Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	7,899	n/a	n/a
Reported in House	8,021	6	1%
Engrossed in House	8,511	51	13%
Referred in Senate	8,463	5 Show Changes Hide Changes	0%

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Most commented sections:

• Paragraph 319 (1 comments)
• Paragraph 104 (1 comments)

HR 3371 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3371CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To amend title 49, United States Code, to improve airline safety and pilot training, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Airline Safety and Pilot Training Improvement Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents-CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. FAA Task Force on Air Carrier Safety and Pilot Training.CommentsClose CommentsPermalink





Sec. 4. Implementation of NTSB flight crewmember training recommendations.CommentsClose CommentsPermalink





Sec. 5. Secretary of Transportation responses to safety recommendations.CommentsClose CommentsPermalink





Sec. 6. FAA pilot records database.CommentsClose CommentsPermalink





Sec. 7. FAA rulemaking on training programs.CommentsClose CommentsPermalink





Sec. 8. Aviation safety inspectors and operational research analysts.CommentsClose CommentsPermalink





Sec. 9. Flight crewmember mentoring, professional development, and leadership.CommentsClose CommentsPermalink





Sec. 10. Flight crewmember screening and qualifications.CommentsClose CommentsPermalink





Sec. 11. Airline transport pilot certification.CommentsClose CommentsPermalink





Sec. 12. Flight schools, flight education, and pilot academic training.CommentsClose CommentsPermalink





Sec. 13. Voluntary safety programs.CommentsClose CommentsPermalink





Sec. 14. ASAP and FOQA implementation plan.CommentsClose CommentsPermalink





Sec. 15. Safety management systems.CommentsClose CommentsPermalink





Sec. 16. Disclosure of air carriers operating flights for tickets sold for air transportation.CommentsClose CommentsPermalink





Sec. 17. Pilot fatigue.CommentsClose CommentsPermalink





Sec. 18. Flight crewmember pairing and crew resource management techniques.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

(a) Definitions- In this Act, the following definitions apply:CommentsClose CommentsPermalink





(1) ADVANCED QUALIFICATION PROGRAM- The term ‘advanced qualification program’ means the program established by the Federal Aviation Administration in Advisory Circular 120-54A, dated June 23, 2006, including any subsequent revisions thereto.CommentsClose CommentsPermalink





(2) AIR CARRIER- The term ‘air carrier’ has the meaning given that term in section 40102 of title 49, United States Code.CommentsClose CommentsPermalink





(3) AVIATION SAFETY ACTION PROGRAM- The term ‘aviation safety action program’ means the program established by the Federal Aviation Administration in Advisory Circular 120-66B, dated November 15, 2002, including any subsequent revisions thereto.CommentsClose CommentsPermalink





(4) FLIGHT CREWMEMBER- The term ‘flight crewmember’ has the meaning given that term in part 1.1 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





(5) FLIGHT OPERATIONAL QUALITY ASSURANCE PROGRAM- The term ‘flight operational quality assurance program’ means the program established by the Federal Aviation Administration in Advisory Circular 120-82, dated April 12, 2004, including any subsequent revisions thereto.CommentsClose CommentsPermalink





(6) LINE OPERATIONS SAFETY AUDIT- The term ‘line operations safety audit’ means the procedure referenced by the Federal Aviation Administration in Advisory Circular 120-90, dated April 27, 2006, including any subsequent revisions thereto.CommentsClose CommentsPermalink





(7) PART 121 AIR CARRIER- The term ‘part 121 air carrier’ means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





(8) PART 135 AIR CARRIER- The term ‘part 135 air carrier’ means an air carrier that holds a certificate issued under part 135 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink

SEC. 3. FAA TASK FORCE ON AIR CARRIER SAFETY AND PILOT TRAINING.

(a) Establishment- The Administrator of the Federal Aviation Administration shall establish a special task force to be known as the ‘FAA Task Force on Air Carrier Safety and Pilot Training’ (in this section referred to as the ‘Task Force’).CommentsClose CommentsPermalink





(b) Composition- The Task Force shall consist of members appointed by the Administrator and shall include air carrier representatives, labor union representatives, and aviation safety experts with knowledge of foreign and domestic regulatory requirements for flight crewmember education and training.CommentsClose CommentsPermalink





(c) Duties- The duties of the Task Force shall include, at a minimum, evaluating best practices in the air carrier industry and providing recommendations in the following areas:CommentsClose CommentsPermalink





(1) Air carrier management responsibilities for flight crewmember education and support.CommentsClose CommentsPermalink





(2) Flight crewmember professional standards.CommentsClose CommentsPermalink





(3) Flight crewmember training standards and performance.CommentsClose CommentsPermalink





(4) Mentoring and information sharing between air carriers.CommentsClose CommentsPermalink





(d) Report- Not later than 180 days after the date of enactment of this Act, and before the last day of each 180-day period thereafter until termination of the Task Force, the Task Force 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 detailing--CommentsClose CommentsPermalink





(1) the progress of the Task Force in identifying best practices in the air carrier industry;CommentsClose CommentsPermalink





(2) the progress of air carriers and labor unions in implementing the best practices identified by the Task Force;CommentsClose CommentsPermalink





(3) recommendations of the Task Force, if any, for legislative or regulatory actions;CommentsClose CommentsPermalink





(4) the progress of air carriers and labor unions in implementing training-related, nonregulatory actions recommended by the Administrator; andCommentsClose CommentsPermalink





(5) the progress of air carriers in developing specific programs to share safety data and ensure implementation of the most effective safety practices.CommentsClose CommentsPermalink





(e) Termination- The Task Force shall terminate on September 30, 2012.CommentsClose CommentsPermalink





(f) Applicability of Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.CommentsClose CommentsPermalink

SEC. 4. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING RECOMMENDATIONS.

