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(1), the National Academy of Sciences shall submit a 
report to the Administrator containing its findings 
under the study and any recommendations for regu-
latory or administrative actions by the Federal Avia-
tion Administration concerning commuting by pilots. 
(5) RULEMAKING.—Following receipt of the re-
port of the National Academy of Sciences under para-
graph (4), the Administrator shall— 
(A) consider the findings and recommenda-
tions in the report; and 
(B) update, as appropriate based on sci-
entific data, regulations required by subsection 
(a) on flight and duty time. 
SEC. 507. INCREASING SAFETY FOR HELICOPTER AND 
FIXED WING EMERGENCY MEDICAL SERVICE 
OPERATORS AND PATIENTS. 
(a) COMPLIANCE REGULATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 18 months after the date of 
enactment of this Act, helicopter and fixed wing air-
craft certificate holders providing emergency medical 
services shall comply with part 135 of title 14, Code 
of Federal Regulations, if there is a medical crew on 
board, without regard to whether there are patients on 
board.
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(2) EXCEPTION.—If a certificate holder described 
in paragraph (1) is operating under instrument flight 
rules or is carrying out training therefor— 
(A) the weather minimums and duty and 
rest time regulations under such part 135 of such 
title shall apply; and 
(B) the weather reporting requirement at 
the destination shall not apply until such time 
as the Administrator of the Federal Aviation Ad-
ministration determines that portable, reliable, 
and accurate ground-based weather measuring 
and reporting systems are available. 
(b) IMPLEMENTATION OF FLIGHT RISK EVALUATION 
PROGRAM.— 
(1) INITIATION.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall initiate 
a rulemaking— 
(A) to create a standardized checklist of risk 
evaluation factors based on Notice 8000.301, 
which was issued by the Administration on Au-
gust 1, 2005; and 
(B) to require helicopter and fixed wing 
aircraft emergency medical service operators to 
use the checklist created under subparagraph (A)
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to determine whether a mission should be accept-
ed. 
(2) COMPLETION.—The rulemaking initiated 
under paragraph (1) shall be completed not later than 
18 months after it is initiated. 
(c) COMPREHENSIVE CONSISTENT FLIGHT DISPATCH 
PROCEDURES.— 
(1) INITIATION.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall initiate 
a rulemaking— 
(A) to require that helicopter and fixed 
wing emergency medical service operators for-
malize and implement performance based flight 
dispatch and flight-following procedures; and 
(B) to develop a method to assess and en-
sure that such operators comply with the require-
ments described in subparagraph (A). 
(2) COMPLETION.—The rulemaking initiated 
under paragraph (1) shall be completed not later than 
18 months after it is initiated. 
(d) IMPROVING SITUATIONAL AWARENESS.—Within 1 
year after the date of enactment of this Act, any helicopter 
or fixed-wing aircraft used for emergency medical service 
shall have on board a device that performs the function of
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a terrain awareness and warning system and a means of 
displaying that information that meets the requirements of 
the applicable Federal Aviation Administration Technical 
Standard Order or other guidance prescribed by the Admin-
istrator. 
(e) IMPROVING THE DATA AVAILABLE ON AIR MED-
ICAL OPERATIONS.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall require each cer-
tificate holder for helicopters and fixed-wing aircraft 
used for emergency medical service operations to re-
port not later than 1 year after the date of enactment 
of this Act and annually thereafter on— 
(A) the number of aircraft and helicopters 
used to provide air ambulance services, the reg-
istration number of each of these aircraft or heli-
copters, and the base location of each of these 
aircraft or helicopters; 
(B) the number of flights and hours flown 
by each such aircraft or helicopter used by the 
certificate holder to provide such services during 
the reporting period; 
(C) the number of flights and the purpose of 
each flight for each aircraft or helicopter used by
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the certificate holder to provide such services 
during the reporting period; 
(D) the number of flight requests for a heli-
copter providing helicopter air ambulance serv-
ices that were accepted or declined by the certifi-
cate holder and the type of each such flight re-
quest (such as scene response, inter-facility 
transport, organ transport, or ferry or repo-
sitioning flight); 
(E) the number of accidents involving heli-
copters operated by the certificate holder while 
providing helicopter air ambulance services and 
a description of the accidents; 
(F) the number of flights and hours flown 
under instrument flight rules by helicopters oper-
ated by the certificate holder while providing hel-
icopter air ambulance services; 
(G) the time of day of each flight flown by 
helicopters operated by the certificate holder 
while providing helicopter air ambulance serv-
ices; and 
(H) The number of incidents where more 
helicopters arrive to transport patients than is 
needed in a flight request or scene response.
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(2) REPORT TO CONGRESS.—The Administrator 
of the Federal Aviation Administration shall report to 
Congress on the information received pursuant to 
paragraph (1) of this subsection no later than 18 
months after the date of enactment of this Act. 
(f) IMPROVING THE DATA AVAILABLE TO NTSB IN-
VESTIGATORS AT CRASH SITES.— 
(1) STUDY.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall issue a report 
that indicates the availability, survivability, size, 
weight, and cost of devices that perform the function 
of recording voice communications and flight data in-
formation on existing and new helicopters and exist-
ing and new fixed wing aircraft used for emergency 
medical service operations. 
(2) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall issue 
regulations that require devices that perform the func-
tion of recording voice communications and flight 
data information on board aircraft described in para-
graph (1). 
SEC. 508. CABIN CREW COMMUNICATION. 
(a) IN GENERAL.—Section 44728 is amended—
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(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following: 
‘‘(f) MINIMUM LANGUAGE SKILLS.— 
‘‘(1) IN GENERAL.—No certificate holder may use 
any person to serve, nor may any person serve, as a 
flight attendant under this part, unless that person 
has demonstrated to an individual qualified to deter-
mine proficiency the ability to read, speak, and write 
English well enough to— 
‘‘(A) read material written in English and 
comprehend the information; 
‘‘(B) speak and understand English suffi-
ciently to provide direction to, and understand 
and answer questions from, English-speaking in-
dividuals; 
‘‘(C) write incident reports and statements 
and log entries and statements; and 
‘‘(D) carry out written and oral instruc-
tions regarding the proper performance of their 
duties. 
‘‘(2) FOREIGN
FLIGHTS.—The requirements of 
paragraph (1) do not apply to service as a flight at-
tendant serving solely between points outside the 
United States.’’.
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(b) ADMINISTRATION.—The Administrator of the Fed-
eral Aviation Administration shall work with certificate 
holders to which section 44728(f) of title 49, United States 
Code, applies to facilitate compliance with the requirements 
of section 44728(f)(1) of that title. 
SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDER-
STANDING WITH OSHA. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall— 
(1) establish milestones, in consultation with the 
Occupational Safety and Health Administration, 
through a report to Congress for the completion of 
work begun under the August 2000 memorandum of 
understanding between the 2 Administrations and to 
address issues needing further action in the Adminis-
trations’ joint report in December 2000; and 
(2) initiate development of a policy statement to 
set forth the circumstances in which Occupational 
Safety and Health Administration requirements may 
be applied to crewmembers while working in the air-
craft. 
(b) POLICY STATEMENT.—The policy statement to be 
developed under subsection (a)(2) shall be completed within
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18 months after the date of enactment of this Act and shall 
satisfy the following principles: 
(1) The establishment of a coordinating body 
similar to the Aviation Safety and Health Joint 
Team established by the August 2000 memorandum of 
understanding that includes representatives des-
ignated by both Administrations— 
(A) to examine the applicability of current 
and future Occupational Safety and Health Ad-
ministration regulations; 
(B) to recommend policies for facilitating 
the training of Federal Aviation Administration 
inspectors; and 
(C) to make recommendations that will gov-
ern the inspection and enforcement of safety and 
health standards on board aircraft in operation 
and all work-related environments. 
