[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8408 Engrossed in House (EH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8408
_______________________________________________________________________
AN ACT
To direct the Administrator of the Federal Aviation Administration to
require certain safety standards relating to aircraft, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aircraft
Certification Reform and Accountability Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Safety management systems.
Sec. 3. Expert review of organization designation authorizations for
transport airplanes.
Sec. 4. Certification oversight staff.
Sec. 5. Disclosure of safety-critical information.
Sec. 6. Periodic reviews of organization designation authorizations.
Sec. 7. Limitations on delegation.
Sec. 8. Oversight of organization designation authorization unit
members.
Sec. 9. Integrated project teams.
Sec. 10. Oversight integrity briefing.
Sec. 11. Appeals of certification decisions.
Sec. 12. Employment restrictions.
Sec. 13. Professional development and skills enhancement.
Sec. 14. Voluntary safety reporting program.
Sec. 15. Compensation limitation.
Sec. 16. System safety assessments and other requirements.
Sec. 17. Flight crew alerting.
Sec. 18. Amended type certificates.
Sec. 19. Whistleblower protections.
Sec. 20. Pilot training.
Sec. 21. Nonconformity with approved type design.
Sec. 22. Implementation of recommendations.
Sec. 23. Oversight of FAA compliance program.
Sec. 24. Settlement agreement.
Sec. 25. Human factors.
Sec. 26. Technical corrections.
Sec. 27. Definitions.
SEC. 2. SAFETY MANAGEMENT SYSTEMS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall initiate a rulemaking proceeding
to require each person who holds both a type certificate and a
production certificate issued under section 44704 of title 49, United
States Code, to adopt, not later than the earlier of the date that is
180 days after the issuance of the regulation required under this
subsection or the date that is 4 years after the date of enactment of
this Act, a safety management system consistent with the standards and
recommended practices contained in annex 19 to the Convention on
International Civil Aviation (61 Stat. 1180) in effect on the earlier
of the date of the issuance of such regulations or the date that is 4
years after the date of enactment of this Act.
(b) Contents of Regulations.--The regulations issued under
subsection (a) shall, at a minimum, include provisions for the
Administrator's approval of, and regular oversight of adherence to, a
certificate holder's safety management system adopted pursuant to such
regulations.
(c) Deadline.--Not later than 12 months after the end of the
comment period for the proposed rule issued pursuant to subsection (a),
the Administrator shall issue a final rule with respect to such
proposed rule.
(d) Safety Reporting Program.--The regulations issued under
subsection (a) shall require a safety management system to include a
confidential employee reporting system through which employees can
report hazards, issues, concerns, occurrences, and incidents. A
reporting system under this subsection shall include provisions for
non-punitive reporting of such items by employees in a manner
consistent with other confidential employee reporting systems
administered by the Administrator. Such regulations shall also require
a certificate holder described in subsection (a) to submit a summary of
reports received under this subsection to the Administrator at least
twice per year.
(e) Code of Ethics.--The regulations issued under subsection (a)
shall require a safety management system to include establishment of a
code of ethics applicable to all employees of a certificate holder,
including officers, which clarifies that safety is the organization's
highest priority.
(f) Protection of Safety Information.--Section 44735(a) of title
49, United States Code, is amended--
(1) by striking ``title 5 if the report'' and inserting the
following: ``title 5--
``(1) if the report'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) if the report, data, or other information is
submitted to the Federal Aviation Administration pursuant to
section 2(d) of the Aircraft Certification Reform and
Accountability Act.''.
SEC. 3. EXPERT REVIEW OF ORGANIZATION DESIGNATION AUTHORIZATIONS FOR
TRANSPORT AIRPLANES.
(a) Expert Review.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Administrator shall convene an
expert panel (in this section referred to as the ``review
panel'') to review and make findings and recommendations on the
matters listed in paragraph (2).
(2) Contents of review.--With respect to each holder of an
organization designation authorization for the design and
production of transport airplanes, the review panel shall
review the following:
(A) The extent to which the holder has implemented
a safety culture consistent with the principles of the
International Civil Aviation Organization Safety
Management Manual, Fourth Edition (International Civil
Aviation Organization Doc. No. 9589) or any similar
successor document.
(B) The effectiveness of measures instituted by the
holder to instill, among employees and contractors of
such holder that support organization designation
authorization functions, a commitment to safety above
all other priorities.
(C) The holder's capability, based on the holder's
organizational structures, requirements applicable to
officers and employees of such holder, and safety
culture, of making reasonable and appropriate decisions
regarding functions delegated to the holder pursuant to
the organization designation authorization.
(D) Any other matter determined by the
Administrator for which inclusion in the review would
be consistent with the public interest in aviation
safety.
(3) Composition of review panel.--The review panel shall
consist of--
(A) 2 representatives of the National Aeronautics
and Space Administration;
(B) 2 employees of the Administration's Aircraft
Certification Service with experience conducting
oversight of persons not involved in the design or
production of transport airplanes;
(C) 1 employee of the Administration's Aircraft
Certification Service with experience conducting
oversight of persons involved in the design or
production of transport airplanes;
(D) 2 employees of the Administration's Flight
Standards Service with experience in oversight of
safety management systems;
(E) 1 appropriately qualified representative,
designated by the applicable represented organization,
of each of--
(i) a labor union representing airline
pilots involved in both passenger and all-cargo
operations;
(ii) a labor union, not selected under
clause (i), representing airline pilots with
expertise in the matters described in paragraph
(2);
(iii) a labor union representing employees
engaged in the assembly of transport airplanes;
(iv) the certified bargaining
representative under section 7111 of title 5,
United States Code, for field engineers engaged
in the audit or oversight of an organization
designation authorization within the Aircraft
Certification Service of the Administration;
and
(v) the certified bargaining representative
for safety inspectors of the Administration;
(F) 2 independent experts who have not served as a
political appointee in the Administration and--
(i) who hold either a baccalaureate or
postgraduate degree in the field of aerospace
engineering or a related discipline; and
(ii) who have a minimum of 20 years of
relevant applied experience;
(G) 4 air carrier employees whose job
responsibilities include administration of a safety
management system; and
(H) 4 individuals representing 4 different holders
of organization designation authorizations, with
preference given to individuals representing holders of
organization designation authorizations for the design
or production of aircraft other than transport
airplanes or for the design or production of aircraft
engines, propellers, or appliances.
(4) Recommendations.--The review panel shall make
recommendations to the Administrator regarding suggested
actions to address any deficiencies found after review of the
matters listed in paragraph (2).
(5) Report.--
(A) Submission.--Not later than 270 days after the
date on which the review panel is established, the
review panel shall transmit to the Administrator and
the congressional committees of jurisdiction a report
containing the findings and recommendations of the
review panel regarding the matters listed in paragraph
(2), except that such report shall include--
(i) only such findings endorsed by 10 or
more individual members of the review panel;
and
(ii) only such recommendations described in
paragraph (4) endorsed by 18 or more of the
individual members of the review panel.
(B) Dissenting views.--In submitting the report
required under this paragraph, the review panel shall
append to such report the dissenting views of any
individual member or group of members of the review
panel regarding the findings or recommendations of the
review panel.
(C) Publication.--Not later than 5 days after
receiving the report under subparagraph (A), the
Administrator shall publish such report, including any
dissenting views appended to the report, on the website
of the Administration.
(D) Termination.--The review panel shall terminate
upon submission of the report under subparagraph (A).
(6) Administrative provisions.--
(A) Access to information.--The review panel shall
have authority to perform the following actions if a
majority of the total number of review panel members
consider each action necessary and appropriate:
(i) Entering onto the premises of an
organization designation authorization holder
described in subsection (a) for access to and
inspection of records or other purposes.
(ii) Notwithstanding any other provision of
law, accessing and inspecting unredacted
records in the possession of an employee or
appointed political official of the
Administration.
(iii) Interviewing employees of such
organization designation authorization holder
or the Administration as necessary for the
panel to complete its work.
(B) Disclosure of financial interests.--Each
individual serving on the review panel shall disclose
to the Administrator any financial interest held by
such individual, or a spouse or dependent of such
individual, in a business enterprise engaged in the
design or production of transport airplanes, aircraft
engines designed for transport airplanes, or major
systems, components, or parts thereof. The
Administrator shall publicly post such disclosure on
the website of the Administration in a de-identified
form.
(C) Protection of proprietary information; trade
secrets.--
(i) Marking.--The custodian of a record
accessed under subparagraph (A) may mark such
record as proprietary or containing a trade
secret. A marking under this subparagraph shall
not be dispositive with respect to whether such
record contains any information subject to
legal protections from public disclosure.