(a) Rulemaking Proceedings-CommentsClose CommentsPermalink





(1) STALL AND UPSET RECOGNITION AND RECOVERY TRAINING- The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to provide flight crewmembers with ground training and flight training or flight simulator training--CommentsClose CommentsPermalink





(A) to recognize and avoid a stall of an aircraft or, if not avoided, to recover from the stall; andCommentsClose CommentsPermalink





(B) to recognize and avoid an upset of an aircraft or, if not avoided, to execute such techniques as available data indicate are appropriate to recover from the upset in a given make, model, and series of aircraft.CommentsClose CommentsPermalink





(2) REMEDIAL TRAINING PROGRAMS- The Administrator shall conduct a rulemaking proceeding to require part 121 air carriers to establish remedial training programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment.CommentsClose CommentsPermalink





(3) DEADLINES- The Administrator shall--CommentsClose CommentsPermalink





(A) not later than 180 days after the date of enactment of this Act, issue a notice of proposed rulemaking under each of paragraphs (1) and (2); andCommentsClose CommentsPermalink





(B) not later than 24 months after the date of enactment of this Act, issue a final rule for the rulemaking in each of paragraphs (1) and (2).CommentsClose CommentsPermalink





(b) Stick Pusher Training and Weather Event Training-CommentsClose CommentsPermalink





(1) MULTIDISCIPLINARY PANEL- Not later than 120 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary panel of specialists in aircraft operations, flight crewmember training, human factors, and aviation safety to study and submit to the Administrator a report on methods to increase the familiarity of flight crewmembers with, and improve the response of flight crewmembers to, stick pusher systems, icing conditions, and microburst and windshear weather events.CommentsClose CommentsPermalink





(2) REPORT TO CONGRESS AND NTSB- Not later than one year after the date on which the Administrator convenes the panel, the Administrator shall--CommentsClose CommentsPermalink





(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel; andCommentsClose CommentsPermalink





(B) with respect to stick pusher systems, initiate appropriate actions to implement the recommendations of the panel.CommentsClose CommentsPermalink





(c) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) FLIGHT TRAINING AND FLIGHT SIMULATOR- The terms ‘flight training’ and ‘flight simulator’ have the meanings given those terms in part 61.1 of title 14, Code of Federal Regulations (or any successor regulation).CommentsClose CommentsPermalink





(2) STALL- The term ‘stall’ means an aerodynamic loss of lift caused by exceeding the critical angle of attack.CommentsClose CommentsPermalink





(3) STICK PUSHER- The term ‘stick pusher’ means a device that, at or near a stall, applies a nose down pitch force to an aircraft’s control columns to attempt to decrease the aircraft’s angle of attack.CommentsClose CommentsPermalink





(4) UPSET- The term ‘upset’ means an unusual aircraft attitude.CommentsClose CommentsPermalink

SEC. 5. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY RECOMMENDATIONS.

(a) In General- The first sentence of section 1135(a) of title 49, United States Code, is amended by inserting ‘to the National Transportation Safety Board’ after ‘shall give’.CommentsClose CommentsPermalink





(b) Air Carrier Safety Recommendations- Section 1135 of such title is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Annual Report on Air Carrier Safety Recommendations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall submit to Congress and the Board, on an annual basis, a report on the recommendations made by the Board to the Secretary regarding air carrier operations conducted under part 121 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(2) RECOMMENDATIONS TO BE COVERED- The report shall cover--CommentsClose CommentsPermalink





‘(A) any recommendation for which the Secretary has developed, or intends to develop, procedures to adopt the recommendation or part of the recommendation, but has yet to complete the procedures; andCommentsClose CommentsPermalink





‘(B) any recommendation for which the Secretary, in the preceding year, has issued a response under subsection (a)(2) or (a)(3) refusing to carry out all or part of the procedures to adopt the recommendation.CommentsClose CommentsPermalink





‘(3) CONTENTS-CommentsClose CommentsPermalink





‘(A) PLANS TO ADOPT RECOMMENDATIONS- For each recommendation of the Board described in paragraph (2)(A), the report shall contain--CommentsClose CommentsPermalink





‘(i) a description of the recommendation;CommentsClose CommentsPermalink





‘(ii) a description of the procedures planned for adopting the recommendation or part of the recommendation;CommentsClose CommentsPermalink





‘(iii) the proposed date for completing the procedures; andCommentsClose CommentsPermalink





‘(iv) if the Secretary has not met a deadline contained in a proposed timeline developed in connection with the recommendation under subsection (b), an explanation for not meeting the deadline.CommentsClose CommentsPermalink





‘(B) REFUSALS TO ADOPT RECOMMENDATIONS- For each recommendation of the Board described in paragraph (2)(B), the report shall contain--CommentsClose CommentsPermalink





‘(i) a description of the recommendation; andCommentsClose CommentsPermalink





‘(ii) a description of the reasons for the refusal to carry out all or part of the procedures to adopt the recommendation.’.CommentsClose CommentsPermalink

SEC. 6. FAA PILOT RECORDS DATABASE.

(a) Records of Employment of Pilot Applicants- Section 44703(h) of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(16) APPLICABILITY- This subsection shall cease to be effective on the date specified in regulations issued under subsection (i).’.CommentsClose CommentsPermalink





(b) Establishment of FAA Pilot Records Database- Section 44703 of such title is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (h) the following:CommentsClose CommentsPermalink





‘(i) FAA Pilot Records Database-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Before allowing an individual to begin service as a pilot, an air carrier shall access and evaluate, in accordance with the requirements of this subsection, information pertaining to the individual from the pilot records database established under paragraph (2).CommentsClose CommentsPermalink





‘(2) PILOT RECORDS DATABASE- The Administrator shall establish an electronic database (in this subsection referred to as the ‘database’) containing the following records:CommentsClose CommentsPermalink





‘(A) FAA RECORDS- From the Administrator--CommentsClose CommentsPermalink





‘(i) records that are maintained by the Administrator concerning current airman certificates, including airman medical certificates and associated type ratings and information on any limitations to those certificates and ratings;CommentsClose CommentsPermalink





