What This Bill Does
This bill directs the Federal Aviation Administration (FAA) to create a new leadership position called the Associate Administrator for Aviation Safety Technology. This person will manage how the FAA reviews and approves new safety technologies for aircraft. The bill also requires the FAA to streamline its process for certifying these technologies.
Who It Affects
The FAA Administrator and their staff. Companies developing aircraft safety technologies. The Department of Transportation, Department of Defense, Federal Communications Commission, and National Aeronautics and Space Administration (NASA). Aircraft operators and airport operators.
Key Provisions
• The FAA Administrator must appoint an Associate Administrator for Aviation Safety Technology who reports directly to the Administrator. This person must have at least 10 years of experience in aerospace engineering management or safety-critical aviation software development, or at least 10 years of management-level experience in aviation. (Section 1(a)(1)(B))
• The Associate Administrator must ensure the FAA has enough engineers, inspectors and experts to review and approve aviation safety technologies on time. (Section 1(a)(2)(A))
• The Associate Administrator must create an online portal within 12 months so applicants can check the status of their technology applications, see deadlines, and view which FAA offices are reviewing their project. (Section 1(a)(2)(H))
• The Associate Administrator must develop a process that notifies applicants within 30 days of submitting documents which FAA office will lead the review and when the review will finish. (Section 1(a)(2)(G))
• The FAA must establish an aviation rulemaking committee within 180 days to recommend a detailed roadmap for certifying aviation safety technologies. (Section 1(c)(1))
What Changes
If this becomes law, the FAA will have a new high-level official focused specifically on aviation safety technology approval. Companies applying for technology approval will know their review timeline and which FAA offices are handling their application. The FAA must commit resources to hire enough staff to review applications without long delays. Within one year, the FAA must report to Congress on a plan for faster technology approvals.
Important Definitions
Aviation Safety Technology means airborne or ground-based equipment designed to reduce aviation accidents, including Loss Of Control In-Flight, Controlled Flight Into Terrain, Single Component Failure, mid-air collisions, and fuel mismanagement. Specific examples include navigation technology, auto-land technology, auto take-off technology, auto-taxi technology, detect-and-avoid technology, aircraft communications technology and remote piloting technology. (Section 1(a)(4)(B))
Effective Date
Not specified in bill text
I
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 Adminis-
tration to appoint an Associate Administrator for Avia-
tion Safety Technology, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. UNITED STATES LEADERSHIP IN AVIATION
3
SAFETY TECHNOLOGY.
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(a) ASSOCIATE
ADMINISTRATOR
FOR
AVIATION
5
SAFETY TECHNOLOGY.—Section 106 of title 49, United
6
States Code, is amended by adding at the end the fol-
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lowing:
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•HR 878 IH
‘‘(u) ASSOCIATE ADMINISTRATOR
FOR AVIATION
1
SAFETY TECHNOLOGY.—
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‘‘(1) IN GENERAL.—
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‘‘(A) APPOINTMENT.—The Administrator
4
shall appoint an Associate Administrator for
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Aviation Safety Technology, who shall report
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directly to the Administrator.
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‘‘(B) MINIMUM QUALIFICATIONS.—The As-
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sociate Administrator for Aviation Safety Tech-
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nology shall have—
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‘‘(i) at least 10 years of experience in
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aerospace
engineering
management
or
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safety-critical aviation software or systems
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development, with a focus on the certifi-
14
cation and operational approval of such
15
systems; or
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‘‘(ii) at least 10 years of management-
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level experience and knowledge of the avia-
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tion industry.
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‘‘(C) LIMITATION.—The Associate Admin-
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istrator for Aviation Safety Technology shall
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not be a political appointee.
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‘‘(D) REMOVAL.—The Associate Adminis-
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trator for Aviation Safety Technology shall
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serve at the pleasure of the Administrator.
