AIRLINE SAFETY AND FEDERAL AVIAT

AIRLINE SAFETY AND FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010

[[Page 124 STAT. 2348]]

Public Law 111-216

111th Congress

An Act

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend airport improvement program project grant authority and to improve airline safety, and for other purposes. <<NOTE: Aug. 1, 2010 - [H.R. 5900]>>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Airline Safety and Federal Aviation Administration Extension Act of 2010. 49 USC 40101 note.>>

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Airline Safety and Federal Aviation Administration Extension Act of 2010''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I--AIRPORT AND AIRWAY EXTENSION

Sec. 101. Extension of taxes funding Airport and Airway Trust Fund.

Sec. 102. Extension of Airport and Airway Trust Fund expenditure authority.

Sec. 103. Extension of airport improvement program.

Sec. 104. Extension of expiring authorities.

Sec. 105. Federal Aviation Administration operations.

Sec. 106. Air navigation facilities and equipment.

Sec. 107. Research, engineering, and development.

TITLE II--AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT

Sec. 201. Definitions.

Sec. 202. Secretary of Transportation responses to safety recommendations.

Sec. 203. FAA pilot records database.

Sec. 204. FAA Task Force on Air Carrier Safety and Pilot Training.

Sec. 205. Aviation safety inspectors and operational research analysts.

Sec. 206. Flight crewmember mentoring, professional development, and leadership.

Sec. 207. Flight crewmember pairing and crew resource management techniques.

Sec. 208. Implementation of NTSB flight crewmember training recommendations.

Sec. 209. FAA rulemaking on training programs.

Sec. 210. Disclosure of air carriers operating flights for tickets sold for air transportation.

Sec. 211. Safety inspections of regional air carriers.

Sec. 212. Pilot fatigue.

Sec. 213. Voluntary safety programs.

Sec. 214. ASAP and FOQA implementation plan.

Sec. 215. Safety management systems.

Sec. 216. Flight crewmember screening and qualifications.

Sec. 217. Airline transport pilot certification.

[[Page 124 STAT. 2349]]

TITLE I--AIRPORT AND AIRWAY EXTENSION

SEC. 101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST

FUND.

(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 4081.>> is amended by striking ``August 1, 2010'' and inserting ``September 30, 2010''.

(b) Ticket Taxes.--

(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``August 1, 2010'' and inserting ``September 30, 2010''.

(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``August 1, 2010'' and inserting ``September 30, 2010''.

(c) <<NOTE: 26 USC 4081 note.>> Effective Date.--The amendments made by this section shall take effect on August 2, 2010.

SEC. 102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

(a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended--

(1) by striking ``August 2, 2010'' and inserting ``October 1, 2010''; and

(2) by inserting ``or the Airline Safety and Federal Aviation Administration Extension Act of 2010'' before the semicolon at the end of subparagraph (A).

(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking ``August 2, 2010'' and inserting ``October 1, 2010''.

(c) <<NOTE: 26 USC 9502 note.>> Effective Date.--The amendments made by this section shall take effect on August 2, 2010.

SEC. 103. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

Section 47104(c) of title 49, United States Code, is amended by striking ``August 1, 2010,'' and inserting ``September 30, 2010,''.

SEC. 104. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``August 2, 2010.'' and inserting ``October 1, 2010.''.

(b) Section 44302(f)(1) of such title is amended--

(1) by striking ``August 1, 2010,'' and inserting ``September 30, 2010,''; and

(2) by striking ``October 31, 2010,'' and inserting ``December 31, 2010,''.

(d) Section 47107(s)(3) of such title is amended by striking ``August 2, 2010.'' and inserting ``October 1, 2010.''.

(e) Section 47115(j) of such title is amended by striking ``fiscal years 2004 through 2009, and for the portion of fiscal year 2010 ending before August 2, 2010,'' and inserting ``fiscal years 2004 through 2010,''.

(f) Section 47141(f) of such title is amended by striking ``August 1, 2010.'' and inserting ``September 30, 2010.''.

[[Page 124 STAT. 2350]]

(g) Section 49108 of such title is amended by striking ``August 1, 2010,'' and inserting ``September 30, 2010,''.

(h) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``fiscal year 2009, or in the portion of fiscal year 2010 ending before August 2, 2010,'' and inserting ``fiscal year 2009 or 2010''.

(i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking ``October 1, 2009, and for the portion of fiscal year 2010 ending before August 2, 2010,'' and inserting ``October 1, 2010,''.

(j) <<NOTE: Effective date. 49 USC 40117 note.>> The amendments made by this section shall take effect on August 2, 2010.

SEC. 105. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

Section 106(k)(1)(F) of title 49, United States Code, is amended to read as follows:``(F) $9,350,028,000 for fiscal year 2010.''.

SEC. 106. AIR NAVIGATION FACILITIES AND EQUIPMENT.

Section 48101(a)(6) of title 49, United States Code, is amended to read as follows: ``(6) $2,936,203,000 for fiscal year 2010.''.

SEC. 107. RESEARCH, ENGINEERING, AND DEVELOPMENT.

Section 48102(a)(14) of title 49, United States Code, is amended to read as follows: ``(14) $190,500,000 for fiscal year 2010.''.

TITLE II--AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT

SEC. 201. <<NOTE: 49 USC 44701 note.>> DEFINITIONS.

(a) Definitions.--In this title, the following definitions apply:

(1) Advanced qualification program.--The term ``advanced qualification program'' means the program established by the Federal Aviation Administration in Advisory Circular 120-54A, dated June 23, 2006, including any subsequent revisions thereto.

