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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8408 Engrossed in House (EH)]

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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.
```