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Title II — FAA Safety Certification Reform

H.R. 4 · 115th Congress · May 7, 2018 · Lineage

II FAA Safety Certification Reform

A General Provisions

Sec. 201 Definitions

In this title, the following definitions apply:
(1)
FAA— The term “FAA” means the Federal Aviation Administration.
(2)
Safety Oversight and Certification Advisory Committee— The term “Safety Oversight and Certification Advisory Committee” means the Safety Oversight and Certification Advisory Committee established under section 202.
(3)
Systems safety approach— The term “systems safety approach” means the application of specialized technical and managerial skills to the systematic, forward-looking identification and control of hazards throughout the lifecycle of a project, program, or activity.

Sec. 202 Safety Oversight and Certification Advisory Committee

(a)
In general— Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Safety Oversight and Certification Advisory Committee (in this section referred to as the “Advisory Committee”).
(b)
Duties— The Advisory Committee shall provide advice to the Secretary on policy-level issues facing the aviation community that are related to FAA certification and safety oversight programs and activities, including, at a minimum, the following:
(1)
Aircraft and flight standards certification processes, including efforts to streamline those processes.
(2)
Implementation and oversight of safety management systems.
(3)
Risk-based oversight efforts.
(4)
Utilization of delegation and designation authorities.
(5)
Regulatory interpretation standardization efforts.
(6)
Training programs.
(7)
Expediting the rulemaking process and giving priority to rules related to safety.
(c)
Functions— The Advisory Committee shall carry out the following functions (as the functions relate to FAA certification and safety oversight programs and activities):
(1)
Foster industry collaboration in an open and transparent manner.
(2)
Consult with, and ensure participation by—
(A)
the private sector, including representatives of—
(i)
general aviation;
(ii)
commercial aviation;
(iii)
aviation labor;
(iv)
aviation maintenance;
(v)
aviation, aerospace, and avionics manufacturing;
(vi)
unmanned aircraft systems operators and manufacturers; and
(vii)
the commercial space transportation industry;
(B)
members of the public; and
(C)
other interested parties.
(3)
Establish consensus national goals, strategic objectives, and priorities for the most efficient, streamlined, and cost-effective certification and oversight processes in order to maintain the safety of the aviation system and, at the same time, allow the FAA to meet future needs and ensure that aviation stakeholders remain competitive in the global marketplace.
(4)
Provide policy guidance for the FAA’s certification and safety oversight efforts.
(5)
Provide ongoing policy reviews of the FAA’s certification and safety oversight efforts.
(6)
Make appropriate legislative, regulatory, and guidance recommendations for the air transportation system and the aviation safety regulatory environment.
(7)
Establish performance objectives for the FAA and industry.
(8)
Establish performance metrics and goals for the FAA and the regulated aviation industry to be tracked and reviewed as streamlining and certification reform and regulation standardization efforts progress.
(9)
Provide a venue for tracking progress toward national goals and sustaining joint commitments.
(10)
Develop recruiting, hiring, training, and continuing education objectives for FAA aviation safety engineers and aviation safety inspectors.
(11)
Provide advice and recommendations to the FAA on how to prioritize safety rulemaking projects.
(12)
Improve the development of FAA regulations by providing information, advice, and recommendations related to aviation issues.
(13)
Facilitate the validation of United States products abroad.
(d)
Membership—
(1)
In general— The Advisory Committee shall be composed of the following members:
(A)
