[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3337 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3337
To amend title 49, United States Code, to require more accountability
in the airline industry, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2020
Mr. Blumenthal (for himself, Mr. Markey, and Mr. Udall) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to require more accountability
in the airline industry, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Restoring Aviation
Accountability Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; definition.
Sec. 2. Compensation and bonus accountability.
Sec. 3. Independent aircraft type certificate review panel.
Sec. 4. Increased and targeted oversight of organization designation
authorizations.
Sec. 5. Domestic and international aircraft sales.
Sec. 6. Whistleblower incentives and protections.
Sec. 7. Additional requirements for organization designation
authorizations.
Sec. 8. Preserving FAA control of delegation oversight authority.
Sec. 9. Operational suitability of the design.
Sec. 10. Flight simulator training.
Sec. 11. Commission on improving the Organization Designation
Authorization program.
Sec. 12. Implementation of recommendations of the Boeing 737 MAX Flight
Control System Joint Authorities Technical
Review (JATR).
(c) Definition.--In this Act, the term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
SEC. 2. COMPENSATION AND BONUS ACCOUNTABILITY.
(a) FAA Appointees, Executives, and Senior Professionals.--Section
40122(c) of title 49, United States Code, is amended--
(1) in the subsection heading, by striking ``Restriction''
and inserting ``restrictions'';
(2) by striking ``No officer'' and inserting the following:
``(1) In general.--No officer''; and
(3) by adding at the end the following:
``(2) Executive compensation.--Not later than 180 days
after the date of enactment of this paragraph, the
Administrator shall revise the Executive Compensation Plan to
ensure that no pay, bonus, or other compensation for an officer
or employee of the Administration subject to such Plan is
contingent on delivery of airplanes, the number of aircraft
certified, or the number of audits completed.''.
(b) ODA Unit Members.--Section 44736(a) of title 49, United States
Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (3)'' and inserting ``paragraphs
(3) and (4)''; and
(2) by adding at the end the following:
``(4) ODA unit performance standards.--The procedures
manual for any ODA holder, whether approved by the
Administrator before, on, or after the date of enactment of the
Restoring Aviation Accountability Act of 2020, shall be deemed
to be not approved, unless, not later than 180 days after the
date of enactment of this paragraph, the ODA holder certifies
to the Administrator that the procedures manual the ODA holder
operates under prohibits delivery of airplanes from being a
performance standard for any individual who is a member of an
ODA unit.''.
SEC. 3. INDEPENDENT AIRCRAFT TYPE CERTIFICATE REVIEW PANEL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue interim final
regulations under title 14, Code of Federal Regulations, establishing
an independent aircraft type certificate review panel (in this section
referred to as the ``panel'') that meets the requirements of this
section.
(b) Membership.--The panel membership shall include 18
representatives, including--
(1) 5 members who are aviation safety professionals, at
least 2 of whom are members of a nonprofit pilot labor
organization (which may include a labor organization
representing pilots for cargo and passenger air carriers
operating under part 121 of title 14, Code of Federal
Regulations) and at least 1 of whom is a member of a nonprofit
flight attendant labor organization (which may include an
authorized representative for flight attendants of passenger
air carriers operating under part 121 of title 14, Code of
Federal Regulations);
(2) 4 members who are Federal Aviation Administration
Aviation Safety Inspectors or collective bargaining
representatives of such inspectors;
(3) 3 members who are pilots responsible for setting
training standards and flight operational procedures at the
airlines intending to operate the aircraft being reviewed and
that employ them;
(4) 3 members who are frontline maintenance aviation
inspector professionals from a nonprofit labor organization;
and
(5) 3 members who represent the covered manufacturers.
(c) Duties.--The panel shall--
(1) review each aircraft type certificate issued after the
date of enactment of this Act by the Administrator every 5
years after the date of the issuance or review of the
certificate, as applicable;
(2) review any amendment to an existing type certificate
made after the date of enactment of this Act; and
(3) not later than 6 months after each such review, issue a
recommendation regarding whether an application for a new
aircraft type certificate should be submitted to the
Administrator as a result of changes or proposed changes in the
design, power, thrust, or weight of the aircraft (regardless of
how extensive).
(d) New Application Required.--If, after review of a type
certificate application for a covered aircraft, the panel recommends to
the Administrator that the covered manufacturer of the covered aircraft
should apply for a new type certificate, and the Administrator accepts
the recommendation, the type certificate so reviewed shall no longer be
considered airworthy as of the date the Administrator accepts the
recommendation and any further operation of the covered aircraft shall
be unlawful until a new type certificate is issued for the covered
aircraft.
(e) Publication of Recommendation Results.--The Administrator shall
make the recommendations produced under this section available to the
public in a searchable, sortable, and downloadable format through the
internet website of the Federal Aviation Administration or other
appropriate methods and shall ensure that the data are made available
in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) prevents inappropriate disclosure of proprietary
information.
(f) Definitions.--In this section:
(1) Covered aircraft.--The term ``covered aircraft'' means
a transport-category aircraft operating under a type
certificate issued under part 121 or 135, or both, of title 14,
Code of Federal Regulations.
(2) Covered manufacturer.--The term ``covered
manufacturer'' means an entity that manufactures or otherwise
produces aircraft and holds a production certificate under
section 44704(c) of title 49, United States Code.
SEC. 4. INCREASED AND TARGETED OVERSIGHT OF ORGANIZATION DESIGNATION
AUTHORIZATIONS.
(a) In General.--Section 44736(b)(3)(C) of title 49, United States
Code, is amended by inserting ``that includes a comprehensive,
independent audit of ODA practices, as well as a review of
recommendations and actions of the organization management team
responsible for overseeing the ODA holder and of safety management
initiatives, at least once every 3 years, regardless of the length of
time an entity has been an authorized ODA holder'' before the
semicolon.
(b) Public Availability of Audits and Reviews.--Section 44736(b) of
title 49, United States Code, is amended by adding at the end the
following:
``(4) Publication of audit and review results.--Not later
than 30 days after the completion of each audit and review
conducted in accordance with paragraph (3)(C), the
Administrator shall submit the results of the audit and review
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.''.
SEC. 5. DOMESTIC AND INTERNATIONAL AIRCRAFT SALES.
(a) Aircraft Certification.--
(1) Requirement.--As part of the aircraft certification
process for any aircraft sold after the date of enactment of
this Act, the Administrator--
(A) shall require covered manufacturers to submit
information regarding whether an aircraft is going to
be sold to a domestic or foreign air carrier, including
the potential need for additional training materials,
operating and maintenance procedures, simulator
training, minimum flight experience requirements in a
transport category aircraft, or modifications to the
airplane manual as a result of the sale to the air
carrier, the countries in which the aircraft is
expected to be operated during the first 5 years after
such sale, or both; and
(B) shall not deem sellable any aircraft sold after
the date of enactment of this Act until the
Administrator has determined, based on the information
submitted in accordance with subparagraph (A), that all
necessary additional training materials, operating and
maintenance procedures, simulator training, minimum
flight experience requirements in a transport category
aircraft, or modifications to the airplane manual will
be provided by the covered manufacturer as part of the
sale of the aircraft to the air carrier.
(2) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall issue interim
final regulations that implement the requirements of this
section.
(b) Flight Standardization Board Standards.--Not later than 180
days after the date of enactment of this Act, the Administrator shall
petition the International Civil Aviation Organization to require that
the country in which an aircraft is granted an initial flight
certificate shall be the lead country for purposes of setting the
Flight Standardization Board standards for the aircraft.
(c) Required Compliance With Applicable International Safety
Standards.--An aircraft that is manufactured in the United States may
not be sold after the date of enactment of this Act to a foreign air
carrier unless the Administrator has determined, through an assessment
under the International Aviation Safety Assessment (IASA) program, that
such country is in compliance with safety standards established by the
International Civil Aviation Organization (ICAO).
(d) Definitions.--In this section:
(1) Air carrier.--The term has the meaning given that term
in paragraph (2) of section 40102 of title 49, United States
Code, and includes a foreign air carrier, as defined in
paragraph (21) of such section.
(2) Aircraft.--The term ``aircraft'' has the meaning given
that term in paragraph (6) of section 40102 of title 49, United
States Code.
(3) Covered manufacturer.--The term ``covered
manufacturer'' means an entity that manufactures or otherwise
produces aircraft and holds a production certificate under
section 44704(c) of title 49, United States Code.
SEC. 6. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
Section 42121 of title 49, United States Code, is amended--
(1) in subsection (b)(2), by adding at the end the
following:
``(C) Judicial cause of action.--If the Secretary
has not issued a final decision within 180 days of the
filing of the complaint and there is no showing that
such delay is due to the bad faith of the complainant,
a person may seek relief by bringing an action at law
or equity for de novo review in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy. Such an action shall, at the
request of either party to the action, be tried by the
court with a jury.''; and
(2) by adding at the end the following:
``(f) Application to Other Individuals.--The whistleblower
protections afforded under the preceding subsections of this section
shall apply to the following individuals in the same manner and to the
same extent as such protections apply to an employee described in
subsection (a):
``(1) Employees, contractors, and subcontractors of any
entity that manufactures or otherwise produces aircraft and
holds a production certificate under section 44704(c) of title
49, United States Code.
``(2) Employees, contractors, and subcontractors of any
repair station operating under part 145 of title 14, United
States Code.
``(3) Employees, contractors, and subcontractors of the
Federal Aviation Administration.
``(g) Application of Motor Vehicle Safety Incentives and
Protections.--The incentives and protections afforded under section
30172 to an employee or contractor of a motor vehicle manufacturer,
part supplier, or dealership shall apply in the same manner and to the
same extent to individuals described in subsections (a) and (f) of this
section.
``(h) Rights Retained by Employee.--Nothing in this section shall
be deemed to diminish the rights, privileges, or remedies of any
employee under any Federal or State law, or under any collective
bargaining agreement.
``(i) Nonenforceability of Certain Provisions Waiving Rights and
Remedies or Requiring Arbitration of Disputes.--
``(1) Waiver of rights and remedies.--The rights and
remedies provided for in this section may not be waived by any
agreement, policy form, or condition of employment, including
by a predispute arbitration agreement.
``(2) Predispute arbitration agreements.--No predispute
arbitration agreement shall be valid or enforceable, if the
agreement requires arbitration of a dispute arising under this
section.''.
SEC. 7. ADDITIONAL REQUIREMENTS FOR ORGANIZATION DESIGNATION
AUTHORIZATIONS.
(a) Issuance of Certificates.--
(1) In general.--Section 44702(d) of title 49, United
States Code, is amended--
(A) in paragraph (1), by striking subparagraph (B)
and by inserting the following:
``(B) any other matter relating to issuing the
certificate other than the final authority for
approving the issuing of the certificate.''; and
(B) by adding at the end the following:
``(4) An employee of a qualified private person may not be provided
a delegation under paragraph (1) unless that employee has first been
approved by the Administrator (under a process determined appropriate
by the Administrator).
``(5) A qualified private person or a delegated employee of a
qualified private person (as applicable) shall sign, under penalty of
perjury, each certificate issued under paragraph (1)(B) by that person
or employee.''.
(2) Clarification.--The amendments made by paragraph (1)
shall have no effect on any certificate issued prior to the
date of the enactment of this Act by a private person, or an
employee under the supervision of that person, pursuant to such
section 44702(d).
(b) Other Functions.--Section 44736(a) of title 49, United States
Code, as amended by section 2(b), is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``and (4)'' and inserting ``, (4), and (5)'';
and
(2) by adding at the end the following:
``(5) Additional requirements.--In overseeing any ODA
holder, regardless of whether the ODA holder operates under a
procedures manual approved by the Administrator before, on, or
after the date of enactment of the Restoring Aviation
Accountability Act of 2020, the Administrator shall--
``(A) identify and establish prerequisites, such as
minimum work experience, education, and license
requirements, for members of ODA units for each
delegated function;
``(B) require that, in order to be approved to be a
member of an ODA unit, an individual must be nominated
by the individual's employer to serve as a delegated
representative of the FAA and under the direction of
the FAA in a specific field or skill code and the
nomination must identify the unique skill, education,
and work experience that the employer believes uniquely
qualifies the individual to serve as a delegated FAA
representative for that field or skill code;
``(C) not approve any individual as a delegated FAA
representative for a function unless the individual
meets the prerequisites established by the
Administrator for that function;
``(D) provide specific training to the individuals
approved to serve as a delegated representative of the
FAA in a specific field or skill code that explains the
individual's role and responsibility and limits of
authority when acting as a delegated FAA
representative;
``(E) be the final authority for any type
certificate issuance; and
``(F) not delegate final authority for any type
certificate issuance.''.
(c) Cost Recovery Matrix.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
study, develop, and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a proposed cost recovery matrix that may be
applied to any company or organization seeking product type
certification from the Administrator.
(2) Public comment period required.--Before developing the
proposed cost recovery matrix required under paragraph (1), the
Secretary of Transportation shall provide a 90-day period for
public comment on the proposed development of such a matrix.
SEC. 8. PRESERVING FAA CONTROL OF DELEGATION OVERSIGHT AUTHORITY.
Section 44736(a) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) delegate to the ODA holder the functions to
be performed as specified in the procedures manual,
unless the Administrator determines that the public
interest and safety of air commerce requires a
limitation with respect to 1 or more of the functions;
and'';
(B) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (D); and
(2) in paragraph (3)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) delegate to the ODA holder the functions to
be performed as specified in the procedures manual,
unless the Administrator determines that the public
interest and safety of air commerce requires a
limitation with respect to 1 or more of the functions;
and'';
(B) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (D).
SEC. 9. OPERATIONAL SUITABILITY OF THE DESIGN.
Not later than 12 months after the date of enactment of this Act,
the Administrator shall--
(1) evaluate and compare the efficacy of international
aircraft certification systems that include approval of
operational requirements in the certification basis for the
issuance of an aircraft type certificate, including the
approval process for such requirements under the aircraft
certification system of the European Union Aviation Safety
Agency, with the approval process for such requirements under
the aircraft certification system adhered to in the United
States; and
(2) revise applicable regulations to the extent necessary
so as--
(A) to make the process for approval of operational
requirements in the certification basis for the
issuance of an aircraft type certificate in the United
States as consistent as practicable with the process
and requirements of international aircraft
certification systems; and
(B) to require approval of operational requirements
part of the certification basis for the issuance of an
aircraft type certificate for any U.S. State of Design
aircraft.
SEC. 10. FLIGHT SIMULATOR TRAINING.
Effective on the date that is 180 days after enactment of this Act,
the Administrator shall be prohibited from granting an exemption for
the use of a non-motion training device to replace a full motion
simulator for validation, qualification, checking, or evaluation
events, and significant training leading up these events, under part 60
of title 14, Code of Federal Regulations.
SEC. 11. COMMISSION ON IMPROVING THE ORGANIZATION DESIGNATION
AUTHORIZATION PROGRAM.
(a) In General.--No later than 180 days after the date of enactment
of this Act, the Secretary of Transportation (in this section referred
to as the ``Secretary)'' shall establish a commission that shall study
and make recommendations to the Secretary regarding the organization
designation authorization program authorized under sections 44702(d)
and 44736 of title 49, United States Code, and regulations promulgated
thereunder (in this section referred to as the ``ODA program'').
(b) Membership.--The commission shall be made up of representatives
of the following organizations:
(1) Nonprofit pilot labor organizations, including labor
organizations representing pilots for cargo and passenger air
carriers operating under part 121 of title 14, Code of Federal
Regulations.
(2) Nonprofit flight attendant labor organizations,
including an authorized representative for flight attendants of
passenger air carriers operating under part 121 of title 14,
Code of Federal Regulations.
(3) Federal Aviation Administration Aviation Safety
Inspectors or collective bargaining representatives of such
inspectors.
(4) Air carriers operating under part 121 of title 14, Code
of Federal Regulations.
(5) Frontline maintenance aviation inspector professionals
from a nonprofit labor organization.
(c) Duties.--The commission established under this section shall--
(1) study all aspects of the ODA program, including with
respect to the effectiveness of the ODA program in prioritizing
passenger safety;
(2) identify and consider options for targeted improvements
to the ODA program or for transitioning the ODA program to an
alternative certification program with a more robust system of
oversight;
(3) identify barriers to, and the feasibility of,
implementing the options identified under paragraph (2); and
(4) develop recommendations for the Secretary based on the
results of the issues examined by the commission.
(d) Report.--Not later than 1 year after the date on which the
commission is established under this section, the commission shall
submit to the Secretary, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, a report on the issues
examined by the commission that includes the recommendations developed
under subsection (c)(4).
SEC. 12. IMPLEMENTATION OF RECOMMENDATIONS OF THE BOEING 737 MAX FLIGHT
CONTROL SYSTEM JOINT AUTHORITIES TECHNICAL REVIEW (JATR).
(a) Deadlines.--The Administrator--
(1) not later than 180 days after the date of enactment of
this Act, shall begin implementing each of the recommendations
specified in subsection (b) in accordance with the description
of, and explanation for, each such recommendation set forth in
the Boeing 737 MAX Flight Control System Observations,
Findings, and Recommendations of the Joint Authorities
Technical Review submitted to the Associate Administrator for
Aviation Safety, U.S. Federal Aviation Administration on
October 11, 2019; and
(2) not later than every 60 days thereafter until every
such recommendation is fully implemented, shall submit a
progress report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives detailing the progress made in implementing
each such recommendation.
(b) Recommendations Specified.--The recommendations specified in
this subsection are the following:
(1) Recommendation R2, relating to the development and use
of up-to-date requirements and practices, including but not
limited to each of the supporting recommendations R2.1 through
R2.10.
(2) Recommendation R3, relating to the consistent
interpretation and application of requirements, including but
not limited to each of the supporting recommendations R3.1
through R3.17.
(3) Recommendation R4, relating to changes during the
certification process, including but not limited to each of the
supporting recommendations R4.1 through R4.6.
(4) Recommendation R5, relating to the delegation of
certification authority, including but not limited to each of
the supporting recommendations R5.1 through R5.7.
(5) Recommendation R10, relating to the impact of product
design changes on flight crew training, including but not
limited to each of the supporting recommendations R10.1 through
R10.5.
(6) Recommendation R11, relating to the impact of product
design changes on maintenance training, including but not
limited to each of the supporting recommendations R11.1 through
R11.2.
(7) Recommendation R12, relating to post-certification
corrective actions and data sharing, including but not limited
to each of the supporting recommendations R12.1 through R12.4.
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