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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Aircraft Certification Reform and Accountability Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 

6 SEC. 2. SAFETY MANAGEMENT SYSTEMS. 

7 (a) IN GENERAL.—Not later than 30 days after the 

8 date of enactment of this Act, the Administrator shall ini9 tiate a rulemaking proceeding to require each person who 

10 holds both a type certificate and a production certificate 

11 issued under section 44704 of title 49, United States 

12 Code, to adopt, not later than the earlier of the date that 
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1 is 180 days after the issuance of the regulation required 

2 under this subsection or the date that is 4 years after the 

3 date of enactment of this Act, a safety management sys4 tem consistent with the standards and recommended prac5 tices contained in annex 19 to the Convention on Inter6 national Civil Aviation (61 Stat. 1180) in effect on the 

7 earlier of the date of the issuance of such regulations or 

8 the date that is 4 years after the date of enactment of 

9 this Act. 

10 (b) CONTENTS OF REGULATIONS.—The regulations 

11 issued under subsection (a) shall, at a minimum, include 

12 provisions for the Administrator’s approval of, and regular 

13 oversight of adherence to, a certificate holder’s safety 

14 management system adopted pursuant to such regula15 tions. 

16 (c) DEADLINE.—Not later than 12 months after the 

17 end of the comment period for the proposed rule issued 

18 pursuant to subsection (a), the Administrator shall issue 

19 a final rule with respect to such proposed rule. 

20 (d) SAFETY REPORTING PROGRAM.—The regulations 

21 issued under subsection (a) shall require a safety manage22 ment system to include a confidential employee reporting 

23 system through which employees can report hazards, 

24 issues, concerns, occurrences, and incidents. A reporting 

25 system under this subsection shall include provisions for 
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1 non-punitive reporting of such items by employees in a 

2 manner consistent with other confidential employee re3 porting systems administered by the Administrator. Such 

4 regulations shall also require a certificate holder described 

5 in subsection (a) to submit a summary of reports received 

6 under this subsection to the Administrator at least twice 

7 per year. 

8 (e) CODE OF ETHICS.—The regulations issued under 

9 subsection (a) shall require a safety management system 

10 to include establishment of a code of ethics applicable to 

11 all employees of a certificate holder, including officers, 

12 which clarifies that safety is the organization’s highest pri13 ority. 

14 (f) PROTECTION OF SAFETY INFORMATION.—Section 

15 44735(a) of title 49, United States Code, is amended— 

16 (1) by striking ‘‘title 5 if the report’’ and in17 serting the following: ‘‘title 5— 

18 ‘‘(1) if the report’’; 

19 (2) by striking the period at the end and insert20 ing ‘‘; or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(2) if the report, data, or other information is 

23 submitted to the Federal Aviation Administration 

24 pursuant to section 2(d) of the Aircraft Certification 

25 Reform and Accountability Act.’’. 
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1 SEC. 3. EXPERT REVIEW OF ORGANIZATION DESIGNATION 

2 AUTHORIZATIONS FOR TRANSPORT AIR3 PLANES. 

4 (a) EXPERT REVIEW.— 

5 (1) ESTABLISHMENT.—Not later than 30 days 

6 after the date of enactment of this Act, the Adminis7 trator shall convene an expert panel (in this section 

8 referred to as the ‘‘review panel’’) to review and 

9 make findings and recommendations on the matters 

10 listed in paragraph (2). 

11 (2) CONTENTS OF REVIEW.—With respect to 

12 each holder of an organization designation author13 ization for the design and production of transport 

14 airplanes, the review panel shall review the following: 

15 (A) The extent to which the holder has im16 plemented a safety culture consistent with the 

17 principles of the International Civil Aviation 

18 Organization Safety Management Manual, 

19 Fourth Edition (International Civil Aviation 

20 Organization Doc. No. 9589) or any similar 

21 successor document. 

22 (B) The effectiveness of measures insti23 tuted by the holder to instill, among employees 

24 and contractors of such holder that support or25 ganization designation authorization functions, 
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1 a commitment to safety above all other prior2 ities. 

3 (C) The holder’s capability, based on the 

4 holder’s organizational structures, requirements 

5 applicable to officers and employees of such 

6 holder, and safety culture, of making reasonable 

7 and appropriate decisions regarding functions 

8 delegated to the holder pursuant to the organi9 zation designation authorization. 

10 (D) Any other matter determined by the 

11 Administrator for which inclusion in the review 

12 would be consistent with the public interest in 

13 aviation safety. 

14 (3) COMPOSITION OF REVIEW PANEL.—The re15 view panel shall consist of— 

16 (A) 2 representatives of the National Aero17 nautics and Space Administration; 

18 (B) 2 employees of the Administration’s 

19 Aircraft Certification Service with experience 

20 conducting oversight of persons not involved in 

21 the design or production of transport airplanes; 

22 (C) 1 employee of the Administration’s 

23 Aircraft Certification Service with experience 

24 conducting oversight of persons involved in the 

25 design or production of transport airplanes; 
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1 (D) 2 employees of the Administration’s 

2 Flight Standards Service with experience in 

3 oversight of safety management systems; 

4 (E) 1 appropriately qualified representa5 tive, designated by the applicable represented 

6 organization, of each of— 

7 (i) a labor union representing airline 

8 pilots involved in both passenger and all9 cargo operations; 

10 (ii) a labor union, not selected under 

11 clause (i), representing airline pilots with 

12 expertise in the matters described in para13 graph (2); 

14 (iii) a labor union representing em15 ployees engaged in the assembly of trans16 port airplanes; 

17 (iv) the certified bargaining represent18 ative under section 7111 of title 5, United 

19 States Code, for field engineers engaged in 

20 the audit or oversight of an organization 

21 designation authorization within the Air22 craft Certification Service of the Adminis23 tration; and 
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1 (v) the certified bargaining represent2 ative for safety inspectors of the Adminis3 tration; 

4 (F) 2 independent experts who have not 

5 served as a political appointee in the Adminis6 tration and— 

7 (i) who hold either a baccalaureate or 

8 postgraduate degree in the field of aero9 space engineering or a related discipline; 

10 and 

11 (ii) who have a minimum of 20 years 

12 of relevant applied experience; 

13 (G) 4 air carrier employees whose job re14 sponsibilities include administration of a safety 

15 management system; and 

16 (H) 4 individuals representing 4 different 

17 holders of organization designation authoriza18 tions, with preference given to individuals rep19 resenting holders of organization designation 

20 authorizations for the design or production of 

21 aircraft other than transport airplanes or for 

22 the design or production of aircraft engines, 

23 propellers, or appliances. 

24 (4) RECOMMENDATIONS.—The review panel 

25 shall make recommendations to the Administrator 
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1 regarding suggested actions to address any defi2 ciencies found after review of the matters listed in 

3 paragraph (2). 

4 (5) REPORT.— 

5 (A) SUBMISSION.—Not later than 270 

6 days after the date on which the review panel 

7 is established, the review panel shall transmit to 

8 the Administrator and the congressional com9 mittees of jurisdiction a report containing the 

10 findings and recommendations of the review 

11 panel regarding the matters listed in paragraph 

12 (2), except that such report shall include— 

13 (i) only such findings endorsed by 10 

14 or more individual members of the review 

15 panel; and 

16 (ii) only such recommendations de17 scribed in paragraph (4) endorsed by 18 or 

18 more of the individual members of the re19 view panel. 

20 (B) DISSENTING VIEWS.—In submitting 

21 the report required under this paragraph, the 

22 review panel shall append to such report the 

23 dissenting views of any individual member or 

24 group of members of the review panel regarding 
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1 the findings or recommendations of the review 

2 panel. 

3 (C) PUBLICATION.—Not later than 5 days 

4 after receiving the report under subparagraph 

5 (A), the Administrator shall publish such re6 port, including any dissenting views appended 

7 to the report, on the website of the Administra8 tion. 

9 (D) TERMINATION.—The review panel 

10 shall terminate upon submission of the report 

11 under subparagraph (A). 

12 (6) ADMINISTRATIVE PROVISIONS.— 

13 (A) ACCESS TO INFORMATION.—The re14 view panel shall have authority to perform the 

15 following actions if a majority of the total num16 ber of review panel members consider each ac17 tion necessary and appropriate: 

18 (i) Entering onto the premises of an 

19 organization designation authorization 

20 holder described in subsection (a) for ac21 cess to and inspection of records or other 

22 purposes. 

23 (ii) Notwithstanding any other provi24 sion of law, accessing and inspecting 

25 unredacted records in the possession of an 
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1 employee or appointed political official of 

2 the Administration. 

3 (iii) Interviewing employees of such 

4 organization designation authorization 

5 holder or the Administration as necessary 

6 for the panel to complete its work. 

7 (B) DISCLOSURE OF FINANCIAL INTER8 ESTS.—Each individual serving on the review 

9 panel shall disclose to the Administrator any fi10 nancial interest held by such individual, or a 

11 spouse or dependent of such individual, in a 

12 business enterprise engaged in the design or 

13 production of transport airplanes, aircraft en14 gines designed for transport airplanes, or major 

15 systems, components, or parts thereof. The Ad16 ministrator shall publicly post such disclosure 

17 on the website of the Administration in a de18 identified form. 

19 (C) PROTECTION OF PROPRIETARY INFOR20 MATION; TRADE SECRETS.— 

21 (i) MARKING.—The custodian of a 

22 record accessed under subparagraph (A) 

23 may mark such record as proprietary or 

24 containing a trade secret. A marking under 

25 this subparagraph shall not be dispositive 
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1 with respect to whether such record con2 tains any information subject to legal pro3 tections from public disclosure. 

4 (ii) NONDISCLOSURE FOR NON-FED5 ERAL GOVERNMENT PARTICIPANTS.— 

6 (I) NON-FEDERAL GOVERNMENT

7 PARTICIPANTS.—Prior to partici8 pating on the review panel, each indi9 vidual serving on the review panel rep10 resenting a non-Federal entity, includ11 ing a labor union, shall execute an 

12 agreement with the Administrator in 

13 which the individual shall be prohib14 ited from disclosing at any time, ex15 cept as required by law, to any per16 son, foreign or domestic, any non-pub17 lic information made accessible to the 

18 panel under subparagraph (A). 

19 (II) FEDERAL EMPLOYEE PAR20 TICIPANTS.—Federal employees serv21 ing on the review panel as representa22 tives of the Federal Government and 

23 who are required to protect propri24 etary information and trade secrets 

25 under section 1905 of title 18, United 
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1 States Code, shall not be required to 

2 execute agreements under this sub3 paragraph. 

4 (iii) PROTECTION OF VOLUNTARILY

5 SUBMITTED SAFETY INFORMATION.—Infor6 mation subject to protection from disclo7 sure by the Administration in accordance 

8 with sections 40123 and 44735 of title 49, 

9 United States Code, is deemed voluntarily 

10 submitted to the Administration under 

11 such sections when shared with the review 

12 panel and retains its protection from dis13 closure (including protection under section 

14 552(b)(3) of title 5, United States Code). 