The Administrator of the FAA (or the Administrator’s designee).
(B)
Individuals appointed by the Secretary to represent the following interests:
(i)
Aircraft and engine manufacturers.
(ii)
Avionics and equipment manufacturers.
(iii)
Labor organizations, including collective bargaining representatives of FAA aviation safety inspectors and aviation safety engineers.
(iv)
General aviation operators.
(v)
Air carriers.
(vi)
Business aviation operators.
(vii)
Unmanned aircraft systems manufacturers and operators.
(viii)
Aviation safety management expertise.
(ix)
Aviation maintenance.
(x)
Airport owners and operators.
(2)
Nonvoting members—
(A)
In general— In addition to the members appointed under paragraph (1), the Advisory Committee shall be composed of nonvoting members appointed by the Secretary from among individuals representing FAA safety oversight program offices.
(B)
Duties— The nonvoting members shall—
(i)
take part in deliberations of the Advisory Committee; and
(ii)
provide input with respect to any final reports or recommendations of the Advisory Committee.
(C)
Limitation— The nonvoting members may not represent any stakeholder interest other than FAA safety oversight program offices.
(3)
Terms— Each member and nonvoting member of the Advisory Committee appointed by the Secretary shall be appointed for a term of 2 years.
(4)
Committee characteristics— The Advisory Committee shall have the following characteristics:
(A)
An executive-level membership, with members who can represent and enter into commitments for their organizations.
(B)
The ability to obtain necessary information from experts in the aviation and aerospace communities.
(C)
A membership size that enables the Committee to have substantive discussions and reach consensus on issues in a timely manner.
(D)
Appropriate expertise, including expertise in certification and risked-based safety oversight processes, operations, policy, technology, labor relations, training, and finance.
(5)
Limitation on statutory construction— Public Law 104–65 (2 U.S.C. 1601 et seq.) may not be construed to prohibit or otherwise limit the appointment of any individual as a member of the Advisory Committee.
(e)
Chairperson—
(1)
In general— The Chairperson of the Advisory Committee shall be appointed by the Secretary from among those members of the Advisory Committee that are executive-level members of the aviation industry.
(2)
Term— Each member appointed under paragraph (1) shall serve a term of 1 year as Chairperson.
(f)
Meetings—
(1)
Frequency— The Advisory Committee shall meet at least twice each year at the call of the Chairperson.
(2)
Public attendance— The meetings of the Advisory Committee shall be open to the public.
(g)
Special committees—
(1)
Establishment— The Advisory Committee may establish special committees composed of private sector representatives, members of the public, labor representatives, and other interested parties in complying with consultation and participation requirements under this section.
(2)
Rulemaking advice— A special committee established by the Advisory Committee may—
(A)
provide rulemaking advice and recommendations to the Administrator with respect to aviation-related issues;
(B)
afford the FAA additional opportunities to obtain firsthand information and insight from those parties that are most affected by existing and proposed regulations; and
(C)
expedite the development, revision, or elimination of rules without circumventing public rulemaking processes and procedures.
(3)
Applicable law— Public Law 92–463 shall not apply to a special committee established by the Advisory Committee.
(h)
Sunset— The Advisory Committee shall terminate on the last day of the 6-year period beginning on the date of the initial appointment of the members of the Advisory Committee.
(i)
Termination of Air Traffic Procedures Advisory Committee— The Air Traffic Procedures Advisory Committee established by the FAA shall terminate on the date of the initial appointment of the members of the Advisory Committee.

