Text of H.R. 3935: Securing Growth and Robust Leadership in American Aviation Act (Passed Congress version) (2024)

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by striking paragraph (2) and inserting paragraphs (2) and (3);

by striking Neither and inserting In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither; and

by striking a committee, board, or organization established by executive order. and inserting the following:

in subparagraph (A)(ii) by striking the acquisition and all that follows through the semicolon and inserting the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;;

in subparagraph (A)(iii) by striking paragraph (3) and inserting paragraph (4); and

in subparagraph (B) by inserting civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or after with respect to;

in subparagraph (A)—

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

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Review team

The Administrator shall establish a regulatory process review team (in this section referred to as the review team) comprising of FAA employees and individuals described in paragraph (2) to develop recommendations to improve the timeliness, performance, and accountability of the development and promulgation of regulatory materials.

Report

The review team shall submit to the Administrator a report with recommendations in accordance with the deadlines specified in paragraph (5).

In general

The review team shall include at least 3 outside experts and or academics with relevant experience or expertise in aviation safety and at least 1 outside expert with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as such process relates to aviation safety.

Consultation

The review team may, as appropriate, consult with industry stakeholders.

Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rulemaking committees and stakeholders have collaborated on the proposed regulations.

With respect to each office within the FAA that reviews regulatory materials, assess—

Define and document the roles and responsibilities of each office within the FAA that develops, drafts, or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how the employees of each such office function in the rulemaking framework.

Describe any organizational changes or the need to hire additional FAA employees, if necessary, and take into consideration whether current positions are staffed, to reduce delays in publication of regulatory materials.

In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a progress tracker that updates to show the major stages (as determined by the Administrator) of the development of regulatory materials as such materials are initiated, in progress, and completed.

Consider changes to the best practices of the FAA under rules governing ex parte communications, including communications with international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for such regulatory materials related to enhancing aviation safety and the aviation international leadership of the United States.

Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes developed by recognized industry standards organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes.

Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity.

Not later than 120 days after the date of enactment of this section, the review team shall complete the evaluation required under paragraph (1) and submit to the Administrator the report of the review team on such evaluation.

Not later than 30 days after the date on which the review team submits the report under subparagraph (A), the Administrator shall develop and publish the action plan under paragraph (4).

provide recommendations for improving processes and eliminating non-value-added reviews of non-regulatory materials within the FAA and Department of Transportation, in consideration of the authority of the Administrator under section 106 of title 49, United States Code, and other applicable laws;

consider, with respect to each office within the FAA and the Department of Transportation that reviews non-regulatory materials—

describe any organizational changes and additional resources that the Administrator needs, if necessary, to reduce delays in the development and publication of proposed non-regulatory materials;

consider to what extent reporting mechanisms and templates could be used to provide the public with more consistent information on the development status of non-regulatory materials;

consider changes to the application of rules governing ex parte communications by the Administrator to provide flexibility for employees of the FAA to discuss non-regulatory materials with aviation stakeholders and foreign aviation authorities to promote United States aviation leadership;

recommend methods by which the Administrator can incorporate standards set by recognized industry standards organizations, as such term is defined in section 224(c), into non-regulatory materials to keep pace with rapid changes in aerospace technology and processes; and

evaluate the processes and best practices other civil aviation authorities and other Federal departments and agencies use to produce non-regulatory materials, particularly the processes of entities that produce such materials in an expedited fashion to respond to safety risks, incidents, or new technology adoption.

In general

The Administrator shall develop an action plan to implement, as appropriate, the recommendations contained in the report submitted under paragraph (4).

Briefing

Not later than 90 days after receiving the report under paragraph (4), the Administrator shall brief the appropriate committees of Congress on such plan.

the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system;

the development of an information-centric national airspace system, including digitization of the processes and technology that supports such system;

improving the interoperability of FAA systems and third-party systems that support safe operations in the national airspace system; and

developing and periodically updating an integrated plan for the future state of the national airspace system in coordination with other offices of the FAA.

the most likely range of average annual resources required over the duration of the plan to cost effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the mission of the FAA; and

an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users.

the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and nonprofit organizations in carrying out such activities;

the annual anticipated cost of carrying out such activities;

the technical milestones that will be used to evaluate the activities; and

identifying technology gaps that the Administrator or industry may need to address to fully implement the integrated plan.

inform the work of the Administrator;

assist the Administrator in developing the scope of a rule; and

reduce the timeline for issuance of proposed and final rules;

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annual basis and shall include responsibility for—

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in clause (iii) by striking and at the end;

in clause (iv) by striking the period at the end and inserting ; and; and

by adding at the end the following:

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in the subsection heading by striking Definitions and inserting Definition of Alaska guide pilot;

by striking , the following definitions apply and all that follows through The term Alaska guide pilot and inserting the term Alaska guide pilot; and

by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3) (and adjusting the margins accordingly).

by striking (b) Workload of systems specialists.—; and

by redesignating paragraphs (1) through (3) as subsections (a) through (c) (and adjust the margins and header casing appropriately); and

