SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Airline Safety and Pilot Training Improvement Act of 
2009’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. FAA Task Force on Air Carrier Safety and Pilot Training. 
Sec. 4. Implementation of NTSB flight crewmember training recommendations. 
Sec. 5. Secretary of Transportation responses to safety recommendations. 
Sec. 6. FAA pilot records database. 
Sec. 7. FAA rulemaking on training programs. 
Sec. 8. Aviation safety inspectors and operational research analysts. 
Sec. 9. Flight crewmember mentoring, professional development, and leader-
ship. 
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. 
SEC. 2. DEFINITIONS. 
(a) DEFINITIONS.—In this Act, the following defini-
tions apply: 
(1) ADVANCED QUALIFICATION PROGRAM.—The 
term ‘‘advanced qualification program’’ means the 
program established by the Federal Aviation Admin-
istration in Advisory Circular 120–54A, dated June 
23, 2006, including any subsequent revisions there-
to.
(2) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning given that term in section 40102 of 
title 49, United States Code. 
(3) AVIATION SAFETY ACTION PROGRAM.—The 
term ‘‘aviation safety action program’’ means the 
program established by the Federal Aviation Admin-
istration in Advisory Circular 120–66B, dated No-
vember 15, 2002, including any subsequent revisions 
thereto. 
(4) FLIGHT CREWMEMBER.—The term ‘‘flight 
crewmember’’ has the meaning given that term in 
part 1.1 of title 14, Code of Federal Regulations. 
(5) FLIGHT OPERATIONAL QUALITY ASSURANCE 
PROGRAM.—The term ‘‘flight operational quality as-
surance program’’ means the program established by 
the Federal Aviation Administration in Advisory Cir-
cular 120–82, dated April 12, 2004, including any 
subsequent revisions thereto. 
(6) LINE
OPERATIONS
SAFETY
AUDIT.—The 
term ‘‘line operations safety audit’’ means the proce-
dure referenced by the Federal Aviation Administra-
tion in Advisory Circular 120–90, dated April 27, 
2006, including any subsequent revisions thereto. 
(7) PART 121 AIR CARRIER.—The term ‘‘part 
121 air carrier’’ means an air carrier that holds a
certificate issued under part 121 of title 14, Code of 
Federal Regulations. 
(8) PART 135 AIR CARRIER.—The term ‘‘part 
135 air carrier’’ means an air carrier that holds a 
certificate issued under part 135 of title 14, Code of 
Federal Regulations. 
SEC. 3. FAA TASK FORCE ON AIR CARRIER SAFETY AND 
PILOT TRAINING. 
(a) ESTABLISHMENT.—The Administrator of the 
Federal Aviation Administration shall establish a special 
task force to be known as the ‘‘FAA Task Force on Air 
Carrier Safety and Pilot Training’’ (in this section re-
ferred to as the ‘‘Task Force’’). 
(b) COMPOSITION.—The Task Force shall consist of 
members appointed by the Administrator and shall include 
air carrier representatives, labor union representatives, 
and aviation safety experts with knowledge of foreign and 
domestic regulatory requirements for flight crewmember 
education and training. 
(c) DUTIES.—The duties of the Task Force shall in-
clude, at a minimum, evaluating best practices in the air 
carrier industry and providing recommendations in the fol-
lowing areas: 
(1) Air carrier management responsibilities for 
flight crewmember education and support.
(2) Flight crewmember professional standards. 
(3) Flight crewmember training standards and 
performance. 
(4) Mentoring and information sharing between 
air carriers. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, and before the last day of each 
180-day period thereafter until termination of the Task 
Force, the Task Force shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing— 
(1) the progress of the Task Force in identi-
fying best practices in the air carrier industry; 
(2) the progress of air carriers and labor unions 
in implementing the best practices identified by the 
Task Force; 
(3) recommendations of the Task Force, if any, 
for legislative or regulatory actions; 
(4) the progress of air carriers and labor unions 
in implementing training-related, nonregulatory ac-
tions recommended by the Administrator; and 
(5) the progress of air carriers in developing 
specific programs to share safety data and ensure
implementation of the most effective safety prac-
tices. 
(e) TERMINATION.—The Task Force shall terminate 
on September 30, 2012. 
(f) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Task Force. 
SEC. 4. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER 
TRAINING RECOMMENDATIONS. 
(a) RULEMAKING PROCEEDINGS.— 
(1) STALL AND UPSET RECOGNITION AND RE-
COVERY TRAINING.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rule-
making proceeding to require part 121 air carriers 
to provide flight crewmembers with ground training 
and flight training or flight simulator training— 
(A) to recognize and avoid a stall of an 
aircraft or, if not avoided, to recover from the 
stall; and 
(B) to recognize and avoid an upset of an 
aircraft or, if not avoided, to execute such tech-
niques as available data indicate are appro-
priate to recover from the upset in a given 
make, model, and series of aircraft.
(2) REMEDIAL TRAINING PROGRAMS.—The Ad-
ministrator shall conduct a rulemaking proceeding to 
require part 121 air carriers to establish remedial 
training programs for flight crewmembers who have 
demonstrated performance deficiencies or experi-
enced failures in the training environment. 
(3) DEADLINES.—The Administrator shall— 
(A) not later than 180 days after the date 
of enactment of this Act, issue a notice of pro-
posed rulemaking under each of paragraphs (1) 
and (2); and 
(B) not later than 24 months after the 
date of enactment of this Act, issue a final rule 
for the rulemaking in each of paragraphs (1) 
and (2). 