Sec. 203 Performance standards for firefighting foams

Not later than 2 years after the date of enactment of this Act, the Administrator of the FAA, using the latest version of National Fire Protection Association 403, “Standard for Aircraft Rescue and Fire-Fighting Services at Airports”, and in coordination with the Administrator of the Environmental Protection Agency, aircraft manufacturers and airports, shall not require the use of fluorinated chemicals to meet the performance standards referenced in chapter 6 of AC No: 150/5210–6D and acceptable under 139.319(l) of title 14, Code of Federal Regulations.

B Aircraft Certification Reform

Sec. 211 Aircraft certification performance objectives and metrics

(a)
In general— Not later than 120 days after the date on which the Safety Oversight and Certification Advisory Committee is established under section 202, the Administrator of the FAA shall establish performance objectives and apply and track metrics for the FAA and the aviation industry relating to aircraft certification in accordance with this section.
(b)
Collaboration— The Administrator shall carry out this section in collaboration with the Safety Oversight and Certification Advisory Committee.
(c)
Performance objectives— In carrying out subsection (a), the Administrator shall establish performance objectives for the FAA and the aviation industry to ensure that, with respect to aircraft certification, progress is made toward, at a minimum—
(1)
eliminating certification delays and improving cycle times;
(2)
increasing accountability for both FAA and industry entities;
(3)
achieving full utilization of FAA delegation and designation authorities;
(4)
fully implementing risk management principles and a systems safety approach;
(5)
reducing duplication of effort;
(6)
increasing transparency;
(7)
establishing and providing training, including recurrent training, in auditing and a systems safety approach to certification oversight;
(8)
improving the process for approving or accepting certification actions between the FAA and bilateral partners;
(9)
maintaining and improving safety;
(10)
streamlining the hiring process for—
(A)
qualified systems safety engineers to support FAA efforts to implement a systems safety approach; and
(B)
qualified systems engineers to guide the engineering of complex systems within the FAA; and
(11)
maintaining the leadership of the United States in international aviation and aerospace.
(d)
Performance metrics— In carrying out subsection (a), the Administrator shall apply and track performance metrics for the FAA and the regulated aviation industry established by the Safety Oversight and Certification Advisory Committee.
(e)
Data generation—
(1)
Baselines— Not later than 1 year after the date on which the Safety Oversight and Certification Advisory Committee establishes initial performance metrics for the FAA and the regulated aviation industry under section 202, the Administrator shall generate initial data with respect to each of the metrics applied and tracked under this section.
(2)
Measuring progress toward goals— The Administrator shall use the metrics applied and tracked under this section to generate data on an ongoing basis and to measure progress toward the achievement of national goals established by the Safety Oversight and Certification Advisory Committee.
(f)
Publication— The Administrator shall make data generated using the metrics applied and tracked under this section available to the public in a searchable, sortable, and downloadable format through the internet website of the FAA and other appropriate methods and shall ensure that the data is made available in a manner that—
(1)
does not provide identifying information regarding an individual or entity; and
(2)
protects proprietary information.

Sec. 212 Organization designation authorizations

(a)
In general— Chapter 447 of title 49, United States Code, is amended by adding at the end the following:

“44736. Organization designation authorizations

“(a) Delegations of functions

“(1) In general—Except as provided in paragraph (3), when overseeing an ODA holder, the Administrator of the FAA shall—

“(A) require, based on an application submitted by the ODA holder and approved by the Administrator (or the Administrator’s designee), a procedures manual that addresses all procedures and limitations regarding the functions to be performed by the ODA holder;

“(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to 1 or more of the functions; and

“(C) conduct regular oversight activities by inspecting the ODA holder’s delegated functions and taking action based on validated inspection findings.

“(2) Duties of ODA holders—An ODA holder shall—

“(A) perform each function delegated to the ODA holder in accordance with the approved procedures manual for the delegation;

“(B) make the procedures manual available to each member of the appropriate ODA unit; and

“(C) cooperate fully with oversight activities conducted by the Administrator in connection with the delegation.

“(3) Existing ODA holders—With regard to an ODA holder operating under a procedures manual approved by the Administrator before the date of enactment of this section, the Administrator shall—

“(A) at the request of the ODA holder and in an expeditious manner, approve revisions to the ODA holder’s procedures manual;

“(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to one or more of the functions; and

“(C) conduct regular oversight activities by inspecting the ODA holder delegated functions and taking action based on validated inspection findings.

“(b) ODA Office

“(1) Establishment—Not later than 90 days after the date of enactment of this section, the Administrator of the FAA shall identify, within the FAA Office of Aviation Safety, a centralized policy office to be known as the Organization Designation Authorization Office or the ODA Office.

“(2) Purpose—The purpose of the ODA Office shall be to oversee and ensure the consistency of the FAA’s audit functions under the ODA program across the FAA.

“(3) Functions—The ODA Office shall—

“(A) improve performance and ensure full utilization of the authorities delegated under the ODA program;

“(B) create a more consistent approach to audit priorities, procedures, and training under the ODA program;

“(C) review, in a timely fashion, a random sample of limitations on delegated authorities under the ODA program to determine if the limitations are appropriate;

“(D) ensure national consistency in the interpretation and application of the requirements of the ODA program, including any limitations, and in the performance of the ODA program; and

“(E) at the request of an ODA holder, review and approve new limitations to ODA functions.