‘(ii) records that are maintained by the Administrator concerning any failed attempt of an individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations; andCommentsClose CommentsPermalink





‘(iii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.CommentsClose CommentsPermalink





‘(B) AIR CARRIER AND OTHER RECORDS- From any air carrier or other person (except a branch of the Armed Forces, the National Guard, or a reserve component of the Armed Forces) that has employed an individual as a pilot of a civil or public aircraft, or from the trustee in bankruptcy for such air carrier or person--CommentsClose CommentsPermalink





‘(i) records pertaining to the individual that are maintained by the air carrier (other than records relating to flight time, duty time, or rest time), including records under regulations set forth in--CommentsClose CommentsPermalink





‘(I) section 121.683 of title 14, Code of Federal Regulations;CommentsClose CommentsPermalink





‘(II) paragraph (A) of section VI, appendix I, part 121 of such title;CommentsClose CommentsPermalink





‘(III) paragraph (A) of section IV, appendix J, part 121 of such title;CommentsClose CommentsPermalink





‘(IV) section 125.401 of such title; andCommentsClose CommentsPermalink





‘(V) section 135.63(a)(4) of such title; andCommentsClose CommentsPermalink





‘(ii) other records pertaining to the individual’s performance as a pilot that are maintained by the air carrier or person concerning--CommentsClose CommentsPermalink





‘(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;CommentsClose CommentsPermalink





‘(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; andCommentsClose CommentsPermalink





‘(III) any release from employment or resignation, termination, or disqualification with respect to employment.CommentsClose CommentsPermalink





‘(C) NATIONAL DRIVER REGISTER RECORDS- In accordance with section 30305(b)(8) of this title, from the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual.CommentsClose CommentsPermalink





‘(3) WRITTEN CONSENT; RELEASE FROM LIABILITY- An air carrier--CommentsClose CommentsPermalink





‘(A) shall obtain the written consent of an individual before accessing records pertaining to the individual under paragraph (1); andCommentsClose CommentsPermalink





‘(B) may, notwithstanding any other provision of law or agreement to the contrary, require an individual with respect to whom the carrier is accessing records under paragraph (1) to execute a release from liability for any claim arising from accessing the records or the use of such records by the air carrier in accordance with this section (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute).CommentsClose CommentsPermalink





‘(4) REPORTING-CommentsClose CommentsPermalink





‘(A) REPORTING BY ADMINISTRATOR- The Administrator shall enter data described in paragraph (2)(A) into the database promptly to ensure that an individual’s records are current.CommentsClose CommentsPermalink





‘(B) REPORTING BY AIR CARRIERS AND OTHER PERSONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Air carriers and other persons shall report data described in paragraphs (2)(B) and (2)(C) to the Administrator promptly for entry into the database.CommentsClose CommentsPermalink





‘(ii) DATA TO BE REPORTED- Air carriers and other persons shall report, at a minimum, under clause (i) the following data described in paragraph (2)(B):CommentsClose CommentsPermalink





‘(I) Records that are generated by the air carrier or other person after the date of enactment of this paragraph.CommentsClose CommentsPermalink





‘(II) Records that the air carrier or other person is maintaining, on such date of enactment, pursuant to subsection (h)(4).CommentsClose CommentsPermalink





‘(5) REQUIREMENT TO MAINTAIN RECORDS- The Administrator--CommentsClose CommentsPermalink





‘(A) shall maintain all records entered into the database under paragraph (2) pertaining to an individual until the date of receipt of notification that the individual is deceased; andCommentsClose CommentsPermalink





‘(B) may remove the individual’s records from the database after that date.CommentsClose CommentsPermalink





‘(6) RECEIPT OF CONSENT- The Administrator shall not permit an air carrier to access records pertaining to an individual from the database under paragraph (1) without the air carrier first demonstrating to the satisfaction of the Administrator that the air carrier has obtained the written consent of the individual.CommentsClose CommentsPermalink





‘(7) RIGHT OF PILOT TO REVIEW CERTAIN RECORDS AND CORRECT INACCURACIES- Notwithstanding any other provision of law or agreement, the Administrator, upon receipt of written request from an individual--CommentsClose CommentsPermalink





‘(A) shall make available, not later than 30 days after the date of the request, to the individual for review all records referred to in paragraph (2) pertaining to the individual; andCommentsClose CommentsPermalink





‘(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records.CommentsClose CommentsPermalink





‘(8) REASONABLE CHARGES FOR PROCESSING REQUESTS AND FURNISHING COPIES- The Administrator may establish a reasonable charge for the cost of processing a request under paragraph (1) or (7) and for the cost of furnishing copies of requested records under paragraph (7).CommentsClose CommentsPermalink





‘(9) PRIVACY PROTECTIONS-CommentsClose CommentsPermalink





‘(A) USE OF RECORDS- An air carrier that accesses records pertaining to an individual under paragraph (1) may use the records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the individual and the confidentiality of the records accessed, including ensuring that information contained in the records is not divulged to any individual that is not directly involved in the hiring decision.CommentsClose CommentsPermalink





‘(B) DISCLOSURE OF INFORMATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided by clause (ii), information collected by the Administrator under paragraph (2) shall be exempt from the disclosure requirements of section 552 of title 5.CommentsClose CommentsPermalink





‘(ii) EXCEPTIONS- Clause (i) shall not apply to--CommentsClose CommentsPermalink





‘(I) de-identified, summarized information to explain the need for changes in policies and regulations;CommentsClose CommentsPermalink





‘(II) information to correct a condition that compromises safety;CommentsClose CommentsPermalink





‘(III) information to carry out a criminal investigation or prosecution;CommentsClose CommentsPermalink





‘(IV) information to comply with section 44905, regarding information about threats to civil aviation; andCommentsClose CommentsPermalink





