[House Report 117-158] [From the U.S. Government Publishing Office] 117th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 117-158 ====================================================================== ADVANCED AIR MOBILITY COORDINATION AND LEADERSHIP ACT _______ November 1, 2021.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. DeFazio, from the Committee on Transportation and Infrastructure, submitted the following R E P O R T [To accompany H.R. 1339] [Including cost estimate of the Congressional Budget Office] The Committee on Transportation and Infrastructure, to whom was referred the bill (H.R. 1339) to require the Secretary of Transportation to establish an advanced air mobility interagency working group, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. CONTENTS Page Purpose of Legislation........................................... 3 Background and Need for Legislation.............................. 3 Hearings......................................................... 4 Legislative History and Consideration............................ 4 Committee Votes.................................................. 5 Committee Oversight Findings..................................... 5 New Budget Authority and Tax Expenditures........................ 5 Congressional Budget Office Cost Estimate........................ 5 Performance Goals and Objectives................................. 7 Duplication of Federal Programs.................................. 7 Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits....................................................... 7 Federal Mandates Statement....................................... 7 Preemption Clarification......................................... 7 Advisory Committee Statement..................................... 7 Applicability to Legislative Branch.............................. 7 Section-by-Section Analysis of the Legislation................... 8 Changes in Existing Law Made by the Bill, as Reported............ 8 The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Air Mobility Coordination and Leadership Act''. SEC. 2. ADVANCED AIR MOBILITY WORKING GROUP. (a) Working Group.--Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish an advanced air mobility interagency working group (in this section referred to as the ``working group''). (b) Purpose.--The purpose of the working group established under subsection (a) shall be to plan and coordinate efforts related to the safety, operations, infrastructure, physical security, cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States. It is critical that Government agencies collaborate in order to enhance United States leadership, develop new transportation options, amplify economic activity and jobs, advance environmental sustainability and new technologies, and support emergency preparedness and competitiveness. (c) Membership.--Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall-- (1) appoint the Under Secretary of Transportation for Policy to chair the working group; (2) designate not less than one additional representative to participate on the working group from each of-- (A) the Department of Transportation; and (B) the Federal Aviation Administration; and (3) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the working group, including-- (A) the National Aeronautics and Space Administration; (B) the Department of Defense; (C) the Department of Energy; (D) the Department of Homeland Security; (E) the Department of Commerce; (F) the Federal Communications Commission; and (G) such other departments or agencies as the Secretary of Transportation determines appropriate. (d) Coordination.-- (1) In general.--The Secretary of Transportation and Administrator of the Federal Aviation Administration shall coordinate with aviation industry and labor stakeholders, stakeholder associations, and others determined appropriate by the Secretary of Transportation and the Administrator of the Federal Aviation Administration, including the following: (A) Manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems. (B) Intended operators of AAM aircraft. (C) Commercial air carriers, commercial operators, and general aviation operators, including helicopter operators. (D) Airports, heliports, and fixed-base operators. (E) Aviation training and maintenance providers. (F) Certified labor representatives of pilots, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, and aviation safety inspectors. (G) State, local, and Tribal officials or public agencies. (H) First responders. (I) Groups representing environmental interests. (J) Electric utilities, energy providers, energy market operators, and wireless providers. (K) Unmanned aircraft system operators and service suppliers. (L) Groups representing consumer interests. (M) Groups representing the interests of taxpayers. (2) Advisory committees.--The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1). (e) Review and Examination.--Not later than 1 year after the establishment of the working group under subsection (a), the working group shall complete a review and examination of, at a minimum-- (1) steps that will mature AAM aircraft operations, concepts, and regulatory frameworks beyond initial operations; (2) safety requirements and physical and cybersecurity involved with future air traffic management concepts which may be considered as part of the evolution of AAM to higher levels of traffic density; (3) current Federal programs and policies that may be leveraged to advance the maturation of the AAM industry; (4) infrastructure, including aviation, multimodal, cybersecurity, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation; (5) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; and (6) other factors that may limit the full potential of the AAM industry, including community acceptance of AAM operations. (f) Plan and Recommendations.--Based on the review and examination performed under subsection (e), the working group shall develop-- (1) recommendations regarding the safety, operations, security, cybersecurity, infrastructure, and other Federal investment or actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit; and (2) a comprehensive plan detailing the roles and responsibilities of each Federal department or agency to facilitate or implement the recommendations in paragraph (1). (g) Report.