H. R. 133—1163 
‘‘(C) PENALTY
CONSIDERATIONS.—In determining the 
amount of a civil penalty under subparagraph (B), the 
Administrator shall consider— 
‘‘(i) the nature, circumstances, extent, and gravity 
of the violation, including the length of time the non-
conformity was known by the holder of a production 
certificate but not disclosed; and 
‘‘(ii) with respect to the violator, the degree of 
culpability, any history of prior violations, and the 
size of the business concern. 
‘‘(D) NONCONFORMING
AIRCRAFT
DEFINED.—In this 
paragraph, the term ‘nonconforming aircraft’ means an air-
craft that does not conform to the approved type design 
for such aircraft type.’’. 
SEC. 121. IMPLEMENTATION OF RECOMMENDATIONS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this title, the Administrator shall submit a report to the 
congressional committees of jurisdiction on the status of the 
Administration’s implementation of covered recommendations. 
(b) CONTENTS.—The report required under subsection (a) shall 
contain, at a minimum— 
(1) a list and description of all covered recommendations; 
(2) a determination of whether the Administrator concurs, 
concurs in part, or does not concur with each covered rec-
ommendation; 
(3) an implementation plan and schedule for all covered 
recommendations the Administrator concurs or concurs in part 
with; and 
(4) for each covered recommendation with which the 
Administrator does not concur (in whole or in part), a detailed 
explanation as to why. 
(c) COVERED RECOMMENDATIONS DEFINED.—In this section, the 
term ‘‘covered recommendations’’ means recommendations made by 
the following entities in any review initiated in response to the 
accident of Lion Air flight 610 on October 29, 2018, or Ethiopian 
Airlines flight 302 on March 10, 2019, that recommend Administra-
tion action: 
(1) The National Transportation Safety Board. 
(2) The Joint Authorities Technical Review. 
(3) The inspector general of the Department of Transpor-
tation. 
(4) The Safety Oversight and Certification Advisory Com-
mittee, or any special committee thereof. 
(5) Any other entity the Administrator may designate. 
SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this title, the Administrator shall establish an Execu-
tive Council within the Administration to oversee the use and 
effectiveness across program offices of the Administration’s Compli-
ance Program, described in Order 8000.373A dated October 31, 
2018. 
(b) COMPLIANCE PROGRAM OVERSIGHT.—The Executive Council 
established under this section shall— 
(1) monitor, collect, and analyze data on the use of the 
Compliance Program across program offices of the Administra-
tion, including data on enforcement actions and compliance
H. R. 133—1164 
actions pursued against regulated entities by such program 
offices; 
(2) conduct an evaluation of the Compliance Program, not 
less frequently than annually each calendar year through 2023, 
to assess the functioning and effectiveness of such program 
in meeting the stated goals and purpose of the program; 
(3) provide reports to the Administrator containing the 
results of any evaluation conducted under paragraph (2), 
including identifying in such report any nonconformities or 
deficiencies in the implementation of the program and compli-
ance of regulated entities with safety standards of the Adminis-
tration; 
(4) make recommendations to the Administrator on regula-
tions, guidance, performance standards or metrics, or other 
controls that should be issued by the Administrator to improve 
the effectiveness of the Compliance Program in meeting the 
stated goals and purpose of the program and to ensure the 
highest levels of aviation safety; and 
(5) carry out any other oversight duties with respect to 
implementation of the Compliance Program and assigned by 
the Administrator. 
(c) EXECUTIVE COUNCIL.— 
(1) EXECUTIVE
COUNCIL
MEMBERSHIP.—The Executive 
Council shall be comprised of representatives from each pro-
gram office with regulatory responsibility as provided in Order 
8000.373A. 
(2) CHAIRPERSON.—The Executive Council shall be chaired 
by a person, who shall be appointed by the Administrator 
and shall report directly to the Administrator. 
(3) INDEPENDENCE.—The Secretary of Transportation, the 
Administrator, or any officer or employee of the Administration 
may not prevent or prohibit the chair of the Executive Council 
from performing the activities described in this section or from 
reporting to Congress on such activities. 
(4) DURATION.—The Executive Council shall terminate on 
October 1, 2023. 
(d) ANNUAL BRIEFING.—Each calendar year through 2023, the 
chair of the Executive Council shall provide a briefing to the 
congressional committees of jurisdiction on the effectiveness of the 
Administration’s Compliance Program in meeting the stated goals 
and purpose of the program and the activities of the office described 
in subsection (b), including any reports and recommendations made 
by the office during the preceding calendar year. 
SEC. 123. SETTLEMENT AGREEMENT. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Administrator should fully exercise all rights and pursue all 
remedies available to the Administrator under any settlement 
agreement between the Administration and the holder of a type 
certificate and production certificate for transport airplanes 
executed on December 18, 2015, including a demand for full pay-
ment of any applicable civil penalties deferred under such agree-
ment, if the Administrator concludes that such holder has not 
fully performed all obligations incurred under such agreement. 
(b) CONGRESSIONAL BRIEFING.—Not later than 60 days after 
the date of enactment of this title, and every 6 months thereafter
H. R. 133—1165 
until a certificate holder described in subsection (a) has fully per-
formed all obligations incurred by such certificate holder under 
such settlement agreement, the Administrator shall brief the 
congressional committees of jurisdiction on action taken consistent 
with subsection (a). 
SEC. 124. HUMAN FACTORS EDUCATION PROGRAM. 
(a) HUMAN FACTORS EDUCATION PROGRAM.— 
(1) IN GENERAL.—The Administrator shall develop a human 
factors education program that addresses the effects of modern 
flight deck systems, including automated systems, on human 
performance for transport airplanes and the approaches for 
better integration of human factors in aircraft design and cer-
tification. 
(2) TARGET AUDIENCE.—The human factors education pro-
gram shall be integrated into the training protocols (as in 
existence as of the date of enactment of this title) for, and 
be routinely administered to, the following: 
(A) Appropriate employees within the Flight Standards 
Service. 
(B) Appropriate employees within the Aircraft Certifi-
cation Service. 
(C) Other employees or authorized representatives 
determined to be necessary by the Administrator. 
(b) 
TRANSPORT
AIRPLANE
MANUFACTURER
INFORMATION 
SHARING.—The Administrator shall— 
(1) require each transport airplane manufacturer to provide 
the Administrator with the information or findings necessary 
for flight crew to be trained on flight deck systems; 
(2) ensure the information or findings under paragraph 
(1) adequately includes consideration of human factors; and 
(3) ensure that each transport airplane manufacturer 
identifies any technical basis, justification or rationale for the 
information and findings under paragraph (1). 
SEC. 
125. 
BEST 
PRACTICES 
FOR 
ORGANIZATION 
DESIGNATION 
AUTHORIZATIONS. 
(a) IN GENERAL.—Section 213 of the FAA Reauthorization Act 
of 2018 (Public Law 115–254, 132 Stat. 3249) is amended— 
(1) by striking subsection (g); 
(2) by redesignating subsections (c) through (f) as sub-
sections (d) through (g), respectively; 
(3) by inserting after subsection (b), the following: 
‘‘(c) BEST PRACTICES REVIEW.—In addition to conducting the 
survey required under subsection (b), the Panel shall conduct a 
review of a sampling of ODA holders to identify and develop best 
practices. At a minimum, the best practices shall address preventing 
and deterring instances of undue pressure on or by an ODA unit 
member, within an ODA, or by an ODA holder, or failures to 
maintain independence between the FAA and an ODA holder or 
an ODA unit member. In carrying out such review, the Panel 
shall— 
‘‘(1) examine other government regulated industries to 
gather lessons learned, procedures, or processes that address 
undue pressure of employees, perceived regulatory coziness, 
or other failures to maintain independence; 
‘‘(2) identify ways to improve communications between an 
ODA Administrator, ODA unit members, and FAA engineers
H. R. 133—1166 
and inspectors, consistent with section 44736(g) of title 49, 
United States Code, in order to enable direct communication 
of technical concerns that arise during a certification project 
without fear of reprisal to the ODA Administrator or ODA 
unit member; and 
‘‘(3) examine FAA designee programs, including the assign-
ment of FAA advisors to designees, to determine which compo-
nents of the program may improve the FAA’s oversight of 
ODA units, ODA unit members, and the ODA program.’’; 
(4) in subsection (d) (as redesignated by paragraph (2))— 
(A) by striking paragraph (3) and redesignating para-
graphs (4) through (6) as paragraphs (3) through (5), 
respectively; 
(B) in paragraph (4) (as redesignated by subparagraph 
(A)), by striking ‘‘and’’ at the end; 
(C) in paragraph (5) (as so redesignated), by striking 
the period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(6) the results of the review conducted under subsection 
(c).’’; and 
(5) by inserting after subsection (g) (as redesignated by 
paragraph (2)), the following: 
‘‘(h) BEST PRACTICES ADOPTION.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
on which the Administrator receives the report required under 
subsection (e), the Administrator shall establish best practices 
that are generally applicable to all ODA holders and require 
such practices to be incorporated, as appropriate, into each 
ODA holder’s approved procedures manual. 
‘‘(2) NOTICE
AND
COMMENT
PERIOD.—The Administrator 
shall publish the established best practices for public notice 
and comment for not fewer than 60 days prior to requiring 
the practices, as appropriate, be incorporated into each ODA 
holder’s approved procedures manual. 
‘‘(i) SUNSET.—The Panel shall terminate on the earlier of— 
‘‘(1) the date of submission of the report under subsection 
(e); or 
‘‘(2) the date that is 2 years after the date on which the 
Panel is first convened under subsection (a).’’. 
(b) PROCEDURES MANUAL.—Section 44736(b)(3) of title 49, 
United States Code, as amended by subsection (c)(2)(D) of section 
107), is further amended— 
(1) in subparagraph (D) (as redesignated by such sub-
section), by striking ‘‘and’’ after the semicolon at the end; 
(2) in subparagraph (E) (as so redesignated), by striking 
the period at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) ensure the ODA holders procedures manual con-
tains procedures and policies based on best practices estab-
lished by the Administrator.’’. 
SEC. 126. HUMAN FACTORS RESEARCH. 
(a) HUMAN FACTORS.—Not later than 180 days after the date 
of enactment of this title, the Administrator, in consultation with 
aircraft manufacturers, operators, and pilots, and in coordination 
with the head of such other Federal agency that the Administrator 
determines appropriate, shall develop research requirements to