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•HR 878 IH
‘‘(2) RESPONSIBILITIES.—The Associate Ad-
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ministrator for Aviation Safety Technology shall
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have the following responsibilities:
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‘‘(A) Ensuring that Federal Aviation Ad-
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ministration organizations involved in the re-
5
view and certification of aviation safety tech-
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nologies, and the operation thereof, are engag-
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ing in workforce planning efforts to recruit and
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hire the required number of engineers, inspec-
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tors, and subject matter experts to process ap-
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plications in a timely manner and oversee oper-
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ations utilizing aviation safety technologies.
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‘‘(B) Collaborating with the Associate Ad-
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ministrator for Aviation Safety to coordinate
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the evaluation, certification, and operation of
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aviation safety technologies in the national air-
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space system.
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‘‘(C) Coordinating with the Chief Oper-
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ating Officer of the Air Traffic Control System
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on the integration of aviation safety tech-
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nologies into the national airspace system.
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‘‘(D) Identifying the core competencies
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that the Federal Aviation Administration engi-
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neer and inspector workforce need to oversee
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•HR 878 IH
the safety, certification and operational ap-
1
proval of safety technologies.
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‘‘(E) Developing specific recommendations
3
to the Office of the Secretary and the Adminis-
4
trator regarding gaps in the existing engineer
5
and inspector workforce involved in the certifi-
6
cation and operational approval of safety tech-
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nology and the budgetary resources needed to
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fill the identified gaps.
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‘‘(F) Establishing a detailed process for
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Federal Aviation Administration coordination of
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major certification milestones related to safety
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technologies that defines a lead organization for
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review, identifies other organizations to be in-
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volved in review, and details how various Fed-
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eral Aviation Administration organizations or
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lines of business shall engage in the review
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process.
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‘‘(G) Developing a process that, within 30
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days of the submission of documents related to
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a major certification milestone for an aviation
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safety technology, notifies the applicant of the
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lead reviewing Federal Aviation Administration
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organization and all other organizations or of-
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fices that will review, and a date-specific
1
timeline for completion of review activities.
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‘‘(H) Not later than 12 months after en-
3
actment of this subsection, implementation of a
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secure password-protected online portal for ap-
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plicants with new or pending aviation safety
6
technology projects to review the status of their
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specific application, deadlines, and the Federal
8
Aviation Administration organizations or offices
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scheduled to review the application.
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‘‘(I) Not later than 12 months after the
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enactment of this subsection, provide a report
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on the implementation of section 377 of the
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FAA Reauthorization Act of 2018 (Public Law
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115–254) on the development of a transparent
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process through which the FAA can approve
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non-governmental entities to independently pro-
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vide safety-critical services to aircraft operators
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and airport operators.
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‘‘(J) Development of a process for appli-
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cants to escalate to the appropriate manage-
21
ment personnel of the Federal Aviation Admin-
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istration any major certification or operational
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approval process milestone under this section
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•HR 878 IH
that is not completed or resolved within the spe-
1
cific time period described in this subsection.
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‘‘(K) Resolving certification milestones as
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described in this section within a time agreed to
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by the Associate Administrator for Aviation
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Safety Technology and the applicant.
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‘‘(L) Identifying and directing the nec-
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essary Federal Aviation Administration per-
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sonnel and budgetary resources necessary to
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complete major certification milestones related
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to aviation safety technologies within the
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timelines defined in this section.
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‘‘(M) Not later than 12 months after the
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enactment of this subsection, the Associate Ad-
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ministrator for Aviation Safety Technology
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shall establish an interagency working group to
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promote collaboration and engagement between
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the Department of Transportation, Department
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of Defense, Federal Communications Commis-
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sion, National Aeronautics and Space Adminis-
20
tration, and other relevant agencies to propose
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new regulations enabling digital flight which
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will allow safe operation of uncrewed aircraft
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systems and crewed aircraft through tech-
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nologies such as advanced airspace and safety-
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•HR 878 IH
enhancing aircraft automation, enhanced sur-
1
veillance, and secure, digital pilot/air traffic
2
control communications.
