I 

111TH CONGRESS 

2D SESSION H. R. 5900 

To amend the Internal Revenue Code of 1986 to extend the funding and 

expenditure authority of the Airport and Airway Trust Fund, to amend 

title 49, United States Code, to extend airport improvement program 

project grant authority and to improve airline safety, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2010 

Mr. OBERSTAR (for himself, Mr. LEVIN, Mr. MICA, Mr. COSTELLO, and Mr. 

PETRI) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

the funding and expenditure authority of the Airport 

and Airway Trust Fund, to amend title 49, United 

States Code, to extend airport improvement program 

project grant authority and to improve airline safety, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Airline Safety and 

3 Federal Aviation Administration Extension Act of 2010’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AIRPORT AND AIRWAY EXTENSION 

Sec. 101. Extension of taxes funding Airport and Airway Trust Fund. 

Sec. 102. Extension of Airport and Airway Trust Fund expenditure authority. 

Sec. 103. Extension of airport improvement program. 

Sec. 104. Extension of expiring authorities. 

Sec. 105. Federal Aviation Administration operations. 

Sec. 106. Air navigation facilities and equipment. 

Sec. 107. Research, engineering, and development. 

TITLE II—AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT 

Sec. 201. Definitions. 

Sec. 202. Secretary of Transportation responses to safety recommendations. 

Sec. 203. FAA pilot records database. 

Sec. 204. FAA Task Force on Air Carrier Safety and Pilot Training. 

Sec. 205. Aviation safety inspectors and operational research analysts. 

Sec. 206. Flight crewmember mentoring, professional development, and leadership. 

Sec. 207. Flight crewmember pairing and crew resource management techniques. 

Sec. 208. Implementation of NTSB flight crewmember training recommendations. 

Sec. 209. FAA rulemaking on training programs. 

Sec. 210. Disclosure of air carriers operating flights for tickets sold for air 

transportation. 

Sec. 211. Safety inspections of regional air carriers. 

Sec. 212. Pilot fatigue. 

Sec. 213. Voluntary safety programs. 

Sec. 214. ASAP and FOQA implementation plan. 

Sec. 215. Safety management systems. 

Sec. 216. Flight crewmember screening and qualifications. 

Sec. 217. Airline transport pilot certification. 


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1 TITLE I—AIRPORT AND AIRWAY 

2 EXTENSION 

3 SEC. 101. EXTENSION OF TAXES FUNDING AIRPORT AND 

4 AIRWAY TRUST FUND. 

5 (a) FUEL TAXES.—Subparagraph (B) of section 

6 4081(d)(2) of the Internal Revenue Code of 1986 is 

7 amended by striking ‘‘August 1, 2010’’ and inserting 

8 ‘‘September 30, 2010’’. 

9 (b) TICKET TAXES.— 

10 (1) PERSONS.—Clause (ii) of section 

11 4261(j)(1)(A) of the Internal Revenue Code of 1986 

12 is amended by striking ‘‘August 1, 2010’’ and in13 serting ‘‘September 30, 2010’’. 

14 (2) PROPERTY.—Clause (ii) of section 

15 4271(d)(1)(A) of such Code is amended by striking 

16 ‘‘August 1, 2010’’ and inserting ‘‘September 30, 

17 2010’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on August 2, 2010. 

20 SEC. 102. EXTENSION OF AIRPORT AND AIRWAY TRUST 

21 FUND EXPENDITURE AUTHORITY. 

22 (a) IN GENERAL.—Paragraph (1) of section 9502(d) 

23 of the Internal Revenue Code of 1986 is amended— 

24 (1) by striking ‘‘August 2, 2010’’ and inserting 

25 ‘‘October 1, 2010’’; and 


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1 (2) by inserting ‘‘or the Airline Safety and Fed2 eral Aviation Administration Extension Act of 2010’’ 

3 before the semicolon at the end of subparagraph (A). 

4 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

5 section 9502(e) of such Code is amended by striking ‘‘Au6 gust 2, 2010’’ and inserting ‘‘October 1, 2010’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on August 2, 2010. 

9 SEC. 103. EXTENSION OF AIRPORT IMPROVEMENT PRO10 GRAM. 

11 Section 47104(c) of title 49, United States Code, is 

12 amended by striking ‘‘August 1, 2010,’’ and inserting 

13 ‘‘September 30, 2010,’’. 

14 SEC. 104. EXTENSION OF EXPIRING AUTHORITIES. 

15 (a) Section 40117(l)(7) of title 49, United States 

16 Code, is amended by striking ‘‘August 2, 2010.’’ and in17 serting ‘‘October 1, 2010.’’. 

18 (b) Section 44302(f)(1) of such title is amended— 

19 (1) by striking ‘‘August 1, 2010,’’ and inserting 

20 ‘‘September 30, 2010,’’; and 

21 (2) by striking ‘‘October 31, 2010,’’ and insert22 ing ‘‘December 31, 2010,’’. 

23 (c) Section 44303(b) of such title is amended by 

24 striking ‘‘October 31, 2010,’’ and inserting ‘‘December 31, 

25 2010,’’. 


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1 (d) Section 47107(s)(3) of such title is amended by 

2 striking ‘‘August 2, 2010.’’ and inserting ‘‘October 1, 

3 2010.’’. 

4 (e) Section 47115(j) of such title is amended by strik5 ing ‘‘fiscal years 2004 through 2009, and for the portion 

6 of fiscal year 2010 ending before August 2, 2010,’’ and 

7 inserting ‘‘fiscal years 2004 through 2010,’’. 

8 (f) Section 47141(f) of such title is amended by strik9 ing ‘‘August 1, 2010.’’ and inserting ‘‘September 30, 

10 2010.’’. 

11 (g) Section 49108 of such title is amended by striking 

12 ‘‘August 1, 2010,’’ and inserting ‘‘September 30, 2010,’’. 

13 (h) Section 161 of the Vision 100—Century of Avia14 tion Reauthorization Act (49 U.S.C. 47109 note) is 

15 amended by striking ‘‘fiscal year 2009, or in the portion 

16 of fiscal year 2010 ending before August 2, 2010,’’ and 

17 inserting ‘‘fiscal year 2009 or 2010’’. 

18 (i) Section 186(d) of such Act (117 Stat. 2518) is 

19 amended by striking ‘‘October 1, 2009, and for the portion 

20 of fiscal year 2010 ending before August 2, 2010,’’ and 

21 inserting ‘‘October 1, 2010,’’. 

22 (j) The amendments made by this section shall take 

23 effect on August 2, 2010. 


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1 SEC. 105. FEDERAL AVIATION ADMINISTRATION OPER2 ATIONS. 

3 Section 106(k)(1)(F) of title 49, United States Code, 

4 is amended to read as follows: 

5 ‘‘(F) $9,350,028,000 for fiscal year 

6 2010.’’. 

7 SEC. 106. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

8 Section 48101(a)(6) of title 49, United States Code, 

9 is amended to read as follows: 

10 ‘‘(6) $2,936,203,000 for fiscal year 2010.’’. 

11 SEC. 107. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

12 Section 48102(a)(14) of title 49, United States Code, 

13 is amended to read as follows: 

14 ‘‘(14) $190,500,000 for fiscal year 2010.’’. 

15 TITLE II—AIRLINE SAFETY AND 

16 PILOT TRAINING IMPROVEMENT 

17 SEC. 201. DEFINITIONS. 

18 (a) DEFINITIONS.—In this title, the following defini19 tions apply: 

20 (1) ADVANCED QUALIFICATION PROGRAM.—The 

21 term ‘‘advanced qualification program’’ means the 

22 program established by the Federal Aviation Admin23 istration in Advisory Circular 120–54A, dated June 

24 23, 2006, including any subsequent revisions there25 to. 


