I 

111TH CONGRESS 

1ST SESSION H. R. 3371 

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 

A BILL 

To amend title 49, United States Code, to improve airline 

safety and pilot training, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Airline Safety and Pilot Training Improvement Act of 

6 2009’’. 

7 (b) TABLE OF CONTENTS.— 


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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. 

1 SEC. 2. DEFINITIONS. 

2 (a) DEFINITIONS.—In this Act, the following defini3 tions apply: 

4 (1) ADVANCED QUALIFICATION PROGRAM.—The 

5 term ‘‘advanced qualification program’’ means the 

6 program established by the Federal Aviation Admin7 istration in Advisory Circular 120–54A, dated June 

8 23, 2006, including any subsequent revisions there9 to. 

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

11 the meaning given that term in section 40102 of 

12 title 49, United States Code. 

13 (3) AVIATION SAFETY ACTION PROGRAM.—The 

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

15 program established by the Federal Aviation Admin16 istration in Advisory Circular 120–66B, dated NoVerDate Nov 24 2008 23:40 Jul 29, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3371.IH H3371

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1 vember 15, 2002, including any subsequent revisions 

2 thereto. 

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

4 crewmember’’ has the meaning given that term in 

5 part 1.1 of title 14, Code of Federal Regulations. 

6 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

7 PROGRAM.—The term ‘‘flight operational quality as8 surance program’’ means the program established by 

9 the Federal Aviation Administration in Advisory Cir10 cular 120–82, dated April 12, 2004, including any 

11 subsequent revisions thereto. 

12 (6) LINE OPERATIONS SAFETY AUDIT.—The 

13 term ‘‘line operations safety audit’’ means the proce14 dure referenced by the Federal Aviation Administra15 tion in Advisory Circular 120–90, dated April 27, 

16 2006, including any subsequent revisions thereto. 

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

18 121 air carrier’’ means an air carrier that holds a 

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

20 Federal Regulations. 

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

22 135 air carrier’’ means an air carrier that holds a 

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

24 Federal Regulations. 


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1 SEC. 3. FAA TASK FORCE ON AIR CARRIER SAFETY AND 

2 PILOT TRAINING. 

3 (a) ESTABLISHMENT.—The Administrator of the 

4 Federal Aviation Administration shall establish a special 

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

6 Carrier Safety and Pilot Training’’ (in this section re7 ferred to as the ‘‘Task Force’’). 

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

9 members appointed by the Administrator and shall include 

10 air carrier representatives, labor union representatives, 

11 and aviation safety experts with knowledge of foreign and 

12 domestic regulatory requirements for flight crewmember 

13 education and training. 

14 (c) DUTIES.—The duties of the Task Force shall in15 clude, at a minimum, evaluating best practices in the air 

16 carrier industry and providing recommendations in the fol17 lowing areas: 

18 (1) Air carrier management responsibilities for 

19 flight crewmember education and support. 

20 (2) Flight crewmember professional standards. 

21 (3) Flight crewmember training standards and 

22 performance. 

23 (4) Mentoring and information sharing between 

24 air carriers. 

25 (d) REPORT.—Not later than 180 days after the date 

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


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1 180-day period thereafter until termination of the Task 

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

3 Transportation and Infrastructure of the House of Rep4 resentatives and the Committee on Commerce, Science, 

5 and Transportation of the Senate a report detailing— 

6 (1) the progress of the Task Force in identi7 fying best practices in the air carrier industry; 

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

9 in implementing the best practices identified by the 

10 Task Force; 

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

12 for legislative or regulatory actions; 

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

14 in implementing training-related, nonregulatory ac15 tions recommended by the Administrator; and 

16 (5) the progress of air carriers in developing 

17 specific programs to share safety data and ensure 

18 implementation of the most effective safety prac19 tices. 

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

21 on September 30, 2012. 

22 (f) APPLICABILITY OF FEDERAL ADVISORY COM23 MITTEE ACT.—The Federal Advisory Committee Act (5 

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


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1 SEC. 4. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER 

2 TRAINING RECOMMENDATIONS. 

3 (a) RULEMAKING PROCEEDINGS.— 

4 (1) STALL AND UPSET RECOGNITION AND RE5 COVERY TRAINING.—The Administrator of the Fed6 eral Aviation Administration shall conduct a rule7 making proceeding to require part 121 air carriers 

8 to provide flight crewmembers with ground training 

9 and flight training— 

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

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

12 stall; and 

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

14 aircraft or, if not avoided, to execute such tech15 niques as available data indicate are appro16 priate to recover from the upset in a given 

17 make, model, and series of aircraft. 

18 (2) REMEDIAL TRAINING PROGRAMS.—The Ad19 ministrator shall conduct a rulemaking proceeding to 

20 require part 121 air carriers to establish remedial 

21 training programs for flight crewmembers who have 

22 demonstrated performance deficiencies or experi23 enced failures in the training environment. 

24 (3) DEADLINES.—The Administrator shall— 

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

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1 posed rulemaking under each of paragraphs (1) 

2 and (2); and 

3 (B) not later than 24 months after the 

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

5 for the rulemaking in each of paragraphs (1) 

6 and (2). 

