,,ii #aafth ,,congress #b;d ,session ,s4 #cccg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #be1 #bjbj,mr4 ,blumenthal 7for himself1 ,mr4 ,markey1 and ,mr4 ,udall7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to require more accountability in the airline industry1 and for other purposes4 #a4 ,short title2 table of contents2 definition 7a7 ,short title ,this ,act may be cited as the ,restoring ,aviation ,accountability ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 definition4,sec4 #b4 ,compensation and bonus accountability4,sec4 #c4 ,independent aircraft type certificate review panel4,sec4 #d4 ,increased and targeted oversight of organization designation authorizations4,sec4 #e4 ,domestic and international aircraft sales4,sec4 #f4 ,whistleblower incentives and protections4,sec4 #g4 ,additional requirements for organization designation authorizations4,sec4 #h4 ,preserving ,,faa control of delegation oversight authority4,sec4 #i4 ,operational suitability of the design4,sec4 #aj4 ,flight simulator training4,sec4 #aa4 ,commission on improving the ,organization ,designation ,authorization program4,sec4 #ab4 ,implementation of recommendations of the ,boeing #gcg ,,max ,flight ,control ,system ,joint ,authorities ,technical ,review 7,,jatr74 7c7 ,definition ,in this ,act1 the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 #b4 ,compensation and bonus accountability 7a7 ,,faa appointees1 executives1 and senior professionals ,section #djabb7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking restriction and inserting restrictions2 7#b7 by striking ,no officer and inserting the following3 7#a7 ,in general ,no officer 2 and 7#c7 by adding at the end the following3 7#b7 ,executive compensation ,not later than #ahj days after the date of enactment of this paragraph1 the ,administrator shall revise the ,executive ,compensation ,plan to ensure that no pay1 bonus1 or other compensation for an officer or employee of the ,administration subject to such ,plan is contingent on delivery of airplanes1 the number of aircraft certified1 or the number of audits completed4 4 7b7 ,,oda unit members ,section #ddgcf7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking paragraph 7#c7 and inserting paragraphs 7#c7 and 7#d72 and 7#b7 by adding at the end the following3 7#d7 ,,oda unit performance standards ,the procedures manual for any ,,oda holder1 whether approved by the ,administrator before1 on1 or after the date of enactment of the ,restoring ,aviation ,accountability ,act of #bjbj1 shall be deemed to be not approved1 unless1 not later than #ahj days after the date of enactment of this paragraph1 the ,,oda holder certifies to the ,administrator that the procedures manual the ,,oda holder operates under prohibits delivery of airplanes from being a performance standard for any individual who is a member of an ,,oda unit4 4 #c4 ,independent aircraft type certificate review panel 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall issue interim final regulations under title #ad1 ,code of ,federal ,regulations1 establishing an independent aircraft type certificate review panel 7in this section referred to as the panel7 that meets the requirements of this section4 7b7 ,membership ,the panel membership shall include #ah representatives1 including-- 7#a7 #e members who are aviation safety professionals1 at least #b of whom are members of a nonprofit pilot labor organization 7which may include a labor organization representing pilots for cargo and passenger air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations7 and at least #a of whom is a member of a nonprofit flight attendant labor organization 7which may include an authorized representative for flight attendants of passenger air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations72 7#b7 #d members who are ,federal ,aviation ,administration ,aviation ,safety ,inspectors or collective bargaining representatives of such inspectors2 7#c7 #c members who are pilots responsible for setting training standards and flight operational procedures at the airlines intending to operate the aircraft being reviewed and that employ them2 7#d7 #c members who are frontline maintenance aviation inspector professionals from a nonprofit labor organization2 and 7#e7 #c members who represent the covered manufacturers4 7c7 ,duties ,the panel shall-- 7#a7 review each aircraft type certificate issued after the date of enactment of this ,act by the ,administrator every #e years after the date of the issuance or review of the certificate1 as applicable2 7#b7 review any amendment to an existing type certificate made after the date of enactment of this ,act2 and 7#c7 not later than #f months after each such review1 issue a recommendation regarding whether an application for a new aircraft type certificate should be submitted to the ,administrator as a result of changes or proposed changes in the design1 power1 thrust1 or weight of the aircraft 7regardless of how extensive74 7d7 ,new application required ,if1 after review of a type certificate application for a covered aircraft1 the panel recommends to the ,administrator that the covered manufacturer of the covered aircraft should apply for a new type certificate1 and the ,administrator accepts the recommendation1 the type certificate so reviewed shall no longer be considered airworthy as of the date the ,administrator accepts the recommendation and any further operation of the covered aircraft shall be unlawful until a new type certificate is issued for the covered aircraft4 7e7 ,publication of recommendation results ,the ,administrator shall make the recommendations produced under this section available to the public in a searchable1 sortable1 and downloadable format through the internet website of the ,federal ,aviation ,administration