[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3440 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3440

   To amend title 49, United States Code, to enhance aviation safety.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

  Ms. Snowe (for herself and Ms. Klobuchar) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend title 49, United States Code, to enhance aviation safety.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Safety Enhancement Act of 
2008''.

SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

    Section 106 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(s) Aviation Safety Whistleblower Investigation Office.--
            ``(1) Establishment.--There is established in the 
        Department of Transportation an Aviation Safety Whistleblower 
        Investigation Office (referred to in this subsection 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 appointed 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 Director shall--
                            ``(i) receive complaints and information 
                        submitted by employees of persons holding 
                        certificates issued under title 14, Code of 
                        Federal Regulations, and employees of the 
                        Administration concerning the possible 
                        existence of an activity relating to a 
                        violation of an order, regulation, or standard 
                        of the Administration or any other provision of 
                        Federal law relating to aviation safety;
                            ``(ii) assess complaints and information 
                        submitted under clause (i) and determine 
                        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 assessment 
                        conducted under clause (ii), submit written 
                        recommendations to the Administrator of the 
                        Federal Aviation Administration (referred to in 
                        this subsection as the `Administrator') for 
                        further investigation or corrective actions.
                    ``(B) Disclosure of identities.--The Director shall 
                not disclose the identity of an individual who submits 
                a complaint or information under subparagraph (A)(i) 
                unless--
                            ``(i) the individual provides written 
                        consent to the disclosure; or
                            ``(ii) the Director determines, in the 
                        course of an investigation, that the disclosure 
                        is unavoidable.
                    ``(C) Independence of director.--The Secretary of 
                Transportation, the Administrator, or any officer or 
                employee of the Administration may not prevent or 
                prohibit the Director from--
                            ``(i) initiating, carrying out, or 
                        completing any assessment of a complaint or 
                        information submitted subparagraph (A)(i); or
                            ``(ii) reporting to Congress on any such 
                        assessment.
                    ``(D) Access to information.--In conducting an 
                assessment of a complaint or information submitted 
                under subparagraph (A)(i), the Director shall have 
                access to all records, reports, audits, reviews, 
                documents, papers, recommendations, and other material 
                necessary to determine whether a substantial likelihood 
                exists that a violation of an order, regulation, or 
                standard of the Administration or any other provision 
                of Federal law relating to aviation safety may have 
                occurred.
            ``(4) Responses to recommendations.--The Administrator 
        shall submit a written response to a recommendation submitted 
        by the Director under subparagraph (A)(iii) and retain records 
        related to any further investigations or corrective actions 
        taken in response to the recommendation.
            ``(5) Incident reports.--If the Director determines there 
        is a substantial likelihood 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 that requires immediate corrective action, the 
        Director shall expeditiously report the potential violation 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 Federal criminal law, the 
        Director shall expeditiously report the violation to the 
        Inspector General.
            ``(7) Annual reports to congress.--Not later than October 1 
        of each year, the Director shall submit a report to Congress 
        that contains--
                    ``(A) information on the number of complaints 
                submitted and information received by the Director 
                under paragraph (3)(A)(i) during the preceding 12-month 
                period;
                    ``(B) summaries of the submissions described in 
                subparagraph (A);
                    ``(C) summaries of further investigations and 
                corrective actions recommended in response to the 
                submissions described in subparagraph (A); and
                    ``(D) summaries of the responses of the 
                Administrator to the recommendations described in 
                subparagraph (C).''.

SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

    (a) Findings.--Congress finds the following:
            (1) Subsections (a) and (d) of section 40101 of title 49, 
        United States Code, directs the Federal Aviation Administration 
        (in this section referred to as the ``Administration'') to make 
        safety its highest priority.
            (2) In 1996, to ensure that there would be no appearance of 
        a conflict of interest for the Administration in carrying out 
        its safety responsibilities, Congress amended section 40101(d) 
        of such title to remove the responsibilities of the 
        Administration to promote airlines.
            (3) Despite these directives from Congress regarding the 
        priority of safety, the Administration--
                    (A) issued a vision statement in which it stated 
                that the vision of the Administration includes ``being 
                responsive to our customers and accountable to the 
                public''; and
                    (B) issued a customer service initiative in 2003, 
                which required aviation inspectors to treat air 
                carriers and other aviation certificate holders as 
                ``customers'' rather than as regulated entities.
            (4) The initiatives described in paragraph (3) appear to 
        have given regulated entities and Administration inspectors the 
        impression that the management of the Administration gives an 
        unduly high priority to the satisfaction 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 satisfaction, 
        some managers of the Administration have discouraged 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 the enactment of this Act, the Administrator of the Federal 
Aviation Administration shall modify the customer service initiative, 
mission, and vision statements, and other statements of policy of the 
Administration--
            (1) to remove any reference to air carriers and other 
        entities regulated by the Administration as ``customers'';
            (2) to clarify that in regulating safety, the only 
        customers of the Administration are individuals traveling on 
        aircraft; 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.
    (c) Safety Priority.--In carrying out the Administrator's 
responsibilities, the Administrator shall ensure that safety is given a 
higher priority than preventing the dissatisfaction of an air carrier 
or other entity regulated by the Administration with an employee of the 
Administration.

SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.

    (a) In General.--Section 44711 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(d) Post-Employment Restrictions for Flight Standards 
Inspectors.--
            ``(1) Prohibition.--A person holding an operating 
        certificate issued under title 14, Code of Federal Regulations, 
        may not engage in employment negotiations, knowingly employ, or 
        make a contractual arrangement of employment with an employee 
        of the Federal Aviation Administration if the individual, in 
        the preceding 2-year period--
                    ``(A) served as, or was responsible for oversight 
                of, a flight standards inspector of the Agency; and
                    ``(B) had responsibility to inspect, or oversee 
                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 Administration if the individual makes any 
        written or oral communication on behalf of the certificate 
        holder to the Administration (or any of its officers or 
        employees) in connection with a particular matter, whether or 
        not involving a specific party and without regard to whether 
        the individual has participated in, or had responsibility for, 
        the particular matter while serving as a flight standards 
        inspector of the Administration.''.
    (b) Applicability.--The amendment made by subsection (a) shall not 
apply to an individual employed by a certificate holder as of the date 
of the enactment of this Act.

SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.

    (a) In General.--An individual serving as a principal supervisory 
inspector of the Administration 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 respect to an air carrier as 
of the date of enactment of this Act may be responsible for overseeing 
the operations of the carrier until the last day of the 5-year period 
specified in subsection (a) or the last day of the 2-year period 
beginning on such date of enactment, whichever is later.
    (c) Issuance of Order.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue an order to carry out this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such sums as may be necessary to 
carry out this section.

SEC. 6. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

    (a) Defined Term.--In this section, the term ``Voluntary Disclosure 
Reporting Program'' means the program established by the Federal 
Aviation Administration through Advisory Circular 00-58A, dated 
September 8, 2006.
    (b) Verification and Evaluation.--The Administrator of the Federal 
Aviation Administration shall modify the Voluntary Disclosure Reporting 
Program to require inspectors to--
            (1) verify that air carriers implement comprehensive 
        solutions to correct the underlying causes of the violations 
        voluntarily disclosed by such air carriers; and
            (2) evaluate, before accepting a new report of a previously 
        disclosed violation, whether the air carrier took the actions 
        described in paragraph (1).
    (c) Supervisory Review of Voluntary Self-Disclosures.--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 paper review by an inspector.

SEC. 7. NATIONAL REVIEW TEAM.

    (a) Establishment.--The Administrator of the Federal Aviation 
Administration shall establish a National Review Team, comprised of 
Federal Aviation Administration inspectors who are serving or have 
served as principal supervisory inspectors.
    (b) Responsibilities.--The National Review Team shall conduct 
periodic, unannounced audits of air carrier operations and maintenance 
practices and procedures to evaluate air carrier oversight carried out 
by the Federal Aviation Administration throughout the United States.
    (c) Supervision.--The National Review Team shall be directly 
supervised by the Associate Administrator for Aviation Safety.
    (d) Limitation.--The Associate Administrator for Aviation Safety 
shall prohibit each member of the National Review Team from 
participating in any audit described in subsection (b) if such member 
had previously had the responsibility for inspecting, or overseeing the 
inspection of, the operations of the air carrier that is the subject of 
such audit.

SEC. 8. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM 
              DATABASE.

    (a) Reviews.--The Administrator of the Federal Aviation 
Administration shall establish a process by which the air 
transportation oversight system database of the Federal Aviation 
Administration is reviewed by a team of employees of the Administration 
on a monthly basis to ensure--
            (1) the identification of any trends in regulatory 
        compliance; and
            (2) that appropriate corrective actions are taken in 
        accordance with Administration regulations, advisory 
        directives, policies, and procedures.
    (b) Monthly Team Reports.--
            (1) In general.--The team of employees conducting a monthly 
        review of the air transportation oversight system database 
        under subsection (a) shall submit a report on the results of 
        the review to the Administrator, the Associate Administrator 
        for Aviation Safety, and the Director of Flight Standards.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall identify--
                    (A) any trends in regulatory compliance discovered 
                by the team of employees in conducting the monthly 
                review; and
                    (B) any corrective actions taken or proposed to be 
                taken in response to the trends.
    (c)  Quarterly Reports to Congress.--The Administrator shall submit 
a quarterly 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--
            (1) describes the results of the reviews of the air 
        transportation oversight system database conducted under this 
        section; and
            (2) includes copies of reports received under subsection 
        (b).

SEC. 9. RULEMAKING.

    Not later than 90 days after the date of the enactment of this Act, 
the Administrator of the Federal Aviation Administration shall 
prescribe regulations to carry out this Act and the amendments made by 
this Act.
                                 <all>