(ii) Nondisclosure for non-federal
government participants.--
(I) Non-federal government
participants.--Prior to participating
on the review panel, each individual
serving on the review panel
representing a non-Federal entity,
including a labor union, shall execute
an agreement with the Administrator in
which the individual shall be
prohibited from disclosing at any time,
except as required by law, to any
person, foreign or domestic, any non-
public information made accessible to
the panel under subparagraph (A).
(II) Federal employee
participants.--Federal employees
serving on the review panel as
representatives of the Federal
Government and who are required to
protect proprietary information and
trade secrets under section 1905 of
title 18, United States Code, shall not
be required to execute agreements under
this subparagraph.
(iii) Protection of voluntarily submitted
safety information.--Information subject to
protection from disclosure by the
Administration in accordance with sections
40123 and 44735 of title 49, United States
Code, is deemed voluntarily submitted to the
Administration under such sections when shared
with the review panel and retains its
protection from disclosure (including
protection under section 552(b)(3) of title 5,
United States Code). The custodian of a record
subject to such protection may mark such record
as subject to statutory protections. A marking
under this subparagraph shall not be
dispositive with respect to whether such record
contains any information subject to legal
protections from public disclosure. Members of
the review panel will protect voluntarily
submitted safety information and other
otherwise exempt information to the extent
permitted under applicable law.
(iv) Protection of proprietary information
and trade secrets.--Members of the review panel
will protect proprietary information, trade
secrets, and other otherwise exempt information
to the extent permitted under applicable law.
(v) Resolving classification of
information.--If the review panel and an
organization designation authorization holder
subject to review under this section disagree
as to the proper classification of information
described in this subparagraph, then the deputy
chief counsel of the Administration shall
determine the proper classification of such
information and whether such information will
be redacted.
(D) Applicable law.--Public Law 92-463 shall not
apply to the panel established under this subsection.
(E) Financial interest defined.--In this paragraph,
the term ``financial interest''--
(i) excludes securities held in an index
fund; and
(ii) includes--
(I) any current or contingent
ownership, equity, or security
interest;
(II) an indebtedness or compensated
employment relationship; or
(III) any right to purchase or
acquire any such interest, including a
stock option or commodity future.
(b) FAA Authority.--
(1) In general.--After reviewing the findings of the review
panel submitted under subsection (a)(5), the Administrator may
limit, suspend, or terminate an organization designation
authorization subject to review under this section.
(2) Reinstatement.--The Administrator may condition
reinstatement of a limited, suspended, or terminated
organization designation authorization on the holder's
implementation of any corrective actions determined necessary
by the Administrator.
(3) Rule of construction.--Nothing in this subsection shall
be construed to limit the Administrator's authority to take any
action with respect to an organization designation
authorization, including limitation, suspension, or termination
of such authorization.
(c) Organization Designation Authorization Process Improvements.--
Not later than 1 year after receipt of the recommendations submitted
under subsection (a)(5), the Administrator shall--
(1) report to the congressional committees of jurisdiction
on--
(A) whether the Administrator has concluded that
such holder is able to safely and reliably perform all
delegated functions in accordance with all applicable
provisions of chapter 447 of title 49, United States
Code, title 14, Code of Federal Regulations, and other
orders or requirements of the Administrator, and, if
not, the Administrator shall outline--
(i) the risk mitigations or other
corrective actions, including the
implementation timelines of such mitigations or
actions, the Administrator has established for
or required of such holder as prerequisites for
a conclusion by the Administrator under
subparagraph (A); or
(ii) the status of any ongoing
investigatory actions; and
(B) the status of implementation of each of the
recommendations of the review panel, if any, with which
the Administrator concurs; and
(2) report to the congressional committees of jurisdiction
on--
(A) the status of procedures under which the
Administrator will conduct focused oversight of such
holder's processes for performing delegated functions
with respect to the design of new and derivative
transport airplanes and the production of such
airplanes; and
(B) the Administrator's efforts, to the maximum
extent practicable and subject to appropriations, to
increase the number of engineers, inspectors, and other
qualified technical experts, as necessary to fulfill
the requirements of this section, in--
(i) each office of the Administration
responsible for dedicated oversight of such
holder; and
(ii) the System Oversight Division, or any
successor division, of the Aircraft
Certification Service.
(d) Non-Concurrence With Recommendations.--Not later than 6 months
after receipt of the recommendations submitted under subsection (a)(5),
with respect to each recommendation of the review panel with which the
Administrator does not concur, if any, the Administrator shall publish
on the website of the Administration and submit to the congressional
committees of jurisdiction a detailed explanation as to why, including
if the Administrator believes implementation of such recommendation
would not improve aviation safety.
SEC. 4. CERTIFICATION OVERSIGHT STAFF.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator $27,000,000 for each of fiscal years
2021 through 2023 to recruit and retain engineers, safety inspectors,
human factors specialists, and software and cybersecurity experts and
other qualified technical experts who perform duties related to the
certification of aircraft, aircraft engines, propellers, and
appliances.
(b) Recruitment and Retention.--
(1) Bargaining units.--Not later than 30 days after the
date of enactment of this Act, the Administrator shall begin
collaboration with the exclusive bargaining representatives of
engineers, safety inspectors, systems safety specialists, and
other qualified technical experts certified under section 7111
of title 5, United States Code, to improve recruitment of
employees for, and to implement retention incentives for
employees holding, positions with respect to the certification
of aircraft, aircraft engines, propellers, and appliances. If
the Administrator and such representatives are unable to reach
an agreement collaboratively, the Administrator and such
representatives shall negotiate in accordance with section
40122(a) of title 49, United States Code, to improve
recruitment and implement retention incentives for employees
described in subsection (a) who are covered under a collective
bargaining agreement.
(2) Other employees.--Notwithstanding any other provision
of law, not later than 30 days after the date of enactment of
this Act, the Administration shall improve recruitment of, and
implement retention incentives for, any individual described in
subsection (a) who is not covered under a collective bargaining
agreement.
(3) Rule of construction.--Nothing in this section shall be
construed to vest in any exclusive bargaining representative
any management right of the Administrator, as such right
existed on the day before the date of enactment of this Act.
(4) Availability of appropriations.--Any action taken by
the Administrator under this section shall be subject to the
availability of appropriations authorized under subsection (a).
SEC. 5. DISCLOSURE OF SAFETY-CRITICAL INFORMATION.
(a) Prohibition.--Section 44704 of title 49, United States Code, is
amended by striking subsection (e) and inserting the following:
``(e) Disclosure of Safety-Critical Information.--
``(1) In general.--Notwithstanding a delegation described
in section 44702(d), the Administrator shall require an
applicant for, or holder of, a type certificate for a
transport-category aircraft covered under part 25 of title 14,
Code of Federal Regulations, to submit safety-critical
information with respect to such aircraft to the Administrator
in such form, manner, or time as the Administrator may require.
Such safety-critical information shall include--
``(A) any design and operational details, intended
functions, and failure modes of any system that,
without being commanded by the flight crew, commands
the operation of any safety-critical function or
feature required for control of an aircraft during
flight or that otherwise changes the flight path or
airspeed of an aircraft;
``(B) the design and operational details, intended
functions, failure modes, and mode annunciations of
autopilot and autothrottle systems, if applicable;
``(C) any failure or operating condition that the
applicant or holder anticipates or has concluded would
result in an outcome with a severity level of hazardous
or catastrophic, as defined in the appropriate
Administration airworthiness requirements and guidance
applicable to transport-category aircraft defining risk
severity;
``(D) any adverse handling quality that fails to
meet the requirements of applicable regulations without
the addition of a software system to augment the flight
controls of the aircraft to produce compliant handling
qualities; and
``(E) a system safety assessment with respect to a
system described in subparagraph (A) or (B) or with
respect to any component or other system for which
failure or erroneous operation of such component or
system could result in an outcome with a severity level
of hazardous or catastrophic, as defined in the
appropriate Administration airworthiness requirements
and guidance applicable to transport-category aircraft
defining risk severity.
``(2) Ongoing communications.--
``(A) Newly discovered information.--The
Administrator shall require that an applicant for, or
holder of, a type certificate disclose to the
Administrator, in such form, manner, or time as the
Administrator may require, any newly discovered
information or design or analysis change that would
materially alter any submission to the Administrator
under paragraph (1).
``(B) Aircraft system development changes.--The
Administrator shall establish multiple milestones
throughout the certification process at which a
proposed aircraft system will be assessed to determine
whether any change to such system during the
certification process is such that such system should
be considered novel or unusual by the Administrator.