‘(V) such information as the Administrator determines necessary, if withholding the information would not be consistent with the safety responsibilities of the Federal Aviation Administration.CommentsClose CommentsPermalink





‘(10) PERIODIC REVIEW- Not later than 18 months after the date of enactment of this paragraph, and at least once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry--CommentsClose CommentsPermalink





‘(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be included in the database under paragraph (2); orCommentsClose CommentsPermalink





‘(B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).CommentsClose CommentsPermalink





‘(11) REGULATIONS FOR PROTECTION AND SECURITY OF RECORDS- The Administrator shall prescribe such regulations as may be necessary--CommentsClose CommentsPermalink





‘(A) to protect and secure--CommentsClose CommentsPermalink





‘(i) the personal privacy of any individual whose records are accessed under paragraph (1); andCommentsClose CommentsPermalink





‘(ii) the confidentiality of those records; andCommentsClose CommentsPermalink





‘(B) to preclude the further dissemination of records received under paragraph (1) by the person who accessed the records.CommentsClose CommentsPermalink





‘(12) GOOD FAITH EXCEPTION- Notwithstanding paragraph (1), an air carrier may allow an individual to begin service as a pilot, without first obtaining information described in paragraph (2)(B) from the database pertaining to the individual, if--CommentsClose CommentsPermalink





‘(A) the air carrier has made a documented good faith attempt to access the information from the database; andCommentsClose CommentsPermalink





‘(B) has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air carrier or other person that no longer exists or by a foreign government or other entity that has not provided the information to the database.CommentsClose CommentsPermalink





‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO RECORDS-CommentsClose CommentsPermalink





‘(A) ACCESS BY INDIVIDUALS DESIGNATED BY AIR CARRIERS- For the purpose of increasing timely and efficient access to records described in paragraph (2), the Administrator may allow, under terms established by the Administrator, an individual designated by an air carrier to have electronic access to the database.CommentsClose CommentsPermalink





‘(B) TERMS- The terms established by the Administrator under subparagraph (A) for allowing a designated individual to have electronic access to the database shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that--CommentsClose CommentsPermalink





‘(i) the designated individual has received the written consent of the pilot applicant to access the information; andCommentsClose CommentsPermalink





‘(ii) information obtained using such access will not be used for any purpose other than making the hiring decision.CommentsClose CommentsPermalink





‘(14) AUTHORIZED EXPENDITURES- Out of amounts appropriated under section 106(k)(1), there is authorized to be expended to carry out this subsection such sums as may be necessary for each of fiscal years 2010, 2011, and 2012.CommentsClose CommentsPermalink





‘(15) REGULATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator shall issue regulations to carry out this subsection.CommentsClose CommentsPermalink





‘(B) EFFECTIVE DATE- The regulations shall specify the date on which the requirements of this subsection take effect and the date on which the requirements of subsection (h) cease to be effective.CommentsClose CommentsPermalink





‘(C) EXCEPTIONS- Notwithstanding subparagraph (B)--CommentsClose CommentsPermalink





‘(i) the Administrator shall begin to establish the database under paragraph (2) not later than 90 days after the date of enactment of this paragraph;CommentsClose CommentsPermalink





‘(ii) the Administrator shall maintain records in accordance with paragraph (5) beginning on the date of enactment of this paragraph; andCommentsClose CommentsPermalink





‘(iii) air carriers and other persons shall maintain records to be reported to the database under paragraph (4)(B) in the period beginning on such date of enactment and ending on the date that is 5 years after the requirements of subsection (h) cease to be effective pursuant to subparagraph (B).CommentsClose CommentsPermalink





‘(16) SPECIAL RULE- During the one-year period beginning on the date on which the requirements of this section become effective pursuant to paragraph (15)(B), paragraph (7)(A) shall be applied by substituting ‘45 days’ for ‘30 days’.’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) LIMITATION ON LIABILITY; PREEMPTION OF STATE LAW- Section 44703(j) (as redesignated by subsection (b)(1) of this section) is amended--CommentsClose CommentsPermalink





(A) in the subsection heading by striking ‘Limitation’ and inserting ‘Limitations’;CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A) by striking ‘paragraph (2)’ and inserting ‘subsection (h)(2) or (i)(3)’;CommentsClose CommentsPermalink





(ii) in subparagraph (A) by inserting ‘or accessing the records of that individual under subsection (i)(1)’ before the semicolon; andCommentsClose CommentsPermalink





(iii) in the matter following subparagraph (D) by striking ‘subsection (h)’ and inserting ‘subsection (h) or (i)’;CommentsClose CommentsPermalink





(C) in paragraph (2) by striking ‘subsection (h)’ and inserting ‘subsection (h) or (i)’;CommentsClose CommentsPermalink





(D) in paragraph (3), in the matter preceding subparagraph (A), by inserting ‘or who furnished information to the database established under subsection (i)(2)’ after ‘subsection (h)(1)’; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) PROHIBITION ON ACTIONS AND PROCEEDINGS AGAINST AIR CARRIERS-CommentsClose CommentsPermalink





‘(A) HIRING DECISIONS- An air carrier may refuse to hire an individual as a pilot if the individual did not provide written consent for the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute the release from liability requested under subsection (h)(2)(B) or (i)(3)(B).CommentsClose CommentsPermalink





‘(B) ACTIONS AND PROCEEDINGS- No action or proceeding may be brought against an air carrier by or on behalf of an individual who has applied for or is seeking a position as a pilot with the air carrier if the air carrier refused to hire the individual after the individual did not provide written consent for the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute a release from liability requested under subsection (h)(2)(B) or (i)(3)(B).’.CommentsClose CommentsPermalink





(2) LIMITATION ON STATUTORY CONSTRUCTION- Section 44703(k) (as redesignated by subsection (b)(1) of this section) is amended by striking ‘subsection (h)’ and inserting ‘subsection (h) or (i)’.CommentsClose CommentsPermalink

SEC. 7. FAA RULEMAKING ON TRAINING PROGRAMS.

