Sec. 358. GLOBAL AVIATION SAFETY
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## SEC. 358 GLOBAL AVIATION SAFETY ###
(a)In General Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is amended— ####
(1)in the subsection heading by inserting “and Assistance” after “International Role”; ####
(2)in paragraph
(1)by striking “The Administrator” and inserting “In carrying out subsection (a), the Administrator”; ####
(3)by redesignating paragraph
(2)as paragraph (4); and ####
(4)by inserting after paragraph
(1)the following: > > #### “(2) International presence > > The Administrator shall maintain an international presence to— > > > ##### “(A) > > assist foreign civil aviation authorities in— > > > ###### “(i) > > establishing robust aviation oversight practices and policies; > > > ###### “(ii) > > harmonizing international aviation standards for air traffic management, operator certification, aircraft certification, airports, and certificated or credentialed individuals; > > > ###### “(iii) > > validating and accepting foreign aircraft design and production approvals; > > > ###### “(iv) > > preparing for new aviation technologies, including powered-lift aircraft, products, and articles; and > > > ###### “(v) > > appropriately adopting continuing airworthiness information, such as airworthiness directives; > > > ##### “(B) > > encourage the adoption of United States standards, regulations, and policies; > > > ##### “(C) > > establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements; > > > ##### “(D) > > engage in bilateral and multilateral discussions as required under paragraph
(5)and provide technical assistance as described in paragraph (6); > > > ##### “(E) > > validate foreign aviation products and ensure reciprocal validation of products for which the United States is the state of design or production; > > > ##### “(F) > > support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization; > > > ##### “(G) > > support the international safety activities of the United States aviation sector; > > > ##### “(H) > > maintain valuable relationships with entities with aviation equities, including civil aviation authorities, other governmental bodies, non-governmental organizations, and foreign manufacturers; and > > > ##### “(I) > > perform other activities as determined necessary by the Administrator.” > . ###
(b)Review of International Field Offices Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by inserting after paragraph
(2)the following: > > #### “(3) International offices > > In carrying out the responsibilities described in subsection (a), the Administrator— > > > ##### “(A) > > shall maintain international offices of the Administration; > > > ##### “(B) > > every 5 years, may review existing international offices to determine— > > > ###### “(i) > > the effectiveness of such offices in fulfilling the mission described in paragraph (2); and > > > ###### “(ii) > > the adequacy of resources and staffing to achieve the mission described in paragraph (2); and > > > ##### “(C) > > shall establish offices to address gaps identified by the review under subparagraph
(B)and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices— > > > ###### “(i) > > where international civil aviation authorities are located; > > > ###### “(ii) > > where regional intergovernmental organizations are located; > > > ###### “(iii) > > in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and > > > ###### “(iv) > > in regions that have experienced substantial growth in aviation operations or manufacturing.” > . ###
(c)Bilateral Aviation Safety Agreements; Technical Assistance ####
(1)Establishment Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by adding at the end the following: > > #### “(5) Bilateral aviation safety agreements > > > ##### “(A) In general > > The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities. > > > ##### “(B) Purpose > > The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum— > > > ###### “(i) > > improve global aviation safety; > > > ###### “(ii) > > increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aviation interests of the United States; > > > ###### “(iii) > > ensure access to international markets for operators, service providers, and manufacturers from the United States; and > > > ###### “(iv) > > put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements. > > > ##### “(C) Scope > > The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aviation users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis. > > > ##### “(D) Contents > > Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as— > > > ###### “(i) > > airworthiness, certification, and validation; > > > ###### “(ii) > > maintenance; > > > ###### “(iii) > > operations and pilot training; > > > ###### “(iv) > > airspace access, efficiencies, and navigation services; > > > ###### “(v) > > transport category aircraft; > > > ###### “(vi) > > fixed-wing aircraft, rotorcraft, powered-lift aircraft, products, and articles; > > > ###### “(vii) > > aerodrome certification; > > > ###### “(viii) > > unmanned aircraft and associated elements of such aircraft; > > > ###### “(ix) > > flight simulation training devices; > > > ###### “(x) > > new or emerging technologies and technology trends; and > > > ###### “(xi) > > other topics as determined appropriate by the Administrator. > > > ##### “(E) Rule of construction > > Bilateral or multilateral aviation safety agreements entered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provision of law.” > . ####
