[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3337 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3337

 To amend title 49, United States Code, to require more accountability 
            in the airline industry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2020

Mr. Blumenthal (for himself, Mr. Markey, and Mr. Udall) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to require more accountability 
            in the airline industry, 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; DEFINITION.

    (a) Short Title.--This Act may be cited as the ``Restoring Aviation 
Accountability Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; definition.
Sec. 2. Compensation and bonus accountability.
Sec. 3. Independent aircraft type certificate review panel.
Sec. 4. Increased and targeted oversight of organization designation 
                            authorizations.
Sec. 5. Domestic and international aircraft sales.
Sec. 6. Whistleblower incentives and protections.
Sec. 7. Additional requirements for organization designation 
                            authorizations.
Sec. 8. Preserving FAA control of delegation oversight authority.
Sec. 9. Operational suitability of the design.
Sec. 10. Flight simulator training.
Sec. 11. Commission on improving the Organization Designation 
                            Authorization program.
Sec. 12. Implementation of recommendations of the Boeing 737 MAX Flight 
                            Control System Joint Authorities Technical 
                            Review (JATR).
    (c) Definition.--In this Act, the term ``Administrator'' means the 
Administrator of the Federal Aviation Administration.

SEC. 2. COMPENSATION AND BONUS ACCOUNTABILITY.

    (a) FAA Appointees, Executives, and Senior Professionals.--Section 
40122(c) of title 49, United States Code, is amended--
            (1) in the subsection heading, by striking ``Restriction'' 
        and inserting ``restrictions'';
            (2) by striking ``No officer'' and inserting the following:
            ``(1) In general.--No officer''; and
            (3) by adding at the end the following:
            ``(2) Executive compensation.--Not later than 180 days 
        after the date of enactment of this paragraph, the 
        Administrator shall revise the Executive Compensation Plan to 
        ensure that no pay, bonus, or other compensation for an officer 
        or employee of the Administration subject to such Plan is 
        contingent on delivery of airplanes, the number of aircraft 
        certified, or the number of audits completed.''.
    (b) ODA Unit Members.--Section 44736(a) of title 49, United States 
Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``paragraph (3)'' and inserting ``paragraphs 
        (3) and (4)''; and
            (2) by adding at the end the following:
            ``(4) ODA unit performance standards.--The procedures 
        manual for any ODA holder, whether approved by the 
        Administrator before, on, or after the date of enactment of the 
        Restoring Aviation Accountability Act of 2020, shall be deemed 
        to be not approved, unless, not later than 180 days after the 
        date of enactment of this paragraph, the ODA holder certifies 
        to the Administrator that the procedures manual the ODA holder 
        operates under prohibits delivery of airplanes from being a 
        performance standard for any individual who is a member of an 
        ODA unit.''.

