Division V — Aircraft Certification, Safety, and Accountability
V Aircraft Certification, Safety, and Accountability
I Aircraft Certification, Safety, and Accountability
Sec. 102 Safety management systems
Rulemaking proceeding—
In general— Not later than 30 days after the date of enactment of this title, the Administrator shall initiate a rulemaking proceeding to require that manufacturers that hold both a type certificate and a production certificate issued pursuant to section 44704 of title 49, United States Code, where the United States is the State of Design and State of Manufacture, have in place a safety management system that is consistent with the standards and recommended practices established by ICAO and contained in annex 19 to the Convention on International Civil Aviation (61 Stat. 1180), for such systems.
Contents of regulations— The regulations issued under paragraph (1) shall, at a minimum—
ensure safety management systems are consistent with, and complementary to, existing safety management systems;
include provisions that would permit operational feedback from operators and pilots qualified on the manufacturers’ equipment to ensure that the operational assumptions made during design and certification remain valid;
include provisions for the Administrator’s approval of, and regular oversight of adherence to, a certificate holder’s safety management system adopted pursuant to such regulations; and
require such certificate holder to adopt, not later than 4 years after the date of enactment of this title, a safety management system.
Final rule deadline— Not later than 24 months after initiating the rulemaking under subsection (a), the Administrator shall issue a final rule.
Surveillance and audit requirement— The final rule issued pursuant to subsection (b) shall include a requirement for the Administrator to implement a systems approach to risk-based surveillance by defining and planning inspections, audits, and monitoring activities on a continuous basis, to ensure that design and production approval holders of aviation products meet and continue to meet safety management system requirements under the rule.
Engagement with ICAO— The Administrator shall engage with ICAO and foreign civil aviation authorities to help encourage the adoption of safety management systems for manufacturers on a global basis, consistent with ICAO standards.
Safety reporting program— The regulations issued under subsection (a) shall require a safety management system to include a confidential employee reporting system through which employees can report hazards, issues, concerns, occurrences, and incidents. A reporting system under this subsection shall include provisions for reporting, without concern for reprisal for reporting, of such items by employees in a manner consistent with confidential employee reporting systems administered by the Administrator. Such regulations shall also require a certificate holder described in subsection (a) to submit a summary of reports received under this subsection to the Administrator at least twice per year.
Code of ethics— The regulations issued under subsection (a) shall require a safety management system to include establishment of a code of ethics applicable to all appropriate employees of a certificate holder, including officers (as determined by the FAA), which clarifies that safety is the organization’s highest priority.
Protection of safety information— Section 44735(a) of title 49, United States Code, is amended—
by striking “title 5 if the report” and inserting the following:
“(1) if the report”
by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(2) if the report, data, or other information is submitted to the Federal Aviation Administration pursuant to section 102(e) of the Aircraft Certification, Safety, and Accountability Act.”
Sec. 103 Expert review of organization designation authorizations for transport airplanes
Expert review—
Establishment— Not later than 30 days after the date of enactment of this title, the Administrator shall convene an expert panel (in this section referred to as the “review panel”) to review and make findings and recommendations on the matters listed in paragraph (2).
Contents of review— With respect to each holder of an organization designation authorization for the design and production of transport airplanes, the review panel shall review the following:
The extent to which the holder’s safety management processes promote or foster a safety culture consistent with the principles of the International Civil Aviation Organization Safety Management Manual, Fourth Edition (International Civil Aviation Organization Doc. No. 9859) or any similar successor document.
The effectiveness of measures instituted by the holder to instill, among employees and contractors of such holder that support organization designation authorization functions, a commitment to safety above all other priorities.
The holder’s capability, based on the holder’s organizational structures, requirements applicable to officers and employees of such holder, and safety culture, of making reasonable and appropriate decisions regarding functions delegated to the holder pursuant to the organization designation authorization.
Any other matter determined by the Administrator for which inclusion in the review would be consistent with the public interest in aviation safety.
Composition of review panel— The review panel shall consist of—
2 representatives of the National Aeronautics and Space Administration;
2 employees of the Administration’s Aircraft Certification Service with experience conducting oversight of persons not involved in the design or production of transport airplanes;
1 employee of the Administration’s Aircraft Certification Service with experience conducting oversight of persons involved in the design or production of transport airplanes;
2 employees of the Administration’s Flight Standards Service with experience in oversight of safety management systems;
1 appropriately qualified representative, designated by the applicable represented organization, of each of—
a labor union representing airline pilots involved in both passenger and all-cargo operations;
a labor union, not selected under clause (i), representing airline pilots with expertise in the matters described in paragraph (2);
a labor union representing employees engaged in the assembly of transport airplanes;
the certified bargaining representative under section 7111 of title 5, United States Code, for field engineers engaged in the audit or oversight of an organization designation authorization within the Aircraft Certification Service of the Administration;
the certified bargaining representative for safety inspectors of the Administration; and
a labor union representing employees engaged in the design of transport airplanes;
2 independent experts who have not served as a political appointee in the Administration and—
who hold either a baccalaureate or postgraduate degree in the field of aerospace engineering or a related discipline; and
who have a minimum of 20 years of relevant applied experience;
4 air carrier employees whose job responsibilities include administration of a safety management system;
4 individuals representing 4 different holders of organization designation authorizations, with preference given to individuals representing holders of organization designation authorizations for the design or production of aircraft other than transport airplanes or for the design or production of aircraft engines, propellers, or appliances; and
1 individual holding a law degree and who has expertise in the legal duties of a holder of an organization designation authorization and the interaction with the FAA, except that such individual may not, within the 10-year period preceding the individual’s appointment, have been employed by, or provided legal services to, the holder of an organization designation authorization referenced in paragraph (2).
Recommendations— The review panel shall make recommendations to the Administrator regarding suggested actions to address any deficiencies found after review of the matters listed in paragraph (2).
Report—
Submission— Not later than 270 days after the date of the first meeting of the review panel, the review panel shall transmit to the Administrator and the congressional committees of jurisdiction a report containing the findings and recommendations of the review panel regarding the matters listed in paragraph (2), except that such report shall include—
only such findings endorsed by 10 or more individual members of the review panel; and
only such recommendations described in paragraph (4) endorsed by 18 or more of the individual members of the review panel.
Dissenting views— In submitting the report required under this paragraph, the review panel shall append to such report the dissenting views of any individual member or group of members of the review panel regarding the findings or recommendations of the review panel.
Publication— Not later than 5 days after receiving the report under subparagraph (A), the Administrator shall publish such report, including any dissenting views appended to the report, on the website of the Administration.
Termination— The review panel shall terminate upon submission of the report under subparagraph (A).
Administrative provisions—
Access to information— The review panel shall have authority to perform the following actions if a majority of the total number of review panel members consider each action necessary and appropriate:
Entering onto the premises of a holder of an organization designation authorization referenced in paragraph (2) for access to and inspection of records or other purposes.
Notwithstanding any other provision of law, accessing and inspecting unredacted records directly necessary for the completion of the panel’s work under this section that are in the possession of such holder of an organization designation authorization or the Administration.
Interviewing employees of such holder of an organization designation authorization or the Administration as necessary for the panel to complete its work.
Disclosure of financial interests— Each individual serving on the review panel shall disclose to the Administrator any financial interest held by such individual, or a spouse or dependent of such individual, in a business enterprise engaged in the design or production of transport airplanes, aircraft engines designed for transport airplanes, or major systems, components, or parts thereof.
Protection of proprietary information; trade secrets—
Marking— The custodian of a record accessed under subparagraph (A) may mark such record as proprietary or containing a trade secret. A marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure.
Nondisclosure for non-federal government participants—
Non-federal government participants— Prior to participating on the review panel, each individual serving on the review panel representing a non-Federal entity, including a labor union, shall execute an agreement with the Administrator in which the individual shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the panel under subparagraph (A).
Federal employee participants— Federal employees serving on the review panel as representatives of the Federal Government and who are required to protect proprietary information and trade secrets under section 1905 of title 18, United States Code, shall not be required to execute agreements under this subparagraph.
Protection of voluntarily submitted safety information— Information subject to protection from disclosure by the Administration in accordance with sections 40123 and 44735 of title 49, United States Code, is deemed voluntarily submitted to the Administration under such sections when shared with the review panel and retains its protection from disclosure (including protection under section 552(b)(3) of title 5, United States Code). The custodian of a record subject to such protection may mark such record as subject to statutory protections. A marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure. Members of the review panel will protect voluntarily submitted safety information and other otherwise exempt information to the extent permitted under applicable law.
Protection of proprietary information and trade secrets— Members of the review panel will protect proprietary information, trade secrets, and other otherwise exempt information to the extent permitted under applicable law.
Resolving classification of information— If the review panel and a holder of an organization designation authorization subject to review under this section disagree as to the proper classification of information described in this subparagraph, then an employee of the Administration who is not a political appointee shall determine the proper classification of such information and whether such information will be withheld, in part or in full, from release to the public.
Applicable law— Public Law 92–463 shall not apply to the panel established under this subsection.
Financial interest defined— In this paragraph, the term financial interest—
excludes securities held in an index fund; and
includes—
any current or contingent ownership, equity, or security interest;
an indebtedness or compensated employment relationship; or
any right to purchase or acquire any such interest, including a stock option or commodity future.