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1 (2) AIR CARRIER.—The term ‘‘air carrier’’ has 

2 the meaning given that term in section 40102 of 

3 title 49, United States Code. 

4 (3) AVIATION SAFETY ACTION PROGRAM.—The 

5 term ‘‘aviation safety action program’’ means the 

6 program established by the Federal Aviation Admin7 istration in Advisory Circular 120–66B, dated No8 vember 15, 2002, including any subsequent revisions 

9 thereto. 

10 (4) FLIGHT CREWMEMBER.—The term ‘‘flight 

11 crewmember’’ has the meaning given the term 

12 ‘‘flightcrew member’’ in part 1 of title 14, Code of 

13 Federal Regulations. 

14 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

15 PROGRAM.—The term ‘‘flight operational quality as16 surance program’’ means the program established by 

17 the Federal Aviation Administration in Advisory Cir18 cular 120–82, dated April 12, 2004, including any 

19 subsequent revisions thereto. 

20 (6) LINE OPERATIONS SAFETY AUDIT.—The 

21 term ‘‘line operations safety audit’’ means the proce22 dure referenced by the Federal Aviation Administra23 tion in Advisory Circular 120–90, dated April 27, 

24 2006, including any subsequent revisions thereto. 


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1 (7) PART 121 AIR CARRIER.—The term ‘‘part 

2 121 air carrier’’ means an air carrier that holds a 

3 certificate issued under part 121 of title 14, Code of 

4 Federal Regulations. 

5 (8) PART 135 AIR CARRIER.—The term ‘‘part 

6 135 air carrier’’ means an air carrier that holds a 

7 certificate issued under part 135 of title 14, Code of 

8 Federal Regulations. 

9 SEC. 202. SECRETARY OF TRANSPORTATION RESPONSES 

10 TO SAFETY RECOMMENDATIONS. 

11 (a) IN GENERAL.—The first sentence of section 

12 1135(a) is amended by inserting ‘‘to the Board’’ after 

13 ‘‘shall give’’. 

14 (b) AIR CARRIER SAFETY RECOMMENDATIONS.— 

15 Section 1135 is amended— 

16 (1) by redesignating subsection (d) as sub17 section (e); and 

18 (2) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) ANNUAL REPORT ON AIR CARRIER SAFETY

21 RECOMMENDATIONS.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall submit 

23 to Congress and the Board, on an annual basis, a 

24 report on the recommendations made by the Board 

25 to the Secretary regarding air carrier operations 


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1 conducted under part 121 of title 14, Code of Fed2 eral Regulations. 

3 ‘‘(2) RECOMMENDATIONS TO BE COVERED.— 

4 The report shall cover— 

5 ‘‘(A) any recommendation for which the 

6 Secretary has developed, or intends to develop, 

7 procedures to adopt the recommendation or 

8 part of the recommendation, but has yet to 

9 complete the procedures; and 

10 ‘‘(B) any recommendation for which the 

11 Secretary, in the preceding year, has issued a 

12 response under subsection (a)(2) or (a)(3) re13 fusing to carry out all or part of the procedures 

14 to adopt the recommendation. 

15 ‘‘(3) CONTENTS.— 

16 ‘‘(A) PLANS TO ADOPT RECOMMENDA17 TIONS.—For each recommendation of the 

18 Board described in paragraph (2)(A), the report 

19 shall contain— 

20 ‘‘(i) a description of the recommenda21 tion; 

22 ‘‘(ii) a description of the procedures 

23 planned for adopting the recommendation 

24 or part of the recommendation; 


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1 ‘‘(iii) the proposed date for completing 

2 the procedures; and 

3 ‘‘(iv) if the Secretary has not met a 

4 deadline contained in a proposed timeline 

5 developed in connection with the rec6 ommendation under subsection (b), an ex7 planation for not meeting the deadline. 

8 ‘‘(B) REFUSALS TO ADOPT RECOMMENDA9 TIONS.—For each recommendation of the 

10 Board described in paragraph (2)(B), the re11 port shall contain— 

12 ‘‘(i) a description of the recommenda13 tion; and 

14 ‘‘(ii) a description of the reasons for 

15 the refusal to carry out all or part of the 

16 procedures to adopt the recommendation.’’. 

17 SEC. 203. FAA PILOT RECORDS DATABASE. 

18 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI19 CANTS.—Section 44703(h) of title 49, United States Code, 

20 is amended by adding at the end the following: 

21 ‘‘(16) APPLICABILITY.—This subsection shall 

22 cease to be effective on the date specified in regula23 tions issued under subsection (i).’’. 

24 (b) ESTABLISHMENT OF FAA PILOT RECORDS

25 DATABASE.—Section 44703 of such title is amended— 


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1 (1) by redesignating subsections (i) and (j) as 

2 subsections (j) and (k), respectively; and 

3 (2) by inserting after subsection (h) the fol4 lowing: 

5 ‘‘(i) FAA PILOT RECORDS DATABASE.— 

6 ‘‘(1) IN GENERAL.—Before allowing an indi7 vidual to begin service as a pilot, an air carrier shall 

8 access and evaluate, in accordance with the require9 ments of this subsection, information pertaining to 

10 the individual from the pilot records database estab11 lished under paragraph (2). 

12 ‘‘(2) PILOT RECORDS DATABASE.—The Admin13 istrator shall establish an electronic database (in this 

14 subsection referred to as the ‘database’) containing 

15 the following records: 

16 ‘‘(A) FAA RECORDS.—From the Adminis17 trator— 

18 ‘‘(i) records that are maintained by 

19 the Administrator concerning current air20 man certificates, including airman medical 

21 certificates and associated type ratings and 

22 information on any limitations to those 

23 certificates and ratings; 

24 ‘‘(ii) records that are maintained by 

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1 tempt of an individual to pass a practical 

2 test required to obtain a certificate or type 

3 rating under part 61 of title 14, Code of 

4 Federal Regulations; and 

5 ‘‘(iii) summaries of legal enforcement 

6 actions resulting in a finding by the Ad7 ministrator of a violation of this title or a 

8 regulation prescribed or order issued under 

9 this title that was not subsequently over10 turned. 

11 ‘‘(B) AIR CARRIER AND OTHER

12 RECORDS.—From any air carrier or other per13 son (except a branch of the Armed Forces, the 

14 National Guard, or a reserve component of the 

15 Armed Forces) that has employed an individual 

16 as a pilot of a civil or public aircraft, or from 

17 the trustee in bankruptcy for the air carrier or 

18 person— 

19 ‘‘(i) records pertaining to the indi20 vidual that are maintained by the air car21 rier (other than records relating to flight 

22 time, duty time, or rest time) or person, 

23 including records under regulations set 

24 forth in— 


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1 ‘‘(I) section 121.683 of title 14, 

2 Code of Federal Regulations; 

3 ‘‘(II) section 121.111(a) of such 

4 title; 

5 ‘‘(III) section 121.219(a) of such 

6 title; 

7 ‘‘(IV) section 125.401 of such 

8 title; and 

9 ‘‘(V) section 135.63(a)(4) of such 

10 title; and 

11 ‘‘(ii) other records pertaining to the 

12 individual’s performance as a pilot that are 

13 maintained by the air carrier or person 

14 concerning— 

15 ‘‘(I) the training, qualifications, 

16 proficiency, or professional com17 petence of the individual, including 

18 comments and evaluations made by a 

19 check airman designated in accord20 ance with section 121.411, 125.295, 

21 or 135.337 of such title; 

22 ‘‘(II) any disciplinary action 

23 taken with respect to the individual 

24 that was not subsequently overturned; 

25 and 


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1 ‘‘(III) any release from employ2 ment or resignation, termination, or 

3 disqualification with respect to em4 ployment. 