or other appropriate methods and shall ensure that the data are made available in a manner that-- 7#a7 does not provide identifying information regarding an individual or entity2 and 7#b7 prevents inappropriate disclosure of proprietary information4 7f7 ,definitions ,in this section3 7#a7 ,covered aircraft ,the term covered aircraft means a transport-category aircraft operating under a type certificate issued under part #aba or #ace1 or both1 of title #ad1 ,code of ,federal ,regulations4 7#b7 ,covered manufacturer ,the term covered manufacturer means an entity that manufactures or otherwise produces aircraft and holds a production certificate under section #ddgjd7;c7 of title #di1 ,united ,states ,code4 #d4 ,increased and targeted oversight of organization designation authorizations 7a7 ,in general ,section #ddgcf7;b77#c77;,c7 of title #di1 ,united ,states ,code1 is amended by inserting that includes a comprehensive1 independent audit of ,,oda practices1 as well as a review of recommendations and actions of the organization management team responsible for overseeing the ,,oda holder and of safety management initiatives1 at least once every #c years1 regardless of the length of time an entity has been an authorized ,,oda holder before the semicolon4 7b7 ,public availability of audits and reviews ,section #ddgcf7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,publication of audit and review results ,not later than #cj days after the completion of each audit and review conducted in accordance with paragraph 7#c77;,c71 the ,administrator shall submit the results of the audit and review to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 4 #e4 ,domestic and international aircraft sales 7a7 ,aircraft certification 7#a7 ,requirement ,as part of the aircraft certification process for any aircraft sold after the date of enactment of this ,act1 the ,administrator-- 7,a7 shall require covered manufacturers to submit information regarding whether an aircraft is going to be sold to a domestic or foreign air carrier1 including the potential need for additional training materials1 operating and maintenance procedures1 simulator training1 minimum flight experience requirements in a transport category aircraft1 or modifications to the airplane manual as a result of the sale to the air carrier1 the countries in which the aircraft is expected to be operated during the first #e years after such sale1 or both2 and 7,b7 shall not deem sellable any aircraft sold after the date of enactment of this ,act until the ,administrator has determined1 based on the information submitted in accordance with subparagraph 7,a71 that all necessary additional training materials1 operating and maintenance procedures1 simulator training1 minimum flight experience requirements in a transport category aircraft1 or modifications to the airplane manual will be provided by the covered manufacturer as part of the sale of the aircraft to the air carrier4 7#b7 ,rulemaking ,not later than #f months after the date of enactment of this ,act1 the ,administrator shall issue interim final regulations that implement the requirements of this section4 7b7 ,flight ,standardization ,board standards ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall petition the ,international ,civil ,aviation ,organization to require that the country in which an aircraft is granted an initial flight certificate shall be the lead country for purposes of setting the ,flight ,standardization ,board standards for the aircraft4 7c7 ,required compliance with applicable international safety standards ,an aircraft that is manufactured in the ,united ,states may not be sold after the date of enactment of this ,act to a foreign air carrier unless the ,administrator has determined1 through an assessment under the ,international ,aviation ,safety ,assessment 7,,iasa7 program1 that such country is in compliance with safety standards established by the ,international ,civil ,aviation ,organization 7,,icao74 7d7 ,definitions ,in this section3 7#a7 ,air carrier ,the term has the meaning given that term in paragraph 7#b7 of section #djajb of title #di1 ,united ,states ,code1 and includes a foreign air carrier1 as defined in paragraph 7#ba7 of such section4 7#b7 ,aircraft ,the term aircraft has the meaning given that term in paragraph 7#f7 of section #djajb of title #di1 ,united ,states ,code4 7#c7 ,covered manufacturer ,the term covered manufacturer means an entity that manufactures or otherwise produces aircraft and holds a production certificate under section #ddgjd7;c7 of title #di1 ,united ,states ,code4 #f4 ,whistleblower incentives and protections ,section #dbaba of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b71 by adding at the end the following3 7,c7 ,judicial cause of action ,if the ,secretary has not issued a final decision within #ahj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the complainant1 a person may seek relief by bringing an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 ,such an action shall1 at the request of either party to the action1 be tried by the court with a jury4 2 and 7#b7 by adding at the end the following3 7f7 ,application to other individuals ,the whistleblower protections afforded under the preceding subsections of this section shall apply to the following individuals in the same manner and to the same extent as such protections apply to an employee described in subsection 7a73 7#a7 ,employees1 contractors1 and subcontractors of any entity that manufactures or otherwise produces aircraft and holds a production certificate under section #ddgjd7;c7 of title #di1 ,united ,states ,code4 7#b7 ,employees1 contractors1 and subcontractors of any repair station operating under part #ade of title #ad1 ,united ,states ,code4 7#c7 ,employees1 contractors1 and subcontractors of the ,federal ,aviation ,administration4 7g7 ,application of motor vehicle safety incentives and protections ,the incentives and protections afforded under section #cjagb to an employee or contractor of a motor vehicle manufacturer1 part supplier1 or dealership shall apply in the same manner and to the same extent to individuals described in subsections 7a7 and 7f7 of this section4 7h7 ,rights retained by employee ,nothing in this section shall be deemed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 or under any collective bargaining agreement4 7i7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes 7#a7 ,waiver of rights and remedies ,the rights and remedies provided for in this section may not be waived by any agreement1 policy form1 or condition of employment1 including by a predispute arbitration agreement4 7#b7 ,predispute arbitration agreements ,no predispute arbitration agreement shall be valid or enforceable1 if the agreement requires arbitration of a dispute arising under this section4 4 #g4 ,additional requirements for organization designation authorizations 7a7 ,issuance of certificates 7#a7 ,in ,general ,section #ddgjb7;d7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by striking subparagraph 7,b7 and by inserting the following3 7,b7 any other matter relating to issuing the certificate other than the final authority for approving the issuing of the certificate4 2 and 7,b7 by adding at the end the following3 7#d7 ,an employee of a qualified private person may not be provided a delegation under paragraph 7#a7 unless that employee has first been approved by the ,administrator 7under a process determined appropriate by the ,administrator74 7#e7 ,a qualified private person or a delegated employee of a qualified private person 7as applicable7 shall sign1 under penalty of perjury1 each certificate issued under paragraph 7#a77;,b7 by that person or employee4 4 7#b7 ,clarification ,the amendments made by paragraph 7#a7 shall have no effect on any certificate issued prior to the date of the enactment of this ,act by a private person1 or an employee under the supervision of that person1 pursuant to such section #ddgjb7;d74 7b7 ,other functions ,section #ddgcf7;a7 of title #di1 ,united ,states ,code1 as amended by section #b7;b71 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking and 7#d7 and inserting 1 7#d71 and 7#e72 and 7#b7 by adding at the end the following3 7#e7 ,additional requirements ,in overseeing any ,,oda holder1 regardless of whether the ,,oda holder operates under a procedures manual approved by the ,administrator before1 on1 or after the date of enactment of the ,restoring ,aviation ,accountability ,act of #bjbj1 the ,administrator shall-- 7,a7 identify and establish prerequisites1 such as minimum work experience1 education1 and license requirements1 for members of ,,oda units for each delegated function2 7,b7 require that1 in order to be approved to be a member of an ,,oda unit1 an individual must be nominated by the individual's employer to serve as a delegated representative of the ,,faa and under the direction of the ,,faa in a specific field or skill code and the nomination must identify the unique skill1 education1 and work experience that the employer believes uniquely qualifies the individual to serve as a delegated ,,faa representative for that field or skill code2 7,c7 not approve any individual as a delegated ,,faa representative for a function unless the individual meets the prerequisites established by the ,administrator for that function2 7,d7 provide specific training to the individuals approved to serve as a delegated representative of the ,,faa in a specific field or skill code that explains the individual's role and responsibility and limits of authority when acting as a delegated ,,faa representative2 7,e7 be the final authority for any type certificate issuance2 and 7,f7 not delegate final authority for any type certificate issuance4 4 7c7 ,cost recovery matrix 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall study1 develop1 and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a proposed cost recovery matrix that may be applied to any company or organization seeking product type certification from the ,administrator4 7#b7 ,public comment period required ,before developing the proposed cost recovery matrix required under paragraph 7#a71 the ,secretary of ,transportation shall provide a #ij-;day period for public comment on the proposed development of such a matrix4 #h4 ,preserving ,,faa control of delegation oversight authority ,section #ddgcf7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 delegate to the ,,oda holder the functions to be performed as specified in the procedures manual1 unless the ,administrator determines that the public interest and safety of air commerce requires a limitation with respect to #a or more of the functions2 and 2 7,b7 in subparagraph 7,c71 by striking 2 and and inserting a period2 and 7,c7 by striking subparagraph 7,d72 and 7#b7 in paragraph 7#c7-- 7,a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 delegate to the ,,oda holder the functions to be performed as specified in the procedures manual1 unless the ,administrator determines that the public interest and safety of air commerce requires a limitation with respect to #a or more of the functions2 and 2 7,b7 in subparagraph 7,c71 by striking 2 and and inserting a period2 and 7,c7 by striking subparagraph 7,d74 #i4 ,operational suitability of the design ,not later than #ab months after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 evaluate and compare the efficacy of international aircraft certification systems that include approval of operational requirements in the certification basis for the issuance of an aircraft type certificate1 including the approval process for such requirements under the aircraft certification system of the ,european ,union ,aviation ,safety ,agency1 with the approval process for such requirements under the aircraft certification system adhered to in the ,united ,states2 and 7#b7 revise applicable regulations to the extent necessary so as-- 7,a7 to make the process for approval of operational requirements in the certification basis for the issuance of an aircraft type certificate in the ,united ,states as consistent as practicable with the process and requirements of international aircraft certification systems2 and 7,b7 to require approval of operational requirements part of the certification basis for the issuance of an aircraft type certificate for any ,u4,s4 ,state of ,design aircraft4 #aj4 ,flight simulator training ,effective on the date that is #ahj days after enactment of this ,act1 the ,administrator shall be prohibited from granting an exemption for the use of a non-motion training device to replace a full motion simulator for validation1 qualification1 checking1 or evaluation events1 and significant training leading up these events1 under part #fj of title #ad1 ,code of ,federal ,regulations4 #aa4 ,commission on improving the ,organization ,designation ,authorization program 7a7 ,in general ,no later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation 7in this section referred to as the ,secretary7 shall establish a commission that shall study and make recommendations to the ,secretary regarding the organization designation authorization program authorized under sections #ddgjb7;d7 and #ddgcf of title #di1 ,united ,states ,code1 and regulations promulgated thereunder 7in this section referred to as the ,,oda program74 7b7 ,membership ,the commission shall be made up of representatives of the following organizations3 7#a7 ,nonprofit pilot labor organizations1 including labor organizations representing pilots for cargo and passenger air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations4 7#b7 ,nonprofit flight attendant labor organizations1 including an authorized representative for flight attendants of passenger air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations4 7#c7 ,federal ,aviation ,administration ,aviation ,safety ,inspectors or collective bargaining representatives of such inspectors4 7#d7 ,air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations4 7#e7 ,frontline maintenance aviation inspector professionals from a nonprofit labor organization4 7c7 ,duties ,the commission established under this section shall-- 7#a7 study all aspects of the ,,oda program1 including with respect to the effectiveness of the ,,oda program in prioritizing passenger safety2 7#b7 identify and consider options for targeted improvements to the ,,oda program or for transitioning the ,,oda program to an alternative certification program with a more robust system of oversight2 7#c7 identify barriers to1 and the feasibility of1 implementing the options identified under paragraph 7#b72 and 7#d7 develop recommendations for the ,secretary based on the results of the issues examined by the commission4 7d7 ,report ,not later than #a year after the date on which the commission is established under this section1 the commission shall submit to the ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 a report on the issues examined by the commission that includes the recommendations developed under subsection 7c77#d74 #ab4 ,implementation of recommendations of the ,boeing #gcg ,,max ,flight ,control ,system ,joint ,authorities ,technical ,review 7,,jatr7 7a7 ,deadlines ,the ,administrator-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 shall begin implementing each of the recommendations specified in subsection 7b7 in accordance with the description of1 and explanation for1 each such recommendation set forth in the ,boeing #gcg ,,max ,flight ,control ,system ,observations1 ,findings1 and ,recommendations of the ,joint ,authorities ,technical ,review submitted to the ,associate ,administrator for ,aviation ,safety1 ,u4,s4 ,federal ,aviation ,administration on ,october #aa1 #bjai2 and 7#b7 not later than every #fj days thereafter until every such recommendation is fully implemented1 shall submit a progress report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives detailing the progress made in implementing each such recommendation4 7b7 ,recommendations specified ,the recommendations specified in this subsection are the following3 7#a7 ,recommendation ,r#b1 relating to the development and use of up-to-date requirements and practices1 including but not limited to each of the supporting recommendations ,r#b4a through ,r#b4aj4 7#b7 ,recommendation ,r#c1 relating to the consistent interpretation and application of requirements1 including but not limited to each of the supporting recommendations ,r#c4a through ,r#c4ag4 7#c7 ,recommendation ,r#d1 relating to changes during the certification process1 including but not limited to each of the supporting recommendations ,r#d4a through ,r#d4f4 7#d7 ,recommendation ,r#e1 relating to the delegation of certification authority1 including but not limited to each of the supporting recommendations ,r#e4a through ,r#e4g4 7#e7 ,recommendation ,r#aj1 relating to the impact of product design changes on flight crew training1 including but not limited to each of the supporting recommendations ,r#aj4a through ,r#aj4e4 7#f7 ,recommendation ,r#aa1 relating to the impact of product design changes on maintenance training1 including but not limited to each of the supporting recommendations ,r#aa4a through ,r#aa4b4 7#g7 ,recommendation ,r#ab1 relating to post-certification corrective actions and data sharing1 including but not limited to each of the supporting recommendations ,r#ab4a through ,r#ab4d4