7 (b) STICK PUSHER TRAINING AND WEATHER EVENT

8 TRAINING.— 

9 (1) MULTIDISCIPLINARY PANEL.—Not later 

10 than 120 days after the date of enactment of this 

11 Act, the Administrator shall convene a multidisci12 plinary panel of specialists in aircraft operations, 

13 flight crewmember training, human factors, and 

14 aviation safety to study and submit to the Adminis15 trator a report on methods to increase the famili16 arity of flight crewmembers with, and improve the 

17 response of flight crewmembers to, stick pusher sys18 tems, icing conditions, and microburst and 

19 windshear weather events. 

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

21 later than one year after the date on which the Ad22 ministrator convenes the panel, the Administrator 

23 shall— 

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1 resentatives, the Committee on Commerce, 

2 Science, and Transportation of the Senate, and 

3 the National Transportation Safety Board a re4 port based on the findings of the panel; and 

5 (B) with respect to stick pusher systems, 

6 initiate appropriate actions to implement the 

7 recommendations of the panel. 

8 (3) STICK PUSHER DEFINED.—In this sub9 section, the term ‘‘stick pusher’’ means a device 

10 that, at or near a stall, applies a nose down pitch 

11 force to an aircraft’s control columns to attempt to 

12 decrease the aircraft’s angle of attack. 

13 SEC. 5. SECRETARY OF TRANSPORTATION RESPONSES TO 

14 SAFETY RECOMMENDATIONS. 

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

16 1135(a) of title 49, United States Code, is amended by 

17 inserting ‘‘to the National Transportation Safety Board’’ 

18 after ‘‘shall give’’. 

19 (b) AIR CARRIER SAFETY RECOMMENDATIONS.— 

20 Section 1135 of such title is amended— 

21 (1) by redesignating subsections (c) and (d) as 

22 subsections (e) and (f), respectively; and 

23 (2) by inserting after subsection (b) the fol24 lowing: 


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1 ‘‘(c) ANNUAL REPORT ON AIR CARRIER SAFETY

2 RECOMMENDATIONS.— 

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

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

5 report on the recommendations made by the Board 

6 to the Secretary regarding air carrier operations 

7 conducted under part 121 of title 14, Code of Fed8 eral Regulations. 

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

10 The report shall cover— 

11 ‘‘(A) any recommendation for which the 

12 Secretary has developed, or intends to develop, 

13 procedures to adopt the recommendation or 

14 part of the recommendation, but has yet to 

15 complete the procedures; and 

16 ‘‘(B) any recommendation for which the 

17 Secretary, in the preceding year, has issued a 

18 response under subsection (a)(2) or (a)(3) re19 fusing to carry out all or part of the procedures 

20 to adopt the recommendation. 

21 ‘‘(3) CONTENTS.— 

22 ‘‘(A) PLANS TO ADOPT RECOMMENDA23 TIONS.—For each recommendation of the 

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

25 shall contain— 


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1 ‘‘(i) a description of the recommenda2 tion; 

3 ‘‘(ii) a description of the procedures 

4 planned for adopting the recommendation 

5 or part of the recommendation; 

6 ‘‘(iii) the proposed date for completing 

7 the procedures; and 

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

9 deadline contained in a proposed timeline 

10 developed in connection with the rec11 ommendation under subsection (b), an ex12 planation for not meeting the deadline. 

13 ‘‘(B) REFUSALS TO ADOPT RECOMMENDA14 TIONS.—For each recommendation of the 

15 Board described in paragraph (2)(B), the re16 port shall contain— 

17 ‘‘(i) a description of the recommenda18 tion; and 

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

20 the refusal to carry out all or part of the 

21 procedures to adopt the recommendation.’’. 

22 SEC. 6. FAA PILOT RECORDS DATABASE. 

23 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI24 CANTS.—Section 44703(h) of title 49, United States Code, 

25 is amended by adding at the end the following: 


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

2 cease to be effective on the date specified in regula3 tions issued under subsection (i).’’. 

4 (b) ESTABLISHMENT OF FAA PILOT RECORDS

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

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

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

8 (2) by inserting after subsection (h) the fol9 lowing: 

10 ‘‘(i) FAA PILOT RECORDS DATABASE.— 

11 ‘‘(1) IN GENERAL.—Before allowing an indi12 vidual to begin service as a pilot, an air carrier shall 

13 access and evaluate, in accordance with the require14 ments of this subsection, information pertaining to 

15 the individual from the pilot records database estab16 lished under paragraph (2). 

17 ‘‘(2) PILOT RECORDS DATABASE.—The Admin18 istrator shall establish an electronic database (in this 

19 subsection referred to as the ‘database’) containing 

20 the following records: 

21 ‘‘(A) FAA RECORDS.—From the Adminis22 trator— 

23 ‘‘(i) records that are maintained by 

24 the Administrator concerning current air25 man certificates, including airman medical 


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1 certificates and associated type ratings and 

2 information on any limitations to those 

3 certificates and ratings; 

4 ‘‘(ii) records that are maintained by 

5 the Administrator concerning any failed at6 tempt of an individual to pass a practical 

7 test required to obtain a certificate or type 

8 rating under part 61 of title 14, Code of 

9 Federal Regulations; and 

10 ‘‘(iii) summaries of legal enforcement 

11 actions resulting in a finding by the Ad12 ministrator of a violation of this title or a 

13 regulation prescribed or order issued under 

14 this title that was not subsequently over15 turned. 