15 The custodian of a record subject to such 

16 protection may mark such record as sub17 ject to statutory protections. A marking 

18 under this subparagraph shall not be dis19 positive with respect to whether such 

20 record contains any information subject to 

21 legal protections from public disclosure. 

22 Members of the review panel will protect 

23 voluntarily submitted safety information 

24 and other otherwise exempt information to 

25 the extent permitted under applicable law. 
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1 (iv) PROTECTION OF PROPRIETARY

2 INFORMATION AND TRADE SECRETS.— 

3 Members of the review panel will protect 

4 proprietary information, trade secrets, and 

5 other otherwise exempt information to the 

6 extent permitted under applicable law. 

7 (v) RESOLVING CLASSIFICATION OF

8 INFORMATION.—If the review panel and an 

9 organization designation authorization 

10 holder subject to review under this section 

11 disagree as to the proper classification of 

12 information described in this subpara13 graph, then the deputy chief counsel of the 

14 Administration shall determine the proper 

15 classification of such information and 

16 whether such information will be redacted. 

17 (D) APPLICABLE LAW.—Public Law 92– 

18 463 shall not apply to the panel established 

19 under this subsection. 

20 (E) FINANCIAL INTEREST DEFINED.—In 

21 this paragraph, the term ‘‘financial interest’’— 

22 (i) excludes securities held in an index 

23 fund; and 

24 (ii) includes— 
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1 (I) any current or contingent 

2 ownership, equity, or security interest; 

3 (II) an indebtedness or com4 pensated employment relationship; or 

5 (III) any right to purchase or ac6 quire any such interest, including a 

7 stock option or commodity future. 

8 (b) FAA AUTHORITY.— 

9 (1) IN GENERAL.—After reviewing the findings 

10 of the review panel submitted under subsection 

11 (a)(5), the Administrator may limit, suspend, or ter12 minate an organization designation authorization 

13 subject to review under this section. 

14 (2) REINSTATEMENT.—The Administrator may 

15 condition reinstatement of a limited, suspended, or 

16 terminated organization designation authorization on 

17 the holder’s implementation of any corrective actions 

18 determined necessary by the Administrator. 

19 (3) RULE OF CONSTRUCTION.—Nothing in this 

20 subsection shall be construed to limit the Adminis21 trator’s authority to take any action with respect to 

22 an organization designation authorization, including 

23 limitation, suspension, or termination of such au24 thorization. 
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1 (c) ORGANIZATION DESIGNATION AUTHORIZATION

2 PROCESS IMPROVEMENTS.—Not later than 1 year after 

3 receipt of the recommendations submitted under sub4 section (a)(5), the Administrator shall— 

5 (1) report to the congressional committees of 

6 jurisdiction on— 

7 (A) whether the Administrator has con8 cluded that such holder is able to safely and re9 liably perform all delegated functions in accord10 ance with all applicable provisions of chapter 

11 447 of title 49, United States Code, title 14, 

12 Code of Federal Regulations, and other orders 

13 or requirements of the Administrator, and, if 

14 not, the Administrator shall outline— 

15 (i) the risk mitigations or other cor16 rective actions, including the implementa17 tion timelines of such mitigations or ac18 tions, the Administrator has established 

19 for or required of such holder as pre20 requisites for a conclusion by the Adminis21 trator under subparagraph (A); or 

22 (ii) the status of any ongoing inves23 tigatory actions; and 
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1 (B) the status of implementation of each 

2 of the recommendations of the review panel, if 

3 any, with which the Administrator concurs; and 

4 (2) report to the congressional committees of 

5 jurisdiction on— 

6 (A) the status of procedures under which 

7 the Administrator will conduct focused over8 sight of such holder’s processes for performing 

9 delegated functions with respect to the design 

10 of new and derivative transport airplanes and 

11 the production of such airplanes; and 

12 (B) the Administrator’s efforts, to the 

13 maximum extent practicable and subject to ap14 propriations, to increase the number of engi15 neers, inspectors, and other qualified technical 

16 experts, as necessary to fulfill the requirements 

17 of this section, in— 

18 (i) each office of the Administration 

19 responsible for dedicated oversight of such 

20 holder; and 

21 (ii) the System Oversight Division, or 

22 any successor division, of the Aircraft Cer23 tification Service. 

24 (d) NON-CONCURRENCE WITH RECOMMENDA25 TIONS.—Not later than 6 months after receipt of the rec-
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1 ommendations submitted under subsection (a)(5), with re2 spect to each recommendation of the review panel with 

3 which the Administrator does not concur, if any, the Ad4 ministrator shall publish on the website of the Administra5 tion and submit to the congressional committees of juris6 diction a detailed explanation as to why, including if the 

7 Administrator believes implementation of such rec8 ommendation would not improve aviation safety. 

9 SEC. 4. CERTIFICATION OVERSIGHT STAFF. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Administrator 

12 $27,000,000 for each of fiscal years 2021 through 2023 

13 to recruit and retain engineers, safety inspectors, human 

14 factors specialists, and software and cybersecurity experts 

15 and other qualified technical experts who perform duties 

16 related to the certification of aircraft, aircraft engines, 

17 propellers, and appliances. 

18 (b) RECRUITMENT AND RETENTION.— 

19 (1) BARGAINING UNITS.—Not later than 30 

20 days after the date of enactment of this Act, the Ad21 ministrator shall begin collaboration with the exclu22 sive bargaining representatives of engineers, safety 

23 inspectors, systems safety specialists, and other 

24 qualified technical experts certified under section 

25 7111 of title 5, United States Code, to improve re-
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1 cruitment of employees for, and to implement reten2 tion incentives for employees holding, positions with 

3 respect to the certification of aircraft, aircraft en4 gines, propellers, and appliances. If the Adminis5 trator and such representatives are unable to reach 

6 an agreement collaboratively, the Administrator and 

7 such representatives shall negotiate in accordance 

8 with section 40122(a) of title 49, United States 

9 Code, to improve recruitment and implement reten10 tion incentives for employees described in subsection 

11 (a) who are covered under a collective bargaining 

12 agreement. 

13 (2) OTHER EMPLOYEES.—Notwithstanding any 

14 other provision of law, not later than 30 days after 

15 the date of enactment of this Act, the Administra16 tion shall improve recruitment of, and implement re17 tention incentives for, any individual described in 

18 subsection (a) who is not covered under a collective 

19 bargaining agreement. 

20 (3) RULE OF CONSTRUCTION.—Nothing in this 

21 section shall be construed to vest in any exclusive 

22 bargaining representative any management right of 

23 the Administrator, as such right existed on the day 

24 before the date of enactment of this Act. 
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1 (4) AVAILABILITY OF APPROPRIATIONS.—Any 

2 action taken by the Administrator under this section 

3 shall be subject to the availability of appropriations 

4 authorized under subsection (a). 

5 SEC. 5. DISCLOSURE OF SAFETY-CRITICAL INFORMATION. 

6 (a) PROHIBITION.—Section 44704 of title 49, United 

7 States Code, is amended by striking subsection (e) and 

8 inserting the following: 

9 ‘‘(e) DISCLOSURE OF SAFETY-CRITICAL INFORMA10 TION.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding a delega12 tion described in section 44702(d), the Adminis13 trator shall require an applicant for, or holder of, a 

14 type certificate for a transport-category aircraft cov15 ered under part 25 of title 14, Code of Federal Reg16 ulations, to submit safety-critical information with 

17 respect to such aircraft to the Administrator in such 

18 form, manner, or time as the Administrator may re19 quire. Such safety-critical information shall in20 clude— 

21 ‘‘(A) any design and operational details, 

22 intended functions, and failure modes of any 

23 system that, without being commanded by the 

24 flight crew, commands the operation of any 

25 safety-critical function or feature required for 
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1 control of an aircraft during flight or that oth2 erwise changes the flight path or airspeed of an 

3 aircraft; 

4 ‘‘(B) the design and operational details, in5 tended functions, failure modes, and mode 

6 annunciations of autopilot and autothrottle sys7 tems, if applicable; 

8 ‘‘(C) any failure or operating condition 

9 that the applicant or holder anticipates or has 

10 concluded would result in an outcome with a se11 verity level of hazardous or catastrophic, as de12 fined in the appropriate Administration air13 worthiness requirements and guidance applica14 ble to transport-category aircraft defining risk 

15 severity; 

16 ‘‘(D) any adverse handling quality that 

17 fails to meet the requirements of applicable reg18 ulations without the addition of a software sys19 tem to augment the flight controls of the air20 craft to produce compliant handling qualities; 

21 and 

22 ‘‘(E) a system safety assessment with re23 spect to a system described in subparagraph 

24 (A) or (B) or with respect to any component or 

25 other system for which failure or erroneous op-
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1 eration of such component or system could re2 sult in an outcome with a severity level of haz3 ardous or catastrophic, as defined in the appro4 priate Administration airworthiness require5 ments and guidance applicable to transport-cat6 egory aircraft defining risk severity. 

7 ‘‘(2) ONGOING COMMUNICATIONS.— 

8 ‘‘(A) NEWLY DISCOVERED INFORMA9 TION.—The Administrator shall require that an 

10 applicant for, or holder of, a type certificate 

11 disclose to the Administrator, in such form, 

12 manner, or time as the Administrator may re13 quire, any newly discovered information or de14 sign or analysis change that would materially 

15 alter any submission to the Administrator 

16 under paragraph (1). 

17 ‘‘(B) AIRCRAFT SYSTEM DEVELOPMENT

18 CHANGES.—The Administrator shall establish 

19 multiple milestones throughout the certification 

20 process at which a proposed aircraft system will 

21 be assessed to determine whether any change to 

22 such system during the certification process is 

23 such that such system should be considered 

24 novel or unusual by the Administrator. 
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1 ‘‘(3) FLIGHT MANUALS.—The Administrator 

2 shall ensure that an aircraft flight manual and a 

3 flight crew operating manual (as appropriate or ap4 plicable) for an aircraft contains a description of the 

5 operation of a system described in paragraph (1)(A) 

6 and flight crew procedures for responding to a fail7 ure or aberrant operation of such system. 

8 ‘‘(4) CIVIL PENALTY.— 

9 ‘‘(A) AMOUNT.—Notwithstanding section 

10 46301, an applicant for, or holder of, a type 

11 certificate that knowingly violates paragraph 

12 (1), (2), or (3) of this subsection shall be liable 

13 to the Administrator for a civil penalty of not 

14 more than $1,000,000 for each violation. 

15 ‘‘(B) PENALTY CONSIDERATIONS.—In de16 termining the amount of a civil penalty under 

17 subparagraph (A), the Administrator shall con18 sider— 

19 ‘‘(i) the nature, circumstances, extent, 

20 and gravity of the violation, including the 

21 length of time that such safety-critical in22 formation was known but not disclosed; 

23 and 

24 ‘‘(ii) with respect to the violator, the 

25 degree of culpability, any history of prior 
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1 violations, and the size of the business con2 cern. 

