,,ii #aafth ,,congress #b;d ,session ,s4 #chff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #b1 #bjbj,mr4 ,wicker 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 improve the ,federal ,aviation ,administration's aircraft certification process1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,aircraft ,safety ,improvement ,act of #bjbj4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,sec4 #d4 ,safety management system for manufacturers4,sec4 #e4 ,best practices for ,organization ,designation ,authorizations4,sec4 #f4 ,review of human factors assumptions4,sec4 #g4 ,human factors research plan4,sec4 #h4 ,certification pilot operational evaluations4,sec4 #i4 ,review of ,,faa certification expertise4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,,faa4 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#c7 ,,faa ,the term ,,faa means the ,federal ,aviation ,administration4 #d4 ,safety management system for manufacturers 7a7 ,rulemaking proceeding 7#a7 ,in general ,the ,administrator shall conduct a rulemaking proceeding to require that manufacturers that hold both a type certificate and a production certificate issued pursuant to section #ddgjd of title #di1 ,united ,states ,code1 where the ,united ,states is the ,state of ,design and ,state of ,manufacture1 have in place a safety management system that is consistent with the standards established by the ,international ,civil ,aviation ,organization for such systems4 7#b7 ,aviation rulemaking committee ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall establish an aviation rulemaking committee to make recommendations on the rulemaking to be carried out under paragraph 7#a74 7b7 ,final rule deadline ,not later than #bd months after establishing the aviation rulemaking committee under subsection 7a77#b71 the ,administrator shall issue a final rule pursuant to the rulemaking proceeding required under subsection 7a74 7c7 ,surveillance and audit requirement ,the final rule issued pursuant to subsection 7b7 shall include a requirement for the ,administrator to implement a documented surveillance process by defining and planning inspections1 audits1 and monitoring activities on a continuous basis1 to ensure that design and production approval holders of aviation products meet and continue to meet safety management system requirements under the rule4 #e4 ,best practices for ,organization ,designation ,authorizations 7a7 ,in general ,section #bac of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed1 #acb ,stat4 #cbdi7 is amended-- 7#a7 by striking subsection 7g72 7#b7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 7#c7 by inserting after subsection 7b71 the following3 7c7 ,best practices review ,in addition to conducting the survey required under subsection 7b71 the ,panel shall conduct a review of all ,,oda holders to identify and develop best practices4 ,at a minimum1 the best practices shall address preventing and deterring instances of undue pressure on or by an ,,oda unit member1 within an ,,oda unit1 or by an ,,oda holder1 or instances of perceived regulatory coziness or other failures to maintain independence between the ,,faa and an ,,oda holder or ,,oda unit member4 ,in carrying out such review1 the ,panel shall-- 7#a7 examine other government regulated industries to gather lessons learned1 procedures1 or processes that address undue pressure of employees1 perceived regulatory coziness1 or other failures to maintain independence2 7#b7 identify ways to improve communications between an ,,oda unit1 ,,oda unit members1 and ,,faa engineers and inspectors1 in order to enable direct communication of technical concerns that arise during a certification project without fear of reprisal to the ,,oda unit or ,,oda unit member2 and 7#c7 examine the ,,faa ,designee ,program1 including the assignment of ,,faa advisors to designees1 to determine which components of the program may improve the ,,faa's oversight of ,,oda units1 ,,oda unit members1 and the ,,oda program4 2 7#d7 in subsection 7d7 7as redesignated by paragraph 7#b77-- 7,a7 in paragraph 7#e71 by striking and after the semicolon at the end2 7,b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#g7 the results of the review conducted under subsection 7c74 2 and 7#e7 by inserting after subsection 7g7 7as redesignated by paragraph 7#b771 the following3 7h7 ,best practices adoption 7#a7 ,in general ,subject to paragraph 7#b71 not later than #ahj days after the date on which the ,administrator receives the report required under subsection 7e71 the ,administrator shall establish best practices for all ,,oda holders and require such practices to be incorporated into each ,,oda holder's approved procedures manual4 7#b7 ,notice and comment period ,the ,administrator shall publish the established best practices for public notice and comment for not fewer than #fj days prior to requiring the practices be incorporated into each ,,oda holder's approved procedures manual4 7i7 ,sunset ,the ,panel shall terminate on the earlier of-- 7#a7 the date of submission of the report under subsection 7e72 or 7#b7 the date that is #b years after the date on which the ,panel is first convened under subsection 7a74 4 7b7 ,procedures manual ,section #ddgcf7;b77#c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,e71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,g7 ensure the ,,oda holders procedures manual contains procedures and policies based on best practices established by the ,administrator of the ,,faa to mitigate undue pressure and regulatory coziness or other failures to maintain independence4 4 #f4 ,review of human factors assumptions 7a7 ,human factors in certification ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall initiate a review and may1 after such review and as necessary1 revise existing regulations and policies1 including but not limited to sections #be4acjb1 #be4acji1 and #be4acbb of title #ad1 ,code of ,federal ,regulations1 to integrate and emphasize human factors and human system integration1 particularly those related to pilot and aircraft interfaces4 7b7 ,review ,in carrying out subsection 7a71 the ,administrator shall-- 7#a7 review existing assumptions on pilot recognition and response as part of the certification process2 7#b7 validate such assumptions with applicable human factors research1 and as necessary modify the existing assumptions2 7#c7 ensure that when carrying out the certification of a new aircraft type1 including a supplemental or amended type1 the cumulative impact that new technologies may have on pilot response are properly assessed2 and 7#d7 ensure that any action carried out under this subsection accounts for the necessary adjustments to pilot training needs4 7c7 ,report ,not later than #ahj days after completing the review required under subsection 7a71 the ,administrator shall submit a report to the appropriate committees of ,congress detailing the results of the review and what revisions or other changes were made as a result of such review4 #g4 ,human factors research plan 7a7 ,human factors research plan ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator1 in consultation with aircraft manufacturers1 operators1 and pilots1 and in coordination with the ,administrator of the ,national ,aeronautics and ,space ,administration1 shall develop a research plan to address the integration of human factors in the design and certification of transport category aircraft4 7b7 ,requirements ,in developing the research plan under subsection 7a71 the ,administrator shall-- 7#a7 establish goals for research and continuing education in areas of study relevant to advancing technology1 improving design1 engineering1 and certification practices1 and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automation in aircraft operations2 7#b7 take into consideration and leverage any existing or planned research that is conducted by or conducted in partnership with the ,,faa2 and 7#c7 focus on-- 7,a7 preventing a recurrence of the types of recent accidents that have involved large transport category airplanes designed and manufactured in the ,united ,states2 and 7,b7 increasingly complex aircraft systems and designs4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as may be necessary to carry out this section4 #h4 ,certification pilot operational evaluations 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall revise existing policies for manufacturers of large transport category airplanes that are expected to be operated for passenger air transportation under part #aba of title #ad1 ,code of ,federal ,regulations1 to ensure that pilot operational evaluations for airplanes that are in the process of being certified use pilots from foreign and domestic air carriers that are expected to operate such airplanes4 7b7 ,requirement ,the air carrier pilots used for such evaluations shall include a representative sample of such carriers' pilots with respect to levels of experience4 #i4 ,review of ,,faa certification expertise 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 and without duplicating any recently completed or ongoing reviews1 the ,administrator shall initiate a review of-- 7#a7 the inspectors1 engineers1 managers1 and executives in the ,,faa who are responsible for the certification of the design1 manufacture1 and operation of transport category aircraft for purposes of determining whether the ,,faa has the expertise and capability to adequately understand the safety implications of1 and oversee the adoption of1 new or innovative technologies1 materials1 and procedures that designers and manufacturers of such aircraft may adopt or introduce2 and 7#b7 the ,chief ,scientific and ,technical ,advisors program to determine whether the program should be enhanced or expanded to bolster and support the ,,faa's aircraft certification and safety programs1 particularly with respect to understanding the safety implications of new or innovative technologies1 materials1 and procedures1 that designers and manufacturers of such aircraft may adopt or introduce4 7b7 ,outside experts permitted ,the ,administrator may use experts outside of the ,,faa to conduct or assist in the review required by subsection 7a74 7c7 ,deadline for completion ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall complete the review required by subsection 7a74 7d7 ,briefing ,not later than #cj days after the completion of the review required by subsection 7a71 the ,administrator shall brief the appropriate committees of ,congress on the results of the review and any other related review4 ,the briefing shall include the following3 7#a7 ,an analysis of the ,,faa's ability to hire safety inspectors1 engineers1 managers1 executives1 scientists1 and technical advisors1 who have the requisite expertise to oversee new developments in aerospace design and manufacturing4 7#b7 ,a plan for the ,,faa to improve the overall expertise of the ,,faa's personnel who are responsible for the oversight of the design and manufacture of transport category aircraft4 7#c7 ,recommendations for such legislation1 if any1 as the ,administrator determines necessary to carry out the plan required under paragraph 7#b74