```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3371 Reported in House (RH)]

                                                 Union Calendar No. 159
111th CONGRESS
  1st Session
                                H. R. 3371

                          [Report No. 111-284]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2009

   Mr. Costello (for himself, Mr. Oberstar, Mr. Mica, Mr. Petri, Mr. 
Carnahan, Mr. Coble, Mr. McMahon, Mr. Duncan, Mr. DeFazio, Mr. Ehlers, 
  Mr. Filner, Mrs. Capito, Mr. Holden, Mr. Gerlach, Mr. Capuano, Mr. 
Dent, Mr. Lipinski, Mrs. Schmidt, Mr. Hall of New York, Mr. Cohen, Mr. 
Altmire, Mr. Schauer, Ms. Slaughter, Mr. Lee of New York, Mr. Higgins, 
  Mr. Holt, Mr. Pascrell, Ms. Norton, and Ms. Hirono) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

                            October 6, 2009

Additional sponsors: Mr. Moran of Kansas, Mr. Himes, and Ms. Richardson

                            October 6, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

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

 

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

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''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. FAA Task Force on Air Carrier Safety and Pilot Training.
Sec. 4. Implementation of NTSB flight crewmember training 
                            recommendations.
Sec. 5. Secretary of Transportation responses to safety 
                            recommendations.
Sec. 6. FAA pilot records database.
Sec. 7. FAA rulemaking on training programs.
Sec. 8. Aviation safety inspectors and operational research analysts.
Sec. 9. Flight crewmember mentoring, professional development, and 
                            leadership.
Sec. 10. Flight crewmember screening and qualifications.
Sec. 11. Flight schools, flight education, and pilot academic training.
Sec. 12. Voluntary safety programs.
Sec. 13. ASAP and FOQA implementation plan.
Sec. 14. Safety management systems.
Sec. 15. Disclosure of air carriers operating flights for tickets sold 
                            for air transportation.
Sec. 16. Pilot fatigue.
Sec. 17. Flight crewmember pairing and crew resource management 
                            techniques.

SEC. 2. DEFINITIONS.

    (a) Definitions.--In this Act, the following definitions apply:
            (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.
            (2) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102 of title 49, United States 
        Code.
            (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.
            (4) Flight crewmember.--The term ``flight crewmember'' has 
        the meaning given that term in part 1.1 of title 14, Code of 
        Federal Regulations.
            (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.
            (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.
            (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.
            (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.

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'').
    (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.
    (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:
            (1) Air carrier management responsibilities for flight 
        crewmember education and support.
            (2) Flight crewmember professional standards.
            (3) Flight crewmember training standards and performance.
            (4) Mentoring and information sharing between air carriers.
    (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--
            (1) the progress of the Task Force in identifying best 
        practices in the air carrier industry;
            (2) the progress of air carriers and labor unions in 
        implementing the best practices identified by the Task Force;
            (3) recommendations of the Task Force, if any, for 
        legislative or regulatory actions;
            (4) the progress of air carriers and labor unions in 
        implementing training-related, nonregulatory actions 
        recommended by the Administrator; and
            (5) the progress of air carriers in developing specific 
        programs to share safety data and ensure implementation of the 
        most effective safety practices.
    (e) Termination.--The Task Force shall terminate on September 30, 
2012.
    (f) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task 
Force.

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

    (a) Rulemaking Proceedings.--
            (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--
                    (A) to recognize and avoid a stall of an aircraft 
                or, if not avoided, to recover from the stall; and
                    (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.
            (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.
            (3) Deadlines.--The Administrator shall--
                    (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); and
                    (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).
    (b) Stick Pusher Training and Weather Event Training.--
            (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.
            (2) Report to congress and ntsb.--Not later than one year 
        after the date on which the Administrator convenes the panel, 
        the Administrator shall--
                    (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; and
                    (B) with respect to stick pusher systems, initiate 
                appropriate actions to implement the recommendations of 
                the panel.
            (3) Stick pusher defined.--In this subsection, 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.

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''.
    (b) Air Carrier Safety Recommendations.--Section 1135 of such title 
is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Annual Report on Air Carrier Safety Recommendations.--
            ``(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.