“(c) Definitions—In this section, the following definitions apply:

“(1) FAA—The term “FAA” means the Federal Aviation Administration.

“(2) ODA holder—The term “ODA holder” means an entity authorized to perform functions pursuant to a delegation made by the Administrator of the FAA under section 44702(d).

“(3) ODA unit—The term “ODA unit” means a group of 2 or more individuals who perform, under the supervision of an ODA holder, authorized functions under an ODA.

“(4) Organization—The term “organization” means a firm, partnership, corporation, company, association, joint-stock association, or governmental entity.

“(5) Organization Designation Authorization; ODA—The term “Organization Designation Authorization” or “ODA” means an authorization by the FAA under section 44702(d) for an organization comprised of 1 or more ODA units to perform approved functions on behalf of the FAA.”

(b)
Clerical amendment— The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following:

Sec. 213 ODA review

(a)
Establishment of expert review panel—
(1)
Expert panel— Not later than 60 days after the date of enactment of this Act, the Administrator of the FAA shall convene a multidisciplinary expert review panel (in this section referred to as the “Panel”).
(2)
Composition of panel—
(A)
Appointment of members— The Panel shall be composed of not more than 20 members appointed by the Administrator.
(B)
Qualifications— The members appointed to the Panel shall—
(i)
each have a minimum of 5 years of experience in processes and procedures under the ODA program; and
(ii)
represent, at a minimum, ODA holders, aviation manufacturers, safety experts, and FAA labor organizations, including labor representatives of FAA aviation safety inspectors and aviation safety engineers.
(b)
Survey— The Panel shall conduct a survey of ODA holders and ODA program applicants to document and assess FAA certification and oversight activities, including use of the ODA program and the timeliness and efficiency of the certification process.
(c)
Assessment and recommendations— The Panel shall assess and make recommendations concerning—
(1)
the FAA’s processes and procedures under the ODA program and whether the processes and procedures function as intended;
(2)
the best practices of and lessons learned by ODA holders and individuals who provide oversight of ODA holders;
(3)
performance incentive policies related to the ODA program for FAA personnel;
(4)
training activities related to the ODA program for FAA personnel and ODA holders;
(5)
the impact, if any, that oversight of the ODA program has on FAA resources and the FAA’s ability to process applications for certifications outside of the ODA program; and
(6)
the results of the survey conducted under subsection (b).
(d)
Report— Not later than 180 days after the date the Panel is convened under subsection (a), the Panel shall submit to the Administrator, the Safety Oversight and Certification Advisory Committee, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings and recommendations of the Panel.
(e)
Definitions— The definitions contained in section 44736 of title 49, United States Code, as added by this Act, apply to this section.
(f)
Applicable law— Public Law 92–463 shall not apply to the Panel.
(g)
Sunset— The Panel shall terminate on the date of submission of the report under subsection (d), or on the date that is 1 year after the Panel is convened under subsection (a), whichever occurs first.

Sec. 214 Type certification resolution process

(a)
In general— Section 44704(a) of title 49, United States Code, is amended by adding at the end the following:

“(6) Type certification resolution process

“(A) In general—Not later than 15 months after the date of enactment of this paragraph, the Administrator shall establish an effective, timely, and milestone-based issue resolution process for type certification activities under this subsection.

“(B) Process requirements—The resolution process shall provide for—

“(i) resolution of technical issues at pre-established stages of the certification process, as agreed to by the Administrator and the type certificate applicant;

“(ii) automatic elevation to appropriate management personnel of the Federal Aviation Administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the Administrator and the type certificate applicant; and

“(iii) resolution of a major certification process milestone elevated pursuant to clause (ii) within a specific period of time agreed to by the Administrator and the type certificate applicant.

“(C) Major certification process milestone defined—In this paragraph, the term “major certification process milestone” means a milestone related to a type certification basis, type certification plan, type inspection authorization, issue paper, or other major type certification activity agreed to by the Administrator and the type certificate applicant.”

(b)
Technical amendment— Section 44704 of title 49, United States Code, is amended in the section heading by striking “airworthiness certificates,,” and inserting “airworthiness certificates,”.

