,,ii #aafth ,,congress #b;d ,session ,s4 #cifi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #af1 #bjbj,mr4 ,wicker 7for himself and ,ms4 ,cantwell7 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 reform the ,federal ,aviation ,administration's aircraft certification process1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,aircraft ,safety and ,certification ,reform ,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 ,organization designation authorization4,sec4 #f4 ,best practices for organization designation authorizations4,sec4 #g4 ,review of human factors assumptions4,sec4 #h4 ,human factors research4,sec4 #i4 ,,faa center of excellence for flight automation and human factors in aircraft4,sec4 #aj4 ,certification pilot operational evaluations4,sec4 #aa4 ,,faa continuing education and training4,sec4 #ab4 ,authorization of appropriations for scientific and technical advisors4,sec4 #ac4 ,prohibition on certain performance-based incentives4,sec4 #ad4 ,safety reporting program4,sec4 #ae4 ,protection of whistleblowers4,sec4 #af4 ,repeal of design and production organization certificate authority4,sec4 #ag4 ,ensuring appropriate responsibility of aircraft certification and flight standards performance objectives and metrics4,sec4 #ah4 ,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 ,organization designation authorization 7a7 ,approval of ,,oda unit members ,section #ddgcf of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,approval of ,,oda unit members 7#a7 ,in general ,beginning on the date that is #a year after the date of enactment of this subsection1 each individual who is a new member of an ,,oda unit of an ,,oda holder and performs an authorized function pursuant to a delegation by the ,administrator under section #ddgjb7;d7 shall be an employee1 a contractor1 or the employee of a supplier of the ,,oda holder who is approved to be a member of the unit by the ,administrator4 ,the ,,oda holder may make provisional appointments of ,,oda unit members pending final approval by the ,administrator4 ,the ,administrator shall approve or reject appointments within #abj days4 7#b7 ,qualifications ,in approving appointments to an ,,oda unit1 the ,administrator shall take into account the technical proficiency and expertise of individuals4 ,the ,administrator shall issue minimum qualifications for ,,oda members that are subject to approval by the ,administrator pursuant to paragraph 7#a74 7#c7 ,rescission of approval ,the ,administrator may rescind an approval of an appointment to a ,,oda unit at any time for any reason the ,administrator considers appropriate4 ,the ,administrator shall develop procedures to provide for proper notice and opportunity to appeal rescission decisions made by the ,administrator4 ,such decisions by the ,administrator are not subject to judicial review4 7#d7 ,records and reports ,an ,,oda holder shall maintain1 for a period to be determined by the ,administrator-- 7,a7 any data1 applications1 records1 or manuals required by the ,,oda holder's approved procedures manual1 as determined by the ,administrator2 7,b7 the names1 responsibilities1 qualifications1 and example signature of each member of the ,,oda unit who performs an authorized function pursuant to a delegation by the ,administrator under section #ddgjb7;d72 7,c7 training records for ,,oda unit members and ,,oda administrators2 and 7,d7 any other data1 applications1 records1 or manuals determined appropriate by the ,administrator4 7#e7 ,audits 7,a7 ,in general ,the ,administrator shall perform a periodic audit of each ,,oda unit and its procedures4 7,b7 ,duration ,an audit required under subparagraph 7,a7 shall be performed with respect to an ,,oda holder once every #c years 7or more frequently as determined appropriate by the ,administrator74 7,c7 ,records ,the ,,oda holder shall maintain1 for a period to be determined by the ,administrator1 a record of-- 7i7 each audit conducted under this paragraph2 and 7ii7 any corrective actions resulting from each such audit4 7e7 ,federal aviation safety advisors ,for ,,oda holders that are manufacturers that hold both a type and a production certificate for transport category airplanes with a maximum takeoff gross weight greater than #aej1jjj pounds and manufacturers of engines for such airplanes1 the ,administrator shall assign ,,faa aviation safety engineers or inspectors with appropriate expertise to be advisors to the ,,oda unit members that are authorized to make findings of compliance on behalf of the ,administrator4 ,advisors shall communicate with assigned unit members on an ongoing basis to ensure that they are knowledgeable of relevant ,,faa policies and acceptable methods of compliance and shall monitor their performances to ensure consistency with those policies4 7f7 ,communication with the ,,faa ,neither the ,administrator nor an ,,oda holder may prohibit an ,,oda unit member from communicating