IIB 
116TH CONGRESS 
2D SESSION 
H. R. 8408 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 18, 2020 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To direct the Administrator of the Federal Aviation Adminis-
tration to require certain safety standards relating to 
aircraft, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Aircraft Certification Reform and Accountability Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Safety management systems. 
Sec. 3. Expert review of organization designation authorizations for transport 
airplanes. 
Sec. 4. Certification oversight staff. 
Sec. 5. Disclosure of safety-critical information. 
Sec. 6. Periodic reviews of organization designation authorizations. 
Sec. 7. Limitations on delegation. 
Sec. 8. Oversight of organization designation authorization unit members. 
Sec. 9. Integrated project teams. 
Sec. 10. Oversight integrity briefing. 
Sec. 11. Appeals of certification decisions. 
Sec. 12. Employment restrictions. 
Sec. 13. Professional development and skills enhancement. 
Sec. 14. Voluntary safety reporting program. 
Sec. 15. Compensation limitation. 
Sec. 16. System safety assessments and other requirements. 
Sec. 17. Flight crew alerting. 
Sec. 18. Amended type certificates. 
Sec. 19. Whistleblower protections. 
Sec. 20. Pilot training. 
Sec. 21. Nonconformity with approved type design. 
Sec. 22. Implementation of recommendations. 
Sec. 23. Oversight of FAA compliance program. 
Sec. 24. Settlement agreement. 
Sec. 25. Human factors. 
Sec. 26. Technical corrections. 
Sec. 27. Definitions. 
SEC. 2. SAFETY MANAGEMENT SYSTEMS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Administrator shall ini-
tiate a rulemaking proceeding to require each person who 
holds both a type certificate and a production certificate 
issued under section 44704 of title 49, United States 
Code, to adopt, not later than the earlier of the date that 
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is 180 days after the issuance of the regulation required 
under this subsection or the date that is 4 years after the 
date of enactment of this Act, a safety management sys-
tem consistent with the standards and recommended prac-
tices contained in annex 19 to the Convention on Inter-
national Civil Aviation (61 Stat. 1180) in effect on the 
earlier of the date of the issuance of such regulations or 
the date that is 4 years after the date of enactment of 
this Act. 
(b) CONTENTS OF REGULATIONS.—The regulations 
issued under subsection (a) shall, at a minimum, include 
provisions for the Administrator’s approval of, and regular 
oversight of adherence to, a certificate holder’s safety 
management system adopted pursuant to such regula-
tions. 
(c) DEADLINE.—Not later than 12 months after the 
end of the comment period for the proposed rule issued 
pursuant to subsection (a), the Administrator shall issue 
a final rule with respect to such proposed rule. 
(d) SAFETY REPORTING PROGRAM.—The regulations 
issued under subsection (a) shall require a safety manage-
ment system to include a confidential employee reporting 
system through which employees can report hazards, 
issues, concerns, occurrences, and incidents. A reporting 
system under this subsection shall include provisions for 
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non-punitive reporting of such items by employees in a 
manner consistent with other confidential employee re-
porting systems administered by the Administrator. Such 
regulations shall also require a certificate holder described 
in subsection (a) to submit a summary of reports received 
under this subsection to the Administrator at least twice 
per year. 
(e) CODE OF ETHICS.—The regulations issued under 
subsection (a) shall require a safety management system 
to include establishment of a code of ethics applicable to 
all employees of a certificate holder, including officers, 
which clarifies that safety is the organization’s highest pri-
ority. 
(f) PROTECTION OF SAFETY INFORMATION.—Section 
44735(a) of title 49, United States Code, is amended— 
(1) by striking ‘‘title 5 if the report’’ and in-
serting the following: ‘‘title 5— 
‘‘(1) if the report’’; 
(2) by striking the period at the end and insert-
ing ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(2) if the report, data, or other information is 
submitted to the Federal Aviation Administration 
pursuant to section 2(d) of the Aircraft Certification 
Reform and Accountability Act.’’. 
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SEC. 3. EXPERT REVIEW OF ORGANIZATION DESIGNATION 
AUTHORIZATIONS 
FOR 
TRANSPORT 
AIR-
PLANES. 
(a) EXPERT REVIEW.— 
(1) ESTABLISHMENT.—Not later than 30 days 
after the date of enactment of this Act, the Adminis-
trator shall convene an expert panel (in this section 
referred to as the ‘‘review panel’’) to review and 
make findings and recommendations on the matters 
listed in paragraph (2). 
(2) CONTENTS OF REVIEW.—With respect to 
each holder of an organization designation author-
ization for the design and production of transport 
airplanes, the review panel shall review the following: 
(A) The extent to which the holder has im-
plemented a safety culture consistent with the 
principles of the International Civil Aviation 
Organization 
Safety 
Management 
Manual, 
Fourth Edition (International Civil Aviation 
Organization Doc. No. 9589) or any similar 
successor document. 
(B) The effectiveness of measures insti-
tuted by the holder to instill, among employees 
and contractors of such holder that support or-
ganization designation authorization functions, 
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a commitment to safety above all other prior-
ities. 
(C) The holder’s capability, based on the 
holder’s organizational structures, requirements 
applicable to officers and employees of such 
holder, and safety culture, of making reasonable 
and appropriate decisions regarding functions 
delegated to the holder pursuant to the organi-
zation designation authorization. 
(D) Any other matter determined by the 
Administrator for which inclusion in the review 
would be consistent with the public interest in 
aviation safety. 
(3) COMPOSITION OF REVIEW PANEL.—The re-
view panel shall consist of— 
(A) 2 representatives of the National Aero-
nautics and Space Administration; 
(B) 2 employees of the Administration’s 
Aircraft Certification Service with experience 
conducting oversight of persons not involved in 
the design or production of transport airplanes; 
(C) 1 employee of the Administration’s 
Aircraft Certification Service with experience 
conducting oversight of persons involved in the 
design or production of transport airplanes; 
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(D) 2 employees of the Administration’s 
Flight Standards Service with experience in 
oversight of safety management systems; 
(E) 1 appropriately qualified representa-
tive, designated by the applicable represented 
organization, of each of— 
(i) a labor union representing airline 
pilots involved in both passenger and all- 
cargo operations; 
(ii) a labor union, not selected under 
clause (i), representing airline pilots with 
expertise in the matters described in para-
graph (2); 
(iii) a labor union representing em-
ployees engaged in the assembly of trans-
port airplanes; 
(iv) the certified bargaining represent-
ative under section 7111 of title 5, United 
States Code, for field engineers engaged in 
the audit or oversight of an organization 
designation authorization within the Air-
craft Certification Service of the Adminis-
tration; and 
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(v) the certified bargaining represent-
ative for safety inspectors of the Adminis-
tration; 
(F) 2 independent experts who have not 
served as a political appointee in the Adminis-
tration and— 
(i) who hold either a baccalaureate or 
postgraduate degree in the field of aero-
space engineering or a related discipline; 
and 
(ii) who have a minimum of 20 years 
of relevant applied experience; 
(G) 4 air carrier employees whose job re-
sponsibilities include administration of a safety 
management system; and 
(H) 4 individuals representing 4 different 
holders of organization designation authoriza-
tions, with preference given to individuals rep-
resenting holders of organization designation 
authorizations for the design or production of 
aircraft other than transport airplanes or for 
the design or production of aircraft engines, 
propellers, or appliances. 
(4) RECOMMENDATIONS.—The review panel 
shall make recommendations to the Administrator 
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regarding suggested actions to address any defi-
ciencies found after review of the matters listed in 
paragraph (2). 
(5) REPORT.— 
(A) SUBMISSION.—Not later than 270 
days after the date on which the review panel 
is established, the review panel shall transmit to 
the Administrator and the congressional com-
mittees of jurisdiction a report containing the 
findings and recommendations of the review 
panel regarding the matters listed in paragraph 
(2), except that such report shall include— 
(i) only such findings endorsed by 10 
or more individual members of the review 
panel; and 
(ii) only such recommendations de-
scribed in paragraph (4) endorsed by 18 or 
more of the individual members of the re-
view panel. 
(B) DISSENTING
VIEWS.—In submitting 
the report required under this paragraph, the 
review panel shall append to such report the 
dissenting views of any individual member or 
group of members of the review panel regarding 
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the findings or recommendations of the review 
panel. 
