type certificate or supplemental certificate; 
and 
‘‘(iii) making such data available will 
enhance aviation safety. 
‘‘(B) ENGINEERING
DATA
DEFINED.—In 
this section, the term ‘engineering data’ as used 
with respect to an aircraft, engine, propeller, or 
appliance means type design drawing and speci-
fications for the entire aircraft, engine, propeller, 
or appliance or change to the aircraft, engine, 
propeller, or appliance, including the original 
design data, and any associated supplier data 
for individual parts or components approved as 
part of the particular certificate for the aircraft 
engine, propeller, or appliance.’’. 
(b) DESIGN ORGANIZATION CERTIFICATES.—Section 
44704(e)(1) is amended by striking ‘‘Beginning 7 years 
after the date of enactment of this subsection,’’ and inserting 
‘‘Beginning January 1, 2014,’’. 
SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 
(a) IN GENERAL.—Chapter 447 is amended by adding 
at the end the following: 
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‘‘§ 44730. Inspection of foreign repair stations 
‘‘Not later than one year after the date of enactment 
of this section, and annually thereafter, the Administrator 
of the Federal Aviation Administration shall— 
‘‘(1) submit to Congress a certification that each 
foreign repair station that is certified by the Admin-
istrator under part 145 of title 14, Code of Federal 
Regulations, and performs work on air carrier air-
craft or components has been inspected by safety in-
spectors of the Administration not fewer than 2 times 
in the preceding calendar year; and 
‘‘(2) modify the certification requirements under 
such part to include testing for the use of alcohol or 
a controlled substance in accordance with section 
45102 of any individual performing a safety-sensitive 
function at a foreign aircraft repair station, includ-
ing an individual working at a station of a third- 
party with whom an air carrier contracts to perform 
work on air carrier aircraft or components.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘44730. Inspection of foreign repair stations.’’. 
SEC. 304. RUNWAY SAFETY. 
(a) STRATEGIC RUNWAY SAFETY PLAN.— 
(1) IN GENERAL.—Not later than 6 months after 
the date of enactment of this Act, the Administrator 
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of the Federal Aviation Administration shall develop 
and submit to Congress a report containing a stra-
tegic runway safety plan. 
(2) CONTENTS OF PLAN.—The strategic runway 
safety plan— 
(A) shall include, at a minimum— 
(i) goals to improve runway safety; 
(ii) near- and longer-term actions de-
signed to reduce the severity, number, and 
rate of runway incursions; 
(iii) timeframes and resources needed 
for the actions described in clause (ii); and 
(iv) a continuous evaluative process to 
track performance toward the goals referred 
to in clause (i); and 
(B) shall address the increased runway safe-
ty risk associated with the expected increased 
volume of air traffic. 
(b) PLAN FOR INSTALLATION AND DEPLOYMENT OF 
SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY IN-
CURSIONS.—Not later than December 31, 2009, the Admin-
istrator of the Federal Aviation Administration shall sub-
mit to Congress a report containing a plan for the installa-
tion and deployment of systems the Administration is in-
stalling to alert controllers or flight crews, or both, of poten-
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101 
tial runway incursions. The plan shall be integrated into 
the annual NextGen Implementation Plan document of the 
Administration or any successor document. 
SEC. 305. IMPROVED PILOT LICENSES. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall begin to issue improved 
pilot licenses consistent with the requirements of title 49, 
United States Code, and title 14, Code of Federal Regula-
tions. 
(b) REQUIREMENTS.—Improved pilots licenses issued 
under subsection (a) shall— 
(1) be resistant to tampering, alteration, and 
counterfeiting; 
(2) include a photograph of the individual to 
whom the license is issued; and 
(3) be capable of accommodating a digital photo-
graph, a biometric identifier, or any other unique 
identifier that the Administrator considers necessary. 
(c) TAMPERING.—To the extent practical, the Admin-
istrator shall develop methods to determine or reveal wheth-
er any component or security feature of a license issued 
under subsection (a) has been tampered, altered, or counter-
feited. 
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102 
(d) USE OF DESIGNEES.—The Administrator may use 
designees to carry out subsection (a) to the extent feasible 
in order to minimize the burdens on pilots. 
(e) REPORT.—Not later than 9 months after the date 
of enactment of this Act and every 6 months thereafter until 
September 30, 2012, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
issuance of improved pilot licenses under this section. 
