[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3866 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3866

To amend title 49, United States Code, to improve the Federal Aviation 
    Administration's aircraft certification process, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 2, 2020

  Mr. Wicker 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 improve the Federal Aviation 
    Administration's aircraft certification process, 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.

    This Act may be cited as the ``Aircraft Safety Improvement Act of 
2020''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Safety management system for manufacturers.
Sec. 5. Best practices for Organization Designation Authorizations.
Sec. 6. Review of human factors assumptions.
Sec. 7. Human factors research plan.
Sec. 8. Certification pilot operational evaluations.
Sec. 9. Review of FAA certification expertise.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the FAA.
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
            (3) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.

SEC. 4. SAFETY MANAGEMENT SYSTEM FOR MANUFACTURERS.

    (a) Rulemaking Proceeding.--
            (1) In general.--The Administrator shall conduct a 
        rulemaking proceeding to require that manufacturers that hold 
        both a type certificate and a production certificate issued 
        pursuant to section 44704 of title 49, United States Code, 
        where the United States is the State of Design and State of 
        Manufacture, have in place a safety management system that is 
        consistent with the standards established by the International 
        Civil Aviation Organization for such systems.
            (2) Aviation rulemaking committee.--Not later than 90 days 
        after the date of enactment of this Act, the Administrator 
        shall establish an aviation rulemaking committee to make 
        recommendations on the rulemaking to be carried out under 
        paragraph (1).
    (b) Final Rule Deadline.--Not later than 24 months after 
establishing the aviation rulemaking committee under subsection (a)(2), 
the Administrator shall issue a final rule pursuant to the rulemaking 
proceeding required under subsection (a).
    (c) Surveillance and Audit Requirement.--The final rule issued 
pursuant to subsection (b) shall include a requirement for the 
Administrator to implement a documented surveillance process by 
defining and planning inspections, audits, and monitoring activities on 
a continuous basis, to ensure that design and production approval 
holders of aviation products meet and continue to meet safety 
management system requirements under the rule.

SEC. 5. BEST PRACTICES FOR ORGANIZATION DESIGNATION AUTHORIZATIONS.

    (a) In General.--Section 213 of the FAA Reauthorization Act of 2018 
(Public Law 115-254, 132 Stat. 3249) is amended--
            (1) by striking subsection (g);
            (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (3) by inserting after subsection (b), the following:
    ``(c) Best Practices Review.--In addition to conducting the survey 
required under subsection (b), the Panel shall conduct a review of all 
ODA holders to identify and develop best practices. At a minimum, the 
best practices shall address preventing and deterring instances of 
undue pressure on or by an ODA unit member, within an ODA unit, or by 
an ODA holder, or instances of perceived regulatory coziness or other 
failures to maintain independence between the FAA and an ODA holder or 
ODA unit member. In carrying out such review, the Panel shall--
            ``(1) examine other government regulated industries to 
        gather lessons learned, procedures, or processes that address 
        undue pressure of employees, perceived regulatory coziness, or 
        other failures to maintain independence;
            ``(2) identify ways to improve communications between an 
        ODA unit, ODA unit members, and FAA engineers and inspectors, 
        in order to enable direct communication of technical concerns 
        that arise during a certification project without fear of 
        reprisal to the ODA unit or ODA unit member; and
            ``(3) examine the FAA Designee Program, including the 
        assignment of FAA advisors to designees, to determine which 
        components of the program may improve the FAA's oversight of 
        ODA units, ODA unit members, and the ODA program.'';
            (4) in subsection (d) (as redesignated by paragraph (2))--
                    (A) in paragraph (5), by striking ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the results of the review conducted under subsection 
        (c).''; and
            (5) by inserting after subsection (g) (as redesignated by 
        paragraph (2)), the following:
    ``(h) Best Practices Adoption.--
            ``(1) In general.--Subject to paragraph (2), not later than 
        180 days after the date on which the Administrator receives the 
        report required under subsection (e), the Administrator shall 
        establish best practices for all ODA holders and require such 
        practices to be incorporated into each ODA holder's approved 
        procedures manual.
            ``(2) Notice and comment period.--The Administrator shall 
        publish the established best practices for public notice and 
        comment for not fewer than 60 days prior to requiring the 
        practices be incorporated into each ODA holder's approved 
        procedures manual.
    ``(i) Sunset.--The Panel shall terminate on the earlier of--
            ``(1) the date of submission of the report under subsection 
        (e); or
            ``(2) the date that is 2 years after the date on which the 
        Panel is first convened under subsection (a).''.
    (b) Procedures Manual.--Section 44736(b)(3) of title 49, United 
States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) ensure the ODA holders procedures manual 
                contains procedures and policies based on best 
                practices established by the Administrator of the FAA 
                to mitigate undue pressure and regulatory coziness or 
                other failures to maintain independence.''.