            ``(2) Recommendations to be covered.--The report shall 
        cover--
                    ``(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; and
                    ``(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.
            ``(3) Contents.--
                    ``(A) Plans to adopt recommendations.--For each 
                recommendation of the Board described in paragraph 
                (2)(A), the report shall contain--
                            ``(i) a description of the recommendation;
                            ``(ii) a description of the procedures 
                        planned for adopting the recommendation or part 
                        of the recommendation;
                            ``(iii) the proposed date for completing 
                        the procedures; and
                            ``(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.
                    ``(B) Refusals to adopt recommendations.--For each 
                recommendation of the Board described in paragraph 
                (2)(B), the report shall contain--
                            ``(i) a description of the recommendation; 
                        and
                            ``(ii) a description of the reasons for the 
                        refusal to carry out all or part of the 
                        procedures to adopt the recommendation.''.

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:
            ``(16) Applicability.--This subsection shall cease to be 
        effective on the date specified in regulations issued under 
        subsection (i).''.
    (b) Establishment of FAA Pilot Records Database.--Section 44703 of 
such title is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following:
    ``(i) FAA Pilot Records Database.--
            ``(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).
            ``(2) Pilot records database.--The Administrator shall 
        establish an electronic database (in this subsection referred 
        to as the `database') containing the following records:
                    ``(A) FAA records.--From the Administrator--
                            ``(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;
                            ``(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; and
                            ``(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.
                    ``(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--
                            ``(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) under regulations set forth 
                        in--
                                    ``(I) section 121.683 of title 14, 
                                Code of Federal Regulations;
                                    ``(II) paragraph (A) of section VI, 
                                appendix I, part 121 of such title;
                                    ``(III) paragraph (A) of section 
                                IV, appendix J, part 121 of such title;
                                    ``(IV) section 125.401 of such 
                                title; and
                                    ``(V) section 135.63(a)(4) of such 
                                title; and
                            ``(ii) other records pertaining to the 
                        individual's performance as a pilot that are 
                        maintained by the air carrier or person 
                        concerning--
                                    ``(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;
                                    ``(II) any disciplinary action 
                                taken with respect to the individual 
                                that was not subsequently overturned; 
                                and
                                    ``(III) any release from employment 
                                or resignation, termination, or 
                                disqualification with respect to 
                                employment.
                    ``(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.
            ``(3) Written consent; release from liability.--An air 
        carrier--
                    ``(A) shall obtain the written consent of an 
                individual before accessing records pertaining to the 
                individual under paragraph (1); and
                    ``(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 (other than a 
                claim arising from furnishing information known to be 
                false and maintained in violation of a criminal 
                statute).
            ``(4) Reporting.--
                    ``(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.
                    ``(B) Reporting by air carriers and other 
                persons.--
                            ``(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.
                            ``(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):
                                    ``(I) Records that are generated by 
                                the air carrier or other person after 
                                the date of enactment of this 
                                paragraph.
                                    ``(II) Records that the air carrier 
                                or other person is maintaining, on such 
                                date of enactment, pursuant to 
                                subsection (h)(4).
            ``(5) Requirement to maintain records.--The Administrator--
                    ``(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; and
                    ``(B) may remove the individual's records from the 
                database after that date.
            ``(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.
            ``(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--
                    ``(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; and
                    ``(B) shall provide the individual with a 
                reasonable opportunity to submit written comments to 
                correct any inaccuracies contained in the records.
            ``(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).
            ``(9) Privacy protections.--
                    ``(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.
                    ``(B) Disclosure of information.--
                            ``(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.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to--
                                    ``(I) de-identified, summarized 
                                information to explain the need for 
                                changes in policies and regulations;
                                    ``(II) information to correct a 
                                condition that compromises safety;
                                    ``(III) information to carry out a 
                                criminal investigation or prosecution;
                                    ``(IV) information to comply with 
                                section 44905, regarding information 
                                about threats to civil aviation; and
                                    ``(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.
            ``(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--
                    ``(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); or
                    ``(B) reasons why the Administrator does not 
                recommend any proposed changes to the records referred 
                to in subparagraph (A).