(2) Any standards adopted by the Federal Avia-
tion Administration shall set forth clearly— 
(A) the circumstances under which an em-
ployer is required to take action to address occu-
pational safety and health hazards; 
(B) the measures required of an employer 
under the standard; and
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(C) the compliance obligations of an em-
ployer under the standard. 
SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLE-
MENTATION OF REQUIRED NAVIGATION PER-
FORMANCE APPROACH PROCEDURES. 
(a) IN GENERAL.— 
(1) ANNUAL
MINIMUM
REQUIRED
NAVIGATION 
PERFORMANCE
PROCEDURES.—The 
Administrator 
shall set a target of achieving a minimum of 200 Re-
quired Navigation Performance procedures each fiscal 
year through fiscal year 2012, with 25 percent of that 
target number meeting the low visibility approach 
criteria consistent with the NextGen Implementation 
Plan. 
(2) USE
OF
THIRD
PARTIES.—The Adminis-
trator is authorized to provide third parties the abil-
ity to design, flight check, and implement Required 
Navigation Performance approach procedures. 
(b) DOT INSPECTOR GENERAL REVIEW OF OPER-
ATIONAL
AND
APPROACH
PROCEDURES
BY
A
THIRD 
PARTY.— 
(1) REVIEW.—The Inspector General of the De-
partment of Transportation shall conduct a review re-
garding the effectiveness of the oversight activities 
conducted by the Administration in connection with
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any agreement with or delegation of authority to a 
third party for the development of flight procedures, 
including public use procedures, for the National Air-
space System. 
(2) ASSESSMENTS.—The Inspector General shall 
include, at a minimum, in the review— 
(A) an assessment of the extent to which the 
Administration is relying or intends to rely on 
a third party for the development of new proce-
dures and a determination of whether the Ad-
ministration has established sufficient mecha-
nisms and staffing to provide safety oversight 
functions, which may include quality assurance 
processes, flight checks, integration of procedures 
into the National Aviation System, and oper-
ational assessments of procedures developed by 
third parties; and 
(B) an assessment regarding whether the 
Administration has sufficient existing personnel 
and technical resources or mechanisms to develop 
such flight procedures in a safe and efficient 
manner to meet the demands of the National 
Airspace System without the use of third party 
resources.
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(c) REPORT.—No later than 1 year after the date of 
enactment of this Act, the Inspector General shall submit 
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure a report on the results 
of the review conducted under this section. 
SEC. 511. IMPROVED SAFETY INFORMATION. 
Not later than December 31, 2009, the Administrator 
of the Federal Aviation Administration shall issue a final 
rule in docket No. FAA–2008–0188, Re-registration and 
Renewal of Aircraft Registration. The final rule shall in-
clude— 
(1) provision for the expiration of a certificate 
for an aircraft registered as of the date of enactment 
of this Act, with re-registration requirements for those 
aircraft that remain eligible for registration; 
(2) provision for the periodic expiration of all 
certificates issued after the effective date of the rule 
with a registration renewal process; and 
(3) other measures to promote the accuracy and 
efficient operation and value of the Administration’s 
aircraft registry.
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SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 
IMPROVEMENTS. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall— 
(1) take such action as may be necessary to en-
sure that the Voluntary Disclosure Reporting Process 
requires inspectors— 
(A) to evaluate corrective action proposed 
by an air carrier with respect to a matter dis-
closed by that air carrier is sufficiently com-
prehensive in scope and application and applies 
to all affected aircraft operated by that air car-
rier before accepting the proposed voluntary dis-
closure; 
(B) to verify that corrective action so iden-
tified by an air carrier is completed within the 
timeframe proposed; and 
(C) to verify by inspection that the carrier’s 
corrective action adequately corrects the problem 
that was disclosed; and 
(2) establish a second level supervisory review of 
disclosures under the Voluntary Disclosure Reporting 
Process before any proposed disclosure is accepted and 
closed that will ensure that a matter disclosed by an 
air carrier—
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(A) has not been previously identified by a 
Federal Aviation Administration inspector; and 
(B) has not been previously disclosed by the 
carrier in the preceding 5 years. 
(b) GAO STUDY.— 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study of the Voluntary Disclosure Report-
ing Program. 
(2) REVIEW.—In conducting the study, the 
Comptroller General shall examine, at a minimum, 
whether— 
(A) there is evidence that voluntary disclo-
sure is resulting in regulated entities discovering 
and correcting violations to a greater extent than 
would otherwise occur if there was no program 
for immunity from enforcement action; 
(B) the voluntary disclosure program makes 
the Federal Aviation Administration aware of 
violations that it would not have discovered if 
there was not a program, and if a violation is 
disclosed voluntarily, whether the Administra-
tion insists on stronger corrective actions than 
would have occurred if the regulated entity knew 
of a violation, but the Administration did not;
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(C) the information the Administration gets 
under the program leads to fewer violations by 
other entities, either because the information 
leads other entities to look for similar violations 
or because the information leads Administration 
investigators to look for similar violations at 
other entities; and 
(D) there is any evidence that voluntary 
disclosure has improved compliance with regula-
tions, either for the entities making disclosures or 
for the industry generally. 
(3) REPORT.—Not later than one year after the 
date of enactment of this Act, the Comptroller General 
shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure on the results of the study 
conducted under this subsection. 
SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS. 
(a) IN GENERAL.—Section 44711 is amended by add-
ing at the end the following: 
‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 
STANDARDS INSPECTORS.— 
‘‘(1) PROHIBITION.—A person holding an oper-
ating certificate issued under title 14, Code of Federal
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Regulations, may not knowingly employ, or make a 
contractual arrangement which permits, an indi-
vidual to act as an agent or representative of the cer-
tificate holder in any matter before the Federal Avia-
tion Administration if the individual, in the pre-
ceding 3-year period— 
‘‘(A) served as, or was responsible for over-
sight of, a flight standards inspector of the Ad-
ministration; and 
‘‘(B) had responsibility to inspect, or over-
see inspection of, the operations of the certificate 
holder. 
‘‘(2) WRITTEN
AND
ORAL
COMMUNICATIONS.— 
For purposes of paragraph (1), an individual shall be 
considered to be acting as an agent or representative 
of a certificate holder in a matter before the Federal 
Aviation Administration if the individual makes any 
written or oral communication on behalf of the cer-
tificate holder to the Administration (or any of its of-
ficers or employees) in connection with a particular 
matter, whether or not involving a specific party and 
without regard to whether the individual has partici-
pated in, or had responsibility for, the particular 
matter while serving as a flight standards inspector 
of the Administration.’’.
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(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. 514. INDEPENDENT REVIEW OF SAFETY ISSUES. 
Within 30 days after the date of enactment of this Act, 
the Comptroller General shall initiate a review and inves-
tigation of air safety issues identified by Federal Aviation 
Administration employees and reported to the Adminis-
trator. The Comptroller General shall report the Govern-
ment Accountability Office’s findings and recommendations 
to the Administrator, the Senate Committee on Commerce, 
Science, and Transportation, and the House of Representa-
tives Committee on Transportation and Infrastructure on 
an annual basis. 
SEC. 515. NATIONAL REVIEW TEAM. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall establish a national review 
team within the Administration to conduct periodic, unan-
nounced, and random reviews of the Administration’s over-
sight of air carriers and report annually its findings and 
recommendations to the Administrator, the Senate Com-
merce, Science, and Transportation Committee, and the 
House of Representatives Committee on Transportation and 
Infrastructure.