``(3) Flight manuals.--The Administrator shall ensure that
an aircraft flight manual and a flight crew operating manual
(as appropriate or applicable) for an aircraft contains a
description of the operation of a system described in paragraph
(1)(A) and flight crew procedures for responding to a failure
or aberrant operation of such system.
``(4) Civil penalty.--
``(A) Amount.--Notwithstanding section 46301, an
applicant for, or holder of, a type certificate that
knowingly violates paragraph (1), (2), or (3) of this
subsection shall be liable to the Administrator for a
civil penalty of not more than $1,000,000 for each
violation.
``(B) Penalty considerations.--In determining the
amount of a civil penalty under subparagraph (A), the
Administrator shall consider--
``(i) the nature, circumstances, extent,
and gravity of the violation, including the
length of time that such safety-critical
information was known but not disclosed; and
``(ii) with respect to the violator, the
degree of culpability, any history of prior
violations, and the size of the business
concern.
``(5) Revocation and civil penalty for individuals.--
``(A) In general.--The Administrator shall revoke
any airline transport pilot certificate issued under
section 44703 held by any individual who, while acting
on behalf of an applicant for, or holder of, a type
certificate, knowingly makes a false statement with
respect to any of the matters described in
subparagraphs (A) through (D) of paragraph (1).
``(B) Authority to impose civil penalty.--The
Administrator may impose a civil penalty under section
46301 for each violation described in subparagraph (A).
``(6) Rule of construction.--Nothing in this subsection
shall be construed to affect or otherwise inhibit the authority
of the Administrator to deny an application by an applicant for
a type certificate or to revoke a type certificate of a holder
of such certificate.
``(7) Definition of type certificate.--In this subsection,
the term `type certificate'--
``(A) means a type certificate issued under
subsection (a) or an amendment to such certificate; and
``(B) does not include a supplemental type
certificate issued under subsection (b).''.
(b) Civil Penalty Authority.--Section 44704 of title 49, United
States Code, is further amended by adding at the end the following:
``(f) Hearing Requirement.--The Administrator may find that a
person has violated subsection (a)(6) or paragraph (1), (2), or (3) of
subsection (e) and impose a civil penalty under the applicable
subsection only after notice and an opportunity for a hearing. The
Administrator shall provide a person--
``(1) written notice of the violation and the amount of
penalty; and
``(2) the opportunity for a hearing under subpart G of part
13 of title 14, Code of Federal Regulations.''.
SEC. 6. PERIODIC REVIEWS OF ORGANIZATION DESIGNATION AUTHORIZATIONS.
Section 44736 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Periodic Reviews.--
``(1) In general.--Not less than once every 7 years, the
Administrator shall conduct a comprehensive review of the
capability of each ODA holder for the design of an aircraft,
aircraft engine, propeller, or appliance pursuant to a
delegation by the Administrator under section 44702(d) to meet
the requirements of subpart D of part 183 of title 14, Code of
Federal Regulations, based on the holder's organizational
structures, requirements applicable to officers and employees,
and safety culture.
``(2) Contents of review.--A comprehensive review under
this subsection shall include an assessment of the
effectiveness of, and organization-wide adherence to, an ODA
holder's procedures manual and voluntary safety reporting
system.''.
SEC. 7. LIMITATIONS ON DELEGATION.
Section 44702(d) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Notwithstanding any other provision of law, the Administrator
may not delegate a matter under this subsection--
``(A) with respect to the certification of the design of a
novel or unusual design feature that results in a major change
to a type design, except when the Administrator determines--
``(i) a matter is a routine task; or
``(ii) during the course of the certification
process, that a matter no longer relates to a novel or
unusual design feature; or
``(B) on the sole basis that the Federal Aviation
Administration lacks a sufficient number of personnel qualified
or with the requisite expertise to perform the function.''.
SEC. 8. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION UNIT
MEMBERS.
(a) In General.--Chapter 447 of title 49, United States Code, as
amended by this Act, is amended by adding at the end the following:
``Sec. 44741. Approval of organization designation authorization unit
members
``(a) In General.--Beginning on the date that is 1 year after the
date of enactment of the Aircraft Certification Reform and
Accountability Act, each individual who is selected on or after such
date to become a member of an ODA unit by an ODA holder engaged in the
design of an aircraft, aircraft engine, propeller, or appliance and
performs an authorized function pursuant to a delegation by the
Administrator of the Federal Aviation Administration under section
44702(d)--
``(1) shall be an employee, a contractor, or the employee
of a supplier of the ODA holder; and
``(2) may not become a member of such unit unless approved
by the Administrator pursuant to this section.
``(b) Process and Timeline.--
``(1) In general.--The Administrator shall maintain an
efficient process for the review and approval of an individual
to become a member of an ODA unit under this section.
``(2) Process.--An ODA holder described in subsection (a)
may submit to the Administrator an application for an
individual to be approved to become a member of an ODA unit
under this section. The application shall be submitted in such
form and manner as the Administrator determines appropriate.
The Administrator shall require an ODA holder to submit with
such an application information sufficient to demonstrate an
individual's qualifications under subsection (c).
``(3) Timeline.--The Administrator shall approve or reject
an individual that is selected by an ODA holder to become an
ODA unit member under this section not later than 30 days after
the receipt of an application by an ODA holder.
``(4) Documentation of approval.--Upon approval of an
individual to become a member of an ODA unit under this
section, the Administrator shall provide such individual a
letter confirming that such individual has been approved by the
Administrator under this section to be an ODA unit member.
``(5) Reapplication.--An ODA holder may submit an
application under this subsection for an individual to become a
member of an ODA unit under this section regardless of whether
an application for such individual was previously rejected by
the Administrator.
``(c) Qualifications.--
``(1) In general.--The Administrator shall issue minimum
qualifications for an individual to become a member of an ODA
unit under this section. In issuing such qualifications, the
Administrator shall consider existing qualifications for
Administration employees with similar duties and whether such
individual--
``(A) is technically proficient and qualified to
perform the authorized functions sought;
``(B) has no recent record of serious enforcement
action, as determined by the Administrator, taken by
the Administrator with respect to any certificate,
approval, or authorization held by such individual;
``(C) is of good moral character (as such
qualification is applied to an applicant for an airline
transport pilot certificate issued under section
44703);
``(D) possesses the knowledge of applicable design
or production requirements in this chapter and in title
14, Code of Federal Regulations, necessary for
performance of the authorized functions sought;
``(E) possesses a high degree of knowledge of
applicable design or production principles, system
safety principles, or safety risk management processes
appropriate for the authorized functions sought; and
``(F) meets such testing, examination, training, or
other qualification standards as the Administrator
determines are necessary to ensure the individual is
competent and capable of performing the authorized
functions sought.
``(2) Previously rejected application.--In reviewing an
application for an individual to become a member of an ODA unit
under this section, if an application for such individual was
previously rejected, the Administrator shall ensure that the
reasons for the prior rejection have been resolved or mitigated
to the Administrator's satisfaction before making a
determination on the individual's reapplication.
``(d) Rescission of Approval.--The Administrator may rescind an
approval of an individual as a member of an ODA unit granted pursuant
to this section at any time and for any reason the Administrator
considers appropriate. The Administrator shall develop procedures to
provide for notice and opportunity to appeal rescission decisions made
by the Administrator. Such decisions by the Administrator are not
subject to judicial review.
``(e) Records and Briefings.--
``(1) In general.--Beginning on the date described in
subsection (a), an ODA holder shall maintain, for a period to
be determined by the Administrator and with proper protections
to ensure the security of sensitive and personal information--
``(A) any data, applications, records, or manuals
required by the ODA holder's approved procedures
manual, as determined by the Administrator;
``(B) the names, responsibilities, qualifications,
and example signature of each member of the ODA unit
who performs an authorized function pursuant to a
delegation by the Administrator under section 44702(d);
``(C) training records for ODA unit members and ODA
administrators; and
``(D) any other data, applications, records, or
manuals determined appropriate by the Administrator.
``(2) Congressional briefing.--Not later than 90 days after
the date of enactment of the Aircraft Certification Reform and
Accountability Act, and every 90 days thereafter through
September 30, 2023, the Administrator shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and Committee on Commerce, Science, and
Transportation of the Senate a briefing on the implementation
and effects of this section, including--
``(A) the Administration's performance in
completing reviews of individuals and approving or
denying such individuals within the timeline required
under subsection (b)(3);
``(B) for any individual rejected by the
Administrator under subsection (b) during the preceding
90-day period, the reasoning or basis for such
rejection; and
``(C) any resource, staffing, or other challenges
within the Administration associated with
implementation of this section.
