IB 

Union Calendar No. 477 

116TH CONGRESS 

2D SESSION H. R. 8408 

[Report No. 116–579] 

To direct the Administrator of the Federal Aviation Administration to require 

certain safety standards relating to aircraft, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2020 

Mr. DEFAZIO (for himself, Mr. GRAVES of Missouri, Mr. LARSEN of Washington, and Mr. GRAVES of Louisiana) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

NOVEMBER 16, 2020 

Reported from the Committee on Transportation and Infrastructure; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 8408 RH

A BILL 

To direct the Administrator of the Federal Aviation Administration to require certain safety standards relating to 

aircraft, and for other purposes. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 8408 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 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. 

8 SEC. 2. SAFETY MANAGEMENT SYSTEMS. 

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

10 date of enactment of this Act, the Administrator shall ini11 tiate a rulemaking proceeding to require each person who 

12 holds both a type certificate and a production certificate 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 8408 RH

1 issued under section 44704 of title 49, United States 

2 Code, to adopt, not later than the earlier of the date that 

3 is 180 days after the issuance of the regulation required 

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

5 date of enactment of this Act, a safety management sys6 tem consistent with the standards and recommended prac7 tices contained in annex 19 to the Convention on Inter8 national Civil Aviation (61 Stat. 1180) in effect on the 

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

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

11 this Act. 

12 (b) CONTENTS OF REGULATIONS.—The regulations 

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

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

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

16 management system adopted pursuant to such regula17 tions. 

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

19 end of the comment period for the proposed rule issued 

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

21 a final rule with respect to such proposed rule. 

22 (d) SAFETY REPORTING PROGRAM.—The regulations 

23 issued under subsection (a) shall require a safety manage24 ment system to include a confidential employee reporting 

25 system through which employees can report hazards, 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 8408 RH

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

2 system under this subsection shall include provisions for 

3 non-punitive reporting of such items by employees in a 

4 manner consistent with other confidential employee re5 porting systems administered by the Administrator. Such 

6 regulations shall also require a certificate holder described 

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

8 under this subsection to the Administrator at least twice 

9 per year. 

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

11 subsection (a) shall require a safety management system 

12 to include establishment of a code of ethics applicable to 

13 all employees of a certificate holder, including officers, 

14 which clarifies that safety is the organization’s highest pri15 ority. 

16 (f) PROTECTION OF SAFETY INFORMATION.—Section 

17 44735(a) of title 49, United States Code, is amended— 

18 (1) by striking ‘‘title 5 if the report’’ and in19 serting the following: ‘‘title 5— 

20 ‘‘(1) if the report’’; 

21 (2) by striking the period at the end and insert22 ing ‘‘; or’’; and 

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

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

25 submitted to the Federal Aviation Administration 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 8408 RH

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

2 Reform and Accountability Act.’’. 

3 SEC. 3. EXPERT REVIEW OF ORGANIZATION DESIGNATION 

4 AUTHORIZATIONS FOR TRANSPORT AIR5 PLANES. 

6 (a) EXPERT REVIEW.— 

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

8 after the date of enactment of this Act, the Adminis9 trator shall convene an expert panel (in this section 

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

11 make findings and recommendations on the matters 

12 listed in paragraph (2). 

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

14 each holder of an organization designation author15 ization for the design and production of transport 

16 airplanes, the review panel shall review the following: 

17 (A) The extent to which the holder has im18 plemented a safety culture consistent with the 

19 principles of the International Civil Aviation 

20 Organization Safety Management Manual, 

21 Fourth Edition (International Civil Aviation 

22 Organization Doc. No. 9589) or any similar 

23 successor document. 

24 (B) The effectiveness of measures insti25 tuted by the holder to instill, among employees 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 8408 RH

1 and contractors of such holder that support or2 ganization designation authorization functions, 

3 a commitment to safety above all other prior4 ities. 

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

6 holder’s organizational structures, requirements 

7 applicable to officers and employees of such 

8 holder, and safety culture, of making reasonable 

9 and appropriate decisions regarding functions 

10 delegated to the holder pursuant to the organi11 zation designation authorization. 

12 (D) Any other matter determined by the 

13 Administrator for which inclusion in the review 

14 would be consistent with the public interest in 

15 aviation safety. 

16 (3) COMPOSITION OF REVIEW PANEL.—The re17 view panel shall consist of— 

18 (A) 2 representatives of the National Aero19 nautics and Space Administration; 

20 (B) 2 employees of the Administration’s 

21 Aircraft Certification Service with experience 

22 conducting oversight of persons not involved in 

23 the design or production of transport airplanes; 

24 (C) 1 employee of the Administration’s 

25 Aircraft Certification Service with experience 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 8408 RH

1 conducting oversight of persons involved in the 

2 design or production of transport airplanes; 

3 (D) 2 employees of the Administration’s 

4 Flight Standards Service with experience in 

5 oversight of safety management systems; 

6 (E) 1 appropriately qualified representa7 tive, designated by the applicable represented 

8 organization, of each of— 

9 (i) a labor union representing airline 

10 pilots involved in both passenger and all11 cargo operations; 

12 (ii) a labor union, not selected under 

13 clause (i), representing airline pilots with 

14 expertise in the matters described in para15 graph (2); 

16 (iii) a labor union representing em17 ployees engaged in the assembly of trans18 port airplanes; 

19 (iv) the certified bargaining represent20 ative under section 7111 of title 5, United 

21 States Code, for field engineers engaged in 

22 the audit or oversight of an organization 

23 designation authorization within the Air24 craft Certification Service of the Adminis25 tration; and 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 8408 RH

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. 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 8408 RH

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— 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 8408 RH

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. 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 8408 RH

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 recVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
19 

•HR 8408 RH

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 reVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
20 

•HR 8408 RH

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. 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•HR 8408 RH

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 opVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
23 

•HR 8408 RH

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. 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•HR 8408 RH

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’— 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•HR 8408 RH

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 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•HR 8408 RH

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 

23 law, the Administrator may not delegate a matter 

24 under this subsection— 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•HR 8408 RH

1 ‘‘(A) with respect to the certification of the 

2 design of a novel or unusual design feature that 

3 results in a major change to a type design, ex4 cept when the Administrator determines— 

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

6 ‘‘(ii) during the course of the certifi7 cation process, that a matter no longer re8 lates to a novel or unusual design feature; 

9 or 

10 ‘‘(B) on the sole basis that the Federal 

11 Aviation Administration lacks a sufficient num12 ber of personnel qualified or with the requisite 

13 expertise to perform the function.’’. 

14 SEC. 8. OVERSIGHT OF ORGANIZATION DESIGNATION AU15 THORIZATION UNIT MEMBERS. 

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

17 States Code, as amended by this Act, is amended by add18 ing at the end the following: 

19 ‘‘§ 44741. Approval of organization designation au20 thorization unit members 

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

22 year after the date of enactment of the Aircraft Certifi23 cation Reform and Accountability Act, each individual who 

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

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


pamtmann on DSKBC07HB2PROD with BILLS
29 

•HR 8408 RH

1 of an aircraft, aircraft engine, propeller, or appliance and 

2 performs an authorized function pursuant to a delegation 

3 by the Administrator of the Federal Aviation Administra4 tion under section 44702(d)— 

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

6 employee of a supplier of the ODA holder; and 

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

8 unless approved by the Administrator pursuant to 

9 this section. 

10 ‘‘(b) PROCESS AND TIMELINE.— 

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

12 maintain an efficient process for the review and ap13 proval of an individual to become a member of an 

14 ODA unit under this section. 

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

16 subsection (a) may submit to the Administrator an 

17 application for an individual to be approved to be18 come a member of an ODA unit under this section. 

19 The application shall be submitted in such form and 

20 manner as the Administrator determines appro21 priate. The Administrator shall require an ODA 

22 holder to submit with such an application informa23 tion sufficient to demonstrate an individual’s quali24 fications under subsection (c). 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•HR 8408 RH

1 ‘‘(3) TIMELINE.—The Administrator shall ap2 prove or reject an individual that is selected by an 

3 ODA holder to become an ODA unit member under 

4 this section not later than 30 days after the receipt 

5 of an application by an ODA holder. 

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

7 approval of an individual to become a member of an 

8 ODA unit under this section, the Administrator shall 

9 provide such individual a letter confirming that such 

10 individual has been approved by the Administrator 

11 under this section to be an ODA unit member. 

