[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 220 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 220
To establish the Office of Advanced Aviation within the Administration
of the Federal Aviation Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Van Drew introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Science, Space, and Technology, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish the Office of Advanced Aviation within the Administration
of the Federal Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Aviation Act''.
SEC. 2. OFFICE OF ADVANCED AVIATION; ASSOCIATE ADMINISTRATOR FOR
ADVANCED AVIATION.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall redesignate the Office of
NextGen as the Office of Advanced Aviation.
(b) Appointment.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall appoint an Associate Administrator for
Advanced Aviation to head the Office of Advanced Aviation designated
under subsection (a).
(c) Responsibilities.--The responsibilities of the Associate
Administrator for Advanced Aviation shall include the following:
(1) Coordinate rulemaking and approval processes on matters
relating to the standardization and certification of advanced
aviation systems for use in the national airspace system.
(2) Coordinate rulemaking and approval processes on matters
relating to the safe operation and integration of advanced
aviation systems in the national airspace system.
(3) Coordinate activities and establish policies related to
the integration of aeronautical radio frequency spectrum
designated by the National Telecommunications and Information
Administration of the Department of Commerce for use in the
national airspace system.
(4) Coordinate workforce planning across relevant offices
of the Administration to--
(A) hire and recruit personnel to--
(i) research, develop, test, and evaluate
advanced aviation systems; and
(ii) process applications related to
advanced aviation systems in a timely manner;
(B) develop and submit a quarterly report to the
Secretary and the Administrator, including--
(i) core workforce requirements related to
the research, development, testing and
evaluation of advanced aviation systems by the
Administration;
(ii) core workforce requirements related to
the safety, certification, and operational
approval of advanced aviation systems by the
Administration; and
(iii) recommendations on staffing and
budgetary resources needed to address areas of
concern.
(5) Coordinate rulemaking related to the international
standardization and environmental effects of advanced aviation
systems.
(6) Advise the Administrator during internal and
interagency coordination and rulemaking on counter-UAS systems
and other matters related to advanced aviation systems.
(7) Advise the Chief Technology Officer of the
Administration on the development of enterprise architecture.
(8) Validate supporting system requirements proposed by the
Chief Technology Officer.
(9) Consult with the Director of the William J. Hughes
Technical Center for Advanced Aviation, as redesignated under
section 5, to--
(A) evaluate technologies related to advanced
aviation systems;
(B) inform processes and rulemaking related to
advanced aviation systems;
(C) identify new technologies that qualify as
viable advanced aviation systems; and
(D) coordinate referral of all technologies to the
relevant office of the Administration.
(10) Lead aviation rulemaking committees relevant to
advanced aviation systems.
(11) Consult with and assign tasks to the Advanced Aviation
Advisory Committee.
(12) Develop and implement a secure password-protected
online portal that allows stakeholders with a new or pending
certification or approval application to review the status of
such application, receive notice of deadlines and major
certification milestones, and identify the Administration
office reviewing such application.
(13) Implement pilot programs in partnership with advanced
aviation stakeholders to provide data to support rulemaking and
approval processes.
(14) Serve as a representative of the Administration during
interagency coordination of policies related to advanced
aviation systems.
(15) Promote the safe and responsible integration of
advanced aviation systems into the national airspace system.
(d) Notice of Objection.--
(1) In general.--In carrying out the responsibilities
described in subsection (c), the Associate Administrator for
Advanced Aviation may submit to the Administrator a notice of
objection with respect to--
(A) a final rule of the Administration related to
advanced aviation systems;
(B) a determination by the Chief Technology Officer
related to the establishment of enterprise architecture
or supporting system requirements;
(C) an airworthiness or type certification
determination that relates to an advanced aviation
system issued in accordance with section 44701 or 44704
of title 49, United States Code, or a modification or
reversal of such determination; and
(D) an waiver determination that relates to the
operation of an advanced aviation system in the
national airspace system issued in accordance with
section 44701 or 44807 of title 49, United States Code,
or a modification or reversal of such determination.
(2) Contents of notice.--In each notice of objection
submitted under this subsection, the Associate Administrator
shall include an explanation for the basis of each such
objection.
