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 
‘‘(ii) an applicant for, or holder of, a 
type certificate or amended type certificate 
issued under this section. 
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‘‘(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. 
‘‘(vii) The Associate Administrator or 
Deputy Associate Administrator for Avia-
tion Safety. 
‘‘(viii) The Deputy Administrator of 
the Federal Aviation Administration. 
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‘‘(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 
‘‘(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). 
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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. 
(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 
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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-
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 
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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-
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 
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(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. 
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 
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(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 
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. 
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(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-
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 
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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). 
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 
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(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.— 
(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-
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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.— 
(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. 
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(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 
(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-
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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. 
(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— 
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(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)— 
‘‘(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 
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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 
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 
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‘‘(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.— 
‘‘(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 
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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. 
‘‘(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 
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‘‘(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.’’. 
(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-
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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; 
(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, 
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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 
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— 
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(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-
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-
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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; 
(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— 
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(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; 
(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; 
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(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. 
SEC. 21. NONCONFORMITY WITH APPROVED TYPE DESIGN. 
Section 44704(a) of title 49, United States Code, is 
further amended by adding at the end the following: 
‘‘(6) NONCONFORMITY WITH APPROVED TYPE 
DESIGN.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (D), a holder of a production cer-
tificate for an aircraft may not present a non-
conforming aircraft to the Administrator for 
issuance of an airworthiness certificate. 
‘‘(B) CIVIL
PENALTY.—Notwithstanding 
section 46301, a production certificate holder 
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who knowingly violates subparagraph (A) shall 
be liable to the Administrator for a civil penalty 
of not more than $1,000,000 for each noncon-
forming aircraft. 
‘‘(C) PENALTY CONSIDERATIONS.—In de-
termining the amount of a civil penalty under 
subparagraph (B), the Administrator shall con-
sider— 
‘‘(i) the nature, circumstances, extent, 
and gravity of the violation, including the 
length of time the nonconformity was 
known 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 con-
cern. 
‘‘(D) REMEDIAL
ACTION.—The Adminis-
trator may permit a production certificate hold-
er to present a nonconforming aircraft to the 
Administrator for an airworthiness certificate 
if— 
‘‘(i) the Administrator determines the 
nonconformity, when compared to the con-
figuration approved as part of the type de-
sign, does not diminish by any degree the 
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aircraft’s 
safe 
operation 
without 
any 
change in flight crew operating procedures; 
‘‘(ii) the Administrator determines the 
nonconformity was not the product of an 
intentional decision by the production cer-
tificate holder to alter the aircraft’s con-
figuration from the approved type design; 
‘‘(iii) the production certificate holder 
has fully complied with subparagraph (E); 
‘‘(iv) the production certificate holder 
agrees to correct the nonconformity on all 
nonconforming aircraft within a timeframe 
that is— 
‘‘(I) prescribed by the Adminis-
trator; and 
‘‘(II) commensurate with the se-
verity of the nonconformity; 
‘‘(v) the production certificate holder 
informs a person who is to take delivery of 
the nonconforming aircraft of the non-
conformance prior to its delivery; and 
‘‘(vi) the production certificate holder 
agrees not to impose any penalty, financial 
or otherwise, on a person that chooses to 
delay the delivery of a nonconforming air-
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craft until the production certificate hold-
er, to the Administrator’s satisfaction, con-
forms the aircraft to the approved type de-
sign of such aircraft. 
‘‘(E) NOTIFICATION AND PROPOSED REME-
DIAL ACTION.—A production certificate holder 
shall, within 5 days of determining that such 
production certificate holder delivered a noncon-
forming aircraft, notify the Administrator, the 
purchaser of the airplane, and (if the purchaser 
is a lessor) the intended operator of the air-
plane, if known. A notification under this clause 
shall describe— 
‘‘(i) the nonconformity in detail; and 
‘‘(ii) the production certificate hold-
er’s initial proposal for actions necessary 
to eliminate the nonconformity. 
‘‘(F) 
NONCONFORMING
AIRCRAFT
DE-
FINED.—In this paragraph, the term ‘noncon-
forming aircraft’ means an aircraft that does 
not conform to the approved type design for 
such aircraft type.’’. 