SEC. 3. INDEPENDENT AIRCRAFT TYPE CERTIFICATE REVIEW PANEL.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue interim final 
regulations under title 14, Code of Federal Regulations, establishing 
an independent aircraft type certificate review panel (in this section 
referred to as the ``panel'') that meets the requirements of this 
section.
    (b) Membership.--The panel membership shall include 18 
representatives, including--
            (1) 5 members who are aviation safety professionals, at 
        least 2 of whom are members of a nonprofit pilot labor 
        organization (which may include a labor organization 
        representing pilots for cargo and passenger air carriers 
        operating under part 121 of title 14, Code of Federal 
        Regulations) and at least 1 of whom is a member of a nonprofit 
        flight attendant labor organization (which may include an 
        authorized representative for flight attendants of passenger 
        air carriers operating under part 121 of title 14, Code of 
        Federal Regulations);
            (2) 4 members who are Federal Aviation Administration 
        Aviation Safety Inspectors or collective bargaining 
        representatives of such inspectors;
            (3) 3 members who are pilots responsible for setting 
        training standards and flight operational procedures at the 
        airlines intending to operate the aircraft being reviewed and 
        that employ them;
            (4) 3 members who are frontline maintenance aviation 
        inspector professionals from a nonprofit labor organization; 
        and
            (5) 3 members who represent the covered manufacturers.
    (c) Duties.--The panel shall--
            (1) review each aircraft type certificate issued after the 
        date of enactment of this Act by the Administrator every 5 
        years after the date of the issuance or review of the 
        certificate, as applicable;
            (2) review any amendment to an existing type certificate 
        made after the date of enactment of this Act; and
            (3) not later than 6 months after each such review, issue a 
        recommendation regarding whether an application for a new 
        aircraft type certificate should be submitted to the 
        Administrator as a result of changes or proposed changes in the 
        design, power, thrust, or weight of the aircraft (regardless of 
        how extensive).
    (d) New Application Required.--If, after review of a type 
certificate application for a covered aircraft, the panel recommends to 
the Administrator that the covered manufacturer of the covered aircraft 
should apply for a new type certificate, and the Administrator accepts 
the recommendation, the type certificate so reviewed shall no longer be 
considered airworthy as of the date the Administrator accepts the 
recommendation and any further operation of the covered aircraft shall 
be unlawful until a new type certificate is issued for the covered 
aircraft.
    (e) Publication of Recommendation Results.--The Administrator shall 
make the recommendations produced under this section available to the 
public in a searchable, sortable, and downloadable format through the 
internet website of the Federal Aviation Administration or other 
appropriate methods and shall ensure that the data are made available 
in a manner that--
            (1) does not provide identifying information regarding an 
        individual or entity; and
            (2) prevents inappropriate disclosure of proprietary 
        information.
    (f) Definitions.--In this section:
            (1) Covered aircraft.--The term ``covered aircraft'' means 
        a transport-category aircraft operating under a type 
        certificate issued under part 121 or 135, or both, of title 14, 
        Code of Federal Regulations.
            (2) Covered manufacturer.--The term ``covered 
        manufacturer'' means an entity that manufactures or otherwise 
        produces aircraft and holds a production certificate under 
        section 44704(c) of title 49, United States Code.

SEC. 4. INCREASED AND TARGETED OVERSIGHT OF ORGANIZATION DESIGNATION 
              AUTHORIZATIONS.

    (a) In General.--Section 44736(b)(3)(C) of title 49, United States 
Code, is amended by inserting ``that includes a comprehensive, 
independent audit of ODA practices, as well as a review of 
recommendations and actions of the organization management team 
responsible for overseeing the ODA holder and of safety management 
initiatives, at least once every 3 years, regardless of the length of 
time an entity has been an authorized ODA holder'' before the 
semicolon.
    (b) Public Availability of Audits and Reviews.--Section 44736(b) of 
title 49, United States Code, is amended by adding at the end the 
following:
            ``(4) Publication of audit and review results.--Not later 
        than 30 days after the completion of each audit and review 
        conducted in accordance with paragraph (3)(C), the 
        Administrator shall submit the results of the audit and review 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.''.

SEC. 5. DOMESTIC AND INTERNATIONAL AIRCRAFT SALES.

    (a) Aircraft Certification.--
            (1) Requirement.--As part of the aircraft certification 
        process for any aircraft sold after the date of enactment of 
        this Act, the Administrator--
                    (A) shall require covered manufacturers to submit 
                information regarding whether an aircraft is going to 
                be sold to a domestic or foreign air carrier, including 
                the potential need for additional training materials, 
                operating and maintenance procedures, simulator 
                training, minimum flight experience requirements in a 
                transport category aircraft, or modifications to the 
                airplane manual as a result of the sale to the air 
                carrier, the countries in which the aircraft is 
                expected to be operated during the first 5 years after 
                such sale, or both; and
                    (B) shall not deem sellable any aircraft sold after 
                the date of enactment of this Act until the 
                Administrator has determined, based on the information 
                submitted in accordance with subparagraph (A), that all 
                necessary additional training materials, operating and 
                maintenance procedures, simulator training, minimum 
                flight experience requirements in a transport category 
                aircraft, or modifications to the airplane manual will 
                be provided by the covered manufacturer as part of the 
                sale of the aircraft to the air carrier.
            (2) Rulemaking.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator shall issue interim 
        final regulations that implement the requirements of this 
        section.
    (b) Flight Standardization Board Standards.--Not later than 180 
days after the date of enactment of this Act, the Administrator shall 
petition the International Civil Aviation Organization to require that 
the country in which an aircraft is granted an initial flight 
certificate shall be the lead country for purposes of setting the 
Flight Standardization Board standards for the aircraft.
    (c) Required Compliance With Applicable International Safety 
Standards.--An aircraft that is manufactured in the United States may 
not be sold after the date of enactment of this Act to a foreign air 
carrier unless the Administrator has determined, through an assessment 
under the International Aviation Safety Assessment (IASA) program, that 
such country is in compliance with safety standards established by the 
International Civil Aviation Organization (ICAO).
    (d) Definitions.--In this section:
            (1) Air carrier.--The term has the meaning given that term 
        in paragraph (2) of section 40102 of title 49, United States 
        Code, and includes a foreign air carrier, as defined in 
        paragraph (21) of such section.
            (2) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in paragraph (6) of section 40102 of title 49, United 
        States Code.
            (3) Covered manufacturer.--The term ``covered 
        manufacturer'' means an entity that manufactures or otherwise 
        produces aircraft and holds a production certificate under 
        section 44704(c) of title 49, United States Code.