SEC. 306. FLIGHT CREW FATIGUE. 
(a) IN GENERAL.—Not later than 3 months after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall conclude arrangements 
with the National Academy of Sciences for a study of pilot 
fatigue. 
(b) STUDY.—The study shall include consideration 
of— 
(1) research on pilot fatigue, sleep, and circa-
dian rhythms; 
(2) sleep and rest requirements of pilots rec-
ommended by the National Aeronautics and Space 
Administration and the National Transportation 
Safety Board; and 
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103 
(3) Federal Aviation Administration and inter-
national standards regarding flight limitations and 
rest for pilots. 
(c) REPORT.—Not later than 18 months after initi-
ating the study, the National Academy of Sciences shall 
submit to the Administrator a report containing its find-
ings and recommendations regarding the study under sub-
sections (a) and (b), including recommendations with re-
spect to Federal Aviation Administration regulations gov-
erning flight time limitations and rest requirements for pi-
lots. 
(d) RULEMAKING.—After the Administrator receives 
the report of the National Academy of Sciences, the Admin-
istrator shall consider the findings in the report and update 
as appropriate based on scientific data Federal Aviation 
Administration regulations governing flight time limita-
tions and rest requirements for pilots. 
(e) FLIGHT ATTENDANT FATIGUE.— 
(1) STUDY.—The Administrator, acting through 
the Civil Aerospace Medical Institute, shall conduct a 
study on the issue of flight attendant fatigue. 
(2) CONTENTS.—The study shall include the fol-
lowing: 
(A) A survey of field operations of flight at-
tendants. 
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105 
‘‘§ 44731. Occupational safety and health standards 
for flight attendants on board aircraft 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall prescribe and enforce stand-
ards and regulations to ensure the occupational safety and 
health of individuals serving as flight attendants in the 
cabin of an aircraft of an air carrier. 
‘‘(b) STANDARDS AND REGULATIONS.—Standards and 
regulations issued under this section shall require each air 
carrier operating an aircraft in air transportation— 
‘‘(1) to provide for an environment in the cabin 
of the aircraft that is free from hazards that could 
cause physical harm to a flight attendant working in 
the cabin; and 
‘‘(2) to meet minimum standards for the occupa-
tional safety and health of flight attendants who work 
in the cabin of the aircraft. 
‘‘(c) RULEMAKING.—In carrying out this section, the 
Administrator shall conduct a rulemaking proceeding to ad-
dress, at a minimum, the following areas: 
‘‘(1) Record keeping. 
‘‘(2) Blood borne pathogens. 
‘‘(3) Noise. 
‘‘(4) Sanitation. 
‘‘(5) Hazard communication. 
‘‘(6) Anti-discrimination. 
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106 
‘‘(7) Access to employee exposure and medical 
records. 
‘‘(8) Temperature standards for the aircraft 
cabin. 
‘‘(d) REGULATIONS.— 
‘‘(1) DEADLINE.—Not later than 3 years after 
the date of enactment of this section, the Adminis-
trator shall issue final regulations to carry out this 
section. 
‘‘(2) CONTENTS.—Regulations issued under this 
subsection shall address each of the issues identified 
in subsection (c) and others aspects of the environ-
ment of an aircraft cabin that may cause illness or 
injury to a flight attendant working in the cabin. 
‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA-
TIONAL SAFETY AND HEALTH HAZARDS.—Regulations 
issued under this subsection shall set forth clearly the 
circumstances under which an air carrier is required 
to take action to address occupational safety and 
health hazards. 
‘‘(e) ADDITIONAL RULEMAKING PROCEEDINGS.—After 
issuing regulations under subsection (c), the Administrator 
may conduct additional rulemaking proceedings as the Ad-
ministrator determines appropriate to carry out this sec-
tion. 
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107 
‘‘(f) OVERSIGHT.— 
‘‘(1) CABIN OCCUPATIONAL SAFETY AND HEALTH 
INSPECTORS.—The Administrator shall establish the 
position of Cabin Occupational Safety and Health 
Inspector within the Federal Aviation Administration 
and shall employ individuals with appropriate quali-
fications and expertise to serve in the position. 
‘‘(2) RESPONSIBILITIES.—Inspectors employed 
under this subsection shall be solely responsible for 
conducting proper oversight of air carrier programs 
implemented under this section. 
