Securing Growth and Robust Leadership in American Aviation Act
Public Law 118- 63
The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies of Sciences, Engineering, and Medicine. (Pound signs [##] between passages denote the deletion of unrelated text.)
HR3935 Graves, Sam (R-Mo.) 05/16/24
Enrolled (finally passed both houses)
To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS
(a) SHORT TITLE.—This Act may be cited as the “FAA Reauthorization Act of 2024”.
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SEC. 315. REVIEW OF FAA USE OF AVIATION SAFETY DATA
(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall seek 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.
(b) CONSULTATION.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—
(1) seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector;
(2) consult with the National Transportation Safety Board and the Transportation Research Board; and
(3) consult with appropriate federally funded research and development centers, to the extent that such centers are not already involved in the evaluation.
(c) SUBSTANCE OF EVALUATION.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—
(1) compile a list of internal and external sources, databases, and streams of information the FAA receives or has access to that provide the FAA with operational or safety information and data about the national airspace system, its users, and other regulated entities of the FAA;
(2) review data sets to determine completeness and accuracy of relevant information;
(3) identify gaps in information that the FAA could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis;
(4) assess the capabilities of the FAA, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions;
(5) .—review data and information for proper storage, identification controls, and data privacy—
(A) as required by law; and
(B) consistent with best practices for data collection, storage, and use;
(6) review the format of such data and identify methods to improve the usefulness of such data;
(7) .—assess internal and external access to data for—
(A) appropriateness based on data type and level of detail;
(B) proper data access protocols and precautions; and
(C) maximizing availability of safety-related data that could support the improvement of safety management systems of and trend identification by regulated entities and the FAA;
(8) examine the collation and dissemination of data within offices and between offices of the FAA;
(9) review and recommend improvements to the data analysis techniques of the FAA; and
(10) recommend investments the Administrator should consider to better collect, manage, and analyze data sets, including within and between offices of the FAA.
(d) ACCESS TO INFORMATION.—The Administrator shall provide the qualified third-party organization or consortium and the experts described in subsection (b) with adequate access to safety and operational data collected by and held by the agency across all offices of the FAA, except if specific access is otherwise prohibited by law.
(e) NONDISCLOSURE.—Prior to participating in the review, the Administrator shall ensure that each person participating in the evaluation under this section enters into an agreement with the Administrator in which the person shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the federally funded research and development center under this section.
(f) REPORT.—The qualified third-party organization or consortium carrying out the evaluation under this section shall provide a report of the findings of the center to the Administrator and include recommendations to improve the FAA’s collection, collation, analysis, and use of aviation data, including recommendations to—
(1) improve data access across offices within the FAA, as necessary, to support efficient execution of safety analysis and programs across such offices;
(2) improve data storage best practices;
(3) develop or refine methods for collating data from multiple FAA and industry sources; and
(4) procure or use available analytics tools to draw conclusions and identify previously unrecognized trends or miscategorized risks in the aviation system, particularly when identification of such information requires the analysis of multiple sets of data from multiple sources.
(g) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 months after the receipt of the report under subsection (f), the Administrator shall review, develop an implementation plan, and, if appropriate, begin the implementation of the recommendations received in such report.
(h) REVIEW OF IMPLEMENTATION.—The qualified third-party organization or consortium that conducted the initial evaluation, and any experts who contributed to such evaluation pursuant to subsection (b)(1), shall provide regular feedback and advice to the Administrator on the implementation plan developed under subsection (g) and any implementation activities for at least 2 years beginning on the date of the receipt of the report under subsection (f).
(i) REPORT TO CONGRESS.—The Administrator shall submit to the appropriate committees of Congress the report described in subsection (f) and the implementation plan described in subsection (g).
(j) EXISTING REPORTING SYSTEMS.—Consistent with section 132 of the Aircraft Certification, Safety, and Accountability Act ( Public Law 116–260 ), the Executive Director of the Transportation Research Board, in consultation with the Secretary and the Administrator, may further harmonize data and sources following the implementation of recommendations under subsection (g).