SEC. 6. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.

    Section 42121 of title 49, United States Code, is amended--
            (1) in subsection (b)(2), by adding at the end the 
        following:
                    ``(C) Judicial cause of action.--If the Secretary 
                has not issued a final decision within 180 days of the 
                filing of the complaint and there is no showing that 
                such delay is due to the bad faith of the complainant, 
                a person may seek relief by bringing an action at law 
                or equity for de novo review in the appropriate 
                district court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy. Such an action shall, at the 
                request of either party to the action, be tried by the 
                court with a jury.''; and
            (2) by adding at the end the following:
    ``(f) Application to Other Individuals.--The whistleblower 
protections afforded under the preceding subsections of this section 
shall apply to the following individuals in the same manner and to the 
same extent as such protections apply to an employee described in 
subsection (a):
            ``(1) Employees, contractors, and subcontractors of any 
        entity that manufactures or otherwise produces aircraft and 
        holds a production certificate under section 44704(c) of title 
        49, United States Code.
            ``(2) Employees, contractors, and subcontractors of any 
        repair station operating under part 145 of title 14, United 
        States Code.
            ``(3) Employees, contractors, and subcontractors of the 
        Federal Aviation Administration.
    ``(g) Application of Motor Vehicle Safety Incentives and 
Protections.--The incentives and protections afforded under section 
30172 to an employee or contractor of a motor vehicle manufacturer, 
part supplier, or dealership shall apply in the same manner and to the 
same extent to individuals described in subsections (a) and (f) of this 
section.
    ``(h) Rights Retained by Employee.--Nothing in this section shall 
be deemed to diminish the rights, privileges, or remedies of any 
employee under any Federal or State law, or under any collective 
bargaining agreement.
    ``(i) Nonenforceability of Certain Provisions Waiving Rights and 
Remedies or Requiring Arbitration of Disputes.--
            ``(1) Waiver of rights and remedies.--The rights and 
        remedies provided for in this section may not be waived by any 
        agreement, policy form, or condition of employment, including 
        by a predispute arbitration agreement.
            ``(2) Predispute arbitration agreements.--No predispute 
        arbitration agreement shall be valid or enforceable, if the 
        agreement requires arbitration of a dispute arising under this 
        section.''.

SEC. 7. ADDITIONAL REQUIREMENTS FOR ORGANIZATION DESIGNATION 
              AUTHORIZATIONS.