            ``(11) Regulations for protection and security of 
        records.--The Administrator shall prescribe such regulations as 
        may be necessary--
                    ``(A) to protect and secure--
                            ``(i) the personal privacy of any 
                        individual whose records are accessed under 
                        paragraph (1); and
                            ``(ii) the confidentiality of those 
                        records; and
                    ``(B) to preclude the further dissemination of 
                records received under paragraph (1) by the person who 
                accessed the records.
            ``(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--
                    ``(A) the air carrier has made a documented good 
                faith attempt to access the information from the 
                database; and
                    ``(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.
            ``(13) Limitations on electronic access to records.--
                    ``(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.
                    ``(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--
                            ``(i) the designated individual has 
                        received the written consent of the pilot 
                        applicant to access the information; and
                            ``(ii) information obtained using such 
                        access will not be used for any purpose other 
                        than making the hiring decision.
            ``(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.
            ``(15) Regulations.--
                    ``(A) In general.--The Administrator shall issue 
                regulations to carry out this subsection.
                    ``(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.
                    ``(C) Exceptions.--Notwithstanding subparagraph 
                (B)--
                            ``(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;
                            ``(ii) the Administrator shall maintain 
                        records in accordance with paragraph (5) 
                        beginning on the date of enactment of this 
                        paragraph; and
                            ``(iii) air carriers and other persons 
                        shall maintain records to be reported to the 
                        database under paragraph (4)(B) beginning on 
                        such date of enactment.''.
    (c) Conforming Amendments.--
            (1) Limitation on liability; preemption of state law.--
        Section 44703(j) (as redesignated by subsection (b)(1) of this 
        section) is amended--
                    (A) in the subsection heading by striking 
                ``Limitation'' and inserting ``Limitations'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``paragraph (2)'' and inserting 
                        ``subsection (h)(2) or (i)(3)'';
                            (ii) in subparagraph (A) by inserting ``or 
                        accessing the records of that individual under 
                        subsection (i)(1)'' before the semicolon; and
                            (iii) in the matter following subparagraph 
                        (D) by striking ``subsection (h)'' and 
                        inserting ``subsection (h) or (i)'';
                    (C) in paragraph (2) by striking ``subsection (h)'' 
                and inserting ``subsection (h) or (i)'';
                    (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)''; and
                    (E) by adding at the end the following:
            ``(4) Prohibition on actions and proceedings against air 
        carriers.--
                    ``(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).
                    ``(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).''.
            (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)''.

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).
    (b) Expert Panel To Review Part 121 and Part 135 Training Hours.--
            (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.
            (2) Assessment and recommendations.--The panel shall assess 
        and make recommendations concerning--
                    (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;
                    (B) the optimal length of time between training 
                events for such crewmembers, including recurrent 
                training events; and
                    (C) the best methods to reliably evaluate mastery 
                by such crewmembers of aircraft systems, maneuvers, 
                procedures, take offs and landings, and crew 
                coordination.
            (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.

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.
    (b) Purposes.--The purpose of the review shall be, at a minimum--
            (1) to review the level of the Administration's oversight 
        of each part 121 air carrier;
            (2) to make recommendations to ensure that each part 121 
        air carrier is receiving an equivalent level of oversight;
            (3) to assess the number and level of experience of 
        aviation safety inspectors assigned to such carriers;
            (4) to evaluate how the Administration is making 
        assignments of aviation safety inspectors to such carriers;
            (5) to review various safety inspector oversight programs, 
        including the geographic inspector program;
            (6) to evaluate the adequacy of the number of operational 
        research analysts assigned to each part 121 air carrier;
            (7) to evaluate the surveillance responsibilities of 
        aviation safety inspectors, including en route inspections;
            (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;
            (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; and
            (10) to conduct such other analyses as the Inspector 
        General considers relevant to the purpose of the review.
    (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--
            (1) that specifies which, if any, policy changes 
        recommended by the Inspector General under this section the 
        Administrator intends to adopt and implement;
            (2) that includes an explanation of how the Administrator 
        plans to adopt and implement such policy changes; and
            (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.

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

    (a) Rulemaking Proceeding.--
            (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:
                    (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.