(2)Technical assistance updates Section 40113(e) of title 49, United States Code, is amended by adding at the end the following: > > #### “(6) Technical assistance outside of agreements > > In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that— > > > ##### “(A) > > a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and > > > ##### “(B) > > the engagement is to provide inherently governmental technical assistance and training. > > > #### “(7) Inherently governmental technical assistance and training defined > > In this subsection, the term ‘inherently governmental technical assistance and training’ means technical assistance and training that— > > > ##### “(A) > > relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters; > > > ##### “(B) > > must be accomplished using agency expertise and authority; and > > > ##### “(C) > > relates to— > > > ###### “(i) > > international aviation safety assessment technical reviews and technical assistance; > > > ###### “(ii) > > aerodrome safety and certification; > > > ###### “(iii) > > aviation system certification activities based on Federal Aviation Administration regulations and requirements; > > > ###### “(iv) > > cybersecurity efforts to protect United States aviation ecosystem components and facilities; > > > ###### “(v) > > operation and maintenance of air navigation system equipment, procedures, and personnel; or > > > ###### “(vi) > > training and exercises in support of aviation safety, efficiency, and security.” > . ####
(3)Validation of powered-lift aircraft **[**[49 U.S.C. 40104 note](/us/usc/t49/s40104)**]** In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator shall ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles. ####
(4)Report on international validation program performance #####
(A)In general Not later than 2 years after the date of enactment of this Act, the Secretary shall initiate a review to evaluate the performance of the type certificate validation program of the FAA under bilateral or multilateral aviation safety agreements, with a focus on agreed to implementation procedures. #####
(B)Contents In conducting the review under subparagraph (A), the Secretary shall consider, at minimum, the following: ######
(i)Actions taken for the purposes of carrying out section 243(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note). ######
(ii)Metrics from validation programs carried out prior to the initiation of such review, including the number and types of projects, timeline milestones, and trends relating to the repeated use of non-basic criteria. ######
(iii)Training on the minimum standards of established validation work plans, including any guidance on the level of involvement of the validating authority, established justifications for involvement, and procedures for compliance document requests. ######
(iv)The perspectives of— ######
(I)FAA employees responsible for type validation projects; ######
(II)bilateral civil aviation regulatory partners; and ######
(III)industry applicants seeking validation. ######
(v)Adequacy of the funding and staffing levels of the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA. ######
(vi)Effectiveness of FAA training for FAA employees. ######
(vii)Effectiveness of outreach conducted to improve and enforce validation processes. ######
(viii)Efforts undertaken to strengthen relationships with international certification authorities. ######
(ix)Number of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures. #####
(C)Report Not later than 60 days after the completion of the review initiated under this subsection, the Administrator shall submit to the appropriate committees of Congress a report regarding such review. #####
(D)Definitions In this paragraph, the terms “ODA holder” and “ODA unit” have the meanings given such terms in section 44736(c) of title 49, United States Code. ###
(d)International Engagement Strategy Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by adding at the end the following: > > #### “(7) Strategic plan > > The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes— > > > ##### “(A) > > all elements of the report required under section 243(b) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note); > > > ##### “(B) > > measures to fulfill the mission described in paragraph (2); > > > ##### “(C) > > initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws; > > > ##### “(D) > > policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization; > > > ##### “(E) > > procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5); > > > ##### “(F) > > all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activities related to aviation safety and air transportation; > > > ##### “(G) > > establishment of, and a process to regularly track and update, metrics to measure the effectiveness of, and foreign civil aviation authority compliance with, bilateral aviation safety agreements; and > > > ##### “(H) > > a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally.” > . ###
(e)Powered-lift Aircraft **[**[49 U.S.C. 40104 note](/us/usc/t49/s40104)**]** In developing the methodology required under section 40104(d)(7)(H) of title 49, United States Code (as added by subsection (d)), the Administrator shall— ####
(1)perform an assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements to determine how current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures; ####
(2)facilitate global acceptance of the approach of the FAA to certification of powered-lift aircraft, products, and articles; and ####
(3)consider any other information determined appropriated by the Administrator.
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