5 ‘‘(C) NATIONAL DRIVER REGISTER

6 RECORDS.—In accordance with section 

7 30305(b)(8) of this title, from the chief driver 

8 licensing official of a State, information con9 cerning the motor vehicle driving record of the 

10 individual. 

11 ‘‘(3) WRITTEN CONSENT; RELEASE FROM LI12 ABILITY.—An air carrier— 

13 ‘‘(A) shall obtain the written consent of an 

14 individual before accessing records pertaining to 

15 the individual under paragraph (1); and 

16 ‘‘(B) may, notwithstanding any other pro17 vision of law or agreement to the contrary, re18 quire an individual with respect to whom the 

19 carrier is accessing records under paragraph (1) 

20 to execute a release from liability for any claim 

21 arising from accessing the records or the use of 

22 such records by the air carrier in accordance 

23 with this section (other than a claim arising 

24 from furnishing information known to be false 


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1 and maintained in violation of a criminal stat2 ute). 

3 ‘‘(4) REPORTING.— 

4 ‘‘(A) REPORTING BY ADMINISTRATOR.— 

5 The Administrator shall enter data described in 

6 paragraph (2)(A) into the database promptly to 

7 ensure that an individual’s records are current. 

8 ‘‘(B) REPORTING BY AIR CARRIERS AND

9 OTHER PERSONS.— 

10 ‘‘(i) IN GENERAL.—Air carriers and 

11 other persons shall report data described 

12 in paragraphs (2)(B) and (2)(C) to the 

13 Administrator promptly for entry into the 

14 database. 

15 ‘‘(ii) DATA TO BE REPORTED.—Air 

16 carriers and other persons shall report, at 

17 a minimum, under clause (i) the following 

18 data described in paragraph (2)(B): 

19 ‘‘(I) Records that are generated 

20 by the air carrier or other person 

21 after the date of enactment of this 

22 paragraph. 

23 ‘‘(II) Records that the air carrier 

24 or other person is maintaining, on 


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1 such date of enactment, pursuant to 

2 subsection (h)(4). 

3 ‘‘(5) REQUIREMENT TO MAINTAIN RECORDS.— 

4 The Administrator— 

5 ‘‘(A) shall maintain all records entered into 

6 the database under paragraph (2) pertaining to 

7 an individual until the date of receipt of notifi8 cation that the individual is deceased; and 

9 ‘‘(B) may remove the individual’s records 

10 from the database after that date. 

11 ‘‘(6) RECEIPT OF CONSENT.—The Adminis12 trator shall not permit an air carrier to access 

13 records pertaining to an individual from the data14 base under paragraph (1) without the air carrier 

15 first demonstrating to the satisfaction of the Admin16 istrator that the air carrier has obtained the written 

17 consent of the individual. 

18 ‘‘(7) RIGHT OF PILOT TO REVIEW CERTAIN

19 RECORDS AND CORRECT INACCURACIES.—Notwith20 standing any other provision of law or agreement, 

21 the Administrator, upon receipt of written request 

22 from an individual— 

23 ‘‘(A) shall make available, not later than 

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1 dividual for review all records referred to in 

2 paragraph (2) pertaining to the individual; and 

3 ‘‘(B) shall provide the individual with a 

4 reasonable opportunity to submit written com5 ments to correct any inaccuracies contained in 

6 the records. 

7 ‘‘(8) REASONABLE CHARGES FOR PROCESSING

8 REQUESTS AND FURNISHING COPIES.— 

9 ‘‘(A) IN GENERAL.—The Administrator 

10 may establish a reasonable charge for the cost 

11 of processing a request under paragraph (1) or 

12 (7) and for the cost of furnishing copies of re13 quested records under paragraph (7). 

14 ‘‘(B) CREDITING APPROPRIATIONS.— 

15 Funds received by the Administrator pursuant 

16 to this paragraph shall— 

17 ‘‘(i) be credited to the appropriation 

18 current when the amount is received; 

19 ‘‘(ii) be merged with and available for 

20 the purposes of such appropriation; and 

21 ‘‘(iii) remain available until expended. 

22 ‘‘(9) PRIVACY PROTECTIONS.— 

23 ‘‘(A) USE OF RECORDS.—An air carrier 

24 that accesses records pertaining to an individual 

25 under paragraph (1) may use the records only 


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1 to assess the qualifications of the individual in 

2 deciding whether or not to hire the individual as 

3 a pilot. The air carrier shall take such actions 

4 as may be necessary to protect the privacy of 

5 the individual and the confidentiality of the 

6 records accessed, including ensuring that infor7 mation contained in the records is not divulged 

8 to any individual that is not directly involved in 

9 the hiring decision. 

10 ‘‘(B) DISCLOSURE OF INFORMATION.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided by clause (ii), information collected 

13 by the Administrator under paragraph (2) 

14 shall be exempt from the disclosure re15 quirements of section 552 of title 5. 

16 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

17 not apply to— 

18 ‘‘(I) deidentified, summarized in19 formation to explain the need for 

20 changes in policies and regulations; 

21 ‘‘(II) information to correct a 

22 condition that compromises safety; 

23 ‘‘(III) information to carry out a 

24 criminal investigation or prosecution; 


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1 ‘‘(IV) information to comply with 

2 section 44905, regarding information 

3 about threats to civil aviation; and 

4 ‘‘(V) such information as the Ad5 ministrator determines necessary, if 

6 withholding the information would not 

7 be consistent with the safety respon8 sibilities of the Federal Aviation Ad9 ministration. 

10 ‘‘(10) PERIODIC REVIEW.—Not later than 18 

11 months after the date of enactment of this para12 graph, and at least once every 3 years thereafter, 

13 the Administrator shall transmit to Congress a 

14 statement that contains, taking into account recent 

15 developments in the aviation industry— 

16 ‘‘(A) recommendations by the Adminis17 trator concerning proposed changes to Federal 

18 Aviation Administration records, air carrier 

19 records, and other records required to be in20 cluded in the database under paragraph (2); or 

21 ‘‘(B) reasons why the Administrator does 

22 not recommend any proposed changes to the 

23 records referred to in subparagraph (A). 


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1 ‘‘(11) REGULATIONS FOR PROTECTION AND SE2 CURITY OF RECORDS.—The Administrator shall pre3 scribe such regulations as may be necessary— 

4 ‘‘(A) to protect and secure— 

5 ‘‘(i) the personal privacy of any indi6 vidual whose records are accessed under 

7 paragraph (1); and 

8 ‘‘(ii) the confidentiality of those 

9 records; and 

10 ‘‘(B) to preclude the further dissemination 

11 of records received under paragraph (1) by the 

12 person who accessed the records. 

13 ‘‘(12) GOOD FAITH EXCEPTION.—Notwith14 standing paragraph (1), an air carrier may allow an 

15 individual to begin service as a pilot, without first 

16 obtaining information described in paragraph (2)(B) 

17 from the database pertaining to the individual, if— 

18 ‘‘(A) the air carrier has made a docu19 mented good faith attempt to access the infor20 mation from the database; and 

21 ‘‘(B) the air carrier has received written 

22 notice from the Administrator that the informa23 tion is not contained in the database because 

24 the individual was employed by an air carrier or 

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1 eign government or other entity that has not 

2 provided the information to the database. 