Sec. 215 Review of certification process for small general aviation airplanes

(a)
In general— Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of Transportation shall initiate a review of the Federal Aviation Administration’s implementation of the final rule titled “Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes” (81 Fed. Reg. 96572).
(b)
Considerations— In carrying out the review, the Inspector General shall assess—
(1)
how the rule puts into practice the Administration’s efforts to implement performance and risk-based safety standards;
(2)
whether the Administration’s implementation of the rule has improved safety and reduced the regulatory cost burden for the Administration and the aviation industry; and
(3)
if there are lessons learned from, and best practices developed as a result of, the rule that could be applied to airworthiness standards for other categories of aircraft.
(c)
Report— Not later than 180 days after the date of initiation of the review, the Inspector General 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 on the results of the review, including findings and recommendations.

C Flight Standards Reform

Sec. 231 Flight standards performance objectives and metrics

(a)
In general— Not later than 120 days after the date on which the Safety Oversight and Certification Advisory Committee is established under section 202, the Administrator of the FAA shall establish performance objectives and apply and track metrics for the FAA and the aviation industry relating to flight standards activities in accordance with this section.
(b)
Collaboration— The Administrator shall carry out this section in collaboration with the Safety Oversight and Certification Advisory Committee.
(c)
Performance objectives— In carrying out subsection (a), the Administrator shall establish performance objectives for the FAA and the aviation industry to ensure that, with respect to flight standards activities, progress is made toward, at a minimum—
(1)
eliminating delays with respect to such activities;
(2)
increasing accountability for both FAA and industry entities;
(3)
achieving full utilization of FAA delegation and designation authorities;
(4)
fully implementing risk management principles and a systems safety approach;
(5)
reducing duplication of effort;
(6)
eliminating inconsistent regulatory interpretations and inconsistent enforcement activities;
(7)
improving and providing greater opportunities for training, including recurrent training, in auditing and a systems safety approach to oversight;
(8)
developing and allowing utilization of a single master source for guidance;
(9)
providing and utilizing a streamlined appeal process for the resolution of regulatory interpretation questions;
(10)
maintaining and improving safety; and
(11)
increasing transparency.
(d)
Metrics— In carrying out subsection (a), the Administrator shall apply and track performance metrics for the FAA and the regulated aviation industry established by the Safety Oversight and Certification Advisory Committee.
(e)
Data generation—
(1)
Baselines— Not later than 1 year after the date on which the Safety Oversight and Certification Advisory Committee establishes initial performance metrics for the FAA and the regulated aviation industry under section 202, the Administrator shall generate initial data with respect to each of the metrics applied and tracked under this section.
(2)
Measuring progress toward goals— The Administrator shall use the metrics applied and tracked under this section to generate data on an ongoing basis and to measure progress toward the achievement of national goals established by the Safety Oversight and Certification Advisory Committee.
(f)
Publication— The Administrator shall make data generated using the metrics applied and tracked under this section available to the public in a searchable, sortable, and downloadable format through the internet website of the FAA and other appropriate methods and shall ensure that the data is made available in a manner that—
(1)
does not provide identifying information regarding an individual or entity; and
(2)
protects proprietary information.

