H. R. 133—1138 
‘‘(ii) with respect to the violator, the degree of 
culpability, any history of prior violations, and the 
size of the business concern. 
‘‘(5) REVOCATION AND CIVIL PENALTY FOR INDIVIDUALS.— 
‘‘(A) IN GENERAL.—The Administrator shall revoke any 
airline transport pilot certificate issued under section 44703 
held by any individual who, while acting on behalf of 
an applicant for, or holder of, a type certificate, knowingly 
makes a false statement with respect to any of the matters 
described in subparagraphs (A) through (E) of paragraph 
(1). 
‘‘(B) AUTHORITY
TO
IMPOSE
CIVIL
PENALTY.—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 otherwise inhibit the authority 
of the Administrator to deny an application by an applicant 
for a type certificate or to revoke or amend 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 certificate; and 
‘‘(B) does not include a supplemental type certificate 
issued under subsection (b).’’. 
(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 
Administrator shall provide a person— 
‘‘(1) written notice of the violation and the amount of pen-
alty; and 
‘‘(2) the opportunity for a hearing under subpart G of 
part 13 of title 14, Code of Federal Regulations.’’. 
(c) REQUIRED SUBMISSION OF OUTLINE OF SYSTEM CHANGES 
AT THE BEGINNING OF THE CERTIFICATION PROCESS.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this title, the Administrator shall initiate a 
process to revise procedures to require an applicant for an 
amendment to a type certificate for a transport category aircraft 
to disclose to the Administrator, in a single document submitted 
at the beginning of the process for amending such certificate, 
all new systems and intended changes to existing systems 
then known to such applicant. The Administrator shall finalize 
the revision of such procedures not later than 18 months after 
initiating such process. 
(2) APPLICATION.—Compliance with the procedures revised 
pursuant to paragraph (1) shall not preclude an applicant from 
making additional changes to aircraft systems as the design 
and application process proceeds. 
(3) SAVINGS PROVISION.—Nothing in this subsection may 
be construed to limit the obligations of an applicant for an 
amended type certificate for a transport category airplane under
H. R. 133—1139 
section 44704(e) of title 49, United States Code, as amended 
in this title. 
SEC. 106. LIMITATION ON DELEGATION. 
Section 44702(d) of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(4)(A) With respect to a critical system design feature of a 
transport category airplane, the Administrator may not delegate 
any finding of compliance with applicable airworthiness standards 
or review of any system safety assessment required for the issuance 
of a certificate, including a type certificate, or amended or supple-
mental type certificate, under section 44704, until the Administrator 
has reviewed and validated any underlying assumptions related 
to human factors. 
‘‘(B) The requirement under subparagraph (A) shall not apply 
if the Administrator determines the matter involved is a routine 
task. 
‘‘(C) For purposes of subparagraph (A), the term critical system 
design feature includes any feature (including a novel or unusual 
design feature) for which the failure of such feature, either 
independently or in combination with other failures, could result 
in catastrophic or hazardous failure conditions, as those terms 
are defined by the Administrator.’’. 
SEC. 107. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZA-
TION UNIT MEMBERS. 
(a) IN GENERAL.—Chapter 447 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘§ 44741. Approval of organization designation authorization 
unit members 
‘‘(a) IN GENERAL.—Beginning January 1, 2022, each individual 
who is selected on or after such date to become an ODA unit 
member 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 Fed-
eral Aviation Administration under section 44702(d)— 
‘‘(1) shall be— 
‘‘(A) an employee, a contractor, or a consultant of the 
ODA holder; or 
‘‘(B) 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 approval of an individual 
to become an ODA unit member under this section. 
‘‘(2) PROCESS.—An ODA holder described in subsection (a) 
may submit to the Administrator an application for an indi-
vidual to be approved to become an ODA unit member under 
this section. The application shall be submitted in such form 
and manner as the Administrator determines appropriate. The 
Administrator shall require an ODA holder to submit with 
such an application information sufficient to demonstrate an 
individual’s qualifications under subsection (c). 
‘‘(3) TIMELINE.—The Administrator shall approve or reject 
an individual that is selected by an ODA holder to become
H. R. 133—1140 
an ODA unit member under this section not later than 30 
days after the receipt of an application by an ODA holder. 
‘‘(4) DOCUMENTATION OF APPROVAL.—Upon approval of an 
individual to become an ODA unit member under this section, 
the Administrator shall provide such individual a letter con-
firming that such individual has been approved by the Adminis-
trator 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 
an ODA unit member under this section regardless of whether 
an application for such individual was previously rejected by 
the Administrator. 