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(b) LIMITATION.—The Administrator shall prohibit a 
member of the National Review Team from participating 
in any review or audit of an air carrier under subsection 
(a) if the member has previously had responsibility for in-
specting, or overseeing the inspection of, the operations of 
that air carrier. 
(c) INSPECTOR GENERAL REPORTS.—The Inspector 
General of the Department of Transportation shall provide 
progress reports to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure on 
the review teams and their effectiveness. 
SEC. 516. FAA ACADEMY IMPROVEMENTS. 
(a) REVIEW.—Within 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Aviation 
Administration shall conduct a comprehensive review and 
evaluation of its Academy and facility training efforts. 
(b) FACILITY TRAINING PROGRAM.—The Adminis-
trator shall— 
(1) clarify responsibility for oversight and direc-
tion of the Academy’s facility training program at 
the national level; 
(2) communicate information concerning that re-
sponsibility to facility managers; and
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(3) establish standards to identify the number of 
developmental controllers that can be accommodated 
at each facility, based on— 
(A) the number of available on-the-job- 
training instructors; 
(B) available classroom space; 
(C) the number of available simulators; 
(D) training requirements; and 
(E) the number of recently placed new per-
sonnel already in training. 
SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPER-
ATIONAL ERRORS. 
(a) PLAN.—The Administrator of the Federal Aviation 
Administration shall develop a plan for the reduction of 
runway incursions by reviewing every commercial service 
airport (as defined in section 47102 of title 49, United 
States Code) in the United States and initiating action to 
improve airport lighting, provide better signage, and im-
prove runway and taxiway markings. 
(b) PROCESS.—Within 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Aviation 
Administration shall develop a process for tracking and in-
vestigating operational errors and runway incursions that 
includes—
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(1) identifying the office responsible for estab-
lishing regulations regarding operational errors and 
runway incursions; 
(2) identifying who is responsible for tracking 
and investigating operational errors and runway in-
cursions and taking remedial actions; 
(3) identifying who is responsible for tracking 
operational errors and runway incursions, including 
a process for lower level employees to report to higher 
supervisory levels; and 
(4) periodic random audits of the oversight proc-
ess. 
SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE. 
Section 106 is amended by adding at the end the fol-
lowing: 
‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Administration an Aviation Safety Whistleblower 
Investigation Office. 
‘‘(2) DIRECTOR.— 
‘‘(A) APPOINTMENT.—The head of the Office 
shall be the Director, who shall be appointed by 
the Secretary of Transportation.
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‘‘(B) QUALIFICATIONS.—The Director shall 
have a demonstrated ability in investigations 
and knowledge of or experience in aviation. 
‘‘(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 
occurring before the expiration of the term for 
which the individual’s predecessor was appointed 
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 employees 
of the Administration concerning the pos-
sible existence of an activity relating to a 
violation of an order, regulation, or stand-
ard of the Administration or any other pro-
vision of Federal law relating to aviation 
safety;
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‘‘(ii) assess complaints and informa-
tion submitted under clause (i) and deter-
mine whether a substantial likelihood exists 
that a violation of an order, regulation, or 
standard of the Administration or any 
other provision of Federal law relating to 
aviation safety may have occurred; and 
‘‘(iii) based on findings of the assess-
ment conducted under clause (ii), make rec-
ommendations to the Administrator in 
writing for further investigation or correc-
tive actions. 
‘‘(B) DISCLOSURE OF IDENTITIES.—The Di-
rector shall not disclose the identity of an indi-
vidual 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. 
‘‘(C) INDEPENDENCE
OF
DIRECTOR.—The 
Secretary, the Administrator, or any officer or 
employee of the Administration may not prevent 
or prohibit the Director from initiating, car-
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rying out, or completing any assessment of a 
complaint or information submitted subpara-
graph (A)(i) or from reporting to Congress on 
any such assessment. 
‘‘(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-
ommendations, and other material necessary to 
determine whether a substantial likelihood exists 
that a violation of an order, regulation, or 
standard of the Administration or any other pro-
vision of Federal law relating to aviation safety 
may have occurred. 
‘‘(4) RESPONSES TO RECOMMENDATIONS.— 
The Administrator shall respond to a rec-
ommendation made by the Director under sub-
paragraph (A)(iii) in writing and retain records 
related to any further investigations or corrective 
actions taken in response to the recommendation. 
‘‘(5) INCIDENT REPORTS.—If the Director deter-
mines there is a substantial likelihood that a viola-
tion of an order, regulation, or standard of the Ad-
ministration or any other provision of Federal law
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relating 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 Depart-
ment of Transportation. 
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO 
INSPECTOR GENERAL.—If the Director has reasonable 
grounds to believe that there has been a violation of 
Federal criminal law, the Director shall report the 
violation expeditiously to the Inspector General. 
‘‘(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 Ad-
ministrator to such recommendations.’’.
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SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIA-
TIVE. 
(a) MODIFICATION OF INITIATIVE.—Not later than 90 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall modify 
the customer service initiative, mission and vision state-
ments, and other statements of policy of the Administra-
tion— 
(1) to remove any reference to air carriers or 
other entities regulated by the Administration as 
‘‘customers’’; 
(2) to clarify that in regulating safety the only 
customers of the Administration are members of the 
traveling public; and 
(3) to clarify that air carriers and other entities 
regulated by the Administration do not have the right 
to select the employees of the Administration who will 
inspect their operations. 
(b) SAFETY PRIORITY.—In carrying out the Adminis-
trator’s responsibilities, the Administrator shall ensure that 
safety is given a higher priority than preventing the dis-
satisfaction of an air carrier or other entity regulated by 
the Administration with an employee of the Administra-
tion.
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SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPOR-
TATION 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 Ad-
ministration 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 
oversight system database under subsection (a) shall 
submit to the Administrator, the Associate Adminis-
trator for Aviation Safety, and the Director of Flight 
Standards a report on the results of the review. 
(2) CONTENTS.—A report submitted under para-
graph (1) shall identify— 
(A) any trends in regulatory compliance 
discovered by the team of employees in con-
ducting the monthly review; and 
(B) any corrective actions taken or proposed 
to be taken in response to the trends.
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(c) QUARTERLY REPORTS TO CONGRESS.—The Ad-
ministrator, on a quarterly basis, shall submit a report to 
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure on the results of reviews 
of the air transportation oversight system database con-
ducted under this section, including copies of reports re-
ceived under subsection (b). 
SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS. 
(a) IN GENERAL.—Chapter 447 is amended by adding 
at the end the following: 
‘‘§ 44730. Inspection of foreign repair stations 
‘‘(a) IN GENERAL.—Within 1 year after the date of 
enactment of the FAA Air Transportation Modernization 
and Safety Improvement Act the Administrator of the Fed-
eral Aviation Administration shall establish and implement 
a safety assessment system for all part 145 repair stations 
based on the type, scope, and complexity of work being per-
formed. The system shall— 
‘‘(1) ensure that repair stations outside the 
United States are subject to appropriate inspections 
based on identified risk and consistent with existing 
United States requirements; 
‘‘(2) consider inspection results and findings 
submitted by foreign civil aviation authorities oper-
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ating under a maintenance safety or maintenance 
implementation agreement with the United States in 
meeting the requirements of the safety assessment sys-
tem; and 
‘‘(3) require all maintenance safety or mainte-
nance implementation agreements to provide an op-
portunity for the Federal Aviation Administration to 
conduct independent inspections of covered part 145 
repair stations when safety concerns warrant such in-
spections. 
‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The 
Administrator shall notify the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture within 30 days after initiating formal negotiations 
with foreign aviation authorities or other appropriate for-
eign government agencies on a new maintenance safety or 
maintenance implementation agreement. 
‘‘(c) ANNUAL REPORT.—The Administrator shall pub-
lish an annual report on the Federal Aviation Administra-
tion’s oversight of part 145 repair stations and implemen-
tation of the safety assessment system required by subsection 
(a). The report shall— 
‘‘(1) describe in detail any improvements in the 
Federal Aviation Administration’s ability to identify
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and track where part 121 air carrier repair work is 
performed; 
‘‘(2) include a staffing model to determine the 
best placement of inspectors and the number of in-
spectors needed; 
‘‘(3) describe the training provided to inspectors; 
and 
‘‘(4) include an assessment of the quality of mon-
itoring and surveillance by the Federal Aviation Ad-
ministration of work provided by its inspectors and 
the inspectors of foreign authorities operating under 
a maintenance safety or implementation agreement. 
‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCE TEST-
ING PROGRAM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretaries of State and 
Transportation jointly shall request the governments 
of foreign countries that are members of the Inter-
national Civil Aviation Organization to establish 
international standards for alcohol and controlled 
substances testing of persons that perform safety sen-
sitive maintenance functions upon commercial air 
carrier aircraft. 
‘‘(2) APPLICATION
TO
PART
121 
AIRCRAFT 
WORK.—Within 1 year after the date of enactment of 
the FAA Air Transportation Modernization and Safe-
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ty Improvement Act the Administrator shall promul-
gate a proposed rule requiring that all part 145 re-
pair station employees responsible for safety-sensitive 
functions on part 121 air carrier aircraft are subject 
to an alcohol and controlled substance testing pro-
gram determined acceptable by the Administrator and 
consistent with the applicable laws of the country in 
which the repair station is located. 
‘‘(e) BIANNUAL
INSPECTIONS.—The Administrator 
shall require part 145 repair stations to be inspected twice 
each year by Federal Aviation Administration safety in-
spectors, regardless of where the station is located, in a 
manner consistent with United States obligations under 
international agreements. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) PART 121 AIR CARRIER.—The term ‘part 
121 air carrier’ means an air carrier that holds a 
certificate issued under part 121 of title 14, Code of 
Federal Regulations. 
‘‘(2) PART 145 REPAIR
STATION.—The term 
‘part 145 repair station’ means a repair station that 
holds a certificate issued under part 145 of title 14, 
Code of Federal Regulations.’’.
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(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 447 is amended by adding at the end thereof 
the following: 
‘‘44730. Inspection of foreign repair stations’’. 
SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS. 
(a) REGULATIONS.—Not later than 3 years after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall issue regulations requir-
ing that all covered maintenance work on aircraft used to 
provide air transportation under part 121 of title 14, Code 
of Federal Regulations, be performed by individuals in ac-
cordance with subsection (b). 
(b) PERSONS AUTHORIZED TO PERFORM CERTAIN 
WORK.—No individual may perform covered maintenance 
work on aircraft used to provide air transportation under 
part 121 of title 14, Code of Federal Regulations unless that 
individual is employed by— 
(1) a part 121 air carrier; 
(2) a part 145 repair station or a person author-
ized under section 43.17 of title 14, Code of Federal 
Regulations; 
(3) a person that provides contract maintenance 
workers or services to a part 145 repair station or 
part 121 air carrier, and the individual— 
(A) meets the requirements of the part 121 
air carrier or the part 145 repair station;
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(3) PART 145 REPAIR STATION.—The term ‘‘part 
145 repair station’’ has the meaning given that term 
in section 44730(f)(2) of title 49, United States Code. 
SEC. 523. USE OF EXPLOSIVE PEST CONTROL DEVICES. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall submit to Congress a report that— 
(1) describes the use throughout the United 
States of explosive pest control devices in mitigating 
bird strikes in flight operations; 
(2) evaluates the utility, cost-effectiveness, and 
safety of using explosive pest control devices in wild-
life management; and 
(3) evaluates the potential impact on flight safe-
ty and operations if explosive pest control devices 
were made unavailable or more costly during subse-
quent calendar years. 
SUBTITLE B—FLIGHT SAFETY 
SEC. 551. FAA PILOT RECORDS DATABASE. 
(a) RECORDS
OF EMPLOYMENT
OF PILOT APPLI-
CANTS.—Section 44703(h) is amended by adding at the end 
the following: 
‘‘(16) APPLICABILITY.—This subsection shall 
cease to be effective on the date specified in regula-
tions issued under subsection (i).’’.
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(b) ESTABLISHMENT OF FAA PILOT RECORDS DATA-
BASE.—Section 44703 is amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) FAA PILOT RECORDS DATABASE.— 
‘‘(1) IN
GENERAL.—Before allowing an indi-
vidual to begin service as a pilot, an air carrier shall 
access and evaluate, in accordance with the require-
ments of this subsection, information pertaining to 
the individual from the pilot records database estab-
lished under paragraph (2). 
‘‘(2) PILOT RECORDS DATABASE.—The Adminis-
trator shall establish an electronic database (in this 
subsection referred to as the ‘database’) containing the 
following records: 
‘‘(A) FAA RECORDS.—From the Adminis-
trator— 
‘‘(i) records that are maintained by the 
Administrator concerning current airman 
certificates, including airman medical cer-
tificates and associated type ratings and in-
formation on any limitations to those cer-
tificates and ratings;
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‘‘(ii) records that are maintained by 
the Administrator concerning any failed at-
tempt of an individual to pass a practical 
test required to obtain a certificate or type 
rating under part 61 of title 14, Code of 
Federal Regulations; and 
‘‘(iii) summaries of legal enforcement 
actions resulting in a finding by the Ad-
ministrator of a violation of this title or a 
regulation prescribed or order issued under 
this title that was not subsequently over-
turned. 
‘‘(B) AIR CARRIER AND OTHER RECORDS.— 
From any air carrier or other person (except a 
branch of the Armed Forces, the National Guard, 
or a reserve component of the Armed Forces) that 
has employed an individual as a pilot of a civil 
or public aircraft, or from the trustee in bank-
ruptcy for such air carrier or person— 
‘‘(i) records pertaining to the indi-
vidual that are maintained by the air car-
rier (other than records relating to flight 
time, duty time, or rest time), including 
records under regulations set forth in—
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‘‘(I) section 121.683 of title 14, 
Code of Federal Regulations; 
‘‘(II) paragraph (A) of section VI, 
appendix I, part 121 of such title; 
‘‘(III) paragraph (A) of section 
IV, appendix J, part 121 of such title; 
‘‘(IV) section 125.401 of such title; 
and 
‘‘(V) section 135.63(a)(4) of such 
title; and 
‘‘(ii) other records pertaining to the in-
dividual’s performance as a pilot that are 
maintained by the air carrier or person 
concerning— 
‘‘(I) the training, qualifications, 
proficiency, or professional competence 
of the individual, including comments 
and evaluations made by a check air-
man designated in accordance with 
section 121.411, 125.295, or 135.337 of 
such title; 
‘‘(II) any disciplinary action 
taken with respect to the individual 
that was not subsequently overturned; 
and
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‘‘(III) any release from employ-
ment or resignation, termination, or 
disqualification with respect to em-
ployment. 
‘‘(C) 
NATIONAL
DRIVER
REGISTER 
RECORDS.—In 
accordance 
with 
section 
30305(b)(8) of this title, from the chief driver li-
censing official of a State, information con-
cerning the motor vehicle driving record of the 
individual. 
