Sec. 125. BEST PRACTICES FOR ORGANIZATION DESIGNATION AUTHORIZATIONS
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## SEC. 125 BEST PRACTICES FOR ORGANIZATION DESIGNATION AUTHORIZATIONS ###
(a)In General **[**[49 U.S.C. 44736 note](/us/usc/t49/s44736)**]** Section 213 of the FAA Reauthorization Act of 2018 (Public Law 115-254, 132 Stat. 3249) is amended— ####
(1)by striking subsection (g); ####
(2)by redesignating subsections
(c)through
(f)as subsections
(d)through (g), respectively; ####
(3)by inserting after subsection (b), the following: > > ### “(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.” > ; ####
(4)in subsection
(d)(as redesignated by paragraph (2))— #####
(A)by striking paragraph
(3)and redesignating paragraphs
(4)through
(6)as paragraphs
(3)through (5), respectively; #####
(B)in paragraph
(4)(as redesignated by subparagraph (A)), by striking “and” at the end; #####
(C)in paragraph
(5)(as so redesignated), by striking the period at the end and inserting “; and”; and #####
(D)by adding at the end the following: > > #### “(6) > > the results of the review conducted under subsection (c).” > ; and ####
(5)by inserting after subsection
(g)(as redesignated by paragraph (2)), the following: > > ### “(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).” > . ###
(b)Procedures Manual Section 44736(b)(3) of title 49, United States Code, as amended by subsection (c)(2)(D) of section 107), is further amended— ####
(1)in subparagraph
(D)(as redesignated by such subsection), by striking “and” after the semicolon at the end; ####
(2)in subparagraph
(E)(as so redesignated), by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following: > > ##### “(F) > > ensure the ODA holders procedures manual contains procedures and policies based on best practices established by the Administrator.” > .
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Sec. 125
BEST PRACTICES FOR ORGANIZATION DESIGNATION AUTHORIZATIONS
Stat.132 Stat. 3249
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