APPEALS OF CERTIFICATION DECISIONS.

SEC. 110. APPEALS OF CERTIFICATION DECISIONS. (a) In General.—Section 44704, of title 49, United States Code, as amended by section 105(b), is further amended by adding at the end the following: “(g) Certification Dispute Resolution.— “(1) Dispute resolution process and appeals.— “(A) In general.—Not later than 60 days after the date of enactment of this subsection, the Administrator shall issue an order establishing— “(i) an effective, timely, and milestone-based issue resolution process for type certification activities under subsection (a); and “(ii) a process by which a decision, finding of compliance or noncompliance, or other act of the Administration, with respect to compliance with design requirements, may be appealed by a covered person directly involved with the certification activities in dispute on the basis that such decision, finding, or act is erroneous or inconsistent with this chapter, regulations, or guidance materials promulgated by the Administrator, or other requirements. “(B) Escalation.—The order issued under subparagraph (A) shall provide processes for— “(i) resolution of technical issues at pre-established stages of the certification process, as agreed to by the Administrator and the type certificate applicant; “(ii) automatic elevation to appropriate management personnel of the Administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the Administrator and the type certificate applicant; “(iii) resolution of a major certification process milestone elevated pursuant to clause (ii) within a specific period of time agreed to by the Administrator and the type certificate applicant; “(iv) initial review by appropriate Administration employees of any appeal described in subparagraph (A)(ii); and “(v) subsequent review of any further appeal by appropriate management personnel of the Administration and the Associate Administrator for Aviation Safety. “(C) Disposition.— “(i) Written decision.—The Associate Administrator for Aviation Safety shall issue a written decision that states the grounds for the decision of the Associate Administrator on— “(I) each appeal submitted under subparagraph (A)(ii); and “(II) An appeal to the Associate Administrator submitted under subparagraph (B)(v). “(ii) Report to congress.—Not later than December 31 of each calendar year through calendar year 2025, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing each appeal resolved under this subsection. “(D) Final review.— “(i) In general.—A written decision of the Associate Administrator under subparagraph (C) may be appealed to the Administrator for a final review and determination. “(ii) Decline to review.—The Administrator may decline to review an appeal initiated pursuant to clause (i). “(iii) Judicial review.—No decision under this paragraph (including a decision to decline to review an appeal) shall be subject to judicial review. “(2) Prohibited contacts.— “(A) Prohibition generally.—During the course of an appeal under this subsection, no covered official may engage in an ex parte communication (as defined in section 551 of title 5) with an individual representing or acting on behalf of an applicant for, or holder of, a certificate under this section in relation to such appeal unless such communication is disclosed pursuant to subparagraph (B). “(B) Disclosure.—If, during the course of an appeal under this subsection, a covered official engages in, receives, or is otherwise made aware of an ex parte communication, the covered official shall disclose such communication in the public record at the time of the issuance of the written decision under paragraph (1)(C), including the time and date of the communication, subject of communication, and all persons engaged in such communication. “(3) Definitions.—In this subsection: “(A) Covered person.—The term ‘covered person’ means either— “(i) an employee of the Administration whose responsibilities relate to the certification of aircraft, engines, propellers, or appliances; or “(ii) an applicant for, or holder of, a type certificate or amended type certificate issued under this section. “(B) Covered official.—The term ‘covered official’ means the following officials: “(i) The Executive Director or any Deputy Director of the Aircraft Certification Service. “(ii) The Deputy Executive Director for Regulatory Operations of the Aircraft Certification Service. “(iii) The Director or Deputy Director of the Compliance and Airworthiness Division of the Aircraft Certification Service. “(iv) The Director or Deputy Director of the System Oversight Division of the Aircraft Certification Service. “(v) The Director or Deputy Director of the Policy and Innovation Division of the Aircraft Certification Service. “(vi) The Executive Director or any Deputy Executive Director of the Flight Standards Service. “(vii) The Associate Administrator or Deputy Associate Administrator for Aviation Safety. “(viii) The Deputy Administrator of the Federal Aviation Administration. “(ix) The Administrator of the Federal Aviation Administration. “(x) Any similarly situated or successor FAA management position to those described in clauses (i) through (ix), as determined by the Administrator. “(C) Major certification process milestone.—The term ‘major certification process milestone’ means a milestone related to the type certification basis, type certification plan, type inspection authorization, issue paper, or other major type certification activity agreed to by the Administrator and the type certificate applicant. “(4) Rule of construction.—Nothing in this subsection shall apply to the communication of a good-faith complaint by any individual alleging— “(A) gross misconduct; “(B) a violation of title 18; or “(C) a violation of any of the provisions of part 2635 or 6001 of title 5, Code of Federal Regulations.” . (b) Conforming Amendment.—Section 44704(a) of title 49, United States Code, is amended by striking paragraph (6).