IIB 

111TH CONGRESS 

1ST SESSION H. R. 3371 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 15, 2009 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Airline Safety and Pilot Training Improvement Act of 

4 2009’’. 

5 (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. Airline transport pilot certification. 

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

Sec. 13. Voluntary safety programs. 

Sec. 14. ASAP and FOQA implementation plan. 

Sec. 15. Safety management systems. 

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

transportation. 

Sec. 17. Pilot fatigue. 

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

6 SEC. 2. DEFINITIONS. 

7 (a) DEFINITIONS.—In this Act, the following defini8 tions apply: 

9 (1) ADVANCED QUALIFICATION PROGRAM.—The 

10 term ‘‘advanced qualification program’’ means the 

11 program established by the Federal Aviation Admin12 istration in Advisory Circular 120–54A, dated June 

13 23, 2006, including any subsequent revisions there14 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 or flight simulator 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 (c) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 (1) FLIGHT TRAINING AND FLIGHT SIMU20 LATOR.—The terms ‘‘flight training’’ and ‘‘flight 

21 simulator’’ have the meanings given those terms in 

22 part 61.1 of title 14, Code of Federal Regulations 

23 (or any successor regulation). 


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1 (2) STALL.—The term ‘‘stall’’ means an aero2 dynamic loss of lift caused by exceeding the critical 

3 angle of attack. 

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

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

6 nose down pitch force to an aircraft’s control col7 umns to attempt to decrease the aircraft’s angle of 

8 attack. 

9 (4) UPSET.—The term ‘‘upset’’ means an un10 usual aircraft attitude. 

11 SEC. 5. SECRETARY OF TRANSPORTATION RESPONSES TO 

12 SAFETY RECOMMENDATIONS. 

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

14 1135(a) of title 49, United States Code, is amended by 

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

16 after ‘‘shall give’’. 

17 (b) AIR CARRIER SAFETY RECOMMENDATIONS.— 

18 Section 1135 of such title is amended— 

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

20 subsections (d) and (e), respectively; and 

21 (2) by inserting after subsection (b) the fol22 lowing: 

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

24 RECOMMENDATIONS.— 


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

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

3 report on the recommendations made by the Board 

4 to the Secretary regarding air carrier operations 

5 conducted under part 121 of title 14, Code of Fed6 eral Regulations. 

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

8 The report shall cover— 

9 ‘‘(A) any recommendation for which the 

10 Secretary has developed, or intends to develop, 

11 procedures to adopt the recommendation or 

12 part of the recommendation, but has yet to 

13 complete the procedures; and 

14 ‘‘(B) any recommendation for which the 

15 Secretary, in the preceding year, has issued a 

16 response under subsection (a)(2) or (a)(3) re17 fusing to carry out all or part of the procedures 

18 to adopt the recommendation. 

19 ‘‘(3) CONTENTS.— 

20 ‘‘(A) PLANS TO ADOPT RECOMMENDA21 TIONS.—For each recommendation of the 

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

23 shall contain— 

24 ‘‘(i) a description of the recommenda25 tion; 


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1 ‘‘(ii) a description of the procedures 

2 planned for adopting the recommendation 

3 or part of the recommendation; 

4 ‘‘(iii) the proposed date for completing 

5 the procedures; and 

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

7 deadline contained in a proposed timeline 

8 developed in connection with the rec9 ommendation under subsection (b), an ex10 planation for not meeting the deadline. 

11 ‘‘(B) REFUSALS TO ADOPT RECOMMENDA12 TIONS.—For each recommendation of the 

13 Board described in paragraph (2)(B), the re14 port shall contain— 

15 ‘‘(i) a description of the recommenda16 tion; and 

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

18 the refusal to carry out all or part of the 

19 procedures to adopt the recommendation.’’. 

20 SEC. 6. FAA PILOT RECORDS DATABASE. 

21 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI22 CANTS.—Section 44703(h) of title 49, United States Code, 

23 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), including 

3 records under regulations 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 in accordance 

2 with this section (other than a claim arising 

3 from furnishing information known to be false 

4 and maintained in violation of a criminal stat5 ute). 