3 ‘‘(5) REVOCATION AND CIVIL PENALTY FOR IN4 DIVIDUALS.— 

5 ‘‘(A) IN GENERAL.—The Administrator 

6 shall revoke any airline transport pilot certifi7 cate issued under section 44703 held by any in8 dividual who, while acting on behalf of an appli9 cant for, or holder of, a type certificate, know10 ingly makes a false statement with respect to 

11 any of the matters described in subparagraphs 

12 (A) through (D) of paragraph (1). 

13 ‘‘(B) AUTHORITY TO IMPOSE CIVIL PEN14 ALTY.—The Administrator may impose a civil 

15 penalty under section 46301 for each violation 

16 described in subparagraph (A). 

17 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

18 this subsection shall be construed to affect or other19 wise inhibit the authority of the Administrator to 

20 deny an application by an applicant for a type cer21 tificate or to revoke a type certificate of a holder of 

22 such certificate. 

23 ‘‘(7) DEFINITION OF TYPE CERTIFICATE.—In 

24 this subsection, the term ‘type certificate’— 
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1 ‘‘(A) means a type certificate issued under 

2 subsection (a) or an amendment to such certifi3 cate; and 

4 ‘‘(B) does not include a supplemental type 

5 certificate issued under subsection (b).’’. 

6 (b) CIVIL PENALTY AUTHORITY.—Section 44704 of 

7 title 49, United States Code, is further amended by adding 

8 at the end the following: 

9 ‘‘(f) HEARING REQUIREMENT.—The Administrator 

10 may find that a person has violated subsection (a)(6) or 

11 paragraph (1), (2), or (3) of subsection (e) and impose 

12 a civil penalty under the applicable subsection only after 

13 notice and an opportunity for a hearing. The Adminis14 trator shall provide a person— 

15 ‘‘(1) written notice of the violation and the 

16 amount of penalty; and 

17 ‘‘(2) the opportunity for a hearing under sub18 part G of part 13 of title 14, Code of Federal Regu19 lations.’’. 

20 SEC. 6. PERIODIC REVIEWS OF ORGANIZATION DESIGNA21 TION AUTHORIZATIONS. 

22 Section 44736 of title 49, United States Code, is 

23 amended— 

24 (1) by redesignating subsection (c) as sub25 section (d); and 
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1 (2) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) PERIODIC REVIEWS.— 

4 ‘‘(1) IN GENERAL.—Not less than once every 7 

5 years, the Administrator shall conduct a comprehen6 sive review of the capability of each ODA holder for 

7 the design of an aircraft, aircraft engine, propeller, 

8 or appliance pursuant to a delegation by the Admin9 istrator under section 44702(d) to meet the require10 ments of subpart D of part 183 of title 14, Code of 

11 Federal Regulations, based on the holder’s organiza12 tional structures, requirements applicable to officers 

13 and employees, and safety culture. 

14 ‘‘(2) CONTENTS OF REVIEW.—A comprehensive 

15 review under this subsection shall include an assess16 ment of the effectiveness of, and organization-wide 

17 adherence to, an ODA holder’s procedures manual 

18 and voluntary safety reporting system.’’. 

19 SEC. 7. LIMITATIONS ON DELEGATION. 

20 Section 44702(d) of title 49, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(4) Notwithstanding any other provision of law, the 

23 Administrator may not delegate a matter under this sub24 section— 
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1 ‘‘(A) with respect to the certification of the de2 sign of a novel or unusual design feature that results 

3 in a major change to a type design, except when the 

4 Administrator determines— 

5 ‘‘(i) a matter is a routine task; or 

6 ‘‘(ii) during the course of the certification 

7 process, that a matter no longer relates to a 

8 novel or unusual design feature; or 

9 ‘‘(B) on the sole basis that the Federal Aviation 

10 Administration lacks a sufficient number of per11 sonnel qualified or with the requisite expertise to 

12 perform the function.’’. 

13 SEC. 8. OVERSIGHT OF ORGANIZATION DESIGNATION AU14 THORIZATION UNIT MEMBERS. 

15 (a) IN GENERAL.—Chapter 447 of title 49, United 

16 States Code, as amended by this Act, is amended by add17 ing at the end the following: 

18 ‘‘§ 44741. Approval of organization designation au19 thorization unit members 

20 ‘‘(a) IN GENERAL.—Beginning on the date that is 1 

21 year after the date of enactment of the Aircraft Certifi22 cation Reform and Accountability Act, each individual who 

23 is selected on or after such date to become a member of 

24 an ODA unit by an ODA holder engaged in the design 

25 of an aircraft, aircraft engine, propeller, or appliance and 
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1 performs an authorized function pursuant to a delegation 

2 by the Administrator of the Federal Aviation Administra3 tion under section 44702(d)— 

4 ‘‘(1) shall be an employee, a contractor, or the 

5 employee of a supplier of the ODA holder; and 

6 ‘‘(2) may not become a member of such unit 

7 unless approved by the Administrator pursuant to 

8 this section. 

9 ‘‘(b) PROCESS AND TIMELINE.— 

10 ‘‘(1) IN GENERAL.—The Administrator shall 

11 maintain an efficient process for the review and ap12 proval of an individual to become a member of an 

13 ODA unit under this section. 

14 ‘‘(2) PROCESS.—An ODA holder described in 

15 subsection (a) may submit to the Administrator an 

16 application for an individual to be approved to be17 come a member of an ODA unit under this section. 

18 The application shall be submitted in such form and 

19 manner as the Administrator determines appro20 priate. The Administrator shall require an ODA 

21 holder to submit with such an application informa22 tion sufficient to demonstrate an individual’s quali23 fications under subsection (c). 

24 ‘‘(3) TIMELINE.—The Administrator shall ap25 prove or reject an individual that is selected by an 
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1 ODA holder to become an ODA unit member under 

2 this section not later than 30 days after the receipt 

3 of an application by an ODA holder. 

4 ‘‘(4) DOCUMENTATION OF APPROVAL.—Upon 

5 approval of an individual to become a member of an 

6 ODA unit under this section, the Administrator shall 

7 provide such individual a letter confirming that such 

8 individual has been approved by the Administrator 

9 under this section to be an ODA unit member. 

10 ‘‘(5) REAPPLICATION.—An ODA holder may 

11 submit an application under this subsection for an 

12 individual to become a member of an ODA unit 

13 under this section regardless of whether an applica14 tion for such individual was previously rejected by 

15 the Administrator. 

16 ‘‘(c) QUALIFICATIONS.— 

17 ‘‘(1) IN GENERAL.—The Administrator shall 

18 issue minimum qualifications for an individual to be19 come a member of an ODA unit under this section. 

20 In issuing such qualifications, the Administrator 

21 shall consider existing qualifications for Administra22 tion employees with similar duties and whether such 

23 individual— 

24 ‘‘(A) is technically proficient and qualified 

25 to perform the authorized functions sought; 
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1 ‘‘(B) has no recent record of serious en2 forcement action, as determined by the Admin3 istrator, taken by the Administrator with re4 spect to any certificate, approval, or authoriza5 tion held by such individual; 

6 ‘‘(C) is of good moral character (as such 

7 qualification is applied to an applicant for an 

8 airline transport pilot certificate issued under 

9 section 44703); 

10 ‘‘(D) possesses the knowledge of applicable 

11 design or production requirements in this chap12 ter and in title 14, Code of Federal Regula13 tions, necessary for performance of the author14 ized functions sought; 

15 ‘‘(E) possesses a high degree of knowledge 

16 of applicable design or production principles, 

17 system safety principles, or safety risk manage18 ment processes appropriate for the authorized 

19 functions sought; and 

20 ‘‘(F) meets such testing, examination, 

21 training, or other qualification standards as the 

22 Administrator determines are necessary to en23 sure the individual is competent and capable of 

24 performing the authorized functions sought. 
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1 ‘‘(2) PREVIOUSLY REJECTED APPLICATION.—In 

2 reviewing an application for an individual to become 

3 a member of an ODA unit under this section, if an 

4 application for such individual was previously re5 jected, the Administrator shall ensure that the rea6 sons for the prior rejection have been resolved or 

7 mitigated to the Administrator’s satisfaction before 

8 making a determination on the individual’s re9 application. 

10 ‘‘(d) RESCISSION OF APPROVAL.—The Administrator 

11 may rescind an approval of an individual as a member of 

12 an ODA unit granted pursuant to this section at any time 

13 and for any reason the Administrator considers appro14 priate. The Administrator shall develop procedures to pro15 vide for notice and opportunity to appeal rescission deci16 sions made by the Administrator. Such decisions by the 

17 Administrator are not subject to judicial review. 

18 ‘‘(e) RECORDS AND BRIEFINGS.— 

19 ‘‘(1) IN GENERAL.—Beginning on the date de20 scribed in subsection (a), an ODA holder shall main21 tain, for a period to be determined by the Adminis22 trator and with proper protections to ensure the se23 curity of sensitive and personal information— 

24 ‘‘(A) any data, applications, records, or 

25 manuals required by the ODA holder’s ap-
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1 proved procedures manual, as determined by 

2 the Administrator; 

3 ‘‘(B) the names, responsibilities, qualifica4 tions, and example signature of each member of 

5 the ODA unit who performs an authorized 

6 function pursuant to a delegation by the Ad7 ministrator under section 44702(d); 

8 ‘‘(C) training records for ODA unit mem9 bers and ODA administrators; and 

10 ‘‘(D) any other data, applications, records, 

11 or manuals determined appropriate by the Ad12 ministrator. 

13 ‘‘(2) CONGRESSIONAL BRIEFING.—Not later 

14 than 90 days after the date of enactment of the Air15 craft Certification Reform and Accountability Act, 

16 and every 90 days thereafter through September 30, 

17 2023, the Administrator shall provide to the Com18 mittee on Transportation and Infrastructure of the 

19 House of Representatives and Committee on Com20 merce, Science, and Transportation of the Senate a 

21 briefing on the implementation and effects of this 

22 section, including— 

23 ‘‘(A) the Administration’s performance in 

24 completing reviews of individuals and approving 
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1 or denying such individuals within the timeline 

2 required under subsection (b)(3); 

3 ‘‘(B) for any individual rejected by the Ad4 ministrator under subsection (b) during the 

5 preceding 90-day period, the reasoning or basis 

6 for such rejection; and 

7 ‘‘(C) any resource, staffing, or other chal8 lenges within the Administration associated 

9 with implementation of this section. 

10 ‘‘(f) SPECIAL REVIEW OF QUALIFICATIONS.— 

11 ‘‘(1) IN GENERAL.—Not later than 30 days 

12 after the issuance of minimum qualifications under 

13 subsection (c), the Administrator shall initiate a re14 view of the qualifications of each individual who on 

15 the date on which such minimum qualifications are 

16 issued is a member of an ODA unit of a holder of 

17 a type certificate for a transport airplane to ensure 

18 such individual meets the minimum qualifications 

19 issued by the Administrator under subsection (c). 

20 ‘‘(2) UNQUALIFIED INDIVIDUAL.—For any indi21 vidual who is determined by the Administrator not 

22 to meet such minimum qualifications pursuant to 

23 the review conducted under paragraph (1), the Ad24 ministrator— 
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1 ‘‘(A) shall determine whether the lack of 

2 qualification may be remedied and, if so, pro3 vide such individual with an action plan or 

4 schedule for such individual to meet such quali5 fications; or 

6 ‘‘(B) may, if the Administrator determines 

7 the lack of qualification may not be remedied, 

8 take appropriate action, including prohibiting 

9 such individual from performing an authorized 

10 function. 