‘‘(3) WRITTEN CONSENT; RELEASE FROM LIABIL-
ITY.—An air carrier— 
‘‘(A) shall obtain the written consent of an 
individual before accessing records pertaining to 
the individual under paragraph (1); and 
‘‘(B) may, notwithstanding any other pro-
vision of law or agreement to the contrary, re-
quire an individual with respect to whom the 
carrier is accessing records under paragraph (1) 
to execute a release from liability for any claim 
arising from accessing the records or the use of 
such records by the air carrier in accordance 
with this section (other than a claim arising 
from furnishing information known to be false
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and maintained in violation of a criminal stat-
ute). 
‘‘(4) REPORTING.— 
‘‘(A) REPORTING BY ADMINISTRATOR.—The 
Administrator shall enter data described in 
paragraph (2)(A) into the database promptly to 
ensure that an individual’s records are current. 
‘‘(B) REPORTING
BY
AIR
CARRIERS
AND 
OTHER PERSONS.— 
‘‘(i) IN
GENERAL.—Air carriers and 
other persons shall report data described in 
paragraphs (2)(B) and (2)(C) to the Ad-
ministrator promptly for entry into the 
database. 
‘‘(ii) DATA
TO
BE
REPORTED.—Air 
carriers and other persons shall report, at a 
minimum, under clause (i) the following 
data described in paragraph (2)(B): 
‘‘(I) Records that are generated by 
the air carrier or other person after the 
date of enactment of the FAA Air 
Transportation 
Modernization 
and 
Safety Improvement Act. 
‘‘(II) Records that the air carrier 
or other person is maintaining, on
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such date of enactment, pursuant to 
subsection (h)(4). 
‘‘(5) REQUIREMENT
TO
MAINTAIN
RECORDS.— 
The Administrator— 
‘‘(A) shall maintain all records entered into 
the database under paragraph (2) pertaining to 
an individual until the date of receipt of notifi-
cation that the individual is deceased; and 
‘‘(B) may remove the individual’s records 
from the database after that date. 
‘‘(6) RECEIPT OF CONSENT.—The Administrator 
shall not permit an air carrier to access records per-
taining to an individual from the database under 
paragraph (1) without the air carrier first dem-
onstrating to the satisfaction of the Administrator 
that the air carrier has obtained the written consent 
of the individual. 
‘‘(7) RIGHT
OF
PILOT
TO
REVIEW
CERTAIN 
RECORDS
AND
CORRECT
INACCURACIES.—Notwith-
standing any other provision of law or agreement, the 
Administrator, upon receipt of written request from 
an individual— 
‘‘(A) shall make available, not later than 30 
days after the date of the request, to the indi-
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vidual for review all records referred to in para-
graph (2) pertaining to the individual; and 
‘‘(B) shall provide the individual with a 
reasonable opportunity to submit written com-
ments to correct any inaccuracies contained in 
the records. 
‘‘(8) REASONABLE
CHARGES
FOR
PROCESSING 
REQUESTS AND FURNISHING COPIES.—The Adminis-
trator may establish a reasonable charge for the cost 
of processing a request under paragraph (1) or (7) 
and for the cost of furnishing copies of requested 
records under paragraph (7). 
‘‘(9) PRIVACY PROTECTIONS.— 
‘‘(A) USE
OF
RECORDS.—An air carrier 
that accesses records pertaining to an individual 
under paragraph (1) may use the records only to 
assess the qualifications of the individual in de-
ciding whether or not to hire the individual as 
a pilot. The air carrier shall take such actions 
as may be necessary to protect the privacy of the 
individual and the confidentiality of the records 
accessed, including ensuring that information 
contained in the records is not divulged to any 
individual that is not directly involved in the 
hiring decision.
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‘‘(B) DISCLOSURE OF INFORMATION.— 
‘‘(i) IN GENERAL.—Except as provided 
by clause (ii), information collected by the 
Administrator under paragraph (2) shall be 
exempt from the disclosure requirements of 
section 552 of title 5. 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply to— 
‘‘(I) de-identified, summarized in-
formation to explain the need for 
changes in policies and regulations; 
‘‘(II) information to correct a con-
dition that compromises safety; 
‘‘(III) information to carry out a 
criminal investigation or prosecution; 
‘‘(IV) information to comply with 
section 44905, regarding information 
about threats to civil aviation; and 
‘‘(V) such information as the Ad-
ministrator determines necessary, if 
withholding the information would not 
be consistent with the safety respon-
sibilities of the Federal Aviation Ad-
ministration.
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‘‘(10) PERIODIC
REVIEW.—Not later than 18 
months after the date of enactment of the FAA Air 
Transportation Modernization and Safety Improve-
ment Act, and at least once every 3 years thereafter, 
the Administrator shall transmit to Congress a state-
ment that contains, taking into account recent devel-
opments in the aviation industry— 
‘‘(A) recommendations by the Administrator 
concerning proposed changes to Federal Aviation 
Administration records, air carrier records, and 
other records required to be included in the data-
base under paragraph (2); or 
‘‘(B) reasons why the Administrator does 
not recommend any proposed changes to the 
records referred to in subparagraph (A). 
‘‘(11) REGULATIONS FOR PROTECTION AND SE-
CURITY OF RECORDS.—The Administrator shall pre-
scribe such regulations as may be necessary— 
‘‘(A) to protect and secure— 
‘‘(i) the personal privacy of any indi-
vidual whose records are accessed under 
paragraph (1); and 
‘‘(ii) 
the 
confidentiality 
of 
those 
records; and
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‘‘(B) to preclude the further dissemination 
of records received under paragraph (1) by the 
person who accessed the records. 
‘‘(12) 
GOOD
FAITH
EXCEPTION.—Notwith-
standing paragraph (1), an air carrier may allow an 
individual to begin service as a pilot, without first 
obtaining information described in paragraph (2)(B) 
from the database pertaining to the individual, if— 
‘‘(A) the air carrier has made a documented 
good faith attempt to access the information 
from the database; and 
‘‘(B) has received written notice from the 
Administrator that the information is not con-
tained in the database because the individual 
was employed by an air carrier or other person 
that no longer exists or by a foreign government 
or other entity that has not provided the infor-
mation to the database. 
‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO 
RECORDS.— 
‘‘(A) ACCESS BY INDIVIDUALS DESIGNATED 
BY AIR CARRIERS.—For the purpose of increas-
ing timely and efficient access to records de-
scribed in paragraph (2), the Administrator may 
allow, under terms established by the Adminis-
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trator, an individual designated by an air car-
rier to have electronic access to the database. 
‘‘(B) TERMS.—The terms established by the 
Administrator under subparagraph (A) for al-
lowing a designated individual to have electronic 
access to the database shall limit such access to 
instances in which information in the database 
is required by the designated individual in mak-
ing a hiring decision concerning a pilot appli-
cant and shall require that the designated indi-
vidual provide assurances satisfactory to the Ad-
ministrator that— 
‘‘(i) the designated individual has re-
ceived the written consent of the pilot appli-
cant to access the information; and 
‘‘(ii) information obtained using such 
access will not be used for any purpose 
other than making the hiring decision. 
‘‘(14) REGULATIONS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall issue regulations to carry out this sub-
section. 
‘‘(B) EFFECTIVE
DATE.—The regulations 
shall specify the date on which the requirements 
of this subsection take effect and the date on
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which the requirements of subsection (h) cease to 
be effective. 