16 ‘‘(B) AIR CARRIER AND OTHER

17 RECORDS.—From any air carrier or other per18 son (except a branch of the Armed Forces, the 

19 National Guard, or a reserve component of the 

20 Armed Forces) that has employed an individual 

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

22 the trustee in bankruptcy for such air carrier or 

23 person— 

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1 rier (other than records relating to flight 

2 time, duty time, or rest time) under regu3 lations set forth in— 

4 ‘‘(I) section 121.683 of title 14, 

5 Code of Federal Regulations; 

6 ‘‘(II) paragraph (A) of section 

7 VI, appendix I, part 121 of such title; 

8 ‘‘(III) paragraph (A) of section 

9 IV, appendix J, part 121 of such title; 

10 ‘‘(IV) section 125.401 of such 

11 title; and 

12 ‘‘(V) section 135.63(a)(4) of such 

13 title; and 

14 ‘‘(ii) other records pertaining to the 

15 individual’s performance as a pilot that are 

16 maintained by the air carrier or person 

17 concerning— 

18 ‘‘(I) the training, qualifications, 

19 proficiency, or professional com20 petence of the individual, including 

21 comments and evaluations made by a 

22 check airman designated in accord23 ance with section 121.411, 125.295, 

24 or 135.337 of such title; 


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1 ‘‘(II) any disciplinary action 

2 taken with respect to the individual 

3 that was not subsequently overturned; 

4 and 

5 ‘‘(III) any release from employ6 ment or resignation, termination, or 

7 disqualification with respect to em8 ployment. 

9 ‘‘(C) NATIONAL DRIVER REGISTER

10 RECORDS.—In accordance with section 

11 30305(b)(8) of this title, from the chief driver 

12 licensing official of a State, information con13 cerning the motor vehicle driving record of the 

14 individual. 

15 ‘‘(3) WRITTEN CONSENT; RELEASE FROM LI16 ABILITY.—An air carrier— 

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

18 individual before accessing records pertaining to 

19 the individual under paragraph (1); and 

20 ‘‘(B) may, notwithstanding any other pro21 vision of law or agreement to the contrary, re22 quire an individual with respect to whom the 

23 carrier is accessing records under paragraph (1) 

24 to execute a release from liability for any claim 

25 arising from accessing the records or the use of 


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1 such records by the air carrier (other than a 

2 claim arising from furnishing information 

3 known to be false and maintained in violation 

4 of a criminal statute). 

5 ‘‘(4) REPORTING.— 

6 ‘‘(A) REPORTING BY ADMINISTRATOR.— 

7 The Administrator shall enter data described in 

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

9 ensure that an individual’s records are current. 

10 ‘‘(B) REPORTING BY AIR CARRIERS AND

11 OTHER PERSONS.— 

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

13 other persons shall report data described 

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

15 Administrator promptly for entry into the 

16 database. 

17 ‘‘(ii) DATA TO BE REPORTED.—Air 

18 carriers and other persons shall report, at 

19 a minimum, under clause (i) the following 

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

21 ‘‘(I) Records that are generated 

22 by the air carrier or other person 

23 after the date of enactment of this 

24 paragraph. 


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1 ‘‘(II) Records that the air carrier 

2 or other person is maintaining, on 

3 such date of enactment, pursuant to 

4 subsection (h)(4). 

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

6 The Administrator— 

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

8 the database under paragraph (2) pertaining to 

9 an individual until the date of receipt of notifi10 cation that the individual is deceased; and 

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

12 from the database after that date. 

13 ‘‘(6) RECEIPT OF CONSENT.—The Adminis14 trator shall not permit an air carrier to access 

15 records pertaining to an individual from the data16 base under paragraph (1) without the air carrier 

17 first demonstrating to the satisfaction of the Admin18 istrator that the air carrier has obtained the written 

19 consent of the individual. 

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

21 RECORDS AND CORRECT INACCURACIES.—Notwith22 standing any other provision of law or agreement, 

23 the Administrator, upon receipt of written request 

24 from an individual— 


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

2 30 days after the date of the request, to the in3 dividual for review all records referred to in 

4 paragraph (2) pertaining to the individual; and 

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

6 reasonable opportunity to submit written com7 ments to correct any inaccuracies contained in 

8 the records. 

9 ‘‘(8) REASONABLE CHARGES FOR PROCESSING

10 REQUESTS AND FURNISHING COPIES.—The Adminis11 trator may establish a reasonable charge for the cost 

12 of processing a request under paragraph (1) or (7) 

13 and for the cost of furnishing copies of requested 

14 records under paragraph (7). 

15 ‘‘(9) PRIVACY PROTECTIONS.— 

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

17 that accesses records pertaining to an individual 

18 under paragraph (1) may use the records only 

19 to assess the qualifications of the individual in 

20 deciding whether or not to hire the individual as 

21 a pilot. The air carrier shall take such actions 

22 as may be necessary to protect the privacy of 

23 the individual and the confidentiality of the 

24 records accessed, including ensuring that infor25 mation contained in the records is not divulged 


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1 to any individual that is not directly involved in 

2 the hiring decision. 

