IB 

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 


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A BILL 

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

safety and pilot training, and for other purposes. 


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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.— 

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. 

8 SEC. 2. DEFINITIONS. 

9 (a) DEFINITIONS.—In this Act, the following defini10 tions apply: 

11 (1) ADVANCED QUALIFICATION PROGRAM.—The 

12 term ‘‘advanced qualification program’’ means the 

13 program established by the Federal Aviation Admin14 istration in Advisory Circular 120–54A, dated June 

15 23, 2006, including any subsequent revisions there16 to. 


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

2 the meaning given that term in section 40102 of 

3 title 49, United States Code. 

4 (3) AVIATION SAFETY ACTION PROGRAM.—The 

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

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

9 thereto. 

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

11 crewmember’’ has the meaning given that term in 

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

13 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

14 PROGRAM.—The term ‘‘flight operational quality as15 surance program’’ means the program established by 

16 the Federal Aviation Administration in Advisory Cir17 cular 120–82, dated April 12, 2004, including any 

18 subsequent revisions thereto. 

19 (6) LINE OPERATIONS SAFETY AUDIT.—The 

20 term ‘‘line operations safety audit’’ means the proce21 dure referenced by the Federal Aviation Administra22 tion in Advisory Circular 120–90, dated April 27, 

23 2006, including any subsequent revisions thereto. 

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

25 121 air carrier’’ means an air carrier that holds a 


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

2 Federal Regulations. 

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

4 135 air carrier’’ means an air carrier that holds a 

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

6 Federal Regulations. 

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

8 PILOT TRAINING. 

9 (a) ESTABLISHMENT.—The Administrator of the 

10 Federal Aviation Administration shall establish a special 

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

12 Carrier Safety and Pilot Training’’ (in this section re13 ferred to as the ‘‘Task Force’’). 

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

15 members appointed by the Administrator and shall include 

16 air carrier representatives, labor union representatives, 

17 and aviation safety experts with knowledge of foreign and 

18 domestic regulatory requirements for flight crewmember 

19 education and training. 

20 (c) DUTIES.—The duties of the Task Force shall in21 clude, at a minimum, evaluating best practices in the air 

22 carrier industry and providing recommendations in the fol23 lowing areas: 

24 (1) Air carrier management responsibilities for 

25 flight crewmember education and support. 


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1 (2) Flight crewmember professional standards. 

2 (3) Flight crewmember training standards and 

3 performance. 

4 (4) Mentoring and information sharing between 

5 air carriers. 

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

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

8 180-day period thereafter until termination of the Task 

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

10 Transportation and Infrastructure of the House of Rep11 resentatives and the Committee on Commerce, Science, 

12 and Transportation of the Senate a report detailing— 

13 (1) the progress of the Task Force in identi14 fying best practices in the air carrier industry; 

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

16 in implementing the best practices identified by the 

17 Task Force; 

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

19 for legislative or regulatory actions; 

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

21 in implementing training-related, nonregulatory ac22 tions recommended by the Administrator; and 

23 (5) the progress of air carriers in developing 

24 specific programs to share safety data and ensure 


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1 implementation of the most effective safety prac2 tices. 

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

4 on September 30, 2012. 

5 (f) APPLICABILITY OF FEDERAL ADVISORY COM6 MITTEE ACT.—The Federal Advisory Committee Act (5 

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

8 SEC. 4. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER 

9 TRAINING RECOMMENDATIONS. 

10 (a) RULEMAKING PROCEEDINGS.— 

11 (1) STALL AND UPSET RECOGNITION AND RE12 COVERY TRAINING.—The Administrator of the Fed13 eral Aviation Administration shall conduct a rule14 making proceeding to require part 121 air carriers 

15 to provide flight crewmembers with ground training 

16 and flight training— 

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

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

19 stall; and 

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

21 aircraft or, if not avoided, to execute such tech22 niques as available data indicate are appro23 priate to recover from the upset in a given 

24 make, model, and series of aircraft. 


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1 (2) REMEDIAL TRAINING PROGRAMS.—The Ad2 ministrator shall conduct a rulemaking proceeding to 

3 require part 121 air carriers to establish remedial 

4 training programs for flight crewmembers who have 

5 demonstrated performance deficiencies or experi6 enced failures in the training environment. 

7 (3) DEADLINES.—The Administrator shall— 

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

9 of enactment of this Act, issue a notice of pro10 posed rulemaking under each of paragraphs (1) 

11 and (2); and 

12 (B) not later than 24 months after the 

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

14 for the rulemaking in each of paragraphs (1) 

15 and (2). 

16 (b) STICK PUSHER TRAINING AND WEATHER EVENT

17 TRAINING.— 

18 (1) MULTIDISCIPLINARY PANEL.—Not later 

19 than 120 days after the date of enactment of this 

20 Act, the Administrator shall convene a multidisci21 plinary panel of specialists in aircraft operations, 

22 flight crewmember training, human factors, and 

23 aviation safety to study and submit to the Adminis24 trator a report on methods to increase the famili25 arity of flight crewmembers with, and improve the 


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1 response of flight crewmembers to, stick pusher sys2 tems, icing conditions, and microburst and 

3 windshear weather events. 