(k) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to permit the public disclosure of information submitted under a voluntary safety reporting program or that is otherwise protected under section 44735 of title 49, United States Code.
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SEC. 322. STUDY ON RADIATION EXPOSURE
(a) STUDY.—Not later than 120 days after the date of enactment of this Act, the Secretary shall seek to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Research Council of the National Academies shall conduct a study on radiation exposure to crewmembers onboard various aircraft types operated under part 121 of title 14, Code of Federal Regulations.
(b) SCOPE OF STUDY.—In conducting the study under subsection (a), the National Research Council shall assess—
(1) radiation concentrations in such aircraft at takeoff, in-flight at high altitudes, and upon landing;
(2) the health risks and impact of radiation exposure to crewmembers onboard aircraft operating at high altitudes; and
(3) mitigation measures to prevent and reduce the health and safety impacts of radiation exposure to crewmembers.
(c) REPORT TO CONGRESS.—Not later than 16 months after the initiation of the study required under subsection (a), the Secretary shall submit to the appropriate committees of Congress the study conducted by the National Research Council pursuant to this section.
SEC. 323. STUDY ON IMPACTS OF TEMPERATURE IN AIRCRAFT CABINS
(a) STUDY
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall seek to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a 1-year study on the health and safety impacts of unsafe cabin temperature with respect to passengers and crewmembers during each season in which the study is conducted.
(2) CONSIDERATIONS.—In conducting the study required under paragraph (1), the National Academies shall review existing standards produced by recognized industry organizations on safe air temperatures and humidity levels in enclosed environments, including onboard aircraft, and evaluate the validity of such standards as it relates to aircraft cabin temperatures.
(3) CONSULTATION.—In conducting the study required under paragraph (1), the National Academies shall consult with the Civil Aerospace Medical Institute of the FAA, air carriers operating under part 121 of title 14, Code of Federal Regulations, relevant Federal agencies, and any applicable aviation labor organizations.
(b) REPORTS
(1) REPORT TO SECRETARY.—Not later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Secretary a report on the results of such study, including any recommendations determined appropriate by the National Academies.
(2) REPORT TO CONGRESS.—Not later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study required under subsection (a), including any recommendations for further action determined appropriate by the Secretary.
(c) COVERED AIRCRAFT DEFINED.—In this section, the term “covered aircraft” means an aircraft operated under part 121 of title 14, Code of Federal Regulations.
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SEC. 362. CABIN AIR SAFETY
(a) DEADLINE FOR 2018 STUDY ON BLEED AIR.—Not later than 6 months after the date of enactment of this Act, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and submit to the appropriate Congressional committees 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 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, 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 ( 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.
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Subtitle B-Aviation Cybersecurity
SEC. 391. FINDINGS
Congress finds the following:
(1) Congress has tasked the FAA with responsibility for securing the national airspace system, including the air traffic control system and other air navigation services, civil aircraft, and aeronautical products and articles through safety regulation and oversight. These mandates have included protecting against cyber threats affecting aviation safety or the Administration’s provision of safe, secure, and efficient air navigation services and airspace management.
(2) .—In 2016, Congress passed the FAA Extension, Safety, and Security Act of 2016, pursuant to which the FAA enhanced the cybersecurity of the national airspace system by—
(A) developing a cybersecurity strategic plan;
(B) coordinating with other Federal agencies to identify cyber vulnerabilities;
(C) developing a cyber threat model; and
(D) completing a comprehensive, strategic policy framework to identify and mitigate cybersecurity risks to the air traffic control system.
(3) .—In 2018, Congress passed the FAA Reauthorization Act of 2018 which—
(A) authorized funding for the construction of FAA facilities dedicated to improving the cybersecurity of the national airspace system;
(B) required the FAA to review and update its comprehensive, strategic policy framework for cybersecurity to assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system, and evaluate existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system;
(C) created a Chief Technology Officer position within the FAA to be responsible for, among other things, coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aviation industry and other Federal agencies; and
(D) directed the National Academy of Sciences to study the cybersecurity workforce of the FAA in order to develop recommendations to increase the size, quality, and diversity of such workforce.