``(f) Special Review of Qualifications.--
``(1) In general.--Not later than 30 days after the
issuance of minimum qualifications under subsection (c), the
Administrator shall initiate a review of the qualifications of
each individual who on the date on which such minimum
qualifications are issued is a member of an ODA unit of a
holder of a type certificate for a transport airplane to ensure
such individual meets the minimum qualifications issued by the
Administrator under subsection (c).
``(2) Unqualified individual.--For any individual who is
determined by the Administrator not to meet such minimum
qualifications pursuant to the review conducted under paragraph
(1), the Administrator--
``(A) shall determine whether the lack of
qualification may be remedied and, if so, provide such
individual with an action plan or schedule for such
individual to meet such qualifications; or
``(B) may, if the Administrator determines the lack
of qualification may not be remedied, take appropriate
action, including prohibiting such individual from
performing an authorized function.
``(3) Deadline.--
``(A) The Administrator shall complete the review
required under paragraph (1) not later than 18 months
after the date on which such review was initiated.
``(B) If the Administrator fails to complete the
review in compliance with subparagraph (A), the
Secretary of Transportation shall assume the
responsibility for completing the review.
``(C) The Secretary's completion of the review
under subparagraph (B)--
``(i) may not be delegated to the
Administration; and
``(ii) shall be completed within 120 days
of the date the Secretary's assumption of
responsibility following the Administrator's
failure to complete the review in compliance
with subparagraph (A).
``(4) Savings clause.--An individual approved to become a
member of an ODA unit of a holder of a type certificate for a
transport airplane under subsection (a) shall not be subject to
the review under this subsection.
``(g) Prohibition.--The Administrator may not authorize an
organization or ODA holder to approve an individual selected by an ODA
holder to become an ODA unit member under this section.
``(h) Definitions.--
``(1) General applicability.--The definitions contained in
section 44736 shall apply to this section.
``(2) Transport airplane.--The term `transport airplane'
means a transport-category airplane designed for operation by
an air carrier or foreign air carrier type-certificated with a
passenger seating capacity of 30 or more or an all-cargo or
combi derivative of such an airplane.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2021 through 2023.
``Sec. 44742. Interference with the duties of organization designation
authorization unit members
``(a) In General.--The Administrator of the Federal Aviation
Administration shall continuously seek to eliminate or minimize
interference by an ODA holder that affects the performance of
authorized functions by members of an ODA unit.
``(b) Prohibition.--
``(1) In general.--It shall be unlawful for any individual
who is employed by an ODA holder to commit an act of
interference with an ODA unit member's performance of
authorized functions.
``(2) Civil penalty.--
``(A) Individuals.--An individual shall be subject
to a civil penalty under section 46301(a)(1) for each
violation under paragraph (1).
``(B) Savings clause.--Nothing in this paragraph
shall be construed as limiting or constricting any
other authority of the Administrator to pursue an
enforcement action against an individual or
organization for violation of applicable Federal laws
or regulations of the Administration.
``(c) Reporting.--
``(1) Reports to oda holder.--A member of an ODA unit shall
promptly report any instances of interference experienced or
witnessed by such member to the office of the ODA holder that
is designated to receive such reports.
``(2) Reports to the faa.--
``(A) In general.--The ODA holder office described
in paragraph (1) shall submit to the office of the
Administration designated by the Administrator to
accept and review such reports any credible instances
of interference reported under paragraph (1).
``(B) Contents.--A report to the Administration
under this paragraph shall be submitted in a manner, at
a time, and in a form prescribed by the Administrator.
Such report shall include the results of any
investigation conducted by the ODA holder in response
to a report of interference, a description of any
action taken by the ODA holder as a result of the
report of interference, and any other information or
potentially mitigating factors the ODA holder or the
Administrator deems appropriate.
``(C) Use of report.--The Administrator may use the
information submitted in a report under this paragraph,
including the actions taken by an ODA holder in
response to a report under paragraph (1), in
determining whether to issue a civil penalty pursuant
to subsection (b) or whether such civil penalty should
be subject to a setoff or compromised.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to preclude a member of an ODA unit from
reporting an instance of interference reported under paragraph
(1) directly to the Administration. Each ODA holder shall
provide notice to each member of such holder's ODA unit stating
that such individual may report an instance of interference
reported under paragraph (1) directly to the Administration.
``(d) Definitions.--
``(1) General applicability.--The definitions contained in
section 44736 shall apply to this section.
``(2) Interference.--In this section, the term
`interference' means--
``(A) blatant or egregious statements or behavior,
such as harassment, beratement, or threats, that a
reasonable person would conclude was intended to
improperly influence or prejudice an ODA unit member's
performance of his or her duties; or
``(B) the presence of non-ODA unit duties or
activities that conflict with the performance of
authorized functions by ODA unit members.''.
(b) Lateral Communications.--
(1) Contact with administration.--The Administrator shall
ensure that employees of the Administration with responsibility
for aircraft certification functions may directly contact non-
managerial employees of an aircraft manufacturer for
consultation regarding the certification of aircraft design,
production, and other matters.
(2) Prohibition.--It shall be a violation of section
44736(a)(2)(C) of title 49, United States Code, for a
manufacturer to prohibit employees from contacting any employee
of the Administration or otherwise impose any condition,
restriction, or penalty (including by requiring prior notice to
or the approval of any supervisor or manager) with respect to
such contact, except that such manufacturer may institute
reasonable, company-wide policies requiring documentation of
communications regarding aircraft design or production between
the manufacturer's employees and Administration employees.
(c) ODA Program Enhancements.--Section 44736 of title 49, United
States Code, is further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking the
semicolon and inserting ``; and'';
(ii) by striking subparagraph (B);
(iii) in subparagraph (C) by striking ``;
and'' and inserting a period;
(iv) by striking subparagraph (D); and
(v) by redesignating subparagraph (C) as
subparagraph (B); and
(B) in paragraph (3) by striking ``shall--'' and
all that follows through the end and inserting ``shall
conduct regular oversight activities by inspecting the
ODA holder's delegated functions and taking action
based on validated inspection findings.''; and
(2) in subsection (b)(3)--
(A) in subparagraph (A)--
(i) by striking clause (i) and
redesignating clauses (ii), (iii), and (iv) as
clauses (i), (ii), and (iii), respectively;
(ii) in clause (i) as redesignated by
inserting ``, as appropriate,'' after
``require'';
(iii) in clause (ii) as redesignated by
inserting ``, as appropriate,'' after
``require''; and
(iv) in clause (iii) as redesignated by
inserting ``when appropriate,'' before ``make a
reassessment'';
(B) by striking subparagraph (B);
(C) in subparagraph (F) by inserting ``, when
appropriate,'' before ``approve''; and
(D) by redesignating subparagraphs (C), (D), (E),
and (F) as subparagraphs (B), (C), (D), and (E),
respectively.
(d) Technical Corrections.--
(1) Section 44737.--Chapter 447 of title 49, United States
Code, is further amended by redesignating the second section
44737 (as added by section 581 of the FAA Reauthorization Act
of 2018) as section 44740.
(2) Analysis.--The analysis for chapter 447 of title 49,
United States Code, is amended--
(A) by striking the item relating to the second
section 44737 (as added by section 581 of the FAA
Reauthorization Act of 2018); and
(B) by inserting after the item relating to section
44739 the following new items:
``44740. Special rule for certain aircraft operations.
``44741. Approval of organization designation authorization unit
members.
``44742. Interference with the duties of organization designation
authorization unit members.''.
(3) Special rule for certain aircraft operations.--Section
44740 of title 49, United States Code (as redesignated by
paragraph (1)), is amended--
(A) in the heading by striking the period at the
end;
(B) in subsection (a)(1) by striking ``chapter''
and inserting ``section'';
(C) in subsection (b)(1) by striking ``(1)'' the
second time it appears; and
(D) in subsection (c)(2) by adding a period at the
end.
SEC. 9. INTEGRATED PROJECT TEAMS.
(a) In General.--Upon receipt of an application for a type
certificate for a new transport airplane, the Administrator shall
convene an interdisciplinary integrated project team responsible for
coordinating review of such application.