‘‘(c) QUALIFICATIONS.— 
‘‘(1) IN GENERAL.—The Administrator shall issue minimum 
qualifications for an individual to become an ODA unit member 
under this section. In issuing such qualifications, the Adminis-
trator shall consider existing qualifications for Administration 
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 enforcement action, 
as determined by the Administrator, taken by the Adminis-
trator with respect to any certificate, approval, or 
authorization 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 chapter and in title 14, 
Code of Federal Regulations, necessary for performance 
of the authorized functions sought; 
‘‘(E) possesses a high degree of knowledge of applicable 
design or production principles, system safety principles, 
or safety risk management 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 ensure 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 an ODA unit member 
under this section, if an application for such individual was 
previously rejected, the Administrator shall ensure that the 
reasons for the prior rejection have been resolved or mitigated 
to the Administrator’s satisfaction before making a determina-
tion on the individual’s reapplication. 
‘‘(d) RESCISSION OF APPROVAL.—The Administrator may rescind 
an approval of an individual as an ODA unit member granted 
pursuant to this section at any time and for any reason the Adminis-
trator considers appropriate. The Administrator shall develop proce-
dures to provide for notice and opportunity to appeal rescission 
decisions made by the Administrator. Such decisions by the 
Administrator are not subject to judicial review. 
‘‘(e) CONDITIONAL SELECTIONS.— 
‘‘(1) IN GENERAL.—Subject to the requirements of this sub-
section, the Administrator may authorize an ODA holder to 
conditionally designate an individual to perform the functions
H. R. 133—1141 
of an ODA unit member for a period of not more than 30 
days (beginning on the date an application for such individual 
is submitted under subsection (b)(2)). 
‘‘(2) REQUIRED
DETERMINATION.—The Administrator may 
not make an authorization under paragraph (1) unless— 
‘‘(A) the ODA holder has instituted, to the Administra-
tor’s satisfaction, systems and processes to ensure the integ-
rity and reliability of determinations by conditionally-des-
ignated ODA unit members; and 
‘‘(B) the ODA holder has instituted a safety manage-
ment system in accordance with regulations issued by the 
Administrator under section 102 of the Aircraft Certifi-
cation, Safety, and Accountability Act. 
‘‘(3) FINAL
DETERMINATION.—The Administrator shall 
approve or reject the application for an individual designated 
under paragraph (1) in accordance with the timeline and proce-
dures described in subsection (b). 
‘‘(4) REJECTION AND REVIEW.—If the Administrator rejects 
the application submitted under subsection (b)(2) for an indi-
vidual conditionally designated under paragraph (1), the 
Administrator shall review and approve or disapprove any deci-
sion pursuant to any authorized function performed by such 
individual during the period such individual served as a condi-
tional designee. 
‘‘(5) PROHIBITIONS.—Notwithstanding the requirements of 
paragraph (2), the Administrator may prohibit an ODA holder 
from making conditional designations of individuals as ODA 
unit members under this subsection at any time for any reason 
the Administrator considers appropriate. The Administrator 
may prohibit any conditionally designated individual from per-
forming an authorized function at any time for any reason 
the Administrator considers appropriate. 
‘‘(f) RECORDS AND BRIEFINGS.— 
‘‘(1) IN GENERAL.—Beginning on the date described in sub-
section (a), an ODA holder shall maintain, for a period to 
be determined by the Administrator and with proper protections 
to ensure the security of sensitive and personal information— 
‘‘(A) any data, applications, records, or manuals 
required by the ODA holder’s approved procedures manual, 
as determined by the Administrator; 
‘‘(B) the names, responsibilities, qualifications, and 
example signature of each member of the ODA unit who 
performs an authorized function pursuant to a delegation 
by the Administrator under section 44702(d); 
‘‘(C) training records for ODA unit members and ODA 
administrators; and 
‘‘(D) any other data, applications, records, or manuals 
determined appropriate by the Administrator. 
‘‘(2) CONGRESSIONAL
BRIEFING.—Not later than 90 days 
after the date of enactment of this section, and every 90 days 
thereafter through September 30, 2023, the Administrator shall 
provide a briefing to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
on the implementation and effects of this section, including— 
‘‘(A) the Administration’s performance in completing 
reviews of individuals and approving or denying such