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116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-579
======================================================================
AIRCRAFT CERTIFICATION REFORM AND ACCOUNTABILITY ACT
_______
November 16, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 8408]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 8408) to direct the Administrator
of the Federal Aviation Administration to require certain
safety standards relating to aircraft, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 12
Purpose of Legislation
The purpose of H.R. 8408, the ``Aircraft Certification
Reform and Accountability Act,'' is to improve aviation safety
by reforming the Federal Aviation Administration (FAA) aircraft
certification process; ensure that the FAA and aircraft
manufacturers develop and maintain robust safety cultures;
establish enhanced safety requirements related to the design of
new aircraft, engines, propellers, and appliances, as well as
enhanced requirements for the FAA's processes for certifying
new designs as safe; and understand and address issues
identified related to international pilot training, human
factors, and automation in the cockpit.
Background and Need for Legislation
Two crashes involving Boeing 737 MAX airplanes within five
months of each other--Lion Air flight 610 in October 2018 and
Ethiopian Airlines flight 302 in March 2019--led to the
combined deaths of 346 people, including eight Americans, and
resulted in the longest worldwide grounding of a transport-
category airplane in civil aviation history. The investigations
and inquiries responding to the accidents revealed issues with
the design and development of the 737 MAX. One issue was with a
new software system in the airplane's flight control computer
called the maneuvering characteristics augmentation system
(MCAS), whose erroneous activation applied nose-down control
forces without pilot input, creating conditions to which the
pilots in both accidents were unable to appropriately respond.
In addition, these investigations and inquiries revealed issues
with the FAA's processes for certifying new aircraft designs
and the FAA's oversight of the agency's organization
designation authorization (ODA) program--the means by which the
FAA grants designee authority to companies to conduct certain
functions on behalf of the agency, including approving aircraft
design changes. Finally, the expert reviews and investigations
also raised questions about pilot training programs, human
factors, and automation in the cockpit. Combined, these issues,
as well as other factors--revealed in reports issued by the
National Transportation Safety Board (NTSB), the Joint
Authorities Technical Review (JATR), the Inspector General of
the U.S. Department of Transportation (DOT IG), the Safety
Oversight and Certification Advisory Committee, and others--
contributed to the two 737 MAX accidents.
The Committee, under the leadership of Chair Peter DeFazio
and Subcommittee on Aviation Chair Rick Larsen, conducted an
18-month investigation into the design, development, and
certification of the 737 MAX airplane, and related matters,
that contributed to the Lion Air flight 610 and Ethiopian
Airlines flight 302 accidents. Throughout the course of the
investigation, the Committee held five hearings on issues
related to the 737 MAX program; the two Chairs wrote 23
oversight letters, including 12 records request letters; the
Committee received an estimated 600,000 pages of records from
The Boeing Company, the FAA, airlines, and others; and
conducted two dozen official interviews with current Boeing and
FAA employees and others. Democratic Committee staff also spoke
with a wide range of aviation safety experts, engineers,
software developers, and former Boeing and FAA employees. In
addition, Democratic Committee staff were informed by records
and information provided by numerous whistleblowers who
contacted the Committee directly with their concerns. The
investigation concluded with a final report produced by
Democratic staff of the Committee and issued on September 15,
2020, which contained investigative themes, findings, and
observations regarding deficiencies in the processes under
which Boeing designed the 737 MAX as well as lapses in FAA
oversight that informed the development of H.R. 8408 for the
Democratic Members of the Committee.
The Committee also received reports and testimony from
various experts, including expert panels, boards, and
committees, tasked with reviewing the two accidents as well as
the design, certification, manufacturing, and operation of the
Boeing 737 MAX. These expert reviews included those conducted
by the NTSB, the JATR, the DOT IG, the Safety Oversight and
Certification Advisory Committee, the Secretary of
Transportation's Special Committee to Review the FAA's Aircraft
Certification Process, the Technical Advisory Board, and
others. These expert reviews informed the development of H.R.
8408 for the Republican Members of the Committee.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
(1) The following hearing was used to develop or
consider H.R. 8408:
On December 11, 2019, the Committee held a hearing titled
``The Boeing 737 MAX: Examining the Federal Aviation
Administration's Oversight of the Aircraft's Certification.''
The Committee received testimony from, on the first panel, Hon.
Stephen M. Dickson, Administrator, accompanied by Mr. Earl
Lawrence, Executive Director, Aircraft Certification Service,
both of the FAA, and Mr. Matthew Kiefer, Member, Technical
Advisory Board; and on the second panel, Mr. Edward F. Pierson,
retired Boeing employee; Mr. G. Michael Collins, retired FAA
employee; Mica R. Endsley, PhD, President, SA Technologies,
testifying on behalf of the Human Factors and Ergonomics
Society; and Mr. John Cox, President and Chief Executive
Officer, Safety Operating Systems.
(2) The following related hearings were held:
On May 15, 2019, the Subcommittee on Aviation held a
hearing titled ``Status of the Boeing 737 MAX.'' The
Subcommittee received testimony from Mr. Daniel K. Elwell,
Acting Administrator, accompanied by Mr. Earl Lawrence,
Executive Director, Aircraft Certification, both of the FAA;
and Hon. Robert L. Sumwalt, III, Chair, accompanied by Ms. Dana
Schulze, Deputy Director, both of the NTSB.
On June 19, 2019, the Subcommittee on Aviation held a
hearing titled ``Status of the Boeing 737 MAX: Stakeholder
Perspectives.'' The Subcommittee received testimony from Ms.
Sharon Pinkerton, Senior Vice President, Legislative and
Regulatory Policy, Airlines for America; Mr. Daniel Carey,
President, Allied Pilots Association; Chesley Sullenberger,
Pilot, US Airways (Retired); Ms. Sara Nelson, International
President, Association of Flight Attendants-CWA; and Hon. J.
Randolph ``Randy'' Babbitt, Former Administrator, FAA.
On July 17, 2019, the Subcommittee on Aviation held a
hearing titled ``State of Aviation Safety.'' The Subcommittee
received testimony from, on the first panel, Mr. Paul Njoroge,
husband of Carolyne Karanja, father of Ryan Njuguna, Kelli
Pauls, Rubi Pauls, and son-in-Law of Anne Karanja, Victims of
Flight ET302, testifying on behalf of the Families of Ethiopian
Airlines Flight 302, accompanied by Mr. Michael Stumo, father
of Samya Stumo, victim of ET302; and on the second panel, Ms.
Dana Schulze, Acting Director, Office of Aviation Safety, NTSB;
Mr. Joseph G. DePete, President, Air Line Pilots Association,
International; Ms. Lori Bassani, National President, The
Association of Professional Flight Attendants; Mr. Michael
Perrone, National President, Professional Aviation Safety
Specialists; and Mr. John Samuelsen, International President,
Transport Workers Union.
On October 30, 2019, the Committee held a hearing titled
``The Boeing 737 MAX: Examining the Design, Development, and
Marketing of the Aircraft.'' The Committee received testimony
from Mr. Dennis A. Muilenburg, President and Chief Executive
Officer; and Mr. John Hamilton, Vice President and Chief
Engineer, Boeing Commercial Airplanes, both from The Boeing
Company.
Legislative History and Consideration
H.R. 8408 was introduced in the House on September 29,
2020, by Mr. DeFazio of Oregon, Mr. Graves of Missouri, Mr.
Larsen of Washington, and Mr. Graves of Louisiana, and referred
to the Committee on Transportation and Infrastructure. Within
the Committee, H.R. 8408 was referred to the Subcommittee on
Aviation.
On September 30, 2020, the Subcommittee on Aviation was
discharged from further consideration of H.R. 8408.
The Committee met in open session to consider H.R. 8408 on
September 30, 2020, and ordered the measure to be reported to
the House with a favorable recommendation, without amendment,
by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
There were no recorded votes taken in connection with
consideration of H.R. 8408.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
improve the FAA's certification process for new aircraft,
engines, and other components; to provide the agency with
sufficient resources and technical expertise to perform its
certification functions; to ensure robust FAA oversight of U.S.
aircraft manufacturers; to maintain the safety of U.S.
manufactured aircraft and global air travel which relies on
such aircraft; and to further understand and address issues
identified by experts related to international pilot training,
human factors, and automation in the cockpit.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 8408 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 8408 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
Section 20 directs the FAA to initiate an expert safety
review as well as a call to action safety review. The Committee
finds that the FAA can carry out the functions of these review
panels by utilizing either an aviation rulemaking committee or
an advisory committee already in existence, or by enlarging the
mandate of an existing advisory committee.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title; Table of contents
This section provides that this bill may be cited as the
``Aircraft Certification Reform and Accountability Act'' and
sets the table of contents for this measure.
