Sec. 130. FAA Ombudsman
654 words·~3 min read·
/bill/118/hr/3935/pcs/section-130·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 106 of title 49, United States Code, is further amended by striking subsection
(i)and inserting the following: There is established within the Federal Aviation Administration an Ombudsman who shall coordinate or facilitate the adjudication of covered submissions. The Ombudsman shall be appointed by the Administrator and report to the Assistant Administrator for Government and Industry Affairs. The Ombudsman shall be appointed for a term of 5 years. The duties of the Ombudsman shall be as follows: Work with the relevant offices within the Administration to— with respect to a covered submission, resolve, provide a status update, or provide clarity on the status of such submissions; bring to the attention of the relevant office of the Administration concerns, as necessary, regarding Administration processes or considerations discovered while coordinating an activity related to a covered submission under this subsection; and address any gaps and communication lapses in Administration coordination processes. Determine if, based on a coordinated activity carried out under this subsection, reconsideration with respect to covered submissions or administrative actions are necessary and report to the Administrator or the relevant office within the Administration with recommendations relating to such reconsideration. Determine if trends materialize that could warrant process, procedural, or resource changes and report recommendations regarding such changes to the Administrator and relevant offices within the Administration. Ensure that reporting, processing, or dispute resolution mechanisms within the Administration are transparent and accessible to the public, and facilitate the use of such reporting, processing, or dispute resolution mechanisms, when appropriate. Perform other duties as prescribed by the Assistant Administrator. The Ombudsman shall determine whether to coordinate a review of a covered submission in order to provide a response, coordinate the reconsideration of an administrative action, or take no additional action. In making a determination under this subparagraph, the Ombudsman shall consider— whether there are reporting, processing, or dispute resolution mechanisms that have not been exhausted or that may be more appropriate for dealing with, investigating, and responding to such covered submission; whether the subject or outcome of a covered submission is alleged to be— contrary to law or regulation; arbitrary and capricious; or performed in an unreasonably inefficient or untimely manner; and such other factors as the Ombudsman considers appropriate. With regard to a covered submission concerning an activity relating to an alleged violation of an order, a regulation, or any other provision of Federal law by the Administration or whistleblower retaliation, the Ombudsman shall refer such covered submission to the appropriate Federal entity to adjudicate or investigate the subject of such submission. The Administrator shall ensure that the officers and employees of the Administration fully cooperate with the activities of the Ombudsman and provide such information, documents, or materials as may be requested by the Ombudsman. The Ombudsman shall ensure that the Administration provides an initial response to or status update on covered submissions within 10 business days of the Ombudsman receiving such submission. In this subsection: The term administrative action means— an action taken by the Administrator of the Federal Aviation Administration to issue, deny, modify, or revoke a certificate, registration, approval, waiver, license, exemption, determination, interpretation, or any other authorizing action; or the lack of any action (or activity related to an action) described in clause
(i)necessary to be taken by the Administrator. The term covered submission means an inquiry or objection relating to— an aircraft, aircraft engine, propeller, or appliance certification; an airman or pilot certificate, including scheduling an associated appointment with Administration personnel or designees; a medical certificate; an operator certificate; when authority under chapter 509 of title 51 is explicitly delegated by the Secretary of Transportation to the Administrator, a license or permit issued under chapter 509 of title 51; an aircraft registration; an operational approval, waiver, or exemption; a legal interpretation; an outstanding determination; an application of agency guidance; and any certificate not otherwise described in this subparagraph that is issued pursuant to chapter 447. .