(C) PUBLICATION.—Not later than 5 days 
after receiving the report under subparagraph 
(A), the Administrator shall publish such re-
port, including any dissenting views appended 
to the report, on the website of the Administra-
tion. 
(D) TERMINATION.—The review panel 
shall terminate upon submission of the report 
under subparagraph (A). 
(6) ADMINISTRATIVE PROVISIONS.— 
(A) ACCESS
TO
INFORMATION.—The re-
view panel shall have authority to perform the 
following actions if a majority of the total num-
ber of review panel members consider each ac-
tion necessary and appropriate: 
(i) Entering onto the premises of an 
organization 
designation 
authorization 
holder described in subsection (a) for ac-
cess to and inspection of records or other 
purposes. 
(ii) Notwithstanding any other provi-
sion of law, accessing and inspecting 
unredacted records in the possession of an 
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States Code, shall not be required to 
execute agreements under this sub-
paragraph. 
(iii) PROTECTION
OF
VOLUNTARILY 
SUBMITTED SAFETY INFORMATION.—Infor-
mation subject to protection from disclo-
sure by the Administration in accordance 
with sections 40123 and 44735 of title 49, 
United States Code, is deemed voluntarily 
submitted to the Administration under 
such sections when shared with the review 
panel and retains its protection from dis-
closure (including protection under section 
552(b)(3) of title 5, United States Code). 
The custodian of a record subject to such 
protection may mark such record as sub-
ject to statutory protections. A marking 
under this subparagraph shall not be dis-
positive with respect to whether such 
record contains any information subject to 
legal protections from public disclosure. 
Members of the review panel will protect 
voluntarily submitted safety information 
and other otherwise exempt information to 
the extent permitted under applicable law. 
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(iv) PROTECTION
OF
PROPRIETARY 
INFORMATION
AND
TRADE
SECRETS.— 
Members of the review panel will protect 
proprietary information, trade secrets, and 
other otherwise exempt information to the 
extent permitted under applicable law. 
(v) RESOLVING
CLASSIFICATION
OF 
INFORMATION.—If the review panel and an 
organization 
designation 
authorization 
holder subject to review under this section 
disagree as to the proper classification of 
information described in this subpara-
graph, then the deputy chief counsel of the 
Administration shall determine the proper 
classification of such information and 
whether such information will be redacted. 
(D) APPLICABLE LAW.—Public Law 92– 
463 shall not apply to the panel established 
under this subsection. 
(E) FINANCIAL
INTEREST
DEFINED.—In 
this paragraph, the term ‘‘financial interest’’— 
(i) excludes securities held in an index 
fund; and 
(ii) includes— 
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(I) any current or contingent 
ownership, equity, or security interest; 
(II) an indebtedness or com-
pensated employment relationship; or 
(III) any right to purchase or ac-
quire any such interest, including a 
stock option or commodity future. 
(b) FAA AUTHORITY.— 
(1) IN GENERAL.—After reviewing the findings 
of the review panel submitted under subsection 
(a)(5), the Administrator may limit, suspend, or ter-
minate an organization designation authorization 
subject to review under this section. 
(2) REINSTATEMENT.—The Administrator may 
condition reinstatement of a limited, suspended, or 
terminated organization designation authorization on 
the holder’s implementation of any corrective actions 
determined necessary by the Administrator. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit the Adminis-
trator’s authority to take any action with respect to 
an organization designation authorization, including 
limitation, suspension, or termination of such au-
thorization. 
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(c) ORGANIZATION DESIGNATION AUTHORIZATION 
PROCESS IMPROVEMENTS.—Not later than 1 year after 
receipt of the recommendations submitted under sub-
section (a)(5), the Administrator shall— 
(1) report to the congressional committees of 
jurisdiction on— 
(A) whether the Administrator has con-
cluded that such holder is able to safely and re-
liably perform all delegated functions in accord-
ance with all applicable provisions of chapter 
447 of title 49, United States Code, title 14, 
Code of Federal Regulations, and other orders 
or requirements of the Administrator, and, if 
not, the Administrator shall outline— 
(i) the risk mitigations or other cor-
rective actions, including the implementa-
tion timelines of such mitigations or ac-
tions, the Administrator has established 
for or required of such holder as pre-
requisites for a conclusion by the Adminis-
trator under subparagraph (A); or 
(ii) the status of any ongoing inves-
tigatory actions; and 
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(B) the status of implementation of each 
of the recommendations of the review panel, if 
any, with which the Administrator concurs; and 
(2) report to the congressional committees of 
jurisdiction on— 
(A) the status of procedures under which 
the Administrator will conduct focused over-
sight of such holder’s processes for performing 
delegated functions with respect to the design 
of new and derivative transport airplanes and 
the production of such airplanes; and 
(B) the Administrator’s efforts, to the 
maximum extent practicable and subject to ap-
propriations, to increase the number of engi-
neers, inspectors, and other qualified technical 
experts, as necessary to fulfill the requirements 
of this section, in— 
(i) each office of the Administration 
responsible for dedicated oversight of such 
holder; and 
(ii) the System Oversight Division, or 
any successor division, of the Aircraft Cer-
tification Service. 
(d) 
NON-CONCURRENCE
WITH
RECOMMENDA-
TIONS.—Not later than 6 months after receipt of the rec-
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ommendations submitted under subsection (a)(5), with re-
spect to each recommendation of the review panel with 
which the Administrator does not concur, if any, the Ad-
ministrator shall publish on the website of the Administra-
tion and submit to the congressional committees of juris-
diction a detailed explanation as to why, including if the 
Administrator believes implementation of such rec-
ommendation would not improve aviation safety. 
SEC. 4. CERTIFICATION OVERSIGHT STAFF. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator 
$27,000,000 for each of fiscal years 2021 through 2023 
to recruit and retain engineers, safety inspectors, human 
factors specialists, and software and cybersecurity experts 
and other qualified technical experts who perform duties 
related to the certification of aircraft, aircraft engines, 
propellers, and appliances. 
(b) RECRUITMENT AND RETENTION.— 
(1) BARGAINING
UNITS.—Not later than 30 
days after the date of enactment of this Act, the Ad-
ministrator shall begin collaboration with the exclu-
sive bargaining representatives of engineers, safety 
inspectors, systems safety specialists, and other 
qualified technical experts certified under section 
7111 of title 5, United States Code, to improve re-
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cruitment of employees for, and to implement reten-
tion incentives for employees holding, positions with 
respect to the certification of aircraft, aircraft en-
gines, propellers, and appliances. If the Adminis-
trator and such representatives are unable to reach 
an agreement collaboratively, the Administrator and 
such representatives shall negotiate in accordance 
with section 40122(a) of title 49, United States 
Code, to improve recruitment and implement reten-
tion incentives for employees described in subsection 
(a) who are covered under a collective bargaining 
agreement. 
(2) OTHER EMPLOYEES.—Notwithstanding any 
other provision of law, not later than 30 days after 
the date of enactment of this Act, the Administra-
tion shall improve recruitment of, and implement re-
tention incentives for, any individual described in 
subsection (a) who is not covered under a collective 
bargaining agreement. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to vest in any exclusive 
bargaining representative any management right of 
the Administrator, as such right existed on the day 
before the date of enactment of this Act. 
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(4) AVAILABILITY
OF
APPROPRIATIONS.—Any 
action taken by the Administrator under this section 
shall be subject to the availability of appropriations 
authorized under subsection (a). 
SEC. 5. DISCLOSURE OF SAFETY-CRITICAL INFORMATION. 