3 ‘‘(B) DISCLOSURE OF INFORMATION.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided by clause (ii), information collected 

6 by the Administrator under paragraph (2) 

7 shall be exempt from the disclosure re8 quirements of section 552 of title 5. 

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

10 not apply to— 

11 ‘‘(I) de-identified, summarized in12 formation to explain the need for 

13 changes in policies and regulations; 

14 ‘‘(II) information to correct a 

15 condition that compromises safety; 

16 ‘‘(III) information to carry out a 

17 criminal investigation or prosecution; 

18 ‘‘(IV) information to comply with 

19 section 44905, regarding information 

20 about threats to civil aviation; and 

21 ‘‘(V) such information as the Ad22 ministrator determines necessary, if 

23 withholding the information would not 

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1 sibilities of the Federal Aviation Ad2 ministration. 

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

4 months after the date of enactment of this para5 graph, and at least once every 3 years thereafter, 

6 the Administrator shall transmit to Congress a 

7 statement that contains, taking into account recent 

8 developments in the aviation industry— 

9 ‘‘(A) recommendations by the Adminis10 trator concerning proposed changes to Federal 

11 Aviation Administration records, air carrier 

12 records, and other records required to be in13 cluded in the database under paragraph (2); or 

14 ‘‘(B) reasons why the Administrator does 

15 not recommend any proposed changes to the 

16 records referred to in subparagraph (A). 

17 ‘‘(11) REGULATIONS FOR PROTECTION AND SE18 CURITY OF RECORDS.—The Administrator shall pre19 scribe such regulations as may be necessary— 

20 ‘‘(A) to protect and secure— 

21 ‘‘(i) the personal privacy of any indi22 vidual whose records are accessed under 

23 paragraph (1); and 

24 ‘‘(ii) the confidentiality of those 

25 records; and 


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1 ‘‘(B) to preclude the further dissemination 

2 of records received under paragraph (1) by the 

3 person who accessed the records. 

4 ‘‘(12) GOOD FAITH EXCEPTION.—Notwith5 standing paragraph (1), an air carrier may allow an 

6 individual to begin service as a pilot, without first 

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

8 from the database pertaining to the individual, if— 

9 ‘‘(A) the air carrier has made a docu10 mented good faith attempt to access the infor11 mation from the database; and 

12 ‘‘(B) has received written notice from the 

13 Administrator that the information is not con14 tained in the database because the individual 

15 was employed by an air carrier or other person 

16 that no longer exists or by a foreign govern17 ment or other entity that has not provided the 

18 information to the database. 

19 ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO

20 RECORDS.— 

21 ‘‘(A) ACCESS BY INDIVIDUALS DES22 IGNATED BY AIR CARRIERS.—For the purpose 

23 of increasing timely and efficient access to 

24 records described in paragraph (2), the Admin25 istrator may allow, under terms established by 


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1 the Administrator, an individual designated by 

2 an air carrier to have electronic access to the 

3 database. 

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

5 the Administrator under subparagraph (A) for 

6 allowing a designated individual to have elec7 tronic access to the database shall limit such 

8 access to instances in which information in the 

9 database is required by the designated indi10 vidual in making a hiring decision concerning a 

11 pilot applicant and shall require that the des12 ignated individual provide assurances satisfac13 tory to the Administrator that— 

14 ‘‘(i) the designated individual has re15 ceived the written consent of the pilot ap16 plicant to access the information; and 

17 ‘‘(ii) information obtained using such 

18 access will not be used for any purpose 

19 other than making the hiring decision. 

20 ‘‘(14) AUTHORIZED EXPENDITURES.—Out of 

21 amounts appropriated under section 106(k)(1), there 

22 is authorized to be expended to carry out this sub23 section such sums as may be necessary for each of 

24 fiscal years 2010, 2011, and 2012. 

25 ‘‘(15) REGULATIONS.— 


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

2 shall issue regulations to carry out this sub3 section. 

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

5 shall specify the date on which the requirements 

6 of this subsection take effect and the date on 

7 which the requirements of subsection (h) cease 

8 to be effective. 

9 ‘‘(C) EXCEPTIONS.—Notwithstanding sub10 paragraph (B)— 

11 ‘‘(i) the Administrator shall begin to 

12 establish the database under paragraph (2) 

13 not later than 90 days after the date of en14 actment of this paragraph; 

15 ‘‘(ii) the Administrator shall maintain 

16 records in accordance with paragraph (5) 

17 beginning on the date of enactment of this 

18 paragraph; and 

19 ‘‘(iii) air carriers and other persons 

20 shall maintain records to be reported to 

21 the database under paragraph (4)(B) be22 ginning on such date of enactment.’’. 

