text: 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 Federal 
          Aviation Administration (in this section referred to as the 
          `Agency') an Aviation Safety Whistleblower Investigation Office 
          (in this subsection referred 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 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 
                          Agency concerning the possible existence 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 information 
                          submitted under clause (i) and 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; and
                              ``(iii) based on findings of the assessment 
                          conducted under clause (ii), make 
                          recommendations to the Administrator in writing 
                          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 consents to the 
                          disclosure in writing; or
                              ``(ii) the Director determines, in the 
                          course of an investigation, that the disclosure 
                          is unavoidable.
                      ``(C) Independence of director.--The Secretary, the 
                  Administrator, or any officer or employee of the Agency 
                  may not prevent or prohibit 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 
                  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 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 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 Agency or any other provision of 
          Federal law relating to aviation safety may have occurred that 
          requires immediate 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 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 submissions 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 
                  Administrator to such recommendations.''.
  
  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 ``Agency)'') to make safety 
          its highest priority.
              (2) In 1996, to ensure that there would be no appearance of 
          a conflict of interest for the Agency in carrying out its 
          safety responsibilities, Congress amended section 40101(d) of 
          such title to remove the responsibilities of the Agency to 
          promote airlines.
              (3) Despite these directives from Congress regarding the 
          priority of safety, the Agency issued a vision statement in 
          which it stated that it has a ``vision'' of ``being responsive 
          to our customers and accountable to the public'' and, in 2003, 
          issued a customer service initiative that required aviation 
          inspectors 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 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 Agency 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 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 
  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 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 Agency with an employee of the Agency.
  
  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 knowingly employ, or make a contractual arrangement 
          which permits, an individual to act as an agent or 
          representative of the certificate holder in any matter before 
          the Federal Aviation 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 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 Agency if the individual makes any written or 
          oral communication on behalf of the certificate holder to the 
          Agency (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 Agency.''.
      (b) Applicability.--The amendment made by subsection (a) shall not 
  apply to an individual employed by a certificate holder as of the date 
  of enactment of this Act.
  
  SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.
  
      (a) In General.--An individual serving as a principal supervisory 
  inspector of the Federal Aviation Administration (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 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 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.
  
  SEC. 6. 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 (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 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 to the Administrator, the 
          Associate Administrator for Aviation Safety, and the Director 
          of Flight Standards a report on the results of the review.
              (2) Contents.--A 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, on a 
  quarterly basis, 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 
  results of reviews of the air transportation oversight system database 
  conducted under this section, including copies of reports received 
  under subsection (b).
  
              Passed the House of Representatives July 22, 2008.
  
              Attest:
  
                                              LORRAINE C. MILLER,
  
                                                                   Clerk.
target: Aviation Safety Enhancement Act of 2008 - Establishes in the Federal Aviation Administration (FAA) an Aviation Safety Whistleblower Investigation Office, with a Director appointed by the Secretary of Transportation, which shall receive and assess complaints and information relating to possible violations of aviation safety laws and regulations.
  
  Directs the FAA Administrator to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers or other entities regulated by the FAA as "customers"; (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft; and (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations.
  
  Prohibits any person holding an air carrier operating certificate from knowingly employing, or contracting with, an individual to act as an agent or representative of the certificate holder in any matter before the FAA if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector; and (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder.
  
  Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years. Authorizes appropriations.
  
  Directs the FAA Administrator to establish a process by which the FAA air transportation oversight system database is reviewed by a team of FAA employees on a monthly basis to ensure that: (1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken.
feat_title: To amend title 49, United States Code, to enhance aviation safety.