H. R. 133—1146 
or the National Aeronautics and Space Administration (with the 
concurrence of the head of such other Federal agency), with special-
ized expertise and experience in the fields of engineering, systems 
design, human factors, and pilot training, including, at a min-
imum— 
(1) not less than 1 designee of the Associate Administrator 
for Aviation Safety whose duty station 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, aerodynamics, 
flight controls, software, and systems design; and 
(5) any other subject matter expert whom the Adminis-
trator determines appropriate. 
(c) AVAILABILITY.—In order to carry out its duties with respect 
to the areas specified in subsection (d), a project team shall be 
available to the Administrator, upon request, at any time during 
the certification process. 
(d) DUTIES.—A project team shall advise the Administrator 
and make written recommendations to the Administrator, to be 
retained in the certification project file, including recommendations 
for any plans, analyses, assessments, and reports required to sup-
port and document the certification project, in the following areas 
associated with a new technology or novel design: 
(1) Initial review of design proposals proposed by the 
applicant and the establishment of the certification basis. 
(2) Identification of new technology, novel design, or safety 
critical design features or systems that are potentially cata-
strophic, either alone or in combination with another failure. 
(3) Determination of compliance findings, system safety 
assessments, and safety critical functions the Administration 
should retain in terms of new technology, novel design, or 
safety critical design features or systems. 
(4) Evaluation of the Administration’s expertise or experi-
ence necessary to support the project. 
(5) Review and evaluation of an applicant’s request for 
exceptions or exemptions from compliance with airworthiness 
standards codified in title 14 of the Code of Federal Regulations, 
as in effect on the date of application for the change. 
(6) Conduct of design reviews, procedure evaluations, and 
training evaluations. 
(7) Review of the applicant’s final design documentation 
and other data to evaluate compliance with all relevant 
Administration regulations. 
(e) DOCUMENTATION
OF FAA RESPONSE.—The Administrator 
shall provide a written response to each recommendation of each 
project team and shall retain such response in the certification 
project file. 
(f) REPORT.—Not later than 1 year after the date of enactment 
of this section, and annually thereafter through fiscal year 2023, 
the Administrator shall submit to the congressional committees 
of jurisdiction a report on the establishment of each integrated 
project team in accordance with this section during such fiscal 
year, including the role and composition of each such project team.
H. R. 133—1147 
SEC. 109. OVERSIGHT INTEGRITY BRIEFING. 
Not later than 1 year after the date of enactment of this 
title, the Administrator shall brief the congressional committees 
of jurisdiction on specific measures the Administrator has taken 
to reinforce that each employee of the Administration responsible 
for overseeing an organization designation authorization with 
respect to the certification of aircraft perform such responsibility 
in accordance with safety management principles and in the public 
interest of aviation safety. 
SEC. 110. APPEALS OF CERTIFICATION DECISIONS. 
(a) IN GENERAL.—Section 44704, of title 49, United States 
Code, as amended by section 105(b), is further amended by adding 
at the end the following: 
‘‘(g) CERTIFICATION DISPUTE RESOLUTION.— 
‘‘(1) DISPUTE RESOLUTION PROCESS AND APPEALS.— 
‘‘(A) IN GENERAL.—Not later than 60 days after the 
date of enactment of this subsection, the Administrator 
shall issue an order establishing— 
‘‘(i) an effective, timely, and milestone-based issue 
resolution process for type certification activities under 
subsection (a); and 
‘‘(ii) a process by which a decision, finding of 
compliance or noncompliance, or other act of the 
Administration, with respect to compliance with design 
requirements, may be appealed by a covered person 
directly involved with the certification activities in dis-
pute on the basis that such decision, finding, or act 
is erroneous or inconsistent with this chapter, regula-
tions, or guidance materials promulgated by the 
Administrator, or other requirements. 
‘‘(B) ESCALATION.—The order issued under subpara-
graph (A) shall provide processes 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 appropriate manage-
ment personnel of the Administration and the type 
certificate applicant 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 certificate applicant; 
‘‘(iii) resolution of a major certification process 
milestone elevated pursuant to clause (ii) within a 
specific period of time agreed to by the Administrator 
and the type certificate applicant; 
‘‘(iv) initial review by appropriate Administration 
employees of any appeal described in subparagraph 
(A)(ii); and 
‘‘(v) subsequent review of any further appeal by 
appropriate management personnel of the Administra-
tion and the Associate Administrator for Aviation 
Safety. 