FAA authority—
In general— After reviewing the findings of the review panel submitted under subsection (a)(5), the Administrator may limit, suspend, or terminate an organization designation authorization subject to review under this section.
Reinstatement— The Administrator may condition reinstatement of a limited, suspended, or terminated organization designation authorization on the holder’s implementation of any corrective actions determined necessary by the Administrator.
Rule of construction— Nothing in this subsection shall be construed to limit the Administrator’s authority to take any action with respect to an organization designation authorization, including limitation, suspension, or termination of such authorization.
Organization designation authorization process improvements— Not later than 1 year after receipt of the recommendations submitted under subsection (a)(5), the Administrator shall report to the congressional committees of jurisdiction on—
whether the Administrator has concluded that such holder is able to safely and reliably perform all delegated functions in accordance with all applicable provisions of chapter 447 of title 49, United States Code, title 14, Code of Federal Regulations, and other orders or requirements of the Administrator, and, if not, the Administrator shall outline—
the risk mitigations or other corrective actions, including the implementation timelines of such mitigations or actions, the Administrator has established for or required of such holder as prerequisites for a conclusion by the Administrator under this paragraph; or
the status of any ongoing investigatory actions;
the status of implementation of each of the recommendations of the review panel, if any, with which the Administrator concurs;
the status of procedures under which the Administrator will conduct focused oversight 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
the Administrator’s efforts, to the maximum extent practicable and subject to appropriations, to increase the number of engineers, inspectors, and other qualified technical experts, as necessary to fulfill the requirements of this section, in—
each office of the Administration responsible for dedicated oversight of such holder; and
the System Oversight Division, or any successor division, of the Aircraft Certification Service.
Non-concurrence with recommendations— Not later than 6 months after receipt of the recommendations submitted under subsection (a)(5), with respect to each recommendation of the review panel with which the Administrator does not concur, if any, the Administrator shall publish on the website of the Administration and submit to the congressional committees of jurisdiction a detailed explanation as to why, including if the Administrator believes implementation of such recommendation would not improve aviation safety.
Sec. 104 Certification oversight staff
Authorization of appropriations— There is 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, chief scientific and technical advisors, software and cybersecurity experts, and other qualified technical experts who perform duties related to the certification of aircraft, aircraft engines, propellers, appliances, and new and emerging technologies, and perform other regulatory activities.
In general— Not later than 60 days after the date of enactment of this title, and without duplicating any recently completed or ongoing reviews, the Administrator shall initiate a review of—
the inspectors, human factors specialists, flight test pilots, engineers, managers, and executives in the FAA who are responsible for the certification of the design, manufacture, and operation of aircraft intended for air transportation for purposes of determining whether the FAA has the expertise and capability to adequately understand the safety implications of, and oversee the adoption of, new or innovative technologies, materials, and procedures used by designers and manufacturers of such aircraft; and
the Senior Technical Experts Program to determine whether the program should be enhanced or expanded to bolster and support the programs of the FAA’s Office of Aviation Safety, with particular focus placed on the Aircraft Certification Service and the Flight Standards Service (or any successor organizations), particularly with respect to understanding the safety implications of new or innovative technologies, materials, aircraft operations, and procedures used by designers and manufacturers of such aircraft.
Deadline for completion— Not later than 270 days after the date of enactment of this title, the Administrator shall complete the review required by subsection (b).
Briefing— Not later than 30 days after the completion of the review required by subsection (b), the Administrator shall brief the congressional committees of jurisdiction on the results of the review. The briefing shall include the following:
An analysis of the Administration’s ability to hire safety inspectors, human factors specialists, flight test pilots, engineers, managers, executives, scientists, and technical advisors, who have the requisite expertise to oversee new developments in aerospace design and manufacturing.
A plan for the Administration to improve the overall expertise of the FAA’s personnel who are responsible for the oversight of the design and manufacture of aircraft.
Consultation requirement— In completing the review under subsection (b), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers, human factors specialists, flight test pilots, and FAA aviation safety inspectors), and aerospace manufacturers.
Recruitment and retention—
Bargaining units— Not later than 30 days after the date of enactment of this title, the Administrator shall begin collaboration with the exclusive 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 recruitment of employees for, and to implement retention incentives for employees holding, positions with respect to the certification of aircraft, aircraft engines, propellers, and appliances. If the Administrator and such representatives 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 improve recruitment and implement retention incentives for employees described in subsection (a) who are covered under a collective bargaining agreement.
Other employees— Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this title, the Administrator shall initiate actions to improve recruitment of, and implement retention incentives for, any individual described in subsection (a) who is not covered under a collective bargaining agreement.
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 title.
Availability of appropriations— Any action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (a).
Sec. 105 Disclosure of safety critical information
Disclosure— Section 44704 of title 49, United States Code, is amended by striking subsection (e) and inserting the following:
“(e) Disclosure of safety critical information
“(1) In general—Notwithstanding a delegation described in section 44702(d), the Administrator shall require an applicant for, or holder of, a type certificate for a transport category airplane covered under part 25 of title 14, Code of Federal Regulations, to submit safety critical information with respect to such airplane to the Administrator in such form, manner, or time as the Administrator may require. Such safety critical information shall include—
“(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 airplane during flight or that otherwise changes the flight path or airspeed of an airplane;
“(B) the design and operational details, intended functions, failure modes, and mode annunciations of autopilot and autothrottle systems, if applicable;
“(C) any failure or operating condition that the applicant or holder anticipates or has concluded would result in an outcome with a severity level of hazardous or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity;
“(D) any adverse handling quality that fails to meet the requirements of applicable regulations without the addition of a software system to augment the flight controls of the airplane to produce compliant handling qualities; and
“(E) a system safety assessment with respect to a system described in subparagraph (A) or (B) or with respect to any component or other system for which failure or erroneous operation of such component or system could result in an outcome with a severity level of hazardous or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity.
“(2) Ongoing communications
“(A) Newly discovered information—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 require, any newly discovered information or design or analysis change that would materially alter any submission to the Administrator under paragraph (1).
“(B) System development changes—The Administrator shall establish multiple milestones throughout the certification process at which a proposed airplane 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 airplane flight manual and a flight crew operating manual (as appropriate or applicable) for an airplane contains a description of the operation of a system described in paragraph (1)(A) and flight crew procedures for responding to a failure 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 determining the amount of a civil penalty under subparagraph (A), the Administrator shall consider—
“(i) the nature, circumstances, extent, and gravity of the violation, including the length of time that such safety critical information 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 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).”
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 penalty; and
“(2) the opportunity for a hearing under subpart G of part 13 of title 14, Code of Federal Regulations.”
Required submission of outline of system changes at the beginning of the certification process—
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.
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.
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 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 supplemental 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 authorization unit members
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 Federal 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 individual 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 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 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 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 Administrator 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 Administrator 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 determination 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 Administrator considers appropriate. The Administrator shall develop procedures 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 subsection, the Administrator may authorize an ODA holder to conditionally designate an individual to perform the functions 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 Administrator’s satisfaction, systems and processes to ensure the integrity and reliability of determinations by conditionally-designated ODA unit members; and
“(B) the ODA holder has instituted a safety management system in accordance with regulations issued by the Administrator under section 102 of the Aircraft Certification, 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 procedures described in subsection (b).
“(4) Rejection and review—If the Administrator rejects the application submitted under subsection (b)(2) for an individual conditionally designated under paragraph (1), the Administrator shall review and approve or disapprove any decision pursuant to any authorized function performed by such individual during the period such individual served as a conditional 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 performing 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 subsection (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 Committee 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 individuals within the timeline required under subsection (b)(3);
“(B) for any individual rejected by the Administrator under subsection (b) during the preceding 90-day period, the reasoning or basis for such rejection; and
“(C) any resource, staffing, or other challenges within the Administration associated with implementation of this section.
“(g) 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 review of the qualifications of each individual who on the date on which such minimum qualifications are issued is an ODA unit member 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 individual who is determined by the Administrator not to meet such minimum qualifications pursuant to the review conducted under paragraph (1), the Administrator—
“(A) shall determine whether the lack of qualification may be remedied and, if so, provide such individual with an action plan or schedule for such individual to meet such qualifications; or
“(B) may, if the Administrator determines the lack of qualification may not be remedied, take appropriate action, including prohibiting such individual from performing an authorized function.
“(3) Deadline—The Administrator shall complete the review required under paragraph (1) not later than 18 months after the date on which such review was initiated.
“(4) Savings clause—An individual approved to become an ODA unit member of a holder of a type certificate for a transport airplane under subsection (a) shall not be subject to the review under this subsection.
“(h) Prohibition—The Administrator may not authorize an organization or ODA holder to approve an individual selected by an ODA holder to become an ODA unit member under this section.
“(i) Definitions
“(1) General applicability—The definitions contained in section 44736(c) shall apply to this section.
“(2) Transport airplane—The term “transport 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 derivative of such an airplane.
“(j) 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.
“44742. Interference with the duties of organization designation authorization unit members
“(a) In general—The Administrator of the Federal Aviation Administration shall continuously seek to eliminate or minimize interference by an ODA holder that affects the performance of authorized functions by ODA unit members.
