of the program. As part of the annual evaluation, the FAA Executive Council must also assess (1) the need for long-term metrics that apply to all program offices, (2) if the program ensures the highest level of compliance with safety standards, (3) if the program has met its stated safety goals and purpose, and (4) FAA employee confidence in the program.
(Sec. 308) This section requires the FAA to consider the scalability of Safety Management System (SMS) requirements when conducting any rulemaking to require an SMS or implementing a regulatory requirement for SMS. (An SMS is a formal, organization-wide approach to safety risk that includes systematic procedures, practices, and policies.)
(Sec. 309) This section directs the FAA to review the FAA final rule on Safety Management Systems (SMSs) issued on April 26, 2024. The FAA must ensure that the SMS final rule applies to specific certificate holders, including commuter and on-demand operations, and commercial air tour operators. If the FAA determines that the final rule does not apply the SMS requirement in this manner, the FAA must issue, as necessary, regulations, guidance, or policy to ensure this application of the SMS requirement.
(Sec. 310) This section directs the FAA to enter into an agreement with a federally funded research and development center to conduct a review and study the type certification program. A report must be submitted to the FAA and Congress that includes
The FAA must also brief Congress on any actions the FAA proposes to take as a result of the report and the FAA’s rationale for not taking action on any specific recommendation.
(Sec. 311) This section directs the FAA to assess the use of advanced tools during the testing, analysis, and verification stages of aerospace certification projects to reduce the risks associated with high-risk flight profiles and performing limit testing. In carrying out the assessment, the FAA must consult with aircraft manufacturers and associations, researchers and academics, and pilots who are experts in flight testing. The FAA must brief Congress on the results of the assessment.
Based on the results of the assessment, as appropriate, the FAA must amend regulations and modify any associated advisory circulars, guidance, or policy.
(Sec. 312) This section directs the FAA to publish a notice of proposed rulemaking on transport airplane and propulsion certification modernization. This rulemaking must address Aviation Rulemaking Advisory Committee (ARAC) Regulatory Reform Recommendations, harmonize with European Aviation Safety Agency (EASA) CS-25, and codify commonly used special conditions and exemptions.
(Sec. 313) This section requires the FAA to establish an internal regulatory review team to review and compare domestic and international airworthiness standards and guidance for aircraft engine firewalls. Based on the findings, the FAA must update the Significant Standards List.
(Sec. 314) This section requires the FAA to periodically (1) conduct a review of the risk-based model used by the FAA certification management offices to inform the frequency of aircraft manufacturing or production facility inspections, and (2) update the model to account for risks during periods of increased production.
The FAA must periodically brief Congress on the review and any changes made to the model.
(Sec. 315) This section requires the FAA to enter into an appropriate arrangement with a qualified third-party organization or consortium to evaluate the collection, collation, analysis, and use of aviation data across the FAA. Based on the evaluation, the organization must provide a report to the FAA that includes recommendations to (1) improve data access across FAA offices to support efficient execution of safety analysis, and programs, and (2) improve data storage best practices.
The FAA must review the recommendations, develop an implementation plan for the recommendations, and begin the implementation. The FAA must also submit a report to Congress on the implementation plan.
(Sec. 316) This section requires the GAO to examine how to improve the procurement, functionality, and sustainability of weather reporting systems, including automated weather observing systems, automated surface observing systems, visual weather observing systems, and nonfederal weather reporting systems.
The GAO must submit a report to Congress that includes specific recommendations, including alternative means of compliance for obtaining weather elements at airports.
(Sec. 317) This section directs the GAO to conduct a study and submit a report to Congress on the feasibility and benefits and costs of expanding the FAA Weather Camera Program to U.S. locations that lack weather camera services.
(Sec. 318) This section requires the DOT Office of Inspector General (OIG) to audit the FAA's internal processes and procedures for communication between civil aviation operators and the National Telecommunications and Information Administration (NTIA) regarding proposed spectrum reallocations or auction decisions. In conducting the audit, the DOT OIG must assess best practices and policy recommendations for the FAA to improve internal review processes and external communication.
The DOT OIG must submit a report with recommendations to the FAA and Congress.