(a) PROHIBITION.—Section 44704 of title 49, United 
States Code, is amended by striking subsection (e) and 
inserting the following: 
‘‘(e) DISCLOSURE OF SAFETY-CRITICAL INFORMA-
TION.— 
‘‘(1) IN GENERAL.—Notwithstanding a delega-
tion described in section 44702(d), the Adminis-
trator shall require an applicant for, or holder of, a 
type certificate for a transport-category aircraft cov-
ered under part 25 of title 14, Code of Federal Reg-
ulations, to submit safety-critical information with 
respect to such aircraft to the Administrator in such 
form, manner, or time as the Administrator may re-
quire. Such safety-critical information shall in-
clude— 
‘‘(A) any design and operational details, 
intended functions, and failure modes of any 
system that, without being commanded by the 
flight crew, commands the operation of any 
safety-critical function or feature required for 
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control of an aircraft during flight or that oth-
erwise changes the flight path or airspeed of an 
aircraft; 
‘‘(B) the design and operational details, in-
tended functions, failure modes, and mode 
annunciations of autopilot and autothrottle sys-
tems, if applicable; 
‘‘(C) any failure or operating condition 
that the applicant or holder anticipates or has 
concluded would result in an outcome with a se-
verity level of hazardous or catastrophic, as de-
fined in the appropriate Administration air-
worthiness requirements and guidance applica-
ble to transport-category aircraft defining risk 
severity; 
‘‘(D) any adverse handling quality that 
fails to meet the requirements of applicable reg-
ulations without the addition of a software sys-
tem to augment the flight controls of the air-
craft to produce compliant handling qualities; 
and 
‘‘(E) a system safety assessment with re-
spect to a system described in subparagraph 
(A) or (B) or with respect to any component or 
other system for which failure or erroneous op-
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eration of such component or system could re-
sult in an outcome with a severity level of haz-
ardous or catastrophic, as defined in the appro-
priate Administration airworthiness require-
ments and guidance applicable to transport-cat-
egory aircraft defining risk severity. 
‘‘(2) ONGOING COMMUNICATIONS.— 
‘‘(A) 
NEWLY
DISCOVERED
INFORMA-
TION.—The Administrator shall require that an 
applicant for, or holder of, a type certificate 
disclose to the Administrator, in such form, 
manner, or time as the Administrator may re-
quire, any newly discovered information or de-
sign or analysis change that would materially 
alter any submission to the Administrator 
under paragraph (1). 
‘‘(B) AIRCRAFT
SYSTEM
DEVELOPMENT 
CHANGES.—The Administrator shall establish 
multiple milestones throughout the certification 
process at which a proposed aircraft system will 
be assessed to determine whether any change to 
such system during the certification process is 
such that such system should be considered 
novel or unusual by the Administrator. 
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‘‘(3) FLIGHT
MANUALS.—The Administrator 
shall ensure that an aircraft flight manual and a 
flight crew operating manual (as appropriate or ap-
plicable) for an aircraft contains a description of the 
operation of a system described in paragraph (1)(A) 
and flight crew procedures for responding to a fail-
ure or aberrant operation of such system. 
‘‘(4) CIVIL PENALTY.— 
‘‘(A) AMOUNT.—Notwithstanding section 
46301, an applicant for, or holder of, a type 
certificate that knowingly violates paragraph 
(1), (2), or (3) of this subsection shall be liable 
to the Administrator for a civil penalty of not 
more than $1,000,000 for each violation. 
‘‘(B) PENALTY CONSIDERATIONS.—In de-
termining the amount of a civil penalty under 
subparagraph (A), the Administrator shall con-
sider— 
‘‘(i) the nature, circumstances, extent, 
and gravity of the violation, including the 
length of time that such safety-critical in-
formation was known but not disclosed; 
and 
‘‘(ii) with respect to the violator, the 
degree of culpability, any history of prior 
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violations, and the size of the business con-
cern. 
‘‘(5) REVOCATION AND CIVIL PENALTY FOR IN-
DIVIDUALS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall revoke any airline transport pilot certifi-
cate issued under section 44703 held by any in-
dividual who, while acting on behalf of an appli-
cant for, or holder of, a type certificate, know-
ingly makes a false statement with respect to 
any of the matters described in subparagraphs 
(A) through (D) of paragraph (1). 
‘‘(B) AUTHORITY TO IMPOSE CIVIL PEN-
ALTY.—The Administrator may impose a civil 
penalty under section 46301 for each violation 
described in subparagraph (A). 
‘‘(6) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to affect or other-
wise inhibit the authority of the Administrator to 
deny an application by an applicant for a type cer-
tificate or to revoke a type certificate of a holder of 
such certificate. 
‘‘(7) DEFINITION OF TYPE CERTIFICATE.—In 
this subsection, the term ‘type certificate’— 
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‘‘(A) means a type certificate issued under 
subsection (a) or an amendment to such certifi-
cate; and 
‘‘(B) does not include a supplemental type 
certificate issued under subsection (b).’’. 
(b) CIVIL PENALTY AUTHORITY.—Section 44704 of 
title 49, United States Code, is further amended by adding 
at the end the following: 
‘‘(f) HEARING REQUIREMENT.—The Administrator 
may find that a person has violated subsection (a)(6) or 
paragraph (1), (2), or (3) of subsection (e) and impose 
a civil penalty under the applicable subsection only after 
notice and an opportunity for a hearing. The Adminis-
trator shall provide a person— 
‘‘(1) written notice of the violation and the 
amount of penalty; and 
‘‘(2) the opportunity for a hearing under sub-
part G of part 13 of title 14, Code of Federal Regu-
lations.’’. 
SEC. 6. PERIODIC REVIEWS OF ORGANIZATION DESIGNA-
TION AUTHORIZATIONS. 
Section 44736 of title 49, United States Code, is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
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(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PERIODIC REVIEWS.— 
‘‘(1) IN GENERAL.—Not less than once every 7 
years, the Administrator shall conduct a comprehen-
sive review of the capability of each ODA holder for 
the design of an aircraft, aircraft engine, propeller, 
or appliance pursuant to a delegation by the Admin-
istrator under section 44702(d) to meet the require-
ments of subpart D of part 183 of title 14, Code of 
Federal Regulations, based on the holder’s organiza-
tional structures, requirements applicable to officers 
and employees, and safety culture. 
‘‘(2) CONTENTS OF REVIEW.—A comprehensive 
review under this subsection shall include an assess-
ment of the effectiveness of, and organization-wide 
adherence to, an ODA holder’s procedures manual 
and voluntary safety reporting system.’’. 
SEC. 7. LIMITATIONS ON DELEGATION. 
Section 44702(d) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(4) Notwithstanding any other provision of law, the 
Administrator may not delegate a matter under this sub-
section— 
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‘‘(A) with respect to the certification of the de-
sign of a novel or unusual design feature that results 
in a major change to a type design, except when the 
Administrator determines— 
‘‘(i) a matter is a routine task; or 
‘‘(ii) during the course of the certification 
process, that a matter no longer relates to a 
novel or unusual design feature; or 
‘‘(B) on the sole basis that the Federal Aviation 
Administration lacks a sufficient number of per-
sonnel qualified or with the requisite expertise to 
perform the function.’’. 
SEC. 8. OVERSIGHT OF ORGANIZATION DESIGNATION AU-
THORIZATION UNIT MEMBERS. 
(a) IN GENERAL.—Chapter 447 of title 49, United 
States Code, as amended by this Act, is amended by add-
ing at the end the following: 
‘‘§ 44741. Approval of organization designation au-
thorization unit members 
‘‘(a) IN GENERAL.—Beginning on the date that is 1 
year after the date of enactment of the Aircraft Certifi-
cation Reform and Accountability Act, each individual who 
is selected on or after such date to become a member of 
an ODA unit by an ODA holder engaged in the design 
of an aircraft, aircraft engine, propeller, or appliance and 
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performs an authorized function pursuant to a delegation 
by the Administrator of the Federal Aviation Administra-
tion under section 44702(d)— 
‘‘(1) shall be an employee, a contractor, or the 
employee of a supplier of the ODA holder; and 
‘‘(2) may not become a member of such unit 
unless approved by the Administrator pursuant to 
this section. 
‘‘(b) PROCESS AND TIMELINE.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
maintain an efficient process for the review and ap-
proval of an individual to become a member of an 
ODA unit under this section. 
‘‘(2) PROCESS.—An ODA holder described in 
subsection (a) may submit to the Administrator an 
application for an individual to be approved to be-
come a member of an ODA unit under this section. 
The application shall be submitted in such form and 
manner as the Administrator determines appro-
priate. The Administrator shall require an ODA 
holder to submit with such an application informa-
tion sufficient to demonstrate an individual’s quali-
fications under subsection (c). 