    (a) Issuance of Certificates.--
            (1) In general.--Section 44702(d) of title 49, United 
        States Code, is amended--
                    (A) in paragraph (1), by striking subparagraph (B) 
                and by inserting the following:
                    ``(B) any other matter relating to issuing the 
                certificate other than the final authority for 
                approving the issuing of the certificate.''; and
                    (B) by adding at the end the following:
    ``(4) An employee of a qualified private person may not be provided 
a delegation under paragraph (1) unless that employee has first been 
approved by the Administrator (under a process determined appropriate 
by the Administrator).
    ``(5) A qualified private person or a delegated employee of a 
qualified private person (as applicable) shall sign, under penalty of 
perjury, each certificate issued under paragraph (1)(B) by that person 
or employee.''.
            (2) Clarification.--The amendments made by paragraph (1) 
        shall have no effect on any certificate issued prior to the 
        date of the enactment of this Act by a private person, or an 
        employee under the supervision of that person, pursuant to such 
        section 44702(d).
    (b) Other Functions.--Section 44736(a) of title 49, United States 
Code, as amended by section 2(b), is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``and (4)'' and inserting ``, (4), and (5)''; 
        and
            (2) by adding at the end the following:
            ``(5) Additional requirements.--In overseeing any ODA 
        holder, regardless of whether the ODA holder operates under a 
        procedures manual approved by the Administrator before, on, or 
        after the date of enactment of the Restoring Aviation 
        Accountability Act of 2020, the Administrator shall--
                    ``(A) identify and establish prerequisites, such as 
                minimum work experience, education, and license 
                requirements, for members of ODA units for each 
                delegated function;
                    ``(B) require that, in order to be approved to be a 
                member of an ODA unit, an individual must be nominated 
                by the individual's employer to serve as a delegated 
                representative of the FAA and under the direction of 
                the FAA in a specific field or skill code and the 
                nomination must identify the unique skill, education, 
                and work experience that the employer believes uniquely 
                qualifies the individual to serve as a delegated FAA 
                representative for that field or skill code;
                    ``(C) not approve any individual as a delegated FAA 
                representative for a function unless the individual 
                meets the prerequisites established by the 
                Administrator for that function;
                    ``(D) provide specific training to the individuals 
                approved to serve as a delegated representative of the 
                FAA in a specific field or skill code that explains the 
                individual's role and responsibility and limits of 
                authority when acting as a delegated FAA 
                representative;
                    ``(E) be the final authority for any type 
                certificate issuance; and
                    ``(F) not delegate final authority for any type 
                certificate issuance.''.
    (c) Cost Recovery Matrix.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        study, develop, and submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a proposed cost recovery matrix that may be 
        applied to any company or organization seeking product type 
        certification from the Administrator.
            (2) Public comment period required.--Before developing the 
        proposed cost recovery matrix required under paragraph (1), the 
        Secretary of Transportation shall provide a 90-day period for 
        public comment on the proposed development of such a matrix.

SEC. 8. PRESERVING FAA CONTROL OF DELEGATION OVERSIGHT AUTHORITY.

    Section 44736(a) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) delegate to the ODA holder the functions to 
                be performed as specified in the procedures manual, 
                unless the Administrator determines that the public 
                interest and safety of air commerce requires a 
                limitation with respect to 1 or more of the functions; 
                and'';
                    (B) in subparagraph (C), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (D); and
            (2) in paragraph (3)--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) delegate to the ODA holder the functions to 
                be performed as specified in the procedures manual, 
                unless the Administrator determines that the public 
                interest and safety of air commerce requires a 
                limitation with respect to 1 or more of the functions; 
                and'';
                    (B) in subparagraph (C), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (D).

SEC. 9. OPERATIONAL SUITABILITY OF THE DESIGN.

    Not later than 12 months after the date of enactment of this Act, 
the Administrator shall--
            (1) evaluate and compare the efficacy of international 
        aircraft certification systems that include approval of 
        operational requirements in the certification basis for the 
        issuance of an aircraft type certificate, including the 
        approval process for such requirements under the aircraft 
        certification system of the European Union Aviation Safety 
        Agency, with the approval process for such requirements under 
        the aircraft certification system adhered to in the United 
        States; and
            (2) revise applicable regulations to the extent necessary 
        so as--
                    (A) to make the process for approval of operational 
                requirements in the certification basis for the 
                issuance of an aircraft type certificate in the United 
                States as consistent as practicable with the process 
                and requirements of international aircraft 
                certification systems; and
                    (B) to require approval of operational requirements 
                part of the certification basis for the issuance of an 
                aircraft type certificate for any U.S. State of Design 
                aircraft.

SEC. 10. FLIGHT SIMULATOR TRAINING.

    Effective on the date that is 180 days after enactment of this Act, 
the Administrator shall be prohibited from granting an exemption for 
the use of a non-motion training device to replace a full motion 
simulator for validation, qualification, checking, or evaluation 
events, and significant training leading up these events, under part 60 
of title 14, Code of Federal Regulations.