3 ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO

4 RECORDS.— 

5 ‘‘(A) ACCESS BY INDIVIDUALS DES6 IGNATED BY AIR CARRIERS.—For the purpose 

7 of increasing timely and efficient access to 

8 records described in paragraph (2), the Admin9 istrator may allow, under terms established by 

10 the Administrator, an individual designated by 

11 an air carrier to have electronic access to the 

12 database. 

13 ‘‘(B) TERMS.—The terms established by 

14 the Administrator under subparagraph (A) for 

15 allowing a designated individual to have elec16 tronic access to the database shall limit such 

17 access to instances in which information in the 

18 database is required by the designated indi19 vidual in making a hiring decision concerning a 

20 pilot applicant and shall require that the des21 ignated individual provide assurances satisfac22 tory to the Administrator that— 

23 ‘‘(i) the designated individual has re24 ceived the written consent of the pilot ap25 plicant to access the information; and 


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1 ‘‘(ii) information obtained using such 

2 access will not be used for any purpose 

3 other than making the hiring decision. 

4 ‘‘(14) AUTHORIZED EXPENDITURES.—Of 

5 amounts appropriated under section 106(k)(1), a 

6 total of $6,000,000 for fiscal years 2010 through 

7 2013 may be used to carry out this subsection. 

8 ‘‘(15) REGULATIONS.— 

9 ‘‘(A) IN GENERAL.—The Administrator 

10 shall issue regulations to carry out this sub11 section. 

12 ‘‘(B) EFFECTIVE DATE.—The regulations 

13 shall specify the date on which the requirements 

14 of this subsection take effect and the date on 

15 which the requirements of subsection (h) cease 

16 to be effective. 

17 ‘‘(C) EXCEPTIONS.—Notwithstanding sub18 paragraph (B)— 

19 ‘‘(i) the Administrator shall begin to 

20 establish the database under paragraph (2) 

21 not later than 90 days after the date of en22 actment of this paragraph; 

23 ‘‘(ii) the Administrator shall maintain 

24 records in accordance with paragraph (5) 


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1 beginning on the date of enactment of this 

2 paragraph; and 

3 ‘‘(iii) air carriers and other persons 

4 shall maintain records to be reported to 

5 the database under paragraph (4)(B) in 

6 the period beginning on such date of enact7 ment and ending on the date that is 5 

8 years after the requirements of subsection 

9 (h) cease to be effective pursuant to sub10 paragraph (B). 

11 ‘‘(16) SPECIAL RULE.—During the one-year pe12 riod beginning on the date on which the require13 ments of this section become effective pursuant to 

14 paragraph (15)(B), paragraph (7)(A) shall be ap15 plied by substituting ‘45 days’ for ‘30 days’.’’. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) LIMITATION ON LIABILITY; PREEMPTION OF

18 STATE LAW.—Section 44703(j) (as redesignated by 

19 subsection (b)(1) of this section) is amended— 

20 (A) in the subsection heading by striking 

21 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

22 (B) in paragraph (1)— 

23 (i) in the matter preceding subpara24 graph (A) by striking ‘‘paragraph (2)’’ and 

25 inserting ‘‘subsection (h)(2) or (i)(3)’’; 


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1 (ii) in subparagraph (A) by inserting 

2 ‘‘or accessing the records of that individual 

3 under subsection (i)(1)’’ before the semi4 colon; and 

5 (iii) in the matter following subpara6 graph (D) by striking ‘‘subsection (h)’’ and 

7 inserting ‘‘subsection (h) or (i)’’; 

8 (C) in paragraph (2) by striking ‘‘sub9 section (h)’’ and inserting ‘‘subsection (h) or 

10 (i)’’; 

11 (D) in paragraph (3), in the matter pre12 ceding subparagraph (A), by inserting ‘‘or who 

13 furnished information to the database estab14 lished under subsection (i)(2)’’ after ‘‘sub15 section (h)(1)’’; and 

16 (E) by adding at the end the following: 

17 ‘‘(4) PROHIBITION ON ACTIONS AND PRO18 CEEDINGS AGAINST AIR CARRIERS.— 

19 ‘‘(A) HIRING DECISIONS.—An air carrier 

20 may refuse to hire an individual as a pilot if the 

21 individual did not provide written consent for 

22 the air carrier to receive records under sub23 section (h)(2)(A) or (i)(3)(A) or did not execute 

24 the release from liability requested under sub25 section (h)(2)(B) or (i)(3)(B). 


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1 ‘‘(B) ACTIONS AND PROCEEDINGS.—No 

2 action or proceeding may be brought against an 

3 air carrier by or on behalf of an individual who 

4 has applied for or is seeking a position as a 

5 pilot with the air carrier if the air carrier re6 fused to hire the individual after the individual 

7 did not provide written consent for the air car8 rier to receive records under subsection 

9 (h)(2)(A) or (i)(3)(A) or did not execute a re10 lease from liability requested under subsection 

11 (h)(2)(B) or (i)(3)(B).’’. 

12 (2) LIMITATION ON STATUTORY CONSTRUC13 TION.—Section 44703(k) (as redesignated by sub14 section (b)(1) of this section) is amended by striking 

15 ‘‘subsection (h)’’ and inserting ‘‘subsection (h) or 

16 (i)’’. 

17 SEC. 204. FAA TASK FORCE ON AIR CARRIER SAFETY AND 

18 PILOT TRAINING. 

19 (a) ESTABLISHMENT.—The Administrator of the 

20 Federal Aviation Administration shall establish a special 

21 task force to be known as the FAA Task Force on Air 

22 Carrier Safety and Pilot Training (in this section referred 

23 to as the ‘‘Task Force’’). 

24 (b) COMPOSITION.—The Task Force shall consist of 

25 members appointed by the Administrator and shall include 


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1 air carrier representatives, labor union representatives, 

2 and aviation safety experts with knowledge of foreign and 

3 domestic regulatory requirements for flight crewmember 

4 education and training. 

5 (c) DUTIES.—The duties of the Task Force shall in6 clude, at a minimum, evaluating best practices in the air 

7 carrier industry and providing recommendations in the fol8 lowing areas: 

9 (1) Air carrier management responsibilities for 

10 flight crewmember education and support. 

11 (2) Flight crewmember professional standards. 

12 (3) Flight crewmember training standards and 

13 performance. 

14 (4) Mentoring and information sharing between 

15 air carriers. 

16 (d) REPORT.—Not later than one year after the date 

17 of enactment of this Act, and before the last day of each 

18 one-year period thereafter until termination of the Task 

19 Force, the Task Force shall submit to the Committee on 

20 Transportation and Infrastructure of the House of Rep21 resentatives and the Committee on Commerce, Science, 

22 and Transportation of the Senate a report detailing— 

23 (1) the progress of the Task Force in identi24 fying best practices in the air carrier industry; 


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1 (2) the progress of air carriers and labor unions 

2 in implementing the best practices identified by the 

3 Task Force; 

4 (3) recommendations of the Task Force, if any, 

5 for legislative or regulatory actions; 

6 (4) the progress of air carriers and labor unions 

7 in implementing training-related, nonregulatory ac8 tions recommended by the Administrator; and 

9 (5) the progress of air carriers in developing 

10 specific programs to share safety data and ensure 

11 implementation of the most effective safety prac12 tices. 

13 (e) TERMINATION.—The Task Force shall terminate 

14 on September 30, 2012. 