Sec. 232 FAA task force on flight standards reform

(a)
Establishment— Not later than 90 days after the date of enactment of this Act, the Administrator of the FAA shall establish the FAA Task Force on Flight Standards Reform (in this section referred to as the “Task Force”).
(b)
Membership—
(1)
Appointment— The membership of the Task Force shall be appointed by the Administrator.
(2)
Number— The Task Force shall be composed of not more than 20 members.
(3)
Representation requirements— The membership of the Task Force shall include representatives, with knowledge of flight standards regulatory processes and requirements, of—
(A)
air carriers;
(B)
general aviation;
(C)
business aviation;
(D)
repair stations;
(E)
unmanned aircraft systems operators;
(F)
flight schools;
(G)
labor unions, including those representing FAA aviation safety inspectors;
(H)
aircraft manufacturers; and
(I)
aviation safety experts.
(c)
Duties— The duties of the Task Force shall include, at a minimum, identifying best practices and providing recommendations, for current and anticipated budgetary environments, with respect to—
(1)
simplifying and streamlining flight standards regulatory processes;
(2)
reorganizing Flight Standards Services to establish an entity organized by function rather than geographic region, if appropriate;
(3)
FAA aviation safety inspector training opportunities;
(4)
ensuring adequate and timely provision of Flight Standards activities and responses necessary for type certification, operational evaluation, and entry into service of newly manufactured aircraft;
(5)
FAA aviation safety inspector standards and performance; and
(6)
achieving, across the FAA, consistent—
(A)
regulatory interpretations; and
(B)
application of oversight activities.
(d)
Report— Not later than 1 year after the date of the establishment of the Task Force, the Task Force 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 detailing—
(1)
the best practices identified and recommendations provided by the Task Force under subsection (c); and
(2)
any recommendations of the Task Force for additional regulatory, policy, or cost-effective legislative action to improve the efficiency of agency activities.
(e)
Applicable law— Public Law 92–463 shall not apply to the Task Force.
(f)
Termination— The Task Force shall terminate on the earlier of—
(1)
the date on which the Task Force submits the report required under subsection (d); or
(2)
the date that is 18 months after the date on which the Task Force is established under subsection (a).

Sec. 233 Centralized safety guidance database

(a)
Establishment— Not later than 1 year after the date of enactment of this Act, the Administrator of the FAA shall establish a centralized safety guidance database that will—
(1)
encompass all of the regulatory guidance documents of the FAA Office of Aviation Safety;
(2)
contain, for each such guidance document, a link to the Code of Federal Regulations provision to which the document relates; and
(3)
be publicly available in a manner that—
(A)
does not provide identifying information regarding an individual or entity; and
(B)
protects proprietary information.
(b)
Data entry timing—
(1)
Existing documents— Not later than 14 months after the date of enactment of this Act, the Administrator shall begin entering into the database established under subsection (a) all of the regulatory guidance documents of the Office of Aviation Safety that are in effect and were issued before the date on which the Administrator begins such entry process.
(2)
New documents and changes— On and after the date on which the Administrator begins the document entry process under paragraph (1), the Administrator shall ensure that all new regulatory guidance documents of the Office of Aviation Safety and any changes to existing documents are included in the database established under subsection (a).
(c)
Consultation requirement— In establishing the database under subsection (a), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those representing aviation workers and FAA aviation safety inspectors) and industry stakeholders.
(d)
Regulatory guidance documents defined— In this section, the term “regulatory guidance documents” means all forms of written information issued by the FAA that an individual or entity may use to interpret or apply FAA regulations and requirements, including information an individual or entity may use to determine acceptable means of compliance with such regulations and requirements.

Sec. 234 Regulatory Consistency Communications Board

(a)
Establishment— Not later than 180 days after the date of enactment of this Act, the Administrator of the FAA shall establish a Regulatory Consistency Communications Board (in this section referred to as the “Board”).
(b)
Consultation requirement— In establishing the Board, the Administrator shall consult and collaborate with appropriate stakeholders, including FAA labor organizations (including labor organizations representing FAA aviation safety inspectors) and industry stakeholders.
(c)
Membership— The Board shall be composed of FAA representatives, appointed by the Administrator, from—
(1)
the Flight Standards Service;
(2)
the Aircraft Certification Service; and
(3)
the Office of the Chief Counsel.
(d)
Functions— The Board shall carry out the following functions:
(1)
Establish, at a minimum, processes by which—
(A)
FAA personnel and regulated entities may submit anonymous regulatory interpretation questions without fear of retaliation; and
(B)
FAA personnel may submit written questions, and receive written responses, as to whether a previous approval or regulatory interpretation issued by FAA personnel in another office or region is correct or incorrect.
(2)
Meet on a regular basis to discuss and resolve questions submitted pursuant to paragraph (1) and the appropriate application of regulations and policy with respect to each question.
(3)
Provide to an individual or entity that submitted a question pursuant to paragraph (1) a timely response to the question.
(4)
Establish a process to make resolutions of common regulatory interpretation questions publicly available to FAA personnel and regulated entities without providing any identifying data of the individuals or entities that submitted the questions and in a manner that protects any proprietary information.
(5)
Ensure the incorporation of resolutions of questions submitted pursuant to paragraph (1) into regulatory guidance documents.
(e)
Performance metrics, timelines, and goals— Not later than 180 days after the date on which the Safety Oversight and Certification Advisory Committee establishes performance metrics for the FAA and the regulated aviation industry under section 202, the Administrator, in collaboration with the Advisory Committee, shall—
(1)
establish performance metrics, timelines, and goals to measure the progress of the Board in resolving regulatory interpretation questions submitted pursuant to subsection (d)(1); and
(2)
implement a process for tracking the progress of the Board in meeting the metrics, timelines, and goals established under paragraph (1).