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in subparagraph (B) by striking or after the semicolon;

in subparagraph (C) by striking the period at the end and inserting a semicolon; and

by adding at the end the following:

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does not adversely impact the mission of the FAA;

does not reduce the safety or efficiency of the national airspace system;

for any employee that is designated as an officer or executive in the FAA Executive System or a political appointee (as such term is defined in section 106 of title 49, United States Code)—

provides for on-the-job training opportunities for FAA personnel that are not less than such opportunities available in 2019;

reflects the appropriate work status of employees based on the job functions of such employee;

optimizes the work status of inspectors, investigators, and other personnel performing safety-related functions to ensure timely completion of safety oversight activities;

provides for personnel, including such personnel performing work related to aircraft certification and flight standards, who are responsible for actively working with regulated entities, external stakeholders, or other members of the public to be—

provides opportunities for in-person dialogue, collaboration, and ideation for all employees;

the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the corresponding accessibility guidelines established under part 1191 of title 36, Code of Federal Regulations; and

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

by striking new; and

by striking and implemented and inserting , implemented, and periodically updated; and

implement recommendations 6, 13, 14, and 15 as set forth in the Government Accountability Office report entitled Aviation: FAA Needs to Better Prevent, Detect, and Respond to Fraud and Abuse Risks in Aircraft Registration, (dated March 25, 2020); and

to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking authority of the FAA.

the date that is 90 days after the date on which the FAA implements the Civil Aviation Registry Electronic Services system; or

January 1, 2026.

in subsection (a)(1) by striking not later than 180 days after the date of enactment of this section,;

in subsection (c) by striking address the following and inserting consider, or address through other means, the following;

in subsection (d) by striking provide for the following and inserting consider, or address through other means, the following; and

in subsection (e)—

improve helicopter air ambulance operations and piloting; and

consider the use of safety equipment by flight crew and medical personnel on a helicopter conducting an air ambulance operation.

by striking subsection (d);

in subsection (e)—

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

In general

Section 44733 of title 49, United States Code, is amended—

Definitions

Conforming amendments

The analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following:

In general

Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a final rule carrying out the requirements of section 2112(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733 note).

Rulemaking on assessment requirement

With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking (or request that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.

Definition of covered repair station

For purposes of this subsection, the term covered repair station means a facility that—

in subparagraph (E) by striking and at the end;

in subparagraph (F) by striking the period and inserting ; and; and

by adding at the end the following:

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in paragraph (1) by striking ; or and inserting a semicolon;

in paragraph (2) by striking the period at the end and inserting ; or; and

by adding at the end the following:

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in subsection (f)(2)—

in subsection (j) by striking 2023 and inserting 2028.

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A vision for a future state of type certification that reflects the highly complex, highly integrated nature of modern aircraft and improvements in aviation safety.

An assessment of digital tools, techniques, and software systems that allow for efficient and virtual evaluation of an applicant design, associated documentation, and software or systems engineering products, including in digital 3-dimensional formats or using model-based systems engineering design techniques.

How the FAA could develop a risk-based model for type certification that improves the safety of aircraft.

What changes are needed to ensure that corrective actions for continued operational safety issues, including software modifications, can be approved and implemented in a timely manner while maintaining the integrity of the type certification process.

What efficiencies and safety process improvements are needed in the type certification processes of the FAA to facilitate the assessment and integration of innovative technologies and advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness.

Best practices and tools used by other certification authorities outside of the United States that could be adopted by the FAA, as well as the best practices and tools used by the FAA which can be shared with certification authorities outside of the United States.

the aircraft certification and flight standards offices or services of the Administration; and

at least 3 industry members representing aircraft and aircraft part manufacturing interests.

the findings and recommendations of the entity; and

an assessment of whether digital tools, techniques, and software systems could improve the coordination, oversight, or safety of the certification and validation activities of the FAA.

any actions the FAA proposes to take as a result of such findings and recommendations; and

the rationale of the FAA for not taking action on any specific recommendation, as applicable.

instances in which high-risk flight profiles and limit testing have occurred in the certification process and the applicability of the data produced by such testing for use in other aspects of flight testing;

the safety of pilots during such testing;

the value and accuracy of data collected using the advanced tools described in subsection (a);

the ability to produce more extensive data sets using such advanced tools;

any aspects of such testing for which the use of such advanced tools would not be valuable or applicable;

the cost of using such advanced tools; and

the best practices of other international civil aviation authorities that permit the use of advanced tools during aerospace certification projects.

aircraft manufacturers, including manufacturers that have designed and certified aircraft under—

aircraft manufacturers that have designed and certified, or are in the process of certifying, aircraft with a novel design under part 21.17(b) of such title;

associations representing aircraft manufacturers;

researchers and academics in related fields; and

pilots who are experts in flight testing.