(b) Membership.--In convening an interdisciplinary integrated
project team under subsection (a), the Administrator shall appoint
employees of the Administration with specialized expertise and
experience in the fields of engineering, systems design, human factors,
and pilot training, including, at a minimum--
(1) not less than 1 designee of the Associate Administrator
for Aviation Safety whose duty station is in the
Administration's headquarters;
(2) representatives of the Aircraft Certification Service
of the Administration;
(3) representatives of the Flight Standards Service of the
Administration;
(4) experts in the fields of human factors, aerodynamics,
flight controls, software, and systems design; and
(5) any other subject matter expert whom the Administrator
determines appropriate.
SEC. 10. OVERSIGHT INTEGRITY BRIEFING.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall brief the congressional committees of jurisdiction
on specific measures the Administrator has taken to reinforce that each
employee of the Administration responsible for overseeing an
organization designation authorization with respect to the
certification of aircraft perform such responsibility in accordance
with safety management principles and in the public interest of
aviation safety.
SEC. 11. APPEALS OF CERTIFICATION DECISIONS.
(a) In General.--Section 44704, of title 49, United States Code, is
further amended by adding at the end the following:
``(g) Certification Dispute Resolution.--
``(1) Dispute resolution process and appeals.--
``(A) In general.--Not later than 60 days after the
date of enactment of this subsection, the Administrator
shall issue an order establishing--
``(i) an effective, timely, and milestone-
based issue resolution process for type
certification activities under subsection (a);
and
``(ii) a process by which a decision,
finding of compliance or noncompliance, or
other act of the Administration, with respect
to compliance with design requirements, may be
appealed by a covered person directly involved
with the certification activities in dispute on
the basis that such decision, finding, or act
is erroneous or inconsistent with this chapter,
regulations, or guidance materials promulgated
by the Administrator, or other requirements.
``(B) Escalation.--The order issued under
subparagraph (A) shall provide for--
``(i) resolution of technical issues at
pre-established stages of the certification
process, as agreed to by the Administrator and
the type certificate applicant;
``(ii) automatic elevation to appropriate
management personnel of the Administration and
the type certificate applicant of any major
certification process milestone that is not
completed or resolved within a specific period
of time agreed to by the Administrator and the
type certificate applicant;
``(iii) resolution of a major certification
process milestone elevated pursuant to clause
(ii) with a specific period of time agreed to
by the Administrator and the type certificate
applicant;
``(iv) initial review by appropriate
Administration employees of any appeal
described in subparagraph (A)(ii); and
``(v) subsequent review of any further
appeal by appropriate management personnel of
the Administration and the Associate
Administrator for Aviation Safety.
``(C) Disposition.--
``(i) Written decision.--The Associate
Administrator for Aviation Safety shall issue a
written decision on each appeal submitted under
subparagraph (A)(ii), stating the grounds for
the decision of the Associate Administrator.
``(ii) Report to congress.--Not later than
December 31 of each calendar year through
calendar year 2025, the Administrator shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a report
summarizing each appeal resolved under this
subsection.
``(D) Final review.--
``(i) In general.--A written decision of
the Associate Administrator under subparagraph
(C) may be appealed to the Administrator for a
final review and determination.
``(ii) Decline to review.--The
Administrator may decline to review an appeal
initiated pursuant to clause (i).
``(iii) Judicial review.--Notwithstanding
any other provision of law, neither a final
determination of the Administrator under clause
(i) nor a decision to decline to review an
appeal under clause (ii) shall be subject to
judicial review.
``(2) Prohibited contacts.--
``(A) Prohibition generally.--During the course of
an appeal under this subsection, no covered official
may engage in an ex parte communication with an
individual representing or acting on behalf of an
applicant for, or holder of, a certificate under this
section in relation to such appeal unless such
communication is disclosed pursuant to subparagraph
(B).
``(B) Disclosure.--If, during the course of an
appeal under this subsection, a covered official
engages in, receives, or is otherwise made aware of an
ex parte communication, the covered official shall
disclose such communication in the public record at the
time of the issuance of the written decision in
accordance with subsection (g)(1)(C), including the
time and date of the communication, subject of
communication, and all persons engaged in such
communication.
``(3) Definitions.--In this subsection:
``(A) Covered person.--The term `covered person'
means either--
``(i) an employee of the Administration
whose responsibilities relate to the
certification of aircraft, engines, propellers,
or appliances; or
``(ii) an applicant for, or holder of, a
type certificate or amended type certificate
issued under this section.
``(B) Covered official.--The term `covered
official' means the following officials:
``(i) The Executive Director or any Deputy
Director of the Aircraft Certification Service.
``(ii) The Deputy Executive Director for
Regulatory Operations of the Aircraft
Certification Service.
``(iii) The Director or Deputy Director of
the Compliance and Airworthiness Division of
the Aircraft Certification Service.
``(iv) The Director or Deputy Director of
the System Oversight Division of the Aircraft
Certification Service.
``(v) The Director or Deputy Director of
the Policy and Innovation Division of the
Aircraft Certification Service.
``(vi) The Executive Director or any Deputy
Executive Director of the Flight Standards
Service.
``(vii) The Associate Administrator or
Deputy Associate Administrator for Aviation
Safety.
``(viii) The Deputy Administrator of the
Federal Aviation Administration.
``(ix) The Administrator of the Federal
Aviation Administration.
``(x) Any similarly situated or successor
FAA management position, as determined by the
Administrator.
``(C) Major certification process milestone.--The
term `major certification process milestone' means a
milestone related to the type certification basis, type
certification plan, type inspection authorization,
issue paper, or other major type certification activity
agreed to by the Administrator and the type certificate
applicant.
``(4) Rule of construction.--Nothing in this subsection
shall apply to the communication of a good-faith complaint by
any individual alleging--
``(A) gross misconduct;
``(B) a violation of title 18; or
``(C) a violation of any of the provisions of part
2635 or 6001 of title 5, Code of Federal
Regulations.''.
(b) Conforming Amendment.--Section 44704(a) is amended by striking
paragraph (6).
SEC. 12. EMPLOYMENT RESTRICTIONS.
(a) Disqualification Based on Prior Employment.--An employee of the
Administration with supervisory responsibility may not direct, conduct,
or otherwise participate in oversight of a holder of a certificate
issued under section 44704 that previously employed such employee in
the preceding 1-year period.
(b) Post-Employment Restrictions.--Section 44711(d) of title 49,
United States Code, is amended to read as follows:
``(d) Post-Employment Restrictions for Inspectors and Engineers.--
``(1) Prohibition.--A person holding a certificate issued
under part 21 or 119 of title 14, Code of Federal Regulations,
may not knowingly employ, or make a contractual arrangement
that permits, an individual to act as an agent or
representative of such person in any matter before the
Administration if the individual, in the preceding 2-year
period--
``(A) served as, or was responsible for oversight
of--
``(i) a flight standards inspector of the
Administration; or
``(ii) an employee of the Administration
with responsibility for certification functions
with respect to a holder of a certificate
issued under section 44704(a); and
``(B) had responsibility to inspect, or oversee
inspection of, the operations of such person.
``(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be acting
as an agent or representative of a certificate holder in a
matter before the Administration if the individual makes any
written or oral communication on behalf of the certificate
holder to the Administration (or any of its officers or
employees) in connection with a particular matter, whether or
not involving a specific party and without regard to whether
the individual has participated in, or had responsibility for,
the particular matter while serving as an individual covered
under paragraph (1).''.
SEC. 13. PROFESSIONAL DEVELOPMENT AND SKILLS ENHANCEMENT.
(a) In General.--The Administrator shall--
(1) develop a program for regular recurrent training of
engineers, inspectors, and other subject-matter experts
employed in the Aircraft Certification Service of the
Administration in accordance with the training strategy
developed pursuant to section 231 of the FAA Reauthorization
Act of 2018 (Public Law 115-254; 132 Stat. 3256); and
(2) to the maximum extent practicable, implement measures,
including assignments in multiple divisions of the Aircraft
Certification Service, to ensure that such engineers and other
subject-matter experts in the Aircraft Certification Service
have access to diverse professional opportunities that expand
their knowledge and skills.
(b) Implementation.--The Administrator shall, to the maximum extent
practicable, ensure that actions taken pursuant to subsection (a)--
(1) permit engineers, inspectors, and other subject matter
experts to continue developing knowledge of, and expertise in,
new and emerging technologies in systems design, flight
controls, principles of aviation safety, system oversight, and
certification project management;
(2) minimize the likelihood of an individual developing an
inappropriate bias toward a designer or manufacturer of
aircraft, aircraft engines, propellers, or appliances;
(3) are consistent with any applicable collective
bargaining agreements; and
(4) account for gaps in knowledge and skills between
Administration employees and private-sector employees, as
identified by the exclusive bargaining representatives
certified under section 7111 of title 5, United States Code,
for each group of Administration employees covered under this
section.