‘‘(3) TIMELINE.—The Administrator shall ap-
prove or reject an individual that is selected by an 
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ODA holder to become an ODA unit member under 
this section not later than 30 days after the receipt 
of an application by an ODA holder. 
‘‘(4) DOCUMENTATION
OF
APPROVAL.—Upon 
approval of an individual to become a member of an 
ODA unit under this section, the Administrator shall 
provide such individual a letter confirming that such 
individual has been approved by the Administrator 
under this section to be an ODA unit member. 
‘‘(5) REAPPLICATION.—An ODA holder may 
submit an application under this subsection for an 
individual to become a member of an ODA unit 
under this section regardless of whether an applica-
tion for such individual was previously rejected by 
the Administrator. 
‘‘(c) QUALIFICATIONS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
issue minimum qualifications for an individual to be-
come a member of an ODA unit under this section. 
In issuing such qualifications, the Administrator 
shall consider existing qualifications for Administra-
tion employees with similar duties and whether such 
individual— 
‘‘(A) is technically proficient and qualified 
to perform the authorized functions sought; 
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‘‘(B) has no recent record of serious en-
forcement action, as determined by the Admin-
istrator, taken by the Administrator with re-
spect to any certificate, approval, or authoriza-
tion held by such individual; 
‘‘(C) is of good moral character (as such 
qualification is applied to an applicant for an 
airline transport pilot certificate issued under 
section 44703); 
‘‘(D) possesses the knowledge of applicable 
design or production requirements in this chap-
ter and in title 14, Code of Federal Regula-
tions, necessary for performance of the author-
ized functions sought; 
‘‘(E) possesses a high degree of knowledge 
of applicable design or production principles, 
system safety principles, or safety risk manage-
ment processes appropriate for the authorized 
functions sought; and 
‘‘(F) meets such testing, examination, 
training, or other qualification standards as the 
Administrator determines are necessary to en-
sure the individual is competent and capable of 
performing the authorized functions sought. 
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‘‘(2) PREVIOUSLY REJECTED APPLICATION.—In 
reviewing an application for an individual to become 
a member of an ODA unit under this section, if an 
application for such individual was previously re-
jected, the Administrator shall ensure that the rea-
sons for the prior rejection have been resolved or 
mitigated to the Administrator’s satisfaction before 
making a determination on the individual’s re-
application. 
‘‘(d) RESCISSION OF APPROVAL.—The Administrator 
may rescind an approval of an individual as a member of 
an ODA unit granted pursuant to this section at any time 
and for any reason the Administrator considers appro-
priate. The Administrator shall develop procedures to pro-
vide for notice and opportunity to appeal rescission deci-
sions made by the Administrator. Such decisions by the 
Administrator are not subject to judicial review. 
‘‘(e) RECORDS AND BRIEFINGS.— 
‘‘(1) IN GENERAL.—Beginning on the date de-
scribed in subsection (a), an ODA holder shall main-
tain, for a period to be determined by the Adminis-
trator and with proper protections to ensure the se-
curity of sensitive and personal information— 
‘‘(A) any data, applications, records, or 
manuals required by the ODA holder’s ap-
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proved procedures manual, as determined by 
the Administrator; 
‘‘(B) the names, responsibilities, qualifica-
tions, and example signature of each member of 
the ODA unit who performs an authorized 
function pursuant to a delegation by the Ad-
ministrator under section 44702(d); 
‘‘(C) training records for ODA unit mem-
bers and ODA administrators; and 
‘‘(D) any other data, applications, records, 
or manuals determined appropriate by the Ad-
ministrator. 
‘‘(2) CONGRESSIONAL
BRIEFING.—Not later 
than 90 days after the date of enactment of the Air-
craft Certification Reform and Accountability Act, 
and every 90 days thereafter through September 30, 
2023, the Administrator shall provide to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and Committee on Com-
merce, Science, and Transportation of the Senate a 
briefing on the implementation and effects of this 
section, including— 
‘‘(A) the Administration’s performance in 
completing reviews of individuals and approving 
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or denying such individuals within the timeline 
required under subsection (b)(3); 
‘‘(B) for any individual rejected by the Ad-
ministrator under subsection (b) during the 
preceding 90-day period, the reasoning or basis 
for such rejection; and 
‘‘(C) any resource, staffing, or other chal-
lenges within the Administration associated 
with implementation of this section. 
‘‘(f) SPECIAL REVIEW OF QUALIFICATIONS.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the issuance of minimum qualifications under 
subsection (c), the Administrator shall initiate a re-
view of the qualifications of each individual who on 
the date on which such minimum qualifications are 
issued is a member of an ODA unit of a holder of 
a type certificate for a transport airplane to ensure 
such individual meets the minimum qualifications 
issued by the Administrator under subsection (c). 
‘‘(2) UNQUALIFIED INDIVIDUAL.—For any indi-
vidual who is determined by the Administrator not 
to meet such minimum qualifications pursuant to 
the review conducted under paragraph (1), the Ad-
ministrator— 
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‘‘(A) shall determine whether the lack of 
qualification may be remedied and, if so, pro-
vide such individual with an action plan or 
schedule for such individual to meet such quali-
fications; or 
‘‘(B) may, if the Administrator determines 
the lack of qualification may not be remedied, 
take appropriate action, including prohibiting 
such individual from performing an authorized 
function. 
‘‘(3) DEADLINE.— 
‘‘(A) The Administrator shall complete the 
review required under paragraph (1) not later 
than 18 months after the date on which such 
review was initiated. 
‘‘(B) If the Administrator fails to complete 
the review in compliance with subparagraph 
(A), the Secretary of Transportation shall as-
sume the responsibility for completing the re-
view. 
‘‘(C) The Secretary’s completion of the re-
view under subparagraph (B)— 
‘‘(i) may not be delegated to the Ad-
ministration; and 
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‘‘(ii) shall be completed within 120 
days of the date the Secretary’s assump-
tion of responsibility following the Admin-
istrator’s failure to complete the review in 
compliance with subparagraph (A). 
‘‘(4) SAVINGS CLAUSE.—An individual approved 
to become a member of an ODA unit of a holder of 
a type certificate for a transport airplane under sub-
section (a) shall not be subject to the review under 
this subsection. 
‘‘(g) PROHIBITION.—The Administrator may not au-
thorize an organization or ODA holder to approve an indi-
vidual selected by an ODA holder to become an ODA unit 
member under this section. 
‘‘(h) DEFINITIONS.— 
‘‘(1) GENERAL
APPLICABILITY.—The defini-
tions contained in section 44736 shall apply to this 
section. 
‘‘(2) TRANSPORT AIRPLANE.—The term ‘trans-
port airplane’ means a transport-category airplane 
designed for operation by an air carrier or foreign 
air carrier type-certificated with a passenger seating 
capacity of 30 or more or an all-cargo or combi de-
rivative of such an airplane. 
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‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$3,000,000 for each of fiscal years 2021 through 2023. 
‘‘§ 44742. Interference with the duties of organization 
designation authorization unit members 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall continuously seek to 
eliminate or minimize interference by an ODA holder that 
affects the performance of authorized functions by mem-
bers of an ODA unit. 
‘‘(b) PROHIBITION.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
individual who is employed by an ODA holder to 
commit an act of interference with an ODA unit 
member’s performance of authorized functions. 
‘‘(2) CIVIL PENALTY.— 
‘‘(A) INDIVIDUALS.—An individual shall be 
subject to a civil penalty under section 
46301(a)(1) for each violation under paragraph 
(1). 
‘‘(B) SAVINGS CLAUSE.—Nothing in this 
paragraph shall be construed as limiting or con-
stricting any other authority of the Adminis-
trator to pursue an enforcement action against 
an individual or organization for violation of ap-
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plicable Federal laws or regulations of the Ad-
ministration. 
‘‘(c) REPORTING.— 
‘‘(1) REPORTS TO ODA HOLDER.—A member of 
an ODA unit shall promptly report any instances of 
interference experienced or witnessed by such mem-
ber to the office of the ODA holder that is des-
ignated to receive such reports. 
‘‘(2) REPORTS TO THE FAA.— 
‘‘(A) IN GENERAL.—The ODA holder of-
fice described in paragraph (1) shall submit to 
the office of the Administration designated by 
the Administrator to accept and review such re-
ports any credible instances of interference re-
ported under paragraph (1). 