“(b) Prohibition
“(1) In general—It shall be unlawful for any individual who is a supervisory employee of an ODA holder that manufactures a transport category airplane 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 constricting any other authority of the Administrator to pursue an enforcement action against an individual or organization for violation of applicable Federal laws or regulations of the Administration.
“(c) Reporting
“(1) Reports to ODA holder—An ODA unit member of an ODA holder that manufactures a transport category airplane shall promptly report any instances of interference to the office of the ODA holder that is designated to receive such reports.
“(2) Reports to the FAA
“(A) In general—The ODA holder office described in paragraph (1) shall investigate reports and submit to the office of the Administration designated by the Administrator to accept and review such reports any instances of interference reported under paragraph (1).
“(B) Contents—The Administrator shall prescribe parameters for the submission of reports to the Administration under this paragraph, including the manner, time, and form of submission. 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 action taken by the ODA holder as a result of the report of interference, and any other information or potentially mitigating factors the ODA holder or the Administrator deems appropriate.
“(d) Definitions
“(1) General applicability—The definitions contained in section 44736(c) shall apply to this section.
“(2) Interference—In this section, the term “interference” means—
“(A) blatant or egregious statements or behavior, such as harassment, beratement, or threats, that a reasonable person would conclude was intended to improperly influence or 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 members.”
ODA program enhancements—
In general— Section 44736 of title 49, United States Code, is amended by adding at the end the following:
“(d) Audits
“(1) In general—The Administrator shall perform a periodic audit of each ODA unit and its procedures.
“(2) Duration—An audit required under paragraph (1) shall be performed with respect to an ODA holder once every 7 years (or more frequently as determined appropriate by the Administrator).
“(3) Records—The ODA holder shall maintain, for a period to be determined by the Administrator, a record of—
“(A) each audit conducted under this subsection; and
“(B) any corrective actions resulting from each such audit.
“(e) Federal aviation safety advisors
“(1) In general—In the case of an ODA holder, the Administrator shall assign FAA aviation safety personnel with appropriate expertise to be advisors to the ODA unit members that are authorized to make findings of compliance on behalf of the Administrator. The advisors shall—
“(A) communicate with assigned unit members on an ongoing basis to ensure that the assigned unit members are knowledgeable of relevant FAA policies and acceptable methods of compliance; and
“(B) monitor the performance of the assigned unit members to ensure consistency with such policies.
“(2) Applicability—Paragraph (1) shall only apply to an ODA holder that is—
“(A) a manufacturer that holds both a type and a production certificate for—
“(i) transport category airplanes with a maximum takeoff gross weight greater than 150,000 pounds; or
“(ii) airplanes produced and delivered to operators operating under part 121 of title 14, Code of Federal Regulations, for air carrier service under such part 121; or
“(B) a manufacturer of engines for an airplane described in subparagraph (A).
“(f) Communication with the FAA—Neither the Administrator nor an ODA holder may prohibit—
“(1) an ODA unit member from communicating with, or seeking the advice of, the Administrator or FAA staff; or
“(2) the Administrator or FAA staff from communicating with an ODA unit member.”
Report— Not later than September 30, 2022, the Administrator shall submit to the congressional committees of jurisdiction a report on the implementation of subsections (d) and (e) of section 44736 of title 49, United States Code, as added by subsection (b).
in subsection (a)—
in paragraph (1)—
in subparagraph (A) by striking the semicolon and inserting “; and”;
by striking subparagraph (B);
in subparagraph (C) by striking “; and” and inserting a period;
by striking subparagraph (D); and
by redesignating subparagraph (C) as subparagraph (B); and
in paragraph (3) by striking “shall—” and all that follows through the end and inserting “shall conduct regular oversight activities by inspecting the ODA holder’s delegated functions and taking action based on validated inspection findings.”; and
in subsection (b)(3)—
in subparagraph (A)—
by striking clause (i) and redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively;
in clause (i) as redesignated by inserting “, as appropriate,” after “require”;
in clause (ii) as redesignated by inserting “, as appropriate,” after “require”; and
in clause (iii) as redesignated by inserting “when appropriate,” before “make a reassessment”;
by striking subparagraph (B);
in subparagraph (F) by inserting “, when appropriate,” before “approve”; and
by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (B), (C), (D), and (E), respectively.
Technical corrections—
Section 44737— Chapter 447 of title 49, United States Code, is further amended by redesignating the second section 44737 (as added by section 581 of the FAA Reauthorization Act of 2018) as section 44740.
Analysis— The analysis for chapter 447 of title 49, United States Code, is amended—
by striking the item relating to the second section 44737 (as added by section 581 of the FAA Reauthorization Act of 2018); and
by inserting after the item relating to section 44739 the following new items:
Special rule for certain aircraft operations— Section 44740 of title 49, United States Code (as redesignated by paragraph (1)), is amended—
in the heading by striking the period at the end;
in subsection (a)(1) by striking “chapter” and inserting “section”;
in subsection (b)(1) by striking “(1)” the second time it appears; and
in subsection (c)(2) by adding a period at the end.
Sec. 108 Integrated project teams
In general— Upon receipt of an application for a type certificate for a transport category airplane, the Administrator shall convene an interdisciplinary integrated project team responsible for coordinating review and providing advice and recommendations, as appropriate, to the Administrator on such application.
Membership— In convening an interdisciplinary integrated project team under subsection (a), the Administrator shall appoint employees of the Administration or other Federal agencies, such as the Air Force, Volpe National Transportation Systems Center, or the National Aeronautics and Space Administration (with the concurrence of the head of such other Federal agency), with specialized expertise and experience in the fields of engineering, systems design, human factors, and pilot training, including, at a minimum—
not less than 1 designee of the Associate Administrator for Aviation Safety whose duty station is in the Administration’s headquarters;
representatives of the Aircraft Certification Service of the Administration;
representatives of the Flight Standards Service of the Administration;
experts in the fields of human factors, aerodynamics, flight controls, software, and systems design; and
any other subject matter expert whom the Administrator determines appropriate.
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.
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 support and document the certification project, in the following areas associated with a new technology or novel design:
Initial review of design proposals proposed by the applicant and the establishment of the certification basis.
Identification of new technology, novel design, or safety critical design features or systems that are potentially catastrophic, either alone or in combination with another failure.
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.
Evaluation of the Administration’s expertise or experience necessary to support the project.
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.
Conduct of design reviews, procedure evaluations, and training evaluations.
Review of the applicant’s final design documentation and other data to evaluate compliance with all relevant Administration regulations.
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.
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.
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
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 dispute on the basis that such decision, finding, or act is erroneous or inconsistent with this chapter, regulations, or guidance materials promulgated by the Administrator, or other requirements.
“(B) Escalation—The order issued under subparagraph (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 management 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 Administration and the Associate Administrator for Aviation Safety.
“(C) Disposition
“(i) Written decision—The Associate Administrator for Aviation Safety shall issue a written decision that states the grounds for the decision of the Associate Administrator on—
“(I) each appeal submitted under subparagraph (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 Committee on Transportation and Infrastructure of the House of Representatives and the 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 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 communication, the covered official shall disclose such communication 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 communication, 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.
“(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 Executive Director of the Flight Standards Service.
“(vii) The Associate Administrator or Deputy Associate 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 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.”
Conforming amendment— Section 44704(a) of title 49, United States Code, is amended by striking paragraph (6).
Sec. 111 Employment restrictions
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.
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 Administration; or
“(ii) an employee of the Administration with responsibility for certification functions with respect 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
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 Administration in accordance with the training strategy developed pursuant to section 231 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3256);
“(2) to the maximum extent practicable, implement measures, 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, inspectors, 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 maximum 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 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 bargaining 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.”
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:
Sec. 113 Voluntary safety reporting program
In general— Not later than 1 year after the date of enactment 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 certification or oversight processes.
Safety reporting program requirements— In establishing the safety reporting program under subsection (a), the Administrator shall ensure the following:
The FAA maintains a reporting culture that encourages human factors specialists, engineers, flight test pilots, inspectors, and other appropriate FAA employees to voluntarily report safety concerns.
The safety reporting program is non-punitive, confidential, and protects employees from adverse employment actions related to their participation in the program.
The safety reporting program identifies exclusionary criteria for the program.
Collaborative development of the program with bargaining 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 collaboratively, the Administrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United States Code, regarding the development of the program).
Full and collaborative participation in the program by the bargaining representatives of employees described in paragraph (4).
The Administrator thoroughly reviews safety reports to determine whether there is a safety issue, including a hazard, defect, noncompliance, nonconformance, or process error.
The Administrator thoroughly reviews safety reports to determine whether any aircraft certification process contributed to the safety concern being raised.
The creation of a corrective action process in order to address safety issues that are identified through the program.
Outcomes— Results of safety report reviews under this section may be used to—
improve—
safety systems, hazard control, and risk reduction;
certification systems;
FAA oversight;
compliance and conformance; and
any other matter determined necessary by the Administrator; and
implement lessons learned.