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

5 later than one year after the date on which the Ad6 ministrator convenes the panel, the Administrator 

7 shall— 

8 (A) submit to the Committee on Transpor9 tation and Infrastructure of the House of Rep10 resentatives, the Committee on Commerce, 

11 Science, and Transportation of the Senate, and 

12 the National Transportation Safety Board a re13 port based on the findings of the panel; and 

14 (B) with respect to stick pusher systems, 

15 initiate appropriate actions to implement the 

16 recommendations of the panel. 

17 (3) STICK PUSHER DEFINED.—In this sub18 section, the term ‘‘stick pusher’’ means a device 

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

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

21 decrease the aircraft’s angle of attack. 

22 SEC. 5. SECRETARY OF TRANSPORTATION RESPONSES TO 

23 SAFETY RECOMMENDATIONS. 

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

25 1135(a) of title 49, United States Code, is amended by 


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

2 after ‘‘shall give’’. 

3 (b) AIR CARRIER SAFETY RECOMMENDATIONS.— 

4 Section 1135 of such title is amended— 

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

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

7 (2) by inserting after subsection (b) the fol8 lowing: 

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

10 RECOMMENDATIONS.— 

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

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

13 report on the recommendations made by the Board 

14 to the Secretary regarding air carrier operations 

15 conducted under part 121 of title 14, Code of Fed16 eral Regulations. 

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

18 The report shall cover— 

19 ‘‘(A) any recommendation for which the 

20 Secretary has developed, or intends to develop, 

21 procedures to adopt the recommendation or 

22 part of the recommendation, but has yet to 

23 complete the procedures; and 

24 ‘‘(B) any recommendation for which the 

25 Secretary, in the preceding year, has issued a 


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1 response under subsection (a)(2) or (a)(3) re2 fusing to carry out all or part of the procedures 

3 to adopt the recommendation. 

4 ‘‘(3) CONTENTS.— 

5 ‘‘(A) PLANS TO ADOPT RECOMMENDA6 TIONS.—For each recommendation of the 

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

8 shall contain— 

9 ‘‘(i) a description of the recommenda10 tion; 

11 ‘‘(ii) a description of the procedures 

12 planned for adopting the recommendation 

13 or part of the recommendation; 

14 ‘‘(iii) the proposed date for completing 

15 the procedures; and 

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

17 deadline contained in a proposed timeline 

18 developed in connection with the rec19 ommendation under subsection (b), an ex20 planation for not meeting the deadline. 

21 ‘‘(B) REFUSALS TO ADOPT RECOMMENDA22 TIONS.—For each recommendation of the 

23 Board described in paragraph (2)(B), the re24 port shall contain— 


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

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

4 the refusal to carry out all or part of the 

5 procedures to adopt the recommendation.’’. 

6 SEC. 6. FAA PILOT RECORDS DATABASE. 

7 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI8 CANTS.—Section 44703(h) of title 49, United States Code, 

9 is amended by adding at the end the following: 

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

11 cease to be effective on the date specified in regula12 tions issued under subsection (i).’’. 

13 (b) ESTABLISHMENT OF FAA PILOT RECORDS

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

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

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

17 (2) by inserting after subsection (h) the fol18 lowing: 

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

20 ‘‘(1) IN GENERAL.—Before allowing an indi21 vidual to begin service as a pilot, an air carrier shall 

22 access and evaluate, in accordance with the require23 ments of this subsection, information pertaining to 

24 the individual from the pilot records database estab25 lished under paragraph (2). 


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1 ‘‘(2) PILOT RECORDS DATABASE.—The Admin2 istrator shall establish an electronic database (in this 

3 subsection referred to as the ‘database’) containing 

4 the following records: 

5 ‘‘(A) FAA RECORDS.—From the Adminis6 trator— 

7 ‘‘(i) records that are maintained by 

8 the Administrator concerning current air9 man certificates, including airman medical 

10 certificates and associated type ratings and 

11 information on any limitations to those 

12 certificates and ratings; 

13 ‘‘(ii) records that are maintained by 

14 the Administrator concerning any failed at15 tempt of an individual to pass a practical 

16 test required to obtain a certificate or type 

17 rating under part 61 of title 14, Code of 

18 Federal Regulations; and 

19 ‘‘(iii) summaries of legal enforcement 

20 actions resulting in a finding by the Ad21 ministrator of a violation of this title or a 

22 regulation prescribed or order issued under 

23 this title that was not subsequently over24 turned. 


