[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5900 Enrolled Bill (ENR)]
H.R.5900
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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,

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

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The table of contents for this Act is as follows:

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449d07e7bfd9f22922223da4f02154c9314339c92a9b1a5903acd70288b4d603

TITLE I

-AIRPORT AND AIRWAY EXTENSION

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TITLE II

-AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT

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(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.

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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.

c68b6135394a54c771beac88dff2b0f0f846fb50b25c385bbfeb93790e6b3ba8

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

1521ab7c2b620a35e730fc7aa89d881e31c83adfa4fc8e43a37d4710e13b85d6

(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.''.
(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.

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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.''.

e917cced4e405b0ec6944ebbfce937dde2c1cfc99f75338c0aaf084264d6e07e

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.''.

74fcc7054ed7bf47bc7f1d77d7aa350f53693d93b263749a06b7c0a8b6dd3b70

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

7ba040b33d3e627ccbdee533a6affd69b30567e82c78b144d51fa663c91b631c

(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 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.

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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.''.

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(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--
``(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.
``(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
``(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--
``(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
(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)''.

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(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;
(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.

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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.

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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:
(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.

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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.

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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
(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.

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(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.
(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.

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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.''.

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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.

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(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.
(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.
(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
(B) update, as appropriate based on scientific data,
regulations required by subsection (a) on flight and duty time.

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(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.

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(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).

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(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.

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(a) Requirements.--
(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.

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(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.
(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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

3bc64fdfc52be1f06e40d4d0289a8f20283e0cb2c0566f36345950c3a4b27848

Airline Safety and Federal Aviation Administration Extension Act of 2010 — HR. 5900

Other Sections

TITLE I

TITLE II

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