(b) STICK PUSHER TRAINING AND WEATHER EVENT 
TRAINING.— 
(1) MULTIDISCIPLINARY
PANEL.—Not later 
than 120 days after the date of enactment of this 
Act, the Administrator shall convene a multidisci-
plinary panel of specialists in aircraft operations, 
flight crewmember training, human factors, and 
aviation safety to study and submit to the Adminis-
trator a report on methods to increase the famili-
arity of flight crewmembers with, and improve the
response of flight crewmembers to, stick pusher sys-
tems, 
icing 
conditions, 
and 
microburst 
and 
windshear weather events. 
(2) REPORT
TO
CONGRESS
AND
NTSB.—Not 
later than one year after the date on which the Ad-
ministrator convenes the panel, the Administrator 
shall— 
(A) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and 
the National Transportation Safety Board a re-
port based on the findings of the panel; and 
(B) with respect to stick pusher systems, 
initiate appropriate actions to implement the 
recommendations of the panel. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) FLIGHT
TRAINING
AND
FLIGHT
SIMU-
LATOR.—The terms ‘‘flight training’’ and ‘‘flight 
simulator’’ have the meanings given those terms in 
part 61.1 of title 14, Code of Federal Regulations 
(or any successor regulation).
(2) STALL.—The term ‘‘stall’’ means an aero-
dynamic loss of lift caused by exceeding the critical 
angle of attack. 
(3) STICK PUSHER.—The term ‘‘stick pusher’’ 
means a device that, at or near a stall, applies a 
nose down pitch force to an aircraft’s control col-
umns to attempt to decrease the aircraft’s angle of 
attack. 
(4) UPSET.—The term ‘‘upset’’ means an un-
usual aircraft attitude. 
SEC. 5. SECRETARY OF TRANSPORTATION RESPONSES TO 
SAFETY RECOMMENDATIONS. 
(a) IN GENERAL.—The first sentence of section 
1135(a) of title 49, United States Code, is amended by 
inserting ‘‘to the National Transportation Safety Board’’ 
after ‘‘shall give’’. 
(b) AIR CARRIER SAFETY RECOMMENDATIONS.— 
Section 1135 of such title is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) ANNUAL REPORT
ON AIR CARRIER SAFETY 
RECOMMENDATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall submit 
to Congress and the Board, on an annual basis, a 
report on the recommendations made by the Board 
to the Secretary regarding air carrier operations 
conducted under part 121 of title 14, Code of Fed-
eral Regulations. 
‘‘(2) RECOMMENDATIONS
TO
BE
COVERED.— 
The report shall cover— 
‘‘(A) any recommendation for which the 
Secretary has developed, or intends to develop, 
procedures to adopt the recommendation or 
part of the recommendation, but has yet to 
complete the procedures; and 
‘‘(B) any recommendation for which the 
Secretary, in the preceding year, has issued a 
response under subsection (a)(2) or (a)(3) re-
fusing to carry out all or part of the procedures 
to adopt the recommendation. 
‘‘(3) CONTENTS.— 
‘‘(A) PLANS
TO
ADOPT
RECOMMENDA-
TIONS.—For each recommendation of the 
Board described in paragraph (2)(A), the report 
shall contain— 
‘‘(i) a description of the recommenda-
tion;
‘‘(ii) a description of the procedures 
planned for adopting the recommendation 
or part of the recommendation; 
‘‘(iii) the proposed date for completing 
the procedures; and 
‘‘(iv) if the Secretary has not met a 
deadline contained in a proposed timeline 
developed in connection with the rec-
ommendation under subsection (b), an ex-
planation for not meeting the deadline. 
‘‘(B) REFUSALS TO ADOPT RECOMMENDA-
TIONS.—For each recommendation of the 
Board described in paragraph (2)(B), the re-
port shall contain— 
‘‘(i) a description of the recommenda-
tion; and 
‘‘(ii) a description of the reasons for 
the refusal to carry out all or part of the 
procedures to adopt the recommendation.’’. 
SEC. 6. FAA PILOT RECORDS DATABASE. 
(a) RECORDS OF EMPLOYMENT OF PILOT APPLI-
CANTS.—Section 44703(h) of title 49, United States Code, 
is amended by adding at the end the following:
‘‘(16) APPLICABILITY.—This subsection shall 
cease to be effective on the date specified in regula-
tions issued under subsection (i).’’. 
(b) ESTABLISHMENT
OF
FAA PILOT
RECORDS 
DATABASE.—Section 44703 of such title is amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) FAA PILOT RECORDS DATABASE.— 
‘‘(1) IN
GENERAL.—Before allowing an indi-
vidual to begin service as a pilot, an air carrier shall 
access and evaluate, in accordance with the require-
ments of this subsection, information pertaining to 
the individual from the pilot records database estab-
lished under paragraph (2). 
‘‘(2) PILOT RECORDS DATABASE.—The Admin-
istrator shall establish an electronic database (in this 
subsection referred to as the ‘database’) containing 
the following records: 
‘‘(A) FAA RECORDS.—From the Adminis-
trator— 
‘‘(i) records that are maintained by 
the Administrator concerning current air-
man certificates, including airman medical
certificates and associated type ratings and 
information on any limitations to those 
certificates and ratings; 
‘‘(ii) records that are maintained by 
the Administrator concerning any failed at-
tempt of an individual to pass a practical 
test required to obtain a certificate or type 
rating under part 61 of title 14, Code of 
Federal Regulations; and 
‘‘(iii) summaries of legal enforcement 
actions resulting in a finding by the Ad-
ministrator of a violation of this title or a 
regulation prescribed or order issued under 
this title that was not subsequently over-
turned. 