Report filing— The Administrator shall establish requirements for when in the certification process reports may be filed to—
ensure that identified issues can be addressed in a timely manner; and
foster open dialogue between applicants and FAA employees throughout the certification process.
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.
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 incentives—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
In general— Not later than 2 years after the date of enactment of this title, the Administrator shall issue such regulations 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.
System safety assessments and other requirements— In developing regulations under subsection (a), the Administrator shall—
require an applicant for an amended type certificate for a transport airplane to—
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;
update such assessment to account for each subsequent proposed design change that the Administrator determines is significant;
provide appropriate employees of the Administration with the data and assumptions underlying each assessment and amended assessment; and
provide for document traceability and clarity of explanations for changes to aircraft type designs and system safety assessment certification documents; and
work with other civil aviation authorities representing states of design to ensure such regulations remain harmonized internationally.
Guidance— Guidance or an advisory circular issued under subsection (a) shall, at minimum—
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
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).
FAA review— Appropriate employees of the Aircraft Certification Service and the Flight Standards 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 subsection (b)(1)(C), to ensure that each such assessment sufficiently addresses the considerations listed in subsection (b)(1)(A).
Sec. 116 Flight crew alerting
In general— Not later than 1 year after the date of enactment 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).
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—
in the case of a transport airplane, such airplane 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 corrective actions and responding to systems failures; or
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).
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 recommendation A-19-10, is conducted in accordance with such recommendation.
Sec. 117 Changed product rule
Review and reevaluation of amended type certificates—
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.
Reevaluation of amended type certificates— In carrying out this subsection, the Administrator shall—
encourage Certification Management Team members to examine and address any relevant covered recommendations (as defined in section 121(c)) relating to the issuance of amended type certificates;
reevaluate existing assumptions and practices inherent in the amended type certificate process and assess whether such assumptions and practices are valid; and
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.
Amended type certificate report and rulemaking—
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.
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—
initiation of a rulemaking proceeding; and
development or revision of guidance and training materials.
Contents— In taking actions required under paragraph (2), the Administrator shall do the following:
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.
Define key terms used for the changed product process under sections 21.19 and 21.101 of title 14, Code of Federal Regulations.
Consider—
the findings and work of the Certification Management Team and other similar international harmonization efforts;
any relevant covered recommendations (as defined in section 121(c)); and
whether a fixed time beyond which a type certificate may not be amended would improve aviation safety.
Establish the extent to which the following design characteristics should preclude the issuance of an amended type certificate:
A new or revised flight control system.
Any substantial changes to aerodynamic 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.
A flight control system or augmented software to maintain aerodynamic stability in any portion of the flight envelope that was not required for a previously certified derivative.
A change in structural components (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 maneuvers or cabin pressurization.
A novel or unusual system, component, or other feature whose failure would present a hazardous or catastrophic risk.
Develop objective criteria for helping to determine what constitutes a substantial change and a significant change.
Implement mandatory aircraft-level reviews throughout the certification process to validate the certification basis and assumptions.
Require maintenance of relevant records of agreements between the FAA and an applicant that affect certification documentation and deliverables.
Ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14 of the Code of Federal Regulations, as in effect on the date of application for the change.
Guidance materials— The Administrator shall consider the following when developing orders and regulatory guidance, including advisory circulars, where appropriate:
Early FAA involvement and feedback paths in the aircraft certification process to ensure the FAA is aware of changes to design assumptions and product design impacting a changed product assessment.
Presentation to the FAA of new technology, novel design, or safety critical features or systems, initially and throughout the certification process, when development and certification prompt design or compliance method revision.
Examples of key terms used for the changed product process under sections 21.19 and 21.101 of title 14, Code of Federal Regulations.
Type certificate data sheet improvements to accurately state which regulations and amendment level the aircraft complies to and when compliance is limited to a subset of the aircraft.
Policies to guide applicants on proper visibility, clarity, and consistency of key design and compliance information that is submitted for certification, particularly with new design features.
The creation, validation, and implementation of analytical tools appropriate for the analysis of complex system for the FAA and applicants.
Early coordination processes with the FAA for the functional hazard assessments validation and preliminary system safety assessments review.
Training materials— The Administrator shall—
develop training materials for establishing the certification basis for changed aeronautical products pursuant to section 21.101 of title 14, Code of Federal Regulations, applications for a new type certificate pursuant to section 21.19 of such title, and the regulatory guidance developed as a result of the rulemaking conducted pursuant to paragraph (2); and
procedures for disseminating such materials to implementing personnel of the FAA, designees, and applicants.
Certification management team defined— In this section, the term Certification Management Team means the team framework under which the FAA, the European Aviation Safety Agency, the Transport Canada Civil Aviation, and the National Civil Aviation Agency of Brazil, manage the technical, policy, certification, manufacturing, export, and continued airworthiness issues common among the 4 authorities.
Deadline— The Administrator shall finalize the actions initiated under paragraph (2) not later than 3 years after the date of enactment of this title.
International leadership— The Administrator shall exercise leadership within the ICAO and among other civil aviation regulators representing states of aircraft design to advocate for the adoption of an amended changed product rule on a global basis, consistent with ICAO standards.
Sec. 118 Whistleblower protections
Section 42121 of title 49, United States Code, is amended—
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 a contractor, subcontractor, or supplier of such holder, may not discharge 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 employer) or cause to be provided to the employer or Federal Government information relating to any violation 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 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;
“(3) testified or is about to testify in such a proceeding; or
“(4) assisted or participated or is about to assist or participate in such a proceeding.”
by striking subsection (d) and inserting the following:
“(d) Nonapplicability to deliberate violations—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), deliberately causes a violation of any requirement relating to aviation safety under this subtitle or any other law of the United States.”
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 commercial operator; or
“(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 certificate issued under section 44704.”
Sec. 119 Domestic and international pilot training
In general— Chapter 447 of title 49, United States Code, as amended by section 107, 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 respect to a new transport airplane, the Administrator of the Federal Aviation Administration shall independently 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 representations—Before the Administrator has established applicable training requirements, an applicant for a new or amended type certificate for an airplane described in paragraph (1) may not, with respect to the scope, format, or magnitude of pilot training for such airplane—
“(A) make any assurance or other contractual commitment, whether verbal or in writing, to a potential purchaser of such airplane unless a clear and conspicuous disclaimer (as defined by the Administrator) is included regarding the status of training required for operation of such airplane; or
“(B) provide financial incentives (including rebates) to a potential purchaser of such airplane regarding the scope, format, or magnitude of pilot training for such airplane.
“(b) Pilot response time—Beginning on the day after the date on which regulations are issued under section 119(c)(6) of the Aircraft Certification, Safety, and Accountability 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 assumptions shall—
“(1) be based on test data, analysis, or other technical validation methods; and
“(2) account for generally accepted scientific consensus among experts in human factors regarding realistic pilot response time.
“(c) Definition—In this section, the term transport 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 derivative of such an airplane.”
Conforming amendment— The analysis for chapter 447 of title 49, United States Code, is further amended by adding at the end the following:
Expert safety review—
In general— Not later than 30 days after the date of enactment of this title, the Administrator shall initiate an expert safety review of assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and certification of such aircraft.
Contents— The expert safety review required under paragraph (1) shall include—
a review of Administration regulations, guidance, and directives related to pilot response assumptions relied upon by the FAA and manufacturers of transport category aircraft in the design and certification of such aircraft, and human factors and human system integration, particularly those related to pilot and aircraft interfaces;
a focused review of the assumptions relied on regarding the time for pilot responses to non-normal conditions in designing such aircraft’s systems and instrumentation, including responses to safety-significant failure conditions and failure scenarios that trigger multiple, and possibly conflicting, warnings and alerts;
a review of human factors assumptions with applicable operational data, human factors research and the input of human factors experts and FAA operational data, and as appropriate, recommendations for modifications to existing assumptions;
a review of revisions made to the airman certification standards for certificates over the last 4 years, including any possible effects on pilot competency in basic manual flying skills;
consideration of the global nature of the aviation marketplace, varying levels of pilot competency, and differences in pilot training programs worldwide;
a process for aviation stakeholders, including pilots, airlines, inspectors, engineers, test pilots, human factors experts, and other aviation safety experts, to provide and discuss any observations, feedback, and best practices;
a review of processes currently in place to ensure that when carrying out the certification of a new aircraft type, or an amended type, the cumulative effects that new technologies, and the interaction between new technologies and unchanged systems for an amended type certificate, may have on pilot interactions with aircraft systems are properly assessed through system safety assessments or otherwise; and
a review of processes currently in place to account for any necessary adjustments to system safety assessments, pilot procedures and training requirements, or design requirements when there are changes to the assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and certification of such aircraft.
Report and recommendations— Not later than 30 days after the conclusion of the expert safety review pursuant to paragraph (1), the Administrator shall submit to the congressional committees of jurisdiction a report on the results of the review, including 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 certification of transport category aircraft and tools or methods identified to better integrate human factors throughout the process for such certification.
International engagement— The Administrator shall notify other international regulators that certify transport category aircraft type designs of the expert panel report and encourage them to review the report and evaluate their regulations and processes in light of the recommendations included in the report.
Termination— The expert safety review shall end upon submission of the report required pursuant to paragraph (3).