SEC. 22. IMPLEMENTATION OF RECOMMENDATIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall sub-
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mit a report to the congressional committees of jurisdic-
tion on the status of the Administration’s implementation 
of covered recommendations. 
(b) CONTENTS.—The report required under sub-
section (a) shall contain, at a minimum— 
(1) a list and description of all covered rec-
ommendations; 
(2) a determination of whether the Adminis-
trator concurs, concurs in part, or does not concur 
with each covered recommendation; 
(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 re-
view 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 Administration ac-
tion: 
(1) The National Transportation Safety Board. 
(2) The Joint Authorities Technical Review. 
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(3) The inspector general of the Department of 
Transportation. 
(4) The Safety Oversight and Certification Ad-
visory Committee, or any special committee thereof. 
(5) Any other entity the Administrator may 
designate. 
SEC. 23. OVERSIGHT OF FAA COMPLIANCE PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall es-
tablish an Executive Council within the Administration to 
oversee the use and effectiveness across program offices 
of the Administration’s Compliance Program, described in 
Order 8000.373A dated October 31, 2018. 
(b) COMPLIANCE PROGRAM OVERSIGHT.—The Exec-
utive Council established under this section shall— 
(1) monitor, collect, and analyze data on the 
use of the Compliance Program across program of-
fices of the Administration, including data on en-
forcement actions and compliance actions pursued 
against regulated entities by such program offices; 
(2) conduct an evaluation of the Compliance 
Program, not less frequently than annually each cal-
endar year through 2023, to assess the functioning 
and effectiveness of such program in meeting the 
stated goals and purpose of the program; 
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(3) provide reports to the Administrator con-
taining the results of any evaluation conducted 
under paragraph (2), including identifying in such 
report any nonconformities or deficiencies in the im-
plementation of the program and compliance of reg-
ulated entities with safety standards of the Adminis-
tration; 
(4) make recommendations to the Adminis-
trator on regulations, guidance, performance stand-
ards or metrics, or other controls that should be 
issued by the Administrator to improve the effective-
ness of the Compliance Program in meeting the stat-
ed goals and purpose of the program and to ensure 
the highest levels of aviation safety; and 
(5) carry out any other oversight duties with re-
spect to implementation of the Compliance Program 
and assigned by the Administrator. 
(c) EXECUTIVE COUNCIL.— 
(1) EXECUTIVE
COUNCIL
MEMBERSHIP.—The 
Compliance Program Executive Council shall be 
comprised of representatives from each program of-
fice with regulatory responsibility as provided in 
Order 8000.373A. 
(2) CHAIRPERSON.—The Executive Council 
shall be chaired by a person, who shall be appointed 
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by the Administrator and shall report directly to the 
Administrator. 
(3) INDEPENDENCE.—The Secretary of Trans-
portation, the Administrator, or any officer or em-
ployee of the Administration may not prevent or pro-
hibit the chair of the Executive Council from per-
forming 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 juris-
diction on the effectiveness of the Administration’s Com-
pliance 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 recommenda-
tions made by the office during the preceding calendar 
year. 
SEC. 24. SETTLEMENT AGREEMENT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Administrator should fully exercise all 
rights and pursue all remedies available to the Adminis-
trator under any settlement agreement between the Ad-
ministration and the holder of a type certificate and pro-
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duction certificate for transport airplanes executed on De-
cember 18, 2015, including a demand for full payment 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 
February 1, 2021, and every 6 months thereafter until 
a certificate holder described in subsection (a) has fully 
performed all obligations incurred by such certificate hold-
er under such settlement agreement, the Administrator 
shall brief the congressional committees of jurisdiction on 
action taken consistent with subsection (a). 
SEC. 25. HUMAN FACTORS. 