SEC. 6. REVIEW OF HUMAN FACTORS ASSUMPTIONS.

    (a) Human Factors in Certification.--Not later than 60 days after 
the date of enactment of this Act, the Administrator shall initiate a 
review and may, after such review and as necessary, revise existing 
regulations and policies, including but not limited to sections 
25.1302, 25.1309, and 25.1322 of title 14, Code of Federal Regulations, 
to integrate and emphasize human factors and human system integration, 
particularly those related to pilot and aircraft interfaces.
    (b) Review.--In carrying out subsection (a), the Administrator 
shall--
            (1) review existing assumptions on pilot recognition and 
        response as part of the certification process;
            (2) validate such assumptions with applicable human factors 
        research, and as necessary modify the existing assumptions;
            (3) ensure that when carrying out the certification of a 
        new aircraft type, including a supplemental or amended type, 
        the cumulative impact that new technologies may have on pilot 
        response are properly assessed; and
            (4) ensure that any action carried out under this 
        subsection accounts for the necessary adjustments to pilot 
        training needs.
    (c) Report.--Not later than 180 days after completing the review 
required under subsection (a), the Administrator shall submit a report 
to the appropriate committees of Congress detailing the results of the 
review and what revisions or other changes were made as a result of 
such review.

SEC. 7. HUMAN FACTORS RESEARCH PLAN.

    (a) Human Factors Research Plan.--Not later than 180 days after the 
date of enactment of this Act, the Administrator, in consultation with 
aircraft manufacturers, operators, and pilots, and in coordination with 
the Administrator of the National Aeronautics and Space Administration, 
shall develop a research plan to address the integration of human 
factors in the design and certification of transport category aircraft.
    (b) Requirements.--In developing the research plan under subsection 
(a), the Administrator shall--
            (1) establish goals for research and continuing education 
        in areas of study relevant to advancing technology, improving 
        design, engineering, and certification practices, and 
        facilitating better understanding of human factors concepts in 
        the context of the growing development and reliance on 
        automation in aircraft operations;
            (2) take into consideration and leverage any existing or 
        planned research that is conducted by or conducted in 
        partnership with the FAA; and
            (3) focus on--
                    (A) preventing a recurrence of the types of recent 
                accidents that have involved large transport category 
                airplanes designed and manufactured in the United 
                States; and
                    (B) increasingly complex aircraft systems and 
                designs.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such sums as may be necessary to 
carry out this section.

SEC. 8. CERTIFICATION PILOT OPERATIONAL EVALUATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall revise existing policies for 
manufacturers of large transport category airplanes that are expected 
to be operated for passenger air transportation under part 121 of title 
14, Code of Federal Regulations, to ensure that pilot operational 
evaluations for airplanes that are in the process of being certified 
use pilots from foreign and domestic air carriers that are expected to 
operate such airplanes.
    (b) Requirement.--The air carrier pilots used for such evaluations 
shall include a representative sample of such carriers' pilots with 
respect to levels of experience.

SEC. 9. REVIEW OF FAA CERTIFICATION EXPERTISE.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, and without duplicating any recently completed or ongoing 
reviews, the Administrator shall initiate a review of--
            (1) the inspectors, engineers, managers, and executives in 
        the FAA who are responsible for the certification of the 
        design, manufacture, and operation of transport category 
        aircraft for purposes of determining whether the FAA has the 
        expertise and capability to adequately understand the safety 
        implications of, and oversee the adoption of, new or innovative 
        technologies, materials, and procedures that designers and 
        manufacturers of such aircraft may adopt or introduce; and
            (2) the Chief Scientific and Technical Advisors program to 
        determine whether the program should be enhanced or expanded to 
        bolster and support the FAA's aircraft certification and safety 
        programs, particularly with respect to understanding the safety 
        implications of new or innovative technologies, materials, and 
        procedures, that designers and manufacturers of such aircraft 
        may adopt or introduce.
    (b) Outside Experts Permitted.--The Administrator may use experts 
outside of the FAA to conduct or assist in the review required by 
subsection (a).
    (c) Deadline for Completion.--Not later than 270 days after the 
date of enactment of this Act, the Administrator shall complete the 
review required by subsection (a).
    (d) Briefing.--Not later than 30 days after the completion of the 
review required by subsection (a), the Administrator shall brief the 
appropriate committees of Congress on the results of the review and any 
other related review. The briefing shall include the following:
            (1) An analysis of the FAA's ability to hire safety 
        inspectors, engineers, managers, executives, scientists, and 
        technical advisors, who have the requisite expertise to oversee 
        new developments in aerospace design and manufacturing.
            (2) A plan for the FAA to improve the overall expertise of 
        the FAA's personnel who are responsible for the oversight of 
        the design and manufacture of transport category aircraft.
            (3) Recommendations for such legislation, if any, as the 
        Administrator determines necessary to carry out the plan 
        required under paragraph (2).
                                 <all>