49 U.S.C. § 44736 (TRANSPORTATION)
§ 44736. Organization designation authorizations
(a) Delegations of Functions.—
(1) In general.—
Except as provided in paragraph (3), when overseeing an ODA holder, the Administrator of the FAA shall—
(A) require, based on an application submitted by the ODA holder and approved by the Administrator (or the Administrator’s designee), a procedures manual that addresses all procedures and limitations regarding the functions to be performed by the ODA holder;
(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to 1 or more of the functions;
(C) conduct regular oversight activities by inspecting the ODA holder’s delegated functions and taking action based on validated inspection findings; and
(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder’s capability to execute that function safely and effectively and return to full authority status.
(2) Duties of oda holders.—
An ODA holder shall—
(A) perform each specified function delegated to the ODA holder in accordance with the approved procedures manual for the delegation;
(B) make the procedures manual available to each member of the appropriate ODA unit; and
(C) cooperate fully with oversight activities conducted by the Administrator in connection with the delegation.
(3) Existing oda holders.—
With regard to an ODA holder operating under a procedures manual approved by the Administrator before the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall—
(A) at the request of the ODA holder and in an expeditious manner, approve revisions to the ODA holder’s procedures manual;
(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to one or more of the functions;
(C) conduct regular oversight activities by inspecting the ODA holder’s delegated functions and taking action based on validated inspection findings; and
(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder’s capability to execute that function safely and effectively and return to full authority status.
(b) ODA Office.—
(1) Establishment.—
Not later than 120 days after the date of enactment of this section, the Administrator of the FAA shall identify, within the FAA Office of Aviation Safety, a centralized policy office to be known as the Organization Designation Authorization Office or the ODA Office.
(2) Purpose.—
The purpose of the ODA Office shall be to provide oversight and ensure the consistency of the FAA’s audit functions under the ODA program across the FAA.
(3) Functions.—
The ODA Office shall—
(A)
(i) at the request of an ODA holder, eliminate all limitations specified in a procedures manual in place on the day before the date of enactment of the FAA Reauthorization Act of 2018 that are low and medium risk as determined by a risk analysis using criteria established by the ODA Office and disclosed to the ODA holder, except where an ODA holder’s performance warrants the retention of a specific limitation due to documented concerns about inadequate current performance in carrying out that authorized function;
(ii) require an ODA holder to establish a corrective action plan to regain authority for any retained limitations;
(iii) require an ODA holder to notify the ODA Office when all corrective actions have been accomplished; and
(iv) make a reassessment to determine if subsequent performance in carrying out any retained limitation warrants continued retention and, if such reassessment determines performance meets objectives, lift such limitation immediately;
(B) improve FAA and ODA holder performance and ensure full utilization of the authorities delegated under the ODA program;
(C) develop a more consistent approach to audit priorities, procedures, and training under the ODA program;
(D) review, in a timely fashion, a random sample of limitations on delegated authorities under the ODA program to determine if the limitations are appropriate;
(E) ensure national consistency in the interpretation and application of the requirements of the ODA program, including any limitations, and in the performance of the ODA program; and
(F) at the request of an ODA holder, review and approve new limitations to ODA functions.
(c) Definitions.—
In this section, the following definitions apply:
(1) FAA.—
The term “FAA” means the Federal Aviation Administration.
(2) ODA holder.—
The term “ODA holder” means an entity authorized to perform functions pursuant to a delegation made by the Administrator of the FAA under section 44702(d).
(3) ODA unit.—
The term “ODA unit” means a group of 2 or more individuals who perform, under the supervision of an ODA holder, authorized functions under an ODA.
(4) Organization.—
The term “organization” means a firm, partnership, corporation, company, association, joint-stock association, or governmental entity.
(5) Organization designation authorization; oda.—
The term “Organization Designation Authorization” or “ODA” means an authorization by the FAA under section 44702(d) for an organization composed of 1 or more ODA units to perform approved functions on behalf of the FAA.
(Added Pub. L. 115–254, div. B, title II, § 212(a), Oct. 5, 2018, 132 Stat. 3247.)
heading: References in Text
text: The date of enactment of the FAA Reauthorization Act of 2018 and the date of enactment of this section, referred to in subsecs. (a)(3) and (b)(1), (3)(A)(i), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.