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1 ‘‘(B) AIR CARRIER AND OTHER

2 RECORDS.—From any air carrier or other per3 son (except a branch of the Armed Forces, the 

4 National Guard, or a reserve component of the 

5 Armed Forces) that has employed an individual 

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

7 the trustee in bankruptcy for such air carrier or 

8 person— 

9 ‘‘(i) records pertaining to the indi10 vidual that are maintained by the air car11 rier (other than records relating to flight 

12 time, duty time, or rest time) under regu13 lations set forth in— 

14 ‘‘(I) section 121.683 of title 14, 

15 Code of Federal Regulations; 

16 ‘‘(II) paragraph (A) of section 

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

18 ‘‘(III) paragraph (A) of section 

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

20 ‘‘(IV) section 125.401 of such 

21 title; and 

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

23 title; and 

24 ‘‘(ii) other records pertaining to the 

25 individual’s performance as a pilot that are 


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1 maintained by the air carrier or person 

2 concerning— 

3 ‘‘(I) the training, qualifications, 

4 proficiency, or professional com5 petence of the individual, including 

6 comments and evaluations made by a 

7 check airman designated in accord8 ance with section 121.411, 125.295, 

9 or 135.337 of such title; 

10 ‘‘(II) any disciplinary action 

11 taken with respect to the individual 

12 that was not subsequently overturned; 

13 and 

14 ‘‘(III) any release from employ15 ment or resignation, termination, or 

16 disqualification with respect to em17 ployment. 

18 ‘‘(C) NATIONAL DRIVER REGISTER

19 RECORDS.—In accordance with section 

20 30305(b)(8) of this title, from the chief driver 

21 licensing official of a State, information con22 cerning the motor vehicle driving record of the 

23 individual. 

24 ‘‘(3) WRITTEN CONSENT; RELEASE FROM LI25 ABILITY.—An air carrier— 


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

2 individual before accessing records pertaining to 

3 the individual under paragraph (1); and 

4 ‘‘(B) may, notwithstanding any other pro5 vision of law or agreement to the contrary, re6 quire an individual with respect to whom the 

7 carrier is accessing records under paragraph (1) 

8 to execute a release from liability for any claim 

9 arising from accessing the records or the use of 

10 such records by the air carrier (other than a 

11 claim arising from furnishing information 

12 known to be false and maintained in violation 

13 of a criminal statute). 

14 ‘‘(4) REPORTING.— 

15 ‘‘(A) REPORTING BY ADMINISTRATOR.— 

16 The Administrator shall enter data described in 

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

18 ensure that an individual’s records are current. 

19 ‘‘(B) REPORTING BY AIR CARRIERS AND

20 OTHER PERSONS.— 

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

22 other persons shall report data described 

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

24 Administrator promptly for entry into the 

25 database. 


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1 ‘‘(ii) DATA TO BE REPORTED.—Air 

2 carriers and other persons shall report, at 

3 a minimum, under clause (i) the following 

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

5 ‘‘(I) Records that are generated 

6 by the air carrier or other person 

7 after the date of enactment of this 

8 paragraph. 

9 ‘‘(II) Records that the air carrier 

10 or other person is maintaining, on 

11 such date of enactment, pursuant to 

12 subsection (h)(4). 

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

14 The Administrator— 

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

16 the database under paragraph (2) pertaining to 

17 an individual until the date of receipt of notifi18 cation that the individual is deceased; and 

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

20 from the database after that date. 

21 ‘‘(6) RECEIPT OF CONSENT.—The Adminis22 trator shall not permit an air carrier to access 

23 records pertaining to an individual from the data24 base under paragraph (1) without the air carrier 

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1 istrator that the air carrier has obtained the written 

2 consent of the individual. 

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

4 RECORDS AND CORRECT INACCURACIES.—Notwith5 standing any other provision of law or agreement, 

6 the Administrator, upon receipt of written request 

7 from an individual— 

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

9 30 days after the date of the request, to the in10 dividual for review all records referred to in 

11 paragraph (2) pertaining to the individual; and 

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

13 reasonable opportunity to submit written com14 ments to correct any inaccuracies contained in 

15 the records. 

16 ‘‘(8) REASONABLE CHARGES FOR PROCESSING

17 REQUESTS AND FURNISHING COPIES.—The Adminis18 trator may establish a reasonable charge for the cost 

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

20 and for the cost of furnishing copies of requested 

21 records under paragraph (7). 

22 ‘‘(9) PRIVACY PROTECTIONS.— 

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

24 that accesses records pertaining to an individual 

25 under paragraph (1) may use the records only 


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1 to assess the qualifications of the individual in 

2 deciding whether or not to hire the individual as 

3 a pilot. The air carrier shall take such actions 

4 as may be necessary to protect the privacy of 

5 the individual and the confidentiality of the 

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

8 to any individual that is not directly involved in 

9 the hiring decision. 