‘‘(C) EXCEPTIONS.—Notwithstanding sub-
paragraph (B)— 
‘‘(i) the Administrator shall begin to 
establish the database under paragraph (2) 
not later than 90 days after the date of en-
actment of the FAA Air Transportation 
Modernization and Safety Improvement 
Act; 
‘‘(ii) the Administrator shall maintain 
records in accordance with paragraph (5) 
beginning on the date of enactment of that 
Act; and 
‘‘(iii) air carriers and other persons 
shall maintain records to be reported to the 
database under paragraph (4)(B) in the pe-
riod beginning on such date of enactment 
and ending on the date that is 5 years after 
the requirements of subsection (h) cease to 
be effective pursuant to subparagraph (B). 
‘‘(15) SPECIAL RULE.—During the one-year pe-
riod beginning on the date on which the requirements 
of this section become effective pursuant to paragraph
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(15)(B), paragraph (7)(A) shall be applied by sub-
stituting ‘45 days’ for ‘30 days’.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) LIMITATION ON LIABILITY; PREEMPTION OF 
STATE
LAW.—Section 44703(j) (as redesignated by 
subsection (b)(1) of this section) is amended— 
(A) in the subsection heading by striking 
‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘paragraph (2)’’ and 
inserting ‘‘subsection (h)(2) or (i)(3)’’; 
(ii) in subparagraph (A) by inserting 
‘‘or accessing the records of that individual 
under subsection (i)(1)’’ before the semi-
colon; and 
(iii) in the matter following subpara-
graph (D) by striking ‘‘subsection (h)’’ and 
inserting ‘‘subsection (h) or (i)’’; 
(C) in paragraph (2) by striking ‘‘sub-
section (h)’’ and inserting ‘‘subsection (h) or 
(i)’’; 
(D) in paragraph (3), in the matter pre-
ceding subparagraph (A), by inserting ‘‘or who 
furnished information to the database established
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under 
subsection 
(i)(2)’’ 
after 
‘‘subsection 
(h)(1)’’; and 
(E) by adding at the end the following: 
‘‘(4) PROHIBITION
ON
ACTIONS
AND
PRO-
CEEDINGS AGAINST AIR CARRIERS.— 
‘‘(A) HIRING
DECISIONS.—An air carrier 
may refuse to hire an individual as a pilot if the 
individual did not provide written consent for 
the air carrier to receive records under subsection 
(h)(2)(A) or (i)(3)(A) or did not execute the re-
lease from liability requested under subsection 
(h)(2)(B) or (i)(3)(B). 
‘‘(B) ACTIONS AND PROCEEDINGS.—No ac-
tion or proceeding may be brought against an 
air carrier by or on behalf of an individual who 
has applied for or is seeking a position as a pilot 
with the air carrier if the air carrier refused to 
hire the individual after the individual did not 
provide written consent for the air carrier to re-
ceive records under subsection (h)(2)(A) or 
(i)(3)(A) or did not execute a release from liabil-
ity requested under subsection (h)(2)(B) or 
(i)(3)(B).’’. 
(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Section 44703(k) (as redesignated by sub-
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section (b)(1) of this section) is amended by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (h) or (i)’’. 
SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS. 
(a) IN GENERAL.—Within 60 days after the date of 
enactment of this Act, the Administrator shall initiate and 
complete a rulemaking to require part 121 air carriers— 
(1) to implement, as part of their safety manage-
ment systems— 
(A) an Aviation Safety Action Program; 
(B) a Flight Operations Quality Assurance 
Program; 
(C) a Line Operational Safety Audit Pro-
gram; and 
(D) a Flight Crew Fatigue Risk Manage-
ment Program; 
(2) to implement appropriate privacy protection 
safeguards with respect to data included in such pro-
grams; and 
(3) to provide appropriate collaboration and 
operational oversight of regional/commuter air car-
riers by affiliated major air carriers that include— 
(A) periodic safety audits of flight oper-
ations; 
(B) training, maintenance, and inspection 
programs; and
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(C) provisions for the exchange of safety in-
formation. 
(b) EFFECT
ON
ADVANCED
QUALIFICATION
PRO-
GRAM.—Implementation of the programs under subsection 
(a)(1) neither limits nor invalidates the Federal Aviation 
Administration’s advanced qualification program. 
(c) LIMITATIONS
ON
DISCIPLINE
AND
ENFORCE-
MENT.—The Administrator shall require that each of the 
programs described in subsection (a)(1)(A) and (B) estab-
lish protections for an air carrier or employee submitting 
data or reports against disciplinary or enforcement actions 
by any Federal agency or employer. The protections shall 
not be less than the protections provided under Federal 
Aviation Administration Advisory Circulars governing 
those programs, including Advisory Circular AC No. 120– 
66 and AC No. 120–82. 
(d) CVR DATA.—The Administrator, acting in col-
laboration with aviation industry interested parties, shall 
consider the merits and feasibility of incorporating cockpit 
voice recorder data in safety oversight practices. 
(e) ENFORCEMENT CONSISTENCY.—Within 9 months 
after the date of enactment of this Act, the Administrator 
shall—
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(1) develop and implement a plan that will en-
sure that the FAA’s safety enforcement plan is con-
sistently enforced; and 
(2) ensure that the FAA’s safety oversight pro-
gram is reviewed periodically and updated as nec-
essary. 
SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES TO 
SAFETY RECOMMENDATIONS. 
(a) IN GENERAL.—The first sentence of section 1135(a) 
is amended by inserting ‘‘to the National Transportation 
Safety Board’’ after ‘‘shall give’’. 
(b) AIR CARRIER SAFETY RECOMMENDATIONS.—Sec-
tion 1135 is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) ANNUAL REPORT ON AIR CARRIER SAFETY REC-
OMMENDATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall submit 
an annual report to the Congress and the Board on 
the recommendations made by the Board to the Sec-
retary regarding air carrier operations conducted 
under part 121 of title 14, Code of Federal Regula-
tions.
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‘‘(2) RECOMMENDATIONS TO BE COVERED.—The 
report shall cover— 
‘‘(A) any recommendation for which the 
Secretary has developed, or intends to develop, 
procedures to adopt the recommendation or part 
of the recommendation, but has yet to complete 
the procedures; and 
‘‘(B) any recommendation for which the 
Secretary, in the preceding year, has issued a re-
sponse under subsection (a)(2) or (a)(3) refusing 
to carry out all or part of the procedures to 
adopt the recommendation. 
‘‘(3) CONTENTS.— 
‘‘(A) PLANS
TO
ADOPT
RECOMMENDA-
TIONS.—For each recommendation of the Board 
described in paragraph (2)(A), the report shall 
contain— 
‘‘(i) a description of the recommenda-
tion; 
‘‘(ii) a description of the procedures 
planned for adopting the recommendation 
or part of the recommendation; 
‘‘(iii) the proposed date for completing 
the procedures; and
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‘‘(iv) if the Secretary has not met a 
deadline contained in a proposed timeline 
developed in connection with the rec-
ommendation under subsection (b), an ex-
planation for not meeting the deadline. 
‘‘(B) REFUSALS TO ADOPT RECOMMENDA-
TIONS.—For each recommendation of the Board 
described in paragraph (2)(B), the report shall 
contain— 
‘‘(i) a description of the recommenda-
tion; and 
‘‘(ii) a description of the reasons for 
the refusal to carry out all or part of the 
procedures to adopt the recommendation.’’. 