15 (f) APPLICABILITY OF FEDERAL ADVISORY COM16 MITTEE ACT.—The Federal Advisory Committee Act (5 

17 U.S.C. App.) shall not apply to the Task Force. 

18 SEC. 205. AVIATION SAFETY INSPECTORS AND OPER19 ATIONAL RESEARCH ANALYSTS. 

20 (a) REVIEW BY DOT INSPECTOR GENERAL.—Not 

21 later than 9 months after the date of enactment of this 

22 Act, the Inspector General of the Department of Trans23 portation shall conduct a review of the aviation safety in24 spectors and operational research analysts of the Federal 

25 Aviation Administration assigned to part 121 air carriers 


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1 and submit to the Administrator of the Federal Aviation 

2 Administration a report on the results of the review. 

3 (b) PURPOSES.—The purpose of the review shall be, 

4 at a minimum— 

5 (1) to review the level of the Administration’s 

6 oversight of each part 121 air carrier; 

7 (2) to make recommendations to ensure that 

8 each part 121 air carrier is receiving an equivalent 

9 level of oversight; 

10 (3) to assess the number and level of experience 

11 of aviation safety inspectors assigned to each part 

12 121 air carrier; 

13 (4) to evaluate how the Administration is mak14 ing assignments of aviation safety inspectors to each 

15 part 121 air carrier; 

16 (5) to review various safety inspector oversight 

17 programs, including the geographic inspector pro18 gram; 

19 (6) to evaluate the adequacy of the number of 

20 operational research analysts assigned to each part 

21 121 air carrier; 

22 (7) to evaluate the surveillance responsibilities 

23 of aviation safety inspectors, including en route in24 spections; 


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1 (8) to evaluate whether inspectors are able to 

2 effectively use data sources, such as the Safety Per3 formance Analysis System and the Air Transpor4 tation Oversight System, to assist in targeting over5 sight of each part 121 air carrier; 

6 (9) to assess the feasibility of establishment by 

7 the Administration of a comprehensive repository of 

8 information that encompasses multiple Administra9 tion data sources and allows access by aviation safe10 ty inspectors and operational research analysts to 

11 assist in the oversight of each part 121 air carrier; 

12 and 

13 (10) to conduct such other analyses as the In14 spector General considers relevant to the review. 

15 SEC. 206. FLIGHT CREWMEMBER MENTORING, PROFES16 SIONAL DEVELOPMENT, AND LEADERSHIP. 

17 (a) AVIATION RULEMAKING COMMITTEE.— 

18 (1) IN GENERAL.—The Administrator of the 

19 Federal Aviation Administration shall convene an 

20 aviation rulemaking committee to develop procedures 

21 for each part 121 air carrier to take the following 

22 actions: 

23 (A) Establish flight crewmember men24 toring programs under which the air carrier will 

25 pair highly experienced flight crewmembers who 


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1 will serve as mentor pilots and be paired with 

2 newly employed flight crewmembers. Mentor pi3 lots should be provided, at a minimum, specific 

4 instruction on techniques for instilling and rein5 forcing the highest standards of technical per6 formance, airmanship, and professionalism in 

7 newly employed flight crewmembers. 

8 (B) Establish flight crewmember profes9 sional development committees made up of air 

10 carrier management and labor union or profes11 sional association representatives to develop, ad12 minister, and oversee formal mentoring pro13 grams of the carrier to assist flight crew14 members to reach their maximum potential as 

15 safe, seasoned, and proficient flight crew16 members. 

17 (C) Establish or modify training programs 

18 to accommodate substantially different levels 

19 and types of flight experience by newly em20 ployed flight crewmembers. 

21 (D) Establish or modify training programs 

22 for second-in-command flight crewmembers at23 tempting to qualify as pilot-in-command flight 

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1 craft type and ensure that such programs in2 clude leadership and command training. 

3 (E) Ensure that recurrent training for pi4 lots in command includes leadership and com5 mand training. 

6 (F) Such other actions as the aviation 

7 rulemaking committee determines appropriate 

8 to enhance flight crewmember professional de9 velopment. 

10 (2) COMPLIANCE WITH STERILE COCKPIT

11 RULE.—Leadership and command training described 

12 in paragraphs (1)(D) and (1)(E) shall include in13 struction on compliance with flight crewmember du14 ties under part 121.542 of title 14, Code of Federal 

15 Regulations. 

16 (3) STREAMLINED PROGRAM REVIEW.— 

17 (A) IN GENERAL.—As part of the rule18 making required by subsection (b), the Admin19 istrator shall establish a streamlined review 

20 process for part 121 air carriers that have in 

21 effect, as of the date of enactment of this Act, 

22 the programs described in paragraph (1). 

23 (B) EXPEDITED APPROVALS.—Under the 

24 streamlined review process, the Administrator 

25 shall— 


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1 (i) review the programs of such part 

2 121 air carriers to determine whether the 

3 programs meet the requirements set forth 

4 in the final rule referred to in subsection 

5 (b)(2); and 

6 (ii) expedite the approval of the pro7 grams that the Administrator determines 

8 meet such requirements. 

9 (b) RULEMAKING.—The Administrator shall issue— 

10 (1) not later than one year after the date of en11 actment of this Act, a notice of proposed rulemaking 

12 based on the recommendations of the aviation rule13 making committee convened under subsection (a); 

14 and 

15 (2) not later than 36 months after such date of 

16 enactment, a final rule based on such recommenda17 tions. 

18 SEC. 207. FLIGHT CREWMEMBER PAIRING AND CREW RE19 SOURCE MANAGEMENT TECHNIQUES. 

20 (a) STUDY.—The Administrator of the Federal Avia21 tion Administration shall conduct a study on aviation in22 dustry best practices with regard to flight crewmember 

23 pairing, crew resource management techniques, and pilot 

24 commuting. 


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1 (b) REPORT.—Not later than one year after the date 

2 of enactment of this Act, the Administrator shall submit 

3 to the Committee on Transportation and Infrastructure 

4 of the House of Representatives and the Committee on 

5 Commerce, Science, and Transportation of the Senate a 

6 report on the results of the study. 

7 SEC. 208. IMPLEMENTATION OF NTSB FLIGHT CREW8 MEMBER TRAINING RECOMMENDATIONS. 

9 (a) RULEMAKING PROCEEDINGS.— 

10 (1) STALL AND UPSET RECOGNITION AND RE11 COVERY TRAINING.—The Administrator of the Fed12 eral Aviation Administration shall conduct a rule13 making proceeding to require part 121 air carriers 

14 to provide flight crewmembers with ground training 

15 and flight training or flight simulator training— 

16 (A) to recognize and avoid a stall of an 

17 aircraft or, if not avoided, to recover from the 

18 stall; and 

19 (B) to recognize and avoid an upset of an 

20 aircraft or, if not avoided, to execute such tech21 niques as available data indicate are appro22 priate to recover from the upset in a given 

23 make, model, and series of aircraft. 

24 (2) REMEDIAL TRAINING PROGRAMS.—The Ad25 ministrator shall conduct a rulemaking proceeding to 


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1 require part 121 air carriers to establish remedial 

2 training programs for flight crewmembers who have 

3 demonstrated performance deficiencies or experi4 enced failures in the training environment. 

5 (3) DEADLINES.—The Administrator shall— 

6 (A) not later than one year after the date 

7 of enactment of this Act, issue a notice of pro8 posed rulemaking under each of paragraphs (1) 

9 and (2); and 

10 (B) not later than 36 months after the 

11 date of enactment of this Act, issue a final rule 

12 for the rulemaking under each of paragraphs 

13 (1) and (2). 

