Sec. 622. Audit of legacy systems
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Not later than 120 days after the date of enactment of this Act, the Administrator shall initiate an audit of all legacy systems of the national airspace system to determine the level of operational risk, functionality, and security of such systems and the compatibility of such systems with current and future technology. The audit required under subsection (a)— shall be conducted by an independent third-party contractor or a federally funded research and development center selected by the Administrator; shall include an assessment of whether a legacy system is an outdated, insufficient, unsafe, or unstable legacy system; with respect to any legacy systems identified in the audit as an outdated, insufficient, unsafe, or unstable legacy system, shall include— an analysis of the operational risks associated with using such legacy systems; recommendations for replacement or enhancement of such legacy systems; and an analysis of any potential impact on aviation safety and efficiency; and shall include recommended performance metrics by which the Administrator can assess the circumstances in which safety-critical communication, navigation, and surveillance aviation infrastructure within the national airspace system can remain in operational service, which take into account— the expected lifespan of such aviation infrastructure; the number and type of mechanical failures of such aviation infrastructure; the average annual costs of maintaining such aviation infrastructure over a 5-year period and whether such costs exceed the cost to replace such aviation infrastructure; and the availability of replacement parts or labor capable of maintaining such aviation infrastructure.
Not later than 15 months after the date of enactment of this Act, the audit required under subsection
(a)shall be completed. Not later than 180 days after the audit required under subsection
(a)is completed, the Administrator shall provide to the appropriate committees of Congress a report on the findings and recommendations of such audit, including— an inventory of the legacy systems in use; an assessment of the operational condition of the legacy systems in use, including the interoperability of such systems; the average age of such legacy systems and, for each such legacy system, the intended design life of the system, by type; and the availability of replacement parts, equipment, or technology to maintain such legacy systems. Not later than 120 days after the date on which the Administrator provides the report under subsection (d), the Administrator shall develop and implement a plan, in consultation with industry representatives, to accelerate the drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required under subsection
(a)as outdated, insufficient, unsafe, or unstable legacy systems. In developing the plan under paragraph (1), the Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to aviation safety and the costs associated with the replacement or enhancement of such legacy systems. In carrying out this subsection, the Administrator shall— collaborate with industry representatives and other external experts in information technology to develop the plan under paragraph
(1)within a reasonable timeframe; identify technologies in existence or in development that, with or without adaptation, are expected to be suitable to meet the technical information technology needs of the FAA; and maintain consistency with the acquisition management system established and updated pursuant to section 40110(d) of title 49, United States Code. The Administrator shall provide the appropriate committees of Congress with semiannual updates through September 30, 2028 on the progress made in carrying out the plan under paragraph (1). Not later than 3 years after the Administrator develops the plan required under paragraph (1), the inspector general of the Department of Transportation shall assess such efforts of the Administration to drawdown, replace, or enhance any legacy systems identified under subsection (a). The inspector general shall submit to the appropriate committees of Congress a report on the results of the review carried out under subparagraph (A). In this section: The term industry means aviation industry organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization standards. The term legacy system means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure, or other critical software and hardware systems owned by the FAA, that were deployed prior to the year 2000, including the Notice to Air Missions system. The term outdated, insufficient, unsafe, or unstable legacy system means a legacy system for which the likelihood of failure of such system creates a risk to air safety or security due to the age, ability to be maintained in a cost-effective manner, vulnerability to degradation, errors, or malicious attacks of such system, or any other factors that may compromise the performance or security of such system, including a legacy system— that is vulnerable or susceptible to mechanical failure; and with a risk of a single point of failure or that lacks sufficient contingencies in the event of such failure.