(2) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102 of title 49, United States Code.

(3) Aviation safety action program.--The term ``aviation safety action program'' means the program established by the Federal Aviation Administration in Advisory Circular 120-66B, dated November 15, 2002, including any subsequent revisions thereto.

(4) Flight crewmember.--The term ``flight crewmember'' has the meaning given the term ``flightcrew member'' in part 1 of title 14, Code of Federal Regulations.

(5) Flight operational quality assurance program.--The term ``flight operational quality assurance program'' means the program established by the Federal Aviation Administration in Advisory Circular 120-82, dated April 12, 2004, including any subsequent revisions thereto.

(6) Line operations safety audit.--The term ``line operations safety audit'' means the procedure referenced by the

[[Page 124 STAT. 2351]]

Federal Aviation Administration in Advisory Circular 120-90, dated April 27, 2006, including any subsequent revisions thereto.

(7) Part 121 air carrier.--The term ``part 121 air carrier'' means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

(8) Part 135 air carrier.--The term ``part 135 air carrier'' means an air carrier that holds a certificate issued under part 135 of title 14, Code of Federal Regulations.

SEC. 202. <<NOTE: 49 USC 44701 note.>> SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY RECOMMENDATIONS.

(a) In General.--The first sentence of section 1135(a) <<NOTE: 49 USC 1135.>> is amended by inserting ``to the Board'' after ``shall

give''.

(b) Air Carrier Safety Recommendations.--Section 1135 is amended--

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following:

``(d) Annual Report on Air Carrier Safety Recommendations.--

`(1) In general.--The Secretary shall submit to Congress and the Board, on an annual basis, a report on the recommendations made by the Board to the Secretary regarding air carrier operations conducted under part 121 of title 14, Code of Federal Regulations.

``(2) Recommendations to be covered.--The report shall cover--

``(A) any recommendation for which the Secretary has developed, or intends to develop, procedures to adopt the recommendation or part of the recommendation, but has yet to complete the procedures; and

``(B) any recommendation for which the Secretary, in

the preceding year, has issued a response under

subsection (a)(2) or (a)(3) refusing to carry out all or

part of the procedures to adopt the recommendation.

``(3) Contents.--

``(A) Plans to adopt recommendations.--For each

recommendation of the Board described in paragraph

(2)(A), the report shall contain--

``(i) a description of the recommendation;

``(ii) a description of the procedures planned

for adopting the recommendation or part of the

recommendation;

``(iii) the proposed date for completing the

procedures; and

``(iv) if the Secretary has not met a deadline

contained in a proposed timeline developed in

connection with the recommendation under

subsection (b), an explanation for not meeting the

deadline.

``(B) Refusals to adopt recommendations.--For each

recommendation of the Board described in paragraph

(2)(B), the report shall contain--

``(i) a description of the recommendation; and

``(ii) a description of the reasons for the

refusal to carry out all or part of the procedures

to adopt the recommendation.''.

[[Page 124 STAT. 2352]]

SEC. 203. <<NOTE: 49 USC 44701 note.>> FAA PILOT RECORDS

DATABASE.

(a) Records of Employment of Pilot Applicants.--Section 44703(h) of

title 49, United States Code, is amended by adding at the end the

following:

``(16) <<NOTE: Termination date.>> Applicability.--This

subsection shall cease to be effective on the date specified in

regulations issued under subsection (i).''.

(b) Establishment of FAA Pilot Records Database.--Section 44703 of

such title is amended--

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

(j) and (k), respectively; and

(2) by inserting after subsection (h) the following:

``(i) FAA Pilot Records Database.--

``(1) In general.--Before allowing an individual to begin

service as a pilot, an air carrier shall access and evaluate, in

accordance with the requirements of this subsection, information

pertaining to the individual from the pilot records database

established under paragraph (2).

``(2) Pilot records database.--The Administrator shall

establish an electronic database (in this subsection referred to

as the `database') containing the following records:

``(A) FAA records.--From the Administrator--

``(i) records that are maintained by the

Administrator concerning current airman

certificates, including airman medical

certificates and associated type ratings and

information on any limitations to those

certificates and ratings;

``(ii) records that are maintained by the

Administrator concerning any failed attempt of an

individual to pass a practical test required to

obtain a certificate or type rating under part 61

of title 14, Code of Federal Regulations; and

``(iii) summaries of legal enforcement actions

resulting in a finding by the Administrator of a

violation of this title or a regulation prescribed

or order issued under this title that was not

subsequently overturned.

``(B) Air carrier and other records.--From any air

carrier or other person (except a branch of the Armed

Forces, the National Guard, or a reserve component of

the Armed Forces) that has employed an individual as a

pilot of a civil or public aircraft, or from the trustee

in bankruptcy for the air carrier or person--

``(i) records pertaining to the individual

that are maintained by the air carrier (other than

records relating to flight time, duty time, or

rest time) or person, including records under

regulations set forth in--

``(I) section 121.683 of title 14,

Code of Federal Regulations;

``(II) section 121.111(a) of such

title;

``(III) section 121.219(a) 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--

[[Page 124 STAT. 2353]]

``(I) the training, qualifications,

proficiency, or professional competence

of the individual, including comments

and evaluations made by a check airman

designated in accordance with section

121.411, 125.295, or 135.337 of such

title;

``(II) any disciplinary action taken

with respect to the individual that was

not subsequently overturned; and

``(III) any release from employment

or resignation, termination, or

disqualification with respect to

employment.