                    (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.
                    (C) Establish or modify training programs to 
                accommodate substantially different levels and types of 
                flight experience by newly employed flight crewmembers.
                    (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.
                    (E) Ensure that recurrent training for pilots in 
                command includes leadership and command training.
                    (F) Such other actions as the Administrator 
                determines appropriate to enhance flight crewmember 
                professional development.
            (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.
            (3) Streamlined program review.--
                    (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).
                    (B) Expedited approvals.--Under the streamlined 
                process, the Administrator shall--
                            (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); and
                            (ii) expedite the approval of the programs 
                        that the Administrator determines meet such 
                        requirements.
    (b) Deadlines.--The Administrator shall issue--
            (1) not later than 180 days after the date of enactment of 
        this Act, a notice of proposed rulemaking under subsection (a); 
        and
            (2) not later than 24 months after such date of enactment, 
        a final rule under subsection (a).

SEC. 10. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.

    (a) Requirements.--
            (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.
            (2) Minimum requirements.--
                    (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.
                    (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--
                            (i) have obtained an airline transport 
                        pilot license under part 61 of title 14, Code 
                        of Federal Regulations; and
                            (ii) have appropriate multi-engine aircraft 
                        flight experience, as determined by the 
                        Administrator.
    (b) Deadlines.--The Administrator shall issue--
            (1) not later than 180 days after the date of enactment of 
        this Act, a notice of proposed rulemaking under subsection (a); 
        and
            (2) not later than 24 months after such date of enactment, 
        a final rule under subsection (a).

SEC. 11. 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.
    (b) Minimum Contents of Study.--The study shall include, at a 
minimum--
            (1) an assessment of the Federal Aviation Administration's 
        oversight of flight schools;
            (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;
            (3) a comparison of the academic training requirements for 
        pilots in the United States to the academic training 
        requirements for pilots in other countries;
            (4) a determination and description of any improvements 
        that may be needed in the Administration's academic training 
        requirements for pilots;
            (5) 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;
            (6) 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; and
            (7) an assessment of whether compliance with the English 
        speaking requirements applicable to pilots under part 61 of 
        such title is adequately tested and enforced.
    (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.

SEC. 12. 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.
    (b) Contents.--The report shall include--
            (1) a list of--
                    (A) which air carriers are using one or more of the 
                voluntary safety programs referred to in subsection 
                (a); and
                    (B) the voluntary safety programs each air carrier 
                is using;
            (2) if an air carrier is not using one or more of the 
        voluntary safety programs--
                    (A) a list of such programs the carrier is not 
                using; and
                    (B) the reasons the carrier is not using each such 
                program;
            (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;
            (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;
            (5) an explanation of--
                    (A) where the data derived from such programs is 
                stored;
                    (B) how the data derived from such programs is 
                protected and secured; and
                    (C) what data analysis processes air carriers are 
                implementing to ensure the effective use of the data 
                derived from such programs;
            (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;
            (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;
            (8) other plans to strengthen such programs, taking into 
        account reviews of such programs by the Inspector General of 
        the Department of Transportation; and
            (9) such other matters as the Administrator determines are 
        appropriate.

SEC. 13. 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.
    (b) Matters To Be Considered.--In developing the plan under 
subsection (a), the Administrator shall consider--
            (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;
            (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; and
            (3) how part 121 air carriers and aviation safety 
        inspectors can better utilize data from such database as 
        accident and incident prevention tools.
    (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.
    (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).

SEC. 14. 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.
    (b) Matters to Consider.--In conducting the rulemaking under 
subsection (a), the Administrator shall consider including each of the 
following as a part of the safety management system:
            (1) An aviation safety action program.
            (2) A flight operational quality assurance program.
            (3) A line operations safety audit.
            (4) An advanced qualification program.
    (c) Deadlines.--The Administrator shall issue--
            (1) not later than 90 days after the date of enactment of 
        this Act, a notice of proposed rulemaking under subsection (a); 
        and
            (2) not later than 24 months after the date of enactment of 
        this Act, a final rule under subsection (a).
    (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.

