[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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