[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 878 Introduced in House (IH)]

<DOC>






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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