II 111th CONGRESS 2d Session S. 3048 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.

1.

Short title

This Act may be cited as the Pilot Professionalism Assurance Act.

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.

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.