In general

Not later than 2 years after the date of enactment of this Act, the Administrator shall take necessary actions based on the results of the assessment under subsection (a), including, as appropriate—

Requirements

In taking actions under paragraph (1), the Administrator shall consider—

Establishment

Not later than 1 year after the date of enactment of this Act, the Administrator shall establish an internal regulatory review team (in this section referred to as the Team).

Review

not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the Significant Standards List of the FAA based on such findings, as appropriate; and

not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings and any recommendations for such legislative or administrative action as the Administrator determines appropriate.

conduct a review of the risk-based model used by certification management offices of the FAA to inform the frequency of aircraft manufacturing or production facility inspections; and

update the model to ensure such model adequately accounts for risk at facilities during periods of increased production.

the results of the review;

any changes made to the risk-based model described in subsection (a); and

how such changes would help improve the in-plant inspection process.

seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector;

consult with the National Transportation Safety Board and the Transportation Research Board; and

consult with appropriate federally funded research and development centers, to the extent that such centers are not already involved in the evaluation.

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;

review data sets to determine completeness and accuracy of relevant information;

identify gaps in information that the FAA could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis;

assess the capabilities of the FAA, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions;

review data and information for proper storage, identification controls, and data privacy—

review the format of such data and identify methods to improve the usefulness of such data;

assess internal and external access to data for—

examine the collation and dissemination of data within offices and between offices of the FAA;

review and recommend improvements to the data analysis techniques of the FAA; and

recommend investments the Administrator should consider to better collect, manage, and analyze data sets, including within and between offices of the FAA.

improve data access across offices within the FAA, as necessary, to support efficient execution of safety analysis and programs across such offices;

improve data storage best practices;

develop or refine methods for collating data from multiple FAA and industry sources; and

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.

automated weather observing systems;

automated surface observing systems;

visual weather observing systems; and

non-Federal weather reporting systems.

the current state of the supply chain related to weather reporting systems and the components of such systems;

the average age of weather reporting systems infrastructure installed in the national airspace system;

challenges to maintaining and replacing weather reporting systems, including—

mitigation measures to maintain aviation safety during such an outage; and

alternative means of obtaining weather elements at airports, including wind direction, wind speed, barometric pressure setting, and cloud coverage, including visibility.

In general

Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives a report describing the results of the study conducted under subsection (a).

Recommendations

The Comptroller General shall include in the report submitted under paragraph (1) recommendations for—

the potential effects of the existing Weather Camera Program on weather-related aviation accidents and flight interruptions;

the potential benefits and costs associated with expanding the Weather Camera Program;

limitations on the real-time access of weather camera information by pilots and aircraft operators;

non-safety related regulatory structures or barriers to the allowable use of weather camera information for the purposes of aircraft operations;

limitations of existing weather camera systems at the time of the study;

alternative sources of viable weather data;

funding mechanisms for weather camera installation and operations; and

other considerations the Comptroller General determines appropriate.

improve internal processes by which proposed spectrum reallocations or auctions are thoroughly reviewed in advance to ensure that any comments or technical concerns regarding aviation safety from civil aviation stakeholders are communicated to the National Telecommunications and Information Administration that are to be submitted to the Federal Communications Commission;

develop internal processes and procedures to assess the effects a proposed spectrum reallocation or auction may have on the national airspace system in a timely manner to ensure safety of the national airspace system;

improve external communication processes to better inform civil aviation stakeholders, including owners and operators of civil aircraft, on any comments or technical concerns of the FAA relating to a proposed spectrum reallocation or auction that may impact the national airspace system; and

better communicate to the National Telecommunications and Information Administration when a proposed spectrum reallocation or auction may pose a potential risk to aviation safety.

air carriers operating under part 121 of title 14, Code of Federal Regulations;

manufacturers of aircraft and aircraft components;

wireless communication carriers;

labor unions representing pilots;

air traffic system safety specialists;

other representatives of the communications industry;

aviation safety experts;

the National Telecommunications and Information Administration; and

the Federal Communications Commission.

the Administrator;

the appropriate committees of Congress; and

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

incident and accident data since 2006 involving—

the causes of the incidents and accidents described in paragraphs (1).

review the data analysis conducted and the recommendations developed by the Aviation Rulemaking Advisory Committee Rotorcraft Occupant Protection Working Group of the Administration;

update the 2018 report of such working group on rotorcraft occupant protection by—

develop recommendations for either the Administrator or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in the aircraft of such owners and operators regardless of original certification and manufacture date.

Deadline

Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advisory Committee under subsection (a), the Committee shall submit the recommendations developed under subsection (a)(2) to the Administrator.

Implementation

If applicable, and not later than 180 days after receiving the recommendations under paragraph (1), the Administrator shall—

In general

Not later than 2 years after completing the review under subsection (a), and every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the implementation status of the recommendations in the safety research report described in subsection (a) until the earlier of—

Contents

If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation.

radiation concentrations in such aircraft at takeoff, in-flight at high altitudes, and upon landing;

the health risks and impact of radiation exposure to crewmembers onboard aircraft operating at high altitudes; and

mitigation measures to prevent and reduce the health and safety impacts of radiation exposure to crewmembers.