SEC. 14. VOLUNTARY SAFETY REPORTING PROGRAM.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall begin collaboration with the
exclusive bargaining representatives of engineers, safety inspectors,
systems safety specialists, and other subject matter experts certified
under section 7111 of title 5, United States Code, to implement a
confidential voluntary safety reporting program, in a manner that is
consistent with other voluntary reporting programs administered by the
Administrator. The program shall include provisions addressing, at a
minimum--
(1) participation in all facets of the program by the
exclusive bargaining representatives for employees identified
in the matter preceding this paragraph;
(2) protections for frontline employees from adverse
employment actions related to their participation in the
program;
(3) identification of exclusionary criteria; and
(4) creation of a corrective action process in order to
address safety issues that are identified through the program.
(b) Negotiations.--If the Administrator and the representatives
described in subsection (a) are unable to reach an agreement
collaboratively, the Administrator and such representatives shall
negotiate in accordance with section 40122(a) of title 49, United
States Code, to reach agreement on the terms and conditions of such a
program.
SEC. 15. COMPENSATION LIMITATION.
Notwithstanding any other provision of law, an employee of the
Administration may not receive an adjustment to the employee's
compensation solely on the basis of the employee's performance in
meeting or exceeding a deadline related to the completion of
certification functions.
SEC. 16. SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall issue such regulations as are
necessary to amend title 14, Code of Federal Regulations, and any
associated advisory circular, guidance, or policy of the
Administration, in accordance with this section.
(b) System Safety Assessments and Other Requirements.--In
developing regulations under subsection (a), the Administrator shall--
(1) require an applicant for an amended type certificate
for a transport airplane to--
(A) perform a system safety assessment with respect
to each proposed design change that the Administrator
determines is significant, with such assessment
considering the airplane-level effects of individual
errors, malfunctions, or failures and realistic pilot
response times to such errors, malfunctions, or
failures related to such change;
(B) update such assessment to account for each
subsequent proposed design change that the
Administrator determines is significant; and
(C) provide appropriate employees of the
Administration with the data and assumptions underlying
each assessment and amended assessment; and
(2) work with other civil aviation authorities representing
states of design to ensure such regulations remain harmonized
internationally.
(c) FAA Review.--Appropriate employees of the Aircraft
Certification Service and the Flight Standards Service of the
Administration shall review each system safety assessment required
under subsection (b)(1)(A), updated assessment required under
subsection (b)(1)(B), and supporting data and assumptions required
under subsection (b)(1)(C), to ensure that each such assessment
sufficiently considers the matters listed under subsection (b)(1).
SEC. 17. FLIGHT CREW ALERTING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall fully implement National
Transportation Safety Board recommendations A-19-11 and A-19-12 (as
contained in the safety recommendation report adopted on September 9,
2019).
(b) Prohibition.--Beginning on the date that is 2 years after the
date of enactment of this Act, the Administrator may not issue a type
certificate for a transport-category aircraft unless--
(1) in the case of a transport airplane, such airplane
incorporates a flight crew alerting system that, at a minimum,
displays and differentiates among warnings, cautions, and
advisories, and includes functions to assist the flight crew in
prioritizing corrective actions and responding to systems
failures; or
(2) in the case of a transport-category aircraft other than
a transport airplane, the type certificate applicant provides a
means acceptable to the Administrator to assist the flight crew
in prioritizing corrective actions and responding to systems
failures (including by cockpit or flight manual procedures).
SEC. 18. AMENDED TYPE CERTIFICATES.
(a) Review and Reevaluation of Amended Type Certificates.--
(1) International leadership.--The Administrator shall
exercise leadership in the creation of international policies
and standards relating to the issuance of amended type
certificates within the group of international civil aviation
authorities known as the Certificate Management Team.
(2) Reevaluation of amended type certificates.--In carrying
out this subsection, the Administrator shall--
(A) encourage Certificate Management Team members
to examine and address any relevant covered
recommendations (as defined in section 22) relating to
the issuance of amended type certificates;
(B) reevaluate existing assumptions and practices
inherent in the amended type certificate process and
assess whether such assumptions and practices are
valid; and
(C) ensure, to the greatest extent practicable,
that Federal regulations relating to the issuance of
amended type certificates are harmonized with the
regulations of other international states of design.
(b) Amended Type Certificate Report and Rulemaking.--
(1) Report on certificate management team efforts.--Not
later than 18 months after the date of enactment of this Act,
the Administrator shall submit a report to the congressional
committees of jurisdiction on the efforts by the Certificate
Management Team to modify and harmonize policies and
regulations relating to the issuance of amended type
certificates.
(2) Initiation of action.--Not later than 2 years after the
date of enactment of this Act, the Administrator shall revise
and improve the process of issuing amended type certificates in
accordance with this section. Such action may include the
revision of guidance, the initiating of a rulemaking, or such
other action as the Administrator determines necessary to
implement this section.
(3) Contents.--In taking an action required under paragraph
(2), the Administrator shall--
(A) consider--
(i) the findings and work of the
Certificate Management Team and other similar
international harmonization efforts;
(ii) any relevant covered recommendations
(as defined in section 22); and
(iii) whether a fixed time beyond which a
type certificate may not be amended would
improve aviation safety; and
(B) establish the extent to which the following
design characteristics should preclude the issuance of
an amended type certificate:
(i) A new or revised flight control system.
(ii) Any substantial changes to aerodynamic
stability resulting from a physical change that
may require a new or modified software system
or control law in order to produce positive and
acceptable stability and handling qualities.
(iii) A flight control system or augmented
software to maintain aerodynamic stability in
any portion of the flight envelope that was not
required for a previously certified derivative.
(iv) A change in structural components
(other than a stretch or shrink of the
fuselage) that results in a change in
structural load paths or the magnitude of
structural loads attributed to flight maneuvers
or cabin pressurization.
(v) A novel or unusual system, component,
or other feature whose failure would present a
hazardous or catastrophic risk.
(4) Deadline.--The Administrator shall finalize the actions
initiated under paragraph (2) not later than 3 years after the
date of enactment of this Act.
(c) International Leadership.--The Administrator shall exercise
leadership within the International Civil Aviation Organization and
among other civil aviation regulators representing states of aircraft
design to advocate for the adoption of requirements equivalent to those
described in this section.
SEC. 19. WHISTLEBLOWER PROTECTIONS.
Section 42121 of title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Prohibited Discrimination.--A holder of a certificate under
section 44704 or 44705 of this title, or contractor or subcontractor of
such holder, may not discharge an employee or otherwise discriminate
against an employee with respect to compensation, terms, conditions, or
privileges of employment because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or Federal Government information
relating to any violation or alleged violation of any order,
regulation, or standard of the Federal Aviation Administration
or any other provision of Federal law relating to aviation
safety under this subtitle or any other law of the United
States;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any order, regulation, or standard of the Federal Aviation
Administration or any other provision of Federal law relating
to aviation safety under this subtitle or any other law of the
United States;
``(3) testified or is about to testify in such a
proceeding; or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.'';
(2) by striking subsection (d) and inserting the following:
``(d) Nonapplicability To Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of a holder of a
certificate issued under section 44704 or 44705, or a contractor or
subcontractor thereof, who, acting without direction from such
certificate-holder, contractor, or subcontractor (or such person's
agent), deliberately causes a violation of any requirement relating to
aviation safety under this subtitle or any other law of the United
States.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Contractor Defined.--In this section, the term `contractor'
means--
``(1) a person that performs safety-sensitive functions by
contract for an air carrier or commercial operator; or
``(2) a person that performs safety-sensitive functions
related to the design or production of an aircraft, aircraft
engine, propeller, appliance, or component thereof by contract
for a holder of a certificate issued under section 44704.''.
SEC. 20. PILOT TRAINING.
(a) In General.--Chapter 447 of title 49, United States Code, as
amended by section 8, is further amended by adding at the end the
following:
``Sec. 44743. Pilot training requirements
``(a) In General.--
``(1) Administrator's determination.--In establishing any
pilot training requirements with respect to a new transport
airplane, the Administrator of the Federal Aviation
Administration shall independently review any proposal by the
manufacturer of such airplane with respect to the scope,
format, or minimum level of training required for operation of
such airplane.