SEC. 11. COMMISSION ON IMPROVING THE ORGANIZATION DESIGNATION 
              AUTHORIZATION PROGRAM.

    (a) In General.--No later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation (in this section referred 
to as the ``Secretary)'' shall establish a commission that shall study 
and make recommendations to the Secretary regarding the organization 
designation authorization program authorized under sections 44702(d) 
and 44736 of title 49, United States Code, and regulations promulgated 
thereunder (in this section referred to as the ``ODA program'').
    (b) Membership.--The commission shall be made up of representatives 
of the following organizations:
            (1) Nonprofit pilot labor organizations, including labor 
        organizations representing pilots for cargo and passenger air 
        carriers operating under part 121 of title 14, Code of Federal 
        Regulations.
            (2) Nonprofit flight attendant labor organizations, 
        including an authorized representative for flight attendants of 
        passenger air carriers operating under part 121 of title 14, 
        Code of Federal Regulations.
            (3) Federal Aviation Administration Aviation Safety 
        Inspectors or collective bargaining representatives of such 
        inspectors.
            (4) Air carriers operating under part 121 of title 14, Code 
        of Federal Regulations.
            (5) Frontline maintenance aviation inspector professionals 
        from a nonprofit labor organization.
    (c) Duties.--The commission established under this section shall--
            (1) study all aspects of the ODA program, including with 
        respect to the effectiveness of the ODA program in prioritizing 
        passenger safety;
            (2) identify and consider options for targeted improvements 
        to the ODA program or for transitioning the ODA program to an 
        alternative certification program with a more robust system of 
        oversight;
            (3) identify barriers to, and the feasibility of, 
        implementing the options identified under paragraph (2); and
            (4) develop recommendations for the Secretary based on the 
        results of the issues examined by the commission.
    (d) Report.--Not later than 1 year after the date on which the 
commission is established under this section, the commission shall 
submit to the Secretary, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Transportation and 
Infrastructure of the House of Representatives, a report on the issues 
examined by the commission that includes the recommendations developed 
under subsection (c)(4).

SEC. 12. IMPLEMENTATION OF RECOMMENDATIONS OF THE BOEING 737 MAX FLIGHT 
              CONTROL SYSTEM JOINT AUTHORITIES TECHNICAL REVIEW (JATR).

    (a) Deadlines.--The Administrator--
            (1) not later than 180 days after the date of enactment of 
        this Act, shall begin implementing each of the recommendations 
        specified in subsection (b) in accordance with the description 
        of, and explanation for, each such recommendation set forth in 
        the Boeing 737 MAX Flight Control System Observations, 
        Findings, and Recommendations of the Joint Authorities 
        Technical Review submitted to the Associate Administrator for 
        Aviation Safety, U.S. Federal Aviation Administration on 
        October 11, 2019; and
            (2) not later than every 60 days thereafter until every 
        such recommendation is fully implemented, shall submit a 
        progress report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives detailing the progress made in implementing 
        each such recommendation.
    (b) Recommendations Specified.--The recommendations specified in 
this subsection are the following:
            (1) Recommendation R2, relating to the development and use 
        of up-to-date requirements and practices, including but not 
        limited to each of the supporting recommendations R2.1 through 
        R2.10.
            (2) Recommendation R3, relating to the consistent 
        interpretation and application of requirements, including but 
        not limited to each of the supporting recommendations R3.1 
        through R3.17.
            (3) Recommendation R4, relating to changes during the 
        certification process, including but not limited to each of the 
        supporting recommendations R4.1 through R4.6.
            (4) Recommendation R5, relating to the delegation of 
        certification authority, including but not limited to each of 
        the supporting recommendations R5.1 through R5.7.
            (5) Recommendation R10, relating to the impact of product 
        design changes on flight crew training, including but not 
        limited to each of the supporting recommendations R10.1 through 
        R10.5.
            (6) Recommendation R11, relating to the impact of product 
        design changes on maintenance training, including but not 
        limited to each of the supporting recommendations R11.1 through 
        R11.2.
            (7) Recommendation R12, relating to post-certification 
        corrective actions and data sharing, including but not limited 
        to each of the supporting recommendations R12.1 through R12.4.
                                 <all>