‘‘(B) 
AIR
CARRIER
AND
OTHER 
RECORDS.—From any air carrier or other per-
son (except a branch of the Armed Forces, the 
National Guard, or a reserve component of the 
Armed Forces) that has employed an individual 
as a pilot of a civil or public aircraft, or from 
the trustee in bankruptcy for such air carrier or 
person— 
‘‘(i) records pertaining to the indi-
vidual that are maintained by the air car-
rier (other than records relating to flight 
time, duty time, or rest time), including 
records under regulations set forth in— 
‘‘(I) section 121.683 of title 14, 
Code of Federal Regulations; 
‘‘(II) paragraph (A) of section 
VI, appendix I, part 121 of such title; 
‘‘(III) paragraph (A) of section 
IV, appendix J, part 121 of such title; 
‘‘(IV) section 125.401 of such 
title; and 
‘‘(V) section 135.63(a)(4) of such 
title; and 
‘‘(ii) other records pertaining to the 
individual’s performance as a pilot that are 
maintained by the air carrier or person 
concerning— 
‘‘(I) the training, qualifications, 
proficiency, 
or 
professional 
com-
petence of the individual, including 
comments and evaluations made by a 
check airman designated in accord-
ance with section 121.411, 125.295, 
or 135.337 of such title;
‘‘(II) 
any 
disciplinary 
action 
taken with respect to the individual 
that was not subsequently overturned; 
and 
‘‘(III) any release from employ-
ment or resignation, termination, or 
disqualification with respect to em-
ployment. 
‘‘(C) 
NATIONAL
DRIVER
REGISTER 
RECORDS.—In 
accordance 
with 
section 
30305(b)(8) of this title, from the chief driver 
licensing official of a State, information con-
cerning the motor vehicle driving record of the 
individual. 
‘‘(3) WRITTEN CONSENT; RELEASE FROM LI-
ABILITY.—An air carrier— 
‘‘(A) shall obtain the written consent of an 
individual before accessing records pertaining to 
the individual under paragraph (1); and 
‘‘(B) may, notwithstanding any other pro-
vision of law or agreement to the contrary, re-
quire an individual with respect to whom the 
carrier is accessing records under paragraph (1) 
to execute a release from liability for any claim 
arising from accessing the records or the use of
such records by the air carrier in accordance 
with this section (other than a claim arising 
from furnishing information known to be false 
and maintained in violation of a criminal stat-
ute). 
‘‘(4) REPORTING.— 
‘‘(A) REPORTING
BY
ADMINISTRATOR.— 
The Administrator shall enter data described in 
paragraph (2)(A) into the database promptly to 
ensure that an individual’s records are current. 
‘‘(B) REPORTING BY AIR CARRIERS AND 
OTHER PERSONS.— 
‘‘(i) IN GENERAL.—Air carriers and 
other persons shall report data described 
in paragraphs (2)(B) and (2)(C) to the 
Administrator promptly for entry into the 
database. 
‘‘(ii) DATA
TO
BE
REPORTED.—Air 
carriers and other persons shall report, at 
a minimum, under clause (i) the following 
data described in paragraph (2)(B): 
‘‘(I) Records that are generated 
by the air carrier or other person 
after the date of enactment of this 
paragraph.
‘‘(II) Records that the air carrier 
or other person is maintaining, on 
such date of enactment, pursuant to 
subsection (h)(4). 
‘‘(5) REQUIREMENT TO MAINTAIN RECORDS.— 
The Administrator— 
‘‘(A) shall maintain all records entered into 
the database under paragraph (2) pertaining to 
an individual until the date of receipt of notifi-
cation that the individual is deceased; and 
‘‘(B) may remove the individual’s records 
from the database after that date. 
‘‘(6) RECEIPT
OF
CONSENT.—The Adminis-
trator shall not permit an air carrier to access 
records pertaining to an individual from the data-
base under paragraph (1) without the air carrier 
first demonstrating to the satisfaction of the Admin-
istrator that the air carrier has obtained the written 
consent of the individual. 
‘‘(7) RIGHT
OF
PILOT
TO
REVIEW
CERTAIN 
RECORDS
AND
CORRECT
INACCURACIES.—Notwith-
standing any other provision of law or agreement, 
the Administrator, upon receipt of written request 
from an individual—
‘‘(A) shall make available, not later than 
30 days after the date of the request, to the in-
dividual for review all records referred to in 
paragraph (2) pertaining to the individual; and 
‘‘(B) shall provide the individual with a 
reasonable opportunity to submit written com-
ments to correct any inaccuracies contained in 
the records. 
‘‘(8) REASONABLE CHARGES FOR PROCESSING 
REQUESTS AND FURNISHING COPIES.—The Adminis-
trator may establish a reasonable charge for the cost 
of processing a request under paragraph (1) or (7) 
and for the cost of furnishing copies of requested 
records under paragraph (7). 
‘‘(9) PRIVACY PROTECTIONS.— 
‘‘(A) USE
OF
RECORDS.—An air carrier 
that accesses records pertaining to an individual 
under paragraph (1) may use the records only 
to assess the qualifications of the individual in 
deciding whether or not to hire the individual as 
a pilot. The air carrier shall take such actions 
as may be necessary to protect the privacy of 
the individual and the confidentiality of the 
records accessed, including ensuring that infor-
mation contained in the records is not divulged
to any individual that is not directly involved in 
the hiring decision. 
‘‘(B) DISCLOSURE OF INFORMATION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by clause (ii), information collected 
by the Administrator under paragraph (2) 
shall be exempt from the disclosure re-
quirements of section 552 of title 5. 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply to— 
‘‘(I) de-identified, summarized in-
formation to explain the need for 
changes in policies and regulations; 
‘‘(II) information to correct a 
condition that compromises safety; 
‘‘(III) information to carry out a 
criminal investigation or prosecution; 
‘‘(IV) information to comply with 
section 44905, regarding information 
about threats to civil aviation; and 
‘‘(V) such information as the Ad-
ministrator determines necessary, if 
withholding the information would not 
be consistent with the safety respon-
sibilities of the Federal Aviation Ad-
ministration. 