(a) Completion of Rulemaking on Training Programs- Not later than 14 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the notice of proposed rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers).CommentsClose CommentsPermalink





(b) Expert Panel To Review Part 121 and Part 135 Training Hours-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- Not later than 60 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary expert panel comprised of, at a minimum, air carrier representatives, training facility representatives, instructional design experts, aircraft manufacturers, safety organization representatives, and labor union representatives.CommentsClose CommentsPermalink





(2) ASSESSMENT AND RECOMMENDATIONS- The panel shall assess and make recommendations concerning--CommentsClose CommentsPermalink





(A) the best methods and optimal time needed for flight crewmembers of part 121 air carriers and flight crewmembers of part 135 air carriers to master aircraft systems, maneuvers, procedures, take offs and landings, and crew coordination;CommentsClose CommentsPermalink





(B) the optimal length of time between training events for such crewmembers, including recurrent training events;CommentsClose CommentsPermalink





(C) the best methods to reliably evaluate mastery by such crewmembers of aircraft systems, maneuvers, procedures, take offs and landings, and crew coordination; andCommentsClose CommentsPermalink





(D) the best methods to allow specific academic training courses to be credited pursuant to section 11(d) toward the total flight hours required to receive an airline transport pilot certificate.CommentsClose CommentsPermalink





(3) REPORT- Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel.CommentsClose CommentsPermalink

SEC. 8. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH ANALYSTS.

(a) Review by DOT Inspector General- Not later than 9 months after the date of enactment of this Act, the Inspector General of the Department of Transportation shall conduct a review of aviation safety inspectors and operational research analysts of the Federal Aviation Administration assigned to part 121 air carriers and submit to the Administrator of the Federal Aviation Administration a report on the results of the review.CommentsClose CommentsPermalink





(b) Purposes- The purpose of the review shall be, at a minimum--CommentsClose CommentsPermalink





(1) to review the level of the Administration’s oversight of each part 121 air carrier;CommentsClose CommentsPermalink





(2) to make recommendations to ensure that each part 121 air carrier is receiving an equivalent level of oversight;CommentsClose CommentsPermalink





(3) to assess the number and level of experience of aviation safety inspectors assigned to such carriers;CommentsClose CommentsPermalink





(4) to evaluate how the Administration is making assignments of aviation safety inspectors to such carriers;CommentsClose CommentsPermalink





(5) to review various safety inspector oversight programs, including the geographic inspector program;CommentsClose CommentsPermalink





(6) to evaluate the adequacy of the number of operational research analysts assigned to each part 121 air carrier;CommentsClose CommentsPermalink





(7) to evaluate the surveillance responsibilities of aviation safety inspectors, including en route inspections;CommentsClose CommentsPermalink





(8) to evaluate whether inspectors are able to effectively use data sources, such as the Safety Performance Analysis System and the Air Transportation Oversight System, to assist in targeting oversight of air carriers;CommentsClose CommentsPermalink





(9) to assess the feasibility of establishment by the Administration of a comprehensive repository of information that encompasses multiple Administration data sources and allowing access by aviation safety inspectors and operational research analysts to assist in the oversight of part 121 air carriers; andCommentsClose CommentsPermalink





(10) to conduct such other analyses as the Inspector General considers relevant to the purpose of the review.CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 90 days after the date of receipt of the report submitted under subsection (a), the Administrator 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--CommentsClose CommentsPermalink





(1) that specifies which, if any, policy changes recommended by the Inspector General under this section the Administrator intends to adopt and implement;CommentsClose CommentsPermalink





(2) that includes an explanation of how the Administrator plans to adopt and implement such policy changes; andCommentsClose CommentsPermalink





(3) in any case in which the Administrator does not intend to adopt a policy change recommended by the Inspector General, that includes an explanation of the reasons for the decision not to adopt and implement the policy change.CommentsClose CommentsPermalink

SEC. 9. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND LEADERSHIP.

(a) Rulemaking Proceeding-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require each part 121 air carrier to take the following actions:CommentsClose CommentsPermalink





(A) Establish flight crewmember mentoring programs under which the air carrier will pair highly experienced flight crewmembers who will serve as mentor pilots and be paired with newly employed flight crewmembers. Mentor pilots shall receive, at a minimum, specific instruction on techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly employed flight crewmembers.CommentsClose CommentsPermalink





(B) Establish flight crewmember professional development committees made up of air carrier management and labor union or professional association representatives to develop, administer, and oversee formal mentoring programs of the carrier to assist flight crewmembers to reach their maximum potential as safe, seasoned, and proficient flight crewmembers.CommentsClose CommentsPermalink





(C) Establish or modify training programs to accommodate substantially different levels and types of flight experience by newly employed flight crewmembers.CommentsClose CommentsPermalink





(D) Establish or modify training programs for second-in-command flight crewmembers attempting to qualify as pilot-in-command flight crewmembers for the first time in a specific aircraft type and ensure that such programs include leadership and command training.CommentsClose CommentsPermalink





(E) Ensure that recurrent training for pilots in command includes leadership and command training.CommentsClose CommentsPermalink





(F) Such other actions as the Administrator determines appropriate to enhance flight crewmember professional development.CommentsClose CommentsPermalink





(2) COMPLIANCE WITH STERILE COCKPIT RULE- Leadership and command training described in paragraphs (1)(D) and (1)(E) shall include instruction on compliance with flight crewmember duties under part 121.542 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





(3) STREAMLINED PROGRAM REVIEW-CommentsClose CommentsPermalink





(A) IN GENERAL- As part of the rulemaking required by subsection (a), the Administrator shall establish a streamlined process for part 121 air carriers that have in effect, as of the date of enactment of this Act, the programs required by paragraph (1).CommentsClose CommentsPermalink





(B) EXPEDITED APPROVALS- Under the streamlined process, the Administrator shall--CommentsClose CommentsPermalink





(i) review the programs of such part 121 air carriers to determine whether the programs meet the requirements set forth in the final rule referred to in subsection (b)(2); andCommentsClose CommentsPermalink





(ii) expedite the approval of the programs that the Administrator determines meet such requirements.CommentsClose CommentsPermalink





(b) Deadlines- The Administrator shall issue--CommentsClose CommentsPermalink





(1) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); andCommentsClose CommentsPermalink





(2) not later than 24 months after such date of enactment, a final rule under subsection (a).CommentsClose CommentsPermalink

SEC. 10. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.