10 ‘‘(B) DISCLOSURE OF INFORMATION.— 

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

13 by the Administrator under paragraph (2) 

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

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

17 not apply to— 

18 ‘‘(I) de-identified, summarized in19 formation to explain the need for 

20 changes in policies and regulations; 

21 ‘‘(II) information to correct a 

22 condition that compromises safety; 

23 ‘‘(III) information to carry out a 

24 criminal investigation or prosecution; 


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1 ‘‘(IV) information to comply with 

2 section 44905, regarding information 

3 about threats to civil aviation; and 

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

6 withholding the information would not 

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

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

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

13 the Administrator shall transmit to Congress a 

14 statement that contains, taking into account recent 

15 developments in the aviation industry— 

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

18 Aviation Administration records, air carrier 

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

21 ‘‘(B) reasons why the Administrator does 

22 not recommend any proposed changes to the 

23 records referred to in subparagraph (A). 


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

4 ‘‘(A) to protect and secure— 

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

7 paragraph (1); and 

8 ‘‘(ii) the confidentiality of those 

9 records; and 

10 ‘‘(B) to preclude the further dissemination 

11 of records received under paragraph (1) by the 

12 person who accessed the records. 

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

15 individual to begin service as a pilot, without first 

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

17 from the database pertaining to the individual, if— 

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

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

22 Administrator that the information is not con23 tained in the database because the individual 

24 was employed by an air carrier or other person 

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1 ment or other entity that has not provided the 

2 information to the database. 

3 ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO

4 RECORDS.— 

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

7 of increasing timely and efficient access to 

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

10 the Administrator, an individual designated by 

11 an air carrier to have electronic access to the 

12 database. 

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

14 the Administrator under subparagraph (A) for 

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

17 access to instances in which information in the 

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

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

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


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1 ‘‘(ii) information obtained using such 

2 access will not be used for any purpose 

3 other than making the hiring decision. 

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

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

6 is authorized to be expended to carry out this sub7 section such sums as may be necessary for each of 

8 fiscal years 2010, 2011, and 2012. 

9 ‘‘(15) REGULATIONS.— 

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

11 shall issue regulations to carry out this sub12 section. 

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

14 shall specify the date on which the requirements 

15 of this subsection take effect and the date on 

16 which the requirements of subsection (h) cease 

17 to be effective. 

18 ‘‘(C) EXCEPTIONS.—Notwithstanding sub19 paragraph (B)— 

20 ‘‘(i) the Administrator shall begin to 

21 establish the database under paragraph (2) 

22 not later than 90 days after the date of en23 actment of this paragraph; 

24 ‘‘(ii) the Administrator shall maintain 

25 records in accordance with paragraph (5) 


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1 beginning on the date of enactment of this 

2 paragraph; and 

3 ‘‘(iii) air carriers and other persons 

4 shall maintain records to be reported to 

5 the database under paragraph (4)(B) be6 ginning on such date of enactment.’’. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) LIMITATION ON LIABILITY; PREEMPTION OF

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

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

11 (A) in the subsection heading by striking 

12 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

13 (B) in paragraph (1)— 

14 (i) in the matter preceding subpara15 graph (A) by striking ‘‘paragraph (2)’’ and 

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

17 (ii) in subparagraph (A) by inserting 

18 ‘‘or accessing the records of that individual 

19 under subsection (i)(1)’’ before the semi20 colon; and 

21 (iii) in the matter following subpara22 graph (D) by striking ‘‘subsection (h)’’ and 

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


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1 (C) in paragraph (2) by striking ‘‘sub2 section (h)’’ and inserting ‘‘subsection (h) or 

3 (i)’’; 

4 (D) in paragraph (3), in the matter pre5 ceding subparagraph (A), by inserting ‘‘or who 

6 furnished information to the database estab7 lished under subsection (i)(2)’’ after ‘‘sub8 section (h)(1)’’; and 

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

10 ‘‘(4) PROHIBITION ON ACTIONS AND PRO11 CEEDINGS AGAINST AIR CARRIERS.— 

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

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

14 individual did not provide written consent for 

15 the air carrier to receive records under sub16 section (h)(2)(A) or (i)(3)(A) or did not execute 

17 the release from liability requested under sub18 section (h)(2)(B) or (i)(3)(B). 

19 ‘‘(B) ACTIONS AND PROCEEDINGS.—No 

20 action or proceeding may be brought against an 

21 air carrier by or on behalf of an individual who 

22 has applied for or is seeking a position as a 

23 pilot with the air carrier if the air carrier re24 fused to hire the individual after the individual 

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1 rier to receive records under subsection 

2 (h)(2)(A) or (i)(3)(A) or did not execute a re3 lease from liability requested under subsection 

4 (h)(2)(B) or (i)(3)(B).’’. 

5 (2) LIMITATION ON STATUTORY CONSTRUC6 TION.—Section 44703(k) (as redesignated by sub7 section (b)(1) of this section) is amended by striking 

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

9 (i)’’. 

10 SEC. 7. FAA RULEMAKING ON TRAINING PROGRAMS. 

11 (a) COMPLETION OF RULEMAKING ON TRAINING

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

13 enactment of this Act, the Administrator of the Federal 

14 Aviation Administration shall issue a final rule with re15 spect to the notice of proposed rulemaking published in 

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

17 1280; relating to training programs for flight crew18 members and aircraft dispatchers). 