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

13 submit an application under this subsection for an 

14 individual to become a member of an ODA unit 

15 under this section regardless of whether an applica16 tion for such individual was previously rejected by 

17 the Administrator. 

18 ‘‘(c) QUALIFICATIONS.— 

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

20 issue minimum qualifications for an individual to be21 come a member of an ODA unit under this section. 

22 In issuing such qualifications, the Administrator 

23 shall consider existing qualifications for Administra24 tion employees with similar duties and whether such 

25 individual— 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•HR 8408 RH

1 ‘‘(A) is technically proficient and qualified 

2 to perform the authorized functions sought; 

3 ‘‘(B) has no recent record of serious en4 forcement action, as determined by the Admin5 istrator, taken by the Administrator with re6 spect to any certificate, approval, or authoriza7 tion held by such individual; 

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

9 qualification is applied to an applicant for an 

10 airline transport pilot certificate issued under 

11 section 44703); 

12 ‘‘(D) possesses the knowledge of applicable 

13 design or production requirements in this chap14 ter and in title 14, Code of Federal Regula15 tions, necessary for performance of the author16 ized functions sought; 

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

18 of applicable design or production principles, 

19 system safety principles, or safety risk manage20 ment processes appropriate for the authorized 

21 functions sought; and 

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

23 training, or other qualification standards as the 

24 Administrator determines are necessary to enVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
32 

•HR 8408 RH

1 sure the individual is competent and capable of 

2 performing the authorized functions sought. 

3 ‘‘(2) PREVIOUSLY REJECTED APPLICATION.—In 

4 reviewing an application for an individual to become 

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

6 application for such individual was previously re7 jected, the Administrator shall ensure that the rea8 sons for the prior rejection have been resolved or 

9 mitigated to the Administrator’s satisfaction before 

10 making a determination on the individual’s re11 application. 

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

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

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

15 and for any reason the Administrator considers appro16 priate. The Administrator shall develop procedures to pro17 vide for notice and opportunity to appeal rescission deci18 sions made by the Administrator. Such decisions by the 

19 Administrator are not subject to judicial review. 

20 ‘‘(e) RECORDS AND BRIEFINGS.— 

21 ‘‘(1) IN GENERAL.—Beginning on the date de22 scribed in subsection (a), an ODA holder shall main23 tain, for a period to be determined by the Adminis24 trator and with proper protections to ensure the se25 curity of sensitive and personal information— 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•HR 8408 RH

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

2 manuals required by the ODA holder’s ap3 proved procedures manual, as determined by 

4 the Administrator; 

5 ‘‘(B) the names, responsibilities, qualifica6 tions, and example signature of each member of 

7 the ODA unit who performs an authorized 

8 function pursuant to a delegation by the Ad9 ministrator under section 44702(d); 

10 ‘‘(C) training records for ODA unit mem11 bers and ODA administrators; and 

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

13 or manuals determined appropriate by the Ad14 ministrator. 

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

16 than 90 days after the date of enactment of the Air17 craft Certification Reform and Accountability Act, 

18 and every 90 days thereafter through September 30, 

19 2023, the Administrator shall provide to the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives and Committee on Com22 merce, Science, and Transportation of the Senate a 

23 briefing on the implementation and effects of this 

24 section, including— 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•HR 8408 RH

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

2 completing reviews of individuals and approving 

3 or denying such individuals within the timeline 

4 required under subsection (b)(3); 

5 ‘‘(B) for any individual rejected by the Ad6 ministrator under subsection (b) during the 

7 preceding 90-day period, the reasoning or basis 

8 for such rejection; and 

9 ‘‘(C) any resource, staffing, or other chal10 lenges within the Administration associated 

11 with implementation of this section. 

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

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

14 after the issuance of minimum qualifications under 

15 subsection (c), the Administrator shall initiate a re16 view of the qualifications of each individual who on 

17 the date on which such minimum qualifications are 

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

19 a type certificate for a transport airplane to ensure 

20 such individual meets the minimum qualifications 

21 issued by the Administrator under subsection (c). 

22 ‘‘(2) UNQUALIFIED INDIVIDUAL.—For any indi23 vidual who is determined by the Administrator not 

24 to meet such minimum qualifications pursuant to 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•HR 8408 RH

1 the review conducted under paragraph (1), the Ad2 ministrator— 

3 ‘‘(A) shall determine whether the lack of 

4 qualification may be remedied and, if so, pro5 vide such individual with an action plan or 

6 schedule for such individual to meet such quali7 fications; or 

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

9 the lack of qualification may not be remedied, 

10 take appropriate action, including prohibiting 

11 such individual from performing an authorized 

12 function. 

13 ‘‘(3) DEADLINE.— 

14 ‘‘(A) The Administrator shall complete the 

15 review required under paragraph (1) not later 

16 than 18 months after the date on which such 

17 review was initiated. 

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

19 the review in compliance with subparagraph 

20 (A), the Secretary of Transportation shall as21 sume the responsibility for completing the re22 view. 

23 ‘‘(C) The Secretary’s completion of the re24 view under subparagraph (B)— 


pamtmann on DSKBC07HB2PROD with BILLS
36 

•HR 8408 RH

1 ‘‘(i) may not be delegated to the Ad2 ministration; and 

3 ‘‘(ii) shall be completed within 120 

4 days of the date the Secretary’s assump5 tion of responsibility following the Admin6 istrator’s failure to complete the review in 

7 compliance with subparagraph (A). 

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

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

10 a type certificate for a transport airplane under sub11 section (a) shall not be subject to the review under 

12 this subsection. 

13 ‘‘(g) PROHIBITION.—The Administrator may not au14 thorize an organization or ODA holder to approve an indi15 vidual selected by an ODA holder to become an ODA unit 

16 member under this section. 

17 ‘‘(h) DEFINITIONS.— 

18 ‘‘(1) GENERAL APPLICABILITY.—The defini19 tions contained in section 44736 shall apply to this 

20 section. 

21 ‘‘(2) TRANSPORT AIRPLANE.—The term ‘trans22 port airplane’ means a transport-category airplane 

23 designed for operation by an air carrier or foreign 

24 air carrier type-certificated with a passenger seating 


pamtmann on DSKBC07HB2PROD with BILLS
37 

•HR 8408 RH

1 capacity of 30 or more or an all-cargo or combi de2 rivative of such an airplane. 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $3,000,000 for each of fiscal years 2021 through 2023. 

6 ‘‘§ 44742. Interference with the duties of organization 

7 designation authorization unit members 

8 ‘‘(a) IN GENERAL.—The Administrator of the Fed9 eral Aviation Administration shall continuously seek to 

10 eliminate or minimize interference by an ODA holder that 

11 affects the performance of authorized functions by mem12 bers of an ODA unit. 

13 ‘‘(b) PROHIBITION.— 

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

15 individual who is employed by an ODA holder to 

16 commit an act of interference with an ODA unit 

17 member’s performance of authorized functions. 

18 ‘‘(2) CIVIL PENALTY.— 

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

20 subject to a civil penalty under section 

21 46301(a)(1) for each violation under paragraph 

22 (1). 

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

24 paragraph shall be construed as limiting or con25 stricting any other authority of the AdminisVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
38 

•HR 8408 RH

1 trator to pursue an enforcement action against 

2 an individual or organization for violation of ap3 plicable Federal laws or regulations of the Ad4 ministration. 

5 ‘‘(c) REPORTING.— 

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

7 an ODA unit shall promptly report any instances of 

8 interference experienced or witnessed by such mem9 ber to the office of the ODA holder that is des10 ignated to receive such reports. 

11 ‘‘(2) REPORTS TO THE FAA.— 

12 ‘‘(A) IN GENERAL.—The ODA holder of13 fice described in paragraph (1) shall submit to 

14 the office of the Administration designated by 

15 the Administrator to accept and review such re16 ports any credible instances of interference re17 ported under paragraph (1). 

18 ‘‘(B) CONTENTS.—A report to the Admin19 istration under this paragraph shall be sub20 mitted in a manner, at a time, and in a form 

21 prescribed by the Administrator. Such report 

22 shall include the results of any investigation 

23 conducted by the ODA holder in response to a 

24 report of interference, a description of any ac25 tion taken by the ODA holder as a result of the 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•HR 8408 RH

1 report of interference, and any other informa2 tion or potentially mitigating factors the ODA 

3 holder or the Administrator deems appropriate. 