--Not later than 180 days after the completion of the review and examination completed under subsection (e), the working group shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that-- (1) details the review and examination performed under subsection (e); and (2) provides the plan and recommendations developed under subsection (f). (h) Definitions.--In this Act: (1) Advanced air mobility; aam.--The terms ``advanced air mobility'' and ``AAM'' mean a transportation system that transports people and property by air between two points in the United States using aircraft, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. (2) Electric aircraft.--The term ``electric aircraft'' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight. (3) Fixed-base operator.--The term ``fixed-base operator'' means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (4) State.--The term ``State'' has the meaning given such term in section 47102 of title 49, United States Code. (5) Vertical take-off and landing.--The term ``vertical take- off and landing'' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/ thrust units used to provide lift during vertical take-off or landing. PURPOSE OF LEGISLATION The purpose of H.R. 1339, as amended, is to establish an advanced air mobility (AAM) interagency working group to evaluate, plan, and coordinate efforts to permit the safe operation of AAM technology in the National Airspace System (NAS) and to help advance U.S. leadership in the emerging AAM industry. BACKGROUND AND NEED FOR LEGISLATION AAM is a transportation system that transports people and property by air between two points using aircraft, including electric aircraft or electric vertical take-off and landing aircraft, through both controlled and uncontrolled airspace. AAM concepts have the potential to alleviate traffic congestion, shorten travel times, improve equity for underserved communities and regions, and reduce the demand on our roads and bridges in an environmentally sustainable way. Several federal entities, including the Federal Aviation Administration (FAA), the National Aeronautics and Space Administration (NASA), and the Department of Defense (DoD), are working with aerospace industry stakeholders to develop and deploy this nascent technology. To keep pace with progress in the emerging AAM sector, H.R. 1339, as amended, will provide a forum for federal government engagement with stakeholders to ensure the safe integration of these new technologies and operations in the NAS. H.R. 1339, as amended, directs the Secretary of Transportation to create an AAM interagency working group comprised of representatives from various federal agencies. The interagency working group is directed to coordinate with state and local governments, civil aviation industry leaders, labor unions, and other relevant stakeholders, to evaluate, plan, and coordinate the efforts necessary to ensure the safe operation of AAM technology within the NAS. The bill also requires the interagency working group to review the state of the AAM industry and develop (1) recommendations regarding safety, security, infrastructure needs, and other actions necessary to support the deployment of AAM and (2) a comprehensive plan detailing the roles and responsibilities of the federal government in implementing such recommendations. HEARINGS For the purposes of rule XIII, clause 3(c)(6)(A) of the 117th Congress, the following hearing was used to develop or consider H.R. 1339: On April 27, 2021, the Subcommittee on Aviation held a hearing titled ``The Leading Edge: Innovation in U.S. Aerospace.'' The Subcommittee received testimony from Hon. Eric Garcetti, Mayor, City of Los Angeles, California, accompanied by Ms. Seleta J. Reynolds, General Manager, Los Angeles Department of Transportation, Los Angeles, California; Mr. James L. Grimsley, Executive Director, Advanced Technology Initiatives, Choctaw Nation of Oklahoma; Mr. Adam Bry, Chief Executive Officer, Skydio, Inc.; Mr. Pierre Frederick Harter, Director, Research and Development, National Institute for Aviation Research, AVP Industry and Defense Programs, Research Operations, Wichita State University; Mr. Roei Ganzarski, Chief Executive Officer, magniX; and Mr. Blake Scholl, Founder and Chief Executive Officer, Boom Supersonic. This hearing examined emerging uses of U.S. airspace and emerging aviation technologies affecting the economy, transportation system, local communities, environment, and public good; visions for and possible barriers to deployment of new aerospace technologies in the United States; and the federal government's role in ensuring the safe integration of these users and technologies into the National Airspace System. LEGISLATIVE HISTORY AND CONSIDERATION H.R. 1339 was introduced in the House on February 25, 2021, by Ms. Davids of Kansas and Mr. Graves of Louisiana and referred to the Committee on Transportation and Infrastructure. Within the Committee, H.R. 1339 was referred to the Subcommittee on Aviation. The Subcommittee on Aviation was discharged from further consideration of H.R. 1339 on July 28, 2021. The Committee considered H.R. 1339 on July 28, 2021, and ordered the measure to be reported to the House with a favorable recommendation, amended, by voice vote. The following amendments were offered: An Amendment in the Nature of a Substitute offered by Ms. Davids of Kansas (#1); was AGREED TO, as amended, by voice vote. An amendment to the Amendment in the Nature of a Substitute offered by Mr. Perry (#1A); was AGREED TO by voice vote. Page 4, after line 13, insert the following: (L) Groups representing consumer interests. (M) Groups representing the interests of taxpayers. An amendment to the Amendment in the Nature of a Substitute offered by Mr. Perry (#1B) was WITHDRAWN. Page 4, after line 13, insert the following: (L) Petroleum refineries, petroleum marketers, and petrochemical