49 U.S.C. § 44735 — Limitation on disclosure of safety infor-

Page 1377 TITLE 49—TRANSPORTATION § 44735 carry out inspections in addition to the annual inspec- tion required under this subsection based on identified risks.’’ Subsecs. (g) to (i). Pub. L. 118–63, § 302(a)(1)(E), added subsecs. (g) to (i). Former subsec. (g) redesignated (j). Subsec. (j). Pub. L. 118–63, § 302(a)(1)(D), redesignated subsec. (g) as (j). Subsec. (j)(1). Pub. L. 118–63, § 302(a)(2)(A)(iii), added par. (1). Former par. (1) redesignated (2). Pub. L. 118–63, § 302(a)(2)(A)(i), substituted ‘‘aircraft (including on-wing aircraft engines)’’ for ‘‘aircraft’’. Subsec. (j)(2) to (4). Pub. L. 118–63, § 302(a)(2)(A)(ii), re- designated pars. (1) to (3) as (2) to (4), respectively. 2016—Subsec. (f). Pub. L. 114–190, § 2112(a)(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 114–190, § 2112(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Pub. L. 114–190, § 2112(a)(1), redesignated subsec. (f) as (g). Statutory Notes and Related Subsidiaries RULEMAKING ON SECURITY THREAT ASSESSMENT Pub. L. 118–63, title III, § 302(b)(2), (3), May 16, 2024, 138 Stat. 1069, provided that: ‘‘(2) RULEMAKING ON ASSESSMENT REQUIREMENT.—With respect to any employee not covered under the require- ments of section 1554.101 of title 49, Code of Federal Regulations, the Administrator [of the Federal Avia- tion Administration] shall initiate a rulemaking (or re- quest that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully com- pleted an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title. ‘‘(3) DEFINITION OF COVERED REPAIR STATION.—For pur- poses of this subsection, the term ‘covered repair sta- tion’ means a facility that— ‘‘(A) is located outside the United States; ‘‘(B) is certificated under part 145 of title 14, Code of Federal Regulations; and ‘‘(C) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.’’ ALCOHOL AND CONTROLLED SUBSTANCES TESTING Pub. L. 118–63, title III, § 302(b)(1), May 16, 2024, 138 Stat. 1069, provided that: ‘‘Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Adminis- tration] shall issue a final rule carrying out the re- quirements of section 2112(b) of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44733 note).’’ Pub. L. 114–190, title II, § 2112(b), July 15, 2016, 130 Stat. 628, provided that: ‘‘The Administrator of the Federal Aviation Administration shall ensure that— ‘‘(1) not later than 90 days after the date of enact- ment of this Act [July 15, 2016], a notice of proposed rulemaking required pursuant to section 44733(d)(2) is published in the Federal Register; and ‘‘(2) not later than 1 year after the date on which the notice of proposed rulemaking is published in the Federal Register, the rulemaking is finalized.’’ BACKGROUND INVESTIGATIONS Pub. L. 114–190, title II, § 2112(c), July 15, 2016, 130 Stat. 628, provided that: ‘‘Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall ensure that each employee of a re- pair station certificated under part 145 of title 14, Code of Federal Regulations, who performs a safety-sensitive function on an air carrier aircraft has undergone a pre- employment background investigation sufficient to de- termine whether the individual presents a threat to aviation safety, in a manner that is— ‘‘(1) determined acceptable by the Administrator; ‘‘(2) consistent with the applicable laws of the coun- try in which the repair station is located; and ‘‘(3) consistent with the United States obligations under international agreements.’’ § 44734. Training of flight attendants (a) TRAINING REQUIRED.—In addition to other training required under this chapter, each air carrier shall provide to flight attendants em- ployed or contracted by such air carrier initial and annual training regarding— (1) serving alcohol to passengers; (2) recognizing intoxicated passengers; (3) dealing with disruptive passengers; and (4) recognizing and responding to potential human trafficking victims. (b) SITUATIONAL TRAINING.—In carrying out the training required under subsection (a), each air carrier shall provide to flight attendants sit- uational training on the proper method for deal- ing with intoxicated passengers who act in a bel- ligerent manner. (c) DEFINITIONS.—In this section, the following definitions apply: (1) AIR CARRIER.—The term ‘‘air carrier’’ means a person, including a commercial enter- prise, that has been issued an air carrier oper- ating certificate under section 44705. (2) FLIGHT ATTENDANT.—The term ‘‘flight at- tendant’’ has the meaning given that term in section 44728(g). (Added Pub. L. 112–95, title III, § 309(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 114–190, title II, § 2113, July 15, 2016, 130 Stat. 628.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(4). Pub. L. 114–190 added par. (4). § 44735. Limitation on disclosure of safety infor- mation (a) IN GENERAL.—Except as provided by sub- section (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Fed- eral Aviation Administration pursuant to sec- tion 552(b)(3)(B) of title 5— (1) if the report, data, or other information is submitted to the Federal Aviation Adminis- tration voluntarily and is not required to be submitted to the Administrator under any other provision of law; (2) if the report, data, or other information is submitted to the Federal Aviation Adminis- tration pursuant to section 102(e) of the Air- craft Certification, Safety, and Accountability Act; or (3) if the report, data, or other information is submitted for any purpose relating to the development and implementation of a safety management system, including a system re- quired by regulation. (b) APPLICABILITY.