‘‘(g) CONSULTATION.—In developing regulations under 
this section, the Administrator shall consult with the Ad-
ministrator of the Occupational Safety and Health Admin-
istration, labor organizations representing flight attend-
ants, air carriers, and other interested persons. 
‘‘(h) SAFETY PRIORITY.—In developing and imple-
menting regulations under this section, the Administrator 
shall give priority to the safe operation and maintenance 
of an aircraft. 
‘‘(i) FLIGHT ATTENDANT DEFINED.—In this section, 
the term ‘flight attendant’ has the meaning given that term 
by section 44728. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
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108 
essary to carry out this section. Such sums shall remain 
available until expended.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
447 is amended by adding at the end the following: 
‘‘44731. Occupational safety and health standards for flight attendants on board 
aircraft.’’. 
SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS 
AREAS. 
(a) ESTABLISHMENT.—The Administrator of the Fed-
eral Aviation Administration may establish a pilot pro-
gram to improve safety and efficiency by providing surveil-
lance for aircraft flying outside of radar coverage in moun-
tainous areas. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. Such sums shall remain 
available until expended. 
SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATH-
ER OBSERVATION TECHNOLOGY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a review of off-airport, 
low-altitude aircraft weather observation technologies. 
(b) SPECIFIC REVIEW.—The review shall include, at 
a minimum, an examination of off-airport, low-altitude 
weather reporting needs, an assessment of technical alter-
natives (including automated weather observation stations), 
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109 
an investment analysis, and recommendations for improv-
ing weather reporting. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report containing the results of the review. 
SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS. 
(a) ISSUANCE OF REGULATIONS.—Not later than 3 
years after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall issue 
regulations requiring 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 accordance with subsection (b). 
(b) PERSONS AUTHORIZED TO PERFORM CERTAIN 
WORK.—Covered maintenance work for a part 121 air car-
rier shall only be performed by— 
(1) an individual employed by the air carrier; 
(2) an individual employed by another part 121 
air carrier; 
(3) an individual employed by a part 145 repair 
station; or 
(4) an individual employed by a company that 
provides contract maintenance workers to a part 145 
repair station or part 121 air carrier, if the indi-
vidual— 
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110 
(A) meets the requirements of the part 145 
repair station or the part 121 air carrier; 
(B) works under the direct supervision and 
control of the part 145 repair station or part 
121 air carrier; and 
(C) carries out the work in accordance with 
the part 121 air carrier’s maintenance manual 
and, if applicable, the part 145 certificate hold-
er’s repair station and quality control manuals. 
(c) PLAN.— 
(1) DEVELOPMENT.—The Administrator shall 
develop a plan to— 
(A) require air carriers to identify and pro-
vide to the Administrator a complete listing of 
all noncertificated maintenance providers that 
perform, before the effective date of the regula-
tions to be issued under subsection (a), covered 
maintenance work on aircraft used to provide 
air transportation under part 121 of title 14, 
Code of Federal Regulations; 
(B) validate the lists that air carriers pro-
vide under subparagraph (A) by sampling air 
carrier records, such as maintenance activity re-
ports and general vendor listings; and 
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111 
(C) include surveillance and oversight by 
field inspectors of the Federal Aviation Adminis-
tration for all noncertificated maintenance pro-
viders that perform covered maintenance work 
on aircraft used to provide air transportation in 
accordance with such part 121. 
(2) REPORT TO CONGRESS.—Not later than 6 
months after the date of enactment of this Act, the 
Administrator shall transmit to Congress a report 
containing the plan developed under paragraph (1). 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED MAINTENANCE WORK.—The term 
‘‘covered maintenance work’’ means maintenance 
work that is essential, regularly scheduled, or a re-
quired inspection item, as determined by the Admin-
istrator. 
(2) PART 121 AIR CARRIER.—The term ‘‘part 121 
air carrier’’ means an air carrier that holds a certifi-
cate issued under part 121 of title 14, Code of Federal 
Regulations. 
(3) 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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112 
(4) 
NONCERTIFICATED
MAINTENANCE
PRO-
VIDER.—The term ‘‘noncertificated maintenance pro-
vider’’ means a maintenance provider that does not 
hold a certificate issued under part 121 or part 145 
of title 14, Code of Federal Regulations. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for the Administrator to hire additional field safety 
inspectors to ensure adequate and timely inspection of 
maintenance providers that perform covered maintenance 
work. 
SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STAND-
ARDS. 
(a) RULEMAKING PROCEEDING.—Not later than 180 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall initiate 
a rulemaking proceeding for the purpose of issuing a pro-
posed and final rule that revises the aircraft rescue and fire-
fighting standards (‘‘ARFF’’) under part 139 of title 14, 
Code of Federal Regulations, to improve the protection of 
the traveling public, other persons, aircraft, buildings, and 
the environment from fires and hazardous materials inci-
dents. 
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113 
(b) CONTENTS OF PROPOSED AND FINAL RULE.—The 
proposed and final rule to be issued under subsection (a) 
shall address the following: 
(1) The mission of aircraft rescue and fire-
fighting personnel, including responsibilities for pas-
senger egress in the context of other Administration 
requirements. 
(2) The proper level of staffing. 
(3) The timeliness of a response. 
(4) The handling of hazardous materials inci-
dents at airports. 
(5) Proper vehicle deployment. 
(6) The need for equipment modernization. 
(c) CONSISTENCY
WITH
VOLUNTARY
CONSENSUS 
STANDARDS.—The proposed and final rule issued under 
subsection (a) shall be, to the extent practical, consistent 
with national voluntary consensus standards for aircraft 
rescue and firefighting services at airports. 
(d) ASSESSMENTS OF POTENTIAL IMPACTS.—In the 
rulemaking proceeding initiated under subsection (a), the 
Administrator shall assess the potential impact of any revi-
sions to the firefighting standards on airports and air 
transportation service. 
(e) INCONSISTENCY WITH STANDARDS.—If the pro-
posed or final rule issued under subsection (a) is not con-
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114 
sistent with national voluntary consensus standards for air-
craft rescue and firefighting services at airports, the Admin-
istrator shall submit to the Office of Management and 
Budget an explanation of the reasons for such inconsistency 
in accordance with section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note; 110 Stat. 783). 
(f) FINAL RULE.—Not later than 24 months after the 
date of enactment of this Act, the Administrator shall issue 
the final rule required by subsection (a). 
Subtitle B—Unmanned Aircraft 
Systems 
SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS IN-
TEGRATION PLAN. 
(a) INTEGRATION PLAN.— 
(1) COMPREHENSIVE PLAN.—Not later than 9 
months after the date of enactment of this Act, the 
Secretary, in consultation with representatives of the 
aviation industry, shall develop a comprehensive plan 
to safely integrate commercial unmanned aircraft sys-
tems into the national airspace system. 
(2) MINIMUM
REQUIREMENTS.—In developing 
the plan under paragraph (1), the Secretary shall, at 
a minimum— 
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(A) review technologies and research that 
will assist in facilitating the safe integration of 
commercial unmanned aircraft systems into the 
national airspace system; 
(B) provide recommendations or projections 
for the rulemaking to be conducted under sub-
section (b) to— 
(i) define the acceptable standards for 
operations and certification of commercial 
unmanned aircraft systems; 
(ii) ensure that any commercial un-
manned aircraft system includes a detect, 
sense, and avoid capability; and 
(iii) develop standards and require-
ments for the operator, pilot, and pro-
grammer of a commercial unmanned air-
craft system, including standards and re-
quirements for registration and licensing; 
(C) recommend how best to enhance the 
technologies and subsystems necessary to effect 
the safe and routine operations of commercial 
unmanned aircraft systems in the national air-
space system; and 
(D) recommend how a phased-in approach 
to the integration of commercial unmanned air-
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116 
craft systems into the national airspace system 
can best be achieved and a timeline upon which 
such a phase-in shall occur. 
(3) DEADLINE.—The plan to be developed under 
paragraph (1) shall provide for the safe integration of 
commercial unmanned aircraft systems into the na-
tional airspace system as soon as possible, but not 
later than September 30, 2013. 
(4) REPORT TO CONGRESS.—Not later than one 
year after the date of enactment of this Act, the Sec-
retary shall submit to Congress a copy of the plan de-
veloped under paragraph (1). 
(b) RULEMAKING.—Not later than 18 months after the 
date on which the integration plan is submitted to Congress 
under subsection (a)(4), the Administrator of the Federal 
Aviation Administration shall publish in the Federal Reg-
ister a notice of proposed rulemaking to implement the rec-
ommendations of the integration plan. 
(c) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out this 
section. 
SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIR-
CRAFT SYSTEMS. 
