,,ii #aahth ,,congress #ast ,session ,s4 #aejf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjbc,mr4 ,warnock 7for himself and ,mr4 ,moran7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the processes for type certification1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,faa ,advancements ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#c7 ,,faa ,the term ,,faa means the ,federal ,aviation ,administration4 7#d7 ,international ,validation ,branch ,the term ,international ,validation ,branch means the ,international ,validation ,branch of the ,compliance and ,airworthiness ,division of the ,aircraft ,certification ,service of the ,,faa4 7#e7 ,regulatory materials ,the term regulatory materials means rules1 orders1 advisory circulars1 statements of policy1 guidance1 and other materials related to aviation safety regulations1 as well as other materials pertaining to training and operation of aeronautical products4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #c4 ,independent study on a future state on type certification processes 7a7 ,review and study ,not later than #fj days after the date of enactment of this section1 subject to the availability of appropriations1 the ,administrator shall enter into an agreement with an appropriate federally funded research and development center1 or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis1 to conduct a review and study in accordance with the requirements and elements set forth in this section4 7b7 ,elements ,the review and study under subsection 7a7 shall provide analyses1 assessments1 and recommendations that address the following3 7#a7 ,a vision for a future state of type certification that reflects the highly complex1 highly integrated nature of today's aircraft4 7#b7 ,a review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques1 including model-based system engineering1 would improve the type certification process and enhance aviation safety4 7#c7 ,how the ,,faa could develop a risk-based model for type certification and implement procedures where the ,,faa could rely solely on an applicant's showing of compliance in those areas of low-risk1 subject to tests1 means of compliance1 and substantiating data the ,administrator considers necessary in the interest of safety4 7#d7 ,what changes are needed to ensure that corrective actions for continued operational safety issues can be approved and implemented quickly1 particularly with respect to software modifications4 7#e7 ,what efficiencies are needed in the ,,faa's type certification system that will facilitate the assessment and integration of innovating technologies that advance aviation safety4 7#f7 ,best practices and tools used by other certification authorities that could be adopted by the ,,faa and the ,united ,states1 as well as the best practices and tools used by the ,united ,states which can be shared with other certification authorities4 7c7 ,report ,not later than #ae months after the date of enactment of this section1 the organization conducting the review and study shall submit to the ,administrator and the appropriate committees of ,congress a report on the results of the review and study that includes the findings and recommendations of the organization4 7d7 ,congressional briefing ,not later than #bgj days after the report required under subsection 7c7 is submitted to the ,administrator1 the ,administrator shall brief the appropriate committees of ,congress regarding the ,,faa's response to the findings and recommendations of such report1 what actions the ,,faa will take as a result of such findings and recommendations1 and the ,,faa rationale for not taking action on any specific recommendation4 #d4 ,report on validation program performance 7a7 ,in general ,not later than #abj days after the date of enactment of this section1 the ,secretary shall evaluate the performance of the ,,faa's type certificate validation program under bilateral agreements1 with reference to agreed implementation procedures4 7b7 ,contents ,the evaluation under subsection 7a7 shall consider1 at minimum1 the following3 7#a7 ,progress under section #bdc7;a7 of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddgja note7 with respect to improving the ,,faa's leadership abroad4 7#b7 ,performance with reference to metrics such as the number and types of projects1 timeline milestones1 the validating authority level of involvement and certifying authority delegation1 and trends relating to the repeated use of non-basic criteria to review systems or methods of compliance that have been validated previously in similar context4 7#c7 ,training on the minimum standards for validation work plan content1 such as the validating authority level of involvement1 and what constitutes justification for level of involvement and compliance document requests4 7#d7 ,the perspectives of ,,faa employees responsible for type validation projects1 bilateral civil aviation regulator partners1 and industry applicants on the ,,faa's performance in carrying out validation projects4 7#e7 ,the levels of funding and staffing for the ,international ,validation ,branch compared to the ,branch's workload and goals4 7#f7 ,the effectiveness of ,,faa training for employees and outreach conducted to improve and enforce validation processes4 7#g7 ,efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures4 7c7 ,report ,the ,administrator shall issue a report regarding the evaluation required under subsection 7a7 