Regulations— The Administrator shall issue or update such regulations as are necessary to implement the recommendations of the expert safety review that the Administrator determines are necessary to improve aviation safety.
Call to action on airman certification standards—
In general— Not later than 60 days after the date of enactment of this title, 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 identified.
Contents— The call to action safety review required under paragraph (1) shall include—
a review of Administration regulations, guidance, and directives related to the pilot certification standards, including the oversight of those processes;
a review of revisions made to the pilot certification standards for certificates over the last 5 years, including any possible effects on pilot competency in manual flying skills and effectively managing automation to improve safety; and
a process for aviation stakeholders, including aviation students, instructors, designated pilot examiners, pilots, airlines, labor, and aviation safety experts, to provide and discuss any observations, feedback, and best practices.
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 committees 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 automation, and actions the Administrator will take in response to the recommendations.
International pilot training—
In general— The Secretary of Transportation, the Administrator, and other appropriate officials of the Government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for—
monitoring and managing the behavior and performance of automated systems;
controlling the flightpath of aircraft without autoflight systems engaged;
effectively utilizing and managing autoflight systems, when appropriate;
effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate; and
recognizing and responding appropriately to non-normal conditions.
International leadership— The Secretary, the Administrator, and other appropriate officials of the Government shall exercise leadership under paragraph (1) by working with—
foreign counterparts of the Administrator in the ICAO and its subsidiary organizations;
other international organizations and fora; and
the private sector.
Considerations— In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the Government shall consider—
the latest information relating to human factors;
aircraft manufacturing trends, including those relating to increased automation in the cockpit;
the extent to which cockpit automation improves aviation safety and introduces novel risks;
the availability of opportunities for pilots to practice manual flying skills;
the need for consistency in maintaining and enhancing manual flying skills worldwide;
recommended practices of other countries that enhance manual flying skills and automation management; and
whether a need exists for initial and recurrent training standards for improve pilots’ proficiency in manual flight and in effective management of autoflight systems.
Congressional briefing— The Secretary, the Administrator, and other appropriate officials of the Government shall provide to the congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this subsection.
International aviation safety— Section 40104(b) of title 49, United States Code, is amended—
by striking “The Administrator shall” and inserting the following:
“(1) In general—The Administrator shall”
by adding at the end the following:
“(2) Bilateral and multilateral engagement; technical assistance—The Administrator shall—
“(A) in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Aviation Organization, on an ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through—
“(i) sharing of continued operational safety information;
“(ii) prioritization of pilot training deficiencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further bolstering the components of airmanship;
“(iii) encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations pertaining to flight crew training requirements; and
“(iv) prioritizing any other flight crew training areas that the Administrator believes will enhance all international aviation safety; and
“(B) seek to expand technical assistance provided by the Federal Aviation Administration in support of enhancing international aviation safety, including by—
“(i) promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis;
“(ii) promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities;
“(iii) minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem;
“(iv) supporting the sharing of safety information, best practices, risk assessments, and mitigations through established international aviation safety groups; and
“(v) providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to enhance international aviation safety.”
Authorization of appropriations— There is authorized to be appropriated to the Administrator, $2,000,000 for each of fiscal years 2021 through 2023, to carry out section 40104(b)(2) of title 49, United States Code (as added by paragraph (2)).
Assistance to foreign aviation authorities—
In general— Section 40113(e)(1) of title 49, United States Code, is amended by inserting “The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship.” after the first sentence.
Authorization of appropriations— Section 40113(e) of title 49, United States Code, is amended by adding at the end the following:
“(5) Authorization of appropriations—There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.”
Sense of congress regarding international pilot training standards—
Findings— Congress makes the following findings:
Increased reliance on automation in commercial aviation risks a degradation of pilot skills in flight path management using manual flight control.
Manual flight skills are essential for pilot confidence and competence.
During the 40th Assembly of ICAO, the United States, Canada, Peru, and Trinidad and Tobago presented a working paper titled, “Pilot Training Improvements to Address Automation Dependency”.
The working paper outlines recommendations for the Assembly to mitigate the consequences of automation dependency, including identifying competency requirements for flight path management using manual flight control and assessing the need for new or amended international standards or guidance.
Sense of congress— It is the sense of Congress that, as soon as practicable—
the recommendations included in the working paper titled “Pilot Training Improvements to Address Automation Dependency” offered by the United States at the 40th Assembly of ICAO should be made a priority by the Assembly; and
the United States should work with ICAO and other international aviation safety groups, further bolstering the components of airmanship.
Sec. 120 Nonconformity with approved type design
Section 44704(d) of title 49, United States Code, is amended by adding at the end the following:
“(3) Nonconformity with approved type design
“(A) In general—Consistent with the requirements of paragraph (1), a holder of a production certificate for an aircraft may not present a nonconforming aircraft, either directly or through the registered owner of such aircraft or a person described in paragraph (2), to the Administrator for issuance of an initial airworthiness certificate.
“(B) Civil penalty—Notwithstanding section 46301, a production certificate holder who knowingly violates subparagraph (A) shall be liable to the Administrator for a civil penalty of not more than $1,000,000 for each nonconforming aircraft.
“(C) Penalty considerations—In determining the amount of a civil penalty under subparagraph (B), the Administrator shall consider—
“(i) the nature, circumstances, extent, and gravity of the violation, including the length of time the nonconformity was known by the holder of a production certificate 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 concern.
“(D) Nonconforming aircraft defined—In this paragraph, the term nonconforming aircraft means an aircraft that does not conform to the approved type design for such aircraft type.”
Sec. 121 Implementation of recommendations
In general— Not later than 1 year after the date of enactment of this title, the Administrator shall submit a report to the congressional committees of jurisdiction on the status of the Administration’s implementation of covered recommendations.
Contents— The report required under subsection (a) shall contain, at a minimum—
a list and description of all covered recommendations;
a determination of whether the Administrator concurs, concurs in part, or does not concur with each covered recommendation;
an implementation plan and schedule for all covered recommendations the Administrator concurs or concurs in part with; and
for each covered recommendation with which the Administrator does not concur (in whole or in part), a detailed explanation as to why.
Covered recommendations defined— In this section, the term covered recommendations means recommendations made by the following entities in any review 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 action:
The National Transportation Safety Board.
The Joint Authorities Technical Review.
The inspector general of the Department of Transportation.
The Safety Oversight and Certification Advisory Committee, or any special committee thereof.
Any other entity the Administrator may designate.
Sec. 122 Oversight of FAA compliance program
In general— Not later than 180 days after the date of enactment of this title, the Administrator shall establish 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.
Compliance program oversight— The Executive Council established under this section shall—
monitor, collect, and analyze data on the use of the Compliance Program across program offices of the Administration, including data on enforcement actions and compliance actions pursued against regulated entities by such program offices;
conduct an evaluation of the Compliance Program, not less frequently than annually each calendar year through 2023, to assess the functioning and effectiveness of such program in meeting the stated goals and purpose of the program;
provide reports to the Administrator containing the results of any evaluation conducted under paragraph (2), including identifying in such report any nonconformities or deficiencies in the implementation of the program and compliance of regulated entities with safety standards of the Administration;
make recommendations to the Administrator on regulations, guidance, performance standards or metrics, or other controls that should be issued by the Administrator to improve the effectiveness of the Compliance Program in meeting the stated goals and purpose of the program and to ensure the highest levels of aviation safety; and
carry out any other oversight duties with respect to implementation of the Compliance Program and assigned by the Administrator.
Executive council—
Executive council membership— The Executive Council shall be comprised of representatives from each program office with regulatory responsibility as provided in Order 8000.373A.
Chairperson— The Executive Council shall be chaired by a person, who shall be appointed by the Administrator and shall report directly to the Administrator.
Independence— The Secretary of Transportation, the Administrator, or any officer or employee of the Administration may not prevent or prohibit the chair of the Executive Council from performing the activities described in this section or from reporting to Congress on such activities.
Duration— The Executive Council shall terminate on October 1, 2023.
Annual briefing— Each calendar year through 2023, the chair of the Executive Council shall provide a briefing to the congressional committees of jurisdiction on the effectiveness of the Administration’s Compliance 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 recommendations made by the office during the preceding calendar year.
Sec. 123 Settlement agreement
Sense of congress— It is the sense of Congress that the Administrator should fully exercise all rights and pursue all remedies available to the Administrator under any settlement agreement between the Administration and the holder of a type certificate and production certificate for transport airplanes executed on December 18, 2015, including a demand for full payment of any applicable civil penalties deferred under such agreement, if the Administrator concludes that such holder has not fully performed all obligations incurred under such agreement.
Congressional briefing— Not later than 60 days after the date of enactment of this title, and every 6 months thereafter until a certificate holder described in subsection (a) has fully performed all obligations incurred by such certificate holder under such settlement agreement, the Administrator shall brief the congressional committees of jurisdiction on action taken consistent with subsection (a).
Sec. 124 Human factors education program
Human factors education program—
In general— The Administrator shall develop a human factors education program that addresses the effects of modern flight deck systems, including automated systems, on human performance for transport airplanes and the approaches for better integration of human factors in aircraft design and certification.