(c) IMPLEMENTATION
OF
NTSB SAFETY
REC-
OMMENDATIONS.— 
(1) INSPECTION.—As part of the annual inspec-
tion of general aviation aircraft, the Administrator of 
the Federal Aviation Administration (referred to in 
this section as the ‘‘Administrator’’) shall require a 
detailed inspection of each emergency locator trans-
mitter (referred to in this section as ‘‘ELT’’) installed 
in general aviation aircraft operating in the United 
States to ensure that each ELT is mounted and re-
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tained in accordance with the manufacturer’s speci-
fications. 
(2) MOUNTING AND RETENTION.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
Administrator shall determine if the ELT 
mounting requirements and retention tests speci-
fied by Technical Standard Orders C91a and 
C126 are adequate to assess retention capabili-
ties in ELT designs. 
(B) REVISION.—Based on the results of the 
determination conducted under subparagraph 
(A), the Administrator shall make any necessary 
revisions to the requirements and tests referred to 
in subparagraph (A) to ensure that emergency 
locator transmitters are properly retained in the 
event of an airplane accident. 
(3) REPORT.—Upon the completion of the revi-
sions required under paragraph (2)(B), the Adminis-
trator shall submit a report on the implementation of 
this subsection to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Transportation and 
Infrastructure of the House of Representatives.
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SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY AS-
SURANCE, AVIATION SAFETY ACTION, AND 
LINE 
OPERATIONAL 
SAFETY 
AUDIT 
PRO-
GRAMS. 
(a) LIMITATION ON DISCLOSURE AND USE OF INFOR-
MATION.— 
(1) IN GENERAL.—Except as provided by this 
section, a party in a judicial proceeding may not use 
discovery to obtain— 
(A) an Aviation Safety Action Program re-
port; 
(B) Flight Operational Quality Assurance 
Program data; or 
(C) a Line Operations Safety Audit Pro-
gram report. 
(2) FOIA NOT APPLICABLE.—Section 522 of title 
5, United States Code, shall not apply to reports or 
data described in paragraph (1). 
(3) EXCEPTIONS.—Nothing in paragraph (1) or 
(2) prohibits the FAA from disclosing information 
contained in reports or data described in paragraph 
(1) if withholding the information would not be con-
sistent with the FAA’s safety responsibilities, includ-
ing—
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(A) a summary of information, with identi-
fying information redacted, to explain the need 
for changes in policies or regulations; 
(B) information provided to correct a con-
dition that compromises safety, if that condition 
continues uncorrected; or 
(C) information provided to carry out a 
criminal investigation or prosecution. 
(b) PERMISSIBLE DISCOVERY
FOR SUCH REPORTS 
AND DATA.—Except as provided in subsection (c), a court 
may allow discovery by a party of an Aviation Safety Ac-
tion Program report, Flight Operational Quality Assurance 
Program data, or a Line Operations Safety Audit Program 
report if, after an in camera review of the information, the 
court determines that a party to a claim or defense in the 
proceeding shows a particularized need for the report or 
data that outweighs the need for confidentiality of the report 
or data, considering the confidential nature of the report 
or data, and upon a showing that the report or data is 
both relevant to the preparation of a claim or defense and 
not otherwise known or available. 
(c) PROTECTIVE ORDER.—When a court allows dis-
covery, in a judicial proceeding, of an Aviation Safety Ac-
tion Program report, Flight Operational Quality Assurance
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Program data, or a Line Operations Safety Audit Program 
report, the court shall issue a protective order— 
(1) to limit the use of the information contained 
in the report or data to the judicial proceeding; 
(2) to prohibit dissemination of the report or 
data to any person that does not need access to the 
report for the proceeding; and 
(3) to limit the use of the report or data in the 
proceeding to the uses permitted for privileged self- 
analysis information as defined under the Federal 
Rules of Evidence. 
(d) SEALED INFORMATION.—A court may allow an 
Aviation Safety Action Program report, Flight Operational 
Quality Assurance Program data, or a Line Operations 
Safety Audit Program report to be admitted into evidence 
in a judicial proceeding only if the court places the report 
or data under seal to prevent the use of the report or data 
for purposes other than for the proceeding. 
(e) SAFETY RECOMMENDATIONS.—This section does 
not prevent the National Transportation Safety Board from 
referring at any time to information contained in an Avia-
tion Safety Action Program report, Flight Operational 
Quality Assurance Program data, or a Line Operations 
Safety Audit Program report in making safety rec-
ommendations.
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(f) WAIVER.—Any waiver of the privilege for self-anal-
ysis information by a protected party, unless occasioned by 
the party’s own use of the information in presenting a 
claim or defense, must be in writing. 
SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, 
TESTING, 
AND 
CERTIFICATION 
REQUIRE-
MENTS. 
(a) TRAINING AND TESTING.—The Administrator shall 
develop and implement a plan for reevaluation of flight 
crew training regulations in effect on the date of enactment 
of this Act, including regulations for— 
(1) classroom instruction requirements governing 
curriculum content and hours of instruction; 
(2) crew leadership training; and 
(3) initial and recurrent testing requirements for 
pilots, including the rigor and consistency of testing 
programs such as check rides. 
(b) BEST PRACTICES.—The plan shall incorporate best 
practices in the aviation industry with respect to training 
protocols, methods, and procedures. 
(c) CERTIFICATION.—The Administrator shall initiate 
a rulemaking to re-evaluate FAA regulations governing the 
minimum requirements— 
(1) to become a commercial pilot;
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(2) to receive an Air Transport Pilot Certificate 
to become a captain; and 
(3) to transition to a new type of aircraft. 
(d) REMEDIAL TRAINING PROGRAMS.— 
(1) IN GENERAL.—The Administrator shall ini-
tiate a rulemaking to require part 121 air carriers to 
establish remedial training programs for flightcrew 
members who have demonstrated performance defi-
ciencies or experienced failures in the training envi-
ronment. 
(2) DEADLINES.—The Administrator shall— 
(A) not later than 180 days after the date 
of enactment of this Act, issue a notice of pro-
posed rulemaking under paragraph (1); and 
(B) not later than 24 months after the date 
of enactment of this Act, issue a final rule for the 
rulemaking. 
(e) STICK PUSHER TRAINING AND WEATHER EVENT 
TRAINING.— 
(1) MULTIDISCIPLINARY PANEL.—Not later than 
120 days after the date of enactment of this Act, the 
Administrator shall convene a multidisciplinary 
panel of specialists in aircraft operations, flightcrew 
member training, human factors, and aviation safety 
to study and submit to the Administrator a report on
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methods to increase the familiarity of flightcrew mem-
bers with, and improve the response of flightcrew 
members to, stick pusher systems, icing conditions, 
and microburst and windshear weather events. 
(2) REPORT TO CONGRESS.—Not later than one 
year after the date on which the Administrator con-
venes the panel, the Administrator shall— 
(A) submit a report to the Committee on 
Transportation and Infrastructure of the House 
of Representatives and the Committee on Com-
merce, Science, and Transportation based on the 
findings of the panel; and 
(B) with respect to stick pusher systems, 
initiate appropriate actions to implement the 
recommendations of the panel. 
SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFES-
SIONAL DEVELOPMENT, AND LEADERSHIP. 
(a) AVIATION RULEMAKING COMMITTEE.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall conduct an avia-
tion rulemaking committee proceeding with stake-
holders to develop procedures for each part 121 air 
carrier to take the following actions: 
(A) Establish flightcrew member mentoring 
programs under which the air carrier will pair
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highly experienced flightcrew members who will 
serve as mentor pilots and be paired with newly 
employed flightcrew members. Mentor pilots 
should be provided, at a minimum, specific in-
struction on techniques for instilling and rein-
forcing the highest standards of technical per-
formance, airmanship, and professionalism in 
newly employed flightcrew members. 