(4) Congress has declared that the FAA is the primary Federal agency to assess and address the threats posed from cyber incidents relating to FAA-provided air traffic control and air navigation services and the threats posed from cyber incidents relating to civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations, and the aerospace industry affecting aviation safety or the provision of safe, secure, and efficient air navigation services and airspace management by the Administration.
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SEC. 411. AEROMEDICAL INNOVATION AND MODERNIZATION WORKING GROUP
(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a working group (in this section referred to as the “working group”) to review the medical processes, policies, and procedures of the Administration and to make recommendations to the Administrator on modernizing such processes, policies, and procedures to ensure timely and efficient certification of airmen.
(b) MEMBERSHIP
(1) IN GENERAL.—The working group shall consist of—
(A) 2 co-chairs described in paragraph (2); and
(B) not less than 15 individuals appointed by the Administrator, each of whom shall have knowledge or a background in aerospace medicine, psychiatry, neurology, cardiology, or internal medicine.
(2) CO-CHAIRS.—The working group shall be co-chaired by—
(A) the Federal Air Surgeon of the FAA; and
(B) a member described under paragraph (1)(A) to be selected by members of the working group.
(3) PREFERENCE.—The Administrator, in appointing members pursuant to paragraph (1)(B), shall give preference to—
(A) Aviation Medical Examiners (as described in section 183.21 of title 14, Code of Federal Regulations);
(B) licensed medical physicians;
(C) practitioners holding a pilot certificate; and
(D) individuals having demonstrated research and expertise in aeromedical research or sciences.
(c) ACTIVITIES.—In reviewing the aeromedical decision-making processes, policies, and procedures of the Administration in accordance with subsection (a), the working group, at a minimum, shall—
(1) assess the medical conditions an Aviation Medical Examiner may issue a medical certificate directly to an individual;
(2) determine the appropriateness of the list of such medical conditions as of the date of enactment of this Act;
(3) assess the special issuance process;
(4) determine the appropriateness of whether a renewal of a special issuance can be based on a medical evaluation and treatment plan by the treating medical specialist of the individual pursuant to approval from an Aviation Medical Examiner;
(5) evaluate advancements in technologies to address forms of red-green color blindness and determine whether such technologies may be approved for use by airmen;
(6) review policies and guidance relating to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder;
(7) evaluate whether medications used to treat such disorders may be safely prescribed to airmen;
(8) review protocols pertaining to the Human Intervention Motivation Study of the FAA;
(9) .—review protocols and policies relating to—
(A) neurological disorders; and
(B) cardiovascular conditions to ensure alignment with medical best practices, latest research;
(10) review mental health protocols and medications approved for treating such mental health conditions, including such actions taken resulting from recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;
(11) assess processes and protocols pertaining to recertification of airmen receiving disability insurance post-recovery from the medical condition, injury, or disability that precludes airmen from exercising the privileges of an airman certificate;
(12) assess processes and protocols pertaining to the certification of veterans reporting a disability rating from the Department of Veterans Affairs; and
(13) assess and evaluate the user interface and information-sharing capabilities of any online medical portal administered by the FAA.
(d) AVIATION WORKFORCE MENTAL HEALTH TASK GROUP
(1) ESTABLISHMENT.—Not later than 120 days after the working group pursuant to subsection (a) is established, the co-chairs of such working group shall establish an aviation workforce mental health task group (referred to in this subsection as the “task group”) to oversee, monitor, and evaluate efforts of the Administrator related to supporting the mental health of the aviation workforce.
(2) COMPOSITION.—The co-chairs of such working group shall appoint—
(A) a Chair of the task group; and
(B) members of the task group from among the members of the working group appointed by the Administrator under subsection (b)(1).
