[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]


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. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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 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 <>  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) <>  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) <>  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,''.

(c) Section 44303(b) of such title is amended 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 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) <>  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. <>  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 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. <>  SECRETARY OF
TRANSPORTATION RESPONSES TO SAFETY
RECOMMENDATIONS.

(a) In General.--The first sentence of section 1135(a) <>  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 2352]]

SEC. 203. <>  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) <>  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 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 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) <>  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 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 <>  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 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) <>  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) <>  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 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 <>  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'.''.

(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 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)'';
(C) in paragraph (2) by striking ``subsection (h)''
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 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. <>  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.
(c) Duties.--The duties of the Task Force shall include, at a
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 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. <>  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
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. <>  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 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.
(C) Establish or modify training programs to
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 <>  shall
issue--
(1) <>  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 2360]]

SEC. 207. <>  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. <>  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) <>  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 <>  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 2361]]

(B) with respect to stick pusher systems, initiate
appropriate actions to implement the recommendations of
the panel.

(c) Definitions.--In this section, the following definitions apply:
(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. <>  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
Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training
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;
(C) the optimal length of time between training
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 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. <>  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. <>  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. <>  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.
(C) Number of time zones crossed in a duty period.

[[Page 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 <>
shall issue--
(A) <>  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) <>  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.
(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) 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 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.

(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 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;
(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) 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 <>
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 2365]]

(B) update, as appropriate based on scientific data,
regulations required by subsection (a) on flight and
duty time.
SEC. 213. <>  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
(C) what data analysis processes air carriers 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 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 2366]]

SEC. 214. <>  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.

(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 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. <>  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.

(c) Deadlines.--The Administrator shall issue--
(1) <>  not later than 90 days after the date
of enactment of this Act, a notice of proposed rulemaking under
subsection (a); and
(2) <>  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. <>  FLIGHT CREWMEMBER
SCREENING AND QUALIFICATIONS.

(a) Requirements.--

[[Page 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) <>  not later than 180 days after the
date of enactment of this Act, a notice of proposed rulemaking
under subsection (a); and
(2) <>  not later than 24 months after
such date of enactment, a final rule under subsection (a).

(c) <>  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. <>  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;
(C) function effectively during high altitude
operations;
(D) adhere to the highest professional standards;
and
(E) function effectively in an air carrier
operational environment.

[[Page 2368]]

(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 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) <>  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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
July 29, considered and passed House.
July 30, considered and passed Senate.