``(C) National driver register records.--In

accordance with section 30305(b)(8) of this title, from

the chief driver licensing official of a State,

information concerning the motor vehicle driving record

of the individual.

``(3) Written consent; release from liability.--An air

carrier--

``(A) shall obtain the written consent of an

individual before accessing records pertaining to the

individual under paragraph (1); and

``(B) may, notwithstanding any other provision of

law or agreement to the contrary, require an individual

with respect to whom the carrier is accessing records

under paragraph (1) to execute a release from liability

for any claim arising from accessing the records or the

use of such records by the air carrier in accordance

with this section (other than a claim arising from

furnishing information known to be false and maintained

in violation of a criminal statute).

``(4) Reporting.--

``(A) Reporting by administrator.--The Administrator

shall enter data described in paragraph (2)(A) into the

database promptly to ensure that an individual's records

are current.

``(B) Reporting by air carriers and other persons.--

``(i) In general.--Air carriers and other

persons shall report data described in paragraphs

(2)(B) and (2)(C) to the Administrator promptly

for entry into the database.

``(ii) Data to be reported.--Air carriers and

other persons shall report, at a minimum, under

clause (i) the following data described in

paragraph (2)(B):

``(I) Records that are generated by

the air carrier or other person after

the date of enactment of this paragraph.

``(II) Records that the air carrier

or other person is maintaining, on such

date of enactment, pursuant to

subsection (h)(4).

``(5) Requirement to maintain records.--The Administrator--

``(A) shall maintain all records entered into the

database under paragraph (2) pertaining to an individual

until the date of receipt of notification that the

individual is deceased; and

``(B) may remove the individual's records from the

database after that date.

[[Page 124 STAT. 2354]]

``(6) Receipt of consent.--The Administrator shall not

permit an air carrier to access records pertaining to an

individual from the database under paragraph (1) without the air

carrier first demonstrating to the satisfaction of the

Administrator that the air carrier has obtained the written

consent of the individual.

``(7) Right of pilot to review certain records and correct

inaccuracies.--Notwithstanding any other provision of law or

agreement, the Administrator, upon receipt of written request

from an individual--

``(A) <<NOTE: Deadline.>> shall make available, not

later than 30 days after the date of the request, to the

individual for review all records referred to in

paragraph (2) pertaining to the individual; and

``(B) shall provide the individual with a reasonable

opportunity to submit written comments to correct any

inaccuracies contained in the records.

``(8) Reasonable charges for processing requests and

furnishing copies.--

``(A) In general.--The Administrator may establish a

reasonable charge for the cost of processing a request

under paragraph (1) or (7) and for the cost of

furnishing copies of requested records under paragraph

(7).

``(B) Crediting appropriations.--Funds received by

the Administrator pursuant to this paragraph shall--

``(i) be credited to the appropriation current

when the amount is received;

``(ii) be merged with and available for the

purposes of such appropriation; and

``(iii) remain available until expended.

``(9) Privacy protections.--

``(A) Use of records.--An air carrier that accesses

records pertaining to an individual under paragraph (1)

may use the records only to assess the qualifications of

the individual in deciding whether or not to hire the

individual as a pilot. The air carrier shall take such

actions as may be necessary to protect the privacy of

the individual and the confidentiality of the records

accessed, including ensuring that information contained

in the records is not divulged to any individual that is

not directly involved in the hiring decision.

``(B) Disclosure of information.--

``(i) In general.--Except as provided by

clause (ii), information collected by the

Administrator under paragraph (2) shall be exempt

from the disclosure requirements of section 552 of

title 5.

``(ii) Exceptions.--Clause (i) shall not apply

to--

``(I) deidentified, summarized

information to explain the need for

changes in policies and regulations;

``(II) information to correct a

condition that compromises safety;

``(III) information to carry out a

criminal investigation or prosecution;

``(IV) information to comply with

section 44905, regarding information

about threats to civil aviation; and

[[Page 124 STAT. 2355]]

``(V) such information as the

Administrator determines necessary, if

withholding the information would not be

consistent with the safety

responsibilities of the Federal Aviation

Administration.

``(10) Periodic review.--Not

later <<NOTE: Deadlines. Statement.>> than 18 months after the

date of enactment of this paragraph, and at least once every 3

years thereafter, the Administrator shall transmit to Congress a

statement that contains, taking into account recent developments

in the aviation industry--

``(A) recommendations by the Administrator

concerning proposed changes to Federal Aviation

Administration records, air carrier records, and other

records required to be included in the database under

paragraph (2); or

``(B) reasons why the Administrator does not

recommend any proposed changes to the records referred

to in subparagraph (A).

``(11) Regulations for protection and security of records.--

The Administrator shall prescribe such regulations as may be

necessary--

``(A) to protect and secure--

``(i) the personal privacy of any individual

whose records are accessed under paragraph (1);

and

``(ii) the confidentiality of those records;

and

``(B) to preclude the further dissemination of

records received under paragraph (1) by the person who

accessed the records.

``(12) Good faith exception.--Notwithstanding paragraph (1),

an air carrier may allow an individual to begin service as a

pilot, without first obtaining information described in

paragraph (2)(B) from the database pertaining to the individual,

if--

``(A) the air carrier has made a documented good

faith attempt to access the information from the

database; and

``(B) the air carrier has received written notice

from the Administrator that the information is not

contained in the database because the individual was

employed by an air carrier or other person that no

longer exists or by a foreign government or other entity

that has not provided the information to the database.