(3) DUTIES.—The duties of the task group shall include—
(A) carrying out the activities described in subsection (c)(10);
(B) soliciting feedback from aviation industry professionals or other licensed professionals representing air carrier operations under part 121 and part 135 of title 14, Code of Federal Regulations, and general aviation operations under part 91 of title 14, Code of Federal Regulations;
(C) reviewing and evaluating guidance issued by the International Civil Aviation Organization on aviation workforce mental health;
(D) providing advice, as appropriate, on the implementation of the final recommendations issued by the inspector general of the Department of Transportation in the report titled, “FAA Conduct Comprehensive Evaluations of Pilots With Mental Health Challenges, but Opportunities Exist to Further Mitigate Safety Risks”, published on July 12, 2023 (AV2023038);
(E) monitoring and evaluating the implementation of recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;
(F) expanding and improving mental health outreach, education, and assistance programs for the aviation workforce; and
(G) reducing the stigma associated with mental healthcare in the aviation workforce.
(4) REPORT.—Not later than 2 years after the date of the establishment of the task group, the task group shall submit to the Secretary and the appropriate committees of Congress a report detailing—
(A) the results of the review under paragraph (3)(A); and
(B) progress on the implementation of recommendations pursuant to subparagraphs (D) and (E) of paragraph (3); and
(C) the activities carried out pursuant to fulfilling the duties described in subparagraphs (F) and (G) of paragraph (3).
(e) SUPPORT.—The Administrator shall seek to enter into 1 or more agreements with the National Academies to support the activities of the working group described in subsection (c).
(f) FINDINGS AND RECOMMENDATIONS.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the working group shall submit to the Administrator and the appropriate committees of Congress a report on the findings and recommendations resulting from the activities carried out under subsection (c).
(g) IMPLEMENTATION.—Not later than 1 year after receiving recommendations outlined in the report under subsection (f), the Administrator may take such action, as appropriate, to implement such recommendations.
(h) SUNSET.—The working group shall terminate on October 1, 2028.
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SEC. 430. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS
(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall review and, as necessary, revise the staffing model for aviation safety inspectors.
(b) REQUIREMENTS
(1) CONSIDERATION OF PRIOR STUDIES AND REPORTS.—In reviewing and revising the model, the Administrator shall take into consideration the contents and recommendations contained in the following:
(A) The 2006 report released by the National Research Council titled “Staffing Standards for Aviation Safety Inspectors”.
(B) The 2007 study released by the National Academy of Sciences titled “Staffing Standards for Aviation Safety Inspectors”.
(C) The 2013 report released by Grant Thornton LLP, titled “ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report”.
(D) The 2021 report released by the inspector general of the Department of Transportation titled “FAA Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities”.
(E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note).
(2) ASSESSMENTS.—In carrying out this section, the Administrator shall assess the following:
(A) Projected staffing needs at the service and office level.
(B) Forecasted attrition of the aviation safety inspector workforce.
(C) Forecasted workload of aviation safety inspectors, including responsibilities associated with overseeing aviation manufacturers and new airspace entrants.
(D) Means by which field managers use the model to assess aviation safety inspector staffing and provide feedback on resources needed at the office level.
(E) Work performed by aviation safety inspectors in comparison to designees acting on behalf of the Administrator.
(F) Any associated performance metrics to inform periodic comparisons to actual aviation safety inspector staffing level results.
(3) CONSULTATION.—In carrying out this section, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.
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SEC. 437. AIR TRAFFIC CONTROL WORKFORCE STAFFING
(a) MAXIMUM HIRING.—Subject to the availability of appropriations, for each of fiscal years 2024 through 2028, the Administrator shall set as the minimum hiring target for new air traffic controllers (excluding individuals described in section 44506(f)(1)(A) of title 49, United States Code) the maximum number of individuals able to be trained at the Federal Aviation Administration Academy.