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

20 135 TRAINING HOURS.— 

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

22 after the date of enactment of this Act, the Adminis23 trator shall convene a multidisciplinary expert panel 

24 comprised of, at a minimum, air carrier representa25 tives, training facility representatives, instructional 


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1 design experts, aircraft manufacturers, safety orga2 nization representatives, and labor union representa3 tives. 

4 (2) ASSESSMENT AND RECOMMENDATIONS.— 

5 The panel shall assess and make recommendations 

6 concerning— 

7 (A) the best methods and optimal time 

8 needed for flight crewmembers of part 121 air 

9 carriers and flight crewmembers of part 135 air 

10 carriers to master aircraft systems, maneuvers, 

11 procedures, take offs and landings, and crew co12 ordination; 

13 (B) the optimal length of time between 

14 training events for such crewmembers, includ15 ing recurrent training events; and 

16 (C) the best methods to reliably evaluate 

17 mastery by such crewmembers of aircraft sys18 tems, maneuvers, procedures, take offs and 

19 landings, and crew coordination. 

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

21 date of enactment of this Act, the Administrator 

22 shall submit to the Committee on Transportation 

23 and Infrastructure of the House of Representatives, 

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1 tation Safety Board a report based on the findings 

2 of the panel. 

3 SEC. 8. AVIATION SAFETY INSPECTORS AND OPERATIONAL 

4 RESEARCH ANALYSTS. 

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

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

7 Act, the Inspector General of the Department of Trans8 portation shall conduct a review of aviation safety inspec9 tors and operational research analysts of the Federal Avia10 tion Administration assigned to part 121 air carriers and 

11 submit to the Administrator of the Federal Aviation Ad12 ministration a report on the results of the review. 

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

14 at a minimum— 

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

16 oversight of each part 121 air carrier; 

17 (2) to make recommendations to ensure that 

18 each part 121 air carrier is receiving an equivalent 

19 level of oversight; 

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

21 of aviation safety inspectors assigned to such car22 riers; 

23 (4) to evaluate how the Administration is mak24 ing assignments of aviation safety inspectors to such 

25 carriers; 


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1 (5) to review various safety inspector oversight 

2 programs, including the geographic inspector pro3 gram; 

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

5 operational research analysts assigned to each part 

6 121 air carrier; 

7 (7) to evaluate the surveillance responsibilities 

8 of aviation safety inspectors, including en route in9 spections; 

10 (8) to evaluate whether inspectors are able to 

11 effectively use data sources, such as the Safety Per12 formance Analysis System and the Air Transpor13 tation Oversight System, to assist in targeting over14 sight of air carriers; 

15 (9) to assess the feasibility of establishment by 

16 the Administration of a comprehensive repository of 

17 information that encompasses multiple Administra18 tion data sources and allowing access by aviation 

19 safety inspectors and operational research analysts 

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

21 and 

22 (10) to conduct such other analyses as the In23 spector General considers relevant to the purpose of 

24 the review. 


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

2 after the date of receipt of the report submitted under sub3 section (a), the Administrator shall submit to the Com4 mittee on Transportation and Infrastructure of the House 

5 of Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate a report— 

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

8 recommended by the Inspector General under this 

9 section the Administrator intends to adopt and im10 plement; 

11 (2) that includes an explanation of how the Ad12 ministrator plans to adopt and implement such pol13 icy changes; and 

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

15 not intend to adopt a policy change recommended by 

16 the Inspector General, that includes an explanation 

17 of the reasons for the decision not to adopt and im18 plement the policy change. 

19 SEC. 9. FLIGHT CREWMEMBER MENTORING, PROFES20 SIONAL DEVELOPMENT, AND LEADERSHIP. 

21 (a) RULEMAKING PROCEEDING.— 

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

23 Federal Aviation Administration shall conduct a 

24 rulemaking proceeding to require each part 121 air 

25 carrier to take the following actions: 


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1 (A) Establish flight crewmember men2 toring programs under which the air carrier will 

3 pair highly experienced flight crewmembers who 

4 will serve as mentor pilots and be paired with 

5 newly employed flight crewmembers. Mentor pi6 lots shall receive, at a minimum, specific in7 struction on techniques for instilling and rein8 forcing the highest standards of technical per9 formance, airmanship, and professionalism in 

10 newly employed flight crewmembers. 

11 (B) Establish flight crewmember profes12 sional development committees made up of air 

13 carrier management and labor union or profes14 sional association representatives to develop, ad15 minister, and oversee formal mentoring pro16 grams of the carrier to assist flight crew17 members to reach their maximum potential as 

18 safe, seasoned, and proficient flight crew19 members. 

20 (C) Establish or modify training programs 

21 to accommodate substantially different levels 

22 and types of flight experience by newly em23 ployed flight crewmembers. 

24 (D) Establish or modify training programs 

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1 tempting to qualify as pilot-in-command flight 

2 crewmembers for the first time in a specific air3 craft type and ensure that such programs in4 clude leadership and command training. 