23 (c) CONFORMING AMENDMENTS.— 


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1 (1) LIMITATION ON LIABILITY; PREEMPTION OF

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

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

4 (A) in the subsection heading by striking 

5 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

6 (B) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A) by striking ‘‘paragraph (2)’’ and 

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

10 (ii) in subparagraph (A) by inserting 

11 ‘‘or accessing the records of that individual 

12 under subsection (i)(1)’’ before the semi13 colon; and 

14 (iii) in the matter following subpara15 graph (D) by striking ‘‘subsection (h)’’ and 

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

17 (C) in paragraph (2) by striking ‘‘sub18 section (h)’’ and inserting ‘‘subsection (h) or 

19 (i)’’; 

20 (D) in paragraph (3), in the matter pre21 ceding subparagraph (A), by inserting ‘‘or who 

22 furnished information to the database estab23 lished under subsection (i)(2)’’ after ‘‘sub24 section (h)(1)’’; and 

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


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1 ‘‘(4) PROHIBITION ON ACTIONS AND PRO2 CEEDINGS AGAINST AIR CARRIERS.— 

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

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

5 individual did not provide written consent for 

6 the air carrier to receive records under sub7 section (h)(2)(A) or (i)(3)(A) or did not execute 

8 the release from liability requested under sub9 section (h)(2)(B) or (i)(3)(B). 

10 ‘‘(B) ACTIONS AND PROCEEDINGS.—No 

11 action or proceeding may be brought against an 

12 air carrier by or on behalf of an individual who 

13 has applied for or is seeking a position as a 

14 pilot with the air carrier if the air carrier re15 fused to hire the individual after the individual 

16 did not provide written consent for the air car17 rier to receive records under subsection 

18 (h)(2)(A) or (i)(3)(A) or did not execute a re19 lease from liability requested under subsection 

20 (h)(2)(B) or (i)(3)(B).’’. 

21 (2) LIMITATION ON STATUTORY CONSTRUC22 TION.—Section 44703(k) (as redesignated by sub23 section (b)(1) of this section) is amended by striking 

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

25 (i)’’. 


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1 SEC. 7. FAA RULEMAKING ON TRAINING PROGRAMS. 

2 (a) COMPLETION OF RULEMAKING ON TRAINING

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

4 enactment of this Act, the Administrator of the Federal 

5 Aviation Administration shall issue a final rule with re6 spect to the notice of proposed rulemaking published in 

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

8 1280; relating to training programs for flight crew9 members and aircraft dispatchers). 

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

11 135 TRAINING HOURS.— 

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

13 after the date of enactment of this Act, the Adminis14 trator shall convene a multidisciplinary expert panel 

15 comprised of, at a minimum, air carrier representa16 tives, training facility representatives, instructional 

17 design experts, aircraft manufacturers, safety orga18 nization representatives, and labor union representa19 tives. 

20 (2) ASSESSMENT AND RECOMMENDATIONS.— 

21 The panel shall assess and make recommendations 

22 concerning— 

23 (A) the best methods and optimal time 

24 needed for flight crewmembers of part 121 air 

25 carriers and flight crewmembers of part 135 air 

26 carriers to master aircraft systems, maneuvers, 


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1 procedures, take offs and landings, and crew co2 ordination; 

3 (B) the optimal length of time between 

4 training events for such crewmembers, includ5 ing recurrent training events; and 

6 (C) the best methods to reliably evaluate 

7 mastery by such crewmembers of aircraft sys8 tems, maneuvers, procedures, take offs and 

9 landings, and crew coordination. 

10 (3) REPORT.—Not later than one year after the 

11 date of enactment of this Act, the Administrator 

12 shall submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives, 

14 the Committee on Commerce, Science, and Trans15 portation of the Senate, and the National Transpor16 tation Safety Board a report based on the findings 

17 of the panel. 

18 SEC. 8. AVIATION SAFETY INSPECTORS AND OPERATIONAL 

19 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 aviation safety inspec24 tors and operational research analysts of the Federal Avia25 tion Administration assigned to part 121 air carriers and 


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1 submit to the Administrator of the Federal Aviation Ad2 ministration 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 such car12 riers; 

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

15 carriers; 

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 air carriers; 

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 allowing access by aviation 

10 safety inspectors and operational research analysts 

11 to assist in the oversight of part 121 air carriers; 

12 and 

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

15 the review. 

16 (c) REPORT TO CONGRESS.—Not later than 90 days 

17 after the date of receipt of the report submitted under sub18 section (a), the Administrator shall submit to the Com19 mittee on Transportation and Infrastructure of the House 

20 of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate a report— 

22 (1) that specifies which, if any, policy changes 

23 recommended by the Inspector General under this 

24 section the Administrator intends to adopt and im25 plement; 


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1 (2) that includes an explanation of how the Ad2 ministrator plans to adopt and implement such pol3 icy changes; and 

4 (3) in any case in which the Administrator does 

5 not intend to adopt a policy change recommended by 

6 the Inspector General, that includes an explanation 

7 of the reasons for the decision not to adopt and im8 plement the policy change. 

9 SEC. 9. FLIGHT CREWMEMBER MENTORING, PROFES10 SIONAL DEVELOPMENT, AND LEADERSHIP. 

11 (a) RULEMAKING PROCEEDING.— 

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

13 Federal Aviation Administration shall conduct a 

14 rulemaking proceeding to require each part 121 air 

15 carrier to take the following actions: 

16 (A) Establish flight crewmember men17 toring programs under which the air carrier will 

18 pair highly experienced flight crewmembers who 

19 will serve as mentor pilots and be paired with 

20 newly employed flight crewmembers. Mentor pi21 lots shall receive, at a minimum, specific in22 struction on techniques for instilling and rein23 forcing the highest standards of technical per24 formance, airmanship, and professionalism in 

25 newly employed flight crewmembers. 