14 (b) STICK PUSHER TRAINING AND WEATHER EVENT

15 TRAINING.— 

16 (1) MULTIDISCIPLINARY PANEL.—Not later 

17 than 120 days after the date of enactment of this 

18 Act, the Administrator shall convene a multidisci19 plinary panel of specialists in aircraft operations, 

20 flight crewmember training, human factors, and 

21 aviation safety to study and submit to the Adminis22 trator a report on methods to increase the famili23 arity of flight crewmembers with, and improve the 

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1 tems, icing conditions, and microburst and 

2 windshear weather events. 

3 (2) REPORT TO CONGRESS AND NTSB.—Not 

4 later than one year after the date on which the Ad5 ministrator convenes the panel, the Administrator 

6 shall— 

7 (A) submit to the Committee on Transpor8 tation and Infrastructure of the House of Rep9 resentatives, the Committee on Commerce, 

10 Science, and Transportation of the Senate, and 

11 the National Transportation Safety Board a re12 port based on the findings of the panel; and 

13 (B) with respect to stick pusher systems, 

14 initiate appropriate actions to implement the 

15 recommendations of the panel. 

16 (c) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) FLIGHT TRAINING AND FLIGHT SIMU19 LATOR.—The terms ‘‘flight training’’ and ‘‘flight 

20 simulator’’ have the meanings given those terms in 

21 part 61.1 of title 14, Code of Federal Regulations 

22 (or any successor regulation). 

23 (2) STALL.—The term ‘‘stall’’ means an aero24 dynamic loss of lift caused by exceeding the critical 

25 angle of attack. 


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1 (3) STICK PUSHER.—The term ‘‘stick pusher’’ 

2 means a device that, at or near a stall, applies a 

3 nose down pitch force to an aircraft’s control col4 umns to attempt to decrease the aircraft’s angle of 

5 attack. 

6 (4) UPSET.—The term ‘‘upset’’ means an un7 usual aircraft attitude. 

8 SEC. 209. FAA RULEMAKING ON TRAINING PROGRAMS. 

9 (a) COMPLETION OF RULEMAKING ON TRAINING

10 PROGRAMS.—Not later than 14 months after the date of 

11 enactment of this Act, the Administrator of the Federal 

12 Aviation Administration shall issue a final rule with re13 spect to the notice of proposed rulemaking published in 

14 the Federal Register on January 12, 2009 (74 Fed. Reg. 

15 1280; relating to training programs for flight crew16 members and aircraft dispatchers). 

17 (b) EXPERT PANEL TO REVIEW PART 121 AND PART

18 135 TRAINING HOURS.— 

19 (1) ESTABLISHMENT.—Not later than 60 days 

20 after the date of enactment of this Act, the Adminis21 trator shall convene a multidisciplinary expert panel 

22 comprised of, at a minimum, air carrier representa23 tives, training facility representatives, instructional 

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1 nization representatives, and labor union representa2 tives. 

3 (2) ASSESSMENT AND RECOMMENDATIONS.— 

4 The panel shall assess and make recommendations 

5 concerning— 

6 (A) the best methods and optimal time 

7 needed for flight crewmembers of part 121 air 

8 carriers and flight crewmembers of part 135 air 

9 carriers to master aircraft systems, maneuvers, 

10 procedures, takeoffs and landings, and crew co11 ordination; 

12 (B) initial and recurrent testing require13 ments for pilots, including the rigor and con14 sistency of testing programs such as check 

15 rides; 

16 (C) the optimal length of time between 

17 training events for such flight crewmembers, in18 cluding recurrent training events; 

19 (D) the best methods reliably to evaluate 

20 mastery by such flight crewmembers of aircraft 

21 systems, maneuvers, procedures, takeoffs and 

22 landings, and crew coordination; 

23 (E) classroom instruction requirements 

24 governing curriculum content and hours of in25 struction; 


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1 (F) the best methods to allow specific aca2 demic training courses to be credited toward 

3 the total flight hours required to receive an air4 line transport pilot certificate; and 

5 (G) crew leadership training. 

6 (3) BEST PRACTICES.—In making recommenda7 tions under subsection (b)(2), the panel shall con8 sider, if appropriate, best practices in the aviation 

9 industry with respect to training protocols, methods, 

10 and procedures. 

11 (4) REPORT.—Not later than one year after the 

12 date of enactment of this Act, the Administrator 

13 shall submit to the Committee on Transportation 

14 and Infrastructure of the House of Representatives, 

15 the Committee on Commerce, Science, and Trans16 portation of the Senate, and the National Transpor17 tation Safety Board a report based on the findings 

18 of the panel. 

19 SEC. 210. DISCLOSURE OF AIR CARRIERS OPERATING 

20 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS21 PORTATION. 

22 Section 41712 of title 49, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

25 TICKETS FOR FLIGHTS.— 


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1 ‘‘(1) IN GENERAL.—It shall be an unfair or de2 ceptive practice under subsection (a) for any ticket 

3 agent, air carrier, foreign air carrier, or other person 

4 offering to sell tickets for air transportation on a 

5 flight of an air carrier to fail to disclose, whether 

6 verbally in oral communication or in writing in writ7 ten or electronic communication, prior to the pur8 chase of a ticket— 

9 ‘‘(A) the name of the air carrier providing 

10 the air transportation; and 

11 ‘‘(B) if the flight has more than one flight 

12 segment, the name of each air carrier providing 

13 the air transportation for each such flight seg14 ment. 

15 ‘‘(2) INTERNET OFFERS.—In the case of an 

16 offer to sell tickets described in paragraph (1) on an 

17 Internet Web site, disclosure of the information re18 quired by paragraph (1) shall be provided on the 

19 first display of the Web site following a search of a 

20 requested itinerary in a format that is easily visible 

21 to a viewer.’’. 

22 SEC. 211. SAFETY INSPECTIONS OF REGIONAL AIR CAR23 RIERS. 

24 The Administrator of the Federal Aviation Adminis25 tration shall perform, not less frequently than once each 


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1 year, random, onsite inspections of air carriers that pro2 vide air transportation pursuant to a contract with a part 

3 121 air carrier to ensure that such air carriers are com4 plying with all applicable safety standards of the Adminis5 tration. 

6 SEC. 212. PILOT FATIGUE. 

7 (a) FLIGHT AND DUTY TIME REGULATIONS.— 

8 (1) IN GENERAL.—In accordance with para9 graph (3), the Administrator of the Federal Aviation 

10 Administration shall issue regulations, based on the 

11 best available scientific information, to specify limi12 tations on the hours of flight and duty time allowed 

13 for pilots to address problems relating to pilot fa14 tigue. 

15 (2) MATTERS TO BE ADDRESSED.—In con16 ducting the rulemaking proceeding under this sub17 section, the Administrator shall consider and review 

18 the following: 

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

20 (B) Number of takeoff and landings in a 

21 duty period. 

22 (C) Number of time zones crossed in a 

23 duty period. 

24 (D) The impact of functioning in multiple 

25 time zones or on different daily schedules. 


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1 (E) Research conducted on fatigue, sleep, 

2 and circadian rhythms. 

3 (F) Sleep and rest requirements rec4 ommended by the National Transportation 

5 Safety Board and the National Aeronautics and 

6 Space Administration. 

7 (G) International standards regarding 

8 flight schedules and duty periods. 

9 (H) Alternative procedures to facilitate 

10 alertness in the cockpit. 

11 (I) Scheduling and attendance policies and 

12 practices, including sick leave. 