(b) TRANSPORTATION RESEARCH BOARD ASSESSMENT
(1) REVIEW.—Not later than 30 days after the date of enactment of this Act, the Administrator shall submit an attestation to the appropriate committees of Congress demonstrating an agreement entered into with the with the National Academies Transportation Research Board to—
(A) compare the Certified Professional Controller (in this section referred to as “CPC”) operational staffing models and methodologies in determining the FAA Controller Staffing Standard included in the 2023 Air Traffic Controller Workforce Plan of the FAA, with such models and methodologies developed by the Collaborative Resource Workgroup of the FAA (in this subsection referred to as “CRWG”) to determine CPC operational staffing targets necessary to meet facility operational, statutory, contractual and safety requirements, including—
(i) the availability factor multiplier and other formula components;
(ii) the independent facility staffing targets of CPCs able to control traffic;
(iii) air traffic controller position utilization;
(iv) attrition rates at each air traffic control facility operated by the Administration; and
(v) the time needed to meet facility operational, statutory, and contractual requirements, including relevant resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system;
(B) examine the current and estimated budgets of the FAA to implement the FAA Controller Staffing Standard included in the 2023 Controller Workforce Plan in comparison to the funding needed to implement the CRWG CPC operational staffing targets;
(C) assess future needs of the air traffic control system and potential impacts on staffing standards, including projected air traffic in the airspace of each air traffic control facility operated by the Administration; and
(D) determine which staffing models and methodologies evaluated pursuant to this subsection best accounts for the operational staffing needs of the air traffic control system and provide a justification for such determination.
(2) REPORT.—Not later than 180 days after the agreement entered into pursuant to paragraph (b)(1), the Transportation Research Board of the National Academies shall submit a report to the Administrator and appropriate committees of Congress on the findings and recommendations under this subsection, including the determination pursuant to subparagraph (D).
(3) CONSULTATION.—In conducting the assessment under this subsection, the Transportation Research Board shall consult with—
(A) the exclusive bargaining representatives of air traffic control specialists of the Administration certified under section 7111 of title 5, United States Code;
(B) front line managers of the air traffic control system;
(C) managers and employees responsible for training air traffic controllers;
(D) the MITRE Corporation;
(E) the Chief Operating Officer of the Air Traffic Organization of the FAA, and other Federal Government representatives;
(F) users and operators in the air traffic control system;
(G) relevant industry representatives; and
(H) other parties determined appropriate by the Transportation Research Board of the National Academies.
(c) REQUIRED IMPLEMENTATION OF IDENTIFIED STAFFING MODEL
(1) USE OF STAFFING MODEL.—The Administrator shall, as appropriate, take such action that may be necessary to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), including any recommendations for improving such model, not later than one year after enactment of this Act.
(2) BRIEFING.—Not later than 90 days after taking such actions to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), the Administrator shall brief the appropriate committees of Congress regarding the reasons for why any recommendation by the Transportation Research Board study was not incorporated into the implemented staffing model.
(d) REVISED STAFFING STANDARDS.—The Administration shall revise the FAA CPC operational staffing standards of the Administration implemented under subsection (c) to—
(1) provide that the controller and management workforce is sufficiently staffed to safely and efficiently manage and oversee the air traffic control system;
(2) account for the target number of CPCs able to control traffic at each independent facility; and
(3) avoid any required or requested reduction of national airspace system capacity or aircraft operations as a result of inadequate air traffic control system staffing.
(e) INTERIM ADOPTION OF COLLABORATIVE RESOURCE WORKGROUP MODELS
(1) IN GENERAL.—In submitting a Controller Workforce Plan of the FAA to Congress published after the date of enactment of this Act, the Administrator shall adopt and use the staffing models and methodologies developed by the Collaborative Resource Workgroup that were recommended in the 2023 Controller Workforce Plan.
(2) REVISIONS TO THE CONTROLLER WORKFORCE PLAN.—Section 44506(e) of title 49, United States Code is amended—
(A) in paragraph (1) by striking “the number of air traffic controllers needed” and inserting “the number of fully certified air traffic controllers needed”;
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
“(2) .—for each air traffic control facility operated by the Federal Aviation Administration—
“(A) the current certified professional controller staffing levels;
“(B) the operational staffing targets for certified professional controllers;
“(C) the anticipated certified professional controller attrition for each of the next 3 years; and
“(D) the number of certified professional controller trainees;
(3) EFFECTIVE DATE.—The requirements of paragraph (1) shall cease to be effective upon the adoption and implementation of a revised staffing model by the Administrator as required under subsection (c).