(3) Determination by administrator.--Not later than 30 days
after receiving a notice of objection under this subsection,
the Administrator shall--
(A) determine whether to agree with or overrule
such objection; and
(B) if the Administrator determines that such
objection should be overruled, submit to the Secretary
a report explaining the reasons for overruling such
objection.
(4) Determination by secretary.--Not later than 30 days
after receiving a report submitted under paragraph (3)(B), the
Secretary may determine whether to allow the rule,
determination, modification, or reversal to which the report
relates to proceed. If the Secretary fails to make a
determination under this paragraph, the determination made by
the Administrator under paragraph (3) shall proceed.
(5) Implementation of rule.--Any rule or determination that
is the subject of a notice of objection submitted under this
subsection shall not take effect during the period beginning on
the date on which such notice is submitted and ending on the
last day of the 30-day period described in paragraph (4).
(6) Submission to congress.--The Secretary shall--
(A) submit to Congress each notice of objection
submitted under paragraph (1);
(B) notify Congress of each determination of the
Administrator under paragraph (3), and submit to
Congress the report required under subparagraph (B) of
such paragraph, if applicable; and
(C) notify Congress of any determination made by
the Secretary pursuant to paragraph (4).
SEC. 3. OFFICE OF ADVANCED INTEGRATION.
(a) Establishment.--The Associate Administrator for Advanced
Aviation shall establish an Office of Advanced Integration within the
Office of Advanced Aviation.
(b) Designation.--Not later than 1 year after the date of enactment
of this Act, the Associate Administrator, in consultation with the
Administrator and Secretary, shall appoint a Director of Advanced
Integration to head the Office of Advanced Integration.
(c) Responsibilities.--The Associate Administrator shall delegate
to the Director of Advanced Integration the responsibilities described
in paragraphs (1) through (5) of section 2(c).
(d) Collaboration.--The Director of Advanced Integration shall
collaborate with--
(1) the Executive Director of the Aircraft Certification
Service of the Administration and the Executive Director of the
Flight Standards Service of the Administration to carry out the
responsibilities described in section 2(c)(1);
(2) the Director for Air Traffic Services Operations
Planning and Integration of the Administration to carry out the
responsibilities described in section 2(c)(2);
(3) the Vice President of Technical Operations of the Air
Traffic Organization to carry out the responsibilities
described in section 2(c)(3);
(4) the Assistant Administrator for Finance and Management
of the Administration to carry out the responsibilities
described in section 2(c)(4); and
(5) the Director of the Office of International Affairs of
the Administration and the Director of the Office of
Environment and Energy of the Administration to carry out the
responsibilities described in section 2(c)(5).
SEC. 4. ADVANCED AVIATION COORDINATION UNIT.
(a) Establishment.--The Secretary shall establish a coordination
unit within the Administration to carry out the responsibilities
described in subsection (d), to be known as the Advanced Aviation
Coordination Unit.
(b) Membership.--The Advanced Aviation Coordination Unit shall
consist of the head of each relevant office of the Administration, or
an employee representing such office, including--
(1) the Office of Advanced Integration established under
section 3;
(2) the William J. Hughes Technical Center for Advanced
Aviation, as redesignated under section 5;
(3) the Office of Aviation Safety;
(4) the Aircraft Certification Service;
(5) the Flight Standards Service;
(6) Air Traffic Organization;
(7) the Program Management Organization;
(8) Technical Operations Services for the Air Traffic
Organization;
(9) the Office of Airports;
(10) the Office of the Chief Counsel;
(11) the Office of Commercial Space Transportation;
(12) the Office of Environment and Energy;
(13) the office headed by the Chief Technology Officer; and
(14) the Office of Finance and Management.
(c) Chair.--
(1) In general.--The Director of Advanced Integration shall
serve as the Chair of the Advanced Aviation Coordination Unit,
at the discretion of the Associate Administrator for Advanced
Aviation.
(2) Authority.--The Chair may--
(A) schedule meetings of the members of the
Advanced Aviation Coordination Unit;
(B) identify items for the members of the Advanced
Aviation Coordination Unit to act on in fulfillment of
the responsibilities described in subsection (d); and
(C) submit to the Administrator, the Secretary, and
Congress a notice of noncompliance indicating that a
member of the Advanced Aviation Coordination Unit
failed to participate in the Coordination Unit to the
extent necessary to fulfill such responsibilities.