``(13) Limitations on electronic access to records.--

``(A) Access by individuals designated by air

carriers.--For the purpose of increasing timely and

efficient access to records described in paragraph (2),

the Administrator may allow, under terms established by

the Administrator, an individual designated by an air

carrier to have electronic access to the database.

``(B) Terms.--The terms established by the

Administrator under subparagraph (A) for allowing a

designated individual to have electronic access to the

database shall limit such access to instances in which

information in the database is required by the

designated individual in making a hiring decision

concerning a pilot applicant and shall require that the

designated individual provide assurances satisfactory to

the Administrator that--

[[Page 124 STAT. 2356]]

``(i) the designated individual has received

the written consent of the pilot applicant to

access the information; and

``(ii) information obtained using such access

will not be used for any purpose other than making

the hiring decision.

``(14) Authorized expenditures.--Of amounts appropriated

under section 106(k)(1), a total of $6,000,000 for fiscal years

2010 through 2013 may be used to carry out this subsection.

``(15) Regulations.--

``(A) In general.--The Administrator shall issue

regulations to carry out this subsection.

``(B) Effective date.--The regulations shall specify

the date on which the requirements of this subsection

take effect and the date on which the requirements of

subsection (h) cease to be effective.

``(C) Exceptions.--Notwithstanding subparagraph

(B)--

``(i) <<NOTE: Deadline.>> the Administrator

shall begin to establish the database under

paragraph (2) not later than 90 days after the

date of enactment of this paragraph;

``(ii) <<NOTE: Effective date.>> the

Administrator shall maintain records in accordance

with paragraph (5) beginning on the date of

enactment of this paragraph; and

``(iii) <<NOTE: Time period.>> 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 enactment and

ending on the date that is 5 years after the

requirements of subsection (h) cease to be

effective pursuant to subparagraph (B).

``(16) Special rule.--During the <<NOTE: Time

period. Applicability.>> one-year period beginning on the date

on which the requirements of this section become effective

pursuant to paragraph (15)(B), paragraph (7)(A) shall be applied

by substituting `45 days' for `30 days'.''.

(1) Limitation on liability; preemption of state law.--

Section 44703(j) (as redesignated by subsection (b)(1) of this

section) is amended--

(A) in the subsection heading by striking

``Limitation'' and inserting ``Limitations'';

(B) in paragraph (1)--

(i) in the matter preceding subparagraph (A)

by striking ``paragraph (2)'' and inserting

``subsection (h)(2) or (i)(3)'';

(ii) in subparagraph (A) by inserting ``or

accessing the records of that individual under

subsection (i)(1)'' before the semicolon; and

(iii) in the matter following subparagraph (D)

by striking ``subsection (h)'' and inserting

``subsection (h) or (i)'';

and inserting ``subsection (h) or (i)'';

(D) in paragraph (3), in the matter preceding

subparagraph (A), by inserting ``or who furnished

information to the database established under subsection

(i)(2)'' after ``subsection (h)(1)''; and

[[Page 124 STAT. 2357]]

(E) by adding at the end the following:

``(4) Prohibition on actions and proceedings against air

carriers.--

``(A) Hiring decisions.--An air carrier may refuse

to hire an individual as a pilot if the individual did

not provide written consent for the air carrier to

receive records under subsection (h)(2)(A) or (i)(3)(A)

or did not execute the release from liability requested

under subsection (h)(2)(B) or (i)(3)(B).

``(B) Actions and proceedings.--No action or

proceeding may be brought against an air carrier by or

on behalf of an individual who has applied for or is

seeking a position as a pilot with the air carrier if

the air carrier refused to hire the individual after the

individual did not provide written consent for the air

carrier to receive records under subsection (h)(2)(A) or

(i)(3)(A) or did not execute a release from liability

requested under subsection (h)(2)(B) or (i)(3)(B).''.

(2) Limitation on statutory construction.--Section 44703(k)

(as redesignated by subsection (b)(1) of this section) is

amended by striking ``subsection (h)'' and inserting

``subsection (h) or (i)''.

SEC. 204. <<NOTE: 49 USC 44701 note.>> FAA TASK FORCE ON AIR

CARRIER SAFETY AND PILOT TRAINING.

(a) Establishment.--The Administrator of the Federal Aviation

Administration shall establish a special task force to be known as the

FAA Task Force on Air Carrier Safety and Pilot Training (in this section

referred to as the ``Task Force'').

(b) Composition.--The Task Force shall consist of members appointed

by the Administrator and shall include air carrier representatives,

labor union representatives, and aviation safety experts with knowledge

of foreign and domestic regulatory requirements for flight crewmember

education and training.

minimum, evaluating best practices in the air carrier industry and

providing recommendations in the following areas:

(1) Air carrier management responsibilities for flight

crewmember education and support.

(2) Flight crewmember professional standards.

(3) Flight crewmember training standards and performance.

(4) Mentoring and information sharing between air carriers.

(d) Report.--Not later than one year after the date of enactment of

this Act, and before the last day of each one-year period thereafter

until termination of the Task Force, the Task Force shall submit to the

Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report detailing--

(1) the progress of the Task Force in identifying best

practices in the air carrier industry;

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

implementing the best practices identified by the Task Force;

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

legislative or regulatory actions;

[[Page 124 STAT. 2358]]

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

implementing training-related, nonregulatory actions recommended

by the Administrator; and

(5) the progress of air carriers in developing specific

programs to share safety data and ensure implementation of the

most effective safety practices.