(B) Establish flightcrew member profes-
sional development committees made up of air 
carrier management and labor union or profes-
sional association representatives to develop, ad-
minister, and oversee formal mentoring pro-
grams of the carrier to assist flightcrew members 
to reach their maximum potential as safe, sea-
soned, and proficient flightcrew members. 
(C) Establish or modify training programs 
to accommodate substantially different levels and 
types of flight experience by newly employed 
flightcrew members. 
(D) Establish or modify training programs 
for second-in-command flightcrew members at-
tempting 
to 
qualify 
as 
pilot-in-command 
flightcrew members for the first time in a spe-
cific aircraft type and ensure that such pro-
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grams include leadership and command train-
ing. 
(E) Ensure that recurrent training for pi-
lots in command includes leadership and com-
mand training. 
(F) Such other actions as the aviation rule-
making committee determines appropriate to en-
hance flightcrew member professional develop-
ment. 
(2) 
COMPLIANCE
WITH
STERILE
COCKPIT 
RULE.—Leadership and command training described 
in paragraphs (1)(D) and (1)(E) shall include in-
struction on compliance with flightcrew member du-
ties under part 121.542 of title 14, Code of Federal 
Regulations. 
(3) STREAMLINED PROGRAM REVIEW.— 
(A) IN
GENERAL.—As part of the rule-
making required by subsection (a), the Adminis-
trator shall establish a streamlined process for 
part 121 air carriers that have in effect, as of 
the date of enactment of this Act, the programs 
required by paragraph (1). 
(B) EXPEDITED
APPROVALS.—Under the 
streamlined process, the Administrator shall—
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(i) review the programs of such part 
121 air carriers to determine whether the 
programs meet the requirements set forth in 
the final rule referred to in subsection 
(b)(2); and 
(ii) expedite the approval of the pro-
grams that the Administrator determines 
meet such requirements. 
(b) DEADLINES.—The Administrator shall issue— 
(1) not later than 180 days after the date of en-
actment of this Act, a notice of proposed rulemaking 
under subsection (a); and 
(2) not later than 24 months after such date of 
enactment, a final rule under subsection (a). 
SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALI-
FICATIONS. 
(a) REQUIREMENTS.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rulemaking 
proceeding to require part 121 air carriers to develop and 
implement means and methods for ensuring that flightcrew 
members have proper qualifications and experience. 
(b) MINIMUM EXPERIENCE REQUIREMENT.— 
(1) IN
GENERAL.—The final rule prescribed 
under subsection (a) shall, among any other require-
ments established by the rule, require that a pilot—
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(A) have not less than 800 hours of flight 
time before serving as a flightcrew member for a 
part 121 air carrier; and 
(B) demonstrate the ability to— 
(i) function effectively in a multipilot 
environment; 
(ii) function effectively in an air car-
rier operational environment; 
(iii) function effectively in adverse 
weather conditions, including icing condi-
tions if the pilot is expected to be operating 
aircraft in icing conditions; 
(iv) function effectively during high al-
titude operations; and 
(v) adhere to the highest professional 
standards. 
(2) HOURS
OF
FLIGHT
EXPERIENCE
IN
DIF-
FICULT OPERATIONAL CONDITIONS.—The total num-
ber of hours of flight experience required by the Ad-
ministrator under paragraph (1) for pilots shall in-
clude a number of hours of flight experience in dif-
ficult operational conditions that may be encountered 
by an air carrier that the Administrator determines 
to be sufficient to enable a pilot to operate an aircraft 
safely in such conditions.
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(c) DEADLINES.—The Administrator shall issue— 
(1) not later than 180 days after the date of en-
actment of this Act, a notice of proposed rulemaking 
under subsection (a); and 
(2) not later than December 31, 2011, a final 
rule under subsection (a). 
(d) DEFAULT REQUIREMENTS.—If the Administrator 
fails to meet the deadline established by subsection (c))(2), 
then all flightcrew members for part 121 air carriers shall 
meet the requirements established by subpart G of part 61 
of the Federal Aviation Administration’s regulations (14 
C.F.R. 61.151 et seq.). 
(e) DEFINITIONS.—In this section: 
(1) 
FLIGHTCREW
MEMBER.—The 
term 
‘‘flightcrew member’’ has the meaning given that term 
in section 1.1 of the Federal Aviation Administra-
tion’s regulations (14 C.F.R. 1.1)). 
(2) PART 121 AIR CARRIER.—The term ‘‘part 
121 air carrier’’ has the meaning given that term by 
section 41720(d)(1) of title 49, United States Code. 
SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DE-
VICES ON FLIGHT DECK. 
(a) IN GENERAL.—Chapter 447, as amended by sec-
tion 521 of this Act, is further amended by adding at the 
end thereof the following:
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‘‘§ 44731. Use of certain devices on flight deck 
‘‘(a) IN GENERAL.—It is unlawful for any member of 
the flight crew of an aircraft used to provide air transpor-
tation under part 121 of title 14, Code of Federal Regula-
tions, to use a personal wireless communications device or 
laptop computer while at the crew member’s duty station 
on the flight deck of such an aircraft while the aircraft is 
being operated. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 
the use of a personal wireless communications device or 
laptop computer for a purpose directly related to operation 
of the aircraft, or for emergency, safety-related, or employ-
ment-related communications, in accordance with proce-
dures established by the air carrier or the Federal Aviation 
Administration. 
‘‘(c) ENFORCEMENT.—In addition to the penalties pro-
vided under section 46301 of this title applicable to any 
violation of this section, the Administrator of the Federal 
Aviation Administration may enforce compliance with this 
section under section 44709. 
‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DEVICE 
DEFINED.—The term ‘personal wireless communications 
device’ means a device through which personal wireless serv-
ices (as defined in section 332(c)(7)(C)(i) of the Commu-
nications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 
transmitted.’’.
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(b) PENALTY.—Section 44711(a) is amended— 
(1) by striking ‘‘or’’ after the semicolon in para-
graph (8); 
(2) by striking ‘‘title.’’ in paragraph (9) and in-
serting ‘‘title; or’’; and 
(3) by adding at the end the following: 
‘‘(10) violate section 44730 of this title or any 
regulation issued thereunder.’’. 
(c) CONFORMING AMENDMENT.—The table of contents 
for chapter 447 is amended by adding at the end thereof 
the following: 
‘‘44731. Use of certain devices on flight deck’’. 
(d) REGULATIONS.—Within 30 days after the date of 
enactment of this Act, the Secretary of Transportation shall 
initiate a rulemaking procedure for regulations under sec-
tion 44730 of title 49, United States Code, and shall issue 
a final rule thereunder within 1 year after the date of enact-
ment of this Act. 
(e) STUDY.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall review relevant 
air carrier data and carry out a study— 
(A) to identify common sources of distrac-
tion for the cockpit flight crew on commercial 
aircraft; and
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(B) to determine the safety impacts of such 
distractions. 
(2) REPORT.—Not later than 6 months after the 
date of the enactment of this Act, the Administrator 
shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives that contains— 
(A) the findings of the study conducted 
under paragraph (1); and 
(B) recommendations about ways to reduce 
distractions for cockpit flight crews. 
SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CAR-
RIERS. 
The Administrator shall, not less frequently than once 
each year, perform random, unannounced, on-site inspec-
tions of air carriers that provide air transportation pursu-
ant to a contract with a part 121 air carrier to ensure 
that such air carriers are complying with all applicable 
safety standards of the Administration. 
SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH 
RESPECT TO THE TRAINING, HIRING, AND OP-
ERATION OF AIRCRAFT BY PILOTS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall issue