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.

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.

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.

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.

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.

Any existing or necessary standards for lithium–ion batteries, including casings or other similar components, in such wheelchairs and mobility aids.

The availability of necessary containment or storage devices, including fire containment covers or fire-resistant storage containers, for such wheelchairs and mobility aids.

The policies of each air carrier (as such term is defined in part 121 of title 14, Code of Federal Regulations) pertaining to lithium–ion battery powered wheelchairs and mobility aids (as in effect on the date of enactment of this Act).

Any other considerations the Secretary determines appropriate.

In general

Upon completion of the review conducted under subsection (a), the Committee shall notify the Secretary if an air carrier does not have a policy pertaining to lithium–ion battery powered wheelchairs and mobility aids in effect.

Notification

The Secretary shall notify an air carrier described in paragraph (1) of the status of such air carrier.

air carriers;

flight schools certificated under part 141 of title 14, Code of Federal Regulations;

training centers certificated under part 142 of title 14, Code of Federal Regulations; and

manufacturers and suppliers of flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and Appendix F to part 60 of such title).

In general

Not later than 18 months after the date of enactment of this Act, the Comptroller General shall conduct a study on the National Simulator Program of the FAA that is part of the Training and Simulation Group of the Air Transportation Division.

Considerations

In conducting the study required under paragraph (1), the Comptroller General shall, at a minimum, assess—

Report

Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the findings of the study conducted under paragraph (1).

Methods for updating regulations under part 121.569 of title 14, Code of Federal Regulations, for foreign interchange agreements.

Time limits for foreign aircraft interchange agreements.

Minimum breaks between foreign aircraft interchange agreements.

Limits for no more than 1 foreign aircraft interchange agreement between 2 airlines.

Limits for no more than 2 foreign aircraft on the interchange agreement.

Members

The Administrator shall appoint members of the Task Force—

Number of members

In appointing members under paragraph (1), the Administrator shall ensure that—

Voting

The members described in paragraph (2)(C) shall be non-voting members of the Task Force.

In general

Members of the Task Force shall be appointed for the duration of the Task Force.

Length of existence

not later than the date on which the duration of the Task Force expires under subsection (c), produce a written report in which the Task Force—

if the Administrator extends the duration of the Task Force pursuant to subsection (c)(2)(B), not later than the date that is 2 years after the date on which the Task Force is established, produce an interim report containing the information described in paragraph (1).

Flight Operations Quality Assurance.

Aviation Safety Action Program.

Aviation Safety Information Analysis and Sharing.

The Aviation Safety Reporting System.

Aviation safety recommendations and investigation findings of the National Transportation Safety Board.

Other relevant programs or sources.

In general

In carrying out this section, the applicable Administrators shall make available on a publicly available website the following:

Data files

The applicable Administrators shall make available the underlying data required under paragraph (1) for each ASOS/AWOS in a machine-readable format.

the Administrator of the FAA; and

the Administrator of the National Oceanic and Atmospheric Administration.

any applicable safety recommendations of the National Transportation Safety Board; and

the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations.

a report on the findings of the review and assessment under subsection (a); and

any recommendations for legislative or regulatory action to improve safety that the Committee determines appropriate.

the findings and recommendations included in such report; and

any plan to implement such recommendations.

proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error;

the evaluation of a new aviation technology or system with respect to human use throughout its design and development may reduce human error when such technologies and systems are used in operational conditions; and

the technical standard of the Human Factors and Ergonomics Society titled Human Readiness Level Scale in the System Development Process (ANSI/HFES 400–2021) defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.

operators required to comply with section 121.703 of title 14, Code of Federal Regulations;

approval or certificate holders required to comply with section 183.63 of title 14, Code of Federal Regulations; and

FAA offices that investigate service difficulty reports, as documented in the following FAA Orders (and any subsequent revisions of such orders):

An identification of categories of service difficulties reported.

An identification of service difficulties for which repeated reports are made.

A general description of the causes of all service difficulty reports, as determined by the Administrator.

A description of actions taken by, or required by, the Administrator to address identified causes of service difficulties.

A description of violations of title 14, Code of Federal Regulations, related to service difficulty reports and any actions taken by the Administrator in response to such violations.

In general

The working group established under this section shall include, at a minimum—

Existing working group

The Administrator may assign the duties described in subsection (c) to an existing FAA working group if—

Methods by which authorized check airmen for air carriers operating under part 135 of title 14, Code of Federal Regulations, are selected, trained, and approved by the Administrator.

Staffing and utilization rates of authorized check airmen by such air carriers.

Differences in qualification standards applied to—

Methods to harmonize the qualification standards between authorized check airmen and employees of the FAA who serve as check airmen.

Methods to improve the training and qualification of authorized check airmen.

Prior recommendations made by FAA advisory committees or working groups regarding check airmen functions.

Petitions for rulemaking submitted to the FAA regarding check airmen functions.

Determining the current state of ground source data coverage at airports.

Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.

Conducting data collection through a pilot program established under subsection (c) and collecting ground-based tarmac delay statistics.

Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.

In general

Not later than 180 days after the date of enactment of this Act, the Director shall establish a pilot program to collect data and develop ground-based tarmac delay statistics or other relevant statistics with respect to airports.

Requirements

The pilot program established under paragraph (1) shall—

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the frequency of the use of waivers by the Administrator described in this section;

the benefits and consequences of the use of such waivers to both the Administrator and the certificate holder; and

the effects of a prohibition on using such waivers.

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Study

The Comptroller General shall conduct a study to—

Report

Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing—

may not restrict funding made available under chapter 471 of title 49, United States Code, from being used at an airport in Alaska to rehabilitate, resurface, or reconstruct the full length and width of an existing runway within Alaska based solely on reduced current or forecasted aeronautical activity levels or critical design type standards;

may not reject requests for runway projects at airports in Alaska if such projects address critical community needs, including projects—

shall, not later than 60 days after receiving a request for a runway rehabilitation or reconstruction project at an airport in Alaska, review each such request on a case-by-case basis.

In general

Not later than 3 years after the date of enactment of this Act, the Administrator shall take such actions as may be necessary to implement National Transportation Safety Board recommendations A–22–25 and A–22–26 (as contained in Aviation Investigation Report AIR–22–09, adopted November 16, 2022).

Coordination

In taking actions under paragraph (1), the Administrator shall coordinate with the State of Alaska, airports in Alaska, air carriers operating in Alaska, private pilots (including tour operators) based in Alaska, and such other members of the Alaska aviation community or other stakeholders as the Administrator determines appropriate.

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For any significant design change, as determined by the Administrator, to require that the exception related to impracticality under subsection (b)(3) of such section from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception.

To ensure appropriate documentation of any exception or exemption from airworthiness requirements in title 14, Code of Federal Regulations, as in effect on the date of application for the change.

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applicable to transport airplanes during the 10-year period prior to the date of enactment of this Act; and

to address an unsafe condition resulting from an approved design that was noncompliant with an applicable airworthiness standard.

the airworthiness standard with which the transport airplane failed to comply;

the resulting unsafe condition and whether such condition resulted in an accident;

the methods by which the noncompliance was discovered and brought to the attention of the FAA or another civil aviation authority, to the extent such methods can be identified;

an analysis of the method used by the applicant to show compliance during the certification process and whether other compliance methods may have reasonably identified the noncompliance during the certification process;

the date of approval of the relevant type design and the date of issuance of the airworthiness directive;

any corrective action mandated to address the identified unsafe condition;

the period of time specified for the incorporation of the corrective action, during which the affected transport airplanes were allowed to operate before the unsafe condition was corrected; and

the total cost of compliance estimated in the final rule adopting the airworthiness directive.

transport category aircraft manufacturers; and

employees of the Administration, including the official bargaining representative of aircraft certification services engineers and of aviation safety engineers under section 7111 of title 5, United States Code, involved in developing airworthiness directives, as necessary.

the results of the study conducted under subsection (a);

actions the Administrator determines necessary to improve safety as a result of the findings under subsection (a) and any root causes of an unsafe condition that were identified;

the comments solicited under subsection (d); and

any other recommendations for legislative or administrative action determined appropriate by the Administrator.

Air carrier; foreign air carrier

The terms air carrier and foreign air carrier have the meanings given such terms in section 40102 of title 49, United States Code.

Transport airplane

The term transport airplane means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative.

In general

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

Conforming amendments

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

Continuous evaluation

In carrying out section 47101(a) of title 49, United States Code, as amended by this subsection, the Administrator shall establish a process to continuously track and evaluate ground traffic and air traffic activity and related incidents at airports.

In general

Not later than 6 months after the date of enactment of this Act, the Administrator shall establish a council, to be known as the Runway Safety Council (in this section referred to as the Council), to develop a systematic management strategy to address airport surface safety risks.

Duties

The duties of the Council shall include, at a minimum, advancing the development of risk-based, data driven, integrated systems solutions and strategies to enhance airport surface safety risk mitigation.

Membership

Identification

Not later than 6 months after the date of enactment of this Act, the Administrator shall, in coordination with the Council, consult with relevant stakeholders to identify technologies, equipment, systems, and process changes, that—

Criteria

Not later than 1 year after the date of enactment of this Act, the Administrator shall—

Deployment

Not later than 5 years after the date of enactment of this Act, the Administrator shall ensure that airport surface detection and surveillance systems are deployed and operational at—

Briefing

Not later than 3 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the progress of the deployment described in paragraph (3).

In general

Not later than 3 years after the date of enactment of this Act, the Administrator shall assess, in coordination with the Council, automated foreign object debris monitoring and detection systems at not less than 3 airports that are using such systems.

Considerations

In conducting the assessment under paragraph (1), the Administrator shall consider the following:

Consultation

In carrying out this subsection, the Administrator and the Council shall consult with manufacturers and suppliers of foreign object debris detection technology and any other relevant stakeholders.