‘‘(B) CONTENTS.—A report to the Admin-
istration under this paragraph shall be sub-
mitted in a manner, at a time, and in a form 
prescribed by the Administrator. Such report 
shall include the results of any investigation 
conducted by the ODA holder in response to a 
report of interference, a description of any ac-
tion taken by the ODA holder as a result of the 
report of interference, and any other informa-
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tion or potentially mitigating factors the ODA 
holder or the Administrator deems appropriate. 
‘‘(C) USE OF REPORT.—The Administrator 
may use the information submitted in a report 
under this paragraph, including the actions 
taken by an ODA holder in response to a report 
under paragraph (1), in determining whether to 
issue a civil penalty pursuant to subsection (b) 
or whether such civil penalty should be subject 
to a setoff or compromised. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to preclude a 
member of an ODA unit from reporting an instance 
of interference reported under paragraph (1) directly 
to the Administration. Each ODA holder shall pro-
vide notice to each member of such holder’s ODA 
unit stating that such individual may report an in-
stance of interference reported under paragraph (1) 
directly to the Administration. 
‘‘(d) DEFINITIONS.— 
‘‘(1) GENERAL
APPLICABILITY.—The defini-
tions contained in section 44736 shall apply to this 
section. 
‘‘(2) INTERFERENCE.—In this section, the term 
‘interference’ means— 
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‘‘(A) blatant or egregious statements or be-
havior, such as harassment, beratement, or 
threats, that a reasonable person would con-
clude was intended to improperly influence or 
prejudice an ODA unit member’s performance 
of his or her duties; or 
‘‘(B) the presence of non-ODA unit duties 
or activities that conflict with the performance 
of authorized functions by ODA unit mem-
bers.’’. 
(b) LATERAL COMMUNICATIONS.— 
(1) CONTACT
WITH
ADMINISTRATION.—The 
Administrator shall ensure that employees of the Ad-
ministration with responsibility for aircraft certifi-
cation functions may directly contact non-managerial 
employees of an aircraft manufacturer for consulta-
tion regarding the certification of aircraft design, 
production, and other matters. 
(2) PROHIBITION.—It shall be a violation of 
section 44736(a)(2)(C) of title 49, United States 
Code, for a manufacturer to prohibit employees from 
contacting any employee of the Administration or 
otherwise impose any condition, restriction, or pen-
alty (including by requiring prior notice to or the ap-
proval of any supervisor or manager) with respect to 
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such contact, except that such manufacturer may in-
stitute reasonable, company-wide policies requiring 
documentation of communications regarding aircraft 
design or production between the manufacturer’s 
employees and Administration employees. 
(c) 
ODA 
PROGRAM
ENHANCEMENTS.—Section 
44736 of title 49, United States Code, is further amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by striking 
the semicolon and inserting ‘‘; and’’; 
(ii) by striking subparagraph (B); 
(iii) in subparagraph (C) by striking 
‘‘; and’’ and inserting a period; 
(iv) by striking subparagraph (D); 
and 
(v) by redesignating subparagraph (C) 
as subparagraph (B); and 
(B) in paragraph (3) by striking ‘‘shall— 
’’ and all that follows through the end and in-
serting ‘‘shall conduct regular oversight activi-
ties by inspecting the ODA holder’s delegated 
functions and taking action based on validated 
inspection findings.’’; and 
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(2) in subsection (b)(3)— 
(A) in subparagraph (A)— 
(i) by striking clause (i) and redesig-
nating clauses (ii), (iii), and (iv) as clauses 
(i), (ii), and (iii), respectively; 
(ii) in clause (i) as redesignated by in-
serting ‘‘, as appropriate,’’ after ‘‘require’’; 
(iii) in clause (ii) as redesignated by 
inserting ‘‘, as appropriate,’’ after ‘‘re-
quire’’; and 
(iv) in clause (iii) as redesignated by 
inserting 
‘‘when 
appropriate,’’ 
before 
‘‘make a reassessment’’; 
(B) by striking subparagraph (B); 
(C) in subparagraph (F) by inserting ‘‘, 
when appropriate,’’ before ‘‘approve’’; and 
(D) by redesignating subparagraphs (C), 
(D), (E), and (F) as subparagraphs (B), (C), 
(D), and (E), respectively. 
(d) TECHNICAL CORRECTIONS.— 
(1) SECTION 44737.—Chapter 447 of title 49, 
United States Code, is further amended by redesig-
nating the second section 44737 (as added by sec-
tion 581 of the FAA Reauthorization Act of 2018) 
as section 44740. 
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(2) ANALYSIS.—The analysis for chapter 447 of 
title 49, United States Code, is amended— 
(A) by striking the item relating to the 
second section 44737 (as added by section 581 
of the FAA Reauthorization Act of 2018); and 
(B) by inserting after the item relating to 
section 44739 the following new items: 
‘‘44740. Special rule for certain aircraft operations. 
‘‘44741. Approval of organization designation authorization unit members. 
‘‘44742. Interference with the duties of organization designation authorization 
unit members.’’. 
(3) SPECIAL RULE FOR CERTAIN AIRCRAFT OP-
ERATIONS.—Section 44740 of title 49, United States 
Code (as redesignated by paragraph (1)), is amend-
ed— 
(A) in the heading by striking the period 
at the end; 
(B) in subsection (a)(1) by striking ‘‘chap-
ter’’ and inserting ‘‘section’’; 
(C) in subsection (b)(1) by striking ‘‘(1)’’ 
the second time it appears; and 
(D) in subsection (c)(2) by adding a period 
at the end. 
SEC. 9. INTEGRATED PROJECT TEAMS. 
(a) IN GENERAL.—Upon receipt of an application for 
a type certificate for a new transport airplane, the Admin-
istrator shall convene an interdisciplinary integrated 
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project team responsible for coordinating review of such 
application. 
(b) MEMBERSHIP.—In convening an interdisciplinary 
integrated project team under subsection (a), the Adminis-
trator shall appoint employees of the Administration with 
specialized expertise and experience in the fields of engi-
neering, systems design, human factors, and pilot train-
ing, including, at a minimum— 
(1) not less than 1 designee of the Associate 
Administrator for Aviation Safety whose duty sta-
tion is in the Administration’s headquarters; 
(2) representatives of the Aircraft Certification 
Service of the Administration; 
(3) representatives of the Flight Standards 
Service of the Administration; 
(4) experts in the fields of human factors, aero-
dynamics, flight controls, software, and systems de-
sign; and 
(5) any other subject matter expert whom the 
Administrator determines appropriate. 
SEC. 10. OVERSIGHT INTEGRITY BRIEFING. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator shall brief the congressional 
committees of jurisdiction on specific measures the Ad-
ministrator has taken to reinforce that each employee of 
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the Administration responsible for overseeing an organiza-
tion designation authorization with respect to the certifi-
cation of aircraft perform such responsibility in accord-
ance with safety management principles and in the public 
interest of aviation safety. 
SEC. 11. APPEALS OF CERTIFICATION DECISIONS. 
(a) IN GENERAL.—Section 44704, of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘(g) CERTIFICATION DISPUTE RESOLUTION.— 
‘‘(1) DISPUTE RESOLUTION PROCESS AND AP-
PEALS.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of enactment of this sub-
section, the Administrator shall issue an order 
establishing— 
‘‘(i) an effective, timely, and mile-
stone-based issue resolution process for 
type certification activities under sub-
section (a); and 
‘‘(ii) a process by which a decision, 
finding of compliance or noncompliance, or 
other act of the Administration, with re-
spect to compliance with design require-
ments, may be appealed by a covered per-
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son directly involved with the certification 
activities in dispute on the basis that such 
decision, finding, or act is erroneous or in-
consistent with this chapter, regulations, or 
guidance materials promulgated by the Ad-
ministrator, or other requirements. 