D Safety Workforce

Sec. 241 Safety workforce training strategy

(a)
Safety workforce training strategy— Not later than 60 days after the date of enactment of this Act, the Administrator of the FAA shall establish a safety workforce training strategy that—
(1)
allows employees participating in organization management teams or conducting ODA program audits to complete, in a timely fashion, appropriate training, including recurrent training, in auditing and a systems safety approach to oversight;
(2)
seeks knowledge-sharing opportunities between the FAA and the aviation industry regarding new equipment and systems, best practices, and other areas of interest;
(3)
functions within the current and anticipated budgetary environments; and
(4)
includes milestones and metrics for meeting the requirements of paragraphs (1), (2), and (3).
(b)
Report— Not later than 270 days after the date of establishment of the strategy required under subsection (a), the Administrator 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 on the implementation of the strategy and progress in meeting any milestones and metrics included in the strategy.
(c)
Definitions— In this section, the following definitions apply:
(1)
ODA; ODA holder— The terms “ODA” and “ODA holder” have the meanings given those terms in section 44736 of title 49, United States Code, as added by this Act.
(2)
Organization management team— The term “organization management team” means a team consisting of FAA aviation safety engineers, flight test pilots, and aviation safety inspectors overseeing an ODA holder and its certification activity.

Sec. 242 Workforce review

(a)
Workforce review— Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review to assess the workforce and training needs of the FAA Office of Aviation Safety in the anticipated budgetary environment.
(b)
Contents— The review required under subsection (a) shall include—
(1)
a review of current aviation safety inspector and aviation safety engineer hiring, training, and recurrent training requirements;
(2)
an analysis of the skills and qualifications required of aviation safety inspectors and aviation safety engineers for successful performance in the current and future projected aviation safety regulatory environment, including the need for a systems engineering discipline within the FAA to guide the engineering of complex systems, with an emphasis on auditing designated authorities;
(3)
a review of current performance incentive policies of the FAA, as applied to the Office of Aviation Safety, including awards for performance;
(4)
an analysis of ways the FAA can work with industry and labor, including labor groups representing FAA aviation safety inspectors and aviation safety engineers, to establish knowledge-sharing opportunities between the FAA and the aviation industry regarding new equipment and systems, best practices, and other areas of interest; and
(5)
recommendations on the most effective qualifications, training programs (including e-learning training), and performance incentive approaches to address the needs of the future projected aviation safety regulatory system in the anticipated budgetary environment.
(c)
Report— Not later than 270 days after the date of enactment of this Act, the Comptroller General 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 on the results of the review required under subsection (a).

E International Aviation

Sec. 251 Promotion of United States aerospace standards, products, and services abroad

Section 40104 of title 49, United States Code, is amended by adding at the end the following:

“(d) Promotion of United States aerospace standards, products, and services abroad—The Administrator shall take appropriate actions to—

“(1) promote United States aerospace safety standards abroad;

“(2) facilitate and vigorously defend approvals of United States aerospace products and services abroad;

“(3) with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve validation of United States type certificated aeronautical products and appliances and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and

“(4) with respect to foreign safety authorities, streamline validation and coordination processes.”