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1 (B) Establish flight crewmember profes2 sional development committees made up of air 

3 carrier management and labor union or profes4 sional association representatives to develop, ad5 minister, and oversee formal mentoring pro6 grams of the carrier to assist flight crew7 members to reach their maximum potential as 

8 safe, seasoned, and proficient flight crew9 members. 

10 (C) Establish or modify training programs 

11 to accommodate substantially different levels 

12 and types of flight experience by newly em13 ployed flight crewmembers. 

14 (D) Establish or modify training programs 

15 for second-in-command flight crewmembers at16 tempting to qualify as pilot-in-command flight 

17 crewmembers for the first time in a specific air18 craft type and ensure that such programs in19 clude leadership and command training. 

20 (E) Ensure that recurrent training for pi21 lots in command includes leadership and com22 mand training. 

23 (F) Such other actions as the Adminis24 trator determines appropriate to enhance flight 

25 crewmember professional development. 


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1 (2) COMPLIANCE WITH STERILE COCKPIT

2 RULE.—Leadership and command training described 

3 in paragraphs (1)(D) and (1)(E) shall include in4 struction on compliance with flight crewmember du5 ties under part 121.542 of title 14, Code of Federal 

6 Regulations. 

7 (3) STREAMLINED PROGRAM REVIEW.— 

8 (A) IN GENERAL.—As part of the rule9 making required by subsection (a), the Admin10 istrator shall establish a streamlined process for 

11 part 121 air carriers that have in effect, as of 

12 the date of enactment of this Act, the programs 

13 required by paragraph (1). 

14 (B) EXPEDITED APPROVALS.—Under the 

15 streamlined process, the Administrator shall— 

16 (i) review the programs of such part 

17 121 air carriers to determine whether the 

18 programs meet the requirements set forth 

19 in the final rule referred to in subsection 

20 (b)(2); and 

21 (ii) expedite the approval of the pro22 grams that the Administrator determines 

23 meet such requirements. 

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


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

2 enactment of this Act, a notice of proposed rule3 making under subsection (a); and 

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

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

6 SEC. 10. 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 pre-employ20 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 license under part 61 of title 14, Code 

7 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 SEC. 11. FLIGHT SCHOOLS, FLIGHT EDUCATION, AND PILOT 

18 ACADEMIC TRAINING. 

19 (a) GAO STUDY.—The Comptroller General shall 

20 conduct a comprehensive study of flight schools, flight 

21 education, and academic training requirements for certifi22 cation of an individual as a pilot. 

23 (b) MINIMUM CONTENTS OF STUDY.—The study 

24 shall include, at a minimum— 


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1 (1) an assessment of the Federal Aviation Ad2 ministration’s oversight of flight schools; 

3 (2) an assessment of the Administration’s aca4 demic training requirements in effect on the date of 

5 enactment of this Act as compared to flight edu6 cation provided to a pilot by accredited 2- and 4- 

7 year universities; 

8 (3) a comparison of the academic training re9 quirements for pilots in the United States to the 

10 academic training requirements for pilots in other 

11 countries; 

12 (4) a determination and description of any im13 provements that may be needed in the Administra14 tion’s academic training requirements for pilots; 

15 (5) an assessment of student financial aid and 

16 loan options available to individuals interested in en17 rolling at a flight school for both academic and flight 

18 hour training; 

19 (6) an assessment of the Federal Aviation Ad20 ministration’s oversight of general aviation flight 

21 schools that offer or would like to offer training pro22 grams under part 142 of title 14, Code of Federal 

23 Regulations; and 

24 (7) an assessment of whether compliance with 

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1 lots under part 61 of such title is adequately tested 

2 and enforced. 

3 (c) REPORT.—Not later than 120 days after the date 

4 of enactment of this Act, the Comptroller General shall 

5 submit to the Committee on Transportation and Infra6 structure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate a report on the results of the study. 

9 SEC. 12. VOLUNTARY SAFETY PROGRAMS. 

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

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

12 Aviation Administration shall submit to the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Commerce, Science 

15 and Transportation of the Senate a report on the aviation 

16 safety action program, the flight operational quality assur17 ance program, the line operations safety audit, and the 

18 advanced qualification program. 

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

20 (1) a list of— 

21 (A) which air carriers are using one or 

22 more of the voluntary safety programs referred 

23 to in subsection (a); and 

24 (B) the voluntary safety programs each air 

25 carrier is using; 


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

2 of the voluntary safety programs— 

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

4 not using; and 

5 (B) the reasons the carrier is not using 

6 each such program; 

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

8 voluntary safety programs, an explanation of the 

9 benefits and challenges of using each such program; 

10 (4) a detailed analysis of how the Administra11 tion is using data derived from each of the voluntary 

12 safety programs as safety analysis and accident or 

13 incident prevention tools and a detailed plan on how 

14 the Administration intends to expand data analysis 

15 of such programs; 

16 (5) an explanation of— 

17 (A) where the data derived from such pro18 grams is stored; 

19 (B) how the data derived from such pro20 grams is protected and secured; and 

21 (C) what data analysis processes air car22 riers are implementing to ensure the effective 

23 use of the data derived from such programs; 

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

25 safety inspectors are able to review data derived 


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1 from such programs to enhance their oversight re2 sponsibilities; 

3 (7) a description of how the Administration 

4 plans to incorporate operational trends identified 

5 under such programs into the air transport oversight 

6 system and other surveillance databases so that such 

7 system and databases are more effectively utilized; 

8 (8) other plans to strengthen such programs, 

9 taking into account reviews of such programs by the 

10 Inspector General of the Department of Transpor11 tation; and 

12 (9) such other matters as the Administrator de13 termines are appropriate. 