(e) Termination.--The Task Force shall terminate on September 30,

2012.

(f) Applicability of Federal Advisory Committee Act.--The Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task

Force.

SEC. 205. <<NOTE: 49 USC 44701 note.>> AVIATION SAFETY INSPECTORS

AND OPERATIONAL RESEARCH ANALYSTS.

(a) Review by DOT Inspector General.--Not

later <<NOTE: Deadline. Reports.>> than 9 months after the date of

enactment of this Act, the Inspector General of the Department of

Transportation shall conduct a review of the aviation safety inspectors

and operational research analysts of the Federal Aviation Administration

assigned to part 121 air carriers and submit to the Administrator of the

Federal Aviation Administration a report on the results of the review.

(b) Purposes.--The purpose of the review shall be, at a minimum--

(1) to review the level of the Administration's oversight of

each part 121 air carrier;

(2) to make recommendations to ensure that each part 121 air

carrier is receiving an equivalent level of oversight;

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

safety inspectors assigned to each part 121 air carrier;

(4) to evaluate how the Administration is making assignments

of aviation safety inspectors to each part 121 air carrier;

(5) to review various safety inspector oversight programs,

including the geographic inspector program;

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

research analysts assigned to each part 121 air carrier;

(7) to evaluate the surveillance responsibilities of

aviation safety inspectors, including en route inspections;

(8) to evaluate whether inspectors are able to effectively

use data sources, such as the Safety Performance Analysis System

and the Air Transportation Oversight System, to assist in

targeting oversight of each part 121 air carrier;

(9) to assess the feasibility of establishment by the

Administration of a comprehensive repository of information that

encompasses multiple Administration data sources and allows

access by aviation safety inspectors and operational research

analysts to assist in the oversight of each part 121 air

carrier; and

(10) to conduct such other analyses as the Inspector General

considers relevant to the review.

SEC. 206. <<NOTE: 49 USC 44701 note.>> FLIGHT CREWMEMBER

MENTORING, PROFESSIONAL DEVELOPMENT, AND

LEADERSHIP.

(a) Aviation Rulemaking Committee.--

(1) In general.--The Administrator of the Federal Aviation

Administration shall convene an aviation rulemaking committee to

develop procedures for each part 121 air carrier to take the

following actions:

[[Page 124 STAT. 2359]]

(A) Establish flight crewmember mentoring programs

under which the air carrier will pair highly experienced

flight crewmembers who will serve as mentor pilots and

be paired with newly employed flight crewmembers. Mentor

pilots should be provided, at a minimum, specific

instruction on techniques for instilling and reinforcing

the highest standards of technical performance,

airmanship, and professionalism in newly employed flight

crewmembers.

(B) Establish flight crewmember professional

development committees made up of air carrier management

and labor union or professional association

representatives to develop, administer, and oversee

formal mentoring programs of the carrier to assist

flight crewmembers to reach their maximum potential as

safe, seasoned, and proficient flight crewmembers.

accommodate substantially different levels and types of

flight experience by newly employed flight crewmembers.

(D) Establish or modify training programs for

second-in-command flight crewmembers attempting to

qualify as pilot-in-command flight crewmembers for the

first time in a specific aircraft type and ensure that

such programs include leadership and command training.

(E) Ensure that recurrent training for pilots in

command includes leadership and command training.

(F) Such other actions as the aviation rulemaking

committee determines appropriate to enhance flight

crewmember professional development.

(2) Compliance with sterile cockpit rule.--Leadership and

command training described in paragraphs (1)(D) and (1)(E) shall

include instruction on compliance with flight crewmember duties

under part 121.542 of title 14, Code of Federal Regulations.

(3) Streamlined program review.--

(A) In general.--As part of the rulemaking required

by subsection (b), the Administrator shall establish a

streamlined review process for part 121 air carriers

that have in effect, as of the date of enactment of this

Act, the programs described in paragraph (1).

(B) Expedited approvals.--Under the streamlined

review process, the Administrator shall--

(i) review the programs of such part 121 air

carriers to determine whether the programs meet

the requirements set forth in the final rule

referred to in subsection (b)(2); and

(ii) expedite the approval of the programs

that the Administrator determines meet such

requirements.

(b) Rulemaking.--The Administrator <<NOTE: Deadlines.>> shall

issue--

(1) <<NOTE: Notice.>> not later than one year after the

date of enactment of this Act, a notice of proposed rulemaking

based on the recommendations of the aviation rulemaking

committee convened under subsection (a); and

(2) not later than 36 months after such date of enactment, a

final rule based on such recommendations.

[[Page 124 STAT. 2360]]

SEC. 207. <<NOTE: 49 USC 44701 note.>> FLIGHT CREWMEMBER PAIRING

AND CREW RESOURCE MANAGEMENT TECHNIQUES.

(a) Study.--The Administrator of the Federal Aviation Administration

shall conduct a study on aviation industry best practices with regard to

flight crewmember pairing, crew resource management techniques, and

pilot commuting.

(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.

SEC. 208. <<NOTE: 49 USC 44701 note.>> IMPLEMENTATION OF NTSB

FLIGHT CREWMEMBER TRAINING

RECOMMENDATIONS.

(a) Rulemaking Proceedings.--

(1) Stall and upset recognition and recovery training.--The

Administrator of the Federal Aviation Administration shall

conduct a rulemaking proceeding to require part 121 air carriers

to provide flight crewmembers with ground training and flight

training 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 techniques as

available data indicate are appropriate to recover from

the upset in a given make, model, and series of

aircraft.