(3) Consultation.--The Chair shall consult with the
Director of the William J. Hughes Technical Center for Advanced
Aviation to identify new aviation-related technologies through
the aviation innovation program established under section 5(c).
(d) Responsibilities.--The members of the Advanced Aviation
Coordination Unit shall collaborate to--
(1) promote the safe and responsible integration of
advanced aviation systems into the national airspace system;
(2) establish or improve processes related to such
integration;
(3) establish or improve processes related to the
certification of advanced aviation systems;
(4) develop clear and consistent standards related to
advanced aviation systems;
(5) ensure that determinations of the Administration
related to advanced aviation systems are made in a timely
manner;
(6) proactively identify, discuss, and act on challenges
related to the application and impact of radio frequency
spectrum use in the national airspace system; and
(7) identify innovative aviation technologies that may be
integrated into the national airspace system.
(e) Interagency Coordination.--The Secretary may facilitate
coordination between interagency partners and the members of the
Advanced Aviation Coordination Unit to fulfill the responsibilities
described in subsection (d).
SEC. 5. WILLIAM J. HUGHES TECHNICAL CENTER FOR ADVANCED AVIATION.
(a) Establishment.--
(1) In general.--Not later than 1 year after date of
enactment of this Act, the Secretary shall redesignate the
William J. Hughes Technical Center as the William J. Hughes
Technical Center for Advanced Aviation.
(2) Director.--The Director of the William J. Hughes
Technical Center shall be known as Director of the William J.
Hughes Technical Center for Advanced Aviation.
(b) Responsibilities.--The Director of the William J. Hughes
Technical Center for Advanced Aviation shall be responsible for--
(1) assuming all roles and responsibilities previously held
by the Director of William J. Hughes Technical Center,
including--
(A) managing the research and development portfolio
of the Administration and the Research and Development
Advisory Committee;
(B) preparing congressional reports relevant to
such research, including the National Aviation Research
Plan and Annual Review;
(C) developing formal research partnerships with
industry, academia, and other government agencies, and
promoting the dissemination of federally funded
research;
(D) managing research grants and Centers of
Excellence;
(E) conducting aviation research, development,
testing, evaluation activities, and sustainment
activities, including field support, for new and
existing national airspace system applications and
technologies related to--
(i) aerospace performance and planning,
including reducing aviation hazards and
aircraft safety assurance;
(ii) airports;
(iii) digital systems and technologies,
including spectrum management and evolving
aerospace operations;
(iv) safety and health;
(v) aircraft, weather, or human factors;
(vi) pre-implementation air traffic
management, including NextGen;
(vii) testing during the development of air
traffic control systems to verify performance;
and
(viii) flight testing;
(F) maintaining and upholding test methods,
standards, and policies of the Administration and
providing independent test and evaluation to confirm
products are operationally suitable and effective for
use in the national airspace system;
(G) developing performance-based standards with
industry and domestic or international partners for
advanced aviation systems and other global aviation
harmonization activities; and
(H) facilitating interagency engagement through the
research team process;
(2) assisting the Associate Administrator for Advanced
Aviation in fulfilling the responsibilities described in
paragraphs (7) and (8) of section 2(c);
(3) managing the campus of the William J. Hughes Technical
Center for Advanced Aviation, including--
(A) conducting operations and maintenance,
engineering design and construction, and operational
support services for campus facilities owned by the
Administration and Administration personnel residing on
properties that are owned by the Administration and
located on the campus;
(B) operating, maintaining, and enhancing the
support infrastructure of the campus, including
buildings, roads, utilities, and land;
(C) ensuring compliance with environmental laws,
policies, directives, and initiatives;
(D) managing lease agreements and land permits that
support the missions of all Federal, State, and local
agencies on the campus;
(E) managing, modernizing, and enhancing the
activities of the national airspace system laboratories
and supporting the physical and virtual laboratories
through configuration management, test bed maintenance
and enhancement, laboratory scheduling, computer
operations, documentation library services, and systems
engineering; and
(F) providing technical and engineering services
for customers of such laboratories in support of
research and development system installations and
proof-of-concept testing;
(4) overseeing all research, development, testing,
evaluation, and sustainment activities related to advanced
aviation systems; and
(5) hosting domestic and international symposia,
conferences, or technical interchange meetings with industry,
academia, and other government agencies.