6 ‘‘(4) REPORTING.— 

7 ‘‘(A) REPORTING BY ADMINISTRATOR.— 

8 The Administrator shall enter data described in 

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

10 ensure that an individual’s records are current. 

11 ‘‘(B) REPORTING BY AIR CARRIERS AND

12 OTHER PERSONS.— 

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

14 other persons shall report data described 

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

16 Administrator promptly for entry into the 

17 database. 

18 ‘‘(ii) DATA TO BE REPORTED.—Air 

19 carriers and other persons shall report, at 

20 a minimum, under clause (i) the following 

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

22 ‘‘(I) Records that are generated 

23 by the air carrier or other person 

24 after the date of enactment of this 

25 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) in 

22 the period beginning on such date of enact23 ment and ending on the date that is 5 

24 years after the requirements of subsection 


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1 (h) cease to be effective pursuant to sub2 paragraph (B). 

3 ‘‘(16) SPECIAL RULE.—During the one-year pe4 riod beginning on the date on which the require5 ments of this section become effective pursuant to 

6 paragraph (15)(B), paragraph (7)(A) shall be ap7 plied by substituting ‘45 days’ for ‘30 days’.’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) LIMITATION ON LIABILITY; PREEMPTION OF

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

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

12 (A) in the subsection heading by striking 

13 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

14 (B) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A) by striking ‘‘paragraph (2)’’ and 

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

18 (ii) in subparagraph (A) by inserting 

19 ‘‘or accessing the records of that individual 

20 under subsection (i)(1)’’ before the semi21 colon; and 

22 (iii) in the matter following subpara23 graph (D) by striking ‘‘subsection (h)’’ and 

24 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; 

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; and 

20 (D) the best methods to allow specific aca21 demic training courses to be credited pursuant 

22 to section 11(d) toward the total flight hours 

23 required to receive an airline transport pilot 

24 certificate. 


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

2 date of enactment of this Act, the Administrator 

3 shall submit to the Committee on Transportation 

4 and Infrastructure of the House of Representatives, 

5 the Committee on Commerce, Science, and Trans6 portation of the Senate, and the National Transpor7 tation Safety Board a report based on the findings 

8 of the panel. 

9 SEC. 8. AVIATION SAFETY INSPECTORS AND OPERATIONAL 

10 RESEARCH ANALYSTS. 

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

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

13 Act, the Inspector General of the Department of Trans14 portation shall conduct a review of aviation safety inspec15 tors and operational research analysts of the Federal Avia16 tion Administration assigned to part 121 air carriers and 

17 submit to the Administrator of the Federal Aviation Ad18 ministration a report on the results of the review. 

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

20 at a minimum— 

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

22 oversight of each part 121 air carrier; 

23 (2) to make recommendations to ensure that 

24 each part 121 air carrier is receiving an equivalent 

25 level of oversight; 


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

2 of aviation safety inspectors assigned to such car3 riers; 

4 (4) to evaluate how the Administration is mak5 ing assignments of aviation safety inspectors to such 

6 carriers; 

7 (5) to review various safety inspector oversight 

8 programs, including the geographic inspector pro9 gram; 

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

11 operational research analysts assigned to each part 

12 121 air carrier; 

13 (7) to evaluate the surveillance responsibilities 

14 of aviation safety inspectors, including en route in15 spections; 

16 (8) to evaluate whether inspectors are able to 

17 effectively use data sources, such as the Safety Per18 formance Analysis System and the Air Transpor19 tation Oversight System, to assist in targeting over20 sight of air carriers; 

21 (9) to assess the feasibility of establishment by 

22 the Administration of a comprehensive repository of 

23 information that encompasses multiple Administra24 tion data sources and allowing access by aviation 

25 safety inspectors and operational research analysts 


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

2 and 

3 (10) to conduct such other analyses as the In4 spector General considers relevant to the purpose of 

5 the review. 

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

7 after the date of receipt of the report submitted under sub8 section (a), the Administrator shall submit to the Com9 mittee on Transportation and Infrastructure of the House 

10 of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a report— 

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

13 recommended by the Inspector General under this 

14 section the Administrator intends to adopt and im15 plement; 

16 (2) that includes an explanation of how the Ad17 ministrator plans to adopt and implement such pol18 icy changes; and 

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

20 not intend to adopt a policy change recommended by 

21 the Inspector General, that includes an explanation 

22 of the reasons for the decision not to adopt and im23 plement the policy change. 