14 SEC. 13. ASAP AND FOQA IMPLEMENTATION PLAN. 

15 (a) DEVELOPMENT AND IMPLEMENTATION PLAN.— 

16 The Administrator of the Federal Aviation Administration 

17 shall develop and implement a plan to facilitate the estab18 lishment of an aviation safety action program and a flight 

19 operational quality assurance program by all part 121 air 

20 carriers. 

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

22 the plan under subsection (a), the Administrator shall con23 sider— 

24 (1) how the Administration can assist part 121 

25 air carriers with smaller fleet sizes to derive benefit 


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1 from establishing a flight operational quality assur2 ance program; 

3 (2) how part 121 air carriers with established 

4 aviation safety action and flight operational quality 

5 assurance programs can quickly begin to report data 

6 into the aviation safety information analysis sharing 

7 database; and 

8 (3) how part 121 air carriers and aviation safe9 ty inspectors can better utilize data from such data10 base as accident and incident prevention tools. 

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

12 of enactment of this Act, the Administrator shall submit 

13 to the Committee on Transportation and Infrastructure 

14 of the House of Representatives and the Committee on 

15 Science, Commerce, and Transportation of the Senate a 

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

17 explanation of how the Administration will implement the 

18 plan. 

19 (d) DEADLINE FOR BEGINNING IMPLEMENTATION

20 OF PLAN.—Not later than one year after the date of en21 actment of this Act, the Administrator shall begin imple22 mentation of the plan developed under subsection (a). 

23 SEC. 14. SAFETY MANAGEMENT SYSTEMS. 

24 (a) RULEMAKING.—The Administrator of the Fed25 eral Aviation Administration shall conduct a rulemaking 


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1 proceeding to require all part 121 air carriers to imple2 ment a safety management system. 

3 (b) MATTERS TO CONSIDER.—In conducting the rule4 making under subsection (a), the Administrator shall con5 sider including each of the following as a part of the safety 

6 management system: 

7 (1) An aviation safety action program. 

8 (2) A flight operational quality assurance pro9 gram. 

10 (3) A line operations safety audit. 

11 (4) An advanced qualification program. 

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

13 (1) not later than 90 days after the date of en14 actment of this Act, a notice of proposed rulemaking 

15 under subsection (a); and 

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

17 enactment of this Act, a final rule under subsection 

18 (a). 

19 (d) SAFETY MANAGEMENT SYSTEM DEFINED.—In 

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

21 the program established by the Federal Aviation Adminis22 tration in Advisory Circular 120–92, dated June 22, 2006, 

23 including any subsequent revisions thereto. 


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1 SEC. 15. DISCLOSURE OF AIR CARRIERS OPERATING 

2 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS3 PORTATION. 

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

5 amended by adding at the end the following: 

6 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

7 TICKETS FOR FLIGHTS.— 

8 ‘‘(1) IN GENERAL.—It shall be an unfair or de9 ceptive practice under subsection (a) for any ticket 

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

11 offering to sell tickets for air transportation on a 

12 flight of an air carrier to not disclose, whether ver13 bally in oral communication or in writing in written 

14 or electronic communication, prior to the purchase 

15 of a ticket— 

16 ‘‘(A) the name (including any business or 

17 corporate name) of the air carrier providing the 

18 air transportation; and 

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

20 segment, the name of each air carrier providing 

21 the air transportation for each such flight seg22 ment. 

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

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

25 Internet Web site, disclosure of the information re26 quired by paragraph (1) shall be provided on the 


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

2 requested itinerary in a format that is easily visible 

3 to a viewer.’’. 

4 SEC. 16. PILOT FATIGUE. 

5 (a) FLIGHT AND DUTY TIME REGULATIONS.— 

6 (1) IN GENERAL.—In accordance with para7 graph (3), the Administrator of the Federal Aviation 

8 Administration shall issue regulations, based on the 

9 best available scientific information— 

10 (A) to specify limitations on the hours of 

11 flight and duty time allowed for pilots to ad12 dress problems relating to pilot fatigue; and 

13 (B) to require part 121 air carriers to de14 velop and implement fatigue risk management 

15 plans. 

16 (2) MATTERS TO BE ADDRESSED.—In con17 ducting the rulemaking proceeding under this sub18 section, the Administrator shall consider and review 

19 the following: 

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

21 (B) Number of takeoff and landings in a 

22 duty period. 

23 (C) Number of time zones crossed in a 

24 duty period. 


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1 (D) The impact of functioning in multiple 

2 time zones or on different daily schedules. 

3 (E) Research conducted on fatigue, sleep, 

4 and circadian rhythms. 

5 (F) Sleep and rest requirements rec6 ommended by the National Transportation 

7 Safety Board and the National Aeronautics and 

8 Space Administration. 

9 (G) International standards regarding 

10 flight schedules and duty periods. 