(a) Requirements-CommentsClose CommentsPermalink





(1) RULEMAKING PROCEEDING- The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to develop and implement means and methods for ensuring that flight crewmembers have proper qualifications and experience.CommentsClose CommentsPermalink





(2) MINIMUM REQUIREMENTS-CommentsClose CommentsPermalink





(A) PROSPECTIVE FLIGHT CREWMEMBERS- Rules issued under paragraph (1) shall ensure that prospective flight crewmembers undergo comprehensive pre-employment screening, including an assessment of the skills, aptitudes, airmanship, and suitability of each applicant for a position as a flight crewmember in terms of functioning effectively in the air carrier’s operational environment.CommentsClose CommentsPermalink





(B) ALL FLIGHT CREWMEMBERS- Rules issued under paragraph (1) shall ensure that, after the date that is 3 years after the date of enactment of this Act, all flight crewmembers--CommentsClose CommentsPermalink





(i) have obtained an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations; andCommentsClose CommentsPermalink





(ii) have appropriate multi-engine aircraft flight experience, as determined by the Administrator.CommentsClose CommentsPermalink





(b) Deadlines- The Administrator shall issue--CommentsClose CommentsPermalink





(1) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); andCommentsClose CommentsPermalink





(2) not later than 24 months after such date of enactment, a final rule under subsection (a).CommentsClose CommentsPermalink

SEC. 11. AIRLINE TRANSPORT PILOT CERTIFICATION.

(a) Rulemaking Proceeding- The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to amend part 61 of title 14, Code of Federal Regulations, to modify requirements for the issuance of an airline transport pilot certificate.CommentsClose CommentsPermalink





(b) Minimum Requirements- To be qualified to receive an airline transport pilot certificate pursuant to subsection (a), an individual shall--CommentsClose CommentsPermalink





(1) have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment; andCommentsClose CommentsPermalink





(2) have received flight training, academic training, or operational experience that will prepare a pilot, at a minimum, to--CommentsClose CommentsPermalink





(A) function effectively in a multipilot environment;CommentsClose CommentsPermalink





(B) function effectively in adverse weather conditions, including icing conditions;CommentsClose CommentsPermalink





(C) function effectively during high altitude operations;CommentsClose CommentsPermalink





(D) adhere to the highest professional standards; andCommentsClose CommentsPermalink





(E) function effectively in an air carrier operational environment.CommentsClose CommentsPermalink





(c) Flight Hours-CommentsClose CommentsPermalink





(1) NUMBERS OF FLIGHT HOURS- The total flight hours required by the Administrator under subsection (b)(1) shall be at least 1,500 flight hours.CommentsClose CommentsPermalink





(2) FLIGHT HOURS IN DIFFICULT OPERATIONAL CONDITIONS- The total flight hours required by the Administrator under subsection (b)(1) shall include sufficient flight hours, as determined by the Administrator, in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such conditions.CommentsClose CommentsPermalink





(d) Credit Toward Flight Hours- The Administrator may allow specific academic training courses, beyond those required under subsection (b)(2), to be credited toward the total flight hours required under subsection (c). The Administrator may allow such credit based on a determination by the Administrator that allowing a pilot to take specific academic training courses will enhance safety more than requiring the pilot to fully comply with the flight hours requirement.CommentsClose CommentsPermalink





(e) Recommendations of Expert Panel- In conducting the rulemaking proceeding under this section, the Administrator shall review and consider the assessment and recommendations of the expert panel to review part 121 and part 135 training hours established by section 7(b) of this Act.CommentsClose CommentsPermalink





(f) Deadline- Not later than 36 months after the date of enactment of this Act, the Administrator shall issue a final rule under subsection (a).CommentsClose CommentsPermalink

SEC. 12. FLIGHT SCHOOLS, FLIGHT EDUCATION, AND PILOT ACADEMIC TRAINING.

(a) GAO Study- The Comptroller General shall conduct a comprehensive study of flight schools, flight education, and academic training requirements for certification of an individual as a pilot.CommentsClose CommentsPermalink





(b) Minimum Contents of Study- The study shall include, at a minimum--CommentsClose CommentsPermalink





(1) an assessment of the Federal Aviation Administration’s oversight of flight schools;CommentsClose CommentsPermalink





(2) an assessment of the Administration’s academic training requirements in effect on the date of enactment of this Act as compared to flight education provided to a pilot by accredited 2- and 4-year universities;CommentsClose CommentsPermalink





(3) an assessment of the quality of pilots entering the part 121 air carrier workforce from all sources after receiving training from flight training providers, including Aviation Accreditation Board International, universities, pilot training organizations, and the military, utilizing the training records of part 121 air carriers, including consideration of any relationships between flight training providers and air carriers;CommentsClose CommentsPermalink





(4) a comparison of the academic training requirements for pilots in the United States to the academic training requirements for pilots in other countries;CommentsClose CommentsPermalink





(5) a determination and description of any improvements that may be needed in the Administration’s academic training requirements for pilots;CommentsClose CommentsPermalink





(6) an assessment of student financial aid and loan options available to individuals interested in enrolling at a flight school for both academic and flight hour training;CommentsClose CommentsPermalink





(7) an assessment of the Federal Aviation Administration’s oversight of general aviation flight schools that offer or would like to offer training programs under part 142 of title 14, Code of Federal Regulations; andCommentsClose CommentsPermalink





(8) an assessment of whether compliance with the English speaking requirements applicable to pilots under part 61 of such title is adequately tested and enforced.CommentsClose CommentsPermalink





(c) Report- Not later than 120 days after the date of enactment of this Act, the Comptroller General 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 the study.CommentsClose CommentsPermalink

SEC. 13. VOLUNTARY SAFETY PROGRAMS.