‘‘(10) PERIODIC REVIEW.—Not later than 18 
months after the date of enactment of this para-
graph, and at least once every 3 years thereafter, 
the Administrator shall transmit to Congress a 
statement that contains, taking into account recent 
developments in the aviation industry— 
‘‘(A) recommendations by the Adminis-
trator concerning proposed changes to Federal 
Aviation Administration records, air carrier 
records, and other records required to be in-
cluded in the database under paragraph (2); or 
‘‘(B) reasons why the Administrator does 
not recommend any proposed changes to the 
records referred to in subparagraph (A). 
‘‘(11) REGULATIONS FOR PROTECTION AND SE-
CURITY OF RECORDS.—The Administrator shall pre-
scribe such regulations as may be necessary— 
‘‘(A) to protect and secure— 
‘‘(i) the personal privacy of any indi-
vidual whose records are accessed under 
paragraph (1); and 
‘‘(ii) the confidentiality of those 
records; and
‘‘(B) to preclude the further dissemination 
of records received under paragraph (1) by the 
person who accessed the records. 
‘‘(12) 
GOOD
FAITH
EXCEPTION.—Notwith-
standing paragraph (1), an air carrier may allow an 
individual to begin service as a pilot, without first 
obtaining information described in paragraph (2)(B) 
from the database pertaining to the individual, if— 
‘‘(A) the air carrier has made a docu-
mented good faith attempt to access the infor-
mation from the database; and 
‘‘(B) has received written notice from the 
Administrator that the information is not con-
tained in the database because the individual 
was employed by an air carrier or other person 
that no longer exists or by a foreign govern-
ment or other entity that has not provided the 
information to the database. 
‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO 
RECORDS.— 
‘‘(A) 
ACCESS
BY
INDIVIDUALS
DES-
IGNATED BY AIR CARRIERS.—For the purpose 
of increasing timely and efficient access to 
records described in paragraph (2), the Admin-
istrator may allow, under terms established by
the Administrator, an individual designated by 
an air carrier to have electronic access to the 
database. 
‘‘(B) TERMS.—The terms established by 
the Administrator under subparagraph (A) for 
allowing a designated individual to have elec-
tronic access to the database shall limit such 
access to instances in which information in the 
database is required by the designated indi-
vidual in making a hiring decision concerning a 
pilot applicant and shall require that the des-
ignated individual provide assurances satisfac-
tory to the Administrator that— 
‘‘(i) the designated individual has re-
ceived the written consent of the pilot ap-
plicant to access the information; and 
‘‘(ii) information obtained using such 
access will not be used for any purpose 
other than making the hiring decision. 
‘‘(14) AUTHORIZED
EXPENDITURES.—Out of 
amounts appropriated under section 106(k)(1), there 
is authorized to be expended to carry out this sub-
section such sums as may be necessary for each of 
fiscal years 2010, 2011, and 2012. 
‘‘(15) REGULATIONS.—
‘‘(A) IN
GENERAL.—The Administrator 
shall issue regulations to carry out this sub-
section. 
‘‘(B) EFFECTIVE DATE.—The regulations 
shall specify the date on which the requirements 
of this subsection take effect and the date on 
which the requirements of subsection (h) cease 
to be effective. 
‘‘(C) EXCEPTIONS.—Notwithstanding sub-
paragraph (B)— 
‘‘(i) the Administrator shall begin to 
establish the database under paragraph (2) 
not later than 90 days after the date of en-
actment of this paragraph; 
‘‘(ii) the Administrator shall maintain 
records in accordance with paragraph (5) 
beginning on the date of enactment of this 
paragraph; and 
‘‘(iii) air carriers and other persons 
shall maintain records to be reported to 
the database under paragraph (4)(B) in 
the period beginning on such date of enact-
ment and ending on the date that is 5 
years after the requirements of subsection
(h) cease to be effective pursuant to sub-
paragraph (B). 
‘‘(16) SPECIAL RULE.—During the one-year pe-
riod beginning on the date on which the require-
ments of this section become effective pursuant to 
paragraph (15)(B), paragraph (7)(A) shall be ap-
plied by substituting ‘45 days’ for ‘30 days’.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) LIMITATION ON LIABILITY; PREEMPTION OF 
STATE LAW.—Section 44703(j) (as redesignated by 
subsection (b)(1) of this section) is amended— 
(A) in the subsection heading by striking 
‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘paragraph (2)’’ and 
inserting ‘‘subsection (h)(2) or (i)(3)’’; 
(ii) in subparagraph (A) by inserting 
‘‘or accessing the records of that individual 
under subsection (i)(1)’’ before the semi-
colon; and 
(iii) in the matter following subpara-
graph (D) by striking ‘‘subsection (h)’’ and 
inserting ‘‘subsection (h) or (i)’’;
(C) in paragraph (2) by striking ‘‘sub-
section (h)’’ and inserting ‘‘subsection (h) or 
(i)’’; 
(D) in paragraph (3), in the matter pre-
ceding subparagraph (A), by inserting ‘‘or who 
furnished information to the database estab-
lished under subsection (i)(2)’’ after ‘‘sub-
section (h)(1)’’; and 
(E) by adding at the end the following: 
‘‘(4) PROHIBITION
ON
ACTIONS
AND
PRO-
CEEDINGS AGAINST AIR CARRIERS.— 
‘‘(A) HIRING DECISIONS.—An air carrier 
may refuse to hire an individual as a pilot if the 
individual did not provide written consent for 
the air carrier to receive records under sub-
section (h)(2)(A) or (i)(3)(A) or did not execute 
the release from liability requested under sub-
section (h)(2)(B) or (i)(3)(B). 