with1 or seeking the advice of1 the ,administrator or ,,faa staff4 4 7b7 ,report ,not later than ,september #cj1 #bjbb1 the ,administrator shall submit to the appropriate committees of ,congress a report on the implementation of subsections 7d7 through 7f7 of section #ddgcf of title #di1 ,united ,states ,code1 as added by subsection 7a74 #f4 ,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 ,,oda1 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 ,administrator1 ,,oda unit members1 and ,,faa engineers and inspectors1 consistent with section #ddgcf7;g7 of title #di1 ,united ,states ,code1 in order to enable direct communication of technical concerns that arise during a certification project without fear of reprisal to the ,,oda ,administrator 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 by striking paragraph 7#c7 and redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#c7 through 7#e71 respectively2 7,b7 in paragraph 7#d7 7as redesignated by subparagraph 7,a771 by striking and at the end2 7,c7 in paragraph 7#e7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#f7 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 ,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 practices1 as appropriate1 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 practices1 as appropriate1 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 #g4 ,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 regulations1 including1 but not limited to1 sections #be4acjb1 #be4acji1 and #be4acbb of title #ad1 ,code of ,federal ,regulations1 and supporting policies1 guidelines1 and advisory circulars1 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 response1 including response to safety-significant failure conditions1 as part of the certification process2 7#b7 validate such assumptions with applicable human factors research and the input of human factors experts1 and as necessary modify the existing assumptions2 7#c7 ensure that when carrying out the certification of a new aircraft type1 including an amended or supplemental type1 the cumulative impact that new technologies may have on pilot response are properly assessed through system safety assessments or otherwise2 7#d7 ensure that any action carried out under this section accounts for the necessary adjustments to system safety assessments1 pilot procedures and training needs1 and design requirements2 and 7#e7 notify other international regulators that certify transport-category airplane type designs of the review and encourage them to evaluate any regulatory changes to their processes and address any changes1 if applicable4 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 #h4 ,human factors research 7a7 ,automation human factors ,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 aircraft that are intended for use in air transportation4 7b7 ,requirements ,in developing the plan required under this section1 the ,administrator shall-- 7#a7 establish goals for research and continuing education in areas of study relevant to advancing technology1 improving design engineering and certification practices1 and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automation in aircraft operations1 including1 but not limited to1 the development of tools to validate pilot recognition and response assumptions and diagnostic tools to improve the clarity of failure indications presented to pilots2 7#b7 take into consideration and leverage any existing or planned research that is conducted by1 or conducted in partnership with1 the ,,faa2 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 ,implementation ,in implementing the plan required under this section1 the ,administrator shall1 to the maximum extent practicable1 work with the ,center of ,excellence for ,technical ,training and ,human ,performance and the ,center of ,excellence focused on flight automation and human factors in aircraft that are intended for use in air transportation established under section #i4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as may be necessary to carry out this section4 #i4 ,,faa center of excellence for flight automation and human factors in aircraft 7a7 ,center 7#a7 ,in general ,the ,administrator shall develop a ,center of ,excellence focused on flight automation and human factors in aircraft that are intended for use in air transportation4 7#b7 ,duties ,the ,center for ,excellence shall-- 7,a7 promote and facilitate collaboration among academia1 the ,,faa1 and the aircraft and airline industries1 including aircraft1 engine1 and equipment manufacturers1 air carriers1 and representatives of the airline pilot community2 7,b7 establish goals for research and continuing education in areas of study relevant to advancing technology1 improving engineering practices1 and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automation in commercial aircraft2 and 7,c7 examine issues related to human system integration and flight crew and aircraft interfaces4 7#c7 ,avoiding duplication of work ,in establishing the ,center of ,excellence1 the ,administrator shall ensure the work of the ,center of ,excellence does not duplicate or overlap with the work of any other established center of excellence4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as may be necessary to carry out this section4 #aj4 ,certification pilot operational evaluations 7a7 ,certification operational evaluations ,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 scheduled passenger air transportation 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 #aa4 ,,faa continuing education and training 7a7 ,in general ,chapter #dde of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ddeai4 ,certification personnel continuing education and training 7a7 ,office ,not later than #abj days after the date of enactment of this section1 the ,administrator of the ,,faa shall establish an ,office of ,continuing ,education4 7b7 ,program ,the ,office of ,continuing ,education shall administer a continuing education and training program4 7c7 ,purpose of program ,the purpose of the continuing education and training program shall be to provide continuing education and training to ,,faa personnel who hold positions involving aircraft and flight standards certification1 including engineers and inspectors4 7d7 ,functions ,in administering the continuing education and training program1 the ,office of ,continuing ,education shall-- 7#a7 in consultation with outside experts1 develop-- 7,a7 an education and training curriculum on current and new aircraft technologies1 project management1 and the roles and responsibilities associated with oversight of designees2 and 7,b7 best practices for compliance with ,,faa regulations2 and 7#b7 hire and manage a staff of qualified individuals to educate and train ,,faa personnel described in subsection 7c7 using the education and training curriculum and best practices developed under paragraph 7#a74 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator1 #aj1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this section4 ,amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended4 7f7 ,definition of ,,faa ,in this section1 the term ,,faa means the ,federal ,aviation ,administration4 4 7b7 ,table of contents ,the analysis for chapter #dde of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ddeah the following3 #ddeai4 ,certification personnel continuing education and training44 #ab4 ,authorization of appropriations for scientific and technical advisors ,there are authorized to be appropriated to the ,administrator1 #aj1jjj1jjj for each of fiscal years #bjba through #bjcj for salaries of specialized technical personnel with expertise in new and emerging technologies for such personnel to advise the ,administrator on the development of technical standards for new technologies and operations to be implemented in the ,,faa's regulatory and certification programs4 ,amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended4 #ac4 ,prohibition on certain performance-based incentives ,section #ajf7l7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 ,prohibition on certain performance-based incentives ,no employee of the ,administration shall be given an award1 financial incentive1 other compensation1 or recognition as a result of actions to meet performance goals related to meeting schedules or quotas for certificates issued under section #ddgjd4 4 #ad4 ,safety reporting program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 in order to improve safety in the individual certification application review process and potential trends relating to safety concerns1 the ,administrator shall maintain a safety reporting program for ,,faa employees to anonymously and voluntarily report instances where they have identified safety concerns during the certification process4 7b7 ,safety reporting program requirements ,in maintaining the safety reporting program under subsection 7a71 the ,administrator shall ensure the following3 7#a7 ,the ,,faa maintains a reporting culture that encourages engineers and other appropriate ,,faa employees to voluntarily report when they believe an aspect of an aircraft design may be noncompliant1 nonconforming1 or unsafe4 7#b7 ,the safety reporting program is non-punitive and anonymous4 7#c7 ,the ,administrator thoroughly reviews safety reports to determine whether there is a hazard1 defect1 noncompliance1 nonconformance1 or process error4 7#d7 ,the ,administrator thoroughly reviews safety reports to determine whether potential weaknesses in the aircraft certification processes led to safety concerns being raised regarding aircraft1 engine1 propeller1 and appliance designs1 including systems1 components1 parts1 and materials4 7#e7 ,if the ,administrator determines that a hazard1 defect1 noncompliance1 nonconformance1 or process error exists1 the root cause is identified and appropriate action is taken to remedy the defect1 noncompliance1 nonconformance1 or process error4 7c7 ,outcomes ,results of safety report reviews under this section may be used to-- 7#a7 improve-- 7,a7 safety systems1 hazard control1 and risk reduction2 7,b7 certification systems2 7,c7 ,,faa oversight2 and 7,d7 compliance and conformance2 and 7#b7 implement lessons learned4 7d7 ,report filing ,the ,administrator shall establish requirements for when in the certification process reports may be filed1 which may include certification milestones1 timelines1 or other decision-making points1 with the goals of ensuring that identified issues can be timely addressed and fostering open dialogue between applicants and ,,faa employees throughout the certification process4 7e7 ,integration with other safety reporting programs ,the ,administrator shall harmonize the safety reporting program maintained under subsection 7a7 with other internal safety reporting programs the ,,faa maintains4 7f7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to the appropriate committees of ,congress a report on the effectiveness of the safety reporting program maintained under subsection 7a74 #ae4 ,protection of whistleblowers ,section #dbaba7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and moving the margins of such subparagraphs #b ems to the right2 7#b7 in the subsection heading1 by striking ,airline2 7#c7 by striking ,no air carrier and inserting the following3 7#a7 ,air carriers ,no air carrier 2 and 7#d7 by adding at the end the following3 7#b7 ,aircraft manufacturers ,no aircraft1 engine1 or propeller manufacturer that holds a certificate issued pursuant to section #ddgjd of title #di1 ,united ,states ,code1 or contractor of1 subcontractor of1 or supplier to1 such a manufacturer may discharge an employee or otherwise discriminate against an employee with respect to compensation1 terms1 conditions1 or privileges of employment because the employee 7or any person acting pursuant to a request of the employee7-- 7,a7 provided1 caused to be provided1 or is about to provide 7with any knowledge of the employer7 or cause to be provided to the employer or ,federal ,government information relating to any violation or alleged violation of any order1 regulation1 or standard of the ,federal ,aviation ,administration or any other provision of ,federal law relating to aircraft1 engine1 or propeller manufacturer safety 7including parts or components provided by contractors1 subcontractors1 or suppliers7 under this subtitle or any other law of the ,united ,states2 7,b7 has filed1 caused to be filed1 or is about to file 7with any knowledge of the employer7 or cause to be filed a proceeding relating to any violation or alleged violation of any order1 regulation1 or standard of the ,federal ,aviation ,administration or any other provision of ,federal law1 relating to aircraft1 engine1 or propeller manufacturer safety 7including parts or components provided by contractors1 subcontractors1 or suppliers7 under this subtitle or any other law of the ,united ,states2 7,c7 testified or is about to testify in such a proceeding2 or 7,d7 assisted or participated or is about to assist or participate in such a proceeding4 4 #af4 ,repeal of design and production organization certificate authority 7a7 ,in general ,section #ddgjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking airworthiness certificates1 and design and production organization certificates and inserting and airworthiness certificates2 and 7#b7 by striking subsection 7e74 7b7 ,conforming amendment ,section #ddgjb7;a7 of title #di1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking design organization certificates14 #ag4 ,ensuring appropriate responsibility of aircraft certification and flight standards performance objectives and metrics 7a7 ,repeals ,sections #baa and #bba of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddgja note7 are repealed4 7b7 ,conforming repeals ,paragraphs 7#h7 and 7#i7 of section #bjb7;c7 of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddgja note7 are repealed4 #ah4 ,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 aircraft intended for air transportation 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 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 aircraft1 and procedures1 that designers and manufacturers of such aircraft may adopt or introduce2 and 7#c7 the ,,faa's compensation policies for aircraft certification engineers relative to those of industry to determine whether compensation is adequate to attract personnel with adequate experience4 7b7 ,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 7c7 ,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 aircraft4 7#c7 ,recommendations for such legislation1 if any1 as the ,administrator determines necessary to carry out the plan required under paragraph 7#b74