Sec. 205. REGULATORY MATERIALS IMPROVEMENT
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## SEC. 205 REGULATORY MATERIALS IMPROVEMENT ###
(a)Internal Regulatory Process Review ####
(1)In general #####
(A)Review team The Administrator shall establish a regulatory process review team (in this section referred to as the “review team”) comprising of FAA employees and individuals described in paragraph
(2)to develop recommendations to improve the timeliness, performance, and accountability of the development and promulgation of regulatory materials. #####
(B)Report The review team shall submit to the Administrator a report with recommendations in accordance with the deadlines specified in paragraph (5). ####
(2)Other members; consultation #####
(A)In general The review team shall include at least 3 outside experts and or academics with relevant experience or expertise in aviation safety and at least 1 outside expert with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as such process relates to aviation safety. #####
(B)Consultation The review team may, as appropriate, consult with industry stakeholders. ####
(3)Contents of review In conducting the review required under paragraph (1), the review team shall do the following: #####
(A)Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rulemaking committees and stakeholders have collaborated on the proposed regulations. #####
(B)With respect to each office within the FAA that reviews regulatory materials, assess— ######
(i)the timeline assigned to each such office to complete the review of regulatory materials; ######
(ii)the actual time spent for such review; ######
(iii)opportunities to reduce the actual time for such review; and ######
(iv)whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials. #####
(C)Define and document the roles and responsibilities of each office within the FAA that develops, drafts, or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how the employees of each such office function in the rulemaking framework. #####
(D)Describe any organizational changes or the need to hire additional FAA employees, if necessary, and take into consideration whether current positions are staffed, to reduce delays in publication of regulatory materials. #####
(E)In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a progress tracker that updates to show the major stages (as determined by the Administrator) of the development of regulatory materials as such materials are initiated, in progress, and completed. #####
(F)Consider changes to the best practices of the FAA under rules governing ex parte communications, including communications with international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for such regulatory materials related to enhancing aviation safety and the aviation international leadership of the United States. #####
(G)Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes developed by recognized industry standards organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes. #####
(H)Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity. ####
(4)Action plan The Administrator shall develop and transmit to the appropriate committees of Congress an action plan to implement, as appropriate, the recommendations developed by the review team. ####
(5)Deadlines The requirements of this section shall be subject to the following deadlines: #####
(A)Not later than 120 days after the date of enactment of this section, the review team shall complete the evaluation required under paragraph
(1)and submit to the Administrator the report of the review team on such evaluation. #####
(B)Not later than 30 days after the date on which the review team submits the report under subparagraph (A), the Administrator shall develop and publish the action plan under paragraph (4). ####
(6)Sunset The review team shall terminate upon completion of the requirements under paragraph (5). ####
(7)Administrative procedure requirements inapplicable The provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”) shall not apply to any activities of the review team in carrying out the requirements of this section. ####
(8)Regulatory materials defined In this subsection, the term “regulatory materials” means rules, advisory circulars, statements of policy, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products. ###
(b)Review of Non-regulatory Materials ####
(1)In general Not later than 3 years after the date of enactment of this Act, the inspector general of the Department of Transportation shall review the coordination and approval processes of non-regulatory materials produced by the FAA to improve the timeliness, transparency, development, and issuance of such materials. ####
(2)Contents of review In conducting the review under paragraph (1), the inspector general shall— #####
(A)provide recommendations for improving processes and eliminating non-value-added reviews of non-regulatory materials within the FAA and Department of Transportation, in consideration of the authority of the Administrator under section 106 of title 49, United States Code, and other applicable laws; #####
(B)consider, with respect to each office within the FAA and the Department of Transportation that reviews non-regulatory materials— ######
(i)the timeline assigned to each such office to complete the review of such materials; ######
(ii)the actual time spent for such review; and ######
(iii)opportunities to reduce the actual time spent for such review; #####
(C)describe any organizational changes and additional resources that the Administrator needs, if necessary, to reduce delays in the development and publication of proposed non-regulatory materials; #####
(D)consider to what extent reporting mechanisms and templates could be used to provide the public with more consistent information on the development status of non-regulatory materials; #####
(E)consider changes to the application of rules governing ex parte communications by the Administrator to provide flexibility for employees of the FAA to discuss non-regulatory materials with aviation stakeholders and foreign aviation authorities to promote United States aviation leadership; #####
(F)recommend methods by which the Administrator can incorporate standards set by recognized industry standards organizations, as such term is defined in section 224(c), into non-regulatory materials to keep pace with rapid changes in aerospace technology and processes; and #####
(G)evaluate the processes and best practices other civil aviation authorities and other Federal departments and agencies use to produce non-regulatory materials, particularly the processes of entities that produce such materials in an expedited fashion to respond to safety risks, incidents, or new technology adoption. ####
(3)Consultation In conducting the review under paragraph (1), the inspector general may, as appropriate, consult with industry stakeholders, academia, and other individuals with relevant background or expertise in improving the efficiency of Federal non-regulatory material production. ####
(4)Report Not later than 1 year after the inspector general initiates the review under paragraph (1), the inspector general shall submit to the Administrator a report on such review. ####
(5)Action plan #####
(A)In general The Administrator shall develop an action plan to implement, as appropriate, the recommendations contained in the report submitted under paragraph (4). #####
(B)Briefing Not later than 90 days after receiving the report under paragraph (4), the Administrator shall brief the appropriate committees of Congress on such plan. ####
(6)Non-regulatory materials defined In this subsection, the term “non-regulatory materials” means orders, statements of policy, guidance, technical standards, and other materials related to aviation safety, training, and operation of aeronautical products.