11 (H) Alternative procedures to facilitate 

12 alertness in the cockpit. 

13 (I) Scheduling and attendance policies and 

14 practices, including sick leave. 

15 (J) The effects of commuting, the means 

16 of commuting, and the length of the commute. 

17 (K) Medical screening and treatment. 

18 (L) Rest environments. 

19 (M) Any other matters the Administrator 

20 considers appropriate. 

21 (3) DEADLINES.—The Administrator shall 

22 issue— 

23 (A) not later than 30 days after the date 

24 of enactment of this Act, a notice of proposed 

25 rulemaking under subsection (a); 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 sub3 section (a). 

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 sec8 tion, each part 121 air carrier shall submit to the 

9 Administrator for review and approval a fatigue risk 

10 management plan. 

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 that enables the man17 agement of fatigue, including annual training to 

18 increase awareness of— 

19 (i) fatigue; 

20 (ii) the effects of fatigue on pilots; 

21 and 

22 (iii) fatigue countermeasures. 

23 (C) Development and use of a methodology 

24 that continually assesses the effectiveness of the 

25 program, including the ability of the program— 


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1 (i) to improve alertness; and 

2 (ii) to mitigate performance errors. 

3 (3) PLAN UPDATES.—A part 121 air carrier 

4 shall update its fatigue risk management plan under 

5 paragraph (1) every 2 years and submit the update 

6 to the Administrator for review and approval. 

7 (4) APPROVAL.— 

8 (A) INITIAL APPROVAL OR MODIFICA9 TION.—Not later than 9 months after the date 

10 of enactment of this section, the Administrator 

11 shall review and approve or require modification 

12 to fatigue risk management plans submitted 

13 under this subsection to ensure that pilots are 

14 not operating aircraft while fatigued. 

15 (B) UPDATE APPROVAL OR MODIFICA16 TION.—Not later than 9 months after submis17 sion of a plan update under paragraph (3), the 

18 Administrator shall review and approve or re19 quire modification to such update. 

20 (5) CIVIL PENALTIES.—A violation of this sub21 section by a part 121 air carrier shall be treated as 

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

23 Code, for purposes of the application of civil pen24 alties under chapter 463 of that title. 


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1 (6) LIMITATION ON APPLICABILITY.—The re2 quirements of this subsection shall cease to apply to 

3 a part 121 air carrier on and after the effective date 

4 of the regulations to be issued under subsection (a). 

5 (c) EFFECT OF COMMUTING ON FATIGUE.— 

6 (1) IN GENERAL.—Not later than 3 months 

7 after the date of enactment of this Act, the Adminis8 trator shall enter into appropriate arrangements 

9 with the National Academy of Sciences to conduct a 

10 study of the effects of commuting on pilot fatigue 

11 and report its findings to the Administrator. 

12 (2) STUDY.—In conducting the study, the Na13 tional Academy of Sciences shall consider— 

14 (A) the prevalence of pilot commuting in 

15 the commercial air carrier industry, including 

16 the number and percentage of pilots who com17 mute; 

18 (B) information relating to commuting by 

19 pilots, including distances traveled, time zones 

20 crossed, time spent, and methods used; 

21 (C) research on the impact of commuting 

22 on pilot fatigue, sleep, and circadian rhythms; 

23 (D) commuting policies of commercial air 

24 carriers (including passenger and all-cargo air 


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1 carriers), including pilot check-in requirements 

2 and sick leave and fatigue policies; 

3 (E) post-conference materials from the 

4 Federal Aviation Administration’s June 2008 

5 symposium entitled ‘‘Aviation Fatigue Manage6 ment Symposium: Partnerships for Solutions’’; 

7 (F) Federal Aviation Administration and 

8 international policies and guidance regarding 

9 commuting; and 

10 (G) any other matters as the Adminis11 trator considers appropriate. 

12 (3) PRELIMINARY FINDINGS.—Not later than 

13 120 days after the date of entering into arrange14 ments under paragraph (1), the National Academy 

15 of Sciences shall submit to the Administrator its 

16 preliminary findings under the study. 

17 (4) REPORT.—Not later than 6 months after 

18 the date of entering into arrangements under para19 graph (1), the National Academy of Sciences shall 

20 submit to the Administrator a report containing its 

21 findings under the study and any recommendations 

22 for regulatory or administrative actions by the Fed23 eral Aviation Administration concerning commuting 

24 by pilots. 


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1 (5) RULEMAKING.—Following receipt of the re2 port of the National Academy of Sciences under 

3 paragraph (4), the Administrator shall— 

4 (A) consider the findings and recommenda5 tions in the report; and 

6 (B) update, as appropriate based on sci7 entific data, regulations required by subsection 

8 (a) on flight and duty time. 

9 (6) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated such sums 

11 as may be necessary to carry out this subsection. 

12 SEC. 17. FLIGHT CREWMEMBER PAIRING AND CREW RE13 SOURCE MANAGEMENT TECHNIQUES. 

14 (a) STUDY.—The Administrator of the Federal Avia15 tion Administration shall conduct a study on aviation in16 dustry best practices with regard to flight crewmember 

17 pairing and crew resource management techniques. 

18 (b) REPORT.—Not later than one year 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 report on the results of the study. 

Æ 


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