(2) Remedial training programs.--The Administrator shall

conduct a rulemaking proceeding to require part 121 air carriers

to establish remedial training programs for flight crewmembers

who have demonstrated performance deficiencies or experienced

failures in the training environment.

(3) Deadlines.--The Administrator shall--

(A) <<NOTE: Notice.>> not later than one year after

the date of enactment of this Act, issue a notice of

proposed rulemaking under each of paragraphs (1) and

(2); and

(B) not later than 36 months after the date of

enactment of this Act, issue a final rule for the

rulemaking under each of paragraphs (1) and (2).

(b) Stick Pusher Training and Weather Event Training.--

(1) Multidisciplinary panel.--Not

later <<NOTE: Deadline. Reports.>> than 120 days after the date

of enactment of this Act, the Administrator shall convene a

multidisciplinary panel of specialists in aircraft operations,

flight crewmember training, human factors, and aviation safety

to study and submit to the Administrator a report on methods to

increase the familiarity of flight crewmembers with, and improve

the response of flight crewmembers to, stick pusher systems,

icing conditions, and microburst and windshear weather events.

(2) Report to congress and ntsb.--Not later than one year

after the date on which the Administrator convenes the panel,

the Administrator shall--

(A) submit to the Committee on Transportation and

Infrastructure of the House of Representatives, the

Committee on Commerce, Science, and Transportation of

the Senate, and the National Transportation Safety Board

a report based on the findings of the panel; and

[[Page 124 STAT. 2361]]

(B) with respect to stick pusher systems, initiate

appropriate actions to implement the recommendations of

the panel.

(1) Flight training and flight simulator.--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 aerodynamic 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 columns to attempt to decrease the aircraft's

angle of attack.

(4) Upset.--The term ``upset'' means an unusual aircraft

attitude.

SEC. 209. <<NOTE: Deadlines. 49 USC 44701 note.>> FAA RULEMAKING

ON TRAINING PROGRAMS.

(a) Completion of Rulemaking on Training Programs.--Not later than

14 months after the date of enactment of this Act, the Administrator of

the Federal Aviation Administration shall issue a final rule with

respect to the notice of proposed rulemaking published in the Federal

programs for flight crewmembers and aircraft dispatchers).

(b) Expert Panel To Review Part 121 and Part 135 Training Hours.--

(1) Establishment.--Not later than 60 days after the date of

enactment of this Act, the Administrator shall convene a

multidisciplinary expert panel comprised of, at a minimum, air

carrier representatives, training facility representatives,

instructional design experts, aircraft manufacturers, safety

organization representatives, and labor union representatives.

(2) Assessment and recommendations.--The panel shall assess

and make recommendations concerning--

(A) the best methods and optimal time needed for

flight crewmembers of part 121 air carriers and flight

crewmembers of part 135 air carriers to master aircraft

systems, maneuvers, procedures, takeoffs and landings,

and crew coordination;

(B) initial and recurrent testing requirements for

pilots, including the rigor and consistency of testing

programs such as check rides;

events for such flight crewmembers, including recurrent

training events;

(D) the best methods reliably to evaluate mastery by

such flight crewmembers of aircraft systems, maneuvers,

procedures, takeoffs and landings, and crew

coordination;

(E) classroom instruction requirements governing

curriculum content and hours of instruction;

(F) the best methods to allow specific academic

training courses to be credited toward the total flight

hours required to receive an airline transport pilot

certificate; and

(G) crew leadership training.

[[Page 124 STAT. 2362]]

(3) Best practices.--In making recommendations under

subsection (b)(2), the panel shall consider, if appropriate,

best practices in the aviation industry with respect to training

protocols, methods, and procedures.

(4) Report.--Not later than one year after the date of

enactment of this Act, the Administrator shall submit to the

Committee on Transportation and Infrastructure of the House of

Representatives, the Committee on Commerce, Science, and

Transportation of the Senate, and the National Transportation

Safety Board a report based on the findings of the panel.

SEC. 210. <<NOTE: 49 USC 44701 note.>> DISCLOSURE OF AIR CARRIERS

OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR

TRANSPORTATION.

Section 41712 of title 49, United States Code, is amended by adding

at the end the following:

``(c) Disclosure Requirement for Sellers of Tickets for Flights.--

``(1) In general.--It shall be an unfair or deceptive

practice under subsection (a) for any ticket agent, air carrier,

foreign air carrier, or other person offering to sell tickets

for air transportation on a flight of an air carrier to fail to

disclose, whether verbally in oral communication or in writing

in written or electronic communication, prior to the purchase of

a ticket--

``(A) the name of the air carrier providing the air

transportation; and

``(B) if the flight has more than one flight

segment, the name of each air carrier providing the air

transportation for each such flight segment.

``(2) Internet offers.--In the case of an offer to sell

tickets described in paragraph (1) on an Internet Web site,

disclosure of the information required by paragraph (1) shall be

provided on the first display of the Web site following a search

of a requested itinerary in a format that is easily visible to a

viewer.''.

SEC. 211. <<NOTE: 49 USC 44701 note. Deadline.>> SAFETY

INSPECTIONS OF REGIONAL AIR CARRIERS.

The Administrator of the Federal Aviation Administration shall

perform, not less frequently than once each year, random, onsite

inspections of air carriers that provide air transportation pursuant to

a contract with a part 121 air carrier to ensure that such air carriers

are complying with all applicable safety standards of the

Administration.

