[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3048 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3048

To improve air safety by authorizing the limited use by air carriers of 
 information collected through cockpit voice recorders and flight data 
   recorders, to prohibit tampering with such devices, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2010

  Mr. DeMint introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To improve air safety by authorizing the limited use by air carriers of 
 information collected through cockpit voice recorders and flight data 
   recorders, to prohibit tampering with such devices, and for other 
                               purposes.

    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 ``Pilot Professionalism Assurance 
Act''.

SEC. 2. USE OF FLIGHT INFORMATION.

    (a) Authorization.--Notwithstanding any other provision of law, or 
any provision in a private contract, air carriers may use information 
obtained from a cockpit voice recorder or a flight data recorder--
            (1) to discipline or discharge a pilot or flight engineer 
        for actions that endanger the safety or well being of 
        passengers;
            (2) to defend itself in any discipline or discharge 
        grievance proceeding;
            (3) to evaluate or monitor the judgment or performance of 
        an individual pilot or crew member;
            (4) to justify or require a pilot's submission to a 
        proficiency check or line check; or
            (5) for any other purpose relating to improving the safety 
        or well being of passengers.
    (b) Confidentiality.--Each air carrier that has obtained 
information pursuant to subsection (a) shall keep such information 
confidential and may only disclose such information to the extent 
required in an administrative or judicial proceeding.

SEC. 3. TAMPERING WITH COCKPIT VOICE RECORDER OR FLIGHT DATA RECORDER 
              PROHIBITED.

    (a) In General.--No person may tamper with, disable, or destroy any 
cockpit voice recorder or flight data recorder installed on a 
commercial aircraft.
    (b) Penalties.--
            (1) In general.--Any person who violates the prohibition 
        described in subsection (a) may be fined up to $2,000 and 
        imprisoned for not more than 5 years.
            (2) Commercial pilot.--If a commercial pilot violates the 
        prohibition described in subsection (a)--
                    (A) the air carrier employing such pilot shall 
                immediately terminate such employment; and
                    (B) the Administrator of the Federal Aviation 
                Administration shall immediately revoke the airman 
                certificate issued to the pilot under section 44703 of 
                title 49, United States Code.
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