(a) AIRCRAFT CERTIFICATION PROCESS.— 
(1) EVALUATION.—Not later than 18 months 
after the date of enactment of this Act, the Adminis-
trator (acting through the Associate Administrator 
for Aviation Safety of the Administration) shall— 
(A) conduct an evaluation of the develop-
ment of tools and methods to support the inte-
gration of human factors assessment and sys-
tem safety assessments of human interaction 
with flight deck and flight control systems for 
transport airplanes into the aircraft certifi-
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cation process under section 44704 of title 49, 
United States Code; and 
(B) develop a framework to better inte-
grate human factors throughout such aircraft 
certification process with the objective of im-
proving safety by designing systems and train-
ing pilots in a manner that accounts for con-
temporary knowledge to reduce the possibility 
of an accident resulting in whole or in part 
from the pilot’s interaction with the aircraft. 
(2) REPORT TO CONGRESS.—Not later than 60 
days after the completion of the evaluation required 
under paragraph (1), the Administrator shall submit 
to Congress a report detailing the findings of such 
report and a plan for implementation based on such 
findings of such report. 
(3) IMPLEMENTATION.—Upon submission of 
the report required under paragraph (2), the Admin-
istrator shall implement the findings of such evalua-
tion. 
(b) HUMAN FACTORS EDUCATION PROGRAM.— 
(1) IN GENERAL.—The Administrator shall de-
velop a human factors education program that ad-
dresses the effects of modern flight deck systems, in-
cluding automated systems, on human performance 
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for transport airplanes and the approaches for better 
integration of human factors in aircraft design and 
certification. 
(2) TARGET
AUDIENCE.—The human factors 
education program shall be integrated into the train-
ing protocol in existence as of the date of the enact-
ment of this Act such that such program is routinely 
administered to the following: 
(A) Appropriate employees within the 
Flight Standards Service. 
(B) Appropriate employees within the Air-
craft Certification Service. 
(C) Other employees or authorized rep-
resentatives determined to be necessary by the 
Administrator. 
(c) TRANSPORT AIRPLANE MANUFACTURER INFOR-
MATION SHARING.—The Administrator shall— 
(1) require each transport airplane manufac-
turer to provide the Administrator with the informa-
tion 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 
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(3) ensure that each transport airplane manu-
facturer identifies any technical basis, justification 
or rationale for the information and findings under 
paragraph (1). 
SEC. 26. TECHNICAL CORRECTIONS. 
Section 46301 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(1)(A) by striking ‘‘(except 
sections 44717 and 44719–44723)’’ and inserting 
‘‘(except sections 44704(a)(6), 44704(e)(4), 44717, 
and 44719–44723)’’; 
(2) in subsection (a)(5)(A) by striking ‘‘(except 
sections 44717–44723)’’ and inserting ‘‘(except sec-
tions 
44704(a)(6), 
44704(e)(4), 
and 
44717– 
44723)’’; 
(3) in subsection (d)(2) by striking ‘‘(except 
sections 44717 and 44719–44723)’’ and inserting 
‘‘(except sections 44704(a)(6), 44704(e)(4), 44717, 
and 44719–44723)’’; and 
(4) in subsection (f)(1)(A)(i) by striking ‘‘(ex-
cept sections 44717 and 44719–44723)’’ and insert-
ing ‘‘(except sections 44704(a)(6), 44704(e)(4), 
44717, and 44719–44723)’’. 
SEC. 27. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATION; FAA.—The terms ‘‘Ad-
ministration’’ and ‘‘FAA’’ mean the Federal Avia-
tion Administration. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the FAA. 
(3) ORGANIZATION
DESIGNATION
AUTHORIZA-
TION.—The term ‘‘organization designation author-
ization’’ has the same meaning given such term in 
section 44736 of title 49, United States Code. 
(4) CONGRESSIONAL COMMITTEES OF JURISDIC-
TION.—The term ‘‘congressional committees of juris-
diction’’ means the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(5) HUMAN FACTORS.—The term ‘‘human fac-
tors’’ means a multidisciplinary set of principles de-
veloped to holistically explain and predict pilot be-
havior in relation to the management of the oper-
ation of an aircraft, including the pilot’s manage-
ment of aircraft systems and response to systems 
failures and non-normal conditions. 
(6) TRANSPORT AIRPLANE.—The term ‘‘trans-
port airplane’’ means a transport-category airplane 
designed for operation by an air carrier or foreign 
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