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matures and the necessary safety analysis and data 
become available and until standards are completed 
and technology issues are resolved; and 
(3) facilitate the capability of public agencies to 
develop and use test ranges, subject to operating re-
strictions required by the Federal Aviation Adminis-
tration, to test and operate unmanned aircraft sys-
tems. 
SEC. 324. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) CERTIFICATE
OF
AUTHORIZATION.—The 
term ‘‘certificate of authorization’’ means a Federal 
Aviation Administration grant of approval for a spe-
cific flight operation. 
(2) DETECT, SENSE, AND AVOID CAPABILITY.— 
The term ‘‘detect, sense, and avoid capability’’ 
means the technical capability to perform separation 
assurance and collision avoidance, as defined by the 
Federal Aviation Administration. 
(3) PUBLIC UNMANNED AIRCRAFT SYSTEM.— 
The term ‘‘public unmanned aircraft system’’ means 
an unmanned aircraft system that meets the quali-
fications and conditions required for operation of a 
public aircraft, as defined by section 40102 of title 
49, United States Code. 
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(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(5) TEST
RANGE.—The term ‘‘test range’’ 
means a defined geographic area where research and 
development are conducted. 
(6) UNMANNED
AIRCRAFT.—The term ‘‘un-
manned aircraft’’ means an aircraft that is operated 
without the possibility of direct human intervention 
from within or on the aircraft. 
(7) UNMANNED AIRCRAFT SYSTEM.—The term 
‘‘unmanned aircraft system’’ means an unmanned 
aircraft and associated elements (such as commu-
nication links and a ground control station) that are 
required to operate safely and efficiently in the na-
tional airspace system. 
Subtitle C—Safety and Protections 
SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE. 
Section 106 is amended by adding at the end the fol-
lowing: 
‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVES-
TIGATION OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Federal Aviation Administration (in this sub-
section referred to as the ‘Agency’) an Aviation 
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Safety Whistleblower Investigation Office (in this 
subsection referred to as the ‘Office’). 
‘‘(2) DIRECTOR.— 
‘‘(A) APPOINTMENT.—The head of the Of-
fice shall be the Director, who shall be ap-
pointed by the Secretary of Transportation. 
‘‘(B) REPORTS
AND
RECOMMENDATIONS 
TO
SECRETARY.—The Director shall provide 
regular reports to the Secretary of Transpor-
tation. The Director may recommend that the 
Secretary take any action necessary for the Of-
fice to carry out its functions, including protec-
tion of complainants and witnesses. 
‘‘(C) 
QUALIFICATIONS.—The 
Director 
shall have a demonstrated ability in investiga-
tions and knowledge of or experience in avia-
tion. 
‘‘(D) TERM.—The Director shall be ap-
pointed for a term of 5 years. 
‘‘(E) VACANCY.—Any individual appointed 
to fill a vacancy in the position of the Director 
occurring before the expiration of the term for 
which the individual’s predecessor was ap-
pointed shall be appointed for the remainder of 
that term. 
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‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 
‘‘(A) AUTHORITY OF DIRECTOR.—The Di-
rector shall— 
‘‘(i) receive complaints and informa-
tion submitted by employees of persons 
holding certificates issued under title 14, 
Code of Federal Regulations, and employ-
ees of the Agency concerning the possible 
existence of an activity relating to a viola-
tion of an order, regulation, or standard of 
the Agency or any other provision of Fed-
eral law relating to aviation safety; 
‘‘(ii) assess complaints and informa-
tion submitted under clause (i) and deter-
mine whether a substantial likelihood ex-
ists that a violation of an order, regulation, 
or standard of the Agency or any other 
provision of Federal law relating to avia-
tion safety may have occurred; and 
‘‘(iii) based on findings of the assess-
ment conducted under clause (ii), make 
recommendations to the Secretary and Ad-
ministrator in writing for— 
‘‘(I) further investigation by the 
Office, the Inspector General of the 
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HR 915 RFS 
Department of Transportation, or 
other appropriate investigative body; 
or 
‘‘(II) corrective actions. 
‘‘(B) DISCLOSURE
OF
IDENTITIES.—The 
Director shall not disclose the identity or identi-
fying information of an individual who submits 
a complaint or information under subparagraph 
(A)(i) unless— 
‘‘(i) the individual consents to the dis-
closure in writing; or 
‘‘(ii) the Director determines, in the 
course of an investigation, that the disclo-
sure is unavoidable, in which case the Di-
rector shall provide the individual with rea-
sonable advance notice. 
‘‘(C) INDEPENDENCE OF DIRECTOR.—The 
Secretary, the Administrator, or any officer or 
employee of the Agency may not prevent or pro-
hibit the Director from initiating, carrying out, 
or completing any assessment of a complaint or 
information submitted under subparagraph 
(A)(i) or from reporting to Congress on any 
such assessment. 
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‘‘(D) ACCESS TO INFORMATION.—In con-
ducting an assessment of a complaint or infor-
mation submitted under subparagraph (A)(i), 
the Director shall have access to, and can order 
the retention of, all records, reports, audits, re-
views, documents, papers, recommendations, 
and other material necessary to determine 
whether a substantial likelihood exists that a 
violation of an order, regulation, or standard of 
the Agency or any other provision of Federal 
law relating to aviation safety may have oc-
curred. The Director may order sworn testi-
mony from appropriate witnesses during the 
course of an investigation. 
‘‘(E) PROCEDURE.—The Office shall es-
tablish 
procedures 
equivalent 
to 
sections 
1213(d) and 1213(e) of title 5 for investigation, 
report, employee comment, and evaluation by 
the Secretary for any investigation conducted 
pursuant to paragraph (3)(A). 
‘‘(4) RESPONSES TO RECOMMENDATIONS.—The 
Administrator shall— 
‘‘(A) respond within 60 days to a rec-
ommendation made by the Director under para-
graph (3)(A)(iii) in writing and retain records 
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related to any further investigations or correc-
tive actions taken in response to the rec-
ommendation, in accordance with established 
record retention requirements; and 
‘‘(B) ensure that the findings of all refer-
rals for further investigation or corrective ac-
tions taken are reported to the Director. 
‘‘(5) INCIDENT REPORTS.—If the Director de-
termines there is a substantial likelihood that a vio-
lation of an order, regulation, or standard of the 
Agency or any other provision of Federal law relat-
ing to aviation safety may have occurred that re-
quires immediate corrective action, the Director shall 
report the potential violation expeditiously to the 
Secretary, the Administrator, and the Inspector 
General of the Department of Transportation. 
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO 
INSPECTOR GENERAL.—If the Director has reason-
able grounds to believe that there has been a viola-
tion of Federal criminal law, the Director shall re-
port the violation expeditiously to the Inspector Gen-
eral. 
‘‘(7) RETALIATION AGAINST AGENCY EMPLOY-
EES.—Any retaliatory action taken or threatened 
against an employee of the Agency for good faith 
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participation in activities under this subsection is 
prohibited. The Director shall make all policy rec-
ommendations and specific requests to the Secretary 
for relief necessary to protect employees of the 
Agency who initiate or participate in investigations 
under this subsection. The Secretary shall respond 
in a timely manner and shall share the responses 
with the appropriate committees of Congress. 
‘‘(8) DISCIPLINARY
ACTIONS.—The Secretary 
shall exercise the Secretary’s authority under section 
2302 of title 5 for the prevention of prohibited per-
sonnel actions in any case in which the prohibited 
personnel action is taken against an employee of the 
Agency who, in good faith, has reported the possible 
existence of an activity relating to a violation of an 
order, regulation, or standard of the Agency or any 
other provision of Federal law relating to aviation 
safety. In exercising such authority, the Secretary 
may subject an employee of the Agency who has 
taken or failed to take, or threatened to take or fail 
to take, a personnel action in violation of such sec-
tion to a disciplinary action up to and including ter-
mination. 
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‘‘(9) ANNUAL
REPORTS
TO
CONGRESS.—Not 
later than October 1 of each year, the Director shall 
submit to Congress a public report containing— 
‘‘(A) information on the number of submis-
sions of complaints and information received by 
the Director under paragraph (3)(A)(i) in the 
preceding 12-month period; 
‘‘(B) summaries of those submissions; 
‘‘(C) summaries of further investigations, 
corrective actions recommended, and referrals 
in response to the submissions; 
‘‘(D) summaries of the responses of the 
Administrator to such recommendations; and 
‘‘(E) an evaluation of personnel and re-
sources necessary to effectively support the 
mandate of the Office.’’. 
SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIA-
TIVE. 
(a) FINDINGS.—Congress finds the following: 
(1) Subsections (a) and (d) of section 40101 of 
title 49, United States Code, directs the Federal 
Aviation Administration (in this section referred to 
as the ‘‘Agency’’) to make safety its highest priority. 
(2) In 1996, to ensure that there would be no 
appearance of a conflict of interest for the Agency 
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HR 915 RFS 
in carrying out its safety responsibilities, Congress 
amended section 40101(d) of such title to remove 
the responsibilities of the Agency to promote air-
lines. 
(3) Despite these directives from Congress re-
garding the priority of safety, the Agency issued a 
vision statement in which it stated that it has a ‘‘vi-
sion’’ of ‘‘being responsive to our customers and ac-
countable to the public’’ and, in 2003, issued a cus-
tomer service initiative that required aviation inspec-
tors to treat air carriers and other aviation certifi-
cate holders as ‘‘customers’’ rather than regulated 
entities. 
(4) The initiatives described in paragraph (3) 
appear to have given regulated entities and Agency 
inspectors the impression that the management of 
the Agency gives an unduly high priority to the sat-
isfaction of regulated entities regarding its inspec-
tion and certification decisions and other lawful ac-
tions of its safety inspectors. 
(5) As a result of the emphasis on customer 
satisfaction, some managers of the Agency have dis-
couraged vigorous enforcement and replaced inspec-
tors whose lawful actions adversely affected an air 
carrier. 
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SEC. 426. ANTITRUST EXEMPTIONS. 
(a) STUDY.—The Comptroller General shall conduct 
a study of the legal requirements and policies followed by 
the Department in deciding whether to approve inter-
national alliances under section 41309 of title 49, United 
States Code, and grant exemptions from the antitrust laws 
under section 41308 of such title in connection with such 
international alliances. 
(b) ISSUES TO BE CONSIDERED.—In conducting the 
study under subsection (a), the Comptroller General, at 
a minimum, shall examine the following: 
(1) Whether granting exemptions from the anti-
trust laws in connection with international alliances 
has resulted in public benefits, including an analysis 
of whether such benefits could have been achieved by 
international alliances not receiving exemptions from 
the antitrust laws. 
(2) Whether granting exemptions from the anti-
trust laws in connection with international alliances 
has resulted in reduced competition, increased prices 
in markets, or other adverse effects. 
(3) Whether international alliances that have 
been granted exemptions from the antitrust laws 
have implemented pricing or other practices with re-
spect to the hub airports at which the alliances oper-
ate that have resulted in increased costs for con-
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