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

5 may use the information submitted in a report 

6 under this paragraph, including the actions 

7 taken by an ODA holder in response to a report 

8 under paragraph (1), in determining whether to 

9 issue a civil penalty pursuant to subsection (b) 

10 or whether such civil penalty should be subject 

11 to a setoff or compromised. 

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

13 this subsection shall be construed to preclude a 

14 member of an ODA unit from reporting an instance 

15 of interference reported under paragraph (1) directly 

16 to the Administration. Each ODA holder shall pro17 vide notice to each member of such holder’s ODA 

18 unit stating that such individual may report an in19 stance of interference reported under paragraph (1) 

20 directly to the Administration. 

21 ‘‘(d) DEFINITIONS.— 

22 ‘‘(1) GENERAL APPLICABILITY.—The defini23 tions contained in section 44736 shall apply to this 

24 section. 


pamtmann on DSKBC07HB2PROD with BILLS
40 

•HR 8408 RH

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

2 ‘interference’ means— 

3 ‘‘(A) blatant or egregious statements or be4 havior, such as harassment, beratement, or 

5 threats, that a reasonable person would con6 clude was intended to improperly influence or 

7 prejudice an ODA unit member’s performance 

8 of his or her duties; or 

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

10 or activities that conflict with the performance 

11 of authorized functions by ODA unit mem12 bers.’’. 

13 (b) LATERAL COMMUNICATIONS.— 

14 (1) CONTACT WITH ADMINISTRATION.—The 

15 Administrator shall ensure that employees of the Ad16 ministration with responsibility for aircraft certifi17 cation functions may directly contact non-managerial 

18 employees of an aircraft manufacturer for consulta19 tion regarding the certification of aircraft design, 

20 production, and other matters. 

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

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

23 Code, for a manufacturer to prohibit employees from 

24 contacting any employee of the Administration or 

25 otherwise impose any condition, restriction, or penVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
41 

•HR 8408 RH

1 alty (including by requiring prior notice to or the ap2 proval of any supervisor or manager) with respect to 

3 such contact, except that such manufacturer may in4 stitute reasonable, company-wide policies requiring 

5 documentation of communications regarding aircraft 

6 design or production between the manufacturer’s 

7 employees and Administration employees. 

8 (c) ODA PROGRAM ENHANCEMENTS.—Section 

9 44736 of title 49, United States Code, is further amend10 ed— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) in subparagraph (A) by striking 

14 the semicolon and inserting ‘‘; and’’; 

15 (ii) by striking subparagraph (B); 

16 (iii) in subparagraph (C) by striking 

17 ‘‘; and’’ and inserting a period; 

18 (iv) by striking subparagraph (D); 

19 and 

20 (v) by redesignating subparagraph (C) 

21 as subparagraph (B); and 

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

23 ’’ and all that follows through the end and in24 serting ‘‘shall conduct regular oversight activi25 ties by inspecting the ODA holder’s delegated 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•HR 8408 RH

1 functions and taking action based on validated 

2 inspection findings.’’; and 

3 (2) in subsection (b)(3)— 

4 (A) in subparagraph (A)— 

5 (i) by striking clause (i) and redesig6 nating clauses (ii), (iii), and (iv) as clauses 

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

8 (ii) in clause (i) as redesignated by in9 serting ‘‘, as appropriate,’’ after ‘‘require’’; 

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

11 inserting ‘‘, as appropriate,’’ after ‘‘re12 quire’’; and 

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

14 inserting ‘‘when appropriate,’’ before 

15 ‘‘make a reassessment’’; 

16 (B) by striking subparagraph (B); 

17 (C) in subparagraph (D) by striking the 

18 semicolon and inserting ‘‘; and’’; 

19 (D) in subparagraph (E) by striking ‘‘; 

20 and’’ and inserting a period; 

21 (E) in subparagraph (F) by inserting ‘‘, 

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

23 (F) by redesignating subparagraphs (C), 

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

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


pamtmann on DSKBC07HB2PROD with BILLS
43 

•HR 8408 RH

1 (d) TECHNICAL CORRECTIONS.— 

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

3 United States Code, is further amended by redesig4 nating the second section 44737 (as added by sec5 tion 581 of the FAA Reauthorization Act of 2018) 

6 as section 44740. 

7 (2) ANALYSIS.—The analysis for chapter 447 of 

8 title 49, United States Code, is amended— 

9 (A) by striking the item relating to the 

10 second section 44737 (as added by section 581 

11 of the FAA Reauthorization Act of 2018); and 

12 (B) by inserting after the item relating to 

13 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.’’. 

14 (3) SPECIAL RULE FOR CERTAIN AIRCRAFT OP15 ERATIONS.—Section 44740 of title 49, United States 

16 Code (as redesignated by subsection (a)), is amend17 ed— 

18 (A) in the heading by striking the period 

19 at the end; 

20 (B) in subsection (a)(1) by striking ‘‘chap21 ter’’ and inserting ‘‘section’’; 

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

23 the second time it appears; and 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•HR 8408 RH

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

2 at the end. 

3 SEC. 9. INTEGRATED PROJECT TEAMS. 

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

5 a type certificate for a new transport airplane, the Admin6 istrator shall convene an interdisciplinary integrated 

7 project team responsible for coordinating review of such 

8 application. 

9 (b) MEMBERSHIP.—In convening an interdisciplinary 

10 integrated project team under subsection (a), the Adminis11 trator shall appoint employees of the Administration with 

12 specialized expertise and experience in the fields of engi13 neering, systems design, human factors, and pilot train14 ing, including, at a minimum— 

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

16 Administrator for Aviation Safety whose duty sta17 tion is in the Administration’s headquarters; 

18 (2) representatives of the Aircraft Certification 

19 Service of the Administration; 

20 (3) representatives of the Flight Standards 

21 Service of the Administration; 

22 (4) experts in the fields of human factors, aero23 dynamics, flight controls, software, and systems de24 sign; and 


pamtmann on DSKBC07HB2PROD with BILLS
45 

•HR 8408 RH

1 (5) any other subject matter expert whom the 

2 Administrator determines appropriate. 

3 SEC. 10. OVERSIGHT INTEGRITY BRIEFING. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Administrator shall brief the congressional 

6 committees of jurisdiction on specific measures the Ad7 ministrator has taken to reinforce that each employee of 

8 the Administration responsible for overseeing an organiza9 tion designation authorization with respect to the certifi10 cation of aircraft perform such responsibility in accord11 ance with safety management principles and in the public 

12 interest of aviation safety. 

13 SEC. 11. APPEALS OF CERTIFICATION DECISIONS. 

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

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

16 following: 

17 ‘‘(g) CERTIFICATION DISPUTE RESOLUTION.— 

18 ‘‘(1) DISPUTE RESOLUTION PROCESS AND AP19 PEALS.— 

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

21 days after the date of enactment of this sub22 section, the Administrator shall issue an order 

23 establishing— 

24 ‘‘(i) an effective, timely, and mile25 stone-based issue resolution process for 


pamtmann on DSKBC07HB2PROD with BILLS
46 

•HR 8408 RH

1 type certification activities under sub2 section (a); and 

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

4 finding of compliance or noncompliance, or 

5 other act of the Administration, with re6 spect to compliance with design require7 ments, may be appealed by a covered per8 son directly involved with the certification 

9 activities in dispute on the basis that such 

10 decision, finding, or act is erroneous or in11 consistent with this chapter, regulations, or 

12 guidance materials promulgated by the Ad13 ministrator, or other requirements. 

14 ‘‘(B) ESCALATION.—The order issued 

15 under subparagraph (A) shall provide for— 

16 ‘‘(i) resolution of technical issues at 

17 pre-established stages of the certification 

18 process, as agreed to by the Administrator 

19 and the type certificate applicant; 

20 ‘‘(ii) automatic elevation to appro21 priate management personnel of the Ad22 ministration and the type certificate appli23 cant of any major certification process 

24 milestone that is not completed or resolved 

25 within a specific period of time agreed to 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•HR 8408 RH

1 by the Administrator and the type certifi2 cate applicant; 

3 ‘‘(iii) resolution of a major certifi4 cation process milestone elevated pursuant 

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

6 agreed to by the Administrator and the 

7 type certificate applicant; 

8 ‘‘(iv) initial review by appropriate Ad9 ministration employees of any appeal de10 scribed in subparagraph (A)(ii); and 

11 ‘‘(v) subsequent review of any further 

12 appeal by appropriate management per13 sonnel of the Administration and the Asso14 ciate Administrator for Aviation Safety. 