``(2) Assurances and marketing representations.--Before the
Administrator has established applicable training requirements,
an applicant for a new or amended type certificate for an
airplane described in paragraph (1) may not, with respect to
the scope, format, or magnitude of pilot training for such
airplane--
``(A) make any assurance, whether verbal or in
writing, to a potential purchaser of such airplane
unless a clear and conspicuous disclaimer (as defined
by the Administrator) is included regarding the status
of training required for operation of such airplane; or
``(B) provide financial incentives (including
rebates) to a potential purchaser of such airplane
regarding the scope, format, or magnitude of pilot
training for such airplane.
``(b) Pilot Response Time.--Beginning on the day after the date on
which regulations are issued under section 20(b)(5) of the Aircraft
Certification Reform and Accountability Act, the Administrator may not
issue a new or amended type certificate for an airplane described in
subsection (a) unless the applicant for such certificate has
demonstrated to the Administrator that the applicant has accounted for
realistic assumptions regarding the time for pilot responses to non-
normal conditions in designing the systems and instrumentation of such
airplane. Such assumptions shall--
``(1) be based on test data, analysis, or other technical
validation methods; and
``(2) account for generally accepted scientific consensus
among experts in human factors regarding realistic pilot
response time.
``(c) Definition.--In this section, the term `transport airplane'
means a transport-category airplane designed for operation by an air
carrier or foreign air carrier type-certificated with a passenger
seating capacity of 30 or more or an all-cargo or combi derivative of
such an airplane.''.
(b) Conforming Amendment.--The analysis for chapter 447 of title
49, United States Code, is further amended by adding at the end the
following:
``44743. Pilot training requirements.''.
(c) Expert Safety Review.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall initiate an
expert safety review of assumptions relied upon by the
Administration and manufacturers of transport-category aircraft
in the design and certification of such aircraft.
(2) Contents.--The expert safety review required under
paragraph (1) shall include--
(A) a review of Administration regulations,
guidance, and directives related to pilot response
assumptions relied upon by the FAA and manufacturers of
transport-category aircraft in the design and
certification of such aircraft;
(B) a focused review of the assumptions relied on
regarding the time for pilot responses to non-normal
conditions in designing such aircraft's systems and
instrumentation;
(C) a review of revisions made to the airman
certification standards for certificates over the last
four years, including any possible effects on pilot
competency in basic manual flying skills;
(D) consideration of the global nature of the
aviation marketplace, varying levels of pilot
competency, and differences in pilot training programs
worldwide; and
(E) a process for aviation stakeholders, including
pilots, airlines, inspectors, engineers, test pilots,
human factors experts, and other aviation safety
experts, to provide and discuss any observations,
feedback, and best practices.
(3) Report and recommendations.--Not later than 30 days
after the conclusion of the expert safety review pursuant to
paragraph (1), the Administrator shall submit to the
congressional committees of jurisdiction a report on the
results of the review, any recommendations for actions or best
practices to ensure the FAA and the manufacturers of transport-
category aircraft have accounted for pilot response assumptions
to be relied upon in the design and certification of transport-
category aircraft.
(4) Termination.--The expert safety review shall end upon
submission of the report required pursuant to paragraph (3).
(5) Regulations.--The Administrator shall issue such
regulations as are necessary to implement the recommendations
of the expert safety review that the Administrator determines
are necessary to improve aviation safety.
(d) Call to Action on Airman Certification Standards.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall initiate a call
to action safety review of pilot certification standards in
order to bring stakeholders together to share lessons learned,
best practices, and implement actions to address any safety
issues identified.
(2) Contents.--The call to action safety review required
under paragraph (1) shall include--
(A) a review of Administration regulations,
guidance, and directives related to the pilot
certification standards, including the oversight of
those processes;
(B) a review of revisions made to the pilot
certification standards for certificates over the last
four years, including any possible effects on pilot
competency in manual flying skills and effectively
managing automation to improve safety; and
(C) a process for aviation stakeholders, including
aviation students, instructors, designated pilot
examiners, pilots, airlines, labor, and aviation safety
experts, to provide and discuss any observations,
feedback, and best practices.
(3) Report and recommendations.--Not later than 90 days
after the conclusion of the call to action safety review
pursuant to paragraph (1), the Administrator shall submit to
the congressional committees of jurisdiction a report on the
results of the review, any recommendations for actions or best
practices to ensure pilot competency in basic manual flying
skills and in effective management of automation, and actions
the Administrator will take in response to the recommendations.
(e) International Pilot Training.--
(1) In general.--The Secretary of Transportation, the
Administrator, and other appropriate officials of the
Government shall exercise leadership in setting global
standards to improve air carrier pilot training and
qualifications for--
(A) monitoring and managing the behavior and
performance of automated systems;
(B) controlling the flightpath of aircraft without
autoflight systems engaged;
(C) effectively utilizing and managing autoflight
systems, when appropriate;
(D) effectively identifying situations in which the
use of autoflight systems is appropriate and when such
use is not appropriate; and
(E) recognizing and responding appropriately to
non-normal conditions.
(2) International leadership.--The Secretary, the
Administrator, and other appropriate officials of the
Government shall exercise leadership under subsection (a) by
working with--
(A) foreign counterparts of the Administrator in
the International Civil Aviation Organization and its
subsidiary organizations;
(B) other international organizations and fora; and
(C) the private sector.
(3) Considerations.--In exercising leadership under
paragraph (1), the Secretary, the Administrator, and other
appropriate officials of the Government shall consider--
(A) the latest information relating to human
factors;
(B) aircraft manufacturing trends, including those
relating to increased automation in the cockpit;
(C) the extent to which cockpit automation improves
aviation safety and introduces novel risks;
(D) the availability of opportunities for pilots to
practice manual flying skills;
(E) the need for consistency in maintaining and
enhancing manual flying skills worldwide;
(F) recommended practices of other countries that
enhance manual flying skills and automation management;
and
(G) whether a need exists for initial and recurrent
training standards for improve pilots' proficiency in
manual flight and in effective management of autoflight
systems.
(4) Congressional briefing.--The Secretary, the
Administrator, and other appropriate officials of the
Government shall provide to the congressional committees of
jurisdiction regular briefings on the status of efforts
undertaken pursuant to this section.
SEC. 21. NONCONFORMITY WITH APPROVED TYPE DESIGN.
Section 44704(a) of title 49, United States Code, is further
amended by adding at the end the following:
``(6) Nonconformity with approved type design.--
``(A) In general.--Except as provided in
subparagraph (D), a holder of a production certificate
for an aircraft may not present a nonconforming
aircraft to the Administrator for issuance of an
airworthiness certificate.
``(B) Civil penalty.--Notwithstanding section
46301, a production certificate holder who knowingly
violates subparagraph (A) shall be liable to the
Administrator for a civil penalty of not more than
$1,000,000 for each nonconforming aircraft.
``(C) Penalty considerations.--In determining the
amount of a civil penalty under subparagraph (B), the
Administrator shall consider--
``(i) the nature, circumstances, extent,
and gravity of the violation, including the
length of time the nonconformity was known but
not disclosed; and
``(ii) with respect to the violator, the
degree of culpability, any history of prior
violations, and the size of the business
concern.
``(D) Remedial action.--The Administrator may
permit a production certificate holder to present a
nonconforming aircraft to the Administrator for an
airworthiness certificate if--
``(i) the Administrator determines the
nonconformity, when compared to the
configuration approved as part of the type
design, does not diminish by any degree the
aircraft's safe operation without any change in
flight crew operating procedures;
``(ii) the Administrator determines the
nonconformity was not the product of an
intentional decision by the production
certificate holder to alter the aircraft's
configuration from the approved type design;
``(iii) the production certificate holder
has fully complied with subparagraph (E);
``(iv) the production certificate holder
agrees to correct the nonconformity on all
nonconforming aircraft within a timeframe that
is--
``(I) prescribed by the
Administrator; and
``(II) commensurate with the
severity of the nonconformity;
``(v) the production certificate holder
informs a person who is to take delivery of the
nonconforming aircraft of the nonconformance
prior to its delivery; and
``(vi) the production certificate holder
agrees not to impose any penalty, financial or
otherwise, on a person that chooses to delay
the delivery of a nonconforming aircraft until
the production certificate holder, to the
Administrator's satisfaction, conforms the
aircraft to the approved type design of such
aircraft.
``(E) Notification and proposed remedial action.--A
production certificate holder shall, within 5 days of
determining that such production certificate holder
delivered a nonconforming aircraft, notify the
Administrator, the purchaser of the airplane, and (if
the purchaser is a lessor) the intended operator of the
airplane, if known. A notification under this clause
shall describe--
``(i) the nonconformity in detail; and
``(ii) the production certificate holder's
initial proposal for actions necessary to
eliminate the nonconformity.