(a) Report- Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration 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 aviation safety action program, the flight operational quality assurance program, the line operations safety audit, and the advanced qualification program.CommentsClose CommentsPermalink





(b) Contents- The report shall include--CommentsClose CommentsPermalink





(1) a list of--CommentsClose CommentsPermalink





(A) which air carriers are using one or more of the voluntary safety programs referred to in subsection (a); andCommentsClose CommentsPermalink





(B) the voluntary safety programs each air carrier is using;CommentsClose CommentsPermalink





(2) if an air carrier is not using one or more of the voluntary safety programs--CommentsClose CommentsPermalink





(A) a list of such programs the carrier is not using; andCommentsClose CommentsPermalink





(B) the reasons the carrier is not using each such program;CommentsClose CommentsPermalink





(3) if an air carrier is using one or more of the voluntary safety programs, an explanation of the benefits and challenges of using each such program;CommentsClose CommentsPermalink





(4) a detailed analysis of how the Administration is using data derived from each of the voluntary safety programs as safety analysis and accident or incident prevention tools and a detailed plan on how the Administration intends to expand data analysis of such programs;CommentsClose CommentsPermalink





(5) an explanation of--CommentsClose CommentsPermalink





(A) where the data derived from such programs is stored;CommentsClose CommentsPermalink





(B) how the data derived from such programs is protected and secured; andCommentsClose CommentsPermalink





(C) what data analysis processes air carriers are implementing to ensure the effective use of the data derived from such programs;CommentsClose CommentsPermalink





(6) a description of the extent to which aviation safety inspectors are able to review data derived from such programs to enhance their oversight responsibilities;CommentsClose CommentsPermalink





(7) a description of how the Administration plans to incorporate operational trends identified under such programs into the air transport oversight system and other surveillance databases so that such system and databases are more effectively utilized;CommentsClose CommentsPermalink





(8) other plans to strengthen such programs, taking into account reviews of such programs by the Inspector General of the Department of Transportation; andCommentsClose CommentsPermalink





(9) such other matters as the Administrator determines are appropriate.CommentsClose CommentsPermalink

SEC. 14. ASAP AND FOQA IMPLEMENTATION PLAN.

(a) Development and Implementation Plan- The Administrator of the Federal Aviation Administration shall develop and implement a plan to facilitate the establishment of an aviation safety action program and a flight operational quality assurance program by all part 121 air carriers.CommentsClose CommentsPermalink





(b) Matters To Be Considered- In developing the plan under subsection (a), the Administrator shall consider--CommentsClose CommentsPermalink





(1) how the Administration can assist part 121 air carriers with smaller fleet sizes to derive benefit from establishing a flight operational quality assurance program;CommentsClose CommentsPermalink





(2) how part 121 air carriers with established aviation safety action and flight operational quality assurance programs can quickly begin to report data into the aviation safety information analysis sharing database; andCommentsClose CommentsPermalink





(3) how part 121 air carriers and aviation safety inspectors can better utilize data from such database as accident and incident prevention tools.CommentsClose CommentsPermalink





(c) Report- Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Science, Commerce, and Transportation of the Senate a copy of the plan developed under subsection (a) and an explanation of how the Administration will implement the plan.CommentsClose CommentsPermalink





(d) Deadline for Beginning Implementation of Plan- Not later than one year after the date of enactment of this Act, the Administrator shall begin implementation of the plan developed under subsection (a).CommentsClose CommentsPermalink

SEC. 15. SAFETY MANAGEMENT SYSTEMS.

(a) Rulemaking- The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require all part 121 air carriers to implement a safety management system.CommentsClose CommentsPermalink





(b) Matters to Consider- In conducting the rulemaking under subsection (a), the Administrator shall consider, at a minimum, including each of the following as a part of the safety management system:CommentsClose CommentsPermalink





(1) An aviation safety action program.CommentsClose CommentsPermalink





(2) A flight operational quality assurance program.CommentsClose CommentsPermalink





(3) A line operations safety audit.CommentsClose CommentsPermalink





(4) An advanced qualification program.CommentsClose CommentsPermalink





(c) Deadlines- The Administrator shall issue--CommentsClose CommentsPermalink





(1) not later than 90 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); andCommentsClose CommentsPermalink





(2) not later than 24 months after the date of enactment of this Act, a final rule under subsection (a).CommentsClose CommentsPermalink





(d) Safety Management System Defined- In this section, the term ‘safety management system’ means the program established by the Federal Aviation Administration in Advisory Circular 120-92, dated June 22, 2006, including any subsequent revisions thereto.CommentsClose CommentsPermalink

SEC. 16. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR TRANSPORTATION.

Section 41712 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Disclosure Requirement for Sellers of Tickets for Flights-CommentsClose CommentsPermalink





‘(1) IN GENERAL- It shall be an unfair or deceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to sell tickets for air transportation on a flight of an air carrier to not disclose, whether verbally in oral communication or in writing in written or electronic communication, prior to the purchase of a ticket--CommentsClose CommentsPermalink





‘(A) the name (including any business or corporate name) of the air carrier providing the air transportation; andCommentsClose CommentsPermalink





‘(B) if the flight has more than one flight segment, the name of each air carrier providing the air transportation for each such flight segment.CommentsClose CommentsPermalink





‘(2) INTERNET OFFERS- In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the information required by paragraph (1) shall be provided on the first display of the Web site following a search of a requested itinerary in a format that is easily visible to a viewer.’.CommentsClose CommentsPermalink

SEC. 17. PILOT FATIGUE.

