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; 
‘‘(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 
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on Transportation and Infrastructure of 
the House of Representatives and the 
Committee on Commerce, Science, and 
Transportation of the Senate a report 
summarizing each appeal resolved under 
this subsection. 
‘‘(D) FINAL REVIEW.— 
‘‘(i) IN GENERAL.—A written decision 
of the Associate Administrator under 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 
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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 
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 
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‘‘(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. 
‘‘(ii) The Deputy Executive Director 
for Regulatory Operations of the Aircraft 
Certification Service. 
‘‘(iii) The Director or Deputy Director 
of the Compliance and Airworthiness Divi-
sion of the Aircraft Certification Service. 
‘‘(iv) The Director or Deputy Director 
of the System Oversight Division of the 
Aircraft Certification Service. 
‘‘(v) The Director or Deputy Director 
of the Policy and Innovation Division of 
the Aircraft Certification Service. 
‘‘(vi) The Executive Director or any 
Deputy Executive Director of the Flight 
Standards Service. 
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‘‘(vii) The Associate Administrator or 
Deputy Associate Administrator for Avia-
tion Safety. 
‘‘(viii) The Deputy Administrator of 
the Federal Aviation Administration. 
‘‘(ix) The Administrator of the Fed-
eral Aviation Administration. 
‘‘(x) Any similarly situated or suc-
cessor FAA management position, as de-
termined by the Administrator. 
‘‘(C) 
MAJOR
CERTIFICATION
PROCESS 
MILESTONE.—The term ‘major certification 
process milestone’ means a milestone related to 
the type certification basis, type certification 
plan, type inspection authorization, issue paper, 
or other major type certification activity agreed 
to by the Administrator and the type certificate 
applicant. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall apply to the communication of 
a good-faith complaint by any individual alleging— 
‘‘(A) gross misconduct; 
‘‘(B) a violation of title 18; or 
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