(c) Aviation Innovation Program.--
(1) Establishment.--The Director of the William J. Hughes
Technical Center for Advanced Aviation shall establish and
manage a program to evaluate new aviation-related technologies
proposed to be used in the national airspace system and
facilitate the integration of such technologies into the
national airspace system.
(2) Components.--
(A) In general.--In carrying out the program
established under paragraph (1), the Director shall--
(i) encourage aviation industry
stakeholders, innovators, and entrepreneurs to
present to the Director aviation-related
technologies for proposed use in the national
airspace system;
(ii) examine the effects of each such
technology proposed under the program on the
national airspace system and the potential
benefits and risks of such technology,
including the potential safety, social,
economic, and workforce effects, and methods to
safely integrate such technology into the
national airspace system; and
(iii) determine whether such technology
could feasibly be integrated into the national
airspace system.
(B) Recommendations.--After examining a technology
and making the determination required under
subparagraph (A), the Director shall submit to the
Associate Administrator for Advanced Aviation
recommendations on--
(i) whether such technology could feasibly
and safely be integrated into the national
airspace system;
(ii) which office or offices should be
responsible for designing and implementing
policies, processes, and procedures related to
such technology; and
(iii) whether such technology may be
considered an advanced aviation system.
(C) Referral.--Upon receipt of a recommendation
related to an aviation-related technology under
subparagraph (B), the Associate Administrator for
Advanced Aviation shall--
(i) submit a summary of such recommendation
to the Administrator and the Secretary;
(ii) refer such technology to the relevant
office of the Administration; and
(iii) in the case of a recommendation by
the Director that a technology be considered an
advanced aviation system, refer such technology
to the Advanced Aviation Coordination Unit
established under section 4.
(3) Collaboration.--In examining each technology proposed
under the program established under this subsection, the
Director shall collaborate with subject matter experts from
relevant offices of the Administration in an expeditious and
thorough manner to provide an effective pathway for the
development, demonstration, and adoption of such technology.
(4) Partnerships.--The Director may enter into partnerships
with stakeholders to participate in the program established
under this subsection.
(d) Authority.--The Director may establish cooperative research and
development agreements and make grants to carry out this section.
(e) Preservation.--The redesignation of the William J. Hughes
Technical Center under this section shall not affect any agreement
between the William J. Hughes Technical Center and another entity that
was in effect on the day before such redesignation occurs.
(f) Conforming Amendment.--Section 44507 of title 49, United States
Code, is amended--
(1) by striking ``(a) Civil Aeromedical Institute'' and all
that follows through ``The Civil Aeromedical Institute
established'' and inserting ``The Civil Aeromedical Institute
established''; and
(2) by striking subsection (b).
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(3) Advanced aviation system.--The term ``advanced aviation
system'' means--
(A) an unmanned aircraft system;
(B) a counter-UAS system;
(C) a powered lift aircraft;
(D) a technology related to--
(i) advanced air mobility;
(ii) the ability of an aircraft to detect
surroundings and avoid impacts;
(iii) autonomous functioning of aircraft;
(iv) supersonic aircraft capabilities;
(v) electric or hydrogen based aircraft
propulsion; or
(vi) evolving aerospace operations
including new aircraft, airport, weather, or
digital systems;
(E) a technology that--
(i) relates to the telecommunication
capabilities of aircraft; or
(ii) functions in the 5G band, 6G band, or
other high-frequency spectrum bands as
designated by the National Telecommunications
and Information Administration for use as
aeronautical radio frequency spectrum; or
(F) any other aviation-related technology that the
Associate Administrator for Advanced Aviation
determines qualifies as an advanced aviation system
that could feasibly be integrated into the national
airspace system.
(4) Counter-uas system; unmanned aircraft system.--The
terms ``counter-UAS system'' and ``unmanned aircraft system''
have the meanings given such terms in section 44801 of title
49, United States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
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