15 ‘‘(C) DISPOSITION.— 

16 ‘‘(i) WRITTEN DECISION.—The Asso17 ciate Administrator for Aviation Safety 

18 shall issue a written decision on each ap19 peal submitted under subparagraph (A)(ii), 

20 stating the grounds for the decision of the 

21 Associate Administrator. 

22 ‘‘(ii) REPORT TO CONGRESS.—Not 

23 later than December 31 of each calendar 

24 year through calendar year 2025, the Ad25 ministrator shall submit to the Committee 


pamtmann on DSKBC07HB2PROD with BILLS
48 

•HR 8408 RH

1 on Transportation and Infrastructure of 

2 the House of Representatives and the 

3 Committee on Commerce, Science, and 

4 Transportation of the Senate a report 

5 summarizing each appeal resolved under 

6 this subsection. 

7 ‘‘(D) FINAL REVIEW.— 

8 ‘‘(i) IN GENERAL.—A written decision 

9 of the Associate Administrator under sub10 paragraph (C) may be appealed to the Ad11 ministrator for a final review and deter12 mination. 

13 ‘‘(ii) DECLINE TO REVIEW.—The Ad14 ministrator may decline to review an ap15 peal initiated pursuant to clause (i). 

16 ‘‘(iii) JUDICIAL REVIEW.—Notwith17 standing any other provision of law, nei18 ther a final determination of the Adminis19 trator under clause (i) nor a decision to 

20 decline to review an appeal under clause 

21 (ii) shall be subject to judicial review. 

22 ‘‘(2) PROHIBITED CONTACTS.— 

23 ‘‘(A) PROHIBITION GENERALLY.—During 

24 the course of an appeal under this subsection, 

25 no covered official may engage in an ex parte 


pamtmann on DSKBC07HB2PROD with BILLS
49 

•HR 8408 RH

1 communication with an individual representing 

2 or acting on behalf of an applicant for, or hold3 er of, a certificate under this section in relation 

4 to such appeal unless such communication is 

5 disclosed pursuant to subparagraph (B). 

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

7 of an appeal under this subsection, a covered 

8 official engages in, receives, or is otherwise 

9 made aware of an ex parte communication, the 

10 covered official shall disclose such communica11 tion in the public record at the time of the 

12 issuance of the written decision in accordance 

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

14 and date of the communication, subject of com15 munication, and all persons engaged in such 

16 communication. 

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

18 ‘‘(A) COVERED PERSON.—The term ‘cov19 ered person’ means either— 

20 ‘‘(i) an employee of the Administra21 tion whose responsibilities relate to the cer22 tification of aircraft, engines, propellers, or 

23 appliances; or 


pamtmann on DSKBC07HB2PROD with BILLS
50 

•HR 8408 RH

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

2 type certificate or amended type certificate 

3 issued under this section. 

4 ‘‘(B) COVERED OFFICIAL.—The term ‘cov5 ered official’ means the following officials: 

6 ‘‘(i) The Executive Director or any 

7 Deputy Director of the Aircraft Certifi8 cation Service. 

9 ‘‘(ii) The Deputy Executive Director 

10 for Regulatory Operations of the Aircraft 

11 Certification Service. 

12 ‘‘(iii) The Director or Deputy Director 

13 of the Compliance and Airworthiness Divi14 sion of the Aircraft Certification Service. 

15 ‘‘(iv) The Director or Deputy Director 

16 of the System Oversight Division of the 

17 Aircraft Certification Service. 

18 ‘‘(v) The Director or Deputy Director 

19 of the Policy and Innovation Division of 

20 the Aircraft Certification Service. 

21 ‘‘(vi) The Executive Director or any 

22 Deputy Executive Director of the Flight 

23 Standards Service. 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•HR 8408 RH

1 ‘‘(vii) The Associate Administrator or 

2 Deputy Associate Administrator for Avia3 tion Safety. 

4 ‘‘(viii) The Deputy Administrator of 

5 the Federal Aviation Administration. 

6 ‘‘(ix) The Administrator of the Fed7 eral Aviation Administration. 

8 ‘‘(x) Any similarly situated or suc9 cessor FAA management position, as de10 termined by the Administrator. 

11 ‘‘(C) MAJOR CERTIFICATION PROCESS

12 MILESTONE.—The term ‘major certification 

13 process milestone’ means a milestone related to 

14 the type certification basis, type certification 

15 plan, type inspection authorization, issue paper, 

16 or other major type certification activity agreed 

17 to by the Administrator and the type certificate 

18 applicant. 

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

20 this subsection shall apply to the communication of 

21 a good-faith complaint by any individual alleging— 

22 ‘‘(A) gross misconduct; 

23 ‘‘(B) a violation of title 18; or 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•HR 8408 RH

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

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

3 Regulations.’’. 

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

5 is amended by striking paragraph (6). 

6 SEC. 12. EMPLOYMENT RESTRICTIONS. 

7 (a) DISQUALIFICATION BASED ON PRIOR EMPLOY8 MENT.—An employee of the Administration with super9 visory responsibility may not direct, conduct, or otherwise 

10 participate in oversight of a holder of a certificate issued 

11 under section 44704 that previously employed such em12 ployee in the preceding 1-year period. 

13 (b) POST-EMPLOYMENT RESTRICTIONS.—Section 

14 44711(d) of title 49, United States Code, is amended to 

15 read as follows: 

16 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR IN17 SPECTORS AND ENGINEERS.— 

18 ‘‘(1) PROHIBITION.—A person holding a certifi19 cate issued under part 21 or 119 of title 14, Code 

20 of Federal Regulations, may not knowingly employ, 

21 or make a contractual arrangement that permits, an 

22 individual to act as an agent or representative of 

23 such person in any matter before the Administration 

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


pamtmann on DSKBC07HB2PROD with BILLS
53 

•HR 8408 RH

1 ‘‘(A) served as, or was responsible for over2 sight of— 

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

4 Administration; or 

5 ‘‘(ii) an employee of the Administra6 tion with responsibility for certification 

7 functions with respect to a holder of a cer8 tificate issued under section 44704(a); and 

9 ‘‘(B) had responsibility to inspect, or over10 see inspection of, the operations of such person. 

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

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

13 be considered to be acting as an agent or representa14 tive of a certificate holder in a matter before the Ad15 ministration if the individual makes any written or 

16 oral communication on behalf of the certificate hold17 er to the Administration (or any of its officers or 

18 employees) in connection with a particular matter, 

19 whether or not involving a specific party and without 

20 regard to whether the individual has participated in, 

21 or had responsibility for, the particular matter while 

22 serving as an individual covered under paragraph 

23 (1).’’. 


pamtmann on DSKBC07HB2PROD with BILLS
54 

•HR 8408 RH

1 SEC. 13. PROFESSIONAL DEVELOPMENT AND SKILLS EN2 HANCEMENT. 

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

4 (1) develop a program for regular recurrent 

5 training of engineers, inspectors, and other subject6 matter experts employed in the Aircraft Certification 

7 Service of the Administration in accordance with the 

8 training strategy developed pursuant to section 231 

9 of the FAA Reauthorization Act of 2018 (Public 

10 Law 115–254; 132 Stat. 3256); and 

11 (2) to the maximum extent practicable, imple12 ment measures, including assignments in multiple 

13 divisions of the Aircraft Certification Service, to en14 sure that such engineers and other subject-matter 

15 experts in the Aircraft Certification Service have ac16 cess to diverse professional opportunities that ex17 pand their knowledge and skills. 

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

19 the maximum extent practicable, ensure that actions taken 

20 pursuant to subsection (a)— 

21 (1) permit engineers, inspectors, and other sub22 ject matter experts to continue developing knowledge 

23 of, and expertise in, new and emerging technologies 

24 in systems design, flight controls, principles of avia25 tion safety, system oversight, and certification 

26 project management; 


pamtmann on DSKBC07HB2PROD with BILLS
55 

•HR 8408 RH

1 (2) minimize the likelihood of an individual de2 veloping an inappropriate bias toward a designer or 

3 manufacturer of aircraft, aircraft engines, propellers, 

4 or appliances; 

5 (3) are consistent with any applicable collective 

6 bargaining agreements; and 

7 (4) account for gaps in knowledge and skills be8 tween Administration employees and private-sector 

9 employees, as identified by the exclusive bargaining 

10 representatives certified under section 7111 of title 

11 5, United States Code, for each group of Adminis12 tration employees covered under this section. 