‘‘(C) DISPOSITION.— 
‘‘(i) WRITTEN DECISION.—The Associate Adminis-
trator for Aviation Safety shall issue a written decision
H. R. 133—1148 
that states the grounds for the decision of the Associate 
Administrator on— 
‘‘(I) each appeal submitted under subpara-
graph (A)(ii); and 
‘‘(II) An appeal to the Associate Administrator 
submitted under subparagraph (B)(v). 
‘‘(ii) REPORT
TO
CONGRESS.—Not later than 
December 31 of each calendar year through calendar 
year 2025, the Administrator shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, 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 Asso-
ciate Administrator under subparagraph (C) may be 
appealed to the Administrator for a final review and 
determination. 
‘‘(ii) DECLINE TO REVIEW.—The Administrator may 
decline to review an appeal initiated pursuant to clause 
(i). 
‘‘(iii) JUDICIAL
REVIEW.—No decision under this 
paragraph (including a decision to decline to review 
an appeal) 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 (as defined in section 
551 of title 5) with an individual representing or acting 
on behalf of an applicant for, or holder 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 commu-
nication, the covered official shall disclose such communica-
tion in the public record at the time of the issuance of 
the written decision under paragraph (1)(C), including the 
time and date of the communication, subject of communica-
tion, and all persons engaged in such communication. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED
PERSON.—The term ‘covered person’ 
means either— 
‘‘(i) an employee of the Administration whose 
responsibilities relate to the certification 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 ‘covered official’ 
means the following officials: 
‘‘(i) The Executive Director or any Deputy Director 
of the Aircraft Certification Service. 
‘‘(ii) The Deputy Executive Director for Regulatory 
Operations of the Aircraft Certification Service.
H. R. 133—1149 
‘‘(iii) The Director or Deputy Director of the 
Compliance and Airworthiness Division 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 Execu-
tive Director of the Flight Standards Service. 
‘‘(vii) The Associate Administrator or Deputy Asso-
ciate Administrator for Aviation Safety. 
‘‘(viii) The Deputy Administrator of the Federal 
Aviation Administration. 
‘‘(ix) The Administrator of the Federal Aviation 
Administration. 
‘‘(x) Any similarly situated or successor FAA 
management position to those described in clauses (i) 
through (ix), as determined by the Administrator. 
‘‘(C) MAJOR CERTIFICATION PROCESS MILESTONE.—The 
term ‘major certification process milestone’ means a mile-
stone related to the type certification basis, type certifi-
cation 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) of title 49, 
United States Code, is amended by striking paragraph (6). 
SEC. 111. EMPLOYMENT RESTRICTIONS. 
(a) DISQUALIFICATION
BASED
ON
PRIOR
EMPLOYMENT.—An 
employee of the Administration with supervisory responsibility may 
not direct, conduct, or otherwise participate in oversight of a holder 
of a certificate issued under section 44704 of title 49, United States 
Code, that previously employed such employee 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 INSPECTORS
AND 
ENGINEERS.— 
‘‘(1) PROHIBITION.—A person holding a certificate 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 oversight of— 
‘‘(i) a flight standards inspector of the Administra-
tion; or 
‘‘(ii) an employee of the Administration with 
responsibility for certification functions with respect
H. R. 133—1150 
to a holder of a certificate issued under section 
44704(a); and 
‘‘(B) had responsibility to inspect, or oversee 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 representative of a certificate holder in a matter 
before the Administration if the individual makes any written 
or oral communication on behalf of the certificate holder 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. 112. PROFESSIONAL DEVELOPMENT, SKILLS ENHANCEMENT, 
CONTINUING EDUCATION AND TRAINING. 
(a) IN GENERAL.—Chapter 445 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘§ 44519. Certification personnel continuing education and 
training 
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration 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 Administra-
tion in accordance with the training strategy developed pursu-
ant to section 231 of the FAA Reauthorization Act of 2018 
(Public Law 115–254; 132 Stat. 3256); 
‘‘(2) to the maximum extent practicable, implement meas-
ures, including assignments in multiple divisions of the Aircraft 
Certification Service, to ensure that such engineers and other 
subject-matter experts in the Aircraft Certification Service have 
access to diverse professional opportunities that expand their 
knowledge and skills; 
‘‘(3) develop a program to provide continuing education 
and training to Administration personnel who hold positions 
involving aircraft certification and flight standards, including 
human factors specialists, engineers, flight test pilots, inspec-
tors, and, as determined appropriate by the Administrator, 
industry personnel who may be responsible for compliance 
activities including designees; and 
‘‘(4) in consultation with outside experts, develop— 
‘‘(A) an education and training curriculum on current 
and new aircraft technologies, human factors, project 
management, and the roles and responsibilities associated 
with oversight of designees; and 
‘‘(B) recommended practices for compliance with 
Administration regulations. 