—The limitation established by subsection (a) shall apply to the following: (1) Reports, data, or other information de- veloped under the Aviation Safety Action Pro- gram. (2) Reports, data, or other information pro- duced or collected under the Flight Oper- ational Quality Assurance Program. Page 1378 TITLE 49—TRANSPORTATION § 44736 (3) Reports, data, or other information de- veloped under the Line Operations Safety Audit Program. (4) Reports, data, or other information pro- duced or collected for purposes of developing and implementing a safety management sys- tem acceptable to the Administrator. (5) Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program). (c) EXCEPTION FOR DE-IDENTIFIED INFORMA- TION.— (1) IN GENERAL.—The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report, data, or other infor- mation has been de-identified. (2) DE-IDENTIFIED DEFINED.—In this sub- section, the term ‘‘de-identified’’ means the process by which all information that is likely to establish the identity of the specific per- sons or entities submitting reports, data, or other information is removed from the re- ports, data, or other information. (d) OTHER AGENCIES.— (1) IN GENERAL.—The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives re- ports, data, or other information described in such subsection from the Administrator. (2) RULE OF CONSTRUCTION.—This section shall not be construed to limit the accident or incident investigation authority of the Na- tional Transportation Safety Board under chapter 11, including the requirement to not disclose voluntarily provided safety-related in- formation under section 1114. (Added Pub. L. 112–95, title III, § 310(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 116–260, div. V, title I, § 102(g), Dec. 27, 2020, 134 Stat. 2311; Pub. L. 118–63, title III, § 305, May 16, 2024, 138 Stat. 1071.) Editorial Notes REFERENCES IN TEXT Section 102(e) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (a)(2), is section 102(e) of title I of Pub. L. 116–260, div. V, Dec. 27, 2020, 134 Stat. 2310, which is set out in a note under section 44701 of this title. AMENDMENTS 2024—Subsec. (a)(3). Pub. L. 118–63, § 305(1), added par. (3). Subsec. (d). Pub. L. 118–63, § 305(2), added subsec. (d). 2020—Subsec. (a). Pub. L. 116–260 inserted ‘‘—’’ after ‘‘title 5’’, designated remaining existing provisions as par. (1), and added par. (2). § 44736. Organization designation authorizations (a) DELEGATIONS OF FUNCTIONS.— (1) IN GENERAL.—Except as provided in para- graph (3), when overseeing an ODA holder, the Administrator of the FAA shall— (A) require, based on an application sub- mitted by the ODA holder and approved by the Administrator (or the Administrator’s designee), a procedures manual that address- es all procedures and limitations regarding the functions to be performed by the ODA holder; and (B) conduct regular oversight activities by inspecting the ODA holder’s delegated func- tions and taking action based on validated inspection findings. (2) DUTIES OF ODA HOLDERS.—An ODA holder shall— (A) perform each specified function dele- gated to the ODA holder in accordance with the approved procedures manual for the del- egation; (B) make the procedures manual available to each member of the appropriate ODA unit; and (C) cooperate fully with oversight activi- ties conducted by the Administrator in con- nection with the delegation. (3) EXISTING ODA HOLDERS.—With regard to an ODA holder operating under a procedures manual approved by the Administrator before the date of enactment of the FAA Reauthor- ization Act of 2018, the Administrator shall conduct regular oversight activities by in- specting the ODA holder’s delegated functions and taking action based on validated inspec- tion findings. (b) ODA OFFICE.— (1) ESTABLISHMENT.—The Administrator of the FAA shall identify, within the FAA Office of Aviation Safety, a centralized policy office to be known as the Organization Designation Authorization Office or the ODA Office. (2) PURPOSE.—The purpose of the ODA Office shall be to provide oversight and ensure the consistency of the FAA’s audit functions under the ODA program across the FAA. (3) FUNCTIONS.—The ODA Office shall— (A)(i) require, as appropriate, an ODA holder to establish a corrective action plan to regain authority for any retained limita- tions; (ii) require, as appropriate, an ODA holder to notify the ODA Office when all corrective actions have been accomplished; and (iii) when appropriate, make a reassess- ment to determine if subsequent perform- ance in carrying out any retained limitation warrants continued retention and, if such re- assessment determines performance meets objectives, lift such limitation immediately; (B) develop a more consistent approach to audit priorities, procedures, and training under the ODA program; (C) review, in a timely fashion, a random sample of limitations on delegated authori- ties under the ODA program to determine if the limitations are appropriate; (D) ensure national consistency in the in- terpretation and application of the require- ments of the ODA program, including any limitations, and in the performance of the ODA program; (E) at the request of an ODA holder, review and, when appropriate, approve new limita- tions to ODA functions; (F) ensure the ODA holders procedures manual contains procedures and policies