manufacturers. COMMITTEE VOTES Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of votes cast for and against on each record vote on a motion to report and on any amendment offered to the measure or matter, and the names of those members voting for and against. No record votes were requested during consideration of H.R. 1339. COMMITTEE OVERSIGHT FINDINGS With respect to the requirements of clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee's oversight findings and recommendations are reflected in this report. NEW BUDGET AUTHORITY AND TAX EXPENDITURES Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE With respect to the requirement of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the Committee has received the enclosed cost estimate for H.R. 1339, as amended, from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, September 17, 2021. Hon. Peter A. DeFazio, Chairman, Committee on Transportation and Infrastructure, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1339, the Advanced Air Mobility Coordination and Leadership Act. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Aaron Krupkin. Sincerely, Phillip L. Swagel, Director. Enclosure. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] H.R. 1339 would require the Department of Transportation (DOT) to establish an interagency working group on advanced air mobility (AAM) consisting of representatives from at least eight federal agencies.\1\ The working group would evaluate the policies and infrastructure necessary to advance AAM operations, coordinate with state and local governments and the private sector, develop recommendations, and report to the Congress. --------------------------------------------------------------------------- \1\Advanced air mobility refers to the development and implementation of innovative aviation technologies that transport people and cargo, such as electric vertical takeoff and landing aircraft and autonomous aircraft. --------------------------------------------------------------------------- For the purposes of this estimate, CBO assumes the bill will be enacted by the end of calendar year 2021. Using information from DOT and based on the cost of similar activities, CBO estimates that implementing H.R. 1339 would cost $1 million over the 2022-2026 period; such spending would be subject to the availability of appropriated funds. On July 26, 2021, CBO transmitted a cost estimate for S. 516, the Advanced Air Mobility Coordination and Leadership Act, as ordered reported by the Senate Committee on Commerce, Science, and Transportation on May 12, 2021. The two bills are similar, and CBO's estimates of their total costs are the same. The differences in the costs for 2021 reflect differences in the assumed enactment date at the time we transmitted the estimates. The CBO staff contact for this estimate is Aaron Krupkin. The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis. PERFORMANCE GOALS AND OBJECTIVES With respect to the requirement of clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the performance goal and objective of this legislation is to establish an AAM interagency working group to evaluate, plan, and coordinate efforts to permit the safe operation of AAM technology in the NAS and to help advance U.S. leadership in the emerging AAM industry. DUPLICATION OF FEDERAL PROGRAMS Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House of Representatives, the Committee finds that no provision of H.R. 1339, as amended, establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS In compliance with clause 9 of rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), or 9(g) of the rule XXI. FEDERAL MANDATES STATEMENT The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act (Public Law 104-4). PREEMPTION CLARIFICATION Section 423 of the Congressional Budget Act of 1974 requires the report of any Committee on a bill or joint resolution to include a statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee finds that H.R. 1339 does not preempt any state, local, or tribal law. ADVISORY COMMITTEE STATEMENT No advisory committees within the meaning of section 5(b) of the Federal Advisory Committee Act were created by this legislation. APPLICABILITY TO LEGISLATIVE BRANCH The Committee finds that the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104-1). SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION Section 1. Title This section provides that this bill may be cited as the ``Advanced Air Mobility Coordination and Leadership Act''. Sec. 2. Advanced Air Mobility working group This section directs the Secretary of Transportation to establish an AAM interagency working group to plan and coordinate efforts related to the safety, infrastructure, physical security, cybersecurity, and federal investment necessary for the maturation of the AAM ecosystem in the United States. The working group must coordinate with various aviation industry, labor, and other stakeholders as the Secretary determines appropriate. This section also requires the working group to complete a review of, at a minimum, the steps to mature AAM aircraft operations and concepts beyond initial operations; safety requirements and security involved with future air traffic management concepts; current federal programs and policies; infrastructure needs to support expanded AAM operations; anticipated benefits associated with AAM operations; and other factors that may limit the full potential of this growing industry. Following this review, the working group must develop recommendations regarding the safety, operations, security, infrastructure and other actions necessary to support the advancement of AAM, and create a comprehensive plan on the roles of responsibilities of each federal department or agency to facilitate or implement the recommendations. No later than 180 days after completion of the review, the working group must submit a report to Congress detailing its review, comprehensive plan, and recommendations. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED As reported by the Committee, H.R. 1339 makes no changes in existing law. [all]