Sec. 213. ODA REVIEW

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## SEC. 213 ODA REVIEW ###

(a)Establishment of Expert Review Panel ####

(1)Expert panel Not later than 120 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary expert review panel (in this section referred to as the “Panel”). ####

(2)Composition of panel #####

(A)Appointment of members The Panel shall be composed of not more than 20 members appointed by the Administrator. #####

(B)Qualifications The members appointed to the Panel shall— ######

(i)each have a minimum of 5 years of experience in processes and procedures under the ODA program; and ######

(ii)represent, at a minimum, ODA holders, aviation manufacturers, safety experts, and FAA labor organizations, including labor representatives of FAA aviation safety inspectors and aviation safety engineers. ###

(b)Survey The Panel shall conduct a survey of ODA holders and ODA program applicants to document and assess FAA certification and oversight activities, including use of the ODA program and the timeliness and efficiency of the certification process. In carrying out this subsection, the Panel shall consult with appropriate survey experts to best design and conduct the survey. ###

(c)Best Practices Review In addition to conducting the survey required under subsection (b), the Panel shall conduct a review of a sampling of ODA holders to identify and develop best practices. At a minimum, the best practices shall address preventing and deterring instances of undue pressure on or by an ODA unit member, within an ODA, or by an ODA holder, or failures to maintain independence between the FAA and an ODA holder or an ODA unit member. In carrying out such review, the Panel shall— ####

(1)examine other government regulated industries to gather lessons learned, procedures, or processes that address undue pressure of employees, perceived regulatory coziness, or other failures to maintain independence; ####

(2)identify ways to improve communications between an ODA Administrator, ODA unit members, and FAA engineers and inspectors, consistent with section 44736(g) of title 49, United States Code, 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 member; and ####

(3)examine FAA designee programs, including the assignment of FAA advisors to designees, to determine which components of the program may improve the FAA’s oversight of ODA units, ODA unit members, and the ODA program. ###

(d)Assessment and Recommendations The Panel shall assess and make recommendations concerning— ####

(1)the FAA’s processes and procedures under the ODA program and whether the processes and procedures function as intended; ####

(2)the best practices of and lessons learned by ODA holders and FAA personnel who provide oversight of ODA holders; ####

(3)training activities related to the ODA program for FAA personnel and ODA holders; ####

(4)the impact, if any, that oversight of the ODA program has on FAA resources and the FAA’s ability to process applications for certifications outside of the ODA program; ####

(5)the results of the survey conducted under subsection (b); and ####

(6)the results of the review conducted under subsection (c). ###

(e)Report Not later than 180 days after the date the Panel is convened under subsection (a), the Panel shall submit to the Administrator, the Advisory Committee, and the appropriate committees of Congress a report on the findings and recommendations of the Panel. ###

(f)Definitions The definitions contained in section 44736 of title 49, United States Code, as added by this Act, apply to this section. ###

(g)Applicable Law Public Law 92-463 shall not apply to the Panel. ###

(h)Best Practices Adoption ####

(1)In general Not later than 180 days after the date on which the Administrator receives the report required under subsection (e), the Administrator shall establish best practices that are generally applicable to all ODA holders and require such practices to be incorporated, as appropriate, into each ODA holder’s approved procedures manual. ####

(2)Notice and comment period The Administrator shall publish the established best practices for public notice and comment for not fewer than 60 days prior to requiring the practices, as appropriate, be incorporated into each ODA holder’s approved procedures manual. ###

(i)Sunset The Panel shall terminate on the earlier of— ####

(1)the date of submission of the report under subsection (e); or ####

(2)the date that is 2 years after the date on which the Panel is first convened under subsection (a).

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Pub. L. 92-463

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Sec. 213

ODA REVIEW

Pub. L.Pub. L. 92-463

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