Target audience— The human factors education program shall be integrated into the training protocols (as in existence as of the date of enactment of this title) for, and be routinely administered to, the following:
Appropriate employees within the Flight Standards Service.
Appropriate employees within the Aircraft Certification Service.
Other employees or authorized representatives determined to be necessary by the Administrator.
Transport airplane manufacturer information sharing— The Administrator shall—
require each transport airplane manufacturer to provide the Administrator with the information or findings necessary for flight crew to be trained on flight deck systems;
ensure the information or findings under paragraph (1) adequately includes consideration of human factors; and
ensure that each transport airplane manufacturer identifies any technical basis, justification or rationale for the information and findings under paragraph (1).
Sec. 125 Best practices for organization designation authorizations
In general— Section 213 of the FAA Reauthorization Act of 2018 (Public Law 115–254, 132 Stat. 3249) is amended—
by striking subsection (g);
by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;
by inserting after subsection (b), the following:
“(c) Best practices review—In addition to conducting the survey required under subsection (b), the Panel shall conduct a review of a sampling of ODA holders to identify and develop best practices. At a minimum, the best practices shall address preventing and deterring instances of undue pressure on or by an ODA unit member, within an ODA, or by an ODA holder, or failures to maintain independence between the FAA and an ODA holder or an ODA unit member. In carrying out such review, the Panel shall—
“(1) examine other government regulated industries to gather lessons learned, procedures, or processes that address undue pressure of employees, perceived regulatory coziness, or other failures to maintain independence;
“(2) identify ways to improve communications between an ODA Administrator, ODA unit members, and FAA engineers and inspectors, consistent with section 44736(g) of title 49, United States Code, in order to enable direct communication of technical concerns that arise during a certification project without fear of reprisal to the ODA Administrator or ODA unit member; and
“(3) examine FAA designee programs, including the assignment of FAA advisors to designees, to determine which components of the program may improve the FAA’s oversight of ODA units, ODA unit members, and the ODA program.”
in subsection (d) (as redesignated by paragraph (2))—
by striking paragraph (3) and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively;
in paragraph (4) (as redesignated by subparagraph (A)), by striking “and” at the end;
in paragraph (5) (as so redesignated), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(6) the results of the review conducted under subsection (c).”
by inserting after subsection (g) (as redesignated by paragraph (2)), the following:
“(h) Best practices adoption
“(1) In general—Not later than 180 days after the date on which the Administrator receives the report required under subsection (e), the Administrator shall establish best practices that are generally applicable to all ODA holders and require such practices to be incorporated, as appropriate, into each ODA holder’s approved procedures manual.
“(2) Notice and comment period—The Administrator shall publish the established best practices for public notice and comment for not fewer than 60 days prior to requiring the practices, as appropriate, be incorporated into each ODA holder’s approved procedures manual.
“(i) Sunset—The Panel shall terminate on the earlier of—
“(1) the date of submission of the report under subsection (e); or
“(2) the date that is 2 years after the date on which the Panel is first convened under subsection (a).”
Procedures manual— Section 44736(b)(3) of title 49, United States Code, as amended by subsection (c)(2)(D) of section 107), is further amended—
in subparagraph (D) (as redesignated by such subsection), by striking “and” after the semicolon at the end;
in subparagraph (E) (as so redesignated), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(F) ensure the ODA holders procedures manual contains procedures and policies based on best practices established by the Administrator.”
Sec. 126 Human factors research
Human factors— Not later than 180 days after the date of enactment of this title, the Administrator, in consultation with aircraft manufacturers, operators, and pilots, and in coordination with the head of such other Federal agency that the Administrator determines appropriate, shall develop research requirements to address the integration of human factors in the design and certification of aircraft that are intended for use in air transportation.
Requirements— In developing such research requirements, the Administrator shall—
establish goals for research in areas of study relevant to advancing technology, improving design engineering and certification practices, and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automated or complex flight deck systems in aircraft operations, including the development of tools to validate pilot recognition and response assumptions and diagnostic tools to improve the clarity of failure indications presented to pilots;
take into consideration and leverage any existing or planned research that is conducted by, or conducted in partnership with, the FAA; and
focus on—
preventing a recurrence of the types of accidents that have involved transport category airplanes designed and manufactured in the United States; and
increasingly complex aircraft systems and designs.
Implementation— In implementing the research requirements developed under this section, the Administrator shall work with appropriate organizations and authorities with expertise including, to the maximum extent practicable, the Center of Excellence for Technical Training and Human Performance and the Center of Excellence developed or expanded pursuant to section 127.
Authorization of appropriations— There is authorized to be appropriated to the Administrator $7,500,000 for each of fiscal years 2021 through 2023, out of funds made available under section 48102(a) of title 49, United States Code, to carry out this section.
Sec. 127 FAA Center of Excellence for automated systems and human factors in aircraft
In general— The Administrator shall develop or expand a Center of Excellence focused on automated systems and human factors in transport category aircraft.
Duties— The Center of Excellence shall, as appropriate—
facilitate collaboration among academia, the FAA, and the aircraft and airline industries, including aircraft, engine, and equipment manufacturers, air carriers, and representatives of the pilot community;
establish goals for research in areas of study relevant to advancing technology, improving engineering practices, and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automated or complex systems in commercial aircraft, including continuing education and training;
examine issues related to human system integration and flight crew and aircraft interfaces, including tools and methods to support the integration of human factors considerations into the aircraft design and certification process; and
review safety reports to identify potential human factors issues for research.
Avoiding duplication of work— In developing or expanding the Center of Excellence, the Administrator shall ensure the work of the Center of Excellence does not duplicate or overlap with the work of any other established center of excellence.
Member prioritization—
In general— The Administrator, when developing or expanding the Center of Excellence, shall prioritize the inclusion of subject-matter experts whose professional experience enables them to be objective and impartial in their contributions to the greatest extent possible.
Representation— The Administrator shall require that the membership of the Center of Excellence reflect a balanced viewpoint across broad disciplines in the aviation industry.
Disclosure— Any member of the Center of Excellence who is a Boeing Company or FAA employee who participated in the certification of the Maneuvering Characteristics Augmentation System for the 737 MAX-8 airplane must disclose such involvement to the FAA prior to performing any work on behalf of the FAA.
Transparency— In developing or expanding the Center of Excellence, the Administrator shall develop procedures to facilitate transparency and appropriate maintenance of records to the maximum extent practicable.
Coordination— Nothing in this section shall preclude coordination and collaboration between the Center of Excellence developed or expanded under this section and any other established center of excellence.
Authorization of appropriations— There is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2021 through 2023, out of funds made available under section 48102(a) of title 49, United States Code, to carry out this section. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.
Sec. 128 Pilot operational evaluations
Pilot operational evaluations— Not later than 1 year after the date of enactment of this title, the Administrator shall revise existing policies for manufacturers of transport airplanes to ensure that pilot operational evaluations for airplane types that are submitted for certification utilize pilots from air carriers that are expected to operate such airplanes.
Requirement— Such manufacturer shall ensure, to the satisfaction of the Administrator, that the air carrier and foreign air carrier pilots used for such evaluations include pilots of varying levels of experience.
Sec. 129 Ensuring appropriate responsibility of aircraft certification and flight standards performance objectives and metrics
Repeals— Sections 211 and 221 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) are repealed.
Conforming repeals— Paragraphs (8) and (9) of section 202(c) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) are repealed.
Sec. 130 Transport airplane risk assessment methodology
Deadlines—
Agreement— Not later than 15 days after the date of enactment of this title, the Administrator shall enter into an agreement with the National Academies of Sciences to develop a report regarding the methodology and effectiveness of the Transport Airplane Risk Assessment Methodology (TARAM) process used by the FAA.
Report— Not later than 180 days after the date of enactment of this title, the National Academies of Sciences shall deliver such report to the congressional committees of jurisdiction.
Elements— The report under subsection (a) shall include the following elements:
An assessment of the TARAM analysis process.
An assessment of the effectiveness of the TARAM for the purposes of improving aviation safety.
Recommendations to improve the methodology and effectiveness of the TARAM as an element of aviation safety.
Required notice— The Administrator shall provide notice to the congressional committees of jurisdiction on the findings and recommendations of a TARAM conducted following a transport airplane accident—
in which a loss of life occurred; and
for which the Administrator determines that the issuance of an airworthiness directive will likely be necessary to correct an unsafe condition associated with the design of the relevant aircraft type.
Sec. 131 National air grant fellowship program
Program—
Program maintenance— The Administrator shall maintain within the FAA a program to be known as the “National Air Grant Fellowship Program”.
Program elements— The National Air Grant Fellowship Program shall provide support for the fellowship program under subsection (b).
Responsibilities of administrator—
Guidelines— The Administrator shall establish guidelines related to the activities and responsibilities of air grant fellowships under subsection (b).
Qualifications— The Administrator shall by regulation prescribe the qualifications required for designation of air grant fellowships under subsection (b).
Authority— In order to carry out the provisions of this section, the Administrator may—
appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with civil service laws;
make appointments with respect to temporary and intermittent services to the extent authorized by section 3109 of title 5, United States Code;
enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States Code;
notwithstanding section 1342 of title 31, United States Code, accept donations and voluntary and uncompensated services;
accept funds from other Federal departments and agencies, including agencies within the FAA, to pay for and add to activities authorized by this section; and
promulgate such rules and regulations as may be necessary and appropriate.