13 (J) The effects of commuting, the means 

14 of commuting, and the length of the commute. 

15 (K) Medical screening and treatment. 

16 (L) Rest environments. 

17 (M) Any other matters the Administrator 

18 considers appropriate. 

19 (3) RULEMAKING.—The Administrator shall 

20 issue— 

21 (A) not later than 180 days after the date 

22 of enactment of this Act, a notice of proposed 

23 rulemaking under paragraph (1); and 


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1 (B) not later than one year after the date 

2 of enactment of this Act, a final rule under 

3 paragraph (1). 

4 (b) FATIGUE RISK MANAGEMENT PLAN.— 

5 (1) SUBMISSION OF FATIGUE RISK MANAGE6 MENT PLAN BY PART 121 AIR CARRIERS.—Not later 

7 than 90 days after the date of enactment of this 

8 Act, each part 121 air carrier shall submit to the 

9 Administrator for review and acceptance a fatigue 

10 risk management plan for the carrier’s pilots. 

11 (2) CONTENTS OF PLAN.—A fatigue risk man12 agement plan submitted by a part 121 air carrier 

13 under paragraph (1) shall include the following: 

14 (A) Current flight time and duty period 

15 limitations. 

16 (B) A rest scheme consistent with such 

17 limitations that enables the management of 

18 pilot fatigue, including annual training to in19 crease awareness of— 

20 (i) fatigue; 

21 (ii) the effects of fatigue on pilots; 

22 and 

23 (iii) fatigue countermeasures. 


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1 (C) Development and use of a methodology 

2 that continually assesses the effectiveness of the 

3 program, including the ability of the program— 

4 (i) to improve alertness; and 

5 (ii) to mitigate performance errors. 

6 (3) REVIEW.—Not later than 12 months after 

7 the date of enactment of this Act, the Administrator 

8 shall review and accept or reject the fatigue risk 

9 management plans submitted under this subsection. 

10 If the Administrator rejects a plan, the Adminis11 trator shall provide suggested modifications for re12 submission of the plan. 

13 (4) PLAN UPDATES.— 

14 (A) IN GENERAL.—A part 121 air carrier 

15 shall update its fatigue risk management plan 

16 under paragraph (1) every 2 years and submit 

17 the update to the Administrator for review and 

18 acceptance. 

19 (B) REVIEW.—Not later than 12 months 

20 after the date of submission of a plan update 

21 under subparagraph (A), the Administrator 

22 shall review and accept or reject the update. If 

23 the Administrator rejects an update, the Ad24 ministrator shall provide suggested modifica25 tions for resubmission of the update. 


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1 (5) COMPLIANCE.—A part 121 air carrier shall 

2 comply with the fatigue risk management plan of the 

3 air carrier that is accepted by the Administrator 

4 under this subsection. 

5 (6) CIVIL PENALTIES.—A violation of this sub6 section by a part 121 air carrier shall be treated as 

7 a violation of chapter 447 of title 49, United States 

8 Code, for purposes of the application of civil pen9 alties under chapter 463 of that title. 

10 (c) EFFECT OF COMMUTING ON FATIGUE.— 

11 (1) IN GENERAL.—Not later than 60 days after 

12 the date of enactment of this Act, the Administrator 

13 shall enter into appropriate arrangements with the 

14 National Academy of Sciences to conduct a study of 

15 the effects of commuting on pilot fatigue and report 

16 its findings to the Administrator. 

17 (2) STUDY.—In conducting the study, the Na18 tional Academy of Sciences shall consider— 

19 (A) the prevalence of pilot commuting in 

20 the commercial air carrier industry, including 

21 the number and percentage of pilots who com22 mute; 

23 (B) information relating to commuting by 

24 pilots, including distances traveled, time zones 

25 crossed, time spent, and methods used; 


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1 (C) research on the impact of commuting 

2 on pilot fatigue, sleep, and circadian rhythms; 

3 (D) commuting policies of commercial air 

4 carriers (including passenger and all-cargo air 

5 carriers), including pilot check-in requirements 

6 and sick leave and fatigue policies; 

7 (E) postconference materials from the 

8 Federal Aviation Administration’s June 2008 

9 symposium titled ‘‘Aviation Fatigue Manage10 ment Symposium: Partnerships for Solutions’’; 

11 (F) Federal Aviation Administration and 

12 international policies and guidance regarding 

13 commuting; and 

14 (G) any other matters as the Adminis15 trator considers appropriate. 

16 (3) PRELIMINARY FINDINGS.—Not later than 

17 120 days after the date of entering into arrange18 ments under paragraph (1), the National Academy 

19 of Sciences shall submit to the Administrator its 

20 preliminary findings under the study. 

21 (4) REPORT.—Not later than 9 months after 

22 the date of entering into arrangements under para23 graph (1), the National Academy of Sciences shall 

24 submit a report to the Administrator containing its 

25 findings under the study and any recommendations 


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1 for regulatory or administrative actions by the Fed2 eral Aviation Administration concerning commuting 

3 by pilots. 

4 (5) RULEMAKING.—Following receipt of the re5 port of the National Academy of Sciences under 

6 paragraph (4), the Administrator shall— 

7 (A) consider the findings and recommenda8 tions in the report; and 

9 (B) update, as appropriate based on sci10 entific data, regulations required by subsection 

11 (a) on flight and duty time. 

12 SEC. 213. VOLUNTARY SAFETY PROGRAMS. 

13 (a) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, the Administrator of the Federal 

15 Aviation Administration shall submit to the Committee on 

16 Transportation and Infrastructure of the House of Rep17 resentatives and the Committee on Commerce, Science, 

18 and Transportation of the Senate a report on the aviation 

19 safety action program, the flight operational quality assur20 ance program, the line operations safety audit, and the 

21 advanced qualification program. 

22 (b) CONTENTS.—The report shall include— 

23 (1) a list of— 


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1 (A) which air carriers are using one or 

2 more of the voluntary safety programs referred 

3 to in subsection (a); and 

4 (B) the voluntary safety programs each air 

5 carrier is using; 

6 (2) if an air carrier is not using one or more 

7 of the voluntary safety programs— 

8 (A) a list of such programs the carrier is 

9 not using; and 

10 (B) the reasons the carrier is not using 

11 each such program; 

12 (3) if an air carrier is using one or more of the 

13 voluntary safety programs, an explanation of the 

14 benefits and challenges of using each such program; 

15 (4) a detailed analysis of how the Administra16 tion is using data derived from each of the voluntary 

17 safety programs as safety analysis and accident or 

18 incident prevention tools and a detailed plan on how 

19 the Administration intends to expand data analysis 

20 of such programs; 

21 (5) an explanation of— 

22 (A) where the data derived from the vol23 untary safety programs is stored; 

24 (B) how the data derived from such pro25 grams is protected and secured; and 


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1 (C) what data analysis processes air car2 riers are implementing to ensure the effective 

3 use of the data derived from such programs; 

4 (6) a description of the extent to which aviation 

5 safety inspectors are able to review data derived 

6 from the voluntary safety programs to enhance their 

7 oversight responsibilities; 

8 (7) a description of how the Administration 

9 plans to incorporate operational trends identified 

10 under the voluntary safety programs into the air 

11 transport oversight system and other surveillance 

12 databases so that such system and databases are 

13 more effectively utilized; 

14 (8) other plans to strengthen the voluntary 

15 safety programs, taking into account reviews of such 

16 programs by the Inspector General of the Depart17 ment of Transportation; and 

18 (9) such other matters as the Administrator de19 termines are appropriate. 

