H.R. 8408 — what changed
Aircraft Certification Reform and Accountability Act
From Reported in House to Engrossed in House. 1 section amended between Reported in House and Engrossed in House.
Sec. 8 Oversight of organization designation authorization unit members
In general— Chapter 447 of title 49, United States Code, as amended by this Act, is amended by adding at the end the following:
“44741. Approval of organization designation authorization unit members
“(a) In general—Beginning on the date that is 1 year after the date of enactment of the Aircraft Certification Reform and Accountability Act, each individual who is selected on or after such date to become a member of an ODA unit by an ODA holder engaged in the design of an aircraft, aircraft engine, propeller, or appliance and performs an authorized function pursuant to a delegation by the Administrator of the Federal Aviation Administration under section 44702(d)—
“(1) shall be an employee, a contractor, or the employee of a supplier of the ODA holder; and
“(2) may not become a member of such unit unless approved by the Administrator pursuant to this section.
“(b) Process and timeline
“(1) In general—The Administrator shall maintain an efficient process for the review and approval of an individual to become a member of an ODA unit under this section.
“(2) Process—An ODA holder described in subsection (a) may submit to the Administrator an application for an individual to be approved to become a member of an ODA unit 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 a member of an ODA unit under this section, the Administrator shall provide such individual a letter confirming that such individual has been approved by the Administrator under this section to be an ODA unit member.
“(5) Reapplication—An ODA holder may submit an application under this subsection for an individual to become a member of an ODA unit under this section regardless of whether an 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 a member of an ODA unit 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 a member of an ODA unit 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 a member of an ODA unit 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) 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 the Aircraft Certification Reform and Accountability Act, and every 90 days thereafter through September 30, 2023, the Administrator shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a briefing on the implementation and effects of this section, including—
“(A) the Administration’s performance in completing reviews of individuals and approving or denying such individuals within the timeline required under subsection (b)(3);
“(B) for any individual rejected by the 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.
“(f) Special review of qualifications
“(1) In general—Not later than 30 days after the issuance of minimum qualifications under subsection (c), the Administrator shall initiate a review of the qualifications of each individual who on the date on which such minimum qualifications are issued is a member of an ODA unit of a holder of a type certificate for a transport airplane to ensure such individual meets the minimum qualifications issued by the Administrator under subsection (c).
“(2) Unqualified individual—For any 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
“(A) The Administrator shall complete the review required under paragraph (1) not later than 18 months after the date on which such review was initiated.
“(B) If the Administrator fails to complete the review in compliance with subparagraph (A), the Secretary of Transportation shall assume the responsibility for completing the review.
“(C) The Secretary’s completion of the review under subparagraph (B)—
“(i) may not be delegated to the Administration; and
“(ii) shall be completed within 120 days of the date the Secretary’s assumption of responsibility following the Administrator’s failure to complete the review in compliance with subparagraph (A).
“(4) Savings clause—An individual approved to become a member of an ODA unit of a holder of a type certificate for a transport airplane under subsection (a) shall not be subject to the review under this subsection.
“(g) 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.
“(h) Definitions
“(1) General applicability—The definitions contained in section 44736 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.
“(i) Authorization of appropriations—There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through 2023.
“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 members of an ODA unit.
“(b) Prohibition
“(1) In general—It shall be unlawful for any individual who is employed by an ODA holder to commit an act of interference with an ODA unit member’s performance of authorized functions.
“(2) Civil penalty
“(A) Individuals—An individual shall be subject to a civil penalty under section 46301(a)(1) for each violation under paragraph (1).
“(B) Savings clause—Nothing in this paragraph shall be construed as limiting or 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—A member of an ODA unit shall promptly report any instances of interference experienced or witnessed by such member 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 submit to the office of the Administration designated by the Administrator to accept and review such reports any credible instances of interference reported under paragraph (1).
“(B) Contents—A report to the Administration under this paragraph shall be submitted in a manner, at a time, and in a form prescribed by the Administrator. Such report shall include the results of any investigation conducted by the ODA holder in response to a report of interference, a description of any 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.
“(C) Use of report—The Administrator may use the information submitted in a report under this paragraph, including the actions taken by an ODA holder in response to a report under paragraph (1), in determining whether to issue a civil penalty pursuant to subsection (b) or whether such civil penalty should be subject to a setoff or compromised.
“(3) Rule of construction—Nothing in this subsection shall be construed to preclude a member of an ODA unit from reporting an instance of interference reported under paragraph (1) directly to the Administration. Each ODA holder shall provide notice to each member of such holder’s ODA unit stating that such individual may report an instance of interference reported under paragraph (1) directly to the Administration.
“(d) Definitions
“(1) General applicability—The definitions contained in section 44736 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.”
Lateral communications—
Contact with administration— The Administrator shall ensure that employees of the Administration with responsibility for aircraft certification functions may directly contact non-managerial employees of an aircraft manufacturer for consultation regarding the certification of aircraft design, production, and other matters.
Prohibition— It shall be a violation of section 44736(a)(2)(C) of title 49, United States Code, for a manufacturer to prohibit employees from contacting any employee of the Administration or otherwise impose any condition, restriction, or penalty (including by requiring prior notice to or the approval of any supervisor or manager) with respect to such contact, except that such manufacturer may institute reasonable, company-wide policies requiring documentation of communications regarding aircraft design or production between the manufacturer’s employees and Administration employees.
ODA program enhancements— Section 44736 of title 49, United States Code, is further amended—
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);
removed
in subparagraph (D) by striking the semicolon and inserting “; and”;
removed
in subparagraph (E) by striking “; and” and inserting a period;
renumbered
was (4)(4)(6)
in subparagraph (F) by inserting “, when appropriate,” before “approve”; and
renumbered
was (4)(4)(7)
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:
changed
Special rule for certain aircraft operations— Section 44740 of title 49, United States Code (as redesignated by subsection (a)), 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.