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‘‘(3) COMPENSATION.—
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‘‘(A) ANNUAL RATE OF BASIC PAY.—The
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Associate Administrator for Aviation Safety
6
Technology shall be paid at an annual rate of
7
basic pay to be determined by the Adminis-
8
trator.
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‘‘(B) LIMITATION.—The annual rate may
10
not exceed the annual compensation paid under
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section 102 of title 3.
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‘‘(C) POST-EMPLOYMENT
PROVISIONS.—
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The Associate Administrator for Aviation Safe-
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ty Technology shall be the subject to the post-
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employment provisions of section 207 of title
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18, as if the position of the Associate Adminis-
17
trator for Aviation Safety Technology were de-
18
scribed in section 207(c)(2)(A)(i) of such title.
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‘‘(D) BONUS.—In addition to the annual
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rate of basic pay authorized under paragraph
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(1), the Associate Administrator for Aviation
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Safety Technology may receive a bonus for any
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calendar year not to exceed 30 percent of the
24
annual rate of basic pay, based upon the Ad-
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•HR 878 IH
ministrator’s evaluation of the performance of
1
the Associate Administrator for Aviation Safety
2
Technology in relation to the responsibilities es-
3
tablished under paragraph (2).
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‘‘(4) DEFINITIONS.—In this section:
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‘‘(A)
MAJOR
CERTIFICATION
PROCESS
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MILESTONE.—The term ‘major certification
7
process milestone’ has the meaning given the
8
term in section 44704.
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‘‘(B) AVIATION
SAFETY
TECHNOLOGY.—
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The term ‘Aviation Safety Technology’ means
11
airborne or ground-based equipment that are
12
meant to reduce the occurrence of aviation acci-
13
dents such as Loss Of Control In-Flight (LOC-
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I), Controlled Flight Into Terrain (CFIT), Sin-
15
gle Component Failure (SCF), mid-air colli-
16
sions, and/or fuel mismanagement. Specific
17
technologies shall include but not be limited to:
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navigation technology, auto-land technology,
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auto take-off technology, auto-taxi technology,
20
detect-and-avoid technology, aircraft commu-
21
nications technology and remote piloting tech-
22
nology.’’.
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(b) REGULATIONS.—The Assistant Administrator for
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Aviation Safety Technology may issue such regulations as
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•HR 878 IH
are necessary to expand the definition of ‘‘Aviation Safety
1
Technology’’ for purposes of section 106(u)(3) of title 49,
2
United States Code.
3
(c) AVIATION RULEMAKING COMMITTEE.—
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(1) IN
GENERAL.—Not later than 180 days
5
after the date of enactment of this Act, the Assist-
6
ant Administrator for Aviation Safety Technology
7
shall establish an aviation rulemaking committee to
8
make recommendations for the development of a de-
9
tailed roadmap for the certification and operational
10
approval of aviation safety technologies by the Fed-
11
eral Aviation Administration, with a focus on tech-
12
nologies, software, and automation that will enhance
13
operational safety and require approval from mul-
14
tiple organizations with the agency.
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(2) DUTIES.—The Assistant Administrator
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shall—
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(A) not later than 1 year after the date of
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enactment of this Act, submit to the appro-
19
priate committees of Congress a report based
20
on the findings of aviation rulemaking com-
21
mittee established under paragraph (1); and
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(B) not later than 1 year after the date of
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submission of the report under subparagraph
24
(A) issue a notice of proposed rulemaking based
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•HR 878 IH
on any consensus recommendations reached by
1
the aviation rulemaking committee established
2
under paragraph (1).
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(3) NON-APPLICABILITY OF FACA.—The Fed-
4
eral Advisory Committee Act (5 U.S.C. App.) shall
5
not apply to an aviation rulemaking committee es-
6
tablished under this subsection.
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(d) AUTHORIZATION OF APPROPRIATIONS.—There is
8
authorized to be appropriated to carry out this section and
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section 106(u) of title 49, United States Code,
10
$10,000,000 for each fiscal year.
11
Æ
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