Director of national air grant fellowship program—
In general— The Administrator shall appoint, as the Director of the National Air Grant Fellowship Program, a qualified individual who has appropriate administrative experience and knowledge or expertise in fields related to aerospace. The Director shall be appointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate payable under section 5376 of title 5, United States Code.
Duties— Subject to the supervision of the Administrator, the Director shall administer the National Air Grant Fellowship Program. In addition to any other duty prescribed by law or assigned by the Administrator, the Director shall—
cooperate with institutions of higher education that offer degrees in fields related to aerospace;
encourage the participation of graduate and post-graduate students in the National Air Grant Fellowship Program; and
cooperate and coordinate with other Federal activities in fields related to aerospace.
Fellowships—
In general— The Administrator shall support a program of fellowships for qualified individuals at the graduate and post-graduate level. The fellowships shall be in fields related to aerospace and awarded pursuant to guidelines established by the Administrator. The Administrator shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this paragraph.
Aerospace policy fellowship—
In general— The Administrator shall award aerospace policy fellowships to support the placement of individuals at the graduate level of education in fields related to aerospace in positions with—
the executive branch of the United States Government; and
the legislative branch of the United States Government.
Placement priorities for legislative fellowships—
In general— In considering the placement of individuals receiving a fellowship for a legislative branch position under subparagraph (A)(ii), the Administrator shall give priority to placement of such individuals in the following:
Positions in offices of, or with Members on, committees of Congress that have jurisdiction over the FAA.
Positions in offices of Members of Congress that have a demonstrated interest in aerospace policy.
Equitable distribution— In placing fellows in positions described under clause (i), the Administrator shall ensure that placements are equally distributed among the political parties.
Duration— A fellowship awarded under this paragraph shall be for a period of not more than 1 year.
Restriction on use of funds— Amounts available for fellowships under this subsection, including amounts accepted under subsection (a)(3)(C)(v) or appropriated under subsection (d) to carry out this subsection, shall be used only for award of such fellowships and administrative costs of implementing this subsection.
Interagency cooperation— Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to aerospace—
may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility that the Administrator deems necessary to carry out any provision of this section;
shall, upon a written request from the Administrator, furnish any available data or other information that the Administrator deems necessary to carry out any provision of this section; and
shall cooperate with the FAA and duly authorized officials thereof.
Authorization of appropriations— There is authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2021 through 2025 to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended.
Definitions— In this section:
Director— The term Director means the Director of the National Air Grant Fellowship Program, appointed pursuant to subsection (a)(4).
Fields related to aerospace— The term fields related to aerospace means any discipline or field that is concerned with, or likely to improve, the development, assessment, operation, safety, or repair of aircraft and other airborne objects and systems, including the following:
Aerospace engineering.
Aerospace physiology.
Aeronautical engineering.
Airworthiness engineering.
Electrical engineering.
Human factors.
Software engineering.
Systems engineering.
Sec. 132 Emerging safety trends in aviation
General— Not later than 180 days after the date of enactment of this title, the Administrator shall enter into an agreement with the Transportation Research Board for the purposes of developing an annual report identifying, categorizing, and analyzing emerging safety trends in air transportation.
Factors— The emerging safety trends report should be based on the following data:
The National Transportation Safety Board’s investigation of accidents under section 1132 of title 49, United States Code.
The Administrator’s investigations of accidents and incidents under section 40113 of title 49, United States Code.
Information provided by air operators pursuant to safety management systems.
International investigations of accidents and incidents, including reports, data, and information from foreign authorities and ICAO.
Other sources deemed appropriate for establishing emerging safety trends in the aviation sector, including the FAA’s annual safety culture assessment required under subsection (c).
Safety culture assessment— The Administrator shall conduct an annual safety culture assessment through fiscal year 2031, which shall include surveying all employees in the FAA’s Aviation Safety organization (AVS) to determine the employees’ collective opinion regarding, and to assess the health of, AVS’ safety culture and implementation of any voluntary safety reporting program.
Existing reporting systems— The Executive Director of the Transportation Research Board, in consultation with the Secretary of Transportation and Administrator, may take into account and, as necessary, harmonize data and sources from existing reporting systems within the Department of Transportation and FAA.
Biennial report to congress— One year after the Administrator enters into the agreement with the Transportation Research Board as set forth in subsection (a), and biennially thereafter through fiscal year 2031, the Executive Director, in consultation with the Secretary and Administrator, shall submit to the congressional committees of jurisdiction a report identifying the emerging safety trends in air transportation.
Sec. 133 FAA accountability enhancement
Enhancement of the Aviation Safety Whistleblower Investigation Office in the Federal Aviation Administration—
Renaming of the office—
In general— Section 106(t)(1) of title 49, United States Code, is amended by striking “an Aviation Safety Whistleblower Investigation Office” and inserting “the Office of Whistleblower Protection and Aviation Safety Investigations”.
Conforming amendment— The heading of subsection (t) of section 106 of title 49, United States Code, is amended by striking “Aviation Safety Whistleblower Investigation Office” and inserting “Office of Whistleblower Protection and Aviation Safety Investigations”.
Duties—
In general— Section 106(t)(3)(A) of title 49, United States Code, is amended—
in clause (i), by striking “(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process)” and inserting “(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system)”;
in clause (ii), by striking “and” at the end;
in clause (iii), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(iv) receive allegations of whistleblower retaliation by employees of the Agency;
“(v) coordinate with and provide all necessary assistance to the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, and the Office of Special Counsel on investigations relating to whistleblower retaliation by employees of the Agency; and
“(vi) investigate allegations of whistleblower retaliation by employees of the Agency that have been delegated to the Office by the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, or the Office of Special Counsel.”
Limitation— Section 106(t)(2) of title 49, United States Code, is amended by adding at the end the following:
“(E) Limitation of duties—The Director may only perform duties of the Director described in paragraph (3)(A).”
Conforming amendments— Section 106(t)(7) of title 49, United States Code, is amended—
in the matter preceding subparagraph (A), by striking “October 1” and inserting “November 15”; and
in subparagraph (A), by striking “paragraph (3)(A)(i) in the preceding 12-month period” and inserting “paragraph (3)(A)(i) in the preceding fiscal year”.
Report— Section 106(t)(7) of title 49, United States Code, as amended by paragraph (2)(C), is further amended—
in subparagraph (C)—
by inserting “the resolution of those submissions, including any” before “further”; and
by striking “and” after the semicolon;
in subparagraph (D) by striking “recommendations.” and inserting “recommendations; and”; and
by adding at the end the following:
“(E) A summary of the activities of the Whistleblower Ombudsman, including—
“(i) the number of employee consultations conducted by the Whistleblower Ombudsman in the preceding 12-month period and a summary of such consultations and their resolution (in a de-identified or anonymized form); and
“(ii) the number of reported incidents of retaliation during such period and, if applicable, a description of the disposition of such incidents during such period.”
Whistleblower Ombudsman— Section 106(t) of title 49, United States Code, is further amended by adding at the end the following:
“(8) Whistleblower ombudsman
“(A) In general—Within the Office, there shall be established the position of Whistleblower Ombudsman.
“(B) Ombudsman qualifications—The individual selected as Ombudsman shall have knowledge of Federal labor law and demonstrated government experience in human resource management, and conflict resolution.
“(C) Duties—The Ombudsman shall carry out the following duties:
“(i) Educate Administration employees about prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions.
“(ii) Serve as an independent confidential resource for Administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances, as appropriate.
“(iii) Coordinate with Human Resource Management, the Office of Accountability and Whistleblower Protection, the Office of Professional Responsibility, and the Office of the Chief Counsel, as necessary.
“(iv) Coordinate with the Office of the Inspector General of the Department of Transportation’s Whistleblower Protection Coordinator and the Office of the Special Counsel, as necessary.
“(v) Conduct outreach and assist in the development of training within the Agency to mitigate the potential for retaliation and promote timely and appropriate processing of any protected disclosure or allegation of materially adverse acts of retaliation.”
Office of investigations and professional responsibility— The Administrator shall take such action as may be necessary to redesignate the Office of Investigations of the Administration as the Office of Investigations and Professional Responsibility.
Misconduct investigations—
In general— The Administrator shall review and revise the Administration’s existing investigative policies that govern the investigation of misconduct by a manager of the Administration conducted by the FAA (in this subsection referred to as the “Agency”).
Preservation of collective bargaining agreements— The investigative policy established under paragraph (1) shall not apply to, or in the future, be extended by the Administrator to apply to, any employee who is not a manager or is covered by or eligible to be covered by a collective bargaining agreement entered into by the Agency.
Requirements— In revising the investigative policies, the Administrator shall ensure such policies require—
the utilization of investigative best practices to ensure independent and objective investigation and accurate recording and reporting of such investigation;
the management of case files to ensure the integrity of the information contained in such case files;
interviews be conducted in a manner that ensures, to the greatest extent possible, truthful answers and accurate records of such interviews;
coordination with the Office of the Inspector General of the Department of Transportation, the Office of the Special Counsel, and the Attorney General, as appropriate; and
the completion of investigations in a timely manner.