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1 SEC. 9. FLIGHT CREWMEMBER MENTORING, PROFES2 SIONAL DEVELOPMENT, AND LEADERSHIP. 

3 (a) RULEMAKING PROCEEDING.— 

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

5 Federal Aviation Administration shall conduct a 

6 rulemaking proceeding to require each part 121 air 

7 carrier to take the following actions: 

8 (A) Establish flight crewmember men9 toring programs under which the air carrier will 

10 pair highly experienced flight crewmembers who 

11 will serve as mentor pilots and be paired with 

12 newly employed flight crewmembers. Mentor pi13 lots shall receive, at a minimum, specific in14 struction on techniques for instilling and rein15 forcing the highest standards of technical per16 formance, airmanship, and professionalism in 

17 newly employed flight crewmembers. 

18 (B) Establish flight crewmember profes19 sional development committees made up of air 

20 carrier management and labor union or profes21 sional association representatives to develop, ad22 minister, and oversee formal mentoring pro23 grams of the carrier to assist flight crew24 members to reach their maximum potential as 

25 safe, seasoned, and proficient flight crew26 members. 


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1 (C) Establish or modify training programs 

2 to accommodate substantially different levels 

3 and types of flight experience by newly em4 ployed flight crewmembers. 

5 (D) Establish or modify training programs 

6 for second-in-command flight crewmembers at7 tempting to qualify as pilot-in-command flight 

8 crewmembers for the first time in a specific air9 craft type and ensure that such programs in10 clude leadership and command training. 

11 (E) Ensure that recurrent training for pi12 lots in command includes leadership and com13 mand training. 

14 (F) Such other actions as the Adminis15 trator determines appropriate to enhance flight 

16 crewmember professional development. 

17 (2) COMPLIANCE WITH STERILE COCKPIT

18 RULE.—Leadership and command training described 

19 in paragraphs (1)(D) and (1)(E) shall include in20 struction on compliance with flight crewmember du21 ties under part 121.542 of title 14, Code of Federal 

22 Regulations. 

23 (3) STREAMLINED PROGRAM REVIEW.— 

24 (A) IN GENERAL.—As part of the rule25 making required by subsection (a), the AdminVerDate Nov 24 2008 23:30 Oct 15, 2009 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3371.RFS H3371

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1 istrator shall establish a streamlined process for 

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

3 the date of enactment of this Act, the programs 

4 required by paragraph (1). 

5 (B) EXPEDITED APPROVALS.—Under the 

6 streamlined process, the Administrator shall— 

7 (i) review the programs of such part 

8 121 air carriers to determine whether the 

9 programs meet the requirements set forth 

10 in the final rule referred to in subsection 

11 (b)(2); and 

12 (ii) expedite the approval of the pro13 grams that the Administrator determines 

14 meet such requirements. 

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

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

17 enactment of this Act, a notice of proposed rule18 making under subsection (a); and 

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

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

21 SEC. 10. FLIGHT CREWMEMBER SCREENING AND QUALI22 FICATIONS. 

23 (a) REQUIREMENTS.— 

24 (1) RULEMAKING PROCEEDING.—The Adminis25 trator of the Federal Aviation Administration shall 


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1 conduct a rulemaking proceeding to require part 121 

2 air carriers to develop and implement means and 

3 methods for ensuring that flight crewmembers have 

4 proper qualifications and experience. 

5 (2) MINIMUM REQUIREMENTS.— 

6 (A) PROSPECTIVE FLIGHT CREW7 MEMBERS.—Rules issued under paragraph (1) 

8 shall ensure that prospective flight crew9 members undergo comprehensive pre-employ10 ment screening, including an assessment of the 

11 skills, aptitudes, airmanship, and suitability of 

12 each applicant for a position as a flight crew13 member in terms of functioning effectively in 

14 the air carrier’s operational environment. 