‘‘(B) ACTIONS
AND
PROCEEDINGS.—No 
action or proceeding may be brought against an 
air carrier by or on behalf of an individual who 
has applied for or is seeking a position as a 
pilot with the air carrier if the air carrier re-
fused to hire the individual after the individual 
did not provide written consent for the air car-
rier 
to 
receive 
records 
under 
subsection 
(h)(2)(A) or (i)(3)(A) or did not execute a re-
lease from liability requested under subsection 
(h)(2)(B) or (i)(3)(B).’’. 
(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Section 44703(k) (as redesignated by sub-
section (b)(1) of this section) is amended by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (h) or 
(i)’’. 
SEC. 7. FAA RULEMAKING ON TRAINING PROGRAMS. 
(a) COMPLETION
OF RULEMAKING
ON TRAINING 
PROGRAMS.—Not later than 14 months after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall issue a final rule with re-
spect to the notice of proposed rulemaking published in 
the Federal Register on January 12, 2009 (74 Fed. Reg. 
1280; relating to training programs for flight crew-
members and aircraft dispatchers). 
(b) EXPERT PANEL TO REVIEW PART 121 AND PART 
135 TRAINING HOURS.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Adminis-
trator shall convene a multidisciplinary expert panel 
comprised of, at a minimum, air carrier representa-
tives, training facility representatives, instructional
design experts, aircraft manufacturers, safety orga-
nization representatives, and labor union representa-
tives. 
(2) ASSESSMENT
AND
RECOMMENDATIONS.— 
The panel shall assess and make recommendations 
concerning— 
(A) the best methods and optimal time 
needed for flight crewmembers of part 121 air 
carriers and flight crewmembers of part 135 air 
carriers to master aircraft systems, maneuvers, 
procedures, take offs and landings, and crew co-
ordination; 
(B) the optimal length of time between 
training events for such crewmembers, includ-
ing recurrent training events; 
(C) the best methods to reliably evaluate 
mastery by such crewmembers of aircraft sys-
tems, maneuvers, procedures, take offs and 
landings, and crew coordination; and 
(D) the best methods to allow specific aca-
demic training courses to be credited pursuant 
to section 11(d) toward the total flight hours 
required to receive an airline transport pilot 
certificate.
(3) REPORT.—Not later than one year after the 
date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives, 
the Committee on Commerce, Science, and Trans-
portation of the Senate, and the National Transpor-
tation Safety Board a report based on the findings 
of the panel. 
SEC. 8. AVIATION SAFETY INSPECTORS AND OPERATIONAL 
RESEARCH ANALYSTS. 
(a) REVIEW BY DOT INSPECTOR GENERAL.—Not 
later than 9 months after the date of enactment of this 
Act, the Inspector General of the Department of Trans-
portation shall conduct a review of aviation safety inspec-
tors and operational research analysts of the Federal Avia-
tion Administration assigned to part 121 air carriers and 
submit to the Administrator of the Federal Aviation Ad-
ministration a report on the results of the review. 
(b) PURPOSES.—The purpose of the review shall be, 
at a minimum— 
(1) to review the level of the Administration’s 
oversight of each part 121 air carrier; 
(2) to make recommendations to ensure that 
each part 121 air carrier is receiving an equivalent 
level of oversight;
to assist in the oversight of part 121 air carriers; 
and 
(10) to conduct such other analyses as the In-
spector General considers relevant to the purpose of 
the review. 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the date of receipt of the report submitted under sub-
section (a), the Administrator shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report— 
(1) that specifies which, if any, policy changes 
recommended by the Inspector General under this 
section the Administrator intends to adopt and im-
plement; 
(2) that includes an explanation of how the Ad-
ministrator plans to adopt and implement such pol-
icy changes; and 
(3) in any case in which the Administrator does 
not intend to adopt a policy change recommended by 
the Inspector General, that includes an explanation 
of the reasons for the decision not to adopt and im-
plement the policy change.
SEC. 9. FLIGHT CREWMEMBER MENTORING, PROFES-
SIONAL DEVELOPMENT, AND LEADERSHIP. 
(a) RULEMAKING PROCEEDING.— 
(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall conduct a 
rulemaking proceeding to require each part 121 air 
carrier to take the following actions: 
(A) Establish flight crewmember men-
toring programs under which the air carrier will 
pair highly experienced flight crewmembers who 
will serve as mentor pilots and be paired with 
newly employed flight crewmembers. Mentor pi-
lots shall receive, at a minimum, specific in-
struction on techniques for instilling and rein-
forcing the highest standards of technical per-
formance, airmanship, and professionalism in 
newly employed flight crewmembers. 
(B) Establish flight crewmember profes-
sional development committees made up of air 
carrier management and labor union or profes-
sional association representatives to develop, ad-
minister, and oversee formal mentoring pro-
grams of the carrier to assist flight crew-
members to reach their maximum potential as 
safe, seasoned, and proficient flight crew-
members.
(C) Establish or modify training programs 
to accommodate substantially different levels 
and types of flight experience by newly em-
ployed flight crewmembers. 
(D) Establish or modify training programs 
for second-in-command flight crewmembers at-
tempting to qualify as pilot-in-command flight 
crewmembers for the first time in a specific air-
craft type and ensure that such programs in-
clude leadership and command training. 
(E) Ensure that recurrent training for pi-
lots in command includes leadership and com-
mand training. 
(F) Such other actions as the Adminis-
trator determines appropriate to enhance flight 
crewmember professional development. 
(2) COMPLIANCE
WITH
STERILE
COCKPIT 
RULE.—Leadership and command training described 
in paragraphs (1)(D) and (1)(E) shall include in-
struction on compliance with flight crewmember du-
ties under part 121.542 of title 14, Code of Federal 
Regulations. 