11 ‘‘(3) DEADLINE.— 

12 ‘‘(A) The Administrator shall complete the 

13 review required under paragraph (1) not later 

14 than 18 months after the date on which such 

15 review was initiated. 

16 ‘‘(B) If the Administrator fails to complete 

17 the review in compliance with subparagraph 

18 (A), the Secretary of Transportation shall as19 sume the responsibility for completing the re20 view. 

21 ‘‘(C) The Secretary’s completion of the re22 view under subparagraph (B)— 

23 ‘‘(i) may not be delegated to the Ad24 ministration; and 
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1 ‘‘(ii) shall be completed within 120 

2 days of the date the Secretary’s assump3 tion of responsibility following the Admin4 istrator’s failure to complete the review in 

5 compliance with subparagraph (A). 

6 ‘‘(4) SAVINGS CLAUSE.—An individual approved 

7 to become a member of an ODA unit of a holder of 

8 a type certificate for a transport airplane under sub9 section (a) shall not be subject to the review under 

10 this subsection. 

11 ‘‘(g) PROHIBITION.—The Administrator may not au12 thorize an organization or ODA holder to approve an indi13 vidual selected by an ODA holder to become an ODA unit 

14 member under this section. 

15 ‘‘(h) DEFINITIONS.— 

16 ‘‘(1) GENERAL APPLICABILITY.—The defini17 tions contained in section 44736 shall apply to this 

18 section. 

19 ‘‘(2) TRANSPORT AIRPLANE.—The term ‘trans20 port airplane’ means a transport-category airplane 

21 designed for operation by an air carrier or foreign 

22 air carrier type-certificated with a passenger seating 

23 capacity of 30 or more or an all-cargo or combi de24 rivative of such an airplane. 
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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $3,000,000 for each of fiscal years 2021 through 2023. 

4 ‘‘§ 44742. Interference with the duties of organization 

5 designation authorization unit members 

6 ‘‘(a) IN GENERAL.—The Administrator of the Fed7 eral Aviation Administration shall continuously seek to 

8 eliminate or minimize interference by an ODA holder that 

9 affects the performance of authorized functions by mem10 bers of an ODA unit. 

11 ‘‘(b) PROHIBITION.— 

12 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

13 individual who is employed by an ODA holder to 

14 commit an act of interference with an ODA unit 

15 member’s performance of authorized functions. 

16 ‘‘(2) CIVIL PENALTY.— 

17 ‘‘(A) INDIVIDUALS.—An individual shall be 

18 subject to a civil penalty under section 

19 46301(a)(1) for each violation under paragraph 

20 (1). 

21 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

22 paragraph shall be construed as limiting or con23 stricting any other authority of the Adminis24 trator to pursue an enforcement action against 

25 an individual or organization for violation of ap-
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•HR 8408 EH

1 plicable Federal laws or regulations of the Ad2 ministration. 

3 ‘‘(c) REPORTING.— 

4 ‘‘(1) REPORTS TO ODA HOLDER.—A member of 

5 an ODA unit shall promptly report any instances of 

6 interference experienced or witnessed by such mem7 ber to the office of the ODA holder that is des8 ignated to receive such reports. 

9 ‘‘(2) REPORTS TO THE FAA.— 

10 ‘‘(A) IN GENERAL.—The ODA holder of11 fice described in paragraph (1) shall submit to 

12 the office of the Administration designated by 

13 the Administrator to accept and review such re14 ports any credible instances of interference re15 ported under paragraph (1). 

16 ‘‘(B) CONTENTS.—A report to the Admin17 istration under this paragraph shall be sub18 mitted in a manner, at a time, and in a form 

19 prescribed by the Administrator. Such report 

20 shall include the results of any investigation 

21 conducted by the ODA holder in response to a 

22 report of interference, a description of any ac23 tion taken by the ODA holder as a result of the 

24 report of interference, and any other informa-
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1 tion or potentially mitigating factors the ODA 

2 holder or the Administrator deems appropriate. 

3 ‘‘(C) USE OF REPORT.—The Administrator 

4 may use the information submitted in a report 

5 under this paragraph, including the actions 

6 taken by an ODA holder in response to a report 

7 under paragraph (1), in determining whether to 

8 issue a civil penalty pursuant to subsection (b) 

9 or whether such civil penalty should be subject 

10 to a setoff or compromised. 

11 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

12 this subsection shall be construed to preclude a 

13 member of an ODA unit from reporting an instance 

14 of interference reported under paragraph (1) directly 

15 to the Administration. Each ODA holder shall pro16 vide notice to each member of such holder’s ODA 

17 unit stating that such individual may report an in18 stance of interference reported under paragraph (1) 

19 directly to the Administration. 

20 ‘‘(d) DEFINITIONS.— 

21 ‘‘(1) GENERAL APPLICABILITY.—The defini22 tions contained in section 44736 shall apply to this 

23 section. 

24 ‘‘(2) INTERFERENCE.—In this section, the term 

25 ‘interference’ means— 
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1 ‘‘(A) blatant or egregious statements or be2 havior, such as harassment, beratement, or 

3 threats, that a reasonable person would con4 clude was intended to improperly influence or 

5 prejudice an ODA unit member’s performance 

6 of his or her duties; or 

7 ‘‘(B) the presence of non-ODA unit duties 

8 or activities that conflict with the performance 

9 of authorized functions by ODA unit mem10 bers.’’. 

11 (b) LATERAL COMMUNICATIONS.— 

12 (1) CONTACT WITH ADMINISTRATION.—The 

13 Administrator shall ensure that employees of the Ad14 ministration with responsibility for aircraft certifi15 cation functions may directly contact non-managerial 

16 employees of an aircraft manufacturer for consulta17 tion regarding the certification of aircraft design, 

18 production, and other matters. 

19 (2) PROHIBITION.—It shall be a violation of 

20 section 44736(a)(2)(C) of title 49, United States 

21 Code, for a manufacturer to prohibit employees from 

22 contacting any employee of the Administration or 

23 otherwise impose any condition, restriction, or pen24 alty (including by requiring prior notice to or the ap25 proval of any supervisor or manager) with respect to 
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•HR 8408 EH

1 such contact, except that such manufacturer may in2 stitute reasonable, company-wide policies requiring 

3 documentation of communications regarding aircraft 

4 design or production between the manufacturer’s 

5 employees and Administration employees. 

6 (c) ODA PROGRAM ENHANCEMENTS.—Section 

7 44736 of title 49, United States Code, is further amend8 ed— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A) by striking 

12 the semicolon and inserting ‘‘; and’’; 

13 (ii) by striking subparagraph (B); 

14 (iii) in subparagraph (C) by striking 

15 ‘‘; and’’ and inserting a period; 

16 (iv) by striking subparagraph (D); 

17 and 

18 (v) by redesignating subparagraph (C) 

19 as subparagraph (B); and 

20 (B) in paragraph (3) by striking ‘‘shall— 

21 ’’ and all that follows through the end and in22 serting ‘‘shall conduct regular oversight activi23 ties by inspecting the ODA holder’s delegated 

24 functions and taking action based on validated 

25 inspection findings.’’; and 
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1 (2) in subsection (b)(3)— 

2 (A) in subparagraph (A)— 

3 (i) by striking clause (i) and redesig4 nating clauses (ii), (iii), and (iv) as clauses 

5 (i), (ii), and (iii), respectively; 

6 (ii) in clause (i) as redesignated by in7 serting ‘‘, as appropriate,’’ after ‘‘require’’; 

8 (iii) in clause (ii) as redesignated by 

9 inserting ‘‘, as appropriate,’’ after ‘‘re10 quire’’; and 

11 (iv) in clause (iii) as redesignated by 

12 inserting ‘‘when appropriate,’’ before 

13 ‘‘make a reassessment’’; 

14 (B) by striking subparagraph (B); 

15 (C) in subparagraph (F) by inserting ‘‘, 

16 when appropriate,’’ before ‘‘approve’’; and 

17 (D) by redesignating subparagraphs (C), 

18 (D), (E), and (F) as subparagraphs (B), (C), 

19 (D), and (E), respectively. 

20 (d) TECHNICAL CORRECTIONS.— 

21 (1) SECTION 44737.—Chapter 447 of title 49, 

22 United States Code, is further amended by redesig23 nating the second section 44737 (as added by sec24 tion 581 of the FAA Reauthorization Act of 2018) 

25 as section 44740. 
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1 (2) ANALYSIS.—The analysis for chapter 447 of 

2 title 49, United States Code, is amended— 

3 (A) by striking the item relating to the 

4 second section 44737 (as added by section 581 

5 of the FAA Reauthorization Act of 2018); and 

6 (B) by inserting after the item relating to 

7 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.’’. 

8 (3) SPECIAL RULE FOR CERTAIN AIRCRAFT OP9 ERATIONS.—Section 44740 of title 49, United States 

10 Code (as redesignated by paragraph (1)), is amend11 ed— 

12 (A) in the heading by striking the period 

13 at the end; 

14 (B) in subsection (a)(1) by striking ‘‘chap15 ter’’ and inserting ‘‘section’’; 

16 (C) in subsection (b)(1) by striking ‘‘(1)’’ 

17 the second time it appears; and 

18 (D) in subsection (c)(2) by adding a period 

19 at the end. 

20 SEC. 9. INTEGRATED PROJECT TEAMS. 

21 (a) IN GENERAL.—Upon receipt of an application for 

22 a type certificate for a new transport airplane, the Admin23 istrator shall convene an interdisciplinary integrated 
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1 project team responsible for coordinating review of such 

2 application. 

3 (b) MEMBERSHIP.—In convening an interdisciplinary 

4 integrated project team under subsection (a), the Adminis5 trator shall appoint employees of the Administration with 

6 specialized expertise and experience in the fields of engi7 neering, systems design, human factors, and pilot train8 ing, including, at a minimum— 

9 (1) not less than 1 designee of the Associate 

10 Administrator for Aviation Safety whose duty sta11 tion is in the Administration’s headquarters; 

12 (2) representatives of the Aircraft Certification 

13 Service of the Administration; 

14 (3) representatives of the Flight Standards 

15 Service of the Administration; 

16 (4) experts in the fields of human factors, aero17 dynamics, flight controls, software, and systems de18 sign; and 

19 (5) any other subject matter expert whom the 

20 Administrator determines appropriate. 

21 SEC. 10. OVERSIGHT INTEGRITY BRIEFING. 

22 Not later than 1 year after the date of enactment 

23 of this Act, the Administrator shall brief the congressional 

24 committees of jurisdiction on specific measures the Ad25 ministrator has taken to reinforce that each employee of 
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1 the Administration responsible for overseeing an organiza2 tion designation authorization with respect to the certifi3 cation of aircraft perform such responsibility in accord4 ance with safety management principles and in the public 

5 interest of aviation safety. 