to the appropriate committees of ,congress not later than #a year after enactment of this section4 #e4 ,internal regulatory process review 7a7 ,in general ,the ,secretary shall establish an internal regulatory process review team 7in this section referred to as the review team7 comprising of ,,faa employees and individuals described in subsection 7b7 to develop recommendations to improve the timeliness of1 and performance accountability in1 the development and promulgation of regulatory materials 7as defined in section #b74 ,the review team shall deliver a report with recommendations to the ,secretary in accordance with the deadlines specified in subsection 7e74 7b7 ,other members2 consultation 7#a7 ,in general ,the review team shall include outside experts and academics with relevant experience or expertise in aviation and commercial space transportation safety and in improving the performance1 accountability1 and transparency of the ,federal regulatory process1 particularly as it relates to aviation and commercial space transportation safety4 ,the review team shall include at least #a outside expert or academic with relevant experience or expertise in aviation and commercial space transportation safety and at least #a outside expert or academic with relevant experience or expertise in improving the performance1 accountability1 and transparency of the ,federal regulatory process1 particularly as it relates to aviation and commercial space transportation safety4 7#b7 ,consultation ,the review team may1 as appropriate1 consult with industry stakeholders4 7c7 ,contents of review ,in conducting the review required under subsection 7a71 the review team shall do the following3 7#a7 ,develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the ,,faa1 particularly when ,,faa-sponsored rulemaking committees and stakeholders have collaborated on the proposed regulations to address airworthiness standards deficiencies4 7#b7 ,with respect to each office within the ,,faa that reviews regulatory materials1 assess-- 7,a7 the timeline assigned to each such office to complete the review of regulatory materials2 7,b7 the actual time spent for such review2 7,c7 opportunities to reduce the actual time for such review2 and 7,d7 whether clear roles1 responsibilities1 requirements1 and expectations are clearly defined for each office required to review the regulatory materials4 7#c7 ,define and document the roles and responsibilities of each office within the ,,faa that develops1 drafts or reviews each kind of regulatory material in order to ensure that hiring reflects who1 where1 and how these employees function in the rulemaking framework4 7#d7 ,describe any organizational changes or the need to hire additional ,,faa employees1 if necessary and taking into consideration whether current positions are staffed1 to reduce delays in publication of proposed and final regulatory materials4 7#e7 ,in order to provide the public with detailed information on the progress of the development of regulatory materials1 identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a real-time progress tracker that updates itself to show the major stages 7as determined by the ,secretary7 of the development of regulatory materials as they are initiated1 in progress1 and completed1 from inception of a proposed development of regulatory materials to publication of the final version of such materials4 7#f7 ,consider changes to the ,,faa's best practices under rules governing ex parte communications with other validating authorities1 including international validating authorities1 and with consideration of the public interest in transparency1 to provide flexibility for ,,faa employees to discuss regulatory materials1 particularly for those related to enhancing aviation safety and commercial space transportation safety1 and the ,united ,states aviation and commercial space transportation international leadership4 7#g7 ,recommend methods by which the ,,faa can incorporate research funded by the ,department of ,transportation1 in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials1 to keep pace with rapid changes in aviation and commercial space transportation technologies and processes4 7#h7 ,recommend mechanisms to optimize the roles of the ,office of the ,secretary of ,transportation and the ,office of ,management and ,budget1 with the objective of improving the efficiency of regulatory activity4 7d7 ,action plan ,the ,administrator shall develop an action plan to implement the recommendations developed by the review team4 ,the ,administrator shall publish the action plan on the internet website of the ,,faa and shall transmit the plan to the appropriate committees of ,congress4 7e7 ,deadlines ,the requirements of this section shall be subject to the following deadlines3 7#a7 ,the review team shall complete the evaluation required under subsection 7a7 and submit the review team's report on such evaluation to the ,secretary not later than #abj days after the date of enactment of this section4 7#b7 ,the ,administrator shall develop and publish the action plan under subsection 7d7 not later than #cj days after the date on which the review team submits the report required by subsection 7a7 to the ,administrator4 7f7 ,administrative procedure requirements inapplicable ,the provisions of subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 shall not apply to any activities of the review team in carrying out the requirements of this section4