(3) STREAMLINED PROGRAM REVIEW.— 
(A) IN
GENERAL.—As part of the rule-
making required by subsection (a), the Admin-
istrator shall establish a streamlined process for 
part 121 air carriers that have in effect, as of 
the date of enactment of this Act, the programs 
required by paragraph (1). 
(B) EXPEDITED APPROVALS.—Under the 
streamlined process, the Administrator shall— 
(i) review the programs of such part 
121 air carriers to determine whether the 
programs meet the requirements set forth 
in the final rule referred to in subsection 
(b)(2); and 
(ii) expedite the approval of the pro-
grams that the Administrator determines 
meet such requirements. 
(b) DEADLINES.—The Administrator shall issue— 
(1) not later than 180 days after the date of 
enactment of this Act, a notice of proposed rule-
making under subsection (a); and 
(2) not later than 24 months after such date of 
enactment, a final rule under subsection (a). 
SEC. 10. FLIGHT CREWMEMBER SCREENING AND QUALI-
FICATIONS. 
(a) REQUIREMENTS.— 
(1) RULEMAKING PROCEEDING.—The Adminis-
trator of the Federal Aviation Administration shall
conduct a rulemaking proceeding to require part 121 
air carriers to develop and implement means and 
methods for ensuring that flight crewmembers have 
proper qualifications and experience. 
(2) MINIMUM REQUIREMENTS.— 
(A) 
PROSPECTIVE
FLIGHT
CREW-
MEMBERS.—Rules issued under paragraph (1) 
shall ensure that prospective flight crew-
members undergo comprehensive pre-employ-
ment screening, including an assessment of the 
skills, aptitudes, airmanship, and suitability of 
each applicant for a position as a flight crew-
member in terms of functioning effectively in 
the air carrier’s operational environment. 
(B) ALL
FLIGHT
CREWMEMBERS.—Rules 
issued under paragraph (1) shall ensure that, 
after the date that is 3 years after the date of 
enactment of this Act, all flight crewmembers— 
(i) have obtained an airline transport 
pilot certificate under part 61 of title 14, 
Code of Federal Regulations; and 
(ii) have appropriate multi-engine air-
craft flight experience, as determined by 
the Administrator. 
(b) DEADLINES.—The Administrator shall issue—
(1) not later than 180 days after the date of 
enactment of this Act, a notice of proposed rule-
making under subsection (a); and 
(2) not later than 24 months after such date of 
enactment, a final rule under subsection (a). 
SEC. 11. AIRLINE TRANSPORT PILOT CERTIFICATION. 
(a) RULEMAKING PROCEEDING.—The Administrator 
of the Federal Aviation Administration shall conduct a 
rulemaking proceeding to amend part 61 of title 14, Code 
of Federal Regulations, to modify requirements for the 
issuance of an airline transport pilot certificate. 
(b) MINIMUM REQUIREMENTS.—To be qualified to 
receive an airline transport pilot certificate pursuant to 
subsection (a), an individual shall— 
(1) have sufficient flight hours, as determined 
by the Administrator, to enable a pilot to function 
effectively in an air carrier operational environment; 
and 
(2) have received flight training, academic 
training, or operational experience that will prepare 
a pilot, at a minimum, to— 
(A) function effectively in a multipilot envi-
ronment; 
(B) function effectively in adverse weather 
conditions, including icing conditions;
(C) function effectively during high alti-
tude operations; 
(D) adhere to the highest professional 
standards; and 
(E) function effectively in an air carrier 
operational environment. 
(c) FLIGHT HOURS.— 
(1) NUMBERS OF FLIGHT HOURS.—The total 
flight hours required by the Administrator under 
subsection (b)(1) shall be at least 1,500 flight hours. 
(2) FLIGHT
HOURS
IN
DIFFICULT
OPER-
ATIONAL CONDITIONS.—The total flight hours re-
quired by the Administrator under subsection (b)(1) 
shall include sufficient flight hours, as determined 
by the Administrator, in difficult operational condi-
tions that may be encountered by an air carrier to 
enable a pilot to operate safely in such conditions. 
(d) CREDIT TOWARD FLIGHT HOURS.—The Admin-
istrator may allow specific academic training courses, be-
yond those required under subsection (b)(2), to be credited 
toward the total flight hours required under subsection 
(c). The Administrator may allow such credit based on a 
determination by the Administrator that allowing a pilot 
to take specific academic training courses will enhance
safety more than requiring the pilot to fully comply with 
the flight hours requirement. 
(e) RECOMMENDATIONS
OF EXPERT PANEL.—In 
conducting the rulemaking proceeding under this section, 
the Administrator shall review and consider the assess-
ment and recommendations of the expert panel to review 
part 121 and part 135 training hours established by sec-
tion 7(b) of this Act. 
(f) DEADLINE.—Not later than 36 months after the 
date of enactment of this Act, the Administrator shall 
issue a final rule under subsection (a). 
SEC. 12. FLIGHT SCHOOLS, FLIGHT EDUCATION, AND PILOT 
ACADEMIC TRAINING. 
(a) GAO STUDY.—The Comptroller General shall 
conduct a comprehensive study of flight schools, flight 
education, and academic training requirements for certifi-
cation of an individual as a pilot. 