6 SEC. 11. APPEALS OF CERTIFICATION DECISIONS. 

7 (a) IN GENERAL.—Section 44704, of title 49, United 

8 States Code, is further amended by adding at the end the 

9 following: 

10 ‘‘(g) CERTIFICATION DISPUTE RESOLUTION.— 

11 ‘‘(1) DISPUTE RESOLUTION PROCESS AND AP12 PEALS.— 

13 ‘‘(A) IN GENERAL.—Not later than 60 

14 days after the date of enactment of this sub15 section, the Administrator shall issue an order 

16 establishing— 

17 ‘‘(i) an effective, timely, and mile18 stone-based issue resolution process for 

19 type certification activities under sub20 section (a); and 

21 ‘‘(ii) a process by which a decision, 

22 finding of compliance or noncompliance, or 

23 other act of the Administration, with re24 spect to compliance with design require25 ments, may be appealed by a covered per-
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1 son directly involved with the certification 

2 activities in dispute on the basis that such 

3 decision, finding, or act is erroneous or in4 consistent with this chapter, regulations, or 

5 guidance materials promulgated by the Ad6 ministrator, or other requirements. 

7 ‘‘(B) ESCALATION.—The order issued 

8 under subparagraph (A) shall provide for— 

9 ‘‘(i) resolution of technical issues at 

10 pre-established stages of the certification 

11 process, as agreed to by the Administrator 

12 and the type certificate applicant; 

13 ‘‘(ii) automatic elevation to appro14 priate management personnel of the Ad15 ministration and the type certificate appli16 cant of any major certification process 

17 milestone that is not completed or resolved 

18 within a specific period of time agreed to 

19 by the Administrator and the type certifi20 cate applicant; 

21 ‘‘(iii) resolution of a major certifi22 cation process milestone elevated pursuant 

23 to clause (ii) with a specific period of time 

24 agreed to by the Administrator and the 

25 type certificate applicant; 
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1 ‘‘(iv) initial review by appropriate Ad2 ministration employees of any appeal de3 scribed in subparagraph (A)(ii); and 

4 ‘‘(v) subsequent review of any further 

5 appeal by appropriate management per6 sonnel of the Administration and the Asso7 ciate Administrator for Aviation Safety. 

8 ‘‘(C) DISPOSITION.— 

9 ‘‘(i) WRITTEN DECISION.—The Asso10 ciate Administrator for Aviation Safety 

11 shall issue a written decision on each ap12 peal submitted under subparagraph (A)(ii), 

13 stating the grounds for the decision of the 

14 Associate Administrator. 

15 ‘‘(ii) REPORT TO CONGRESS.—Not 

16 later than December 31 of each calendar 

17 year through calendar year 2025, the Ad18 ministrator shall submit to the Committee 

19 on Transportation and Infrastructure of 

20 the House of Representatives and the 

21 Committee on Commerce, Science, and 

22 Transportation of the Senate a report 

23 summarizing each appeal resolved under 

24 this subsection. 

25 ‘‘(D) FINAL REVIEW.— 
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1 ‘‘(i) IN GENERAL.—A written decision 

2 of the Associate Administrator under sub3 paragraph (C) may be appealed to the Ad4 ministrator for a final review and deter5 mination. 

6 ‘‘(ii) DECLINE TO REVIEW.—The Ad7 ministrator may decline to review an ap8 peal initiated pursuant to clause (i). 

9 ‘‘(iii) JUDICIAL REVIEW.—Notwith10 standing any other provision of law, nei11 ther a final determination of the Adminis12 trator under clause (i) nor a decision to 

13 decline to review an appeal under clause 

14 (ii) shall be subject to judicial review. 

15 ‘‘(2) PROHIBITED CONTACTS.— 

16 ‘‘(A) PROHIBITION GENERALLY.—During 

17 the course of an appeal under this subsection, 

18 no covered official may engage in an ex parte 

19 communication with an individual representing 

20 or acting on behalf of an applicant for, or hold21 er of, a certificate under this section in relation 

22 to such appeal unless such communication is 

23 disclosed pursuant to subparagraph (B). 

24 ‘‘(B) DISCLOSURE.—If, during the course 

25 of an appeal under this subsection, a covered 
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1 official engages in, receives, or is otherwise 

2 made aware of an ex parte communication, the 

3 covered official shall disclose such communica4 tion in the public record at the time of the 

5 issuance of the written decision in accordance 

6 with subsection (g)(1)(C), including the time 

7 and date of the communication, subject of com8 munication, and all persons engaged in such 

9 communication. 

10 ‘‘(3) DEFINITIONS.—In this subsection: 

11 ‘‘(A) COVERED PERSON.—The term ‘cov12 ered person’ means either— 

13 ‘‘(i) an employee of the Administra14 tion whose responsibilities relate to the cer15 tification of aircraft, engines, propellers, or 

16 appliances; or 

17 ‘‘(ii) an applicant for, or holder of, a 

18 type certificate or amended type certificate 

19 issued under this section. 

20 ‘‘(B) COVERED OFFICIAL.—The term ‘cov21 ered official’ means the following officials: 

22 ‘‘(i) The Executive Director or any 

23 Deputy Director of the Aircraft Certifi24 cation Service. 
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1 ‘‘(ii) The Deputy Executive Director 

2 for Regulatory Operations of the Aircraft 

3 Certification Service. 

4 ‘‘(iii) The Director or Deputy Director 

5 of the Compliance and Airworthiness Divi6 sion of the Aircraft Certification Service. 

7 ‘‘(iv) The Director or Deputy Director 

8 of the System Oversight Division of the 

9 Aircraft Certification Service. 

10 ‘‘(v) The Director or Deputy Director 

11 of the Policy and Innovation Division of 

12 the Aircraft Certification Service. 

13 ‘‘(vi) The Executive Director or any 

14 Deputy Executive Director of the Flight 

15 Standards Service. 

16 ‘‘(vii) The Associate Administrator or 

17 Deputy Associate Administrator for Avia18 tion Safety. 

19 ‘‘(viii) The Deputy Administrator of 

20 the Federal Aviation Administration. 

21 ‘‘(ix) The Administrator of the Fed22 eral Aviation Administration. 

23 ‘‘(x) Any similarly situated or suc24 cessor FAA management position, as de25 termined by the Administrator. 
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1 ‘‘(C) MAJOR CERTIFICATION PROCESS

2 MILESTONE.—The term ‘major certification 

3 process milestone’ means a milestone related to 

4 the type certification basis, type certification 

5 plan, type inspection authorization, issue paper, 

6 or other major type certification activity agreed 

7 to by the Administrator and the type certificate 

8 applicant. 

9 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

10 this subsection shall apply to the communication of 

11 a good-faith complaint by any individual alleging— 

12 ‘‘(A) gross misconduct; 

13 ‘‘(B) a violation of title 18; or 

14 ‘‘(C) a violation of any of the provisions of 

15 part 2635 or 6001 of title 5, Code of Federal 

16 Regulations.’’. 

17 (b) CONFORMING AMENDMENT.—Section 44704(a) 

18 is amended by striking paragraph (6). 

19 SEC. 12. EMPLOYMENT RESTRICTIONS. 

20 (a) DISQUALIFICATION BASED ON PRIOR EMPLOY21 MENT.—An employee of the Administration with super22 visory responsibility may not direct, conduct, or otherwise 

23 participate in oversight of a holder of a certificate issued 

24 under section 44704 that previously employed such em25 ployee in the preceding 1-year period. 
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1 (b) POST-EMPLOYMENT RESTRICTIONS.—Section 

2 44711(d) of title 49, United States Code, is amended to 

3 read as follows: 

4 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR IN5 SPECTORS AND ENGINEERS.— 

6 ‘‘(1) PROHIBITION.—A person holding a certifi7 cate issued under part 21 or 119 of title 14, Code 

8 of Federal Regulations, may not knowingly employ, 

9 or make a contractual arrangement that permits, an 

10 individual to act as an agent or representative of 

11 such person in any matter before the Administration 

12 if the individual, in the preceding 2-year period— 

13 ‘‘(A) served as, or was responsible for over14 sight of— 

15 ‘‘(i) a flight standards inspector of the 

16 Administration; or 

17 ‘‘(ii) an employee of the Administra18 tion with responsibility for certification 

19 functions with respect to a holder of a cer20 tificate issued under section 44704(a); and 

21 ‘‘(B) had responsibility to inspect, or over22 see inspection of, the operations of such person. 

23 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

24 For purposes of paragraph (1), an individual shall 

25 be considered to be acting as an agent or representa-
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1 tive of a certificate holder in a matter before the Ad2 ministration if the individual makes any written or 

3 oral communication on behalf of the certificate hold4 er to the Administration (or any of its officers or 

5 employees) in connection with a particular matter, 

6 whether or not involving a specific party and without 

7 regard to whether the individual has participated in, 

8 or had responsibility for, the particular matter while 

9 serving as an individual covered under paragraph 

10 (1).’’. 

11 SEC. 13. PROFESSIONAL DEVELOPMENT AND SKILLS EN12 HANCEMENT. 

13 (a) IN GENERAL.—The Administrator shall— 

14 (1) develop a program for regular recurrent 

15 training of engineers, inspectors, and other subject16 matter experts employed in the Aircraft Certification 

17 Service of the Administration in accordance with the 

18 training strategy developed pursuant to section 231 

19 of the FAA Reauthorization Act of 2018 (Public 

20 Law 115–254; 132 Stat. 3256); and 

21 (2) to the maximum extent practicable, imple22 ment measures, including assignments in multiple 

23 divisions of the Aircraft Certification Service, to en24 sure that such engineers and other subject-matter 

25 experts in the Aircraft Certification Service have ac-
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1 cess to diverse professional opportunities that ex2 pand their knowledge and skills. 

3 (b) IMPLEMENTATION.—The Administrator shall, to 

4 the maximum extent practicable, ensure that actions taken 

5 pursuant to subsection (a)— 

6 (1) permit engineers, inspectors, and other sub7 ject matter experts to continue developing knowledge 

8 of, and expertise in, new and emerging technologies 

9 in systems design, flight controls, principles of avia10 tion safety, system oversight, and certification 

11 project management; 

12 (2) minimize the likelihood of an individual de13 veloping an inappropriate bias toward a designer or 

14 manufacturer of aircraft, aircraft engines, propellers, 

15 or appliances; 

16 (3) are consistent with any applicable collective 

17 bargaining agreements; and 

18 (4) account for gaps in knowledge and skills be19 tween Administration employees and private-sector 

20 employees, as identified by the exclusive bargaining 

21 representatives certified under section 7111 of title 

22 5, United States Code, for each group of Adminis23 tration employees covered under this section. 
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1 SEC. 14. VOLUNTARY SAFETY REPORTING PROGRAM. 