15 (B) ALL FLIGHT CREWMEMBERS.—Rules 

16 issued under paragraph (1) shall ensure that, 

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

18 enactment of this Act, all flight crewmembers— 

19 (i) have obtained an airline transport 

20 pilot certificate under part 61 of title 14, 

21 Code of Federal Regulations; and 

22 (ii) have appropriate multi-engine air23 craft flight experience, as determined by 

24 the Administrator. 

25 (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. 11. AIRLINE TRANSPORT PILOT CERTIFICATION. 

7 (a) RULEMAKING PROCEEDING.—The Administrator 

8 of the Federal Aviation Administration shall conduct a 

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

10 of Federal Regulations, to modify requirements for the 

11 issuance of an airline transport pilot certificate. 

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

13 receive an airline transport pilot certificate pursuant to 

14 subsection (a), an individual shall— 

15 (1) have sufficient flight hours, as determined 

16 by the Administrator, to enable a pilot to function 

17 effectively in an air carrier operational environment; 

18 and 

19 (2) have received flight training, academic 

20 training, or operational experience that will prepare 

21 a pilot, at a minimum, to— 

22 (A) function effectively in a multipilot envi23 ronment; 

24 (B) function effectively in adverse weather 

25 conditions, including icing conditions; 


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1 (C) function effectively during high alti2 tude operations; 

3 (D) adhere to the highest professional 

4 standards; and 

5 (E) function effectively in an air carrier 

6 operational environment. 

7 (c) FLIGHT HOURS.— 

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

9 flight hours required by the Administrator under 

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

11 (2) FLIGHT HOURS IN DIFFICULT OPER12 ATIONAL CONDITIONS.—The total flight hours re13 quired by the Administrator under subsection (b)(1) 

14 shall include sufficient flight hours, as determined 

15 by the Administrator, in difficult operational condi16 tions that may be encountered by an air carrier to 

17 enable a pilot to operate safely in such conditions. 

18 (d) CREDIT TOWARD FLIGHT HOURS.—The Admin19 istrator may allow specific academic training courses, be20 yond those required under subsection (b)(2), to be credited 

21 toward the total flight hours required under subsection 

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

23 determination by the Administrator that allowing a pilot 

24 to take specific academic training courses will enhance 


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1 safety more than requiring the pilot to fully comply with 

2 the flight hours requirement. 

3 (e) RECOMMENDATIONS OF EXPERT PANEL.—In 

4 conducting the rulemaking proceeding under this section, 

5 the Administrator shall review and consider the assess6 ment and recommendations of the expert panel to review 

7 part 121 and part 135 training hours established by sec8 tion 7(b) of this Act. 

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

10 date of enactment of this Act, the Administrator shall 

11 issue a final rule under subsection (a). 

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

13 ACADEMIC TRAINING. 

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

15 conduct a comprehensive study of flight schools, flight 

16 education, and academic training requirements for certifi17 cation of an individual as a pilot. 

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

19 shall include, at a minimum— 

20 (1) an assessment of the Federal Aviation Ad21 ministration’s oversight of flight schools; 

22 (2) an assessment of the Administration’s aca23 demic training requirements in effect on the date of 

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1 cation provided to a pilot by accredited 2- and 4- 

2 year universities; 

3 (3) an assessment of the quality of pilots enter4 ing the part 121 air carrier workforce from all 

5 sources after receiving training from flight training 

6 providers, including Aviation Accreditation Board 

7 International, universities, pilot training organiza8 tions, and the military, utilizing the training records 

9 of part 121 air carriers, including consideration of 

10 any relationships between flight training providers 

11 and air carriers; 

12 (4) a comparison of the academic training re13 quirements for pilots in the United States to the 

14 academic training requirements for pilots in other 

15 countries; 

16 (5) a determination and description of any im17 provements that may be needed in the Administra18 tion’s academic training requirements for pilots; 

19 (6) an assessment of student financial aid and 

20 loan options available to individuals interested in en21 rolling at a flight school for both academic and flight 

22 hour training; 

23 (7) an assessment of the Federal Aviation Ad24 ministration’s oversight of general aviation flight 

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1 grams under part 142 of title 14, Code of Federal 

2 Regulations; and 

3 (8) an assessment of whether compliance with 

4 the English speaking requirements applicable to pi5 lots under part 61 of such title is adequately tested 

6 and enforced. 