(a) IN GENERAL.—Notwithstanding the requirements 
of sections 321 and 323, and not later than 6 months after 
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117 
the date of enactment of this Act, the Secretary shall deter-
mine if certain unmanned aircraft systems may operate 
safely in the national airspace system before completion of 
the plan and rulemaking required by section 321 or the 
guidance required by section 323. 
(b) ASSESSMENT
OF
UNMANNED
AIRCRAFT
SYS-
TEMS.—In making the determination under subsection (a), 
the Secretary shall determine, at a minimum— 
(1) which types of unmanned aircraft systems, if 
any, as a result of their size, weight, speed, oper-
ational capability, proximity to airports and popu-
lation areas, and operation within visual line-of-sight 
do not create a hazard to users of the national air-
space system or the public or pose a threat to na-
tional security; and 
(2) whether a certificate of authorization or an 
airworthiness certification under section 44704 of 
title 49, United States Code, is required for the oper-
ation of unmanned aircraft systems identified under 
paragraph (1). 
(c) REQUIREMENTS FOR SAFE OPERATION.—If the 
Secretary determines under this section that certain un-
manned aircraft systems may operate safely in the national 
airspace system, the Secretary shall establish requirements 
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for the safe operation of such aircraft systems in the na-
tional airspace system. 
SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 
Not later than 9 months after the date of enactment 
of this Act, the Secretary shall issue guidance regarding the 
operation of public unmanned aircraft systems to— 
(1) expedite the issuance of a certificate of au-
thorization process; 
(2) provide for a collaborative process with pub-
lic agencies to allow for an incremental expansion of 
access to the national airspace system as technology 
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 Avia-
tion Administration grant of approval for a specific 
flight operation. 
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119 
(2) DETECT, SENSE, AND AVOID CAPABILITY.— 
The term ‘‘detect, sense, and avoid capability’’ means 
the technical capability to perform separation assur-
ance and collision avoidance, as defined by the Fed-
eral Aviation Administration. 
(3) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The 
term ‘‘public unmanned aircraft system’’ means an 
unmanned aircraft system that meets the qualifica-
tions and conditions required for operation of a pub-
lic aircraft, as defined by section 40102 of title 49, 
United States Code. 
(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 develop-
ment 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 communica-
tion links and a ground control station) that are re-
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quired to operate safely and efficiently in the national 
airspace system. 
Subtitle C—Safety and Protections 
SEC. 331. 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 INVESTIGA-
TION OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Federal Aviation Administration (in this section 
referred to as the ‘Agency’) an Aviation Safety Whis-
tleblower Investigation Office (in this subsection re-
ferred to as the ‘Office’). 
‘‘(2) DIRECTOR.— 
‘‘(A) APPOINTMENT.—The head of the Office 
shall be the Director, who shall be appointed by 
the Secretary of Transportation. 
‘‘(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 
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121 
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 Agency concerning the possible exist-
ence 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; 
‘‘(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 Agency or any other provi-
sion 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-
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122 
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 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-
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123 
ommendations, 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 
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 deter-
mines there is a substantial likelihood that a viola-
tion of an order, regulation, or standard of the Agen-
cy or any other provision of Federal law relating to 
aviation safety may have occurred that requires im-
mediate corrective action, the Director shall report the 
potential violation expeditiously to the Administrator 
and the Inspector General of the Department 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 
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124 
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.’’. 
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 Avia-
tion 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 ap-
pearance of a conflict of interest for the Agency in 
carrying out its safety responsibilities, Congress 
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125 
amended section 40101(d) of such title to remove the 
responsibilities of the Agency to promote airlines. 
(3) Despite these directives from Congress re-
garding the priority of safety, the Agency issued a vi-
sion 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 certificate 
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 satisfac-
tion of regulated entities regarding its inspection and 
certification decisions and other lawful actions of its 
safety inspectors. 
(5) As a result of the emphasis on customer sat-
isfaction, some managers of the Agency have discour-
aged vigorous enforcement and replaced inspectors 
whose lawful actions adversely affected an air carrier. 
(b) 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 
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126 
the customer service initiative, mission and vision state-
ments, and other statements of policy of the Agency— 
(1) to remove any reference to air carriers or 
other entities regulated by the Agency as ‘‘customers’’; 
(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 select 
the employees of the Agency who will inspect their op-
erations. 
(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 dis-
satisfaction of an air carrier or other entity regulated by 
the Agency with an employee of the Agency. 