2 (a) IN GENERAL.—Not later than 30 days after the 

3 date of enactment of this Act, the Administrator shall 

4 begin collaboration with the exclusive bargaining rep5 resentatives of engineers, safety inspectors, systems safety 

6 specialists, and other subject matter experts certified 

7 under section 7111 of title 5, United States Code, to im8 plement a confidential voluntary safety reporting program, 

9 in a manner that is consistent with other voluntary report10 ing programs administered by the Administrator. The pro11 gram shall include provisions addressing, at a minimum— 

12 (1) participation in all facets of the program by 

13 the exclusive bargaining representatives for employ14 ees identified in the matter preceding this para15 graph; 

16 (2) protections for frontline employees from ad17 verse employment actions related to their participa18 tion in the program; 

19 (3) identification of exclusionary criteria; and 

20 (4) creation of a corrective action process in 

21 order to address safety issues that are identified 

22 through the program. 

23 (b) NEGOTIATIONS.—If the Administrator and the 

24 representatives described in subsection (a) are unable to 

25 reach an agreement collaboratively, the Administrator and 

26 such representatives shall negotiate in accordance with 
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1 section 40122(a) of title 49, United States Code, to reach 

2 agreement on the terms and conditions of such a program. 

3 SEC. 15. COMPENSATION LIMITATION. 

4 Notwithstanding any other provision of law, an em5 ployee of the Administration may not receive an adjust6 ment to the employee’s compensation solely on the basis 

7 of the employee’s performance in meeting or exceeding a 

8 deadline related to the completion of certification func9 tions. 

10 SEC. 16. SYSTEM SAFETY ASSESSMENTS AND OTHER RE11 QUIREMENTS. 

12 (a) IN GENERAL.—Not later than 2 years after the 

13 date of enactment of this Act, the Administrator shall 

14 issue such regulations as are necessary to amend title 14, 

15 Code of Federal Regulations, and any associated advisory 

16 circular, guidance, or policy of the Administration, in ac17 cordance with this section. 

18 (b) SYSTEM SAFETY ASSESSMENTS AND OTHER RE19 QUIREMENTS.—In developing regulations under sub20 section (a), the Administrator shall— 

21 (1) require an applicant for an amended type 

22 certificate for a transport airplane to— 

23 (A) perform a system safety assessment 

24 with respect to each proposed design change 

25 that the Administrator determines is signifi-
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1 cant, with such assessment considering the air2 plane-level effects of individual errors, malfunc3 tions, or failures and realistic pilot response 

4 times to such errors, malfunctions, or failures 

5 related to such change; 

6 (B) update such assessment to account for 

7 each subsequent proposed design change that 

8 the Administrator determines is significant; and 

9 (C) provide appropriate employees of the 

10 Administration with the data and assumptions 

11 underlying each assessment and amended as12 sessment; and 

13 (2) work with other civil aviation authorities 

14 representing states of design to ensure such regula15 tions remain harmonized internationally. 

16 (c) FAA REVIEW.—Appropriate employees of the 

17 Aircraft Certification Service and the Flight Standards 

18 Service of the Administration shall review each system 

19 safety assessment required under subsection (b)(1)(A), 

20 updated assessment required under subsection (b)(1)(B), 

21 and supporting data and assumptions required under sub22 section (b)(1)(C), to ensure that each such assessment 

23 sufficiently considers the matters listed under subsection 

24 (b)(1). 
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1 SEC. 17. FLIGHT CREW ALERTING. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, the Administrator shall fully 

4 implement National Transportation Safety Board rec5 ommendations A–19–11 and A–19–12 (as contained in 

6 the safety recommendation report adopted on September 

7 9, 2019). 

8 (b) PROHIBITION.—Beginning on the date that is 2 

9 years after the date of enactment of this Act, the Adminis10 trator may not issue a type certificate for a transport-cat11 egory aircraft unless— 

12 (1) in the case of a transport airplane, such air13 plane incorporates a flight crew alerting system that, 

14 at a minimum, displays and differentiates among 

15 warnings, cautions, and advisories, and includes 

16 functions to assist the flight crew in prioritizing cor17 rective actions and responding to systems failures; or 

18 (2) in the case of a transport-category aircraft 

19 other than a transport airplane, the type certificate 

20 applicant provides a means acceptable to the Admin21 istrator to assist the flight crew in prioritizing cor22 rective actions and responding to systems failures 

23 (including by cockpit or flight manual procedures). 

24 SEC. 18. AMENDED TYPE CERTIFICATES. 

25 (a) REVIEW AND REEVALUATION OF AMENDED TYPE

26 CERTIFICATES.— 
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1 (1) INTERNATIONAL LEADERSHIP.—The Ad2 ministrator shall exercise leadership in the creation 

3 of international policies and standards relating to 

4 the issuance of amended type certificates within the 

5 group of international civil aviation authorities 

6 known as the Certificate Management Team. 

7 (2) REEVALUATION OF AMENDED TYPE CER8 TIFICATES.—In carrying out this subsection, the Ad9 ministrator shall— 

10 (A) encourage Certificate Management 

11 Team members to examine and address any rel12 evant covered recommendations (as defined in 

13 section 22) relating to the issuance of amended 

14 type certificates; 

15 (B) reevaluate existing assumptions and 

16 practices inherent in the amended type certifi17 cate process and assess whether such assump18 tions and practices are valid; and 

19 (C) ensure, to the greatest extent prac20 ticable, that Federal regulations relating to the 

21 issuance of amended type certificates are har22 monized with the regulations of other inter23 national states of design. 

24 (b) AMENDED TYPE CERTIFICATE REPORT AND

25 RULEMAKING.— 
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1 (1) REPORT ON CERTIFICATE MANAGEMENT

2 TEAM EFFORTS.—Not later than 18 months after 

3 the date of enactment of this Act, the Administrator 

4 shall submit a report to the congressional commit5 tees of jurisdiction on the efforts by the Certificate 

6 Management Team to modify and harmonize policies 

7 and regulations relating to the issuance of amended 

8 type certificates. 

9 (2) INITIATION OF ACTION.—Not later than 2 

10 years after the date of enactment of this Act, the 

11 Administrator shall revise and improve the process 

12 of issuing amended type certificates in accordance 

13 with this section. Such action may include the revi14 sion of guidance, the initiating of a rulemaking, or 

15 such other action as the Administrator determines 

16 necessary to implement this section. 

17 (3) CONTENTS.—In taking an action required 

18 under paragraph (2), the Administrator shall— 

19 (A) consider— 

20 (i) the findings and work of the Cer21 tificate Management Team and other simi22 lar international harmonization efforts; 

23 (ii) any relevant covered recommenda24 tions (as defined in section 22); and 
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1 (iii) whether a fixed time beyond 

2 which a type certificate may not be amend3 ed would improve aviation safety; and 

4 (B) establish the extent to which the fol5 lowing design characteristics should preclude 

6 the issuance of an amended type certificate: 

7 (i) A new or revised flight control sys8 tem. 

9 (ii) Any substantial changes to aero10 dynamic stability resulting from a physical 

11 change that may require a new or modified 

12 software system or control law in order to 

13 produce positive and acceptable stability 

14 and handling qualities. 

15 (iii) A flight control system or aug16 mented software to maintain aerodynamic 

17 stability in any portion of the flight enve18 lope that was not required for a previously 

19 certified derivative. 

20 (iv) A change in structural compo21 nents (other than a stretch or shrink of 

22 the fuselage) that results in a change in 

23 structural load paths or the magnitude of 

24 structural loads attributed to flight maneu25 vers or cabin pressurization. 
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1 (v) A novel or unusual system, compo2 nent, or other feature whose failure would 

3 present a hazardous or catastrophic risk. 

4 (4) DEADLINE.—The Administrator shall final5 ize the actions initiated under paragraph (2) not 

6 later than 3 years after the date of enactment of 

7 this Act. 

8 (c) INTERNATIONAL LEADERSHIP.—The Adminis9 trator shall exercise leadership within the International 

10 Civil Aviation Organization and among other civil aviation 

11 regulators representing states of aircraft design to advo12 cate for the adoption of requirements equivalent to those 

13 described in this section. 

14 SEC. 19. WHISTLEBLOWER PROTECTIONS. 

15 Section 42121 of title 49, United States Code, is 

16 amended— 

17 (1) by striking subsection (a) and inserting the 

18 following: 

19 ‘‘(a) PROHIBITED DISCRIMINATION.—A holder of a 

20 certificate under section 44704 or 44705 of this title, or 

21 contractor or subcontractor of such holder, may not dis22 charge an employee or otherwise discriminate against an 

23 employee with respect to compensation, terms, conditions, 

24 or privileges of employment because the employee (or any 

25 person acting pursuant to a request of the employee)— 
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1 ‘‘(1) provided, caused to be provided, or is 

2 about to provide (with any knowledge of the em3 ployer) or cause to be provided to the employer or 

4 Federal Government information relating to any vio5 lation or alleged violation of any order, regulation, 

6 or standard of the Federal Aviation Administration 

7 or any other provision of Federal law relating to 

8 aviation safety under this subtitle or any other law 

9 of the United States; 

10 ‘‘(2) has filed, caused to be filed, or is about to 

11 file (with any knowledge of the employer) or cause 

12 to be filed a proceeding relating to any violation or 

13 alleged violation of any order, regulation, or stand14 ard of the Federal Aviation Administration or any 

15 other provision of Federal law relating to aviation 

16 safety under this subtitle or any other law of the 

17 United States; 

18 ‘‘(3) testified or is about to testify in such a 

19 proceeding; or 

20 ‘‘(4) assisted or participated or is about to as21 sist or participate in such a proceeding.’’; 

22 (2) by striking subsection (d) and inserting the 

23 following: 

24 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA25 TIONS.—Subsection (a) shall not apply with respect to an 
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1 employee of a holder of a certificate issued under section 

2 44704 or 44705, or a contractor or subcontractor thereof, 

3 who, acting without direction from such certificate-holder, 

4 contractor, or subcontractor (or such person’s agent), de5 liberately causes a violation of any requirement relating 

6 to aviation safety under this subtitle or any other law of 

7 the United States.’’; and 

8 (3) by striking subsection (e) and inserting the 

9 following: 

10 ‘‘(e) CONTRACTOR DEFINED.—In this section, the 

11 term ‘contractor’ means— 

12 ‘‘(1) a person that performs safety-sensitive 

13 functions by contract for an air carrier or commer14 cial operator; or 

15 ‘‘(2) a person that performs safety-sensitive 

16 functions related to the design or production of an 

17 aircraft, aircraft engine, propeller, appliance, or 

18 component thereof by contract for a holder of a cer19 tificate issued under section 44704.’’. 

20 SEC. 20. PILOT TRAINING. 

21 (a) IN GENERAL.—Chapter 447 of title 49, United 

22 States Code, as amended by section 8, is further amended 

23 by adding at the end the following: 

24 ‘‘§ 44743. Pilot training requirements 

25 ‘‘(a) IN GENERAL.— 
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1 ‘‘(1) ADMINISTRATOR’S DETERMINATION.—In 

2 establishing any pilot training requirements with re3 spect to a new transport airplane, the Administrator 

4 of the Federal Aviation Administration shall inde5 pendently review any proposal by the manufacturer 

6 of such airplane with respect to the scope, format, 

7 or minimum level of training required for operation 

8 of such airplane. 