SEC. 15. 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:
    ``(c) Disclosure Requirement for Sellers of Tickets for Flights.--
            ``(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--
                    ``(A) the name (including any business or corporate 
                name) of the air carrier providing the air 
                transportation; and
                    ``(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.
            ``(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.''.

SEC. 16. PILOT FATIGUE.

    (a) Flight and Duty Time Regulations.--
            (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--
                    (A) to specify limitations on the hours of flight 
                and duty time allowed for pilots to address problems 
                relating to pilot fatigue; and
                    (B) to require part 121 air carriers to develop and 
                implement fatigue risk management plans.
            (2) Matters to be addressed.--In conducting the rulemaking 
        proceeding under this subsection, the Administrator shall 
        consider and review the following:
                    (A) Time of day of flights in a duty period.
                    (B) Number of takeoff and landings in a duty 
                period.
                    (C) Number of time zones crossed in a duty period.
                    (D) The impact of functioning in multiple time 
                zones or on different daily schedules.
                    (E) Research conducted on fatigue, sleep, and 
                circadian rhythms.
                    (F) Sleep and rest requirements recommended by the 
                National Transportation Safety Board and the National 
                Aeronautics and Space Administration.
                    (G) International standards regarding flight 
                schedules and duty periods.
                    (H) Alternative procedures to facilitate alertness 
                in the cockpit.
                    (I) Scheduling and attendance policies and 
                practices, including sick leave.
                    (J) The effects of commuting, the means of 
                commuting, and the length of the commute.
                    (K) Medical screening and treatment.
                    (L) Rest environments.
                    (M) Any other matters the Administrator considers 
                appropriate.
            (3) Deadlines.--The Administrator shall issue--
                    (A) not later than 30 days after the date of 
                enactment of this Act, a notice of proposed rulemaking 
                under subsection (a); and
                    (B) not later than one year after the date of 
                enactment of this Act, a final rule under subsection 
                (a).
    (b) Fatigue Risk Management Plan.--
            (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.
            (2) Contents of plan.--A fatigue risk management plan 
        submitted by a part 121 air carrier under paragraph (1) shall 
        include the following:
                    (A) Current flight time and duty period 
                limitations.
                    (B) A rest scheme that enables the management of 
                fatigue, including annual training to increase 
                awareness of--
                            (i) fatigue;
                            (ii) the effects of fatigue on pilots; and
                            (iii) fatigue countermeasures.
                    (C) Development and use of a methodology that 
                continually assesses the effectiveness of the program, 
                including the ability of the program--
                            (i) to improve alertness; and
                            (ii) to mitigate performance errors.
            (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.
            (4) Approval.--
                    (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.
                    (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.
            (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.
            (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).
    (c) Effect of Commuting on Fatigue.--
            (1) In general.--Not later than 3 months 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.
            (2) Study.--In conducting the study, the National Academy 
        of Sciences shall consider--
                    (A) the prevalence of pilot commuting in the 
                commercial air carrier industry, including the number 
                and percentage of pilots who commute;
                    (B) information relating to commuting by pilots, 
                including distances traveled, time zones crossed, time 
                spent, and methods used;
                    (C) research on the impact of commuting on pilot 
                fatigue, sleep, and circadian rhythms;
                    (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;
                    (E) post-conference materials from the Federal 
                Aviation Administration's June 2008 symposium entitled 
                ``Aviation Fatigue Management Symposium: Partnerships 
                for Solutions'';
                    (F) Federal Aviation Administration and 
                international policies and guidance regarding 
                commuting; and
                    (G) any other matters as the Administrator 
                considers appropriate.
            (3) Preliminary findings.--Not later than 120 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.
            (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.
            (5) Rulemaking.--Following receipt of the report of the 
        National Academy of Sciences under paragraph (4), the 
        Administrator shall--
                    (A) consider the findings and recommendations in 
                the report; and
                    (B) update, as appropriate based on scientific 
                data, regulations required by subsection (a) on flight 
                and duty time.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.

SEC. 17. 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.
    (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.
                                                 Union Calendar No. 159

111th CONGRESS

  1st Session

                               H. R. 3371

                          [Report No. 111-284]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 6, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```