(Sec. 319) This section requires the FAA, in coordination with the National Transportation Safety Board, to collect and analyze data related to accidents and incidents that occurred within 30 nautical miles of an airport and that involve aircraft, balloons, and gliders exempt from air traffic control transponder and altitude reporting equipment and use requirements. The review must include data for accidents and incidents since 2006, including the cause of the accident or incident.
The FAA must brief Congress on the results.
(Sec. 320) This section requires the FAA Aviation Rulemaking Advisory Committee (ARAC) to review the recommendations of the ARAC Rotorcraft Occupant Protection Working Group and update the 2018 report on rotorcraft occupant protections. As part of the update, ARAC must review National Transportation Safety Board data on post-crash fires in helicopter accidents and determine whether crash-resistant fuel systems could have prevented fatalities in these accidents.
ARAC must also develop recommendations for the FAA or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in all helicopters. This section also establishes FAA implementation requirements for any safety recommendations from the ARAC to the FAA.
Further, the FAA must partner with the U.S. Helicopter Safety Team to facilitate implementation of any recommendations for the helicopter industry.
(Sec. 321) This section requires the FAA to review and implement, as appropriate, the National Transportation Safety Board recommendations from the August 10, 2021, report titled Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121. The FAA must brief Congress regarding any planned actions in response to the report's recommendations.
Further, the FAA must brief Congress every two years on the implementation status of the recommendations in the safety research report. If the FAA decides not to implement a recommendation in the report, the FAA must provide a description of the reason.
(Sec. 322) This section directs DOT to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on radiation exposure of crewmembers onboard various types of aircraft. DOT must submit the study to Congress.
The study must assess
(Sec. 323) This section directs DOT to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a one-year study on the health and safety impacts of unsafe cabin temperature with respect to passengers and crewmembers during each season. In conducting the study, the National Academies must review existing standards on safe air temperatures and humidity levels in enclosed environments. The National Academies must also evaluate the validity of such standards as they relate to aircraft cabin temperatures.
The National Academies must submit a report to DOT on the results, including any recommendations. DOT must submit a report to Congress.
(Sec. 324) This section directs DOT to task the Air Carrier Access Act Advisory Committee to review and make recommendations on regulations related to lithium–ion battery–powered wheelchairs and mobility aids on commercial aircraft to ensure their safe transport in air transportation. The committee must consult with the Pipeline and Hazardous Materials Safety Administration. The committee must consider existing or necessary standards, the availability of necessary containment or storage devices (e.g., fire containment covers or fire–resistant storage containers), and the policies of each air carrier for lithium–ion battery–powered wheelchairs and mobility aids.
The committee must notify DOT about any air carrier that does not have a policy in effect for lithium–ion battery–powered wheelchairs and mobility aids and must notify the air carrier.
DOT must submit a report to Congress that includes any recommendations by the committee and publish the report on the department’s website.
(Sec. 325) This section directs the FAA to review national flight simulator program policies and guidance, including consulting with air carriers, flight schools, training centers, and manufacturers and suppliers of flight simulation training devices. Upon completion of the review, the FAA must update specific policies and guidance.
Further, the GAO must study and submit a report to Congress on the FAA's National Simulator Program (which is part of the Air Transportation Division's Training and Simulation Group).
(Sec. 326) This section directs the FAA to submit a report to Congress detailing the amount of time the application approval process takes for agricultural aircraft operations.
(Sec. 328) This section specifies that the FAA has sole regulatory and oversight jurisdiction over the maintenance and operations of aircraft that are owned by civilian operators and type-certificated in the restricted category.
As background, operation of restricted category aircraft is limited to special purposes identified in the applicable type design. These special-purpose operations include
(Sec. 329) This section directs the FAA to conduct a study and brief Congress on foreign interchange agreements, including methods for updating certain regulations, time limits for agreements, and minimum breaks between agreements. Based on the results of the study, the FAA may update related regulations.
(Sec. 330) This section directs the FAA to convene a task force on human factors in aviation safety. The task force must produce a written report. For example, the report must include
The task force's initial length of existence is two years; the FAA may extend the task force for an additional period of up to two years.
(Sec. 331) This section directs the FAA to update FAA standards to allow for the distribution and use of the Capstone Restricted Routes and Terminal Procedures by Wide Area Augmentation System (WASS) -capable navigation equipment. (WAAS is a navigation system that provides augmentation information to Global Positioning System/WAAS receivers to enhance the accuracy and integrity of position estimates. WASS provides vertically-guided landing approaches in instrument meteorological conditions at all qualified locations throughout the National Airspace system.)
The FAA must ensure the standards provide a means for allowing modifications and continued development of new routes and procedures proposed by air carriers operating such routes.
(Sec. 332) This section requires the FAA and the National Oceanic and Atmospheric Administration to collaborate on collecting the real-time service status of all automated surface observation systems (ASOS) and automated weather observing systems (AWOS). The FAA must make service status information available on a publicly available website.
As background, the ASOS program is a joint effort of the National Weather Service, the FAA, and the Department of Defense. The more than 900 ASOS sites in the United States collect observations on a continual basis, 24 hours a day. AWOS units are operated and controlled by the FAA. The AWOS stations predate ASOS. They generally report at 20-minute intervals and, unlike ASOS, do not report special observations for rapidly changing weather conditions.
(Sec. 333) This section directs the FAA to task the Investigative Technologies Aviation Rulemaking Advisory Committee with reviewing and assessing the need for changes to the safety requirements related to certain flight systems for turbine-powered rotorcraft certificated for six or more passenger seats. The committee must specifically look at flight data recorders, flight data monitoring, and terrain awareness and warning systems for these rotorcraft.
The advisory committee must submit a report to the FAA that includes any recommendations for legislative or regulatory action to improve safety.
The FAA must brief Congress on the report and any plan to implement the report’s recommendations.
(Sec. 334) This section requires the FAA to review the technical standard for the nine levels of a Human Readiness Level scale (ANSI/HFES 400-2021) and their application in systems engineering and human systems integration processes. The FAA must determine whether any materials from the standard should be incorporated or referenced in FAA procedures and guidance material in order to enhance safety in relation to human factors.
(Sec. 335) This section directs the FAA to annually brief Congress on the FAA’s compliance with service difficulty report requirements during the preceding year. Among other things, the briefing must include a general description of the causes of all service difficulty reports and actions taken by, or required by, the FAA to address identified causes of service difficulties.
(Sec. 336) This section requires the FAA to establish a working group, or task an existing one, to review and evaluate all regulations and policies related to check airmen and authorized check airmen for air carrier operations conducted under Part 135 qualification and training requirements.
For purposes of this section, authorized check airman means an individual employed by an air carrier that meets specific qualifications and training requirements and is approved to evaluate and certify the knowledge and skills of pilots employed by the air carrier. In general, Part 135 operators encompass scheduled commuter flight operations using small aircraft, generally having nine or fewer passenger seats, or charter operations in aircraft having 30 or fewer passenger seats.
(Sec. 337) This section eliminates the prohibition against DOT closing or reducing the hours of operation of a Flight Service Station (FSS) unless an automated FSS is provided. (A FSS is an air traffic facility?that provide pilot briefings, flight plan processing, en route flight advisories, search and rescue services, and assistance to lost aircraft and aircraft in emergency situations. An FSS also relays air traffic control clearances, processes Notices to Air Missions, and broadcasts aviation weather and aeronautical information.)
(Sec. 338) This section directs the Bureau of Transportation Statistics (BTS), in consultation with DOT and the FAA, to conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports. Among other things, the study must include the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.
Further, the BTS must establish a pilot program at up to six airports to collect data and develop ground-based tarmac delay statistics or other relevant statistics.
The BTS must publish the results of the study and the pilot program on a publicly available website.
(Sec. 339) This section modifies current FAA requirements for rural areas to allow the FAA to permit an air carrier operating pursuant to Part 135 to conduct an approach under instrument flight rules. An air carrier may do this at a destination in a noncontiguous state without a Meteorological Aerodrome Report (METAR) so long as the destination meets certain requirements. Among other things, the destination must have a current area forecast supplemented by noncertified weather observations.
Further, the FAA must develop an application template to enable FAA inspectors to objectively evaluate an application submitted by an air carrier. The FAA must inform rejected applicants of the specific criteria that were the cause for rejection.
(Sec. 340) This section requires the GAO to conduct a study on the FAA’s use of waivers of rights that may arise as a condition for the settlement of any proceedings to amend, modify, suspend, or revoke an airman certificate or to impose a civil penalty on a flight engineer, mechanic, pilot, or repairman.
The GAO must submit a report to Congress that includes recommendations for any legislation and administrative action.
(Sec. 341) This section directs the FAA to enter into an arrangement with a qualified third party to evaluate whether poor air quality inside the passenger terminal at Washington Dulles International Airport in Virginia negatively affects passengers.
(Sec. 342) This section requires the FAA to redesignate the Alaska Aviation Safety Initiative as the Don Young Alaska Aviation Safety Initiative. Under the initiative, the FAA must work cooperatively with aviation stakeholders and other stakeholders to (1) reduce the rate of fatal aircraft accidents in Alaska and other covered locations (i.e., Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands); and (2) eliminate fatal accidents of aircraft operated by an air carrier under Part 135 by January 1, 2033.
The FAA must also ensure, to the greatest extent practicable, the installation and operation of covered automated weather systems at airports in Alaska and other covered airports (i.e., an airport in a covered location that is included in the national plan of integrated airport systems and has a status other than unclassified in the plan). The FAA must identify and implement reasonable alternative actions to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages, at covered airports.
Further, the FAA must deploy visual weather observation systems and develop standard operation specifications for the systems.
The initiative must also continuously assess the weather camera systems in Alaska and covered locations to ensure the operational sufficiency and reliability of the systems.
By December 31, 2030, the FAA must ensure that Automatic Dependent Surveillance-Broadcast (ADS-B) coverage is available at 5,000 feet above ground level throughout Alaska and each covered location.
The FAA must submit an annual report to Congress on the initiative, including an itemized description of how the FAA budget meets the goals of the initiative. Further, the GAO must conduct a study to examine the effectiveness of the initiative and identify challenges within the FAA to accomplishing safety improvements carried out under the initiative. The GAO must submit a report to Congress with the findings of the study and recommendations for legislative or administrative action.
This section prohibits the FAA from restricting funding from being used at an airport in Alaska to rehabilitate, resurface, or reconstruct the full length and width of an existing runway.
This section also allows the FAA to consider local applicants for a safety critical FAA position in the covered locations if the FAA determines there are unique circumstances affecting the ability to fill the position.
Finally, by May 16, 2027, the FAA must implement the National Transportation Safety Board recommendations A–22–25 and A–22–26.
(Sec. 343) This section requires applicants that submit design data to the FAA for a finding of compliance (as part of an application for type certificate) to certify that (1) the data demonstrates compliance with the applicable airworthiness standards, and (2) any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety (as agreed upon by the FAA).
The FAA must brief Congress on the implementation of this certification requirement.
(Sec. 344) This section directs the FAA to revise the changed product rule requirements (1) for a significant design change in specific circumstances to require that the FAA provide public notice and an opportunity to comment, and (2) to ensure appropriate documentation of any exception or exemption from airworthiness requirements.
Under current law, an applicant for a change to a type certificate must show that the change complies with the applicable airworthiness requirements in effect on the date of the application. Certain exceptions allow an applicant to show that the change complies with an earlier amendment of the regulation. One of these exception applies if the FAA finds that compliance with a regulation would be impractical (i.e., the impracticality exception). This section directs the FAA to require that the impracticality exception only be approved for any significant design change after providing public notice and opportunity to comment.
Further, the FAA must ensure appropriate documentation of any exception or exemption from airworthiness requirements, as in effect on the date of application for the change.
The FAA must also brief Congress on the FAA’s implementation of the recommendations of the Changed Product Rule International Authorities Working Group, including recommendations on harmonized changes and reforms regarding the exception.
The FAA must also submit an annual report to Congress detailing the number of all significant design change exceptions approved and denied under the type certification regulations.
(Sec. 345) This section increases the threshold for the amount in controversy required for federal courts to have exclusive jurisdiction over a civil action involving a penalty by the Department of Homeland Security or the FAA.
Further, this section increases the maximum civil penalties that the Transportation Security Administration, the FAA, or the NTSB may impose on individuals, small business, and businesses for certain violations.
(Sec. 346) This section directs the FAA to enter into an agreement with a federally funded research and development center to study, in consultation with appropriate FAA aviation safety engineers, the occurrences and potential consequences of a transport airplane design found to not comply with applicable airworthiness standards. A transport airplane is a category of airplane designed for operation by an air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative.
The FAA must submit a report to Congress on the study. The report must include actions the FAA determines necessary to improve safety and any root causes of an identified unsafe condition.
(Sec. 347) This section requires the FAA to continuously track and evaluate ground traffic and air traffic activity and related incidents at airports.
Further, the FAA must establish a Runway Safety Council to develop a systematic management strategy to address airport surface safety risks. The FAA must establish a timeline and action plan for (1) replacing, maintaining, or enhancing the operational capability provided by existing airport surface detection and surveillance systems; and (2) implementing runway safety technologies at airports without airport surface detection and surveillance systems.
Within five years of the law’s enactment, certain airports (including all medium and large hub airports) must have surface detection and surveillance systems deployed and operational.
The FAA must assess, in coordination with the council, automated foreign object debris monitoring and detection systems at not less than three airports that are using such systems.
The FAA must enter into an arrangement with a federally funded research and development center to conduct a study of runway incursions, airport surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight to determine how advanced technologies and future airport development projects may be able to reduce the frequency of such events and enhance aviation safety. As part of the study, the center must develop recommendations for the FAA’s strategic planning efforts to appropriately maintain surface safety. The FAA must submit the report to Congress.
(Sec. 348) This section requires the FAA to implement improvements to the Aviation Safety Information Analysis and Sharing (ASIAS) Program with respect to safety data sharing and risk mitigation. This must include developing predictive capabilities to anticipate emerging safety risks and establishing (1) a robust process for prioritizing requests for safety information, (2) guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data, and (3) processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments.
The FAA must prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs.
The FAA must brief Congress on the progress of implementation of the ASIAS Program by November 12, 2024, and every six months thereafter until the improvements are made.
(Sec. 349) This section directs the FAA to convene an aviation rulemaking committee to review and develop recommendations on Instructions for Continued Airworthiness (ICA). The committee must consider the
The FAA must initiate rulemaking or make such policy and guidance updates as necessary to address any consensus recommendations reached by the committee.
(Sec. 350) This section requires the FAA to convene a rulemaking committee to provide recommendations regarding the installation of secondary cockpit barriers on passenger airliners operated by U.S. air carriers that are not otherwise subject to existing or proposed regulations, including existing aircraft. The FAA must issue a final rule mandating the installation of secondary barriers on such aircraft that takes into consideration the findings and recommendations of the committee.
(Sec. 351) This section directs the FAA to implement specific duty and rest requirements for Part 135 flight crew (i.e., non-scheduled, commercial aircraft operations). The FAA must require that any operation conducted by a flight crew member during an assigned duty period before, during, or after the duty period without an intervening rest period, must count towards the flight time and duty period limitations. An exception is included to require the FAA to allow for appropriate accommodation for organ transportation flights.
The FAA must also update any FAA policy and guidance regarding complete and accurate record keeping practices for these operators, including compliance with flight and duty times limitations and post-duty rest requirements.
Further, the FAA must ensure operators are evaluating and appropriately mitigating aviation safety risks in Safety Management Systems, including, risks associated with (1) inadequate flight crewmember duty and rest periods; and (2) incomplete records pertaining to flight crew rest, duty, and flight times.
(Sec. 352) This section directs the FAA to require that by May 16, 2029, all applicable aircraft manufactured on or after January 1, 2028, must be
(Sec. 353) This section directs the FAA to initiate a Call to Action safety review of airport ramp worker safety. The FAA must submit a report to Congress and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible ways to mitigate such risks to be considered in any applicable safety management system of air carriers and airports.
The FAA must publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews. The FAA may require that a ramp worker receive the relevant engine ingestion and jet blast zone hazard training before performing work on any airport ramp.
In carrying out this section, the FAA must consult with aviation safety experts, air carriers, aircraft manufacturers, relevant labor organizations, and airport operators.
(Sec. 354) This section protects certain safety or security-related information voluntarily submitted to the FAA against disclosure by a third party. (Prior to this act, the protection only extended to disclosure by the FAA and any agency receiving the information from the FAA.) Further, this section specifies that the FAA must review and update regulations to designate and protect from disclosure information or data submitted, collected, or obtained by the FAA under voluntary safety programs.
(Sec. 355) This section requires the FAA to issue a notice of proposed rulemaking by May 16, 2025, to implement requirements that meteorological evaluation towers must be clearly marked or included in a designated database. If the FAA fails to issue the notice of proposed rulemaking, the FAA must submit an annual report to Congress on the status of the rulemaking, including a list of fatal aircraft accidents associated with unmarked towers that have occurred over the previous five years.
(Sec. 356) This section makes a technical correction to a provision on the promotion of civil aeronautics and the safety of air commerce.
(Sec. 357) This section requires the FAA to promote and support the education and professional development of current and future aerospace professionals.
(Sec. 358) This section directs the FAA to maintain an international presence to, among other things, assist foreign civil aviation authorities; encourage the adoption of U.S. standards, regulations, and policies; and enter into and seek to update Bilateral Aviation Safety Agreements (BASAs) with international aviation authorities.
Under this section, the FAA may provide technical assistance and training to a foreign government in the absence of a BASA, in certain circumstances.
This section also directs the FAA to ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.
DOT must initiate a review to evaluate the performance of the FAA type certificate validation program under BASAs, with a focus on agreed to implementation procedures. The FAA must submit a report on the review to Congress.
Further, the FAA must maintain a strategic plan for international engagement that includes specific initiatives, policies, and procedures.
(Sec. 359) This section directs the FAA and DOT to delegate to the appropriate FAA office supervisors the ability to authorize the domestic and international travel for relevant FAA personnel without additional approvals required for promoting, facilitating, and supporting specific activities (e.g., performing site visits, training, and promoting U.S. aviation safety standards, regulations, and initiatives).
(Sec. 360) This section requires the FAA to promulgate a rule to (1) allow for the transport of firefighters to and from a wildfire site to perform ground wildfire suppression and designate the firefighters as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire; (2) allow the FAA to waive certain aircraft maintenance, inspections, and pilot training requirements; and (3) waive certain noise standards.
Under this rule, certain surplus military aircraft may not be used for wildfire suppression operations.
(Sec. 361) This section directs the FAA to brief Congress, in coordination with the heads of other relevant federal agencies, on the effects that certain high altitude balloon operations (i.e., that do not emit electronic or radio signals for identification purposes and are launched within the United States) may have on U.S. aviation safety. High altitude balloon means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.
Further, the FAA must establish an aviation rulemaking committee to review and develop findings and recommendations to inform a standard for any high altitude balloon to be equipped with a system for continuous aircraft tracking. The system must transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner that is accessible to air traffic controllers and ensures the safe integration of high altitude balloons into the national airspace system.
The committee must submit a report to the FAA that details the findings and recommendations. The FAA must brief Congress on the report.
(Sec. 362) This section directs the FAA to develop a standardized system for air carrier employees to voluntarily report fume or smoke events onboard certain passenger-carrying aircraft.
The FAA must also complete a study on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality. The FAA must enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study and issue recommendations (to be made publicly available) on cabin air quality and any risk of, and potential for, persistent and accidental fume or smoke events onboard a passenger-carrying aircraft.
Following completion of the study, the FAA may, as appropriate, issue a notice of proposed rulemaking to establish requirements for certain scheduled passenger air carrier operations. The requirements may include (1) training for air carrier employees, airport first responders, and others 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 certain fume or smoke events; and (3) the installation of onboard aircraft detectors and other air quality monitoring equipment.
(Sec. 363) This section requires the FAA to update safety standards for commercial air tour operators (i.e., sightseeing airplane and helicopter flights). Within two years of FAA publishing a final rule, all commercial air tour operators, with exceptions, must hold an air carrier certificate or commercial operator certificate. The section excludes small businesses (i.e., 100 or fewer commercial air tours in a calendar year) from the requirement.
The FAA must issue new or revised regulations requiring FAA approval prior to conducting operations with a removed or modified door by (1) a certificated commercial air tour operator, or (2) a person conducting aerial photography operations.
Further, the FAA must convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of commercial air tours. The section also requires the FAA to issue a rule based on the recommendations. At a minimum, the rule must (1) adopt specified pilot training and maintenance standards for commercial tour operators, and (2) require a helicopter operated by a commercial air tour operator to be equipped with an approved flight data monitoring system capable of recording flight performance data.
The section also requires the FAA to convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of sport parachute operations.