(a) Flight and Duty Time Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- In accordance with paragraph (3), the Administrator of the Federal Aviation Administration shall issue regulations, based on the best available scientific information--CommentsClose CommentsPermalink





(A) to specify limitations on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue; andCommentsClose CommentsPermalink





(B) to require part 121 air carriers to develop and implement fatigue risk management plans.CommentsClose CommentsPermalink





(2) MATTERS TO BE ADDRESSED- In conducting the rulemaking proceeding under this subsection, the Administrator shall consider and review the following:CommentsClose CommentsPermalink





(A) Time of day of flights in a duty period.CommentsClose CommentsPermalink





(B) Number of takeoff and landings in a duty period.CommentsClose CommentsPermalink





(C) Number of time zones crossed in a duty period.CommentsClose CommentsPermalink





(D) The impact of functioning in multiple time zones or on different daily schedules.CommentsClose CommentsPermalink





(E) Research conducted on fatigue, sleep, and circadian rhythms.CommentsClose CommentsPermalink





(F) Sleep and rest requirements recommended by the National Transportation Safety Board and the National Aeronautics and Space Administration.CommentsClose CommentsPermalink





(G) International standards regarding flight schedules and duty periods.CommentsClose CommentsPermalink





(H) Alternative procedures to facilitate alertness in the cockpit.CommentsClose CommentsPermalink





(I) Scheduling and attendance policies and practices, including sick leave.CommentsClose CommentsPermalink





(J) The effects of commuting, the means of commuting, and the length of the commute.CommentsClose CommentsPermalink





(K) Medical screening and treatment.CommentsClose CommentsPermalink





(L) Rest environments.CommentsClose CommentsPermalink





(M) Any other matters the Administrator considers appropriate.CommentsClose CommentsPermalink





(3) DEADLINES- The Administrator shall issue--CommentsClose CommentsPermalink





(A) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); andCommentsClose CommentsPermalink





(B) not later than one year after the date of enactment of this Act, a final rule under subsection (a).CommentsClose CommentsPermalink





(b) Fatigue Risk Management Plan-CommentsClose CommentsPermalink





(1) SUBMISSION OF FATIGUE RISK MANAGEMENT PLAN BY PART 121 AIR CARRIERS- Not later than 90 days after the date of enactment of this section, each part 121 air carrier shall submit to the Administrator for review and approval a fatigue risk management plan.CommentsClose CommentsPermalink





(2) CONTENTS OF PLAN- A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) Current flight time and duty period limitations.CommentsClose CommentsPermalink





(B) A rest scheme that enables the management of fatigue, including annual training to increase awareness of--CommentsClose CommentsPermalink





(i) fatigue;CommentsClose CommentsPermalink





(ii) the effects of fatigue on pilots; andCommentsClose CommentsPermalink





(iii) fatigue countermeasures.CommentsClose CommentsPermalink





(C) Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the program--CommentsClose CommentsPermalink





(i) to improve alertness; andCommentsClose CommentsPermalink





(ii) to mitigate performance errors.CommentsClose CommentsPermalink





(3) PLAN UPDATES- A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and approval.CommentsClose CommentsPermalink





(4) APPROVAL-CommentsClose CommentsPermalink





(A) INITIAL APPROVAL OR MODIFICATION- Not later than 9 months after the date of enactment of this section, the Administrator shall review and approve or require modification to fatigue risk management plans submitted under this subsection to ensure that pilots are not operating aircraft while fatigued.CommentsClose CommentsPermalink





(B) UPDATE APPROVAL OR MODIFICATION- Not later than 9 months after submission of a plan update under paragraph (3), the Administrator shall review and approve or require modification to such update.CommentsClose CommentsPermalink





(5) CIVIL PENALTIES- A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.CommentsClose CommentsPermalink





(6) LIMITATION ON APPLICABILITY- The requirements of this subsection shall cease to apply to a part 121 air carrier on and after the effective date of the regulations to be issued under subsection (a).CommentsClose CommentsPermalink





(c) Effect of Commuting on Fatigue-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings to the Administrator.CommentsClose CommentsPermalink





(2) STUDY- In conducting the study, the National Academy of Sciences shall consider--CommentsClose CommentsPermalink





(A) the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who commute;CommentsClose CommentsPermalink





(B) information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;CommentsClose CommentsPermalink





(C) research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;CommentsClose CommentsPermalink





(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and sick leave and fatigue policies;CommentsClose CommentsPermalink





(E) post-conference materials from the Federal Aviation Administration’s June 2008 symposium entitled ‘Aviation Fatigue Management Symposium: Partnerships for Solutions’;CommentsClose CommentsPermalink





(F) Federal Aviation Administration and international policies and guidance regarding commuting; andCommentsClose CommentsPermalink





(G) any other matters as the Administrator considers appropriate.CommentsClose CommentsPermalink





(3) PRELIMINARY FINDINGS- Not later than 90 days after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator its preliminary findings under the study.CommentsClose CommentsPermalink





(4) REPORT- Not later than 6 months after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator a report containing its findings under the study and any recommendations for regulatory or administrative actions by the Federal Aviation Administration concerning commuting by pilots.CommentsClose CommentsPermalink





(5) RULEMAKING- Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall--CommentsClose CommentsPermalink





(A) consider the findings and recommendations in the report; andCommentsClose CommentsPermalink





(B) update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.CommentsClose CommentsPermalink





(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink

SEC. 18. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE MANAGEMENT TECHNIQUES.

(a) Study- The Administrator of the Federal Aviation Administration shall conduct a study on aviation industry best practices with regard to flight crewmember pairing and crew resource management techniques.CommentsClose CommentsPermalink





(b) Report- Not later than one year after the date of enactment of this Act, the Administrator 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 the study.CommentsClose CommentsPermalink

Passed the House of Representatives October 14, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

1st Session

H. R. 3371

AN ACT

To amend title 49, United States Code, to improve airline safety and pilot training, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink