[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 878 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 878
To direct the Administrator of the Federal Aviation Administration to
appoint an Associate Administrator for Aviation Safety Technology, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2023
Mr. Nehls introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Administrator of the Federal Aviation Administration to
appoint an Associate Administrator for Aviation Safety Technology, 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. UNITED STATES LEADERSHIP IN AVIATION SAFETY TECHNOLOGY.
(a) Associate Administrator for Aviation Safety Technology.--
Section 106 of title 49, United States Code, is amended by adding at
the end the following:
``(u) Associate Administrator for Aviation Safety Technology.--
``(1) In general.--
``(A) Appointment.--The Administrator shall appoint
an Associate Administrator for Aviation Safety
Technology, who shall report directly to the
Administrator.
``(B) Minimum qualifications.--The Associate
Administrator for Aviation Safety Technology shall
have--
``(i) at least 10 years of experience in
aerospace engineering management or safety-
critical aviation software or systems
development, with a focus on the certification
and operational approval of such systems; or
``(ii) at least 10 years of management-
level experience and knowledge of the aviation
industry.
``(C) Limitation.--The Associate Administrator for
Aviation Safety Technology shall not be a political
appointee.
``(D) Removal.--The Associate Administrator for
Aviation Safety Technology shall serve at the pleasure
of the Administrator.
``(2) Responsibilities.--The Associate Administrator for
Aviation Safety Technology shall have the following
responsibilities:
``(A) Ensuring that Federal Aviation Administration
organizations involved in the review and certification
of aviation safety technologies, and the operation
thereof, are engaging in workforce planning efforts to
recruit and hire the required number of engineers,
inspectors, and subject matter experts to process
applications in a timely manner and oversee operations
utilizing aviation safety technologies.
``(B) Collaborating with the Associate
Administrator for Aviation Safety to coordinate the
evaluation, certification, and operation of aviation
safety technologies in the national airspace system.
``(C) Coordinating with the Chief Operating Officer
of the Air Traffic Control System on the integration of
aviation safety technologies into the national airspace
system.
``(D) Identifying the core competencies that the
Federal Aviation Administration engineer and inspector
workforce need to oversee the safety, certification and
operational approval of safety technologies.
``(E) Developing specific recommendations to the
Office of the Secretary and the Administrator regarding
gaps in the existing engineer and inspector workforce
involved in the certification and operational approval
of safety technology and the budgetary resources needed
to fill the identified gaps.
``(F) Establishing a detailed process for Federal
Aviation Administration coordination of major
certification milestones related to safety technologies
that defines a lead organization for review, identifies
other organizations to be involved in review, and
details how various Federal Aviation Administration
organizations or lines of business shall engage in the
review process.
``(G) Developing a process that, within 30 days of
the submission of documents related to a major
certification milestone for an aviation safety
technology, notifies the applicant of the lead
reviewing Federal Aviation Administration organization
and all other organizations or offices that will
review, and a date-specific timeline for completion of
review activities.
``(H) Not later than 12 months after enactment of
this subsection, implementation of a secure password-
protected online portal for applicants with new or
pending aviation safety technology projects to review
the status of their specific application, deadlines,
and the Federal Aviation Administration organizations
or offices scheduled to review the application.
``(I) Not later than 12 months after the enactment
of this subsection, provide a report on the
implementation of section 377 of the FAA
Reauthorization Act of 2018 (Public Law 115-254) on the
development of a transparent process through which the
FAA can approve non-governmental entities to
independently provide safety-critical services to
aircraft operators and airport operators.
``(J) Development of a process for applicants to
escalate to the appropriate management personnel of the
Federal Aviation Administration any major certification
or operational approval process milestone under this
section that is not completed or resolved within the
specific time period described in this subsection.
``(K) Resolving certification milestones as
described in this section within a time agreed to by
the Associate Administrator for Aviation Safety
Technology and the applicant.
``(L) Identifying and directing the necessary
Federal Aviation Administration personnel and budgetary
resources necessary to complete major certification
milestones related to aviation safety technologies
within the timelines defined in this section.
``(M) Not later than 12 months after the enactment
of this subsection, the Associate Administrator for
Aviation Safety Technology shall establish an
interagency working group to promote collaboration and
engagement between the Department of Transportation,
Department of Defense, Federal Communications
Commission, National Aeronautics and Space
Administration, and other relevant agencies to propose
new regulations enabling digital flight which will
allow safe operation of uncrewed aircraft systems and
crewed aircraft through technologies such as advanced
airspace and safety-enhancing aircraft automation,
enhanced surveillance, and secure, digital pilot/air
traffic control communications.
``(3) Compensation.--
``(A) Annual rate of basic pay.--The Associate
Administrator for Aviation Safety Technology shall be
paid at an annual rate of basic pay to be determined by
the Administrator.
``(B) Limitation.--The annual rate may not exceed
the annual compensation paid under section 102 of title
3.
``(C) Post-employment provisions.--The Associate
Administrator for Aviation Safety Technology shall be
the subject to the post-employment provisions of
section 207 of title 18, as if the position of the
Associate Administrator for Aviation Safety Technology
were described in section 207(c)(2)(A)(i) of such
title.
``(D) Bonus.--In addition to the annual rate of
basic pay authorized under paragraph (1), the Associate
Administrator for Aviation Safety Technology may
receive a bonus for any calendar year not to exceed 30
percent of the annual rate of basic pay, based upon the
Administrator's evaluation of the performance of the
Associate Administrator for Aviation Safety Technology
in relation to the responsibilities established under
paragraph (2).
``(4) Definitions.--In this section:
``(A) Major certification process milestone.--The
term `major certification process milestone' has the
meaning given the term in section 44704.
``(B) Aviation safety technology.--The term
`Aviation Safety Technology' means airborne or ground-
based equipment that are meant to reduce the occurrence
of aviation accidents such as Loss Of Control In-Flight
(LOC-I), Controlled Flight Into Terrain (CFIT), Single
Component Failure (SCF), mid-air collisions, and/or
fuel mismanagement. Specific technologies shall include
but not be limited to: navigation technology, auto-land
technology, auto take-off technology, auto-taxi
technology, detect-and-avoid technology, aircraft
communications technology and remote piloting
technology.''.
(b) Regulations.--The Assistant Administrator for Aviation Safety
Technology may issue such regulations as are necessary to expand the
definition of ``Aviation Safety Technology'' for purposes of section
106(u)(3) of title 49, United States Code.
(c) Aviation Rulemaking Committee.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Assistant Administrator for Aviation
Safety Technology shall establish an aviation rulemaking
committee to make recommendations for the development of a
detailed roadmap for the certification and operational approval
of aviation safety technologies by the Federal Aviation
Administration, with a focus on technologies, software, and
automation that will enhance operational safety and require
approval from multiple organizations with the agency.
(2) Duties.--The Assistant Administrator shall--
(A) not later than 1 year after the date of
enactment of this Act, submit to the appropriate
committees of Congress a report based on the findings
of aviation rulemaking committee established under
paragraph (1); and
(B) not later than 1 year after the date of
submission of the report under subparagraph (A) issue a
notice of proposed rulemaking based on any consensus
recommendations reached by the aviation rulemaking
committee established under paragraph (1).
(3) Non-applicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to an aviation
rulemaking committee established under this subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section and section 106(u) of title 49,
United States Code, $10,000,000 for each fiscal year.
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