9 ‘‘(2) ASSURANCES AND MARKETING REPRESEN10 TATIONS.—Before the Administrator has established 

11 applicable training requirements, an applicant for a 

12 new or amended type certificate for an airplane de13 scribed in paragraph (1) may not, with respect to 

14 the scope, format, or magnitude of pilot training for 

15 such airplane— 

16 ‘‘(A) make any assurance, whether verbal 

17 or in writing, to a potential purchaser of such 

18 airplane unless a clear and conspicuous dis19 claimer (as defined by the Administrator) is in20 cluded regarding the status of training required 

21 for operation of such airplane; or 

22 ‘‘(B) provide financial incentives (including 

23 rebates) to a potential purchaser of such air24 plane regarding the scope, format, or mag25 nitude of pilot training for such airplane. 
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1 ‘‘(b) PILOT RESPONSE TIME.—Beginning on the day 

2 after the date on which regulations are issued under sec3 tion 20(b)(5) of the Aircraft Certification Reform and Ac4 countability Act, the Administrator may not issue a new 

5 or amended type certificate for an airplane described in 

6 subsection (a) unless the applicant for such certificate has 

7 demonstrated to the Administrator that the applicant has 

8 accounted for realistic assumptions regarding the time for 

9 pilot responses to non-normal conditions in designing the 

10 systems and instrumentation of such airplane. Such as11 sumptions shall— 

12 ‘‘(1) be based on test data, analysis, or other 

13 technical validation methods; and 

14 ‘‘(2) account for generally accepted scientific 

15 consensus among experts in human factors regard16 ing realistic pilot response time. 

17 ‘‘(c) DEFINITION.—In this section, the term ‘trans18 port airplane’ means a transport-category airplane de19 signed for operation by an air carrier or foreign air carrier 

20 type-certificated with a passenger seating capacity of 30 

21 or more or an all-cargo or combi derivative of such an 

22 airplane.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 447 of title 49, United States Code, is further 

25 amended by adding at the end the following: 

‘‘44743. Pilot training requirements.’’. 
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1 (c) EXPERT SAFETY REVIEW.— 

2 (1) IN GENERAL.—Not later than 30 days after 

3 the date of enactment of this Act, the Administrator 

4 shall initiate an expert safety review of assumptions 

5 relied upon by the Administration and manufactur6 ers of transport-category aircraft in the design and 

7 certification of such aircraft. 

8 (2) CONTENTS.—The expert safety review re9 quired under paragraph (1) shall include— 

10 (A) a review of Administration regulations, 

11 guidance, and directives related to pilot re12 sponse assumptions relied upon by the FAA 

13 and manufacturers of transport-category air14 craft in the design and certification of such air15 craft; 

16 (B) a focused review of the assumptions 

17 relied on regarding the time for pilot responses 

18 to non-normal conditions in designing such air19 craft’s systems and instrumentation; 

20 (C) a review of revisions made to the air21 man certification standards for certificates over 

22 the last four years, including any possible ef23 fects on pilot competency in basic manual flying 

24 skills; 
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1 (D) consideration of the global nature of 

2 the aviation marketplace, varying levels of pilot 

3 competency, and differences in pilot training 

4 programs worldwide; and 

5 (E) a process for aviation stakeholders, in6 cluding pilots, airlines, inspectors, engineers, 

7 test pilots, human factors experts, and other 

8 aviation safety experts, to provide and discuss 

9 any observations, feedback, and best practices. 

10 (3) REPORT AND RECOMMENDATIONS.—Not 

11 later than 30 days after the conclusion of the expert 

12 safety review pursuant to paragraph (1), the Admin13 istrator shall submit to the congressional committees 

14 of jurisdiction a report on the results of the review, 

15 any recommendations for actions or best practices to 

16 ensure the FAA and the manufacturers of transport17 category aircraft have accounted for pilot response 

18 assumptions to be relied upon in the design and cer19 tification of transport-category aircraft. 

20 (4) TERMINATION.—The expert safety review 

21 shall end upon submission of the report required 

22 pursuant to paragraph (3). 

23 (5) REGULATIONS.—The Administrator shall 

24 issue such regulations as are necessary to implement 

25 the recommendations of the expert safety review 
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1 that the Administrator determines are necessary to 

2 improve aviation safety. 

3 (d) CALL TO ACTION ON AIRMAN CERTIFICATION

4 STANDARDS.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 the date of enactment of this Act, the Administrator 

7 shall initiate a call to action safety review of pilot 

8 certification standards in order to bring stakeholders 

9 together to share lessons learned, best practices, and 

10 implement actions to address any safety issues iden11 tified. 

12 (2) CONTENTS.—The call to action safety re13 view required under paragraph (1) shall include— 

14 (A) a review of Administration regulations, 

15 guidance, and directives related to the pilot cer16 tification standards, including the oversight of 

17 those processes; 

18 (B) a review of revisions made to the pilot 

19 certification standards for certificates over the 

20 last four years, including any possible effects on 

21 pilot competency in manual flying skills and ef22 fectively managing automation to improve safe23 ty; and 

24 (C) a process for aviation stakeholders, in25 cluding aviation students, instructors, des-
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1 ignated pilot examiners, pilots, airlines, labor, 

2 and aviation safety experts, to provide and dis3 cuss any observations, feedback, and best prac4 tices. 

5 (3) REPORT AND RECOMMENDATIONS.—Not 

6 later than 90 days after the conclusion of the call to 

7 action safety review pursuant to paragraph (1), the 

8 Administrator shall submit to the congressional com9 mittees of jurisdiction a report on the results of the 

10 review, any recommendations for actions or best 

11 practices to ensure pilot competency in basic manual 

12 flying skills and in effective management of automa13 tion, and actions the Administrator will take in re14 sponse to the recommendations. 

15 (e) INTERNATIONAL PILOT TRAINING.— 

16 (1) IN GENERAL.—The Secretary of Transpor17 tation, the Administrator, and other appropriate of18 ficials of the Government shall exercise leadership in 

19 setting global standards to improve air carrier pilot 

20 training and qualifications for— 

21 (A) monitoring and managing the behavior 

22 and performance of automated systems; 

23 (B) controlling the flightpath of aircraft 

24 without autoflight systems engaged; 
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1 (C) effectively utilizing and managing 

2 autoflight systems, when appropriate; 

3 (D) effectively identifying situations in 

4 which the use of autoflight systems is appro5 priate and when such use is not appropriate; 

6 and 

7 (E) recognizing and responding appro8 priately to non-normal conditions. 

9 (2) INTERNATIONAL LEADERSHIP.—The Sec10 retary, the Administrator, and other appropriate of11 ficials of the Government shall exercise leadership 

12 under subsection (a) by working with— 

13 (A) foreign counterparts of the Adminis14 trator in the International Civil Aviation Orga15 nization and its subsidiary organizations; 

16 (B) other international organizations and 

17 fora; and 

18 (C) the private sector. 

19 (3) CONSIDERATIONS.—In exercising leadership 

20 under paragraph (1), the Secretary, the Adminis21 trator, and other appropriate officials of the Govern22 ment shall consider— 

23 (A) the latest information relating to 

24 human factors; 
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1 (B) aircraft manufacturing trends, includ2 ing those relating to increased automation in 

3 the cockpit; 

4 (C) the extent to which cockpit automation 

5 improves aviation safety and introduces novel 

6 risks; 

7 (D) the availability of opportunities for pi8 lots to practice manual flying skills; 

9 (E) the need for consistency in maintain10 ing and enhancing manual flying skills world11 wide; 

12 (F) recommended practices of other coun13 tries that enhance manual flying skills and au14 tomation management; and 

15 (G) whether a need exists for initial and 

16 recurrent training standards for improve pilots’ 

17 proficiency in manual flight and in effective 

18 management of autoflight systems. 

19 (4) CONGRESSIONAL BRIEFING.—The Sec20 retary, the Administrator, and other appropriate of21 ficials of the Government shall provide to the con22 gressional committees of jurisdiction regular brief23 ings on the status of efforts undertaken pursuant to 

24 this section. 
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1 SEC. 21. NONCONFORMITY WITH APPROVED TYPE DESIGN. 

2 Section 44704(a) of title 49, United States Code, is 

3 further amended by adding at the end the following: 

4 ‘‘(6) NONCONFORMITY WITH APPROVED TYPE

5 DESIGN.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (D), a holder of a production cer8 tificate for an aircraft may not present a non9 conforming aircraft to the Administrator for 

10 issuance of an airworthiness certificate. 

11 ‘‘(B) CIVIL PENALTY.—Notwithstanding 

12 section 46301, a production certificate holder 

13 who knowingly violates subparagraph (A) shall 

14 be liable to the Administrator for a civil penalty 

15 of not more than $1,000,000 for each noncon16 forming aircraft. 

17 ‘‘(C) PENALTY CONSIDERATIONS.—In de18 termining the amount of a civil penalty under 

19 subparagraph (B), the Administrator shall con20 sider— 

21 ‘‘(i) the nature, circumstances, extent, 

22 and gravity of the violation, including the 

23 length of time the nonconformity was 

24 known but not disclosed; and 

25 ‘‘(ii) with respect to the violator, the 

26 degree of culpability, any history of prior 
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1 violations, and the size of the business con2 cern. 

3 ‘‘(D) REMEDIAL ACTION.—The Adminis4 trator may permit a production certificate hold5 er to present a nonconforming aircraft to the 

6 Administrator for an airworthiness certificate 

7 if— 

8 ‘‘(i) the Administrator determines the 

9 nonconformity, when compared to the con10 figuration approved as part of the type de11 sign, does not diminish by any degree the 

12 aircraft’s safe operation without any 

13 change in flight crew operating procedures; 

14 ‘‘(ii) the Administrator determines the 

15 nonconformity was not the product of an 

16 intentional decision by the production cer17 tificate holder to alter the aircraft’s con18 figuration from the approved type design; 

19 ‘‘(iii) the production certificate holder 

20 has fully complied with subparagraph (E); 

21 ‘‘(iv) the production certificate holder 

22 agrees to correct the nonconformity on all 

23 nonconforming aircraft within a timeframe 

24 that is— 
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1 ‘‘(I) prescribed by the Adminis2 trator; and 

3 ‘‘(II) commensurate with the se4 verity of the nonconformity; 

5 ‘‘(v) the production certificate holder 

6 informs a person who is to take delivery of 

7 the nonconforming aircraft of the non8 conformance prior to its delivery; and 

9 ‘‘(vi) the production certificate holder 

10 agrees not to impose any penalty, financial 

11 or otherwise, on a person that chooses to 

12 delay the delivery of a nonconforming air13 craft until the production certificate hold14 er, to the Administrator’s satisfaction, con15 forms the aircraft to the approved type de16 sign of such aircraft. 

17 ‘‘(E) NOTIFICATION AND PROPOSED REME18 DIAL ACTION.—A production certificate holder 

19 shall, within 5 days of determining that such 

20 production certificate holder delivered a noncon21 forming aircraft, notify the Administrator, the 

22 purchaser of the airplane, and (if the purchaser 

23 is a lessor) the intended operator of the air24 plane, if known. A notification under this clause 

25 shall describe— 
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1 ‘‘(i) the nonconformity in detail; and 

2 ‘‘(ii) the production certificate hold3 er’s initial proposal for actions necessary 

4 to eliminate the nonconformity. 