Sec. 2. Safety management systems
This section requires the FAA to issue regulations for
holders of both a type certificate and a production
certificate, such as aircraft and other aerospace industry
manufacturers, to adopt safety management systems (SMS)
consistent with international standards and practices. An SMS
adopted under this section must contain a confidential employee
reporting system that includes non-punitive provisions through
which employees can report hazards and safety concerns, as well
as a code of ethics emphasizing safety as the highest priority
for a manufacturer's officers and employees. This section also
directs that the required confidential employee reporting
system be implemented in a manner consistent with other
voluntary reporting programs administered by the FAA
Administrator.
Sec. 3. Expert review of organization designation authorizations for
transport airplanes
This section convenes an independent expert review panel--
comprised of representatives of the FAA, National Aeronautics
and Space Administration, U.S. airlines, manufacturers of
aircraft and aircraft components, labor unions representing
airline pilots, production employees, and FAA engineers and
safety inspectors, other ODA holders, and other independent
subject-matter experts--to review The Boeing Company's ODA,
safety culture, and capability to perform FAA-delegated
functions. This section directs the panel to make
recommendations on any deficiencies found during the review.
This section also authorizes the FAA Administrator to
limit, suspend, or terminate Boeing's ODA if the Administrator
deems it necessary based on the review panel's findings and
requires the FAA Administrator to report to Congress on the
status of procedures under which the agency will conduct
focused oversight of Boeing's processes for performing FAA-
delegated functions.
Sec. 4. Certification oversight staff
This section authorizes $27,000,000 for each of fiscal
years 2021 through 2023 in new appropriations for the FAA to
recruit and retain engineers, safety inspectors, human factors
specialists, software and cybersecurity experts, and other
qualified technical experts who perform duties related to the
certification of aircraft, engines, and other components. This
section clarifies that nothing in this section vests in any
exclusive bargaining representative any management right of the
FAA Administrator, and any action taken under this section is
subject to the availability of appropriations.
Sec. 5. Disclosure of safety-critical information
This section requires manufacturers to disclose to the FAA
certain safety-critical information related to an aircraft,
including information regarding systems that manipulate flight
controls without direct pilot input or commands, correct
adverse handling qualities, or compensate for unstable
aerodynamic properties, as well as other systems whose failure
or erroneous activation would present a risk rated hazardous or
catastrophic. This section requires that any aircraft flight
manual and flight crew operating manual contain a description
of such a system and flight crew procedures for responding to a
failure or aberrant operation of such system. This section
imposes up to a $1 million civil penalty for a violation of the
disclosure requirements and directs the FAA to revoke an
airline transport pilot certificate held by an individual who
fails to disclose such safety-critical information on behalf of
a manufacturer. The section also repeals unused FAA design and
production organization certification authorities.
Sec. 6. Periodic reviews of organization designation authorizations
This section directs the FAA to conduct a comprehensive
review of each manufacturing ODA holder's capability to meet
FAA regulations based on the holder's organizational
structures, requirements applicable to its officers and
employees, and safety culture. The review, to be conducted
every seven years, must include an assessment of the
effectiveness of, and organization-wide adherence to, the ODA
holder's SMS and voluntary safety reporting system.
Sec. 7. Limitations on delegation
This section codifies an existing FAA policy that
prohibits, with some exceptions, FAA delegation to an aircraft
manufacturer the ability to certify on behalf of the agency the
design of a ``novel or unusual design feature'' that results in
a major change to an aircraft type design. The FAA may delegate
such a matter when the FAA Administrator determines it is a
routine task, or when, during the course of the certification
process, the Administrator determines it no longer relates to a
novel or unusual design feature. This section also prohibits
FAA delegation of a certification function to a manufacturer
solely because the agency lacks the qualified personnel or
expertise to handle the function internally.
Sec. 8. Oversight of organization designation authorization unit
members
Beginning one year after the date of enactment of this Act,
this section requires the FAA Administrator to approve each new
individual selected by an ODA holder engaged in the design of
an aircraft, aircraft engine, propeller, or appliance before
they become an authorized representative (or ODA unit member),
who are employees of a manufacturer granted special permission
to act on the FAA's behalf in validating compliance of aircraft
systems and designs with FAA requirements. This section
requires new ODA unit members to meet qualifications issued by
the Administrator, such as the knowledge, technical
proficiency, and moral character of such individual. This
section authorizes the FAA Administrator to rescind an approval
of an approved individual to serve as an ODA unit member at any
time, for any reason. Notwithstanding the applicability of this
section to new ODA unit members, this section directs the FAA
to complete a review of each current Boeing ODA unit member to
ensure each individual meets the agency's minimum
qualifications issued under this section. This section also
authorizes $3,000,000 for each of fiscal years 2021 through
2023 in new appropriations for the FAA to ensure adequate
staffing and resources necessary to undertake the work required
under this section.
This section imposes a civil penalty for any individual
employed by an ODA holder who interferes with (e.g., harasses,
berates, or threatens) an ODA unit member's performance of
authorized functions on behalf of the FAA and requires all ODA
unit members to promptly report any cases of interference
experienced or witnessed at a company.
This section creates a process for lateral communications
so that FAA employees with certification responsibilities may
directly contact non-managerial employees of an aircraft
manufacturer for consultation regarding the certification of
aircraft design, production, and other matters. This section
prohibits a manufacturer from prohibiting or imposing any
condition or restriction on its employees from making such
contact with FAA employees.
This section repeals previously enacted statutory direction
related to the ODA program.
Sec. 9. Integrated project teams
This section requires the FAA to convene an
interdisciplinary integrated project team with specialists from
the agency's Aircraft Certification Service and the Flight
Standards Service at the outset of a certification program for
a new airplane to ensure that engineers and pilots are
operating from the same set of assumptions regarding airplane
systems, system safety assessments, human factors, pilot
response to non-normal conditions, and airplane-level safety
effects of system failures.
Sec. 10. Oversight integrity briefing
This section requires the FAA to brief Congress on specific
measures the agency has taken to reinforce that each FAA
employee responsible for overseeing an aircraft manufacturer's
ODA performs their work in accordance with safety management
principles and in the public interest of aviation safety.
Sec. 11. Appeals of certification decisions
This section directs the FAA Administrator to issue an
order establishing an appeal process to review an FAA
employee's decision regarding a manufacturer's compliance with
applicable design regulation. This section also prohibits FAA
leadership and manufacturing executives from communicating
about the dispute outside of the established review process
unless those communications are publicly disclosed.
Sec. 12. Employment restrictions
This section implements a one-year cooling off period for
incoming FAA employees from overseeing their former aerospace
manufacturer employer. This section also implements a two-year
cooling off period for former FAA certification employees
representing their new employer before the FAA if they were
responsible for overseeing that employer while at FAA,
consistent with existing aviation safety inspector
restrictions.
Sec. 13. Professional development and skills enhancement
This section directs the FAA to develop a program for
regular recurrent training of FAA engineers, inspectors, and
other subject matter experts in accordance with the training
strategy developed pursuant to section 231 of the FAA
Reauthorization Act of 2018 (P.L. 112-95). This section also
requires the FAA, to the maximum extent practicable, to
implement measures that provide such employees with diverse
professional opportunities to expand their knowledge and skills
and minimize the likelihood of inappropriate bias toward a
regulated company.
Sec. 14. Voluntary safety reporting program
This section directs the FAA, in collaboration with labor
groups representing certain FAA employees, to implement a
confidential voluntary safety reporting program for FAA
engineers, safety inspectors, systems safety specialists, and
other subject matter experts to identify and report potential
safety issues or concerns. This section directs that the
confidential voluntary safety reporting system be implemented
in a manner consistent with other voluntary safety reporting
systems administered by the FAA Administrator.
Sec. 15. Compensation limitation
This section prohibits an FAA employee from receiving a
compensation adjustment solely on the basis of meeting or
exceeding a deadline related to the completion of a
certification function.