(b) MINIMUM CONTENTS
OF STUDY.—The study 
shall include, at a minimum— 
(1) an assessment of the Federal Aviation Ad-
ministration’s oversight of flight schools; 
(2) an assessment of the Administration’s aca-
demic training requirements in effect on the date of 
enactment of this Act as compared to flight edu-
cation provided to a pilot by accredited 2- and 4- 
year universities; 
(3) an assessment of the quality of pilots enter-
ing the part 121 air carrier workforce from all 
sources after receiving training from flight training 
providers, including Aviation Accreditation Board 
International, universities, pilot training organiza-
tions, and the military, utilizing the training records 
of part 121 air carriers, including consideration of 
any relationships between flight training providers 
and air carriers; 
(4) a comparison of the academic training re-
quirements for pilots in the United States to the 
academic training requirements for pilots in other 
countries; 
(5) a determination and description of any im-
provements that may be needed in the Administra-
tion’s academic training requirements for pilots; 
(6) an assessment of student financial aid and 
loan options available to individuals interested in en-
rolling at a flight school for both academic and flight 
hour training; 
(7) an assessment of the Federal Aviation Ad-
ministration’s oversight of general aviation flight 
schools that offer or would like to offer training pro-
grams under part 142 of title 14, Code of Federal 
Regulations; and 
(8) an assessment of whether compliance with 
the English speaking requirements applicable to pi-
lots under part 61 of such title is adequately tested 
and enforced. 
(c) REPORT.—Not later than 120 days after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
SEC. 13. VOLUNTARY SAFETY PROGRAMS. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science 
and Transportation of the Senate a report on the aviation 
safety action program, the flight operational quality assur-
ance program, the line operations safety audit, and the 
advanced qualification program. 
(b) CONTENTS.—The report shall include— 
(1) a list of—
(A) which air carriers are using one or 
more of the voluntary safety programs referred 
to in subsection (a); and 
(B) the voluntary safety programs each air 
carrier is using; 
(2) if an air carrier is not using one or more 
of the voluntary safety programs— 
(A) a list of such programs the carrier is 
not using; and 
(B) the reasons the carrier is not using 
each such program; 
(3) if an air carrier is using one or more of the 
voluntary safety programs, an explanation of the 
benefits and challenges of using each such program; 
(4) a detailed analysis of how the Administra-
tion is using data derived from each of the voluntary 
safety programs as safety analysis and accident or 
incident prevention tools and a detailed plan on how 
the Administration intends to expand data analysis 
of such programs; 
(5) an explanation of— 
(A) where the data derived from such pro-
grams is stored; 
(B) how the data derived from such pro-
grams is protected and secured; and
(C) what data analysis processes air car-
riers are implementing to ensure the effective 
use of the data derived from such programs; 
(6) a description of the extent to which aviation 
safety inspectors are able to review data derived 
from such programs to enhance their oversight re-
sponsibilities; 
(7) a description of how the Administration 
plans to incorporate operational trends identified 
under such programs into the air transport oversight 
system and other surveillance databases so that such 
system and databases are more effectively utilized; 
(8) other plans to strengthen such programs, 
taking into account reviews of such programs by the 
Inspector General of the Department of Transpor-
tation; and 
(9) such other matters as the Administrator de-
termines are appropriate. 
SEC. 14. ASAP AND FOQA IMPLEMENTATION PLAN. 
(a) DEVELOPMENT AND IMPLEMENTATION PLAN.— 
The Administrator of the Federal Aviation Administration 
shall develop and implement a plan to facilitate the estab-
lishment of an aviation safety action program and a flight 
operational quality assurance program by all part 121 air 
carriers.
(b) MATTERS TO BE CONSIDERED.—In developing 
the plan under subsection (a), the Administrator shall con-
sider— 
(1) how the Administration can assist part 121 
air carriers with smaller fleet sizes to derive benefit 
from establishing a flight operational quality assur-
ance program; 
(2) how part 121 air carriers with established 
aviation safety action and flight operational quality 
assurance programs can quickly begin to report data 
into the aviation safety information analysis sharing 
database; and 
(3) how part 121 air carriers and aviation safe-
ty inspectors can better utilize data from such data-
base as accident and incident prevention tools. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Science, Commerce, and Transportation of the Senate a 
copy of the plan developed under subsection (a) and an 
explanation of how the Administration will implement the 
plan. 
(d) DEADLINE FOR BEGINNING IMPLEMENTATION 
OF PLAN.—Not later than one year after the date of en-
the program established by the Federal Aviation Adminis-
tration in Advisory Circular 120–92, dated June 22, 2006, 
including any subsequent revisions thereto. 
SEC. 16. DISCLOSURE OF AIR CARRIERS OPERATING 
FLIGHTS FOR TICKETS SOLD FOR AIR TRANS-
PORTATION. 
Section 41712 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF 
TICKETS FOR FLIGHTS.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for any ticket 
agent, air carrier, foreign air carrier, or other person 
offering to sell tickets for air transportation on a 
flight of an air carrier to not disclose, whether ver-
bally in oral communication or in writing in written 
or electronic communication, prior to the purchase 
of a ticket— 
‘‘(A) the name (including any business or 
corporate name) of the air carrier providing the 
air transportation; and 
‘‘(B) if the flight has more than one flight 
segment, the name of each air carrier providing 
the air transportation for each such flight seg-
ment.
‘‘(2) INTERNET
OFFERS.—In the case of an 
offer to sell tickets described in paragraph (1) on an 
Internet Web site, disclosure of the information re-
quired by paragraph (1) shall be provided on the 
first display of the Web site following a search of a 
requested itinerary in a format that is easily visible 
to a viewer.’’. 
SEC. 17. PILOT FATIGUE. 
(a) FLIGHT AND DUTY TIME REGULATIONS.— 
(1) IN
GENERAL.—In accordance with para-
graph (3), the Administrator of the Federal Aviation 
Administration shall issue regulations, based on the 
best available scientific information— 
(A) to specify limitations on the hours of 
flight and duty time allowed for pilots to ad-
dress problems relating to pilot fatigue; and 
(B) to require part 121 air carriers to de-
velop and implement fatigue risk management 
plans. 
(2) MATTERS
TO
BE
ADDRESSED.—In con-
ducting the rulemaking proceeding under this sub-
section, the Administrator shall consider and review 
the following: 
(A) Time of day of flights in a duty period.