SEC. 212. <<NOTE: 49 USC 44701 note.>> PILOT FATIGUE.

(a) Flight and Duty Time Regulations.--

(1) In general.--In accordance with paragraph (3), the

Administrator of the Federal Aviation Administration shall issue

regulations, based on the best available scientific information,

to specify limitations on the hours of flight and duty time

allowed for pilots to address problems relating to pilot

fatigue.

(2) Matters to be addressed.--In conducting the rulemaking

proceeding under this subsection, the Administrator shall

consider and review the following:

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

(B) Number of takeoff and landings in a duty period.

[[Page 124 STAT. 2363]]

(D) The impact of functioning in multiple time zones

or on different daily schedules.

(E) Research conducted on fatigue, sleep, and

circadian rhythms.

(F) Sleep and rest requirements recommended by the

National Transportation Safety Board and the National

Aeronautics and Space Administration.

(G) International standards regarding flight

schedules and duty periods.

(H) Alternative procedures to facilitate alertness

in the cockpit.

(I) Scheduling and attendance policies and

practices, including sick leave.

(J) The effects of commuting, the means of

commuting, and the length of the commute.

(K) Medical screening and treatment.

(L) Rest environments.

(M) Any other matters the Administrator considers

appropriate.

(3) Rulemaking.--The Administrator <<NOTE: Deadlines.>>

shall issue--

(A) <<NOTE: Notice.>> not later than 180 days after

the date of enactment of this Act, a notice of proposed

rulemaking under paragraph (1); and

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

enactment of this Act, a final rule under paragraph (1).

(b) <<NOTE: Deadlines.>> Fatigue Risk Management Plan.--

(1) Submission of fatigue risk management plan by part 121

air carriers.--Not later than 90 days after the date of

enactment of this Act, each part 121 air carrier shall submit to

the Administrator for review and acceptance a fatigue risk

management plan for the carrier's pilots.

(2) Contents of plan.--A fatigue risk management plan

submitted by a part 121 air carrier under paragraph (1) shall

include the following:

(A) Current flight time and duty period limitations.

(B) A rest scheme consistent with such limitations

that enables the management of pilot fatigue, including

annual training to increase awareness of--

(i) fatigue;

(ii) the effects of fatigue on pilots; and

(iii) fatigue countermeasures.

continually assesses the effectiveness of the program,

including the ability of the program--

(i) to improve alertness; and

(ii) to mitigate performance errors.

(3) Review.--Not later than 12 months after the date of

enactment of this Act, the Administrator shall review and accept

or reject the fatigue risk management plans submitted under this

subsection. If the Administrator rejects a plan, the

Administrator shall provide suggested modifications for

resubmission of the plan.

(4) Plan updates.--

(A) In general.--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 acceptance.

[[Page 124 STAT. 2364]]

(B) Review.--Not later than 12 months after the date

of submission of a plan update under subparagraph (A),

the Administrator shall review and accept or reject the

update. If the Administrator rejects an update, the

Administrator shall provide suggested modifications for

resubmission of the update.

(5) Compliance.--A part 121 air carrier shall comply with

the fatigue risk management plan of the air carrier that is

accepted by the Administrator under this subsection.

(6) Civil penalties.--A violation of this subsection by a

part 121 air carrier shall be treated as a violation of chapter

447 of title 49, United States Code, for purposes of the

application of civil penalties under chapter 463 of that title.

(1) In general.--Not

later <<NOTE: Deadline. Study. Reports.>> 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 National Academy of

Sciences shall consider--

(A) the prevalence of pilot commuting in the

commercial air carrier industry, including the number

and percentage of pilots who commute;

(B) information relating to commuting by pilots,

including distances traveled, time zones crossed, time

spent, and methods used;

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) postconference materials from the Federal

Aviation Administration's June 2008 symposium titled

``Aviation Fatigue Management Symposium: Partnerships

for Solutions'';

(F) Federal Aviation Administration and

international policies and guidance regarding commuting;

and

(G) any other matters as the Administrator considers

appropriate.

(3) Preliminary findings.--Not later <<NOTE: Deadline.>>

than 120 days after the date of entering into arrangements under

paragraph (1), the National Academy of Sciences shall submit to

the Administrator its preliminary findings under the study.

(4) Report.--Not later than 9 months after the date of

entering into arrangements under paragraph (1), the National

Academy of Sciences shall submit a report to the Administrator

containing its findings under the study and any recommendations

for regulatory or administrative actions by the Federal Aviation

Administration concerning commuting by pilots.

(5) Rulemaking.--Following receipt of the report of the

National Academy of Sciences under paragraph (4), the

Administrator shall--

(A) consider the findings and recommendations in the

report; and

[[Page 124 STAT. 2365]]

(B) update, as appropriate based on scientific data,

regulations required by subsection (a) on flight and

duty time.

SEC. 213. <<NOTE: 49 USC 44701 note.>> VOLUNTARY SAFETY PROGRAMS.

(a) Report.--Not later than 180 days after the date of enactment of

this Act, the Administrator of the Federal Aviation Administration shall

submit to the Committee on Transportation and Infrastructure of the

House of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report on the aviation safety action

program, the flight operational quality assurance program, the line

operations safety audit, and the advanced qualification program.

(b) Contents.--The report shall include--

(1) a list of--

(A) which air carriers are using one or more of the

voluntary safety programs referred to in subsection (a);

and

(B) the voluntary safety programs each air carrier

is using;

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

voluntary safety programs--

(A) a list of such programs the carrier is not

using; and

(B) the reasons the carrier is not using each such

program;

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

safety programs, an explanation of the benefits and challenges

of using each such program;

(4) a detailed analysis of how the Administration is using

data derived from each of the voluntary safety programs as

safety analysis and accident or incident prevention tools and a

detailed plan on how the Administration intends to expand data

analysis of such programs;

(5) an explanation of--

(A) where the data derived from the voluntary safety

programs is stored;

(B) how the data derived from such programs is

protected and secured; and

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 the voluntary

safety programs to enhance their oversight responsibilities;

(7) a description of how the Administration plans to

incorporate operational trends identified under the voluntary

safety 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 the voluntary safety programs,

taking into account reviews of such programs by the Inspector

General of the Department of Transportation; and

(9) such other matters as the Administrator determines are

appropriate.

[[Page 124 STAT. 2366]]

SEC. 214. <<NOTE: 49 USC 44701 note.>> ASAP AND FOQA

IMPLEMENTATION PLAN.

(a) Development and Implementation Plan.--The Administrator of the

Federal Aviation Administration shall develop and implement a plan to

facilitate the establishment of an aviation safety action program and a

flight operational quality assurance program by all part 121 air

carriers.

(b) Matters To Be Considered.--In developing the plan under

subsection (a), the Administrator shall consider--

(1) how the Administration can assist part 121 air carriers

with smaller fleet sizes to derive a benefit from establishing a

flight operational quality assurance program;

(2) how part 121 air carriers with established aviation

safety action and flight operational quality assurance programs

can quickly begin to report data into the aviation safety

information analysis sharing database; and

(3) how part 121 air carriers and aviation safety inspectors

can better utilize data from such database as accident and

incident prevention tools.

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

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

how the Administration will implement the plan.

(d) Deadline for Beginning Implementation of Plan.--Not later than

one year after the date of enactment of this Act, the Administrator

shall begin implementation of the plan developed under subsection (a).

SEC. 215. <<NOTE: 49 USC 44701 note.>> SAFETY MANAGEMENT SYSTEMS.

(a) Rulemaking.--The Administrator of the Federal Aviation

Administration shall conduct a rulemaking proceeding to require all part

121 air carriers to implement a safety management system.

(b) Matters To Consider.--In conducting the rulemaking under

subsection (a), the Administrator shall consider, at a minimum,

including each of the following as a part of the safety management

system:

(1) An aviation safety action program.

(2) A flight operational quality assurance program.

(3) A line operations safety audit.

(4) An advanced qualification program.

(1) <<NOTE: Notice.>> not later than 90 days after the date

of enactment of this Act, a notice of proposed rulemaking under

subsection (a); and

(2) <<NOTE: Regulations.>> not later than 24 months after

the date of enactment of this Act, a final rule under subsection

(a).

(d) Safety Management System Defined.--In this section, the term

``safety management system'' means the program established by the

Federal Aviation Administration in Advisory Circular 120-92, dated June

22, 2006, including any subsequent revisions thereto.

SEC. 216. <<NOTE: 49 USC 44701 note.>> FLIGHT CREWMEMBER

SCREENING AND QUALIFICATIONS.

(a) Requirements.--

[[Page 124 STAT. 2367]]

(1) Rulemaking proceeding.--The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to develop and implement means and methods for ensuring that flight crewmembers have proper qualifications and experience.

(2) Minimum requirements.--

(A) Prospective flight crewmembers.--Rules issued under paragraph (1) shall ensure that prospective flight crewmembers undergo comprehensive preemployment screening, including an assessment of the skills, aptitudes, airmanship, and suitability of each applicant for a position as a flight crewmember in terms of functioning effectively in the air carrier's operational environment.

(B) All flight crewmembers.--Rules issued under paragraph (1) shall ensure that, after the date that is 3 years after the date of enactment of this Act, all flight crewmembers--

(i) have obtained an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations; and

(ii) have appropriate multi-engine aircraft flight experience, as determined by the Administrator.

(b) Deadlines.--The Administrator shall issue--

(1) <<NOTE: Notice.>> not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and

(2) <<NOTE: Regulations.>> not later than 24 months after such date of enactment, a final rule under subsection (a).

(c) <<NOTE: Applicability. Effective date.>> Default.--The requirement that each flight crewmember for a part 121 air carrier hold an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations, shall begin to apply on the date that is 3 years after the date of enactment of this Act even if the Administrator fails

to meet a deadline established under this section.

SEC. 217. <<NOTE: 49 USC 44701 note.>> 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 environment;

(B) function effectively in adverse weather conditions, including icing conditions;

(D) adhere to the highest professional standards; and

(E) function effectively in an air carrier operational environment.

[[Page 124 STAT. 2368]]

(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 operational conditions.--The total flight hours required by the Administrator under subsection (b)(1) shall include sufficient flight hours, as determined by the Administrator, in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such conditions.

(d) Credit Toward Flight Hours.--The Administrator may allow specific academic training courses, beyond 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 assessment and recommendations of the expert panel to review part 121 and part 135 training hours established by section 209(b) of this Act.

(f) <<NOTE: Regulations.>> Deadline.--Not later than 36 months after the date of enactment of this Act, the Administrator shall issue a final rule under subsection (a).

Approved August 1, 2010.

LEGISLATIVE HISTORY--H.R. 5900:

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CONGRESSIONAL RECORD, Vol. 156 (2010):

July 29, considered and passed House.

July 30, considered and passed Senate.

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