In general

Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into appropriate arrangements 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.

Considerations

In conducting the study under paragraph (1), the federally funded research and development center shall—

Recommendations

In conducting the study required by paragraph (1), the federally funded research and development center shall develop recommendations for the strategic planning efforts of the Administration to appropriately maintain surface safety considering future increases in air traffic and based on the considerations described in paragraph (2).

Report to Congress

Not later than 90 days after the completion of the study required by paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report on the findings of such study and any recommendations developed under paragraph (3).

Air carrier; foreign air carrier

The terms air carrier and foreign air carrier have the meanings given such terms in section 40102 of title 49, United States Code.

Airport surface detection and surveillance system

The term airport surface detection and surveillance system means an airport surveillance system that is—

Transport airplane

The term transport airplane means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight above 12,500 pounds or an all-cargo or combi derivative of such an airplane.

identify methods to increase the rate at which data is collected, processed, and analyzed to expeditiously share safety intelligence;

develop predictive capabilities to anticipate emerging safety risks;

identify methods to improve shared data environments with external stakeholders;

establish a robust process for prioritizing requests for safety information;

establish guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data;

identify industry segments not yet included and conduct outreach to such industry segments to increase the rate of participation, including—

establish processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments; and

integrate safety data from unmanned aircraft system operators, as appropriate.

prioritize production-ready configurable solutions over custom development, as appropriate, to support FAA critical aviation safety programs; and

ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate demonstrations of proposed solutions, as part of the evaluation criteria.

to require the Administrator to share confidential or proprietary information and data to safety inspectors for purposes of enforcement; or

to limit the applicability of section 44735 of title 49, United States Code, to the Aviation Safety Information Analysis and Sharing Program.

an assessment of the progress of the FAA toward achieving milestones for such program identified by the inspector general of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports;

a description of the plan to use appropriate deployable commercial solutions to assist the FAA in meeting such milestones;

steps taken to make improvements under subsection (b); and

a summary of the efforts of the FAA to address gaps in safety data provided from any of the industry segments described in subsection (b)(6).

holders of type certificates (as described in subpart B of part 21, title 14, Code of Federal Regulations);

holders of production certificates (as described in subpart G of part 21, title 14, Code of Federal Regulations);

holders of parts manufacturer approvals (as described in subpart K of part 21, title 14, Code of Federal Regulations);

holders of technical standard order authorizations (as described in subpart O of part 21, title 14, Code of Federal Regulations);

operators under parts 121, 125, or 135 of title 14, Code of Federal Regulations;

holders of repair station certificates (as described in section 145 of title 14, Code of Federal Regulations) that are not also type certificate holders as included under paragraph (1), production certificate holders as included under paragraph (2), or aircraft operators as included under paragraph (5) (or associated with any such entities);

the certified bargaining representative of aviation safety inspectors and engineers for the Administration;

general aviation operators;

mechanics certificated under part 65 of title 14, Code of Federal Regulations;

holders of supplemental type certificates (as described in subpart E of part 21 of title 14, Code of Federal Regulations);

designated engineering representatives employed by repair stations described in paragraph (6); and

aviation safety experts with specific knowledge of instructions for continued airworthiness policies and regulations.

existing standards, regulations, certifications, assessments, and guidance related to instructions for continued airworthiness and the clarity of such standards, regulations, certifications, assessments, and guidance to all parties;

the sufficiency of safety data used in preparing instructions for continued airworthiness;

the sufficiency of maintenance data used in preparing instructions for continued airworthiness;

the protection of proprietary information and intellectual property in instructions for continued airworthiness;

the availability of instructions for continued airworthiness, as needed, for maintenance activities;

the need to harmonize or deconflict proposed and existing regulations with other Federal regulations, guidance, and policies;

international collaboration, where appropriate and consistent with the interests of safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities; and

any other matter the Administrator determines appropriate.

not later than 1 year after the date of enactment of this Act, submit to the appropriate committees of Congress a copy of the aviation rulemaking committee report under subsection (a); and

not later than 180 days after the date of submission of the report under paragraph (1), initiate a rulemaking activity or make such policy and guidance updates necessary to address any consensus recommendations reached by the aviation rulemaking committee established pursuant to subsection (a), as determined appropriate by the Administrator.

mainline air carriers;

regional air carriers;

aircraft manufacturers;

passenger aircraft pilots represented by a labor group;

flight attendants represented by a labor group;

airline passengers; and

other stakeholders the Administrator determines appropriate.

minimum dimension requirements for secondary barriers on all aircraft types operated under part 121 of title 14, Code of Federal Regulations;

secondary barrier performance standards manufacturers and air carriers must meet for such aircraft types;

the availability of certified secondary barriers suitable for use on such aircraft types;

the development, certification, testing, manufacturing, installation, and training for secondary barriers for such aircraft types;

flight duration and stage length;

the location of lavatories on such aircraft as related to operational complexities;

operational complexities;

any risks to safely evacuate passengers of such aircraft; and

other considerations the Administrator determines appropriate.

if applicable, any dissenting positions on the findings and the rationale for each position; and

any disagreements with the recommendations, including the rationale for each disagreement and the reasons for the disagreement.

flight crew assignments;

flight crew prospective rest notifications;

compliance with flight and duty times limitations and post-duty rest requirements; and

duty period start and end times.

inadequate flight crewmember duty and rest periods; and

incomplete records pertaining to flight crew rest, duty, and flight times.

performing organ transportation operations; and

who have in place a means by which to identify and mitigate risks associated with flight crew duty and rest.