‘‘(B) 
ESCALATION.—The 
order 
issued 
under subparagraph (A) shall provide for— 
‘‘(i) resolution of technical issues at 
pre-established stages of the certification 
process, as agreed to by the Administrator 
and the type certificate applicant; 
‘‘(ii) automatic elevation to appro-
priate management personnel of the Ad-
ministration and the type certificate appli-
cant of any major certification process 
milestone that is not completed or resolved 
within a specific period of time agreed to 
by the Administrator and the type certifi-
cate applicant; 
‘‘(iii) resolution of a major certifi-
cation process milestone elevated pursuant 
to clause (ii) with a specific period of time 
agreed to by the Administrator and the 
type certificate applicant; 
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‘‘(iv) initial review by appropriate Ad-
ministration employees of any appeal de-
scribed in subparagraph (A)(ii); and 
‘‘(v) subsequent review of any further 
appeal by appropriate management per-
sonnel of the Administration and the Asso-
ciate Administrator for Aviation Safety. 
‘‘(C) DISPOSITION.— 
‘‘(i) WRITTEN DECISION.—The Asso-
ciate Administrator for Aviation Safety 
shall issue a written decision on each ap-
peal submitted under subparagraph (A)(ii), 
stating the grounds for the decision of the 
Associate Administrator. 
‘‘(ii) REPORT
TO
CONGRESS.—Not 
later than December 31 of each calendar 
year through calendar year 2025, the Ad-
ministrator shall submit to the Committee 
on Transportation and Infrastructure of 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate a report 
summarizing each appeal resolved under 
this subsection. 
‘‘(D) FINAL REVIEW.— 
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‘‘(i) IN GENERAL.—A written decision 
of the Associate Administrator under sub-
paragraph (C) may be appealed to the Ad-
ministrator for a final review and deter-
mination. 
‘‘(ii) DECLINE TO REVIEW.—The Ad-
ministrator may decline to review an ap-
peal initiated pursuant to clause (i). 
‘‘(iii) JUDICIAL
REVIEW.—Notwith-
standing any other provision of law, nei-
ther a final determination of the Adminis-
trator under clause (i) nor a decision to 
decline to review an appeal under clause 
(ii) shall be subject to judicial review. 
‘‘(2) PROHIBITED CONTACTS.— 
‘‘(A) PROHIBITION
GENERALLY.—During 
the course of an appeal under this subsection, 
no covered official may engage in an ex parte 
communication with an individual representing 
or acting on behalf of an applicant for, or hold-
er of, a certificate under this section in relation 
to such appeal unless such communication is 
disclosed pursuant to subparagraph (B). 
‘‘(B) DISCLOSURE.—If, during the course 
of an appeal under this subsection, a covered 
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official engages in, receives, or is otherwise 
made aware of an ex parte communication, the 
covered official shall disclose such communica-
tion in the public record at the time of the 
issuance of the written decision in accordance 
with subsection (g)(1)(C), including the time 
and date of the communication, subject of com-
munication, and all persons engaged in such 
communication. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED PERSON.—The term ‘cov-
ered person’ means either— 
‘‘(i) an employee of the Administra-
tion whose responsibilities relate to the cer-
tification of aircraft, engines, propellers, or 
appliances; or 
‘‘(ii) an applicant for, or holder of, a 
type certificate or amended type certificate 
issued under this section. 
‘‘(B) COVERED OFFICIAL.—The term ‘cov-
ered official’ means the following officials: 
‘‘(i) The Executive Director or any 
Deputy Director of the Aircraft Certifi-
cation Service. 
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‘‘(C) 
MAJOR
CERTIFICATION
PROCESS 
MILESTONE.—The term ‘major certification 
process milestone’ means a milestone related to 
the type certification basis, type certification 
plan, type inspection authorization, issue paper, 
or other major type certification activity agreed 
to by the Administrator and the type certificate 
applicant. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall apply to the communication of 
a good-faith complaint by any individual alleging— 
‘‘(A) gross misconduct; 
‘‘(B) a violation of title 18; or 
‘‘(C) a violation of any of the provisions of 
part 2635 or 6001 of title 5, Code of Federal 
Regulations.’’. 
(b) CONFORMING AMENDMENT.—Section 44704(a) 
is amended by striking paragraph (6). 
SEC. 12. EMPLOYMENT RESTRICTIONS. 
(a) DISQUALIFICATION BASED ON PRIOR EMPLOY-
MENT.—An employee of the Administration with super-
visory responsibility may not direct, conduct, or otherwise 
participate in oversight of a holder of a certificate issued 
under section 44704 that previously employed such em-
ployee in the preceding 1-year period. 
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(b) 
POST-EMPLOYMENT
RESTRICTIONS.—Section 
44711(d) of title 49, United States Code, is amended to 
read as follows: 
‘‘(d) POST-EMPLOYMENT RESTRICTIONS
FOR IN-
SPECTORS AND ENGINEERS.— 
‘‘(1) PROHIBITION.—A person holding a certifi-
cate issued under part 21 or 119 of title 14, Code 
of Federal Regulations, may not knowingly employ, 
or make a contractual arrangement that permits, an 
individual to act as an agent or representative of 
such person in any matter before the Administration 
if the individual, in the preceding 2-year period— 
‘‘(A) served as, or was responsible for over-
sight of— 
‘‘(i) a flight standards inspector of the 
Administration; or 
‘‘(ii) an employee of the Administra-
tion with responsibility for certification 
functions with respect to a holder of a cer-
tificate issued under section 44704(a); and 
‘‘(B) had responsibility to inspect, or over-
see inspection of, the operations of such person. 
‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 
For purposes of paragraph (1), an individual shall 
be considered to be acting as an agent or representa-
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tive of a certificate holder in a matter before the Ad-
ministration if the individual makes any written or 
oral communication on behalf of the certificate hold-
er to the Administration (or any of its officers or 
employees) in connection with a particular matter, 
whether or not involving a specific party and without 
regard to whether the individual has participated in, 
or had responsibility for, the particular matter while 
serving as an individual covered under paragraph 
(1).’’. 
SEC. 13. PROFESSIONAL DEVELOPMENT AND SKILLS EN-
HANCEMENT. 
(a) IN GENERAL.—The Administrator shall— 
(1) develop a program for regular recurrent 
training of engineers, inspectors, and other subject- 
matter experts employed in the Aircraft Certification 
Service of the Administration in accordance with the 
training strategy developed pursuant to section 231 
of the FAA Reauthorization Act of 2018 (Public 
Law 115–254; 132 Stat. 3256); and 
(2) to the maximum extent practicable, imple-
ment measures, including assignments in multiple 
divisions of the Aircraft Certification Service, to en-
sure that such engineers and other subject-matter 
experts in the Aircraft Certification Service have ac-
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cess to diverse professional opportunities that ex-
pand their knowledge and skills. 
(b) IMPLEMENTATION.—The Administrator shall, to 
the maximum extent practicable, ensure that actions taken 
pursuant to subsection (a)— 
(1) permit engineers, inspectors, and other sub-
ject matter experts to continue developing knowledge 
of, and expertise in, new and emerging technologies 
in systems design, flight controls, principles of avia-
tion safety, system oversight, and certification 
project management; 
(2) minimize the likelihood of an individual de-
veloping an inappropriate bias toward a designer or 
manufacturer of aircraft, aircraft engines, propellers, 
or appliances; 
(3) are consistent with any applicable collective 
bargaining agreements; and 
(4) account for gaps in knowledge and skills be-
tween Administration employees and private-sector 
employees, as identified by the exclusive bargaining 
representatives certified under section 7111 of title 
5, United States Code, for each group of Adminis-
tration employees covered under this section. 
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SEC. 14. VOLUNTARY SAFETY REPORTING PROGRAM. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Administrator shall 
begin collaboration with the exclusive bargaining rep-
resentatives of engineers, safety inspectors, systems safety 
specialists, and other subject matter experts certified 
under section 7111 of title 5, United States Code, to im-
plement a confidential voluntary safety reporting program, 
in a manner that is consistent with other voluntary report-
ing programs administered by the Administrator. The pro-
gram shall include provisions addressing, at a minimum— 
(1) participation in all facets of the program by 
the exclusive bargaining representatives for employ-
ees identified in the matter preceding this para-
graph; 
(2) protections for frontline employees from ad-
verse employment actions related to their participa-
tion in the program; 
(3) identification of exclusionary criteria; and 
(4) creation of a corrective action process in 
order to address safety issues that are identified 
through the program. 