20 SEC. 214. ASAP AND FOQA IMPLEMENTATION PLAN. 

21 (a) DEVELOPMENT AND IMPLEMENTATION PLAN.— 

22 The Administrator of the Federal Aviation Administration 

23 shall develop and implement a plan to facilitate the estab24 lishment of an aviation safety action program and a flight 


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1 operational quality assurance program by all part 121 air 

2 carriers. 

3 (b) MATTERS TO BE CONSIDERED.—In developing 

4 the plan under subsection (a), the Administrator shall con5 sider— 

6 (1) how the Administration can assist part 121 

7 air carriers with smaller fleet sizes to derive a ben8 efit from establishing a flight operational quality as9 surance program; 

10 (2) how part 121 air carriers with established 

11 aviation safety action and flight operational quality 

12 assurance programs can quickly begin to report data 

13 into the aviation safety information analysis sharing 

14 database; and 

15 (3) how part 121 air carriers and aviation safe16 ty inspectors can better utilize data from such data17 base as accident and incident prevention tools. 

18 (c) REPORT.—Not later than 180 days after the date 

19 of enactment of this Act, the Administrator shall submit 

20 to the Committee on Transportation and Infrastructure 

21 of the House of Representatives and the Committee on 

22 Commerce, Science, and Transportation of the Senate a 

23 copy of the plan developed under subsection (a) and an 

24 explanation of how the Administration will implement the 

25 plan. 


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1 (d) DEADLINE FOR BEGINNING IMPLEMENTATION

2 OF PLAN.—Not later than one year after the date of en3 actment of this Act, the Administrator shall begin imple4 mentation of the plan developed under subsection (a). 

5 SEC. 215. SAFETY MANAGEMENT SYSTEMS. 

6 (a) RULEMAKING.—The Administrator of the Fed7 eral Aviation Administration shall conduct a rulemaking 

8 proceeding to require all part 121 air carriers to imple9 ment a safety management system. 

10 (b) MATTERS TO CONSIDER.—In conducting the 

11 rulemaking under subsection (a), the Administrator shall 

12 consider, at a minimum, including each of the following 

13 as a part of the safety management system: 

14 (1) An aviation safety action program. 

15 (2) A flight operational quality assurance pro16 gram. 

17 (3) A line operations safety audit. 

18 (4) An advanced qualification program. 

19 (c) DEADLINES.—The Administrator shall issue— 

20 (1) not later than 90 days after the date of en21 actment of this Act, a notice of proposed rulemaking 

22 under subsection (a); and 

23 (2) not later than 24 months after the date of 

24 enactment of this Act, a final rule under subsection 

25 (a). 


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1 (d) SAFETY MANAGEMENT SYSTEM DEFINED.—In 

2 this section, the term ‘‘safety management system’’ means 

3 the program established by the Federal Aviation Adminis4 tration in Advisory Circular 120–92, dated June 22, 2006, 

5 including any subsequent revisions thereto. 

6 SEC. 216. FLIGHT CREWMEMBER SCREENING AND QUALI7 FICATIONS. 

8 (a) REQUIREMENTS.— 

9 (1) RULEMAKING PROCEEDING.—The Adminis10 trator of the Federal Aviation Administration shall 

11 conduct a rulemaking proceeding to require part 121 

12 air carriers to develop and implement means and 

13 methods for ensuring that flight crewmembers have 

14 proper qualifications and experience. 

15 (2) MINIMUM REQUIREMENTS.— 

16 (A) PROSPECTIVE FLIGHT CREW17 MEMBERS.—Rules issued under paragraph (1) 

18 shall ensure that prospective flight crew19 members undergo comprehensive preemploy20 ment screening, including an assessment of the 

21 skills, aptitudes, airmanship, and suitability of 

22 each applicant for a position as a flight crew23 member in terms of functioning effectively in 

24 the air carrier’s operational environment. 


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1 (B) ALL FLIGHT CREWMEMBERS.—Rules 

2 issued under paragraph (1) shall ensure that, 

3 after the date that is 3 years after the date of 

4 enactment of this Act, all flight crewmembers— 

5 (i) have obtained an airline transport 

6 pilot certificate under part 61 of title 14, 

7 Code of Federal Regulations; and 

8 (ii) have appropriate multi-engine air9 craft flight experience, as determined by 

10 the Administrator. 

11 (b) DEADLINES.—The Administrator shall issue— 

12 (1) not later than 180 days after the date of 

13 enactment of this Act, a notice of proposed rule14 making under subsection (a); and 

15 (2) not later than 24 months after such date of 

16 enactment, a final rule under subsection (a). 

17 (c) DEFAULT.—The requirement that each flight 

18 crewmember for a part 121 air carrier hold an airline 

19 transport pilot certificate under part 61 of title 14, Code 

20 of Federal Regulations, shall begin to apply on the date 

21 that is 3 years after the date of enactment of this Act 

22 even if the Administrator fails to meet a deadline estab23 lished under this section. 


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1 SEC. 217. AIRLINE TRANSPORT PILOT CERTIFICATION. 

2 (a) RULEMAKING PROCEEDING.—The Administrator 

3 of the Federal Aviation Administration shall conduct a 

4 rulemaking proceeding to amend part 61 of title 14, Code 

5 of Federal Regulations, to modify requirements for the 

6 issuance of an airline transport pilot certificate. 

7 (b) MINIMUM REQUIREMENTS.—To be qualified to 

8 receive an airline transport pilot certificate pursuant to 

9 subsection (a), an individual shall— 

10 (1) have sufficient flight hours, as determined 

11 by the Administrator, to enable a pilot to function 

12 effectively in an air carrier operational environment; 

13 and 

14 (2) have received flight training, academic 

15 training, or operational experience that will prepare 

16 a pilot, at a minimum, to— 

17 (A) function effectively in a multipilot envi18 ronment; 

19 (B) function effectively in adverse weather 

20 conditions, including icing conditions; 

21 (C) function effectively during high alti22 tude operations; 

23 (D) adhere to the highest professional 

24 standards; and 

25 (E) function effectively in an air carrier 

26 operational environment. 


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1 (c) FLIGHT HOURS.— 

2 (1) NUMBERS OF FLIGHT HOURS.—The total 

3 flight hours required by the Administrator under 

4 subsection (b)(1) shall be at least 1,500 flight hours. 

5 (2) FLIGHT HOURS IN DIFFICULT OPER6 ATIONAL CONDITIONS.—The total flight hours re7 quired by the Administrator under subsection (b)(1) 

8 shall include sufficient flight hours, as determined 

9 by the Administrator, in difficult operational condi10 tions that may be encountered by an air carrier to 

11 enable a pilot to operate safely in such conditions. 

12 (d) CREDIT TOWARD FLIGHT HOURS.—The Admin13 istrator may allow specific academic training courses, be14 yond those required under subsection (b)(2), to be credited 

15 toward the total flight hours required under subsection 

16 (c). The Administrator may allow such credit based on a 

17 determination by the Administrator that allowing a pilot 

18 to take specific academic training courses will enhance 

19 safety more than requiring the pilot to fully comply with 

20 the flight hours requirement. 

21 (e) RECOMMENDATIONS OF EXPERT PANEL.—In 

22 conducting the rulemaking proceeding under this section, 

23 the Administrator shall review and consider the assess24 ment and recommendations of the expert panel to review 


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1 part 121 and part 135 training hours established by sec2 tion 209(b) of this Act. 

3 (f) DEADLINE.—Not later than 36 months after the 

4 date of enactment of this Act, the Administrator shall 

5 issue a final rule under subsection (a). 

Æ 


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