Sec. 16. System safety assessments and other requirements
This section directs the FAA to require an applicant for an
amended type certificate for a transport airplane (as defined
in this Act) to perform a system safety assessment with respect
to each proposed design change that the Administrator
determines is significant, considering the airplane-level
effects of individual failures and realistic pilot response
times. This section requires the FAA to review each system
safety assessment for sufficiency and adequate consideration of
the airplane-level effects of individual failures and realistic
pilot response times.
Sec. 17. Flight crew alerting
This section prohibits the FAA from issuing a type
certificate for a new airliner design unless the airplane is
equipped with a centralized crew alerting system that helps a
pilot differentiate, prioritize, and respond to warnings,
cautions, and advisories activated on the airplane.
Sec. 18. Amended type certificates
This section directs the FAA to exercise leadership in the
creation of international policies and standards relating to
the issuance of amended type certificates for new airplane
designs. This section also requires the FAA to revise and
improve the process for issuing amended type certificates based
on the agency's international harmonization efforts and other
requirements, including establishing the extent to which
certain changes to an airplane's design are so significant that
a new type certification process is warranted.
Sec. 19. Whistleblower protections
This section extends the whistleblower protections
currently provided to air carrier employees to employees of
manufacturing ODAs. This includes the prohibition on
discharging or taking an adverse employment action against an
employee due to the employee providing to the employer or
Federal Government information relating to non-compliance with
FAA regulations or orders.
Sec. 20. Pilot training
This section requires the FAA to independently review a
proposal by a transport airplane manufacturer in setting pilot
training requirements for an airliner. This section prohibits
such manufacturer from making assurances regarding certain
pilot training requirements to customers before the FAA
establishes them without a clear disclaimer regarding the
actual status of training requirements and prohibits such
manufacturer from providing financial incentives such as
rebates to a potential customer regarding the scope or
magnitude of pilot training for an airplane.
Beginning the day after the date on which the FAA issues
regulations in response to the expert safety review required by
this section, this section prohibits the FAA from issuing a new
or amended type certificate to a transport airplane
manufacturer for a transport airplane unless the manufacturer
has demonstrated to the FAA it has accounted for realistic
assumptions regarding pilot reaction time to non-normal
conditions in designing the systems and instrumentation of such
airplane.
This section directs the FAA to initiate an expert safety
review of assumptions relied upon by the FAA and airplane
manufacturers, including a review of assumptions regarding the
time presumed for pilot response to non-normal conditions, in
designing airplane systems and instrumentation and
consideration of the global nature of the marketplace and
varying pilot training programs worldwide. This section also
directs the FAA to initiate a call to action safety review of
FAA pilot certification standards and directs the FAA to
exercise leadership in setting global standards to improve
airline pilot training and qualifications.
Sec. 21. Nonconformity with approved type design
This section prohibits a manufacturer from delivering an
aircraft that does not conform with its approved type design--
the configuration that the FAA certified as safe--except when
multiple disclosure and other safeguards are met to ensure the
nonconformity does not jeopardize safety. For example, the
manufacturer must promptly notify the FAA and operators of the
aircraft about the nonconformity, the FAA must determine the
nonconformity does not reduce the margin of safety by any
measure without any change in flight crew operating procedures,
and the manufacturer agrees to correct it within a timeframe
set by the FAA while waiving financial penalties for customers
who wish to delay delivery of an aircraft until it is repaired.
This section imposes an up to $1 million civil penalty for each
nonconforming aircraft.
Sec. 22. Implementation of recommendations
This section requires the FAA to report to Congress on the
status of the agency's implementation of recommendations made
by the NTSB, JATR, DOT IG, and other entities in response to
the Lion Air flight 610 and Ethiopian Airlines flight 302
accidents involving the Boeing 737 MAX aircraft. For any
recommendation with which the FAA Administrator does not
concur, the Administrator must provide to Congress a detailed
explanation for such non-concurrence.
Sec. 23. Oversight of FAA Compliance Program
This section directs the FAA to establish an Executive
Council to oversee the use and effectiveness of the FAA's
Compliance Program across the agency's program offices and make
recommendations to the FAA Administrator on controls that
should be issued to improve the Program's effectiveness and to
ensure the highest levels of aviation safety.
Sec. 24. Settlement agreement
This section expresses a sense of Congress that the FAA
administrator should fully exercise all rights and pursue all
remedies available to the administrator under the 2015 FAA-
Boeing settlement agreement, including a demand for full
payment of applicable deferred civil penalties if Boeing has
not fully performed all of its obligations incurred under the
agreement.
Sec. 25. Human factors
This section directs the FAA to conduct an evaluation of
tools and methods that support the better integration of human
factors and system safety assessments of aircraft flight deck
and flight control systems into the FAA's certification
process. This section directs the FAA to develop a human
factors education program for FAA employees that teaches about
the effects of modern flight deck systems on human performance
and new approaches for better integration of human factors into
aircraft design and certification.
Sec. 26. Technical corrections
This section makes various technical corrections to ensure
the bill coexists with the FAA's existing civil penalty
authorities.
Sec. 27. Definitions
This section defines the terms used in this measure
including: ``Administration''; ``FAA''; ``Administrator'';
``organization designation authorization''; ``congressional
committees of jurisdiction''; ``human factors''; ``transport
airplane''; and ``type certificate''.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART II--ECONOMIC REGULATION
* * * * * * *
CHAPTER 421--LABOR-MANAGEMENT PROVISIONS
* * * * * * *
SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
Sec. 42121. Protection of employees providing air safety information
[(a) Discrimination Against Airline Employees.--No air
carrier or contractor or subcontractor of an air carrier may
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 air carrier 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 air carrier 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.]
(a) Prohibited Discrimination.--A holder of a certificate
under section 44704 or 44705 of this title, or contractor or
subcontractor 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.
(b) Department of Labor Complaint Procedure.--
(1) Filing and notification.--A person who believes
that he or she has been discharged or otherwise
discriminated against by any person in violation of
subsection (a) may, not later than 90 days after the
date on which such violation occurs, file (or have any
person file on his or her behalf) a complaint with the
Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify, in writing, the person
named in the complaint and the Administrator of the
Federal Aviation Administration of the filing of the
complaint, of the allegations contained in the
complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
(2) Investigation; preliminary order.--
(A) In general.--Not later than 60 days after
the date of receipt of a complaint filed under
paragraph (1) and after affording the person
named in the complaint an opportunity to submit
to the Secretary of Labor a written response to
the complaint and an opportunity to meet with a
representative of the Secretary to present
statements from witnesses, the Secretary of
Labor shall conduct an investigation and
determine whether there is reasonable cause to
believe that the complaint has merit and
notify, in writing, the complainant and the
person alleged to have committed a violation of
subsection (a) of the Secretary's findings. If
the Secretary of Labor concludes that there is
a reasonable cause to believe that a violation
of subsection (a) has occurred, the Secretary
shall accompany the Secretary's findings with a
preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than
30 days after the date of notification of
findings under this paragraph, either the
person alleged to have committed the violation
or the complainant may file objections to the
findings or preliminary order, or both, and
request a hearing on the record. The filing of
such objections shall not operate to stay any
reinstatement remedy contained in the
preliminary order. Such hearings shall be
conducted expeditiously. If a hearing is not
requested in such 30-day period, the
preliminary order shall be deemed a final order
that is not subject to judicial review.
(B) Requirements.--
(i) Required showing by
complainant.--The Secretary of Labor
shall dismiss a complaint filed under
this subsection and shall not conduct
an investigation otherwise required
under subparagraph (A) unless the
complainant makes a prima facie showing
that any behavior described in
paragraphs (1) through (4) of
subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
(ii) Showing by employer.--
Notwithstanding a finding by the
Secretary that the complainant has made
the showing required under clause (i),
no investigation otherwise required
under subparagraph (A) shall be
conducted if the employer demonstrates,
by clear and convincing evidence, that
the employer would have taken the same
unfavorable personnel action in the
absence of that behavior.
(iii) Criteria for determination by
secretary.--The Secretary may determine
that a violation of subsection (a) has
occurred only if the complainant
demonstrates that any behavior
described in paragraphs (1) through (4)
of subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
(iv) Prohibition.--Relief may not be
ordered under subparagraph (A) if the
employer demonstrates by clear and
convincing evidence that the employer
would have taken the same unfavorable
personnel action in the absence of that
behavior.
(3) Final order.--
(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the
date of conclusion of a hearing under paragraph
(2), the Secretary of Labor shall issue a final
order providing the relief prescribed by this
paragraph or denying the complaint. At any time
before issuance of a final order, a proceeding
under this subsection may be terminated on the
basis of a settlement agreement entered into by
the Secretary of Labor, the complainant, and
the person alleged to have committed the
violation.
(B) Remedy.--If, in response to a complaint
filed under paragraph (1), the Secretary of
Labor determines that a violation of subsection
(a) has occurred, the Secretary of Labor shall
order the person who committed such violation
to--
(i) take affirmative action to abate
the violation;
(ii) reinstate the complainant to his
or her former position together with
the compensation (including back pay)
and restore the terms, conditions, and
privileges associated with his or her
employment; and
(iii) provide compensatory damages to
the complainant.
If such an order is issued under this
paragraph, the Secretary of Labor, at the
request of the complainant, shall assess
against the person against whom the order is
issued a sum equal to the aggregate amount of
all costs and expenses (including attorneys'
and expert witness fees) reasonably incurred,
as determined by the Secretary of Labor, by the
complainant for, or in connection with, the
bringing the complaint upon which the order was
issued.
(C) Frivolous complaints.--If the Secretary
of Labor finds that a complaint under paragraph
(1) is frivolous or has been brought in bad
faith, the Secretary of Labor may award to the
prevailing employer a reasonable attorney's fee
not exceeding $1,000.
(4) Review.--
(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order
issued under paragraph (3) may obtain review of
the order in the United States Court of Appeals
for the circuit in which the violation, with
respect to which the order was issued,
allegedly occurred or the circuit in which the
complainant resided on the date of such
violation. The petition for review must be
filed not later than 60 days after the date of
the issuance of the final order of the
Secretary of Labor. Review shall conform to
chapter 7 of title 5, United States Code. The
commencement of proceedings under this
subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
(B) Limitation on collateral attack.--An
order of the Secretary of Labor with respect to
which review could have been obtained under
subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
(5) Enforcement of order by secretary of labor.--
Whenever any person has failed to comply with an order
issued under paragraph (3), the Secretary of Labor may
file a civil action in the United States district court
for the district in which the violation was found to
occur to enforce such order. In actions brought under
this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory
damages.
(6) Enforcement of order by parties.--
(A) Commencement of action.--A person on
whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was
issued to require compliance with such order.
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award
costs of litigation (including reasonable
attorney and expert witness fees) to any party
whenever the court determines such award is
appropriate.
(c) Mandamus.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
[(d) Nonapplicability to Deliberate Violations.--Subsection
(a) shall not apply with respect to an employee of an air
carrier, contractor, or subcontractor who, acting without
direction from such air carrier, contractor, or subcontractor
(or such person's agent), deliberately causes a violation of
any requirement relating to air carrier safety under this
subtitle or any other law of the United States.
[(e) Contractor Defined.--In this section, the term
``contractor'' means a company that performs safety-sensitive
functions by contract for an air carrier.]
(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.
(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.
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 447--SAFETY REGULATION
Sec.
44701. General requirements.
* * * * * * *
44739. Pets on airplanes.
[Sec. 44737. Special rule for certain aircraft operations.]
44740. Special rule for certain aircraft operations.
44741. Approval of organization designation authorization unit members.
44742. Interference with the duties of organization designation
authorization unit members.
44743. Pilot training requirements.
* * * * * * *
Sec. 44702. Issuance of certificates
(a) General Authority and Applications.--The Administrator of
the Federal Aviation Administration may issue airman
certificates, design organization certificates, type
certificates, production certificates, airworthiness
certificates, air carrier operating certificates, airport
operating certificates, air agency certificates, and air
navigation facility certificates under this chapter. An
application for a certificate must--
(1) be under oath when the Administrator requires;
and
(2) be in the form, contain information, and be filed
and served in the way the Administrator prescribes.
(b) Considerations.--When issuing a certificate under this
chapter, the Administrator shall--
(1) consider--
(A) the duty of an air carrier to provide
service with the highest possible degree of
safety in the public interest; and
(B) differences between air transportation
and other air commerce; and
(2) classify a certificate according to the
differences between air transportation and other air
commerce.
(c) Prior Certification.--The Administrator may authorize an
aircraft, aircraft engine, propeller, or appliance for which a
certificate has been issued authorizing the use of the
aircraft, aircraft engine, propeller, or appliance in air
transportation to be used in air commerce without another
certificate being issued.
(d) Delegation.--(1) Subject to regulations, supervision, and
review the Administrator may prescribe, the Administrator may
delegate to a qualified private person, or to an employee under
the supervision of that person, a matter related to--
(A) the examination, testing, and inspection
necessary to issue a certificate under this chapter;
and
(B) issuing the certificate.
(2) The Administrator may rescind a delegation under this
subsection at any time for any reason the Administrator
considers appropriate.
(3) A person affected by an action of a private person under
this subsection may apply for reconsideration of the action by
the Administrator. On the Administrator's own initiative, the
Administrator may reconsider the action of a private person at
any time. If the Administrator decides on reconsideration that
the action is unreasonable or unwarranted, the Administrator
shall change, modify, or reverse the action. If the
Administrator decides the action is warranted, the
Administrator shall affirm the action.
(4) Notwithstanding any other provision of law, the
Administrator may not delegate a matter under this
subsection--
(A) with respect to the certification of the
design of a novel or unusual design feature
that results in a major change to a type
design, except when the Administrator
determines--
(i) a matter is a routine task; or
(ii) during the course of the
certification process, that a matter no
longer relates to a novel or unusual
design feature; or
(B) on the sole basis that the Federal
Aviation Administration lacks a sufficient
number of personnel qualified or with the
requisite expertise to perform the function.
* * * * * * *
Sec. 44704. Type certificates, production certificates, airworthiness
certificates, and design and production
organization certificates
(a) Type Certificates.--
(1) Issuance, investigations, and tests.--The
Administrator of the Federal Aviation Administration
shall issue a type certificate for an aircraft,
aircraft engine, or propeller, or for an appliance
specified under paragraph (2)(A) of this subsection
when the Administrator finds that the aircraft,
aircraft engine, propeller, or appliance is properly
designed and manufactured, performs properly, and meets
the regulations and minimum standards prescribed under
section 44701(a) of this title. On receiving an
application for a type certificate, the Administrator
shall investigate the application and may conduct a
hearing. The Administrator shall make, or require the
applicant to make, tests the Administrator considers
necessary in the interest of safety.
(2) Specifications.--The Administrator may--
(A) specify in regulations those appliances
that reasonably require a type certificate in
the interest of safety;
(B) include in a type certificate terms
required in the interest of safety; and
(C) record on the certificate a numerical
specification of the essential factors related
to the performance of the aircraft, aircraft
engine, or propeller for which the certificate
is issued.
(3) Special rules for new aircraft and appliances.--
Except as provided in paragraph (4), if the holder of a
type certificate agrees to permit another person to use
the certificate to manufacture a new aircraft, aircraft
engine, propeller, or appliance, the holder shall
provide the other person with written evidence, in a
form acceptable to the Administrator, of that
agreement. Such other person may manufacture a new
aircraft, aircraft engine, propeller, or appliance
based on a type certificate only if such other person
is the holder of the type certificate or has permission
from the holder.
(4) Limitation for aircraft manufactured before
august 5, 2004.--Paragraph (3) shall not apply to a
person who began the manufacture of an aircraft before
August 5, 2004, and who demonstrates to the
satisfaction of the Administrator that such manufacture
began before August 5, 2004, if the name of the holder
of the type certificate for the aircraft does not
appear on the airworthiness certificate or
identification plate of the aircraft. The holder of the
type certificate for the aircraft shall not be
responsible for the continued airworthiness of the
aircraft. A person may invoke the exception provided by
this paragraph with regard to the manufacture of only
one aircraft.
(5) Release of data.--
(A) In general.--Notwithstanding any other
provision of law, the Administrator may make
available upon request, to a person seeking to
maintain the airworthiness or develop product
improvements of an aircraft, engine, propeller,
or appliance, engineering data in the
possession of the Administration relating to a
type certificate or a supplemental type
certificate for such aircraft, engine,
propeller, or appliance, without the consent of
the owner of record, if the Administrator
determines that--
(i) the certificate containing the
requested data has been inactive for 3
or more years, except that the
Administrator may reduce this time if
required to address an unsafe condition
associated with the product;
(ii) after using due diligence, the
Administrator is unable to find the
owner of record, or the owner of
record's heir, of the type certificate
or supplemental type certificate; and
(iii) making such data available will
enhance aviation safety.
(B) Engineering data defined.--In this
section, the term ``engineering data'' as used
with respect to an aircraft, engine, propeller,
or appliance means type design drawing and
specifications for the entire aircraft, engine,
propeller, or appliance or change to the
aircraft, engine, propeller, or appliance,
including the original design data, and any
associated supplier data for individual parts
or components approved as part of the
particular certificate for the aircraft,
engine, propeller, or appliance.
(C) Requirement to maintain data.--The
Administrator shall maintain engineering data
in the possession of the Administration
relating to a type certificate or a
supplemental type certificate that has been
inactive for 3 or more years.
[(6) Type certification resolution process.--
[(A) In general.--Not later than 15 months
after the date of enactment of the FAA
Reauthorization Act of 2018, the Administrator
shall establish an effective, timely, and
milestone-based issue resolution process for
type certification activities under this
subsection.
[(B) Process requirements.--The resolution
process shall provide 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
Federal Aviation 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; and
[(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.
[(C) Major certification process milestone
defined.--In this paragraph, the term ``major
certification process milestone'' means a
milestone related to a 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.]
(6) Nonconformity with approved type design.--
(A) In general.--Except as provided in
subparagraph (D), a holder of a production
certificate for an aircraft may not present a
nonconforming aircraft to the Administrator for
issuance of an 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 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) Remedial action.--The Administrator may
permit a production certificate holder to
present a nonconforming aircraft to the
Administrator for an airworthiness certificate
if--
(i) the Administrator determines the
nonconformity, when compared to the
configuration approved as part of the
type design, does not diminish by any
degree the aircraft's safe operation
without any change in flight crew
operating procedures;
(ii) the Administrator determines the
nonconformity was not the product of an
intentional decision by the production
certificate holder to alter the
aircraft's configuration from the
approved type design;
(iii) the production certificate
holder has fully complied with
subparagraph (E);
(iv) the production certificate
holder agrees to correct the
nonconformity on all nonconforming
aircraft within a timeframe that is--
(I) prescribed by the
Administrator; and
(II) commensurate with the
severity of the nonconformity;
(v) the production certificate holder
informs a person who is to take
delivery of the nonconforming aircraft
of the nonconformance prior to its
delivery; and
(vi) the production certificate
holder agrees not to impose any
penalty, financial or otherwise, on a
person that chooses to delay the
delivery of a nonconforming aircraft
until the production certificate
holder, to the Administrator's
satisfaction, conforms the aircraft to
the approved type design of such
aircraft.
(E) Notification and proposed remedial
action.--A production certificate holder shall,
within 5 days of determining that such
production certificate holder delivered a
nonconforming aircraft, notify the
Administrator, the purchaser of the airplane,
and (if the purchaser is a lessor) the intended
operator of the airplane, if known. A
notification under this clause shall describe--
(i) the nonconformity in detail; and
(ii) the production certificate
holder's initial proposal for actions
necessary to eliminate the
nonconformity.
(F) 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.
(b) Supplemental Type Certificates.--
(1) Issuance.--The Administrator may issue a type
certificate designated as a supplemental type
certificate for a change to an aircraft, aircraft
engine, propeller, or appliance.
(2) Contents.--A supplemental type certificate issued
under paragraph (1) shall consist of the change to the
aircraft, aircraft engine, propeller, or appliance with
respect to the previously issued type certificate for
the aircraft, aircraft engine, propeller, or appliance.
(3) Requirement.--If the holder of a supplemental
type certificate agrees to permit another person to use
the certificate to modify an aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the
other person with written evidence, in a form
acceptable to the Administrator, of that agreement. A
person may change an aircraft, aircraft engine,
propeller, or appliance based on a supplemental type
certificate only if the person requesting the change is
the holder of the supplemental type certificate or has
permission from the holder to make the change.
(c) Production Certificates.--The Administrator shall issue a
production certificate authorizing the production of a
duplicate of an aircraft, aircraft engine, propeller, or
appliance for which a type certificate has been issued when the
Administrator finds the duplicate will conform to the
certificate. On receiving an application, the Administrator
shall inspect, and may require testing of, a duplicate to
ensure that it conforms to the requirements of the certificate.
The Administrator may include in a production certificate terms
required in the interest of safety.
(d) Airworthiness Certificates.--(1) The registered owner of
an aircraft may apply to the Administrator for an airworthiness
certificate for the aircraft. The Administrator shall issue an
airworthiness certificate when the Administrator finds that the
aircraft conforms to its type certificate and, after
inspection, is in condition for safe operation. The
Administrator shall register each airworthiness certificate and
may include appropriate information in the certificate. The
certificate number or other individual designation the
Administrator requires shall be displayed on the aircraft. The
Administrator may include in an airworthiness certificate terms
required in the interest of safety.
(2) A person applying for the issuance or renewal of an
airworthiness certificate for an aircraft for which ownership
has not been recorded under section 44107 or 44110 of this
title must submit with the application information related to
the ownership of the aircraft the Administrator decides is
necessary to identify each person having a property interest in
the aircraft and the kind and extent of the interest.
[(e) Design and Production Organization Certificates.--
[(1) Issuance.--Beginning January 1, 2013, the
Administrator may issue a certificate to a design
organization, production organization, or design and
production organization to authorize the organization
to certify compliance of aircraft, aircraft engines,
propellers, and appliances with the requirements and
minimum standards prescribed under section 44701(a). An
organization holding a certificate issued under this
subsection shall be known as a certified design and
production organization (in this subsection referred to
as a ``CDPO'').
[(2) Applications.--On receiving an application for a
CDPO certificate, the Administrator shall examine and
rate the organization submitting the application, in
accordance with regulations to be prescribed by the
Administrator, to determine whether the organization
has adequate engineering, design, and production
capabilities, standards, and safeguards to make
certifications of compliance as described in paragraph
(1).
[(3) Issuance of certificates based on cdpo
findings.--The Administrator may rely on certifications
of compliance by a CDPO when making determinations
under this section.
[(4) Public safety.--The Administrator shall include
in a CDPO certificate terms required in the interest of
safety.
[(5) No effect on power of revocation.--Nothing in
this subsection affects the authority of the Secretary
of Transportation to revoke a certificate.]
(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 aircraft covered
under part 25 of title 14, Code of Federal Regulations,
to submit safety-critical information with respect to
such aircraft 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 aircraft during flight or
that otherwise changes the flight path or
airspeed of an aircraft;
(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 aircraft
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
aircraft 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
aircraft 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) Aircraft system development changes.--The
Administrator shall establish multiple
milestones throughout the certification process
at which a proposed aircraft 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 aircraft flight manual and a flight crew
operating manual (as appropriate or applicable) for an
aircraft 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 (D) 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 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).
(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.
(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 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) with 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 on each appeal
submitted under subparagraph (A)(ii),
stating the grounds for the decision of
the Associate Administrator.
(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.--
Notwithstanding any other provision of
law, neither a final determination of
the Administrator under clause (i) nor
a decision to decline to review an
appeal under clause (ii) 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 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 in
accordance with subsection (g)(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, 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.
* * * * * * *
Sec. 44711. Prohibitions and exemption
(a) Prohibitions.--A person may not--
(1) operate a civil aircraft in air commerce without
an airworthiness certificate in effect or in violation
of a term of the certificate;
(2) serve in any capacity as an airman with respect
to a civil aircraft, aircraft engine, propeller, or
appliance used, or intended for use, in air commerce--
(A) without an airman certificate authorizing
the airman to serve in the capacity for which
the certificate was issued; or
(B) in violation of a term of the certificate
or a regulation prescribed or order issued
under section 44701(a) or (b) or any of
sections 44702-44716 of this title;
(3) employ for service related to civil aircraft used
in air commerce an airman who does not have an airman
certificate authorizing the airman to serve in the
capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier
operating certificate or in violation of a term of the
certificate;
(5) operate aircraft in air commerce in violation of
a regulation prescribed or certificate issued under
section 44701(a) or (b) or any of sections 44702-44716
of this title;
(6) operate a seaplane or other aircraft of United
States registry on the high seas in violation of a
regulation under section 3 of the International
Navigational Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency, design
organization certificate, or production certificate or
a regulation prescribed or order issued under section
44701(a) or (b) or any of sections 44702-44716 of this
title related to the holder of the certificate;
(8) operate an airport without an airport operating
certificate required under section 44706 of this title
or in violation of a term of the certificate;
(9) manufacture, deliver, sell, or offer for sale any
aviation fuel or additive in violation of a regulation
prescribed under section 44714 of this title; or
(10) violate section 44732 or any regulation issued
thereunder.
(b) Exemption.--On terms the Administrator of the Federal
Aviation Administration prescribes as being in the public
interest, the Administrator may exempt a foreign aircraft and
airmen serving on the aircraft from subsection (a) of this
section. However, an exemption from observing air traffic
regulations may not be granted.
(c) Prohibition on Employment of Convicted Counterfeit Part
Traffickers.--No person subject to this chapter may knowingly
employ anyone to perform a function related to the procurement,
sale, production, or repair of a part or material, or the
installation of a part into a civil aircraft, who has been
convicted in a court of law of a violation of any Federal law
relating to the installation, production, repair, or sale of a
counterfeit or fraudulently-represented aviation part or
material.
[(d) Postemployment Restrictions for Flight Standards
Inspectors.--
[(1) Prohibition.--A person holding an operating
certificate issued under 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 the certificate
holder in any matter before the Federal Aviation
Administration if the individual, in the preceding 2-
year period--
[(A) served as, or was responsible for
oversight of, a flight standards inspector of
the Administration; and
[(B) had responsibility to inspect, or
oversee inspection of, the operations of the
certificate holder.
[(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 a flight standards inspector of the
Administration.]
(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. 44735. Limitation on disclosure of safety information
(a) In General.--Except as provided by subsection (c), a
report, data, or other information described in subsection (b)
shall not be disclosed to the public by the Administrator of
the Federal Aviation Administration pursuant to section
552(b)(3)(B) of [title 5 if the report] title 5--
(1) if the report , data, or other information is
submitted to the Federal Aviation Administration
voluntarily and is not required to be submitted to the
Administrator under any other provision of law[.]; or
(2) if the report, data, or other information is
submitted to the Federal Aviation Administration
pursuant to section 2(d) of the Aircraft Certification
Reform and Accountability Act.
(b) Applicability.--The limitation established by subsection
(a) shall apply to the following:
(1) Reports, data, or other information developed
under the Aviation Safety Action Program.
(2) Reports, data, or other information produced or
collected under the Flight Operational Quality
Assurance Program.
(3) Reports, data, or other information developed
under the Line Operations Safety Audit Program.
(4) Reports, data, or other information produced or
collected for purposes of developing and implementing a
safety management system acceptable to the
Administrator.
(5) Reports, analyses, and directed studies, based in
whole or in part on reports, data, or other information
described in paragraphs (1) through (4), including
those prepared under the Aviation Safety Information
Analysis and Sharing Program (or any successor
program).
(c) Exception for De-identified Information.--
(1) In general.--The limitation established by
subsection (a) shall not apply to a report, data, or
other information if the information contained in the
report, data, or other information has been de-
identified.
(2) De-identified defined.--In this subsection, the
term ``de-identified'' means the process by which all
information that is likely to establish the identity of
the specific persons or entities submitting reports,
data, or other information is removed from the reports,
data, or other information.
Sec. 44736. Organization designation authorizations
(a) Delegations of Functions.--
(1) In general.--Except as provided in paragraph (3),
when overseeing an ODA holder, the Administrator of the
FAA shall--
(A) require, based on an application
submitted by the ODA holder and approved by the
Administrator (or the Administrator's
designee), a procedures manual that addresses
all procedures and limitations regarding the
functions to be performed by the ODA holder[;];
and
[(B) delegate fully to the ODA holder each of
the functions to be performed as specified in
the procedures manual, unless the Administrator
determines, after the date of the delegation
and as a result of an inspection or other
investigation, that the public interest and
safety of air commerce requires a limitation
with respect to 1 or more of the functions;]
[(C)] (B) conduct regular oversight
activities by inspecting the ODA holder's
delegated functions and taking action based on
validated inspection findings[; and].
[(D) for each function that is limited under
subparagraph (B), work with the ODA holder to
develop the ODA holder's capability to execute
that function safely and effectively and return
to full authority status.]
(2) Duties of oda holders.--An ODA holder shall--
(A) perform each specified function delegated
to the ODA holder in accordance with the
approved procedures manual for the delegation;
(B) make the procedures manual available to
each member of the appropriate ODA unit; and
(C) cooperate fully with oversight activities
conducted by the Administrator in connection
with the delegation.
(3) Existing oda holders.--With regard to an ODA
holder operating under a procedures manual approved by
the Administrator before the date of enactment of the
FAA Reauthorization Act of 2018, the Administrator
[shall--
[(A) at the request of the ODA holder and in
an expeditious manner, approve revisions to the
ODA holder's procedures manual;
[(B) delegate fully to the ODA holder each of
the functions to be performed as specified in
the procedures manual, unless the Administrator
determines, after the date of the delegation
and as a result of an inspection or other
investigation, that the public interest and
safety of air commerce requires a limitation
with respect to one or more of the functions;
[(C) conduct regular oversight activities by
inspecting the ODA holder's delegated functions
and taking action based on validated inspection
findings; and
[(D) for each function that is limited under
subparagraph (B), work with the ODA holder to
develop the ODA holder's capability to execute
that function safely and effectively and return
to full authority status.] shall conduct
regular oversight activities by inspecting the
ODA holder's delegated functions and taking
action based on validated inspection findings.
(b) ODA Office.--
(1) Establishment.--Not later than 120 days after the
date of enactment of this section, the Administrator of
the FAA shall identify, within the FAA Office of
Aviation Safety, a centralized policy office to be
known as the Organization Designation Authorization
Office or the ODA Office.
(2) Purpose.--The purpose of the ODA Office shall be
to provide oversight and ensure the consistency of the
FAA's audit functions under the ODA program across the
FAA.
(3) Functions.--The ODA Office shall--
(A) [(i) at the request of an ODA holder,
eliminate all limitations specified in a
procedures manual in place on the day before
the date of enactment of the FAA
Reauthorization Act of 2018 that are low and
medium risk as determined by a risk analysis
using criteria established by the ODA Office
and disclosed to the ODA holder, except where
an ODA holder's performance warrants the
retention of a specific limitation due to
documented concerns about inadequate current
performance in carrying out that authorized
function;]
[(ii)] (i) require, as appropriate, an ODA
holder to establish a corrective action plan to
regain authority for any retained limitations;
[(iii)] (ii) require, as appropriate, an ODA
holder to notify the ODA Office when all
corrective actions have been accomplished; and
[(iv)] (iii) when appropriate, make a
reassessment to determine if subsequent
performance in carrying out any retained
limitation warrants continued retention and, if
such reassessment determines performance meets
objectives, lift such limitation immediately;
[(B) improve FAA and ODA holder performance
and ensure full utilization of the authorities
delegated under the ODA program;]
[(C)] (B) develop a more consistent approach
to audit priorities, procedures, and training
under the ODA program;
[(D)] (C) review, in a timely fashion, a
random sample of limitations on delegated
authorities under the ODA program to determine
if the limitations are appropriate[;]; and
[(E)] (D) ensure national consistency in the
interpretation and application of the
requirements of the ODA program, including any
limitations, and in the performance of the ODA
program[; and].
[(F)] (E) at the request of an ODA holder,
review and, when appropriate, approve new
limitations to ODA functions.
(c) Periodic Reviews.--
(1) In general.--Not less than once every 7 years,
the Administrator shall conduct a comprehensive review
of the capability of each ODA holder for the design of
an aircraft, aircraft engine, propeller, or appliance
pursuant to a delegation by the Administrator under
section 44702(d) to meet the requirements of subpart D
of part 183 of title 14, Code of Federal Regulations,
based on the holder's organizational structures,
requirements applicable to officers and employees, and
safety culture.
(2) Contents of review.--A comprehensive review under
this subsection shall include an assessment of the
effectiveness of, and organization-wide adherence to,
an ODA holder's procedures manual and voluntary safety
reporting system.
[(c)] (d) Definitions.--In this section, the following
definitions apply:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) ODA holder.--The term ``ODA holder'' means an
entity authorized to perform functions pursuant to a
delegation made by the Administrator of the FAA under
section 44702(d).
(3) ODA unit.--The term ``ODA unit'' means a group of
2 or more individuals who perform, under the
supervision of an ODA holder, authorized functions
under an ODA.
(4) Organization.--The term ``organization'' means a
firm, partnership, corporation, company, association,
joint-stock association, or governmental entity.
(5) Organization designation authorization; oda.--The
term ``Organization Designation Authorization'' or
``ODA'' means an authorization by the FAA under section
44702(d) for an organization composed of 1 or more ODA
units to perform approved functions on behalf of the
FAA.
* * * * * * *
Sec. [44737.] 44740. Special rule for certain aircraft operations[.]
(a) In General.--The operator of an aircraft with a special
airworthiness certification in the experimental category may--
(1) operate the aircraft for the purpose of
conducting a space support vehicle flight (as that term
is defined in [chapter] section 50902 of title 51); and
(2) conduct such flight under such certificate
carrying persons or property for compensation or hire--
(A) notwithstanding any rule or term of a
certificate issued by the Administrator of the
Federal Aviation Administration that would
prohibit flight for compensation or hire; or
(B) without obtaining a certificate issued by
the Administrator to conduct air carrier or
commercial operations.
(b) Limited Applicability.--Subsection (a) shall apply only
to a space support vehicle flight that satisfies each of the
following:
(1) [(1)] The aircraft conducting the space support
vehicle flight--
(A) takes flight and lands at a single site
that is operated by an entity licensed for
operation under chapter 509 of title 51;
(B) is owned or operated by a launch or
reentry vehicle operator licensed under chapter
509 of title 51, or on behalf of a launch or
reentry vehicle operator licensed under chapter
509 of title 51;
(C) is a launch vehicle, a reentry vehicle,
or a component of a launch or reentry vehicle
licensed for operations pursuant to chapter 509
of title 51; and
(D) is used only to simulate space flight
conditions in support of--
(i) training for potential space
flight participants, government
astronauts, or crew (as those terms are
defined in chapter 509 of title 51);
(ii) the testing of hardware to be
used in space flight; or
(iii) research and development tasks,
which require the unique capabilities
of the aircraft conducting the flight.
(c) Rules of Construction.--
(1) Space support vehicles.--Section 44711(a)(1)
shall not apply to a person conducting a space support
vehicle flight under this section only to the extent
that a term of the experimental certificate under which
the person is operating the space support vehicle
prohibits the carriage of persons or property for
compensation or hire.
(2) Authority of administrator.--Nothing in this
section shall be construed to limit the authority of
the Administrator of the Federal Aviation
Administration to exempt a person from a regulatory
prohibition on the carriage of persons or property for
compensation or hire subject to terms and conditions
other than those described in this section.
Sec. 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.
Sec. 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.
Sec. 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, 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 20(b)(5) of the
Aircraft Certification Reform 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.
* * * * * * *
SUBPART IV--ENFORCEMENT AND PENALTIES
* * * * * * *
CHAPTER 463--PENALTIES
* * * * * * *
Sec. 46301. Civil penalties
(a) General Penalty.--(1) A person is liable to the United
States Government for a civil penalty of not more than $25,000
(or $1,100 if the person is an individual or small business
concern) for violating--
(A) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 411, chapter 413
(except sections 41307 and 41310(b)-(f)), chapter 415
(except sections 41502, 41505, and 41507-41509),
chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714), chapter 419, subchapter II or III of
chapter 421, chapter 423, chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 [(except
sections 44717 and 44719-44723)] (except sections
44704(a)(6), 44704(e)(4), 44717, and 44719-44723),
chapter 448, chapter 449 (except sections 44902,
44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f),
and 44908), chapter 451, section 47107(b) (including
any assurance made under such section), or section
47133 of this title;
(B) a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph
applies;
(C) any term of a certificate or permit issued under
section 41102, 41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service
under this part.
(2) A separate violation occurs under this subsection for
each day the violation (other than a violation of section
41719) continues or, if applicable, for each flight involving
the violation (other than a violation of section 41719).
(3) Penalty for diversion of aviation revenues.--The amount
of a civil penalty assessed under this section for a violation
of section 47107(b) of this title (or any assurance made under
such section) or section 47133 of this title may be increased
above the otherwise applicable maximum amount under this
section to an amount not to exceed 3 times the amount of
revenues that are used in violation of such section.
(4) Aviation security violations.--Notwithstanding paragraph
(1) of this subsection, the maximum civil penalty for violating
chapter 449 shall be $10,000; except that the maximum civil
penalty shall be $25,000 in the case of a person operating an
aircraft for the transportation of passengers or property for
compensation (except an individual serving as an airman).
(5) Penalties applicable to individuals and small business
concerns.--
(A) An individual (except an airman serving as an
airman) or small business concern is liable to the
Government for a civil penalty of not more than $10,000
for violating--
(i) chapter 401 (except sections 40103(a) and
(d), 40105, 40106(b), 40116, and 40117),
section 44502 (b) or (c), chapter 447 [(except
sections 44717-44723)] (except sections
44704(a)(6), 44704(e)(4), and 44717-44723),
chapter 448, chapter 449 (except sections
44902, 44903(d), 44904, and 44907-44909),
chapter 451, or section 46314(a) of this title;
or
(ii) a regulation prescribed or order issued
under any provision to which clause (i)
applies.
(B) A civil penalty of not more than $10,000 may be
imposed for each violation under paragraph (1)
committed by an individual or small business concern
related to--
(i) the transportation of hazardous material;
(ii) the registration or recordation under
chapter 441 of an aircraft not used to provide
air transportation;
(iii) a violation of section 44718(d),
relating to the limitation on construction or
establishment of landfills;
(iv) a violation of section 44725, relating
to the safe disposal of life-limited aircraft
parts; or
(v) a violation of section 40127 or section
41705, relating to discrimination.
(C) Notwithstanding paragraph (1), the maximum civil
penalty for a violation of section 41719 committed by
an individual or small business concern shall be $5,000
instead of $1,000.
(D) Notwithstanding paragraph (1), the maximum civil
penalty for a violation of section 41712 (including a
regulation prescribed or order issued under such
section) or any other regulation prescribed by the
Secretary of Transportation by an individual or small
business concern that is intended to afford consumer
protection to commercial air transportation passengers
shall be $2,500 for each violation.
(6) Failure To Collect Airport Security Badges.--
Notwithstanding paragraph (1), any employer (other than a
governmental entity or airport operator) who employs an
employee to whom an airport security badge or other identifier
used to obtain access to a secure area of an airport is issued
before, on, or after the date of enactment of this paragraph
and who does not collect or make reasonable efforts to collect
such badge from the employee on the date that the employment of
the employee is terminated and does not notify the operator of
the airport of such termination within 24 hours of the date of
such termination shall be liable to the Government for a civil
penalty not to exceed $10,000.
(7) Penalties Relating to Harm to Passengers With
Disabilities.--
(A) Penalty for bodily harm or damage to wheelchair
or other mobility aid.--The amount of a civil penalty
assessed under this section for a violation of section
41705 that involves damage to a passenger's wheelchair
or other mobility aid or injury to a passenger with a
disability may be increased above the otherwise
applicable maximum amount under this section for a
violation of section 41705 to an amount not to exceed 3
times the maximum penalty otherwise allowed.
(B) Each act constitutes separate offense.--
Notwithstanding paragraph (2), a separate violation of
section 41705 occurs for each act of discrimination
prohibited by that section.
(b) Smoke Alarm Device Penalty.--(1) A passenger may not
tamper with, disable, or destroy a smoke alarm device located
in a lavatory on an aircraft providing air transportation or
intrastate air transportation.
(2) An individual violating this subsection is liable to the
Government for a civil penalty of not more than $2,000.
(c) Procedural Requirements.--(1) The Secretary of
Transportation may impose a civil penalty for the following
violations only after notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this section or
chapter 411, chapter 413 (except sections 41307 and
41310(b)-(f)), chapter 415 (except sections 41502,
41505, and 41507-41509), chapter 417 (except sections
41703, 41704, 41710, 41713, and 41714), chapter 419,
subchapter II of chapter 421, chapter 423, or section
44909 of this title.
(B) a violation of a regulation prescribed or order
issued under any provision to which clause (A) of this
paragraph applies.
(C) a violation of any term of a certificate or
permit issued under section 41102, 41103, or 41302 of
this title.
(D) a violation under subsection (a)(1) of this
section related to the transportation of hazardous
material.
(2) The Secretary shall give written notice of the finding of
a violation and the civil penalty under paragraph (1) of this
subsection.
(d) Administrative Imposition of Penalties.--(1) In this
subsection--
(A) ``flight engineer'' means an individual who holds
a flight engineer certificate issued under part 63 of
title 14, Code of Federal Regulations.
(B) ``mechanic'' means an individual who holds a
mechanic certificate issued under part 65 of title 14,
Code of Federal Regulations.
(C) ``pilot'' means an individual who holds a pilot
certificate issued under part 61 of title 14, Code of
Federal Regulations.
(D) ``repairman'' means an individual who holds a
repairman certificate issued under part 65 of title 14,
Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration
may impose a civil penalty for a violation of chapter 401
(except sections 40103(a) and (d), 40105, 40106(b), 40116, and
40117), chapter 441 (except section 44109), section 44502(b) or
(c), chapter 447 [(except sections 44717 and 44719-44723)]
(except sections 44704(a)(6), 44704(e)(4), 44717, and 44719-
44723), chapter 448, chapter 451, section 46301(b), section
46302 (for a violation relating to section 46504), section
46318, section 46319, section 46320, or section 47107(b) (as
further defined by the Secretary of Transportation under
section 47107(k) and including any assurance made under section
47107(b)) of this title or a regulation prescribed or order
issued under any of those provisions. The Secretary of Homeland
Security may impose a civil penalty for a violation of chapter
449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A),
44907(d)(1)(C)-(f), 44908, and 44909), section 46302 (except
for a violation relating to section 46504), or section 46303 of
this title or a regulation prescribed or order issued under any
of those provisions. The Secretary of Homeland Security or
Administrator of the Federal Aviation Administration shall give
written notice of the finding of a violation and the penalty.
(3) In a civil action to collect a civil penalty imposed by
the Secretary of Homeland Security or Administrator of the
Federal Aviation Administration under this subsection, the
issues of liability and the amount of the penalty may not be
reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the
district courts of the United States have exclusive
jurisdiction of a civil action involving a penalty the
Secretary of Homeland Security or Administrator of the Federal
Aviation Administration initiates if--
(A) the amount in controversy is more than--
(i) $50,000 if the violation was committed by
any person before the date of enactment of the
Vision 100--Century of Aviation Reauthorization
Act;
(ii) $400,000 if the violation was committed
by a person other than an individual or small
business concern on or after that date; or
(iii) $50,000 if the violation was committed
by an individual or small business concern on
or after that date;
(B) the action is in rem or another action in rem
based on the same violation has been brought;
(C) the action involves an aircraft subject to a lien
that has been seized by the Government; or
(D) another action has been brought for an injunction
based on the same violation.
(5)(A) The Administrator of the Federal Aviation
Administration may issue an order imposing a penalty under this
subsection against an individual acting as a pilot, flight
engineer, mechanic, or repairman only after advising the
individual of the charges or any reason the Administrator of
the Federal Aviation Administration relied on for the proposed
penalty and providing the individual an opportunity to answer
the charges and be heard about why the order shall not be
issued.
(B) An individual acting as a pilot, flight engineer,
mechanic, or repairman may appeal an order imposing a penalty
under this subsection to the National Transportation Safety
Board. After notice and an opportunity for a hearing on the
record, the Board shall affirm, modify, or reverse the order.
The Board may modify a civil penalty imposed to a suspension or
revocation of a certificate.
(C) When conducting a hearing under this paragraph, the Board
is not bound by findings of fact of the Administrator of the
Federal Aviation Administration but is bound by all validly
adopted interpretations of laws and regulations the
Administrator of the Federal Aviation Administration carries
out and of written agency policy guidance available to the
public related to sanctions to be imposed under this section
unless the Board finds an interpretation is arbitrary,
capricious, or otherwise not according to law.
(D) When an individual files an appeal with the Board under
this paragraph, the order of the Administrator of the Federal
Aviation Administration is stayed.
(6) An individual substantially affected by an order of the
Board under paragraph (5) of this subsection, or the
Administrator of the Federal Aviation Administration when the
Administrator of the Federal Aviation Administration decides
that an order of the Board under paragraph (5) will have a
significant adverse impact on carrying out this part, may
obtain judicial review of the order under section 46110 of this
title. The Administrator of the Federal Aviation Administration
shall be made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if supported by
substantial evidence.
(7)(A) The Administrator of the Federal Aviation
Administration may impose a penalty on a person (except an
individual acting as a pilot, flight engineer, mechanic, or
repairman) only after notice and an opportunity for a hearing
on the record.
(B) In an appeal from a decision of an administrative law
judge as the result of a hearing under subparagraph (A) of this
paragraph, the Administrator of the Federal Aviation
Administration shall consider only whether--
(i) each finding of fact is supported by a
preponderance of reliable, probative, and substantial
evidence;
(ii) each conclusion of law is made according to
applicable law, precedent, and public policy; and
(iii) the judge committed a prejudicial error that
supports the appeal.
(C) Except for good cause, a civil action involving a penalty
under this paragraph may not be initiated later than 2 years
after the violation occurs.
(D) In the case of a violation of section 47107(b) of this
title or any assurance made under such section--
(i) a civil penalty shall not be assessed against an
individual;
(ii) a civil penalty may be compromised as provided
under subsection (f); and
(iii) judicial review of any order assessing a civil
penalty may be obtained only pursuant to section 46110
of this title.
(8) The maximum civil penalty the Administrator of the
Transportation Security Administration, Administrator of the
Federal Aviation Administration, or Board may impose under this
subsection is--
(A) $50,000 if the violation was committed by any
person before the date of enactment of the Vision 100--
Century of Aviation Reauthorization Act;
(B) $400,000 if the violation was committed by a
person other than an individual or small business
concern on or after that date; or
(C) $50,000 if the violation was committed by an
individual or small business concern on or after that
date.
(9) This subsection applies only to a violation occurring
after August 25, 1992.
(e) Penalty Considerations.--In determining the amount of a
civil penalty under subsection (a)(3) of this section related
to transportation of hazardous material, the Secretary of
Transportation shall consider--
(1) the nature, circumstances, extent, and gravity of
the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(3) other matters that justice requires.
(f) Compromise and Setoff.--(1)(A) The Secretary may
compromise the amount of a civil penalty imposed for
violating--
(i) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 [(except
sections 44717 and 44719-44723)] (except sections
44704(a)(6), 44704(e)(4), 44717, and 44719-44723),
chapter 448, chapter 449 (except sections 44902,
44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f),
44908, and 44909), or chapter 451 of this title; or
(ii) a regulation prescribed or order issued under
any provision to which clause (i) of this subparagraph
applies.
(B) The Postal Service may compromise the amount of a civil
penalty imposed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty
imposed or compromised under this subsection from amounts it
owes the person liable for the penalty.
(g) Judicial Review.--An order of the Secretary or the
Administrator of the Federal Aviation Administration imposing a
civil penalty may be reviewed judicially only under section
46110 of this title.
(h) Nonapplication.--(1) This section does not apply to the
following when performing official duties:
(A) a member of the armed forces of the United
States.
(B) a civilian employee of the Department of Defense
subject to the Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for
taking necessary disciplinary action and submitting to the
Secretary (or the Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration or the Administrator of
the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration) a timely
report on action taken.
(i) Small Business Concern Defined.--In this section, the
term ``small business concern'' has the meaning given that term
in section 3 of the Small Business Act (15 U.S.C. 632).
* * * * * * *
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