SEC. 333. 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 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 
Regulations, may not knowingly employ, or make a 
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127 
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 (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 Agen-
cy; 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 Agency 
if the individual makes any written or oral commu-
nication on behalf of the certificate holder to the 
Agency (or any of its officers or employees) in connec-
tion with a particular matter, whether or not involv-
ing a specific party and without regard to whether 
the individual has participated in, or had responsi-
bility for, the particular matter while serving as a 
flight standards inspector of the Agency.’’. 
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128 
(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. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY IN-
SPECTORS. 
(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 serving 
as a principal supervisory inspector of the Agency with re-
spect 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 specified in 
subsection (a) or last day of the 2-year period beginning 
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. 
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129 
SEC. 335. 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 Fed-
eral 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 
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 
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130 
(B) any corrective actions taken or proposed 
to be taken in response to the trends. 
(c) QUARTERLY REPORTS TO CONGRESS.—The Ad-
ministrator, on a quarterly basis, shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of reviews of the air transportation oversight system 
database conducted under this section, including copies of 
reports received under subsection (b). 
SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING 
SYSTEM. 
(a) VOLUNTARY DISCLOSURE REPORTING PROGRAM 
DEFINED.—In this section, the term ‘‘Voluntary Disclosure 
Reporting Program’’ means the program established by the 
Federal Aviation Administration through Advisory Cir-
cular 00–58A, dated September 8, 2006, including any sub-
sequent revisions thereto. 
(b) VERIFICATION.—The Administrator of the Federal 
Aviation Administration shall modify the Voluntary Dis-
closure Reporting Program to require inspectors to— 
(1) verify that air carriers implement com-
prehensive solutions to correct the underlying causes 
of the violations voluntarily disclosed by such air car-
riers; and 
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131 
(2) confirm, before approving a final report of a 
violation, that the violation, or another violation oc-
curring under the same circumstances, has not been 
previously discovered by an inspector or self-disclosed 
by the air carrier. 
(c) SUPERVISORY REVIEW OF VOLUNTARY SELF DIS-
CLOSURES.—The Administrator shall establish a process by 
which voluntary self-disclosures received from air carriers 
are reviewed and approved by a supervisor after the initial 
review by an inspector. 
(d) 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 (FAA) 
aware of violations that the FAA would not have 
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159 
mittee’’) to advise the Secretary in carrying out air pas-
senger service improvements, including those required by 
chapter 423 of title 49, United States Code. 
(b) MEMBERSHIP.—The Secretary shall appoint 8 
members to the advisory committee as follows: 
(1) Two representatives of air carriers required 
to submit emergency contingency plans pursuant to 
section 42301 of title 49, United States Code. 
(2) Two representatives of the airport operators 
required to submit emergency contingency plans pur-
suant to section 42301 of such title. 
(3) Two representatives of State and local gov-
ernments who have expertise in aviation consumer 
protection matters. 
(4) Two representatives of nonprofit public inter-
est groups who have expertise in aviation consumer 
protection matters. 
(c) VACANCIES.—A vacancy in the advisory committee 
shall be filled in the manner in which the original appoint-
ment was made. 
(d) TRAVEL EXPENSES.—Members of the advisory 
committee shall serve without pay but shall receive travel 
expenses, including per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of title 5, United 
States Code. 
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171 
the date on which the Secretary issues a written de-
termination under subsection (d). 
(3) STANDARDS FOR RENEWALS.—The Secretary 
shall make a decision on whether to renew an exemp-
tion under paragraph (1) based on the policies of the 
Department in effect after the Secretary issues a writ-
ten determination under subsection (d). 
(f) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) EXEMPTION FROM THE ANTITRUST LAWS.— 
The term ‘‘exemption from the antitrust laws’’ means 
an exemption from the antitrust laws granted by the 
Secretary under section 41308 of title 49, United 
States Code. 
(2) IMMUNIZED INTERNATIONAL ALLIANCE.—The 
term ‘‘immunized international alliance’’ means an 
international alliance for which the Secretary has 
granted an exemption from the antitrust laws. 
(3) 
INTERNATIONAL
ALLIANCE.—The 
term 
‘‘international alliance’’ means a cooperative agree-
ment between an air carrier and a foreign air carrier 
to provide foreign air transportation subject to ap-
proval or disapproval by the Secretary under section 
41309 of title 49, United States Code. 
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