13 SEC. 14. VOLUNTARY SAFETY REPORTING PROGRAM. 

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

15 date of enactment of this Act, the Administrator shall 

16 begin collaboration with the exclusive bargaining rep17 resentatives of engineers, safety inspectors, systems safety 

18 specialists, and other subject matter experts certified 

19 under section 7111 of title 5, United States Code, to im20 plement a confidential voluntary safety reporting program, 

21 in a manner that is consistent with other voluntary report22 ing programs administered by the Administrator. The pro23 gram shall include provisions addressing, at a minimum— 

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

25 the exclusive bargaining representatives for employVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
56 

•HR 8408 RH

1 ees identified in the matter preceding this para2 graph; 

3 (2) protections for frontline employees from ad4 verse employment actions related to their participa5 tion in the program; 

6 (3) identification of exclusionary criteria; and 

7 (4) creation of a corrective action process in 

8 order to address safety issues that are identified 

9 through the program. 

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

11 representatives described in subsection (a) are unable to 

12 reach an agreement collaboratively, the Administrator and 

13 such representatives shall negotiate in accordance with 

14 section 40122(a) of title 49, United States Code, to reach 

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

16 SEC. 15. COMPENSATION LIMITATION. 

17 Notwithstanding any other provision of law, an em18 ployee of the Administration may not receive an adjust19 ment to the employee’s compensation solely on the basis 

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

21 deadline related to the completion of certification func22 tions. 


pamtmann on DSKBC07HB2PROD with BILLS
57 

•HR 8408 RH

1 SEC. 16. SYSTEM SAFETY ASSESSMENTS AND OTHER RE2 QUIREMENTS. 

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

4 date of enactment of this Act, the Administrator shall 

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

6 Code of Federal Regulations, and any associated advisory 

7 circular, guidance, or policy of the Administration, in ac8 cordance with this section. 

9 (b) SYSTEM SAFETY ASSESSMENTS AND OTHER RE10 QUIREMENTS.—In developing regulations under sub11 section (a), the Administrator shall— 

12 (1) require an applicant for an amended type 

13 certificate for a transport airplane to— 

14 (A) perform a system safety assessment 

15 with respect to each proposed design change 

16 that the Administrator determines is signifi17 cant, with such assessment considering the air18 plane-level effects of individual errors, malfunc19 tions, or failures and realistic pilot response 

20 times to such errors, malfunctions, or failures 

21 related to such change; 

22 (B) update such assessment to account for 

23 each subsequent proposed design change that 

24 the Administrator determines is significant; and 

25 (C) provide appropriate employees of the 

26 Administration with the data and assumptions 


pamtmann on DSKBC07HB2PROD with BILLS
58 

•HR 8408 RH

1 underlying each assessment and amended as2 sessment; and 

3 (2) work with other civil aviation authorities 

4 representing states of design to ensure such regula5 tions remain harmonized internationally. 

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

7 Aircraft Certification Service and the Flight Standards 

8 Service of the Administration shall review each system 

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

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

11 and supporting data and assumptions required under sub12 section (b)(1)(C), to ensure that each such assessment 

13 sufficiently considers the matters listed under subsection 

14 (b)(1). 

15 SEC. 17. FLIGHT CREW ALERTING. 

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

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

18 implement National Transportation Safety Board rec19 ommendations A–19–11 and A–19–12 (as contained in 

20 the safety recommendation report adopted on September 

21 9, 2019). 

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

23 years after the date of enactment of this Act, the Adminis24 trator may not issue a type certificate for a transport-cat25 egory aircraft unless— 


pamtmann on DSKBC07HB2PROD with BILLS
59 

•HR 8408 RH

1 (1) in the case of a transport airplane, such air2 plane incorporates a flight crew alerting system that, 

3 at a minimum, displays and differentiates among 

4 warnings, cautions, and advisories, and includes 

5 functions to assist the flight crew in prioritizing cor6 rective actions and responding to systems failures; or 

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

8 other than a transport airplane, the type certificate 

9 applicant provides a means acceptable to the Admin10 istrator to assist the flight crew in prioritizing cor11 rective actions and responding to systems failures 

12 (including by cockpit or flight manual procedures). 

13 SEC. 18. AMENDED TYPE CERTIFICATES. 

14 (a) REVIEW AND REEVALUATION OF AMENDED TYPE

15 CERTIFICATES.— 

16 (1) INTERNATIONAL LEADERSHIP.—The Ad17 ministrator shall exercise leadership in the creation 

18 of international policies and standards relating to 

19 the issuance of amended type certificates within the 

20 group of international civil aviation authorities 

21 known as the Certificate Management Team. 

22 (2) REEVALUATION OF AMENDED TYPE CER23 TIFICATES.—In carrying out this subsection, the Ad24 ministrator shall— 


pamtmann on DSKBC07HB2PROD with BILLS
60 

•HR 8408 RH

1 (A) encourage Certificate Management 

2 Team members to examine and address any rel3 evant covered recommendations (as defined in 

4 section 22) relating to the issuance of amended 

5 type certificates; 

6 (B) reevaluate existing assumptions and 

7 practices inherent in the amended type certifi8 cate process and assess whether such assump9 tions and practices are valid; and 

10 (C) ensure, to the greatest extent prac11 ticable, that Federal regulations relating to the 

12 issuance of amended type certificates are har13 monized with the regulations of other inter14 national states of design. 

15 (b) AMENDED TYPE CERTIFICATE REPORT AND

16 RULEMAKING.— 

17 (1) REPORT ON CERTIFICATE MANAGEMENT

18 TEAM EFFORTS.—Not later than 18 months after 

19 the date of enactment of this Act, the Administrator 

20 shall submit a report to the congressional commit21 tees of jurisdiction on the efforts by the Certificate 

22 Management Team to modify and harmonize policies 

23 and regulations relating to the issuance of amended 

24 type certificates. 


pamtmann on DSKBC07HB2PROD with BILLS
61 

•HR 8408 RH

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

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

3 Administrator shall revise and improve the process 

4 of issuing amended type certificates in accordance 

5 with this section. Such action may include the revi6 sion of guidance, the initiating of a rulemaking, or 

7 such other action as the Administrator determines 

8 necessary to implement this section. 

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

10 under paragraph (2), the Administrator shall— 

11 (A) consider— 

12 (i) the findings and work of the Cer13 tificate Management Team and other simi14 lar international harmonization efforts; 

15 (ii) any relevant covered recommenda16 tions (as defined in section 22); and 

17 (iii) whether a fixed time beyond 

18 which a type certificate may not be amend19 ed would improve aviation safety; and 

20 (B) establish the extent to which the fol21 lowing design characteristics should preclude 

22 the issuance of an amended type certificate: 

23 (i) A new or revised flight control sys24 tem. 


pamtmann on DSKBC07HB2PROD with BILLS
62 

•HR 8408 RH

1 (ii) Any substantial changes to aero2 dynamic stability resulting from a physical 

3 change that may require a new or modified 

4 software system or control law in order to 

5 produce positive and acceptable stability 

6 and handling qualities. 

7 (iii) A flight control system or aug8 mented software to maintain aerodynamic 

9 stability in any portion of the flight enve10 lope that was not required for a previously 

11 certified derivative. 

12 (iv) A change in structural compo13 nents (other than a stretch or shrink of 

14 the fuselage) that results in a change in 

15 structural load paths or the magnitude of 

16 structural loads attributed to flight maneu17 vers or cabin pressurization. 

18 (v) A novel or unusual system, compo19 nent, or other feature whose failure would 

20 present a hazardous or catastrophic risk. 

21 (4) DEADLINE.—The Administrator shall final22 ize the actions initiated under paragraph (2) not 

23 later than 3 years after the date of enactment of 

24 this Act. 


pamtmann on DSKBC07HB2PROD with BILLS
63 

•HR 8408 RH

1 (c) INTERNATIONAL LEADERSHIP.—The Adminis2 trator shall exercise leadership within the International 

3 Civil Aviation Organization and among other civil aviation 

4 regulators representing states of aircraft design to advo5 cate for the adoption of requirements equivalent to those 

6 described in this section. 