5 (E) Ensure that recurrent training for pi6 lots in command includes leadership and com7 mand training. 

8 (F) Such other actions as the Adminis9 trator determines appropriate to enhance flight 

10 crewmember professional development. 

11 (2) COMPLIANCE WITH STERILE COCKPIT

12 RULE.—Leadership and command training described 

13 in paragraphs (1)(D) and (1)(E) shall include in14 struction on compliance with flight crewmember du15 ties under part 121.542 of title 14, Code of Federal 

16 Regulations. 

17 (3) STREAMLINED PROGRAM REVIEW.— 

18 (A) IN GENERAL.—As part of the rule19 making required by subsection (a), the Admin20 istrator shall establish a streamlined process for 

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

22 the date of enactment of this Act, the programs 

23 required by paragraph (1). 

24 (B) EXPEDITED APPROVALS.—Under the 

25 streamlined process, the Administrator shall— 


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1 (i) review the programs of such part 

2 121 air carriers to determine whether the 

3 programs meet the requirements set forth 

4 in the final rule referred to in subsection 

5 (b)(2); and 

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

8 meet such requirements. 

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

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

11 enactment of this Act, a notice of proposed rule12 making under subsection (a); and 

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

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

15 SEC. 10. FLIGHT CREWMEMBER SCREENING AND QUALI16 FICATIONS. 

17 (a) REQUIREMENTS.— 

18 (1) RULEMAKING PROCEEDING.—The Adminis19 trator of the Federal Aviation Administration shall 

20 conduct a rulemaking proceeding to require part 121 

21 air carriers to develop and implement means and 

22 methods for ensuring that flight crewmembers have 

23 proper qualifications and experience. 

24 (2) MINIMUM REQUIREMENTS.— 


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1 (A) PROSPECTIVE FLIGHT CREW2 MEMBERS.—Rules issued under paragraph (1) 

3 shall ensure that prospective flight crew4 members undergo comprehensive pre-employ5 ment screening, including an assessment of the 

6 skills, aptitudes, airmanship, and suitability of 

7 each applicant for a position as a flight crew8 member in terms of functioning effectively in 

9 the air carrier’s operational environment. 

10 (B) ALL FLIGHT CREWMEMBERS.—Rules 

11 issued under paragraph (1) shall ensure that, 

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

13 enactment of this Act, all flight crewmembers— 

14 (i) have obtained an airline transport 

15 pilot license under part 61 of title 14, Code 

16 of Federal Regulations; and 

17 (ii) have appropriate multi-engine air18 craft flight experience, as determined by 

19 the Administrator. 

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

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

22 enactment of this Act, a notice of proposed rule23 making under subsection (a); and 

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

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


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

2 ACADEMIC TRAINING. 

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

4 conduct a comprehensive study of flight schools, flight 

5 education, and academic training requirements for certifi6 cation of an individual as a pilot. 

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

8 shall include, at a minimum— 

9 (1) an assessment of the Federal Aviation Ad10 ministration’s oversight of flight schools; 

11 (2) an assessment of the Administration’s aca12 demic training requirements in effect on the date of 

13 enactment of this Act as compared to flight edu14 cation provided to a pilot by accredited 2- and 4- 

15 year universities; 

16 (3) a comparison of the academic training re17 quirements for pilots in the United States to the 

18 academic training requirements for pilots in other 

19 countries; 

20 (4) a determination and description of any im21 provements that may be needed in the Administra22 tion’s academic training requirements for pilots; 

23 (5) an assessment of student financial aid and 

24 loan options available to individuals interested in en25 rolling at a flight school for both academic and flight 

26 hour training; 


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1 (6) an assessment of the Federal Aviation Ad2 ministration’s oversight of general aviation flight 

3 schools that offer or would like to offer training pro4 grams under part 142 of title 14, Code of Federal 

5 Regulations; and 

6 (7) an assessment of whether compliance with 

7 the English speaking requirements applicable to pi8 lots under part 61 of such title is adequately tested 

9 and enforced. 

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

11 of enactment of this Act, the Comptroller General shall 

12 submit to the Committee on Transportation and Infra13 structure of the House of Representatives and the Com14 mittee on Commerce, Science, and Transportation of the 

15 Senate a report on the results of the study. 

16 SEC. 12. VOLUNTARY SAFETY PROGRAMS. 

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

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

19 Aviation Administration shall submit to the Committee on 

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

22 and Transportation of the Senate a report on the aviation 

23 safety action program, the flight operational quality assur24 ance program, the line operations safety audit, and the 

25 advanced qualification program. 