(b) NEGOTIATIONS.—If the Administrator and the 
representatives described in subsection (a) are unable to 
reach an agreement collaboratively, the Administrator and 
such representatives shall negotiate in accordance with 
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section 40122(a) of title 49, United States Code, to reach 
agreement on the terms and conditions of such a program. 
SEC. 15. COMPENSATION LIMITATION. 
Notwithstanding any other provision of law, an em-
ployee of the Administration may not receive an adjust-
ment to the employee’s compensation solely on the basis 
of the employee’s performance in meeting or exceeding a 
deadline related to the completion of certification func-
tions. 
SEC. 16. SYSTEM SAFETY ASSESSMENTS AND OTHER RE-
QUIREMENTS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Administrator shall 
issue such regulations as are necessary to amend title 14, 
Code of Federal Regulations, and any associated advisory 
circular, guidance, or policy of the Administration, in ac-
cordance with this section. 
(b) SYSTEM SAFETY ASSESSMENTS AND OTHER RE-
QUIREMENTS.—In developing regulations under sub-
section (a), the Administrator shall— 
(1) require an applicant for an amended type 
certificate for a transport airplane to— 
(A) perform a system safety assessment 
with respect to each proposed design change 
that the Administrator determines is signifi-
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cant, with such assessment considering the air-
plane-level effects of individual errors, malfunc-
tions, or failures and realistic pilot response 
times to such errors, malfunctions, or failures 
related to such change; 
(B) update such assessment to account for 
each subsequent proposed design change that 
the Administrator determines is significant; and 
(C) provide appropriate employees of the 
Administration with the data and assumptions 
underlying each assessment and amended as-
sessment; and 
(2) work with other civil aviation authorities 
representing states of design to ensure such regula-
tions remain harmonized internationally. 
(c) FAA REVIEW.—Appropriate employees of the 
Aircraft Certification Service and the Flight Standards 
Service of the Administration shall review each system 
safety assessment required under subsection (b)(1)(A), 
updated assessment required under subsection (b)(1)(B), 
and supporting data and assumptions required under sub-
section (b)(1)(C), to ensure that each such assessment 
sufficiently considers the matters listed under subsection 
(b)(1). 
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SEC. 17. FLIGHT CREW ALERTING. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall fully 
implement National Transportation Safety Board rec-
ommendations A–19–11 and A–19–12 (as contained in 
the safety recommendation report adopted on September 
9, 2019). 
(b) PROHIBITION.—Beginning on the date that is 2 
years after the date of enactment of this Act, the Adminis-
trator may not issue a type certificate for a transport-cat-
egory aircraft unless— 
(1) in the case of a transport airplane, such air-
plane incorporates a flight crew alerting system that, 
at a minimum, displays and differentiates among 
warnings, cautions, and advisories, and includes 
functions to assist the flight crew in prioritizing cor-
rective actions and responding to systems failures; or 
(2) in the case of a transport-category aircraft 
other than a transport airplane, the type certificate 
applicant provides a means acceptable to the Admin-
istrator to assist the flight crew in prioritizing cor-
rective actions and responding to systems failures 
(including by cockpit or flight manual procedures). 
SEC. 18. AMENDED TYPE CERTIFICATES. 
(a) REVIEW AND REEVALUATION OF AMENDED TYPE 
CERTIFICATES.— 
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(1) INTERNATIONAL
LEADERSHIP.—The Ad-
ministrator shall exercise leadership in the creation 
of international policies and standards relating to 
the issuance of amended type certificates within the 
group of international civil aviation authorities 
known as the Certificate Management Team. 
(2) REEVALUATION OF AMENDED TYPE CER-
TIFICATES.—In carrying out this subsection, the Ad-
ministrator shall— 
(A) encourage Certificate Management 
Team members to examine and address any rel-
evant covered recommendations (as defined in 
section 22) relating to the issuance of amended 
type certificates; 
(B) reevaluate existing assumptions and 
practices inherent in the amended type certifi-
cate process and assess whether such assump-
tions and practices are valid; and 
(C) ensure, to the greatest extent prac-
ticable, that Federal regulations relating to the 
issuance of amended type certificates are har-
monized with the regulations of other inter-
national states of design. 
(b) AMENDED TYPE CERTIFICATE REPORT
AND 
RULEMAKING.— 
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(1) REPORT
ON
CERTIFICATE
MANAGEMENT 
TEAM EFFORTS.—Not later than 18 months after 
the date of enactment of this Act, the Administrator 
shall submit a report to the congressional commit-
tees of jurisdiction on the efforts by the Certificate 
Management Team to modify and harmonize policies 
and regulations relating to the issuance of amended 
type certificates. 
(2) INITIATION OF ACTION.—Not later than 2 
years after the date of enactment of this Act, the 
Administrator shall revise and improve the process 
of issuing amended type certificates in accordance 
with this section. Such action may include the revi-
sion of guidance, the initiating of a rulemaking, or 
such other action as the Administrator determines 
necessary to implement this section. 
(3) CONTENTS.—In taking an action required 
under paragraph (2), the Administrator shall— 
(A) consider— 
(i) the findings and work of the Cer-
tificate Management Team and other simi-
lar international harmonization efforts; 
(ii) any relevant covered recommenda-
tions (as defined in section 22); and 
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(iii) whether a fixed time beyond 
which a type certificate may not be amend-
ed would improve aviation safety; and 
(B) establish the extent to which the fol-
lowing design characteristics should preclude 
the issuance of an amended type certificate: 
(i) A new or revised flight control sys-
tem. 
(ii) Any substantial changes to aero-
dynamic stability resulting from a physical 
change that may require a new or modified 
software system or control law in order to 
produce positive and acceptable stability 
and handling qualities. 
(iii) A flight control system or aug-
mented software to maintain aerodynamic 
stability in any portion of the flight enve-
lope that was not required for a previously 
certified derivative. 
(iv) A change in structural compo-
nents (other than a stretch or shrink of 
the fuselage) that results in a change in 
structural load paths or the magnitude of 
structural loads attributed to flight maneu-
vers or cabin pressurization. 
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(v) A novel or unusual system, compo-
nent, or other feature whose failure would 
present a hazardous or catastrophic risk. 
(4) DEADLINE.—The Administrator shall final-
ize the actions initiated under paragraph (2) not 
later than 3 years after the date of enactment of 
this Act. 
(c) INTERNATIONAL LEADERSHIP.—The Adminis-
trator shall exercise leadership within the International 
Civil Aviation Organization and among other civil aviation 
regulators representing states of aircraft design to advo-
cate for the adoption of requirements equivalent to those 
described in this section. 
SEC. 19. WHISTLEBLOWER PROTECTIONS. 
Section 42121 of title 49, United States Code, is 
amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) PROHIBITED DISCRIMINATION.—A holder of a 
certificate under section 44704 or 44705 of this title, or 
contractor or subcontractor of such holder, may not dis-
charge an employee or otherwise discriminate against an 
employee with respect to compensation, terms, conditions, 
or privileges of employment because the employee (or any 
person acting pursuant to a request of the employee)— 
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‘‘(1) provided, caused to be provided, or is 
about to provide (with any knowledge of the em-
ployer) or cause to be provided to the employer or 
Federal Government information relating to any vio-
lation or alleged violation of any order, regulation, 
or standard of the Federal Aviation Administration 
or any other provision of Federal law relating to 
aviation safety under this subtitle or any other law 
of the United States; 
‘‘(2) has filed, caused to be filed, or is about to 
file (with any knowledge of the employer) or cause 
to be filed a proceeding relating to any violation or 
alleged violation of any order, regulation, or stand-
ard of the Federal Aviation Administration or any 
other provision of Federal law relating to aviation 
safety under this subtitle or any other law of the 
United States; 
‘‘(3) testified or is about to testify in such a 
proceeding; or 
‘‘(4) assisted or participated or is about to as-
sist or participate in such a proceeding.’’; 
(2) by striking subsection (d) and inserting the 
following: 
‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an 
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employee of a holder of a certificate issued under section 
44704 or 44705, or a contractor or subcontractor thereof, 
who, acting without direction from such certificate-holder, 
contractor, or subcontractor (or such person’s agent), de-
liberately causes a violation of any requirement relating 
to aviation safety under this subtitle or any other law of 
the United States.’’; and 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e) CONTRACTOR DEFINED.—In this section, the 
term ‘contractor’ means— 
‘‘(1) a person that performs safety-sensitive 
functions by contract for an air carrier or commer-
cial operator; or 
‘‘(2) a person that performs safety-sensitive 
functions related to the design or production of an 
aircraft, aircraft engine, propeller, appliance, or 
component thereof by contract for a holder of a cer-
tificate issued under section 44704.’’. 