(Sec. 364) This section directs the FAA to participate as a technical advisor in the Hawaii air noise and safety task force, to the extent acceptable to the state of Hawaii. Following the task force’s delivery of findings and consensus recommendations to the FAA, the FAA must take action (e.g., issue an intent to proceed with a proposed rulemaking) or issue a statement determining that no such rule or other action is warranted.
(Sec. 365) This section requires the FAA to conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes. The FAA must study evacuation testing and demonstration procedures and consider revisions to ensure that the procedures assess the abilities of specified categories passengers to safely and efficiently evacuate, including passengers of different ages, heights, and weights; passengers who do not speak English; and passengers with disabilities.
The FAA must establish an aviation rulemaking committee to review the findings of the study and develop recommendations for improvements to the evacuation standards. The FAA must submit a report to Congress on the findings and recommendations, as well as the FAA’s plan to implement any of the recommendations.
The FAA must also issue a notice of proposed rulemaking to implement any of the committee’s recommendations the FAA considers appropriate.
(Sec. 366) This section directs the FAA to require all applicable aircraft to have a cockpit voice recorder installed that is capable of recording at least 25 hours of data. All newly manufactured covered aircraft must meet this requirement by May 16, 2025. All aircraft must meet these standards by May 16, 2030. The FAA must issue a final rule to update applicable regulations, as necessary, to conform to the requirements.
Further, the FAA or an operator is prohibited from using a cockpit voice recording for any certificate action, civil penalty, or disciplinary proceedings against a flight crewmember.
Further, the FAA must issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a cockpit voice recorder is
(Sec. 368) This section directs the FAA to issue a notice of proposed rulemaking regarding first aid and emergency medical equipment and training required for airline flight crewmembers.
The FAA must consider
Within five years of issuing a final rule, and every five years thereafter, the FAA must evaluate and revise the rule, if appropriate. This must include evaluating the included first aid and emergency medical kit equipment and training required for flight crewmembers.
(Sec. 369) This section requires that the FAA, on a regular basis, assess aviation safety oversight measures carried out by a foreign country (1) from which a foreign air carrier is conducting, or seeks to conduct, foreign air transportation to and from the United States; or (2) whose air carriers carry or seek to carry the code of a United States air carrier.
The FAA must consult with the foreign country being assessed and determine the efficacy with which such foreign country carries out and complies with various aviation safety oversight responsibilities.
For a foreign country found in noncompliance, the FAA must notify the foreign country and meet certain discussion requirements, following which the FAA may withhold, revoke, or prescribe conditions on the operating authority of that foreign air carrier. However, the FAA retains the ability to take immediate safety oversight actions if the FAA, in consultation with DOT and the State Department, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from such foreign country.
The FAA must provide notification to such foreign country of non-compliance and recommend actions necessary to bring such foreign country into compliance. If a foreign country later comes into compliance, the FAA shall take such actions as necessary to reflect the updated compliance status.
The FAA must also
Finally, the FAA must submit an annual report on the assessments, including the results of any corrective actions taken by noncompliant foreign countries.
(Sec. 370) This section revises the whistleblower protection enforcement order requirements. If a person fails to comply with a Department of Labor final order, Labor and the FAA must consult to determine the most appropriate action to take. Further, the FAA may assess a civil penalty.
(Sec. 371) This section allows the FAA to assess civil penalties against air carriers and aircraft manufacturers for a violation of requirements under the FAA whistleblower protection program.
(Sec. 372) This section directs the FAA to establish requirements for an Enhanced Qualification Program (EQP) under which qualified air carriers are certified by the FAA to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution.
The FAA must establish (1) guidelines for an assessment that prospective pilots must pass in order to participate in the training, (2) curriculum requirements for the program, (3) a process for air carriers to apply for training program certification (which includes a review to ensure that the training provided by the air carrier will meet certain requirements).
The FAA must also require that each qualified air carrier participating in the EHQ collect and submit program data to the FAA. The FAA must also provide for the regular inspection of qualified air carriers certified under EHQ.
The FAA may issue regulations or guidance as determined necessary to carry out the EHQ.
The act specifies that this section has no effect on specific regulatory requirements for the total number of flight hours, nor on FAA airline transport pilot certificate authority under the Airline Safety and Federal Aviation Administration Extension Act of 2010.
Subtitle B--Aviation Cybersecurity
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