Sec. 252 Bilateral exchanges of safety oversight responsibilities

Section 44701(e) of title 49, United States Code, is amended by adding at the end the following:

“(5) Foreign airworthiness directives

“(A) Acceptance—The Administrator may accept an airworthiness directive issued by an aeronautical safety authority of a foreign country, and leverage that authority’s regulatory process, if—

“(i) the country is the state of design for the product that is the subject of the airworthiness directive;

“(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country;

“(iii) as part of the bilateral safety agreement with the country, the Administrator has determined that such aeronautical safety authority has a certification system relating to safety that produces a level of safety equivalent to the level produced by the system of the Federal Aviation Administration;

“(iv) the aeronautical safety authority of the country utilizes an open and transparent notice and comment process in the issuance of airworthiness directives; and

“(v) the airworthiness directive is necessary to provide for the safe operation of the aircraft subject to the directive.

“(B) Alternative approval process—Notwithstanding subparagraph (A), the Administrator may issue a Federal Aviation Administration airworthiness directive instead of accepting an airworthiness directive otherwise eligible for acceptance under such subparagraph, if the Administrator determines that such issuance is necessary for safety or operational reasons due to the complexity or unique features of the Federal Aviation Administration airworthiness directive or the United States aviation system.

“(C) Alternative means of compliance—The Administrator may—

“(i) accept an alternative means of compliance, with respect to an airworthiness directive accepted under subparagraph (A), that was approved by the aeronautical safety authority of the foreign country that issued the airworthiness directive; or

“(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive accepted under such subparagraph, approve an alternative means of compliance with respect to the airworthiness directive.

“(D) Limitation—The Administrator may not accept an airworthiness directive issued by an aeronautical safety authority of a foreign country if the airworthiness directive addresses matters other than those involving the safe operation of an aircraft.”

Sec. 253 FAA leadership abroad

(a)
In general— To promote United States aerospace safety standards, reduce redundant regulatory activity, and facilitate acceptance of FAA design and production approvals abroad, the Administrator of the FAA shall—
(1)
attain greater expertise in issues related to dispute resolution, intellectual property, and export control laws to better support FAA certification and other aerospace regulatory activities abroad;
(2)
work with United States companies to more accurately track the amount of time it takes foreign authorities, including bilateral partners, to validate United States type certificated aeronautical products;
(3)
provide assistance to United States companies that have experienced significantly long foreign validation wait times;
(4)
work with foreign authorities, including bilateral partners, to collect and analyze data to determine the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA;
(5)
establish appropriate benchmarks and metrics to measure the success of bilateral aviation safety agreements and to reduce the validation time for United States type certificated aeronautical products abroad; and
(6)
work with foreign authorities, including bilateral partners, to improve the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA.
(b)
Report— Not later than 1 year after the date of enactment of this Act, the Administrator of the FAA 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)
describes the FAA’s strategic plan for international engagement;
(2)
describes the structure and responsibilities of all FAA offices that have international responsibilities, including the Aircraft Certification Office, and all the activities conducted by those offices related to certification and production;
(3)
describes current and forecasted staffing and travel needs for the FAA’s international engagement activities, including the needs of the Aircraft Certification Office in the current and forecasted budgetary environment;
(4)
provides recommendations, if appropriate, to improve the existing structure and personnel and travel policies supporting the FAA’s international engagement activities, including the activities of the Aviation Certification Office, to better support the growth of United States aerospace exports; and
(5)
identifies cost-effective policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely acceptance of United States aerospace products abroad.
(c)
International travel— The Administrator of the FAA, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or entity, if the Administrator determines that the travel is necessary—
(1)
to promote United States aerospace safety standards; or
(2)
to support expedited acceptance of FAA design and production approvals.

Sec. 254 Registration, certification, and related fees

Section 45305 of title 49, United States Code, is amended—
(1)
in subsection (a) by striking “Subject to subsection (b)” and inserting “Subject to subsection (c)”;
(2)
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(3)
by inserting after subsection (a) the following:

“(b) Certification services—Subject to subsection (c), and notwithstanding section 45301(a), the Administrator may establish and collect a fee from a foreign government or entity for services related to certification, regardless of where the services are provided, if the fee—

“(1) is established and collected in a manner consistent with aviation safety agreements; and

“(2) does not exceed the estimated costs of the services.”