‘‘(b) IMPLEMENTATION.—The Administrator shall, to the max-
imum extent practicable, ensure that actions taken pursuant to 
subsection (a)— 
‘‘(1) permit engineers, inspectors, and other subject matter 
experts to continue developing knowledge of, and expertise 
in, new and emerging technologies in systems design, flight
H. R. 133—1151 
controls, principles of aviation safety, system oversight, and 
certification project management; 
‘‘(2) minimize the likelihood of an individual developing 
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 (as identified 
by the Administrator in consultation with the exclusive bar-
gaining representatives certified under section 7111 of title 
5, United States Code) between Administration employees and 
private-sector employees for each group of Administration 
employees covered under this section. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Administrator, $10,000,000 for each of 
fiscal years 2021 through 2023 to carry out this section. Amounts 
appropriated under the preceding sentence for any fiscal year shall 
remain available until expended.’’. 
(b) TABLE OF CONTENTS.—The analysis for chapter 445 of title 
49, United States Code, is amended by inserting after the item 
relating to section 44518 the following: 
‘‘44519. Certification personnel continuing education and training.’’. 
SEC. 113. VOLUNTARY SAFETY REPORTING PROGRAM. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this title, the Administrator shall establish a voluntary 
safety reporting program for engineers, safety inspectors, systems 
safety specialists, and other subject matter experts certified under 
section 7111 of title 5, United States Code, to confidentially report 
instances where they have identified safety concerns during certifi-
cation or oversight processes. 
(b) SAFETY REPORTING PROGRAM REQUIREMENTS.—In estab-
lishing the safety reporting program under subsection (a), the 
Administrator shall ensure the following: 
(1) The FAA maintains a reporting culture that encourages 
human factors specialists, engineers, flight test pilots, inspec-
tors, and other appropriate FAA employees to voluntarily report 
safety concerns. 
(2) The safety reporting program is non-punitive, confiden-
tial, and protects employees from adverse employment actions 
related to their participation in the program. 
(3) The safety reporting program identifies exclusionary 
criteria for the program. 
(4) Collaborative development of the program with bar-
gaining representatives of employees under section 7111 of 
title 5, United States Code, who are employed in the Aircraft 
Certification Service or Flight Standards Service of the 
Administration (or, if unable to reach an agreement collabo-
ratively, the Administrator shall negotiate with the representa-
tives in accordance with section 40122(a) of title 49, United 
States Code, regarding the development of the program). 
(5) Full and collaborative participation in the program by 
the bargaining representatives of employees described in para-
graph (4).
H. R. 133—1152 
(6) The Administrator thoroughly reviews safety reports 
to determine whether there is a safety issue, including a hazard, 
defect, noncompliance, nonconformance, or process error. 
(7) The Administrator thoroughly reviews safety reports 
to determine whether any aircraft certification process contrib-
uted to the safety concern being raised. 
(8) The creation of a corrective action process in order 
to address safety issues that are identified through the pro-
gram. 
(c) OUTCOMES.—Results of safety report reviews under this 
section may be used to— 
(1) improve— 
(A) safety systems, hazard control, and risk reduction; 
(B) certification systems; 
(C) FAA oversight; 
(D) compliance and conformance; and 
(E) any other matter determined necessary by the 
Administrator; and 
(2) implement lessons learned. 
(d) REPORT FILING.—The Administrator shall establish require-
ments for when in the certification process reports may be filed 
to— 
(1) ensure that identified issues can be addressed in a 
timely manner; and 
(2) foster open dialogue between applicants and FAA 
employees throughout the certification process. 
(e) INTEGRATION WITH OTHER SAFETY REPORTING PROGRAMS.— 
The Administrator shall implement the safety reporting program 
established under subsection (a) and the reporting requirements 
established pursuant to subsection (d) in a manner that is consistent 
with other voluntary safety reporting programs administered by 
the Administrator. 
(f) REPORT TO CONGRESS.—Not later than 2 years after the 
date of enactment of this title, and annually thereafter through 
fiscal year 2023, the Administrator shall submit to the congressional 
committees of jurisdiction a report on the effectiveness of the safety 
reporting program established under subsection (a). 
SEC. 114. COMPENSATION LIMITATION. 
Section 106(l) of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(7) PROHIBITION ON CERTAIN PERFORMANCE-BASED INCEN-
TIVES.—No employee of the Administration shall be given an 
award, financial incentive, or other compensation, as a result 
of actions to meet performance goals related to meeting or 
exceeding schedules, quotas, or deadlines for certificates issued 
under section 44704.’’. 
SEC. 115. SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS. 