Definition— For purposes of this subsection, the term manager means an employee of the Agency who is a supervisor or management official, as defined in section 7103(a) of title 5, United States Code.
Sec. 134 Authorization of appropriations for the advanced materials center of excellence
Section 44518 of title 49, United States Code, is amended by adding at the end the following:
“(c) Authorization of appropriations—Out of amounts appropriated under section 48102(a), the Administrator may expend not more than $10,000,000 for each of fiscal years 2021 through 2023 to carry out this section. Amounts appropriated under the preceding sentence for each fiscal year shall remain available until expended.”
Sec. 135 Promoting Aviation Regulations for Technical Training
New regulations required—
Interim final regulations— Not later than 90 days after the date of enactment of this section, the Administrator shall issue interim final regulations to establish requirements for issuing aviation maintenance technician school certificates and associated ratings and the general operating rules for the holders of those certificates and ratings in accordance with the requirements of this section.
Repeal of current regulations— Upon the effective date of the interim final regulations required under paragraph (1), part 147 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this title) and any regulations issued under section 624 of the FAA Reauthorization Act of 2018 (Public Law 115–254) shall have no force or effect on or after the effective date of such interim final regulations.
Aviation maintenance technician school certification required— No person may operate an aviation maintenance technician school without, or in violation of, an aviation maintenance technician school certificate and the operations specifications issued under the interim final regulations required under subsection (a)(1), the requirements of this section, or in a manner that is inconsistent with information in the school’s operations specifications under subsection (c)(5).
Certificate and operations specifications requirements—
Application requirements—
In general— An application for a certificate or rating to operate an aviation maintenance technician school shall include the following:
A description of the facilities, including the physical address of the certificate holder’s primary location for operation of the school, any additional fixed locations where training will be provided, and the equipment and materials to be used at each location.
A description of the manner in which the school’s curriculum will ensure the student has the knowledge and skills necessary for attaining a mechanic certificate and associated ratings under subpart D of part 65 of title 14, Code of Federal Regulations (or any successor regulation).
A description of the manner in which the school will ensure it provides the necessary qualified instructors to meet the requirements of subsection (d)(4).
Documented in the school’s operations specifications— Upon issuance of the school’s certificate or rating, the information required under subparagraph (A) shall be documented in the school’s operations specifications.
Change applications—
In general— An application for an additional rating or amended certificate shall include only the information necessary to substantiate the reason for the requested additional rating or change.
Approved changes— Any approved changes shall be documented in the school’s operations specifications.
Duration— An aviation maintenance technician school certificate or rating issued under the interim final regulations required under subsection (a)(1) shall be effective from the date of issue until the certificate or rating is surrendered, suspended, or revoked.
Certificate ratings— An aviation maintenance technician school certificate issued under the interim final regulations required under subsection (a)(1) shall specify which of the following ratings are held by the aviation maintenance technician school:
Airframe.
Powerplant.
Airframe and Powerplant.
Operations specifications— A certificated aviation maintenance technician school shall operate in accordance with operations specifications that include the following:
The certificate holder's name.
The certificate holder's air agency certificate number.
The name and contact information of the certificate holder's primary point of contact.
The physical address of the certificate holder's primary location, as provided under paragraph (1)(A).
The physical address of any additional location of the certificate holder, as provided under subsection (d)(2).
The ratings held, as provided under paragraph (4).
Any regulatory exemption granted to the school by the Administrator.
Operations requirements—
Facilities, equipment, and material requirements— Each certificated aviation maintenance technician school shall provide and maintain the facilities, equipment, and materials that are appropriate to the 1 or more ratings held by the school and the number of students taught.
Training provided at another location— A certificated aviation maintenance technician school may provide training at any additional location that meets the requirements of the interim final regulations required under subsection (a)(1) and is listed in the certificate holder’s operations specifications.
Training requirements— Each certificated aviation maintenance technician school shall—
establish, maintain, and utilize a curriculum designed to continually align with mechanic airman certification standards as appropriate for the ratings held;
provide training of a quality that meets the requirements of subsection (f)(1); and
ensure students have the knowledge and skills necessary to be eligible to test for a mechanic certificate and associated ratings under subpart D of part 65 of title 14, Code of Federal Regulations (or any successor regulation).
Instructor requirements— Each certificated aviation maintenance technician school shall—
provide qualified instructors to teach in a manner that ensures positive educational outcomes are achieved;
ensure instructors hold a mechanic certificate with 1 or more appropriate ratings (or, with respect to instructors who are not certified mechanics, ensure instructors are otherwise specifically qualified to teach their assigned content); and
ensure the student-to-instructor ratio does not exceed 25:1 for any shop class.
Certificate of completion— Each certificated aviation maintenance technician school shall provide authenticated documentation to each graduating student, indicating the student's date of graduation and curriculum completed, as described in paragraph (3)(A).
Quality control system—
Accreditation— Each aviation maintenance technician school shall—
be accredited as meeting the definition of an institution of higher education provided for in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or
establish and maintain a quality control system that meets the requirements specified in paragraph (2) and is approved by the Administrator.
FAA-approved system requirements— In the case of an aviation maintenance technician school that is not accredited as set forth in paragraph (1), the Administrator shall approve a quality control system that provides procedures for recordkeeping, assessment, issuing credit, issuing of final course grades, attendance, ensuring sufficient number of instructors, granting of graduation documentation, and corrective action for addressing deficiencies.
Additional requirements—
Minimum passage rate— A certificated aviation maintenance technician school shall maintain a pass rate of at least 70 percent of students who took a written, oral, or practical (or any combination thereof) FAA mechanic tests within 60 days of graduation for the most recent 3-year period .
FAA inspection— A certificated aviation maintenance technician school shall allow the Administrator such access as the Administrator determines necessary to inspect the 1 or more locations of the school for purposes of determining the school's compliance with the interim final regulations required under subsection (a)(1), the procedures and information outlined in the school’s operations specifications according to subsection (c)(5), and the aviation maintenance technician school certificate issued for the school.
Display of certificate— A certificated aviation maintenance technician school shall display its aviation maintenance technician school certificate at a location in the school that is visible by and normally accessible to the public.
Early testing— A certificated aviation maintenance technician school may issue authenticated documentation demonstrating a student’s satisfactory progress, completion of corresponding portions of the curriculum, and preparedness to take the aviation mechanic written general knowledge test, even if the student has not met the experience requirements of section 65.77 of title 14, Code of Federal Regulations (or any successor regulation). Any such documentation shall specify the curriculum the student completed and the completion date.
Sec. 136 Independent study on type certification reform
Report and deadlines— Not later than 30 days after the date of enactment of this title, the Administrator shall enter into an agreement with an appropriate Federally-funded research and development center to review, develop, and submit a report to the Administrator in accordance with the requirements and elements set forth in this section.
Elements— The review and report under subsection (a) shall set forth analyses, assessments, and recommendations addressing the following elements for transport category airplanes:
Whether or not aviation safety would improve as the result of institution of a fixed time beyond which a type certificate may not be amended.
Requiring the Administrator, when issuing an amended or supplemental type certificate for a design that does not comply with the latest amendments to the applicable airworthiness standards, to document any exception from the latest amendment to an applicable regulation, issue an exemption in accordance with section 44701 of title 14, United States Code, or make a finding of an equivalent level of safety in accordance with section 21.21(a)(1) of title 14, Code of Federal Regulations.
Safety benefits and costs for certification of transport category airplanes resulting from the implementation of paragraphs (1) and (2).
Effects on the development and introduction of advancements in new safety enhancing design and technologies, and continued operation and operational safety support of products in service in the United States and worldwide, resulting from the implementation of paragraphs (1) and (2).
Investigations and reports— The review and report under subsection (a) shall take into consideration investigations, reports, and assessments regarding the Boeing 737 MAX, including but not limited to investigations, reports, and assessments by the Joint Authorities Technical Review, the National Transportation Safety Board, the Department of Transportation Office of the Inspector General, the Department of Transportation Special Committee, the congressional committees of jurisdiction and other congressional committees, and foreign authorities. The review and report under subsection (a) also shall consider the impact of changes made by this title and the amendments made by this title.
Report to congress— Not later than 270 days after the report developed under subsection (a) is submitted to the Administrator, the Administrator shall submit a report to the congressional committees of jurisdiction regarding the FAA’s response to the findings and recommendations of the report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation
Sec. 137 Definitions
In this title:
Administration; FAA— The terms “Administration” and “FAA” mean the Federal Aviation Administration.
Administrator— The term “Administrator” means the Administrator of the FAA.
Congressional committees of jurisdiction— The term “congressional committees of jurisdiction” means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
ICAO— The term ICAO means the International Civil Aviation Organization.
Organization designation authorization— The term “organization designation authorization” has the same meaning given such term in section 44736(c) of title 49, United States Code.
Transport airplane— The term “transport 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 derivative of such an airplane.
Type certificate— The term “type certificate”—
means a type certificate issued pursuant to section 44704(a) of title 49, United States Code, or an amendment to such certificate; and
does not include a supplemental type certificate issued under section 44704(b) of such section.