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49 U.S.C. § 44742Interference with the duties of organization designation authorization unit members

submitted 6 years ago by Pub. L. 116-260 to r/title-49-TRANSPORTATION · 399 words · no verdicts yet

in plain englishAI-generated · not legal advice

Supervisors at transport-airplane manufacturers cannot interfere with ODA unit members doing their jobs. Breaking this rule brings a civil penalty. ODA unit members must report interference, and the FAA reviews those reports.

(a) In General. The FAA Administrator must keep working to stop or reduce interference by an ODA holder that gets in the way of ODA unit members doing their authorized work. (b) Prohibition. (1) It is illegal for a supervisory employee of an ODA holder that manufactures transport-category airplanes to interfere with an ODA unit member doing authorized work. (2) (A) An individual who breaks this rule faces a civil penalty under section 46301(a)(1). (B) This penalty doesn't limit the Administrator's other power to enforce federal aviation laws or regulations against any person or organization. (c) Reporting. (1) An ODA unit member at such a manufacturer must promptly report any interference to the office the ODA holder has designated to receive these reports. (2) (A) That office must investigate the report and send it to the FAA office the Administrator designates to receive it. (B) The Administrator must set rules for how, when, and in what form these reports are submitted; each report must include the results of the ODA holder's investigation, what action the ODA holder took, and any other information or mitigating factors the ODA holder or Administrator thinks is relevant. (d) Definitions. (1) The definitions in section 44736(c) apply here too. (2) "Interference" means (A) blatant or egregious words or behavior — like harassment, berating, or threats — that a reasonable person would see as meant to improperly sway or bias an ODA unit member's work, or (B) non-ODA duties or activities that conflict with a member doing their authorized work.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 116–260, div. V, title I, § 107(a), Dec. 27, 2020, 134 Stat. 2323.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-260 · 134 Stat. 2323

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.

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