``(F) Nonconforming aircraft defined.--In this
paragraph, the term `nonconforming aircraft' means an
aircraft that does not conform to the approved type
design for such aircraft type.''.
SEC. 22. IMPLEMENTATION OF RECOMMENDATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the
congressional committees of jurisdiction on the status of the
Administration's implementation of covered recommendations.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum--
(1) a list and description of all covered recommendations;
(2) a determination of whether the Administrator concurs,
concurs in part, or does not concur with each covered
recommendation;
(3) an implementation plan and schedule for all covered
recommendations the Administrator concurs or concurs in part
with; and
(4) for each covered recommendation with which the
Administrator does not concur (in whole or in part), a detailed
explanation as to why.
(c) Covered Recommendations Defined.--In this section, the term
``covered recommendations'' means recommendations made by the following
entities in any review initiated in response to the accident of Lion
Air flight 610 on October 29, 2018, or Ethiopian Airlines flight 302 on
March 10, 2019, that recommend Administration action:
(1) The National Transportation Safety Board.
(2) The Joint Authorities Technical Review.
(3) The inspector general of the Department of
Transportation.
(4) The Safety Oversight and Certification Advisory
Committee, or any special committee thereof.
(5) Any other entity the Administrator may designate.
SEC. 23. OVERSIGHT OF FAA COMPLIANCE PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish an Executive
Council within the Administration to oversee the use and effectiveness
across program offices of the Administration's Compliance Program,
described in Order 8000.373A dated October 31, 2018.
(b) Compliance Program Oversight.--The Executive Council
established under this section shall--
(1) monitor, collect, and analyze data on the use of the
Compliance Program across program offices of the
Administration, including data on enforcement actions and
compliance actions pursued against regulated entities by such
program offices;
(2) conduct an evaluation of the Compliance Program, not
less frequently than annually each calendar year through 2023,
to assess the functioning and effectiveness of such program in
meeting the stated goals and purpose of the program;
(3) provide reports to the Administrator containing the
results of any evaluation conducted under paragraph (2),
including identifying in such report any nonconformities or
deficiencies in the implementation of the program and
compliance of regulated entities with safety standards of the
Administration;
(4) make recommendations to the Administrator on
regulations, guidance, performance standards or metrics, or
other controls that should be issued by the Administrator to
improve the effectiveness of the Compliance Program in meeting
the stated goals and purpose of the program and to ensure the
highest levels of aviation safety; and
(5) carry out any other oversight duties with respect to
implementation of the Compliance Program and assigned by the
Administrator.
(c) Executive Council.--
(1) Executive council membership.--The Compliance Program
Executive Council shall be comprised of representatives from
each program office with regulatory responsibility as provided
in Order 8000.373A.
(2) Chairperson.--The Executive Council shall be chaired by
a person, who shall be appointed by the Administrator and shall
report directly to the Administrator.
(3) Independence.--The Secretary of Transportation, the
Administrator, or any officer or employee of the Administration
may not prevent or prohibit the chair of the Executive Council
from performing the activities described in this section or
from reporting to Congress on such activities.
(4) Duration.--The Executive Council shall terminate on
October 1, 2023.
(d) Annual Briefing.--Each calendar year through 2023, the chair of
the Executive Council shall provide a briefing to the congressional
committees of jurisdiction on the effectiveness of the Administration's
Compliance Program in meeting the stated goals and purpose of the
program and the activities of the office described in subsection (b),
including any reports and recommendations made by the office during the
preceding calendar year.
SEC. 24. SETTLEMENT AGREEMENT.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should fully exercise all rights and pursue all remedies
available to the Administrator under any settlement agreement between
the Administration and the holder of a type certificate and production
certificate for transport airplanes executed on December 18, 2015,
including a demand for full payment of any applicable civil penalties
deferred under such agreement, if the Administrator concludes that such
holder has not fully performed all obligations incurred under such
agreement.
(b) Congressional Briefing.--Not later than February 1, 2021, and
every 6 months thereafter until a certificate holder described in
subsection (a) has fully performed all obligations incurred by such
certificate holder under such settlement agreement, the Administrator
shall brief the congressional committees of jurisdiction on action
taken consistent with subsection (a).
SEC. 25. HUMAN FACTORS.
(a) Aircraft Certification Process.--
(1) Evaluation.--Not later than 18 months after the date of
enactment of this Act, the Administrator (acting through the
Associate Administrator for Aviation Safety of the
Administration) shall--
(A) conduct an evaluation of the development of
tools and methods to support the integration of human
factors assessment and system safety assessments of
human interaction with flight deck and flight control
systems for transport airplanes into the aircraft
certification process under section 44704 of title 49,
United States Code; and
(B) develop a framework to better integrate human
factors throughout such aircraft certification process
with the objective of improving safety by designing
systems and training pilots in a manner that accounts
for contemporary knowledge to reduce the possibility of
an accident resulting in whole or in part from the
pilot's interaction with the aircraft.
(2) Report to congress.--Not later than 60 days after the
completion of the evaluation required under paragraph (1), the
Administrator shall submit to Congress a report detailing the
findings of such report and a plan for implementation based on
such findings of such report.
(3) Implementation.--Upon submission of the report required
under paragraph (2), the Administrator shall implement the
findings of such evaluation.
(b) Human Factors Education Program.--
(1) In general.--The Administrator shall develop a human
factors education program that addresses the effects of modern
flight deck systems, including automated systems, on human
performance for transport airplanes and the approaches for
better integration of human factors in aircraft design and
certification.
(2) Target audience.--The human factors education program
shall be integrated into the training protocol in existence as
of the date of the enactment of this Act such that such program
is routinely administered to the following:
(A) Appropriate employees within the Flight
Standards Service.
(B) Appropriate employees within the Aircraft
Certification Service.
(C) Other employees or authorized representatives
determined to be necessary by the Administrator.
(c) Transport Airplane Manufacturer Information Sharing.--The
Administrator shall--
(1) require each transport airplane manufacturer to provide
the Administrator with the information or findings necessary
for flight crew to be trained on flight deck systems;
(2) ensure the information or findings under paragraph (1)
adequately includes consideration of human factors; and
(3) ensure that each transport airplane manufacturer
identifies any technical basis, justification or rationale for
the information and findings under paragraph (1).
SEC. 26. TECHNICAL CORRECTIONS.
Section 46301 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A) by striking ``(except sections
44717 and 44719-44723)'' and inserting ``(except sections
44704(a)(6), 44704(e)(4), 44717, and 44719-44723)'';
(2) in subsection (a)(5)(A) by striking ``(except sections
44717-44723)'' and inserting ``(except sections 44704(a)(6),
44704(e)(4), and 44717-44723)'';
(3) in subsection (d)(2) by striking ``(except sections
44717 and 44719-44723)'' and inserting ``(except sections
44704(a)(6), 44704(e)(4), 44717, and 44719-44723)''; and
(4) in subsection (f)(1)(A)(i) by striking ``(except
sections 44717 and 44719-44723)'' and inserting ``(except
sections 44704(a)(6), 44704(e)(4), 44717, and 44719-44723)''.
SEC. 27. DEFINITIONS.
In this Act:
(1) Administration; faa.--The terms ``Administration'' and
``FAA'' mean the Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(3) Organization designation authorization.--The term
``organization designation authorization'' has the same meaning
given such term in section 44736 of title 49, United States
Code.
(4) Congressional committees of jurisdiction.--The term
``congressional committees of jurisdiction'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(5) Human factors.--The term ``human factors'' means a
multidisciplinary set of principles developed to holistically
explain and predict pilot behavior in relation to the
management of the operation of an aircraft, including the
pilot's management of aircraft systems and response to systems
failures and non-normal conditions.
(6) Transport airplane.--The term ``transport airplane''
means a transport-category airplane designed for operation by
an air carrier or foreign air carrier type-certificated with a
passenger seating capacity of 30 or more or an all-cargo or
combi derivative of such an airplane.
(7) Type certificate.--The term ``type certificate''--
(A) means a type certificate issued pursuant to
section 44704(a) of title 49, United States Code, or an
amendment to such certificate; and
(B) does not include a supplemental type
certificate issued under section 44704(b) of such
section.
Passed the House of Representatives November 17, 2020.
Attest:
Clerk.
116th CONGRESS
2d Session
H. R. 8408
_______________________________________________________________________
AN ACT
To direct the Administrator of the Federal Aviation Administration to
require certain safety standards relating to aircraft, and for other
purposes.