View all text of Chapter 447 [§ 44701 - § 44743]

§ 44742. Interference with the duties of organization designation authorization unit members
(a)In General.—The Administrator of the Federal Aviation Administration shall continuously seek to eliminate or minimize interference by an ODA holder that affects the performance of authorized functions by ODA unit members.
(b)Prohibition.—
(1)In general.—It shall be unlawful for any individual who is a supervisory employee of an ODA holder that manufactures a transport category airplane to commit an act of interference with an ODA unit member’s performance of authorized functions.
(2)Civil penalty.—
(A)Individuals.—An individual shall be subject to a civil penalty under section 46301(a)(1) for each violation under paragraph (1).
(B)Savings clause.—Nothing in this paragraph shall be construed as limiting or constricting any other authority of the Administrator to pursue an enforcement action against an individual or organization for violation of applicable Federal laws or regulations of the Administration.
(c)Reporting.—
(1)Reports to oda holder.—An ODA unit member of an ODA holder that manufactures a transport category airplane shall promptly report any instances of interference to the office of the ODA holder that is designated to receive such reports.
(2)Reports to the faa.—
(A)In general.—The ODA holder office described in paragraph (1) shall investigate reports and submit to the office of the Administration designated by the Administrator to accept and review such reports any instances of interference reported under paragraph (1).
(B)Contents.—The Administrator shall prescribe parameters for the submission of reports to the Administration under this paragraph, including the manner, time, and form of submission. Such report shall include the results of any investigation conducted by the ODA holder in response to a report of interference, a description of any action taken by the ODA holder as a result of the report of interference, and any other information or potentially mitigating factors the ODA holder or the Administrator deems appropriate.
(d)Definitions.—
(1)General applicability.—The definitions contained in section 44736(c) shall apply to this section.
(2)Interference.—In this section, the term “interference” means—
(A) blatant or egregious statements or behavior, such as harassment, beratement, or threats, that a reasonable person would conclude was intended to improperly influence or prejudice an ODA unit member’s performance of his or her duties; or
(B) the presence of non-ODA unit duties or activities that conflict with the performance of authorized functions by ODA unit members.
(Added Pub. L. 116–260, div. V, title I, § 107(a), Dec. 27, 2020, 134 Stat. 2323.)