SEC. 20. PILOT TRAINING. 
(a) IN GENERAL.—Chapter 447 of title 49, United 
States Code, as amended by section 8, is further amended 
by adding at the end the following: 
‘‘§ 44743. Pilot training requirements 
‘‘(a) IN GENERAL.— 
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‘‘(1) ADMINISTRATOR’S
DETERMINATION.—In 
establishing any pilot training requirements with re-
spect to a new transport airplane, the Administrator 
of the Federal Aviation Administration shall inde-
pendently review any proposal by the manufacturer 
of such airplane with respect to the scope, format, 
or minimum level of training required for operation 
of such airplane. 
‘‘(2) ASSURANCES AND MARKETING REPRESEN-
TATIONS.—Before the Administrator has established 
applicable training requirements, an applicant for a 
new or amended type certificate for an airplane de-
scribed in paragraph (1) may not, with respect to 
the scope, format, or magnitude of pilot training for 
such airplane— 
‘‘(A) make any assurance, whether verbal 
or in writing, to a potential purchaser of such 
airplane unless a clear and conspicuous dis-
claimer (as defined by the Administrator) is in-
cluded regarding the status of training required 
for operation of such airplane; or 
‘‘(B) provide financial incentives (including 
rebates) to a potential purchaser of such air-
plane regarding the scope, format, or mag-
nitude of pilot training for such airplane. 
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‘‘(b) PILOT RESPONSE TIME.—Beginning on the day 
after the date on which regulations are issued under sec-
tion 20(b)(5) of the Aircraft Certification Reform and Ac-
countability Act, the Administrator may not issue a new 
or amended type certificate for an airplane described in 
subsection (a) unless the applicant for such certificate has 
demonstrated to the Administrator that the applicant has 
accounted for realistic assumptions regarding the time for 
pilot responses to non-normal conditions in designing the 
systems and instrumentation of such airplane. Such as-
sumptions shall— 
‘‘(1) be based on test data, analysis, or other 
technical validation methods; and 
‘‘(2) account for generally accepted scientific 
consensus among experts in human factors regard-
ing realistic pilot response time. 
‘‘(c) DEFINITION.—In this section, the term ‘trans-
port airplane’ means a transport-category airplane de-
signed for operation by an air carrier or foreign air carrier 
type-certificated with a passenger seating capacity of 30 
or more or an all-cargo or combi derivative of such an 
airplane.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 447 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘44743. Pilot training requirements.’’. 
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(c) EXPERT SAFETY REVIEW.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Administrator 
shall initiate an expert safety review of assumptions 
relied upon by the Administration and manufactur-
ers of transport-category aircraft in the design and 
certification of such aircraft. 
(2) CONTENTS.—The expert safety review re-
quired under paragraph (1) shall include— 
(A) a review of Administration regulations, 
guidance, and directives related to pilot re-
sponse assumptions relied upon by the FAA 
and manufacturers of transport-category air-
craft in the design and certification of such air-
craft; 
(B) a focused review of the assumptions 
relied on regarding the time for pilot responses 
to non-normal conditions in designing such air-
craft’s systems and instrumentation; 
(C) a review of revisions made to the air-
man certification standards for certificates over 
the last four years, including any possible ef-
fects on pilot competency in basic manual flying 
skills; 
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(D) consideration of the global nature of 
the aviation marketplace, varying levels of pilot 
competency, and differences in pilot training 
programs worldwide; and 
(E) a process for aviation stakeholders, in-
cluding pilots, airlines, inspectors, engineers, 
test pilots, human factors experts, and other 
aviation safety experts, to provide and discuss 
any observations, feedback, and best practices. 
(3) REPORT
AND
RECOMMENDATIONS.—Not 
later than 30 days after the conclusion of the expert 
safety review pursuant to paragraph (1), the Admin-
istrator shall submit to the congressional committees 
of jurisdiction a report on the results of the review, 
any recommendations for actions or best practices to 
ensure the FAA and the manufacturers of transport- 
category aircraft have accounted for pilot response 
assumptions to be relied upon in the design and cer-
tification of transport-category aircraft. 
(4) TERMINATION.—The expert safety review 
shall end upon submission of the report required 
pursuant to paragraph (3). 
(5) REGULATIONS.—The Administrator shall 
issue such regulations as are necessary to implement 
the recommendations of the expert safety review 
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that the Administrator determines are necessary to 
improve aviation safety. 
(d) CALL TO ACTION ON AIRMAN CERTIFICATION 
STANDARDS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
shall initiate a call to action safety review of pilot 
certification standards in order to bring stakeholders 
together to share lessons learned, best practices, and 
implement actions to address any safety issues iden-
tified. 
(2) CONTENTS.—The call to action safety re-
view required under paragraph (1) shall include— 
(A) a review of Administration regulations, 
guidance, and directives related to the pilot cer-
tification standards, including the oversight of 
those processes; 
(B) a review of revisions made to the pilot 
certification standards for certificates over the 
last four years, including any possible effects on 
pilot competency in manual flying skills and ef-
fectively managing automation to improve safe-
ty; and 
(C) a process for aviation stakeholders, in-
cluding aviation students, instructors, des-
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ignated pilot examiners, pilots, airlines, labor, 
and aviation safety experts, to provide and dis-
cuss any observations, feedback, and best prac-
tices. 
(3) REPORT
AND
RECOMMENDATIONS.—Not 
later than 90 days after the conclusion of the call to 
action safety review pursuant to paragraph (1), the 
Administrator shall submit to the congressional com-
mittees of jurisdiction a report on the results of the 
review, any recommendations for actions or best 
practices to ensure pilot competency in basic manual 
flying skills and in effective management of automa-
tion, and actions the Administrator will take in re-
sponse to the recommendations. 
(e) INTERNATIONAL PILOT TRAINING.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation, the Administrator, and other appropriate of-
ficials of the Government shall exercise leadership in 
setting global standards to improve air carrier pilot 
training and qualifications for— 
(A) monitoring and managing the behavior 
and performance of automated systems; 
(B) controlling the flightpath of aircraft 
without autoflight systems engaged; 
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(C) effectively utilizing and managing 
autoflight systems, when appropriate; 
(D) effectively identifying situations in 
which the use of autoflight systems is appro-
priate and when such use is not appropriate; 
and 
(E) recognizing and responding appro-
priately to non-normal conditions. 
(2) INTERNATIONAL
LEADERSHIP.—The Sec-
retary, the Administrator, and other appropriate of-
ficials of the Government shall exercise leadership 
under subsection (a) by working with— 
(A) foreign counterparts of the Adminis-
trator in the International Civil Aviation Orga-
nization and its subsidiary organizations; 
(B) other international organizations and 
fora; and 
(C) the private sector. 
(3) CONSIDERATIONS.—In exercising leadership 
under paragraph (1), the Secretary, the Adminis-
trator, and other appropriate officials of the Govern-
ment shall consider— 
(A) the latest information relating to 
human factors; 
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(B) aircraft manufacturing trends, includ-
ing those relating to increased automation in 
the cockpit; 
(C) the extent to which cockpit automation 
improves aviation safety and introduces novel 
risks; 
(D) the availability of opportunities for pi-
lots to practice manual flying skills; 
(E) the need for consistency in maintain-
ing and enhancing manual flying skills world-
wide; 
(F) recommended practices of other coun-
tries that enhance manual flying skills and au-
tomation management; and 
(G) whether a need exists for initial and 
recurrent training standards for improve pilots’ 
proficiency in manual flight and in effective 
management of autoflight systems. 
(4) 
CONGRESSIONAL
BRIEFING.—The 
Sec-
retary, the Administrator, and other appropriate of-
ficials of the Government shall provide to the con-
gressional committees of jurisdiction regular brief-
ings on the status of efforts undertaken pursuant to 
this section. 
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