7 SEC. 19. WHISTLEBLOWER PROTECTIONS. 

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

9 amended— 

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

11 following: 

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

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

14 contractor or subcontractor of such holder, may not dis15 charge an employee or otherwise discriminate against an 

16 employee with respect to compensation, terms, conditions, 

17 or privileges of employment because the employee (or any 

18 person acting pursuant to a request of the employee)— 

19 ‘‘(1) provided, caused to be provided, or is 

20 about to provide (with any knowledge of the em21 ployer) or cause to be provided to the employer or 

22 Federal Government information relating to any vio23 lation or alleged violation of any order, regulation, 

24 or standard of the Federal Aviation Administration 

25 or any other provision of Federal law relating to 


pamtmann on DSKBC07HB2PROD with BILLS
64 

•HR 8408 RH

1 aviation safety under this subtitle or any other law 

2 of the United States; 

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

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

5 to be filed a proceeding relating to any violation or 

6 alleged violation of any order, regulation, or stand7 ard of the Federal Aviation Administration or any 

8 other provision of Federal law relating to aviation 

9 safety under this subtitle or any other law of the 

10 United States; 

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

12 proceeding; or 

13 ‘‘(4) assisted or participated or is about to as14 sist or participate in such a proceeding.’’; 

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

16 following: 

17 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA18 TIONS.—Subsection (a) shall not apply with respect to an 

19 employee of a holder of a certificate issued under section 

20 44704 or 44705, or a contractor or subcontractor thereof, 

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

22 contractor, or subcontractor (or such person’s agent), de23 liberately causes a violation of any requirement relating 

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

25 the United States.’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
65 

•HR 8408 RH

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

2 following: 

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

4 term ‘contractor’ means— 

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

6 functions by contract for an air carrier or commer7 cial operator; or 

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

9 functions related to the design or production of an 

10 aircraft, aircraft engine, propeller, appliance, or 

11 component thereof by contract for a holder of a cer12 tificate issued under section 44704.’’. 

13 SEC. 20. PILOT TRAINING. 

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

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

16 by adding at the end the following: 

17 ‘‘§ 44743. Pilot training requirements 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) ADMINISTRATOR’S DETERMINATION.—In 

20 establishing any pilot training requirements with re21 spect to a new transport airplane, the Administrator 

22 of the Federal Aviation Administration shall inde23 pendently review any proposal by the manufacturer 

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


pamtmann on DSKBC07HB2PROD with BILLS
66 

•HR 8408 RH

1 or minimum level of training required for operation 

2 of such airplane. 

3 ‘‘(2) ASSURANCES AND MARKETING REPRESEN4 TATIONS.—Before the Administrator has established 

5 applicable training requirements, an applicant for a 

6 new or amended type certificate for an airplane de7 scribed in paragraph (1) may not, with respect to 

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

9 such airplane— 

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

11 or in writing, to a potential purchaser of such 

12 airplane unless a clear and conspicuous dis13 claimer (as defined by the Administrator) is in14 cluded regarding the status of training required 

15 for operation of such airplane; or 

16 ‘‘(B) provide financial incentives (including 

17 rebates) to a potential purchaser of such air18 plane regarding the scope, format, or mag19 nitude of pilot training for such airplane. 

20 ‘‘(b) PILOT RESPONSE TIME.—Beginning on the day 

21 after the date on which regulations are issued under sec22 tion 20(b)(5) of the Aircraft Certification Reform and Ac23 countability Act, the Administrator may not issue a new 

24 or amended type certificate for an airplane described in 

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


pamtmann on DSKBC07HB2PROD with BILLS
67 

•HR 8408 RH

1 demonstrated to the Administrator that the applicant has 

2 accounted for realistic assumptions regarding the time for 

3 pilot responses to non-normal conditions in designing the 

4 systems and instrumentation of such airplane. Such as5 sumptions shall— 

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

7 technical validation methods; and 

8 ‘‘(2) account for generally accepted scientific 

9 consensus among experts in human factors regard10 ing realistic pilot response time. 

11 ‘‘(c) DEFINITION.—In this section, the term ‘trans12 port airplane’ means a transport-category airplane de13 signed for operation by an air carrier or foreign air carrier 

14 type-certificated with a passenger seating capacity of 30 

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

16 airplane.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

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

19 amended by adding at the end the following: 

‘‘44743. Pilot training requirements.’’. 

20 (c) EXPERT SAFETY REVIEW.— 

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

22 the date of enactment of this Act, the Administrator 

23 shall initiate an expert safety review of assumptions 

24 relied upon by the Administration and manufacturVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
68 

•HR 8408 RH

1 ers of transport-category aircraft in the design and 

2 certification of such aircraft. 

3 (2) CONTENTS.—The expert safety review re4 quired under paragraph (1) shall include— 

5 (A) a review of Administration regulations, 

6 guidance, and directives related to pilot re7 sponse assumptions relied upon by the FAA 

8 and manufacturers of transport-category air9 craft in the design and certification of such air10 craft; 

11 (B) a focused review of the assumptions 

12 relied on regarding the time for pilot responses 

13 to non-normal conditions in designing such air14 craft’s systems and instrumentation; 

15 (C) a review of revisions made to the air16 man certification standards for certificates over 

17 the last four years, including any possible ef18 fects on pilot competency in basic manual flying 

19 skills; 

20 (D) consideration of the global nature of 

21 the aviation marketplace, varying levels of pilot 

22 competency, and differences in pilot training 

23 programs worldwide; and 

24 (E) a process for aviation stakeholders, in25 cluding pilots, airlines, inspectors, engineers, 


pamtmann on DSKBC07HB2PROD with BILLS
69 

•HR 8408 RH

1 test pilots, human factors experts, and other 

2 aviation safety experts, to provide and discuss 

3 any observations, feedback, and best practices. 

4 (3) REPORT AND RECOMMENDATIONS.—Not 

5 later than 30 days after the conclusion of the expert 

6 safety review pursuant to paragraph (1), the Admin7 istrator shall submit to the congressional committees 

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

9 any recommendations for actions or best practices to 

10 ensure the FAA and the manufacturers of transport11 category aircraft have accounted for pilot response 

12 assumptions to be relied upon in the design and cer13 tification of transport-category aircraft. 

14 (4) TERMINATION.—The expert safety review 

15 shall end upon submission of the report required 

16 pursuant to paragraph (3). 

17 (5) REGULATIONS.—The Administrator shall 

18 issue such regulations as are necessary to implement 

19 the recommendations of the expert safety review 

20 that the Administrator determines are necessary to 

21 improve aviation safety. 

22 (d) CALL TO ACTION ON AIRMAN CERTIFICATION

23 STANDARDS.— 

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

25 the date of enactment of this Act, the Administrator 


pamtmann on DSKBC07HB2PROD with BILLS
70 

•HR 8408 RH

1 shall initiate a call to action safety review of pilot 

2 certification standards in order to bring stakeholders 

3 together to share lessons learned, best practices, and 

4 implement actions to address any safety issues iden5 tified. 

6 (2) CONTENTS.—The call to action safety re7 view required under paragraph (1) shall include— 

8 (A) a review of Administration regulations, 

9 guidance, and directives related to the pilot cer10 tification standards, including the oversight of 

11 those processes; 

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

13 certification standards for certificates over the 

14 last four years, including any possible effects on 

15 pilot competency in manual flying skills and ef16 fectively managing automation to improve safe17 ty; and 

18 (C) a process for aviation stakeholders, in19 cluding aviation students, instructors, des20 ignated pilot examiners, pilots, airlines, labor, 

21 and aviation safety experts, to provide and dis22 cuss any observations, feedback, and best prac23 tices. 

24 (3) REPORT AND RECOMMENDATIONS.—Not 

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


pamtmann on DSKBC07HB2PROD with BILLS
71 

•HR 8408 RH

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

2 Administrator shall submit to the congressional com3 mittees of jurisdiction a report on the results of the 

4 review, any recommendations for actions or best 

5 practices to ensure pilot competency in basic manual 

6 flying skills and in effective management of automa7 tion, and actions the Administrator will take in re8 sponse to the recommendations. 

9 (e) INTERNATIONAL PILOT TRAINING.— 

10 (1) IN GENERAL.—The Secretary of Transpor11 tation, the Administrator, and other appropriate of12 ficials of the Government shall exercise leadership in 

13 setting global standards to improve air carrier pilot 

14 training and qualifications for— 

15 (A) monitoring and managing the behavior 

16 and performance of automated systems; 

17 (B) controlling the flightpath of aircraft 

18 without autoflight systems engaged; 

19 (C) effectively utilizing and managing 

20 autoflight systems, when appropriate; 

21 (D) effectively identifying situations in 

22 which the use of autoflight systems is appro23 priate and when such use is not appropriate; 

24 and 


pamtmann on DSKBC07HB2PROD with BILLS
72 

•HR 8408 RH

1 (E) recognizing and responding appro2 priately to non-normal conditions. 