(f) CONTROLLER TRAINING.—In any Controller Workforce Plan of the FAA published after the date of enactment of this Act, the Administrator shall—
(1) identify all limiting factors on the ability of the Administrator to hire and train controllers in line with the staffing standards target set out in such Plan; and
(2) describe what actions the Administrator intends to take to rectify any impediments to meeting staffing standards targets and identify contributing factors that are outside the control of the Administrator.
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SEC. 544. MOBILITY AIDS ON BOARD IMPROVE LIVES AND EMPOWER ALL
(a) PUBLICATION OF CARGO HOLD DIMENSIONS
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall require air carriers to publish in a prominent and easily accessible place on the public website of the air carrier, information describing the relevant dimensions and other characteristics of the cargo holds of all aircraft types operated by the air carrier, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo.
(2) PROPRIETARY INFORMATION.—The Secretary shall allow an air carrier to protect the confidentiality of any trade secret or proprietary information submitted in accordance with paragraph (1), as appropriate.
(b) REFUND REQUIRED FOR INDIVIDUAL TRAVELING WITH WHEELCHAIR.—In the case of a qualified individual with a disability traveling with a wheelchair who has purchased a ticket for a flight from an air carrier, but who cannot travel on the aircraft for such flight because the wheelchair of such qualified individual cannot be physically accommodated in the cargo hold of the aircraft, the Secretary shall require such air carrier to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight.
(c) EVALUATION OF DATA REGARDING DAMAGED WHEELCHAIRS.—Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall—
(1) .—evaluate data regarding the type and frequency of incidents of the mishandling of wheelchairs on aircraft and delineate such data by—
(A) types of wheelchairs involved in such incidents; and
(B) the ways in which wheelchairs are mishandled, including the type of damage to wheelchairs (such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery or other components, loss, or delay of return);
(2) determine whether there are trends with respect to the data evaluated under paragraph (1); and
(3) make available on the public website of the Department of Transportation, in an accessible manner, a report containing the results of the evaluation of data and determination made under paragraphs (1) and (2) and a description of how the Secretary plans to address such results.
(d) REPORT TO CONGRESS ON MISHANDLED WHEELCHAIRS.—Upon completion of each annual report required under subsection (c), the Secretary shall transmit to the appropriate committees of Congress such report.
(e) FEASIBILITY OF IN-CABIN WHEELCHAIR RESTRAINT SYSTEMS
(1) ROADMAP.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341—
(A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in such Special Report 341; and
(B) sponsor studies that assess issues and considerations, including those set forth in such Special Report 341, such as—
(i) the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and
(ii) the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight.
(2) STUDY.—If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs in the main cabin during flight. Such study shall include an assessment of—
(A) the cost of such seating arrangements, equipment, and installation;
(B) the demand for such seating arrangements;
(C) the impact of such seating arrangements on passenger seating and safety on aircraft;
(D) the impact of such seating arrangements on the cost of operations and airfare; and
(E) any other information determined appropriate by the Secretary.
(3) REPORT.—Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2) and any recommendations the Secretary determines appropriate.
(f) DEFINITIONS.—In this section:
(1) AIR CARRIER.—The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.
(2) DISABILITY; QUALIFIED INDIVIDUAL WITH A DISABILITY.—The terms “disability” and “qualified individual with a disability” have the meanings given such terms in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act).
(3) WHEELCHAIR.—The term “wheelchair” has the meaning given such term in section 37.3 of title 49, Code of Federal Regulations (as in effect on date of enactment of this Act), and includes power wheelchairs, manual wheelchairs, and scooters.
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SEC. 570. REPORT ON RESTORATION OF SMALL COMMUNITY AIR SERVICE
(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the loss of commercial air service in small communities in the United States and options to restore such service.
(b) CONTENTS.—In conducting the study required under subsection (a), that National Academies shall—
(1) assess the reduction of scheduled commercial air service to small communities over a 5-year period ending on the date of enactment of this Act, to include small communities that have lost all scheduled commercial air service;
(2) review economic trends that have resulted in reduction or loss of scheduled commercial air service to such communities;
(3) review the economic losses of such communities who have suffered a reduction or loss of scheduled commercial air service;
(4) identify the causes that prompted air carriers to reduce or eliminate scheduled commercial air service to such communities;
(5) assess the impact of changing aircraft economics; and
(6) identify recommendations that can be implemented by such communities or Federal, State, or local agencies to aid in the restoration or replacement of scheduled commercial air service.
