(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-
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-
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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-
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 
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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. 
(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). 
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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 
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 
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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-
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-
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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. 
‘‘(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) 
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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 
violations, and the size of the business con-
cern. 
‘‘(5) REVOCATION AND CIVIL PENALTY FOR IN-
DIVIDUALS.— 
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‘‘(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’— 
‘‘(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).’’. 
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(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 
(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-
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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 subsection— 
‘‘(A) with respect to the certification of the 
design of a novel or unusual design feature that 
results in a major change to a type design, ex-
cept when the Administrator determines— 
‘‘(i) a matter is a routine task; or 
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‘‘(ii) during the course of the certifi-
cation process, that a matter no longer re-
lates to a novel or unusual design feature; 
or 
‘‘(B) on the sole basis that the Federal 
Aviation Administration lacks a sufficient num-
ber of personnel 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 
performs an authorized function pursuant to a delegation 
by the Administrator of the Federal Aviation Administra-
tion under section 44702(d)— 
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‘‘(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 
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. 
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‘‘(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; 
‘‘(B) has no recent record of serious en-
forcement action, as determined by the Admin-
istrator, taken by the Administrator with re-
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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. 
‘‘(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-
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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-
proved procedures manual, as determined by 
the Administrator; 
‘‘(B) the names, responsibilities, qualifica-
tions, and example signature of each member of 
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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 
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 
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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— 
‘‘(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 
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‘‘(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. 
‘‘(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. 
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‘‘§ 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-
plicable Federal laws or regulations of the Ad-
ministration. 
‘‘(c) REPORTING.— 
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‘‘(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-
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 
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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— 
‘‘(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 
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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 
such contact, except that such manufacturer may in-
stitute reasonable, company-wide policies requiring 
documentation of communications regarding aircraft 
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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 
(2) in subsection (b)(3)— 
(A) in subparagraph (A)— 
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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 
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. 
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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 
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 
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‘‘(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-
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; 
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‘‘(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 
on Transportation and Infrastructure of 
the House of Representatives and the 
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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 
communication with an individual representing 
or acting on behalf of an applicant for, or hold-
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