3 (2) INTERNATIONAL LEADERSHIP.—The Sec4 retary, the Administrator, and other appropriate of5 ficials of the Government shall exercise leadership 

6 under subsection (a) by working with— 

7 (A) foreign counterparts of the Adminis8 trator in the International Civil Aviation Orga9 nization and its subsidiary organizations; 

10 (B) other international organizations and 

11 fora; and 

12 (C) the private sector. 

13 (3) CONSIDERATIONS.—In exercising leadership 

14 under paragraph (1), the Secretary, the Adminis15 trator, and other appropriate officials of the Govern16 ment shall consider— 

17 (A) the latest information relating to 

18 human factors; 

19 (B) aircraft manufacturing trends, includ20 ing those relating to increased automation in 

21 the cockpit; 

22 (C) the extent to which cockpit automation 

23 improves aviation safety and introduces novel 

24 risks; 


pamtmann on DSKBC07HB2PROD with BILLS
73 

•HR 8408 RH

1 (D) the availability of opportunities for pi2 lots to practice manual flying skills; 

3 (E) the need for consistency in maintain4 ing and enhancing manual flying skills world5 wide; 

6 (F) recommended practices of other coun7 tries that enhance manual flying skills and au8 tomation management; and 

9 (G) whether a need exists for initial and 

10 recurrent training standards for improve pilots’ 

11 proficiency in manual flight and in effective 

12 management of autoflight systems. 

13 (4) CONGRESSIONAL BRIEFING.—The Sec14 retary, the Administrator, and other appropriate of15 ficials of the Government shall provide to the con16 gressional committees of jurisdiction regular brief17 ings on the status of efforts undertaken pursuant to 

18 this section. 

19 SEC. 21. NONCONFORMITY WITH APPROVED TYPE DESIGN. 

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

21 further amended by adding at the end the following: 

22 ‘‘(6) NONCONFORMITY WITH APPROVED TYPE

23 DESIGN.— 

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

25 subparagraph (D), a holder of a production cerVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
74 

•HR 8408 RH

1 tificate for an aircraft may not present a non2 conforming aircraft to the Administrator for 

3 issuance of an airworthiness certificate. 

4 ‘‘(B) CIVIL PENALTY.—Notwithstanding 

5 section 46301, a production certificate holder 

6 who knowingly violates subparagraph (A) shall 

7 be liable to the Administrator for a civil penalty 

8 of not more than $1,000,000 for each noncon9 forming aircraft. 

10 ‘‘(C) PENALTY CONSIDERATIONS.—In de11 termining the amount of a civil penalty under 

12 subparagraph (B), the Administrator shall con13 sider— 

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

15 and gravity of the violation, including the 

16 length of time the nonconformity was 

17 known but not disclosed; and 

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

19 degree of culpability, any history of prior 

20 violations, and the size of the business con21 cern. 

22 ‘‘(D) REMEDIAL ACTION.—The Adminis23 trator may permit a production certificate hold24 er to present a nonconforming aircraft to the 


pamtmann on DSKBC07HB2PROD with BILLS
75 

•HR 8408 RH

1 Administrator for an airworthiness certificate 

2 if— 

3 ‘‘(i) the Administrator determines the 

4 nonconformity, when compared to the con5 figuration approved as part of the type de6 sign, does not diminish by any degree the 

7 aircraft’s safe operation without any 

8 change in flight crew operating procedures; 

9 ‘‘(ii) the Administrator determines the 

10 nonconformity was not the product of an 

11 intentional decision by the production cer12 tificate holder to alter the aircraft’s con13 figuration from the approved type design; 

14 ‘‘(iii) the production certificate holder 

15 has fully complied with subparagraph (E); 

16 ‘‘(iv) the production certificate holder 

17 agrees to correct the nonconformity on all 

18 nonconforming aircraft within a timeframe 

19 that is— 

20 ‘‘(I) prescribed by the Adminis21 trator; and 

22 ‘‘(II) commensurate with the se23 verity of the nonconformity; 

24 ‘‘(v) the production certificate holder 

25 informs a person who is to take delivery of 


pamtmann on DSKBC07HB2PROD with BILLS
76 

•HR 8408 RH

1 the nonconforming aircraft of the non2 conformance prior to its delivery; and 

3 ‘‘(vi) the production certificate holder 

4 agrees not to impose any penalty, financial 

5 or otherwise, on a person that chooses to 

6 delay the delivery of a nonconforming air7 craft until the production certificate hold8 er, to the Administrator’s satisfaction, con9 forms the aircraft to the approved type de10 sign of such aircraft. 

11 ‘‘(E) NOTIFICATION AND PROPOSED REME12 DIAL ACTION.—A production certificate holder 

13 shall, within 5 days of determining that such 

14 production certificate holder delivered a noncon15 forming aircraft, notify the Administrator, the 

16 purchaser of the airplane, and (if the purchaser 

17 is a lessor) the intended operator of the air18 plane, if known. A notification under this clause 

19 shall describe— 

20 ‘‘(i) the nonconformity in detail; and 

21 ‘‘(ii) the production certificate hold22 er’s initial proposal for actions necessary 

23 to eliminate the nonconformity. 

24 ‘‘(F) NONCONFORMING AIRCRAFT DE25 FINED.—In this paragraph, the term ‘nonconVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
77 

•HR 8408 RH

1 forming aircraft’ means an aircraft that does 

2 not conform to the approved type design for 

3 such aircraft type.’’. 

4 SEC. 22. IMPLEMENTATION OF RECOMMENDATIONS. 

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

6 date of enactment of this Act, the Administrator shall sub7 mit a report to the congressional committees of jurisdic8 tion on the status of the Administration’s implementation 

9 of covered recommendations. 

10 (b) CONTENTS.—The report required under sub11 section (a) shall contain, at a minimum— 

12 (1) a list and description of all covered rec13 ommendations; 

14 (2) a determination of whether the Adminis15 trator concurs, concurs in part, or does not concur 

16 with each covered recommendation; 

17 (3) an implementation plan and schedule for all 

18 covered recommendations the Administrator concurs 

19 or concurs in part with; and 

20 (4) for each covered recommendation with 

21 which the Administrator does not concur (in whole 

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

23 (c) COVERED RECOMMENDATIONS DEFINED.—In 

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

25 recommendations made by the following entities in any reVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
78 

•HR 8408 RH

1 view initiated in response to the accident of Lion Air flight 

2 610 on October 29, 2018, or Ethiopian Airlines flight 302 

3 on March 10, 2019, that recommend Administration ac4 tion: 

5 (1) The National Transportation Safety Board. 

6 (2) The Joint Authorities Technical Review. 

7 (3) The inspector general of the Department of 

8 Transportation. 

9 (4) The Safety Oversight and Certification Ad10 visory Committee, or any special committee thereof. 

11 (5) Any other entity the Administrator may 

12 designate. 

13 SEC. 23. OVERSIGHT OF FAA COMPLIANCE PROGRAM. 

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

15 date of enactment of this Act, the Administrator shall es16 tablish an Executive Council within the Administration to 

17 oversee the use and effectiveness across program offices 

18 of the Administration’s Compliance Program, described in 

19 Order 8000.373A dated October 31, 2018. 

20 (b) COMPLIANCE PROGRAM OVERSIGHT.—The Exec21 utive Council established under this section shall— 

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

23 use of the Compliance Program across program of24 fices of the Administration, including data on enVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
79 

•HR 8408 RH

1 forcement actions and compliance actions pursued 

2 against regulated entities by such program offices; 

3 (2) conduct an evaluation of the Compliance 

4 Program, not less frequently than annually each cal5 endar year through 2023, to assess the functioning 

6 and effectiveness of such program in meeting the 

7 stated goals and purpose of the program; 

8 (3) provide reports to the Administrator con9 taining the results of any evaluation conducted 

10 under paragraph (2), including identifying in such 

11 report any nonconformities or deficiencies in the im12 plementation of the program and compliance of reg13 ulated entities with safety standards of the Adminis14 tration; 

15 (4) make recommendations to the Adminis16 trator on regulations, guidance, performance stand17 ards or metrics, or other controls that should be 

18 issued by the Administrator to improve the effective19 ness of the Compliance Program in meeting the stat20 ed goals and purpose of the program and to ensure 

21 the highest levels of aviation safety; and 

22 (5) carry out any other oversight duties with re23 spect to implementation of the Compliance Program 

24 and assigned by the Administrator. 