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

2 (1) a list of— 

3 (A) which air carriers are using one or 

4 more of the voluntary safety programs referred 

5 to in subsection (a); and 

6 (B) the voluntary safety programs each air 

7 carrier is using; 

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

9 of the voluntary safety programs— 

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

11 not using; and 

12 (B) the reasons the carrier is not using 

13 each such program; 

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

15 voluntary safety programs, an explanation of the 

16 benefits and challenges of using each such program; 

17 (4) a detailed analysis of how the Administra18 tion is using data derived from each of the voluntary 

19 safety programs as safety analysis and accident or 

20 incident prevention tools and a detailed plan on how 

21 the Administration intends to expand data analysis 

22 of such programs; 

23 (5) an explanation of— 

24 (A) where the data derived from such pro25 grams is stored; 


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1 (B) how the data derived from such pro2 grams is protected and secured; and 

3 (C) what data analysis processes air car4 riers are implementing to ensure the effective 

5 use of the data derived from such programs; 

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

7 safety inspectors are able to review data derived 

8 from such programs to enhance their oversight re9 sponsibilities; 

10 (7) a description of how the Administration 

11 plans to incorporate operational trends identified 

12 under such programs into the air transport oversight 

13 system and other surveillance databases so that such 

14 system and databases are more effectively utilized; 

15 (8) other plans to strengthen such programs, 

16 taking into account reviews of such programs by the 

17 Inspector General of the Department of Transpor18 tation; and 

19 (9) such other matters as the Administrator de20 termines are appropriate. 

21 SEC. 13. ASAP AND FOQA IMPLEMENTATION PLAN. 

22 (a) DEVELOPMENT AND IMPLEMENTATION PLAN.— 

23 The Administrator of the Federal Aviation Administration 

24 shall develop and implement a plan to facilitate the estab25 lishment of an aviation safety action program and a flight 


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1 operational quality assurance program by all part 121 air 

2 carriers. 

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

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

6 (1) how the Administration can assist part 121 

7 air carriers with smaller fleet sizes to derive benefit 

8 from establishing a flight operational quality assur9 ance program; 

10 (2) how part 121 air carriers with established 

11 aviation safety action and flight operational quality 

12 assurance programs can quickly begin to report data 

13 into the aviation safety information analysis sharing 

14 database; and 

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

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

19 of enactment of this Act, the Administrator shall submit 

20 to the Committee on Transportation and Infrastructure 

21 of the House of Representatives and the Committee on 

22 Science, Commerce, and Transportation of the Senate a 

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

24 explanation of how the Administration will implement the 

25 plan. 


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1 (d) DEADLINE FOR BEGINNING IMPLEMENTATION

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

5 SEC. 14. SAFETY MANAGEMENT SYSTEMS. 

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

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

10 (b) MATTERS TO CONSIDER.—In conducting the rule11 making under subsection (a), the Administrator shall con12 sider including each of the following as a part of the safety 

13 management system: 

14 (1) An aviation safety action program. 

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

17 (3) A line operations safety audit. 

18 (4) An advanced qualification program. 

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

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

22 under subsection (a); and 

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

24 enactment of this Act, a final rule under subsection 

25 (a). 


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1 (d) SAFETY MANAGEMENT SYSTEM DEFINED.—In 

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

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

5 including any subsequent revisions thereto. 

6 SEC. 15. DISCLOSURE OF AIR CARRIERS OPERATING 

7 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS8 PORTATION. 

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

10 amended by adding at the end the following: 

11 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

12 TICKETS FOR FLIGHTS.— 

13 ‘‘(1) IN GENERAL.—It shall be an unfair or de14 ceptive practice under subsection (a) for any ticket 

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

16 offering to sell tickets for air transportation on a 

17 flight of an air carrier to not disclose, whether ver18 bally in oral communication or in writing in written 

19 or electronic communication, prior to the purchase 

20 of a ticket— 

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

22 corporate name) of the air carrier providing the 

23 air transportation; and 

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

25 segment, the name of each air carrier providing 


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1 the air transportation for each such flight seg2 ment. 

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

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

5 Internet Web site, disclosure of the information re6 quired by paragraph (1) shall be provided on the 

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

8 requested itinerary in a format that is easily visible 

9 to a viewer.’’. 

10 SEC. 16. PILOT FATIGUE. 

11 (a) FLIGHT AND DUTY TIME REGULATIONS.— 

12 (1) IN GENERAL.—In accordance with para13 graph (3), the Administrator of the Federal Aviation 

14 Administration shall issue regulations, based on the 

15 best available scientific information— 

16 (A) to specify limitations on the hours of 

17 flight and duty time allowed for pilots to ad18 dress problems relating to pilot fatigue; and 

19 (B) to require part 121 air carriers to de20 velop and implement fatigue risk management 

21 plans. 

22 (2) MATTERS TO BE ADDRESSED.—In con23 ducting the rulemaking proceeding under this sub24 section, the Administrator shall consider and review 

25 the following: 


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

2 (B) Number of takeoff and landings in a 

3 duty period. 

4 (C) Number of time zones crossed in a 

5 duty period. 

6 (D) The impact of functioning in multiple 

7 time zones or on different daily schedules. 

8 (E) Research conducted on fatigue, sleep, 

9 and circadian rhythms. 