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a description of Administration regulations, guidance, and directives related to airport ramp worker safety procedures and oversight of such processes;

a description of reportable accidents and incidents involving airport ramp workers in 5-year period preceding the date of enactment of this Act, including any identified contributing factors to the reportable accident or incident;

training and related educational materials for airport ramp workers, including supervisory and contract employees;

any recommended devices and methods for communication on the airport ramp, including considerations of requirements for operable radios and headsets;

a review of markings on the airport ramp that define restriction, staging, safety, or hazard zones, including markings to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport;

a review of aircraft jet blast and engine intake safety markings, including incorporation of markings on aircraft to indicate engine inlet danger zones; and

a process for stakeholders, including airlines, aircraft manufacturers, airports, labor, and aviation safety experts, to provide feedback and share best practices.

submit to the appropriate committees of Congress a report on the results of the review 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; and

initiate such actions as are necessary to act upon the findings of the review.

the specific dangers and consequences of entering engine ingestion or jet blast zones;

proper protocols to avoid entering an engine ingestion or jet blast zone; and

on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter.

by inserting , including section 552(b)(3)(B) of title 5 after Notwithstanding any other provision of law; and

by inserting or third party after nor any agency.

Aviation Safety Action Program.

Flight Operational Quality Assurance.

Line Operations Safety Assessments.

Air Traffic Safety Action Program.

Technical Operations Safety Action Program.

Such other voluntarily submitted information or programs as the Administrator determines appropriate.

the reasons that the Administrator has failed to issue the rulemaking; and

a list of fatal aircraft accidents associated with unmarked towers that have occurred during the 5-year period preceding the date of submission of the report.

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in the subsection heading by inserting and assistance after International role;

in paragraph (1) by striking The Administrator and inserting In carrying out subsection (a), the Administrator;

by redesignating paragraph (2) as paragraph (4); and

by inserting after paragraph (1) the following:

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Establishment

Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by adding at the end the following:

Technical assistance updates

Section 40113(e) of title 49, United States Code, is amended by adding at the end the following:

Validation of powered-lift aircraft

In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator shall 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.

Report on international validation program performance

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perform an assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements to determine how current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures;

facilitate global acceptance of the approach of the FAA to certification of powered-lift aircraft, products, and articles; and

consider any other information determined appropriated by the Administrator.

an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire;

the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and

the noise standards described in part 36 of such title 14 shall not apply to such an operation.

manufactured in accordance with the requirements of, and accepted for use by, the armed forces (as defined in section 101 of title 10, United States Code); and

later modified to be used for wildfire suppression operations.

Covered aircraft

The term covered aircraft means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency.

Firefighters

The term firefighters means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.

In general

Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the heads of other relevant Federal agencies, shall brief the appropriate committees of Congress on the effects of high altitude balloon operations that do not emit electronic or radio signals for identification purposes and are launched within the United States and the territories of the United States on aviation safety.

Considerations

In carrying out this subsection, the Administrator shall consider—

Establishment

Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the 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 that transmits, 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.

Composition

The Committee shall consist of members appointed by the Administrator, including the following:

Report

Not later than 18 months after the date of enactment of this Act, the Committee shall submit to the Administrator a report detailing the findings and recommendations developed under paragraph (1), including recommendations regarding the following:

Use of prior work

In developing the report under paragraph (3), the Committee may make full use of any research, comments, data, findings, or recommendations made by any prior aviation rulemaking committee.

New technologies and solutions

Nothing in this subsection shall require the Committee to develop recommendations requiring equipage of high altitude balloons with an Automatic Dependent Surveillance–Broadcast Out system or an air traffic control transponder transmission system, or preclude the Committee from making recommendations for the adoption of new systems or solutions that may require that a high altitude balloon be equipped with a system that can transmit, at a minimum, the altitude, location, and identity of the high altitude balloon.

Briefing

Not later than 6 months after receiving the report required under paragraph (3), the Administrator shall brief the appropriate committees of Congress on the contents of such report and the status of any recommendation received pursuant to such report.

The completed study required under subsection (c) of such section.

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.

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.

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:

Guidelines for submission

The Administrator shall issue guidelines on how to submit the information described in paragraph (2).

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.

Use of information

The Administrator—

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.