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

8 of enactment of this Act, the Comptroller General shall 

9 submit to the Committee on Transportation and Infra10 structure of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate a report on the results of the study. 

13 SEC. 13. VOLUNTARY SAFETY PROGRAMS. 

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

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

16 Aviation Administration shall submit to the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives and the Committee on Commerce, Science 

19 and Transportation of the Senate a report on the aviation 

20 safety action program, the flight operational quality assur21 ance program, the line operations safety audit, and the 

22 advanced qualification program. 

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

24 (1) a list of— 


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1 (A) which air carriers are using one or 

2 more of the voluntary safety programs referred 

3 to in subsection (a); and 

4 (B) the voluntary safety programs each air 

5 carrier is using; 

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

7 of the voluntary safety programs— 

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

9 not using; and 

10 (B) the reasons the carrier is not using 

11 each such program; 

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

13 voluntary safety programs, an explanation of the 

14 benefits and challenges of using each such program; 

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

17 safety programs as safety analysis and accident or 

18 incident prevention tools and a detailed plan on how 

19 the Administration intends to expand data analysis 

20 of such programs; 

21 (5) an explanation of— 

22 (A) where the data derived from such pro23 grams is stored; 

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


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

3 use of the data derived from such programs; 

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

5 safety inspectors are able to review data derived 

6 from such programs to enhance their oversight re7 sponsibilities; 

8 (7) a description of how the Administration 

9 plans to incorporate operational trends identified 

10 under such programs into the air transport oversight 

11 system and other surveillance databases so that such 

12 system and databases are more effectively utilized; 

13 (8) other plans to strengthen such programs, 

14 taking into account reviews of such programs by the 

15 Inspector General of the Department of Transpor16 tation; and 

17 (9) such other matters as the Administrator de18 termines are appropriate. 

19 SEC. 14. ASAP AND FOQA IMPLEMENTATION PLAN. 

20 (a) DEVELOPMENT AND IMPLEMENTATION PLAN.— 

21 The Administrator of the Federal Aviation Administration 

22 shall develop and implement a plan to facilitate the estab23 lishment of an aviation safety action program and a flight 

24 operational quality assurance program by all part 121 air 

25 carriers. 


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

2 the plan under subsection (a), the Administrator shall con3 sider— 

4 (1) how the Administration can assist part 121 

5 air carriers with smaller fleet sizes to derive benefit 

6 from establishing a flight operational quality assur7 ance program; 

8 (2) how part 121 air carriers with established 

9 aviation safety action and flight operational quality 

10 assurance programs can quickly begin to report data 

11 into the aviation safety information analysis sharing 

12 database; and 

13 (3) how part 121 air carriers and aviation safe14 ty inspectors can better utilize data from such data15 base as accident and incident prevention tools. 

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

17 of enactment of this Act, the Administrator shall submit 

18 to the Committee on Transportation and Infrastructure 

19 of the House of Representatives and the Committee on 

20 Science, Commerce, and Transportation of the Senate a 

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

22 explanation of how the Administration will implement the 

23 plan. 

24 (d) DEADLINE FOR BEGINNING IMPLEMENTATION

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1 actment of this Act, the Administrator shall begin imple2 mentation of the plan developed under subsection (a). 

3 SEC. 15. SAFETY MANAGEMENT SYSTEMS. 

4 (a) RULEMAKING.—The Administrator of the Fed5 eral Aviation Administration shall conduct a rulemaking 

6 proceeding to require all part 121 air carriers to imple7 ment a safety management system. 

8 (b) MATTERS TO CONSIDER.—In conducting the rule9 making under subsection (a), the Administrator shall con10 sider, at a minimum, including each of the following as 

11 a part of the safety management system: 

12 (1) An aviation safety action program. 

13 (2) A flight operational quality assurance pro14 gram. 

15 (3) A line operations safety audit. 

16 (4) An advanced qualification program. 

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

18 (1) not later than 90 days after the date of en19 actment of this Act, a notice of proposed rulemaking 

20 under subsection (a); and 

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

22 enactment of this Act, a final rule under subsection 

23 (a). 