5 ‘‘(F) NONCONFORMING AIRCRAFT DE6 FINED.—In this paragraph, the term ‘noncon7 forming aircraft’ means an aircraft that does 

8 not conform to the approved type design for 

9 such aircraft type.’’. 

10 SEC. 22. IMPLEMENTATION OF RECOMMENDATIONS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Administrator shall sub13 mit a report to the congressional committees of jurisdic14 tion on the status of the Administration’s implementation 

15 of covered recommendations. 

16 (b) CONTENTS.—The report required under sub17 section (a) shall contain, at a minimum— 

18 (1) a list and description of all covered rec19 ommendations; 

20 (2) a determination of whether the Adminis21 trator concurs, concurs in part, or does not concur 

22 with each covered recommendation; 

23 (3) an implementation plan and schedule for all 

24 covered recommendations the Administrator concurs 

25 or concurs in part with; and 
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1 (4) for each covered recommendation with 

2 which the Administrator does not concur (in whole 

3 or in part), a detailed explanation as to why. 

4 (c) COVERED RECOMMENDATIONS DEFINED.—In 

5 this section, the term ‘‘covered recommendations’’ means 

6 recommendations made by the following entities in any re7 view initiated in response to the accident of Lion Air flight 

8 610 on October 29, 2018, or Ethiopian Airlines flight 302 

9 on March 10, 2019, that recommend Administration ac10 tion: 

11 (1) The National Transportation Safety Board. 

12 (2) The Joint Authorities Technical Review. 

13 (3) The inspector general of the Department of 

14 Transportation. 

15 (4) The Safety Oversight and Certification Ad16 visory Committee, or any special committee thereof. 

17 (5) Any other entity the Administrator may 

18 designate. 

19 SEC. 23. OVERSIGHT OF FAA COMPLIANCE PROGRAM. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Administrator shall es22 tablish an Executive Council within the Administration to 

23 oversee the use and effectiveness across program offices 

24 of the Administration’s Compliance Program, described in 

25 Order 8000.373A dated October 31, 2018. 
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1 (b) COMPLIANCE PROGRAM OVERSIGHT.—The Exec2 utive Council established under this section shall— 

3 (1) monitor, collect, and analyze data on the 

4 use of the Compliance Program across program of5 fices of the Administration, including data on en6 forcement actions and compliance actions pursued 

7 against regulated entities by such program offices; 

8 (2) conduct an evaluation of the Compliance 

9 Program, not less frequently than annually each cal10 endar year through 2023, to assess the functioning 

11 and effectiveness of such program in meeting the 

12 stated goals and purpose of the program; 

13 (3) provide reports to the Administrator con14 taining the results of any evaluation conducted 

15 under paragraph (2), including identifying in such 

16 report any nonconformities or deficiencies in the im17 plementation of the program and compliance of reg18 ulated entities with safety standards of the Adminis19 tration; 

20 (4) make recommendations to the Adminis21 trator on regulations, guidance, performance stand22 ards or metrics, or other controls that should be 

23 issued by the Administrator to improve the effective24 ness of the Compliance Program in meeting the stat-
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1 ed goals and purpose of the program and to ensure 

2 the highest levels of aviation safety; and 

3 (5) carry out any other oversight duties with re4 spect to implementation of the Compliance Program 

5 and assigned by the Administrator. 

6 (c) EXECUTIVE COUNCIL.— 

7 (1) EXECUTIVE COUNCIL MEMBERSHIP.—The 

8 Compliance Program Executive Council shall be 

9 comprised of representatives from each program of10 fice with regulatory responsibility as provided in 

11 Order 8000.373A. 

12 (2) CHAIRPERSON.—The Executive Council 

13 shall be chaired by a person, who shall be appointed 

14 by the Administrator and shall report directly to the 

15 Administrator. 

16 (3) INDEPENDENCE.—The Secretary of Trans17 portation, the Administrator, or any officer or em18 ployee of the Administration may not prevent or pro19 hibit the chair of the Executive Council from per20 forming the activities described in this section or 

21 from reporting to Congress on such activities. 

22 (4) DURATION.—The Executive Council shall 

23 terminate on October 1, 2023. 

24 (d) ANNUAL BRIEFING.—Each calendar year 

25 through 2023, the chair of the Executive Council shall 
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1 provide a briefing to the congressional committees of juris2 diction on the effectiveness of the Administration’s Com3 pliance Program in meeting the stated goals and purpose 

4 of the program and the activities of the office described 

5 in subsection (b), including any reports and recommenda6 tions made by the office during the preceding calendar 

7 year. 

8 SEC. 24. SETTLEMENT AGREEMENT. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that the Administrator should fully exercise all 

11 rights and pursue all remedies available to the Adminis12 trator under any settlement agreement between the Ad13 ministration and the holder of a type certificate and pro14 duction certificate for transport airplanes executed on De15 cember 18, 2015, including a demand for full payment of 

16 any applicable civil penalties deferred under such agree17 ment, if the Administrator concludes that such holder has 

18 not fully performed all obligations incurred under such 

19 agreement. 

20 (b) CONGRESSIONAL BRIEFING.—Not later than 

21 February 1, 2021, and every 6 months thereafter until 

22 a certificate holder described in subsection (a) has fully 

23 performed all obligations incurred by such certificate hold24 er under such settlement agreement, the Administrator 
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1 shall brief the congressional committees of jurisdiction on 

2 action taken consistent with subsection (a). 

3 SEC. 25. HUMAN FACTORS. 

4 (a) AIRCRAFT CERTIFICATION PROCESS.— 

5 (1) EVALUATION.—Not later than 18 months 

6 after the date of enactment of this Act, the Adminis7 trator (acting through the Associate Administrator 

8 for Aviation Safety of the Administration) shall— 

9 (A) conduct an evaluation of the develop10 ment of tools and methods to support the inte11 gration of human factors assessment and sys12 tem safety assessments of human interaction 

13 with flight deck and flight control systems for 

14 transport airplanes into the aircraft certifi15 cation process under section 44704 of title 49, 

16 United States Code; and 

17 (B) develop a framework to better inte18 grate human factors throughout such aircraft 

19 certification process with the objective of im20 proving safety by designing systems and train21 ing pilots in a manner that accounts for con22 temporary knowledge to reduce the possibility 

23 of an accident resulting in whole or in part 

24 from the pilot’s interaction with the aircraft. 
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1 (2) REPORT TO CONGRESS.—Not later than 60 

2 days after the completion of the evaluation required 

3 under paragraph (1), the Administrator shall submit 

4 to Congress a report detailing the findings of such 

5 report and a plan for implementation based on such 

6 findings of such report. 

7 (3) IMPLEMENTATION.—Upon submission of 

8 the report required under paragraph (2), the Admin9 istrator shall implement the findings of such evalua10 tion. 

11 (b) HUMAN FACTORS EDUCATION PROGRAM.— 

12 (1) IN GENERAL.—The Administrator shall de13 velop a human factors education program that ad14 dresses the effects of modern flight deck systems, in15 cluding automated systems, on human performance 

16 for transport airplanes and the approaches for better 

17 integration of human factors in aircraft design and 

18 certification. 

19 (2) TARGET AUDIENCE.—The human factors 

20 education program shall be integrated into the train21 ing protocol in existence as of the date of the enact22 ment of this Act such that such program is routinely 

23 administered to the following: 

24 (A) Appropriate employees within the 

25 Flight Standards Service. 
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1 (B) Appropriate employees within the Air2 craft Certification Service. 

3 (C) Other employees or authorized rep4 resentatives determined to be necessary by the 

5 Administrator. 

6 (c) TRANSPORT AIRPLANE MANUFACTURER INFOR7 MATION SHARING.—The Administrator shall— 

8 (1) require each transport airplane manufac9 turer to provide the Administrator with the informa10 tion or findings necessary for flight crew to be 

11 trained on flight deck systems; 

12 (2) ensure the information or findings under 

13 paragraph (1) adequately includes consideration of 

14 human factors; and 

15 (3) ensure that each transport airplane manu16 facturer identifies any technical basis, justification 

17 or rationale for the information and findings under 

18 paragraph (1). 

19 SEC. 26. TECHNICAL CORRECTIONS. 

20 Section 46301 of title 49, United States Code, is 

21 amended— 

22 (1) in subsection (a)(1)(A) by striking ‘‘(except 

23 sections 44717 and 44719–44723)’’ and inserting 

24 ‘‘(except sections 44704(a)(6), 44704(e)(4), 44717, 

25 and 44719–44723)’’; 
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1 (2) in subsection (a)(5)(A) by striking ‘‘(except 

2 sections 44717–44723)’’ and inserting ‘‘(except sec3 tions 44704(a)(6), 44704(e)(4), and 44717– 

4 44723)’’; 

5 (3) in subsection (d)(2) by striking ‘‘(except 

6 sections 44717 and 44719–44723)’’ and inserting 

7 ‘‘(except sections 44704(a)(6), 44704(e)(4), 44717, 

8 and 44719–44723)’’; and 

9 (4) in subsection (f)(1)(A)(i) by striking ‘‘(ex10 cept sections 44717 and 44719–44723)’’ and insert11 ing ‘‘(except sections 44704(a)(6), 44704(e)(4), 

12 44717, and 44719–44723)’’. 

13 SEC. 27. DEFINITIONS. 

14 In this Act: 

15 (1) ADMINISTRATION; FAA.—The terms ‘‘Ad16 ministration’’ and ‘‘FAA’’ mean the Federal Avia17 tion Administration. 

18 (2) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the FAA. 

20 (3) ORGANIZATION DESIGNATION AUTHORIZA21 TION.—The term ‘‘organization designation author22 ization’’ has the same meaning given such term in 

23 section 44736 of title 49, United States Code. 

24 (4) CONGRESSIONAL COMMITTEES OF JURISDIC25 TION.—The term ‘‘congressional committees of juris-
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1 diction’’ means the Committee on Transportation 

2 and Infrastructure of the House of Representatives 

3 and the Committee on Commerce, Science, and 

4 Transportation of the Senate. 

5 (5) HUMAN FACTORS.—The term ‘‘human fac6 tors’’ means a multidisciplinary set of principles de7 veloped to holistically explain and predict pilot be8 havior in relation to the management of the oper9 ation of an aircraft, including the pilot’s manage10 ment of aircraft systems and response to systems 

11 failures and non-normal conditions. 

12 (6) TRANSPORT AIRPLANE.—The term ‘‘trans13 port airplane’’ means a transport-category airplane 

14 designed for operation by an air carrier or foreign 

15 air carrier type-certificated with a passenger seating 

16 capacity of 30 or more or an all-cargo or combi de17 rivative of such an airplane. 

18 (7) TYPE CERTIFICATE.—The term ‘‘type cer19 tificate’’— 

20 (A) means a type certificate issued pursu21 ant to section 44704(a) of title 49, United 

22 States Code, or an amendment to such certifi23 cate; and 
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1 (B) does not include a supplemental type 

2 certificate issued under section 44704(b) of 

3 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 

ards relating to aircraft, and for other purposes. Administration to require certain safety stand-