Scope

In carrying out a study pursuant to paragraph (1), the National Academies shall examine—

Recommendations

As a part of the study conducted under paragraph (1), the National Academies shall provide recommendations—

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.

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.

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.

Installation onboard aircraft of detectors and other air quality monitoring equipment.

Safety reforms

Aviation rulemaking committee

Rulemaking required

Aviation rulemaking committee

The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of sport parachute operations.

Contents

This aviation rulemaking committee convened under paragraph (1) shall consider, at a minimum—

Membership

The aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including—

Duties

Reports and regulations

Air carrier

The term air carrier has the meaning given such term in section 40102 of title 49, United States Code.

Commercial air tour

The term commercial air tour has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

Commercial air tour operator

The term commercial air tour operator has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

Parachute operation

The term parachute operation has the meaning given such term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).

issue an intent to proceed with a proposed rulemaking;

take other action sufficient to carry out feasible, consensus recommendations; or

issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination.

provide commercial air tour operators with preferred routes, times, and minimum altitudes for the purpose of noise reduction, so long as such recommendations do not negatively impact safety conditions;

provide commercial air tour operators with information regarding quiet aircraft technology; and

establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints.

Commercial air tour

The term commercial air tour has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

Commercial air tour operator

The term commercial air tour operator has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

In general

Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations.

Contents

In general

Not later than 180 days after the completion of the study conducted under subsection (a), the Administrator shall establish an aviation rulemaking committee (in this section referred to as the Committee) to—

Composition

The Committee shall consist of members appointed by the Administrator, including the following:

Considerations

In reviewing the findings of the study conducted under subsection (a) and developing recommendations regarding the improvement of the evacuation standards under subsection (b)(1)(B), the Committee shall consider the following:

the findings of the study conducted under subsection (a);

the recommendations of the Committee under subsection (b)(1)(B); and

the Administrator's plan, if any, to implement such recommendations.

co*ckpit voice recorder for newly manufactured aircraft

A covered operator may not operate a covered aircraft manufactured later than the date that is 1 year after the date of enactment of this Act unless such aircraft has a co*ckpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.

co*ckpit voice recorder for covered aircraft

Not later than 6 years after the date of enactment of this Act, a covered operator may not operate a covered aircraft unless such aircraft has a co*ckpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.

issue a final rule to update applicable regulations, as necessary, to conform to the requirements of subsection (a)(2); and

issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a co*ckpit voice recorder—

the confidentiality of recording and transcripts under section 1114(c) of title 49, United States Code;

the ban on recording for civil penalty or certificate under section 121.359(h) of title 14, Code of Federal Regulations; or

the prohibition against use of data from flight operational quality assurance programs for enforcement purposes under section 13.401 of title 14, Code of Federal Regulations.

Covered aircraft

The term covered aircraft means—

Covered operator

The term covered operator means the operator of a covered aircraft.

the benefits and costs (including the costs of flight diversions and emergency landings) of requiring any new medications or equipment necessary to be included in approved emergency medical kits;

whether the contents of the emergency medical kits include, at a minimum, appropriate medications and equipment that can practicably be administered to address—

what contents of the emergency medical kits should be readily available, to the extent practicable, for use by flight crews without prior approval by a medical professional.

the first aid and emergency medical kit equipment and training required for flight crewmembers; and

any required training for flight crewmembers regarding the content, location, and function of such kit.

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In general

Not later than 6 months after the date of enactment of this Act, the Administrator shall establish the requirements for a program to be known as the Enhanced Qualification Program (in this section referred to as the Program) under which—

Qualified instructors and evaluators

Under the Program—

Pilot assessment

Under the Program, the Administrator shall establish guidelines for an assessment that prospective pilots are required to pass in order to participate in the training under the Program. Such assessment shall include an evaluation of the pilot’s aptitude, ability, and readiness for operation of transport category aircraft.

Program curriculum

Under the Program, the Administrator shall establish requirements for the curriculum to be provided under the Program. Such curriculum shall include—

Application and certification

Under the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such process shall include a review to ensure that the training provided by the air carrier will meet the requirements of this section, including—

Data

Under the Program, the Administrator shall require that each qualified air carrier participating in the Program collect and submit to the Administrator such data from the Program that the Administrator determines is appropriate for the Administrator to provide for oversight of the Program.

Regular inspection

Under the Program, the Administrator shall provide for the regular inspection of qualified air carriers certified under paragraph (5) to ensure that the air carrier continues to meet the requirements under the Program.

Air carrier

The term air carrier has the meaning given that term in section 40102 of title 49, United States Code.

Eligible pilot

The term eligible pilot means a pilot that—

Qualified air carrier

The term qualified air carrier means an air carrier that has been issued a part 119 operating certificate for conducting operations under part 121 of title 14, Code of Federal Regulations.

Qualified evaluator

The term qualified evaluator means an individual that meets the requirements for a training center evaluator under part 142.55 of title 14, Code of Federal Regulations, or for check airmen under part 121.411 of such title.

Qualified instructor

The term qualified instructor means an individual that—