25 (c) EXECUTIVE COUNCIL.— 


pamtmann on DSKBC07HB2PROD with BILLS
80 

•HR 8408 RH

1 (1) EXECUTIVE COUNCIL MEMBERSHIP.—The 

2 Compliance Program Executive Council shall be 

3 comprised of representatives from each program of4 fice with regulatory responsibility as provided in 

5 Order 8000.373A. 

6 (2) CHAIRPERSON.—The Executive Council 

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

8 by the Administrator and shall report directly to the 

9 Administrator. 

10 (3) INDEPENDENCE.—The Secretary of Trans11 portation, the Administrator, or any officer or em12 ployee of the Administration may not prevent or pro13 hibit the chair of the Executive Council from per14 forming the activities described in this section or 

15 from reporting to Congress on such activities. 

16 (4) DURATION.—The Executive Council shall 

17 terminate on October 1, 2023. 

18 (d) ANNUAL BRIEFING.—Each calendar year 

19 through 2023, the chair of the Executive Council shall 

20 provide a briefing to the congressional committees of juris21 diction on the effectiveness of the Administration’s Com22 pliance Program in meeting the stated goals and purpose 

23 of the program and the activities of the office described 

24 in subsection (b), including any reports and recommendaVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
81 

•HR 8408 RH

1 tions made by the office during the preceding calendar 

2 year. 

3 SEC. 24. SETTLEMENT AGREEMENT. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Administrator should fully exercise all 

6 rights and pursue all remedies available to the Adminis7 trator under any settlement agreement between the Ad8 ministration and the holder of a type certificate and pro9 duction certificate for transport airplanes executed on De10 cember 18, 2015, including a demand for full payment of 

11 any applicable civil penalties deferred under such agree12 ment, if the Administrator concludes that such holder has 

13 not fully performed all obligations incurred under such 

14 agreement. 

15 (b) CONGRESSIONAL BRIEFING.—Not later than 

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

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

18 performed all obligations incurred by such certificate hold19 er under such settlement agreement, the Administrator 

20 shall brief the congressional committees of jurisdiction on 

21 action taken consistent with subsection (a). 

22 SEC. 25. HUMAN FACTORS. 

23 (a) AIRCRAFT CERTIFICATION PROCESS.— 

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

25 after the date of enactment of this Act, the AdminisVerDate Sep 11 2014 01:17 Nov 17, 2020 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H8408.RH H8408

pamtmann on DSKBC07HB2PROD with BILLS
82 

•HR 8408 RH

1 trator (acting through the Associate Administrator 

2 for Aviation Safety of the Administration) shall— 

3 (A) conduct an evaluation of the develop4 ment of tools and methods to support the inte5 gration of human factors assessment and sys6 tem safety assessments of human interaction 

7 with flight deck and flight control systems for 

8 transport airplanes into the aircraft certifi9 cation process under section 44704 of title 49, 

10 United States Code; and 

11 (B) develop a framework to better inte12 grate human factors throughout such aircraft 

13 certification process with the objective of im14 proving safety by designing systems and train15 ing pilots in a manner that accounts for con16 temporary knowledge to reduce the possibility 

17 of an accident resulting in whole or in part 

18 from the pilot’s interaction with the aircraft. 

19 (2) REPORT TO CONGRESS.—Not later than 60 

20 days after the completion of the evaluation required 

21 under paragraph (1), the Administrator shall submit 

22 to Congress a report detailing the findings of such 

23 report and a plan for implementation based on such 

24 findings of such report. 


pamtmann on DSKBC07HB2PROD with BILLS
83 

•HR 8408 RH

1 (3) IMPLEMENTATION.—Upon submission of 

2 the report required under paragraph (2), the Admin3 istrator shall implement the findings of such evalua4 tion. 

5 (b) HUMAN FACTORS EDUCATION PROGRAM.— 

6 (1) IN GENERAL.—The Administrator shall de7 velop a human factors education program that ad8 dresses the effects of modern flight deck systems, in9 cluding automated systems, on human performance 

10 for transport airplanes and the approaches for better 

11 integration of human factors in aircraft design and 

12 certification. 

13 (2) TARGET AUDIENCE.—The human factors 

14 education program shall be integrated into the train15 ing protocol in existence as of the date of the enact16 ment of this Act such that such program is routinely 

17 administered to the following: 

18 (A) Appropriate employees within the 

19 Flight Standards Service. 

20 (B) Appropriate employees within the Air21 craft Certification Service. 

22 (C) Other employees or authorized rep23 resentatives determined to be necessary by the 

24 Administrator. 


pamtmann on DSKBC07HB2PROD with BILLS
84 

•HR 8408 RH

1 (c) TRANSPORT AIRPLANE MANUFACTURER INFOR2 MATION SHARING.—The Administrator shall— 

3 (1) require each transport airplane manufac4 turer to provide the Administrator with the informa5 tion or findings necessary for flight crew to be 

6 trained on flight deck systems; 

7 (2) ensure the information or findings under 

8 paragraph (1) adequately includes consideration of 

9 human factors; and 

10 (3) ensure that each transport airplane manu11 facturer identifies any technical basis, justification 

12 or rationale for the information and findings under 

13 paragraph (1). 

14 SEC. 26. TECHNICAL CORRECTIONS. 

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

16 amended— 

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

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

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

20 and 44719–44723)’’; 

21 (2) in subsection (a)(5)(A) by striking ‘‘(except 

22 sections 44717–44723)’’ and inserting ‘‘(except sec23 tions 44704(a)(6), 44704(e)(4), and 44717– 

24 44723)’’; 


pamtmann on DSKBC07HB2PROD with BILLS
85 

•HR 8408 RH

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

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

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

4 and 44719–44723)’’; and 

5 (4) in subsection (f)(1)(A)(i) by striking ‘‘(ex6 cept sections 44717 and 44719–44723)’’ and insert7 ing ‘‘(except sections 44704(a)(6), 44704(e)(4), 

8 44717, and 44719–44723)’’. 

9 SEC. 27. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTRATION; FAA.—The terms ‘‘Ad12 ministration’’ and ‘‘FAA’’ mean the Federal Avia13 tion Administration. 

14 (2) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the FAA. 

16 (3) ORGANIZATION DESIGNATION AUTHORIZA17 TION.—The term ‘‘organization designation author18 ization’’ has the same meaning given such term in 

19 section 44736 of title 49, United States Code. 

20 (4) CONGRESSIONAL COMMITTEES OF JURISDIC21 TION.—The term ‘‘congressional committees of juris22 diction’’ means the Committee on Transportation 

23 and Infrastructure of the House of Representatives 

24 and the Committee on Commerce, Science, and 

25 Transportation of the Senate. 


pamtmann on DSKBC07HB2PROD with BILLS
86 

•HR 8408 RH

1 (5) HUMAN FACTORS.—The term ‘‘human fac2 tors’’ means a multidisciplinary set of principles de3 veloped to holistically explain and predict pilot be4 havior in relation to the management of the oper5 ation of an aircraft, including the pilot’s manage6 ment of aircraft systems and response to systems 

7 failures and non-normal conditions. 

8 (6) TRANSPORT AIRPLANE.—The term ‘‘trans9 port airplane’’ means a transport-category airplane 

10 designed for operation by an air carrier or foreign 

11 air carrier type-certificated with a passenger seating 

12 capacity of 30 or more or an all-cargo or combi de13 rivative of such an airplane. 

14 (7) TYPE CERTIFICATE.—The term ‘‘type cer15 tificate’’— 

16 (A) means a type certificate issued pursu17 ant to section 44704(a) of title 49, United 

18 States Code, or an amendment to such certifi19 cate; and 

20 (B) does not include a supplemental type 

21 certificate issued under section 44704(b) of 

22 such section. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 477 

116TH CONGRESS 

2D SESSION H. R. 8408 

[Report No. 116–579] 

A BILL 

To direct the Administrator of the Federal Aviation 

ards relating to aircraft, and for other purposes. Administration to require certain safety standNOVEMBER 16, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS