IIB 
110TH CONGRESS 
2D SESSION 
H. R. 6493 
IN THE SENATE OF THE UNITED STATES 
JULY 23, 2008 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend title 49, United States Code, to enhance aviation 
safety. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aviation Safety En-
hancement Act of 2008’’. 
SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE. 
Section 106 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVES-
TIGATION OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Federal Aviation Administration (in this section 
referred to as the ‘Agency’) an Aviation Safety 
Whistleblower Investigation Office (in this sub-
section 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) 
QUALIFICATIONS.—The 
Director 
shall have a demonstrated ability in investiga-
tions and knowledge of or experience in avia-
tion. 
‘‘(C) TERM.—The Director shall be ap-
pointed for a term of 5 years. 
‘‘(D) VACANCY.—Any individual appointed 
to fill a vacancy in the position of the Director 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
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. 
‘‘(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 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
recommendations to the Administrator in 
writing for further investigation or correc-
tive actions. 
‘‘(B) DISCLOSURE
OF
IDENTITIES.—The 
Director shall not disclose the identity of an in-
dividual who submits a complaint or informa-
tion 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. 
‘‘(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 subparagraph (A)(i) or 
from reporting to Congress on any such assess-
ment. 
‘‘(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 all records, re-
ports, audits, reviews, documents, papers, rec-
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
ommendations, and other material necessary to 
determine 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 aviation safety may 
have occurred. 
‘‘(4) RESPONSES TO RECOMMENDATIONS.—The 
Administrator shall respond to a recommendation 
made by the Director under subparagraph (A)(iii) in 
writing and retain records related to any further in-
vestigations or corrective actions taken in response 
to the recommendation. 
‘‘(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 Ad-
ministrator and the Inspector General of the De-
partment 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-
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
port the violation expeditiously to the Inspector Gen-
eral. 
‘‘(7) ANNUAL
REPORTS
TO
CONGRESS.—Not 
later than October 1 of each year, the Director shall 
submit to Congress a 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 
and corrective actions recommended in response 
to the submissions; and 
‘‘(D) summaries of the responses of the 
Administrator to such recommendations.’’. 
SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE. 
(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 pri-
ority. 
(2) In 1996, to ensure that there would be no 
appearance of a conflict of interest for the Agency 
in carrying out its safety responsibilities, Congress 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
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. 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
(b) MODIFICATION OF INITIATIVE.—Not later than 
90 days after the date of enactment of this Act, the Ad-
ministrator of the Federal Aviation Administration shall 
modify the customer service initiative, mission and vision 
statements, and other statements of policy of the Agen-
cy— 
(1) to remove any reference to air carriers or 
other entities regulated by the Agency as ‘‘cus-
tomers’’; 
(2) to clarify that in regulating safety the only 
customers of the Agency are individuals traveling on 
aircraft; and 
(3) to clarify that air carriers and other entities 
regulated by the Agency do not have the right to se-
lect the employees of the Agency who will inspect 
their operations. 
(c) SAFETY PRIORITY.—In carrying out the Adminis-
trator’s responsibilities, the Administrator shall ensure 
that safety is given a higher priority than preventing the 
dissatisfaction of an air carrier or other entity regulated 
by the Agency with an employee of the Agency. 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 
STANDARDS INSPECTORS. 
(a) IN GENERAL.—Section 44711 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) 
POST-EMPLOYMENT
RESTRICTIONS
FOR 
FLIGHT STANDARDS INSPECTORS.— 
‘‘(1) PROHIBITION.—A person holding an oper-
ating certificate issued under title 14, Code of Fed-
eral Regulations, may not knowingly employ, or 
make a contractual arrangement which permits, an 
individual to act as an agent or representative of the 
certificate holder in any matter before the Federal 
Aviation Administration (in this subsection referred 
to as the ‘Agency’) if the individual, in the preceding 
2-year period— 
‘‘(A) served as, or was responsible for over-
sight of, a flight standards inspector of the 
Agency; and 
‘‘(B) had responsibility to inspect, or over-
see inspection of, the operations of the certifi-
cate holder. 
‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 
For purposes of paragraph (1), an individual shall 
be considered to be acting as an agent or representa-
tive of a certificate holder in a matter before the 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
Agency if the individual makes any written or oral 
communication on behalf of the certificate holder to 
the Agency (or any of its officers or employees) in 
connection with a particular matter, whether or not 
involving a specific party and without regard to 
whether the individual has participated in, or had 
responsibility for, the particular matter while serving 
as a flight standards inspector of the Agency.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall not apply to an individual employed by 
a certificate holder as of the date of enactment of this 
Act. 
SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPEC-
TORS. 
(a) IN GENERAL.—An individual serving as a prin-
cipal supervisory inspector of the Federal Aviation Admin-
istration (in this section referred to as the ‘‘Agency)’’ may 
not be responsible for overseeing the operations of a single 
air carrier for a continuous period of more than 5 years. 
(b) TRANSITIONAL PROVISION.—An individual serv-
ing as a principal supervisory inspector of the Agency with 
respect to an air carrier as of the date of enactment of 
this Act may be responsible for overseeing the operations 
of the carrier until the last day of the 5-year period speci-
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS
HR 6493 RFS 
fied in subsection (a) or last day of the 2-year period be-
ginning on such date of enactment, whichever is later. 
(c) ISSUANCE OF ORDER.—Not later than 30 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall issue an 
order to carry out this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator 
such sums as may be necessary to carry out this section. 
SEC. 6. HEADQUARTERS REVIEW OF AIR TRANSPORTATION 
OVERSIGHT SYSTEM DATABASE. 
(a) REVIEWS.—The Administrator of the Federal 
Aviation Administration shall establish a process by which 
the air transportation oversight system database of the 
Federal Aviation Administration (in this section referred 
to as the ‘‘Agency’’) is reviewed by a team of employees 
of the Agency on a monthly basis to ensure that— 
(1) any trends in regulatory compliance are 
identified; and 
(2) appropriate corrective actions are taken in 
accordance with Agency regulations, advisory direc-
tives, policies, and procedures. 
(b) MONTHLY TEAM REPORTS.— 
(1) IN GENERAL.—The team of employees con-
ducting a monthly review of the air transportation 
VerDate Aug 31 2005 
01:55 Jul 24, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6493.RFS
H6493
erowe on PRODPC61 with BILLS