10 (F) Sleep and rest requirements rec11 ommended by the National Transportation 

12 Safety Board and the National Aeronautics and 

13 Space Administration. 

14 (G) International standards regarding 

15 flight schedules and duty periods. 

16 (H) Alternative procedures to facilitate 

17 alertness in the cockpit. 

18 (I) Scheduling and attendance policies and 

19 practices, including sick leave. 

20 (J) The effects of commuting, the means 

21 of commuting, and the length of the commute. 

22 (K) Medical screening and treatment. 

23 (L) Rest environments. 

24 (M) Any other matters the Administrator 

25 considers appropriate. 


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1 (3) DEADLINES.—The Administrator shall 

2 issue— 

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

4 of enactment of this Act, a notice of proposed 

5 rulemaking under subsection (a); and 

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

7 of enactment of this Act, a final rule under sub8 section (a). 

9 (b) FATIGUE RISK MANAGEMENT PLAN.— 

10 (1) SUBMISSION OF FATIGUE RISK MANAGE11 MENT PLAN BY PART 121 AIR CARRIERS.—Not later 

12 than 90 days after the date of enactment of this sec13 tion, each part 121 air carrier shall submit to the 

14 Administrator for review and approval a fatigue risk 

15 management plan. 

16 (2) CONTENTS OF PLAN.—A fatigue risk man17 agement plan submitted by a part 121 air carrier 

18 under paragraph (1) shall include the following: 

19 (A) Current flight time and duty period 

20 limitations. 

21 (B) A rest scheme that enables the man22 agement of fatigue, including annual training to 

23 increase awareness of— 

24 (i) fatigue; 


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1 (ii) the effects of fatigue on pilots; 

2 and 

3 (iii) fatigue countermeasures. 

4 (C) Development and use of a methodology 

5 that continually assesses the effectiveness of the 

6 program, including the ability of the program— 

7 (i) to improve alertness; and 

8 (ii) to mitigate performance errors. 

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

10 shall update its fatigue risk management plan under 

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

12 to the Administrator for review and approval. 

13 (4) APPROVAL.— 

14 (A) INITIAL APPROVAL OR MODIFICA15 TION.—Not later than 9 months after the date 

16 of enactment of this section, the Administrator 

17 shall review and approve or require modification 

18 to fatigue risk management plans submitted 

19 under this subsection to ensure that pilots are 

20 not operating aircraft while fatigued. 

21 (B) UPDATE APPROVAL OR MODIFICA22 TION.—Not later than 9 months after submis23 sion of a plan update under paragraph (3), the 

24 Administrator shall review and approve or re25 quire modification to such update. 


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1 (5) CIVIL PENALTIES.—A violation of this sub2 section by a part 121 air carrier shall be treated as 

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

4 Code, for purposes of the application of civil pen5 alties under chapter 463 of that title. 

6 (6) LIMITATION ON APPLICABILITY.—The re7 quirements of this subsection shall cease to apply to 

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

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

10 (c) EFFECT OF COMMUTING ON FATIGUE.— 

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

12 after the date of enactment of this Act, the Adminis13 trator shall enter into appropriate arrangements 

14 with the National Academy of Sciences to conduct a 

15 study of the effects of commuting on pilot fatigue 

16 and report its findings to the Administrator. 

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

19 (A) the prevalence of pilot commuting in 

20 the commercial air carrier industry, including 

21 the number and percentage of pilots who com22 mute; 

23 (B) information relating to commuting by 

24 pilots, including distances traveled, time zones 

25 crossed, time spent, and methods used; 


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1 (C) research on the impact of commuting 

2 on pilot fatigue, sleep, and circadian rhythms; 

3 (D) commuting policies of commercial air 

4 carriers (including passenger and all-cargo air 

5 carriers), including pilot check-in requirements 

6 and sick leave and fatigue policies; 

7 (E) post-conference materials from the 

8 Federal Aviation Administration’s June 2008 

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

11 (F) Federal Aviation Administration and 

12 international policies and guidance regarding 

13 commuting; and 

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

16 (3) PRELIMINARY FINDINGS.—Not later than 

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

19 of Sciences shall submit to the Administrator its 

20 preliminary findings under the study. 

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

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

24 submit to the Administrator a report containing its 

25 findings under the study and any recommendations 


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

3 by pilots. 

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

6 paragraph (4), the Administrator shall— 

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

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

11 (a) on flight and duty time. 

12 (6) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as may be necessary to carry out this subsection. 

15 SEC. 17. FLIGHT CREWMEMBER PAIRING AND CREW RE16 SOURCE MANAGEMENT TECHNIQUES. 

17 (a) STUDY.—The Administrator of the Federal Avia18 tion Administration shall conduct a study on aviation in19 dustry best practices with regard to flight crewmember 

20 pairing and crew resource management techniques. 

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

22 of enactment of this Act, the Administrator shall submit 

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and the Committee on 


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1 Commerce, Science, and Transportation of the Senate a 

2 report on the results of the study. 


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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 

purposes. airline safety and pilot training, and for other 

OCTOBER 6, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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