24 (d) SAFETY MANAGEMENT SYSTEM DEFINED.—In 

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


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1 the program established by the Federal Aviation Adminis2 tration in Advisory Circular 120–92, dated June 22, 2006, 

3 including any subsequent revisions thereto. 

4 SEC. 16. DISCLOSURE OF AIR CARRIERS OPERATING 

5 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS6 PORTATION. 

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

8 amended by adding at the end the following: 

9 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

10 TICKETS FOR FLIGHTS.— 

11 ‘‘(1) IN GENERAL.—It shall be an unfair or de12 ceptive practice under subsection (a) for any ticket 

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

14 offering to sell tickets for air transportation on a 

15 flight of an air carrier to not disclose, whether ver16 bally in oral communication or in writing in written 

17 or electronic communication, prior to the purchase 

18 of a ticket— 

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

20 corporate name) of the air carrier providing the 

21 air transportation; and 

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

23 segment, the name of each air carrier providing 

24 the air transportation for each such flight seg25 ment. 


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

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

3 Internet Web site, disclosure of the information re4 quired by paragraph (1) shall be provided on the 

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

6 requested itinerary in a format that is easily visible 

7 to a viewer.’’. 

8 SEC. 17. PILOT FATIGUE. 

9 (a) FLIGHT AND DUTY TIME REGULATIONS.— 

10 (1) IN GENERAL.—In accordance with para11 graph (3), the Administrator of the Federal Aviation 

12 Administration shall issue regulations, based on the 

13 best available scientific information— 

14 (A) to specify limitations on the hours of 

15 flight and duty time allowed for pilots to ad16 dress problems relating to pilot fatigue; and 

17 (B) to require part 121 air carriers to de18 velop and implement fatigue risk management 

19 plans. 

20 (2) MATTERS TO BE ADDRESSED.—In con21 ducting the rulemaking proceeding under this sub22 section, the Administrator shall consider and review 

23 the following: 

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


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1 (B) Number of takeoff and landings in a 

2 duty period. 

3 (C) Number of time zones crossed in a 

4 duty period. 

5 (D) The impact of functioning in multiple 

6 time zones or on different daily schedules. 

7 (E) Research conducted on fatigue, sleep, 

8 and circadian rhythms. 

9 (F) Sleep and rest requirements rec10 ommended by the National Transportation 

11 Safety Board and the National Aeronautics and 

12 Space Administration. 

13 (G) International standards regarding 

14 flight schedules and duty periods. 

15 (H) Alternative procedures to facilitate 

16 alertness in the cockpit. 

17 (I) Scheduling and attendance policies and 

18 practices, including sick leave. 

19 (J) The effects of commuting, the means 

20 of commuting, and the length of the commute. 

21 (K) Medical screening and treatment. 

22 (L) Rest environments. 

23 (M) Any other matters the Administrator 

24 considers appropriate. 


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1 (3) DEADLINES.—The Administrator shall 

2 issue— 

3 (A) not later than 180 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 60 days after 

12 the date of enactment of this Act, the Administrator 

13 shall enter into appropriate arrangements with the 

14 National Academy of Sciences to conduct a study of 

15 the effects of commuting on pilot fatigue and report 

16 its findings to the Administrator. 

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

19 (A) the prevalence of pilot commuting in 

20 the commercial air carrier industry, including 

21 the number and percentage of pilots who com22 mute; 

23 (B) information relating to commuting by 

24 pilots, including distances traveled, time zones 

25 crossed, time spent, and methods used; 


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1 (C) research on the impact of commuting 

2 on pilot fatigue, sleep, and circadian rhythms; 

3 (D) commuting policies of commercial air 

4 carriers (including passenger and all-cargo air 

5 carriers), including pilot check-in requirements 

6 and sick leave and fatigue policies; 

7 (E) 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 90 days after the date of entering into arrangements 

18 under paragraph (1), the National Academy of 

19 Sciences shall submit to the Administrator its pre20 liminary 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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HR 3371 RFS

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. 18. 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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HR 3371 RFS

1 Commerce, Science, and Transportation of the Senate a 

2 report on the results of the study. 

Passed the House of Representatives October 14, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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