(B) Number of takeoff and landings in a 
duty period. 
(C) Number of time zones crossed in a 
duty period. 
(D) The impact of functioning in multiple 
time zones or on different daily schedules. 
(E) Research conducted on fatigue, sleep, 
and circadian rhythms. 
(F) Sleep and rest requirements rec-
ommended by the National Transportation 
Safety Board and the National Aeronautics and 
Space Administration. 
(G) 
International 
standards 
regarding 
flight schedules and duty periods. 
(H) Alternative procedures to facilitate 
alertness in the cockpit. 
(I) Scheduling and attendance policies and 
practices, including sick leave. 
(J) The effects of commuting, the means 
of commuting, and the length of the commute. 
(K) Medical screening and treatment. 
(L) Rest environments. 
(M) Any other matters the Administrator 
considers appropriate.
(3) 
DEADLINES.—The 
Administrator 
shall 
issue— 
(A) not later than 180 days after the date 
of enactment of this Act, a notice of proposed 
rulemaking under subsection (a); and 
(B) not later than one year after the date 
of enactment of this Act, a final rule under sub-
section (a). 
(b) FATIGUE RISK MANAGEMENT PLAN.— 
(1) SUBMISSION
OF
FATIGUE
RISK
MANAGE-
MENT PLAN BY PART 121 AIR CARRIERS.—Not later 
than 90 days after the date of enactment of this sec-
tion, each part 121 air carrier shall submit to the 
Administrator for review and approval a fatigue risk 
management plan. 
(2) CONTENTS OF PLAN.—A fatigue risk man-
agement plan submitted by a part 121 air carrier 
under paragraph (1) shall include the following: 
(A) Current flight time and duty period 
limitations. 
(B) A rest scheme that enables the man-
agement of fatigue, including annual training to 
increase awareness of— 
(i) fatigue;
(ii) the effects of fatigue on pilots; 
and 
(iii) fatigue countermeasures. 
(C) Development and use of a methodology 
that continually assesses the effectiveness of the 
program, including the ability of the program— 
(i) to improve alertness; and 
(ii) to mitigate performance errors. 
(3) PLAN UPDATES.—A part 121 air carrier 
shall update its fatigue risk management plan under 
paragraph (1) every 2 years and submit the update 
to the Administrator for review and approval. 
(4) APPROVAL.— 
(A) INITIAL
APPROVAL
OR
MODIFICA-
TION.—Not later than 9 months after the date 
of enactment of this section, the Administrator 
shall review and approve or require modification 
to fatigue risk management plans submitted 
under this subsection to ensure that pilots are 
not operating aircraft while fatigued. 
(B) UPDATE
APPROVAL
OR
MODIFICA-
TION.—Not later than 9 months after submis-
sion of a plan update under paragraph (3), the 
Administrator shall review and approve or re-
quire modification to such update.
(5) CIVIL PENALTIES.—A violation of this sub-
section by a part 121 air carrier shall be treated as 
a violation of chapter 447 of title 49, United States 
Code, for purposes of the application of civil pen-
alties under chapter 463 of that title. 
(6) LIMITATION ON APPLICABILITY.—The re-
quirements of this subsection shall cease to apply to 
a part 121 air carrier on and after the effective date 
of the regulations to be issued under subsection (a). 
(c) EFFECT OF COMMUTING ON FATIGUE.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
shall enter into appropriate arrangements with the 
National Academy of Sciences to conduct a study of 
the effects of commuting on pilot fatigue and report 
its findings to the Administrator. 
(2) STUDY.—In conducting the study, the Na-
tional Academy of Sciences shall consider— 
(A) the prevalence of pilot commuting in 
the commercial air carrier industry, including 
the number and percentage of pilots who com-
mute; 
(B) information relating to commuting by 
pilots, including distances traveled, time zones 
crossed, time spent, and methods used;
(C) research on the impact of commuting 
on pilot fatigue, sleep, and circadian rhythms; 
(D) commuting policies of commercial air 
carriers (including passenger and all-cargo air 
carriers), including pilot check-in requirements 
and sick leave and fatigue policies; 
(E) post-conference materials from the 
Federal Aviation Administration’s June 2008 
symposium entitled ‘‘Aviation Fatigue Manage-
ment Symposium: Partnerships for Solutions’’; 
(F) Federal Aviation Administration and 
international policies and guidance regarding 
commuting; and 
(G) any other matters as the Adminis-
trator considers appropriate. 
(3) PRELIMINARY FINDINGS.—Not later than 
90 days after the date of entering into arrangements 
under paragraph (1), the National Academy of 
Sciences shall submit to the Administrator its pre-
liminary findings under the study. 
(4) REPORT.—Not later than 6 months after 
the date of entering into arrangements under para-
graph (1), the National Academy of Sciences shall 
submit to the Administrator a report containing its 
findings under the study and any recommendations
for regulatory or administrative actions by the Fed-
eral Aviation Administration concerning commuting 
by pilots. 
(5) RULEMAKING.—Following receipt of the re-
port of the National Academy of Sciences under 
paragraph (4), the Administrator shall— 
(A) consider the findings and recommenda-
tions in the report; and 
(B) update, as appropriate based on sci-
entific data, regulations required by subsection 
(a) on flight and duty time. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection. 
SEC. 18. FLIGHT CREWMEMBER PAIRING AND CREW RE-
SOURCE MANAGEMENT TECHNIQUES. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on aviation in-
dustry best practices with regard to flight crewmember 
pairing and crew resource management techniques. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
Passed the House of Representatives October 14, 
2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 3371 
AN ACT 
To amend title 49, United States Code, to improve 
airline safety and pilot training, and for other 
purposes.