(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this title, the Administrator shall issue such regula-
tions as are necessary to amend part 25 of title 14, Code of Federal 
Regulations, and any associated advisory circular, guidance, or 
policy of the Administration, in accordance with this section. 
(b) SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS.— 
In developing regulations under subsection (a), the Administrator 
shall—
H. R. 133—1153 
(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 significant, with such assessment considering 
the airplane-level effects of individual errors, malfunctions, 
or failures and realistic pilot response times to such errors, 
malfunctions, or failures; 
(B) update such assessment to account for each subse-
quent proposed design change that the Administrator deter-
mines is significant; 
(C) provide appropriate employees of the Administra-
tion with the data and assumptions underlying each assess-
ment and amended assessment; and 
(D) provide for document traceability and clarity of 
explanations for changes to aircraft type designs and 
system safety assessment certification documents; and 
(2) work with other civil aviation authorities representing 
states of design to ensure such regulations remain harmonized 
internationally. 
(c) GUIDANCE.—Guidance or an advisory circular issued under 
subsection (a) shall, at minimum— 
(1) emphasize the importance of clear documentation of 
the technical details and failure modes and effects of a design 
change described in subsection (b)(1); and 
(2) ensure appropriate review of any change that results 
in a functional hazard assessment classification of major or 
greater, as such term is defined in FAA Advisory Circular 
25.1309-1A (or any successor or replacement document). 
(d) FAA REVIEW.—Appropriate employees of the Aircraft Cer-
tification Service and the Flight Standards Service of the Adminis-
tration 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 
subsection (b)(1)(C), to ensure that each such assessment suffi-
ciently addresses the considerations listed in subsection (b)(1)(A). 
SEC. 116. FLIGHT CREW ALERTING. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this title, the Administrator shall implement National 
Transportation Safety Board recommendations 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 title, the Administrator may not 
issue a type certificate for a transport category aircraft unless— 
(1) in the case of a transport airplane, such airplane incor-
porates 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 corrective actions and responding to systems fail-
ures; 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 Administrator to assist the flight 
crew in prioritizing corrective actions and responding to systems 
failures (including by cockpit or flight manual procedures).
H. R. 133—1154 
(c) EXISTING AIRPLANE DESIGNS.—It is the sense of Congress 
that the FAA shall ensure that any system safety assessment 
with respect to the Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, 
as described in National Transportation Safety Board recommenda-
tion A-19-10, is conducted in accordance with such recommendation. 
SEC. 117. CHANGED PRODUCT RULE. 
(a) REVIEW AND REEVALUATION OF AMENDED TYPE CERTIFI-
CATES.— 
(1) INTERNATIONAL LEADERSHIP.—The Administrator shall 
exercise leadership in the creation of international policies and 
standards relating to the issuance of amended type certificates 
within the Certification Management Team. 
(2) REEVALUATION
OF
AMENDED
TYPE
CERTIFICATES.—In 
carrying out this subsection, the Administrator shall— 
(A) encourage Certification Management Team mem-
bers to examine and address any relevant covered rec-
ommendations (as defined in section 121(c)) relating to 
the issuance of amended type certificates; 
(B) reevaluate existing assumptions and practices 
inherent in the amended type certificate process and assess 
whether such assumptions and practices are valid; and 
(C) ensure, to the greatest extent practicable, that 
Federal regulations relating to the issuance of amended 
type certificates are harmonized with the regulations of 
other international states of design. 
(b) AMENDED TYPE CERTIFICATE REPORT AND RULEMAKING.— 
(1) BRIEFINGS.—Not later than 12 months after the date 
of enactment of this title, and annually thereafter through 
fiscal year 2023, the Administrator shall brief the congressional 
committees of jurisdiction on the work and status of the 
development of such recommendations by the Certification 
Management Team. 
(2) INITIATION OF ACTION.—Not later than 2 years after 
the date of enactment of this title, the Administrator shall 
take action to revise and improve the process of issuing 
amended type certificates in accordance with this section. Such 
action shall include, at minimum— 
(A) initiation of a rulemaking proceeding; and 
(B) development or revision of guidance and training 
materials. 
(3) CONTENTS.—In taking actions required under paragraph 
(2), the Administrator shall do the following: 
(A) Ensure that proposed changes to an aircraft are 
evaluated from an integrated whole aircraft system 
perspective that examines the integration of proposed 
changes with existing systems and associated impacts. 
(B) Define key terms used for the changed product 
process under sections 21.19 and 21.101 of title 14, Code 
of Federal Regulations. 
(C) Consider— 
(i) the findings and work of the Certification 
Management Team and other similar international 
harmonization efforts; 
(ii) any relevant covered recommendations (as 
defined in section 121(c)); and