(c) CASE STUDIES.—In conducting the study required under subsection (a), the National Academies shall assess not fewer than 7 communities that have lost commercial air service or have had commercial air service significantly reduced in the past 15 years, including—
(1) Williamsport Regional Airport;
(2) Alamogordo-White Sands Regional Airport; and
(3) Chautauqua County Jamestown Airport.
(d) REPORT.—Not later than 1 year after the date of enactment of this Act, the National Academies shall submit to the Secretary and the appropriate committees of Congress a report containing—
(1) the results of the study described in subsection (a); and
(2) recommendations to Congress and communities on action that can be taken to improve or restore scheduled commercial service to small communities.
(e) FUNDING.—No funding made available to carry out subchapter II of chapter 417 of title 49, United States Code, may be used to carry out this section.
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SEC. 791. UFP STUDY
(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academies under which the National Research Council shall carry out a study examining airborne ultrafine particles and the effect of such particles on airport-adjacent communities.
(b) SCOPE OF STUDY.—In carrying out the study under subsection (a), the National Research Council shall—
(1) summarize the relevant literature and studies done on airborne UFPs worldwide;
(2) focus on large hub airports;
(3) .—examine airborne UFPs and the potential effect of such UFPs on airport-adjacent communities, including—
(A) characteristics of UFPs present in the air;
(B) spatial and temporal distributions of UFP concentrations;
(C) primary sources of UFPs;
(D) the contribution of aircraft and airport operations to the distribution of UFP concentrations compared to other sources;
(E) potential health effects associated with elevated UFP exposures, including outcomes related to cardiovascular disease, respiratory infection and disease, degradation of neurocognitive functions, and other health effects; and
(F) potential UFP exposures, especially to susceptible groups;
(4) consider the concentration of UFPs resulting from various aviation fuel sources including aviation gasoline, sustainable aviation fuel, and hydrogen, to the extent practicable;
(5) identify measures intended to reduce the release of UFPs; and
(6) identify information gaps related to understanding potential relationships between UFP exposures and health effects, contributions of aviation-related emissions to UFP exposures, and the effectiveness of mitigation measures.
(c) COORDINATION.—The Administrator may coordinate with the heads of such other agencies that the Administrator considers appropriate to provide data and other assistance necessary for the study.
(d) REPORT.—Not later than 180 days after the National Research Council submits of the results of the study to the Administrator, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study carried out under subsection (a), including any recommendations based on such study.
(e) DEFINITION OF ULTRAFINE PARTICLE.—In this section, the terms “ultrafine particle” and “UFP” mean particles with diameters less than or equal to 100 nanometers.
SEC. 792. AIRCRAFT NOISE ADVISORY COMMITTEE
(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the “Advisory Committee”) to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations.
(b) MEMBERSHIP.—The Administrator shall appoint the members of the Advisory Committee, which shall be comprised of—
(1) .—at least 1 representative of each of—
(A) engine manufacturers;
(B) air carriers;
(C) airport owners or operators;
(D) aircraft manufacturers;
(E) advanced air mobility manufacturers or operators; and
(F) institutions of higher education; and
(2) representatives of airport-adjacent communities from geographically diverse regions.
(c) DUTIES.—The duties of the Advisory Committee shall include—
(1) the evaluation of existing research on aircraft noise impacts and annoyance;
(2) the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level standard, in consultation with the National Academies;
(3) the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered;
(4) the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and
(5) other duties determined appropriate by the Administrator.
(d) REPORTS
(1) IN GENERAL.—Not later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies.
(2) REPORT TO CONGRESS.—Not later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee.
(e) CONGRESSIONAL BRIEFING.—Not later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the reason of the Administrator for not implementing the recommendation.
(f) CONSULTATION.—The Advisory Committee shall consult with other relevant Federal agencies, including the National Aeronautics and Space Administration, in carrying out the duties described in section (c).
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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, 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 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.
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