Text: H.R.5900 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-216 (08/01/2010)

 
[111th Congress Public Law 216]
[From the U.S. Government Printing Office]



[[Page 2347]]

AIRLINE SAFETY AND FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010

[[Page 124 STAT. 2348]]

Public Law 111-216
111th Congress

                                 An Act


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Airline Safety 
and Federal Aviation Administration Extension Act of 2010. 49 USC 40101 
note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airline Safety and Federal Aviation 
Administration Extension Act of 2010''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1.   Short title.
Sec. 2. Table of contents.

                  TITLE I--AIRPORT AND AIRWAY EXTENSION

Sec. 101. Extension of taxes funding Airport and Airway Trust Fund.
Sec. 102. Extension of Airport and Airway Trust Fund expenditure 
           authority.
Sec. 103. Extension of airport improvement program.
Sec. 104. Extension of expiring authorities.
Sec. 105. Federal Aviation Administration operations.
Sec. 106. Air navigation facilities and equipment.
Sec. 107. Research, engineering, and development.

         TITLE II--AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT

Sec. 201. Definitions.
Sec. 202. Secretary of Transportation responses to safety 
           recommendations.
Sec. 203. FAA pilot records database.
Sec. 204. FAA Task Force on Air Carrier Safety and Pilot Training.
Sec. 205. Aviation safety inspectors and operational research analysts.
Sec. 206. Flight crewmember mentoring, professional development, and 
           leadership.
Sec. 207. Flight crewmember pairing and crew resource management 
           techniques.
Sec. 208. Implementation of NTSB flight crewmember training 
           recommendations.
Sec. 209. FAA rulemaking on training programs.
Sec. 210. Disclosure of air carriers operating flights for tickets sold 
           for air transportation.
Sec. 211. Safety inspections of regional air carriers.
Sec. 212. Pilot fatigue.
Sec. 213. Voluntary safety programs.
Sec. 214. ASAP and FOQA implementation plan.
Sec. 215. Safety management systems.
Sec. 216. Flight crewmember screening and qualifications.
Sec. 217. Airline transport pilot certification.

[[Page 124 STAT. 2349]]

                  TITLE I--AIRPORT AND AIRWAY EXTENSION

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

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

    (b) Ticket Taxes.--
            (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the 
        Internal Revenue Code of 1986 is amended by striking ``August 1, 
        2010'' and inserting ``September 30, 2010''.
            (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
        Code is amended by striking ``August 1, 2010'' and inserting 
        ``September 30, 2010''.

    (c) <<NOTE: 26 USC 4081 note.>>  Effective Date.--The amendments 
made by this section shall take effect on August 2, 2010.
SEC. 102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                        AUTHORITY.

    (a) In General.--Paragraph (1) of section 9502(d) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``August 2, 2010'' and inserting ``October 
        1, 2010''; and
            (2) by inserting ``or the Airline Safety and Federal 
        Aviation Administration Extension Act of 2010'' before the 
        semicolon at the end of subparagraph (A).

    (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such 
Code is amended by striking ``August 2, 2010'' and inserting ``October 
1, 2010''.
    (c) <<NOTE: 26 USC 9502 note.>>  Effective Date.--The amendments 
made by this section shall take effect on August 2, 2010.
SEC. 103. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

    Section 47104(c) of title 49, United States Code, is amended by 
striking ``August 1, 2010,'' and inserting ``September 30, 2010,''.
SEC. 104. EXTENSION OF EXPIRING AUTHORITIES.

    (a) Section 40117(l)(7) of title 49, United States Code, is amended 
by striking ``August 2, 2010.'' and inserting ``October 1, 2010.''.
    (b) Section 44302(f)(1) of such title is amended--
            (1) by striking ``August 1, 2010,'' and inserting 
        ``September 30, 2010,''; and
            (2) by striking ``October 31, 2010,'' and inserting 
        ``December 31, 2010,''.

    (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 124 STAT. 2350]]

    (g) Section 49108 of such title is amended by striking ``August 1, 
2010,'' and inserting ``September 30, 2010,''.
    (h) Section 161 of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking 
``fiscal year 2009, or in the portion of fiscal year 2010 ending before 
August 2, 2010,'' and inserting ``fiscal year 2009 or 2010''.
    (i) Section 186(d) of such Act (117 Stat. 2518) is amended by 
striking ``October 1, 2009, and for the portion of fiscal year 2010 
ending before August 2, 2010,'' and inserting ``October 1, 2010,''.
    (j) <<NOTE: Effective date. 49 USC 40117 note.>>  The amendments 
made by this section shall take effect on August 2, 2010.
SEC. 105. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

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

    Section 48101(a)(6) of title 49, United States Code, is amended to 
read as follows:
            ``(6) $2,936,203,000 for fiscal year 2010.''.
SEC. 107. RESEARCH, ENGINEERING, AND DEVELOPMENT.

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

         TITLE II--AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT

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

    (a) Definitions.--In this title, the following definitions apply:
            (1) Advanced qualification program.--The term ``advanced 
        qualification program'' means the program established by the 
        Federal Aviation Administration in Advisory Circular 120-54A, 
        dated June 23, 2006, including any subsequent revisions thereto.
            (2) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102 of title 49, United States 
        Code.
            (3) Aviation safety action program.--The term ``aviation 
        safety action program'' means the program established by the 
        Federal Aviation Administration in Advisory Circular 120-66B, 
        dated November 15, 2002, including any subsequent revisions 
        thereto.
            (4) Flight crewmember.--The term ``flight crewmember'' has 
        the meaning given the term ``flightcrew member'' in part 1 of 
        title 14, Code of Federal Regulations.
            (5) Flight operational quality assurance program.--The term 
        ``flight operational quality assurance program'' means the 
        program established by the Federal Aviation Administration in 
        Advisory Circular 120-82, dated April 12, 2004, including any 
        subsequent revisions thereto.
            (6) Line operations safety audit.--The term ``line 
        operations safety audit'' means the procedure referenced by the

[[Page 124 STAT. 2351]]

        Federal Aviation Administration in Advisory Circular 120-90, 
        dated April 27, 2006, including any subsequent revisions 
        thereto.
            (7) Part 121 air carrier.--The term ``part 121 air carrier'' 
        means an air carrier that holds a certificate issued under part 
        121 of title 14, Code of Federal Regulations.
            (8) Part 135 air carrier.--The term ``part 135 air carrier'' 
        means an air carrier that holds a certificate issued under part 
        135 of title 14, Code of Federal Regulations.
SEC. 202. <<NOTE: 49 USC 44701 note.>>  SECRETARY OF 
                        TRANSPORTATION RESPONSES TO SAFETY 
                        RECOMMENDATIONS.

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

    (b) Air Carrier Safety Recommendations.--Section 1135 is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:

    ``(d) Annual Report on Air Carrier Safety Recommendations.--
            ``(1) In general.--The Secretary shall submit to Congress 
        and the Board, on an annual basis, a report on the 
        recommendations made by the Board to the Secretary regarding air 
        carrier operations conducted under part 121 of title 14, Code of 
        Federal Regulations.
            ``(2) Recommendations to be covered.--The report shall 
        cover--
                    ``(A) any recommendation for which the Secretary has 
                developed, or intends to develop, procedures to adopt 
                the recommendation or part of the recommendation, but 
                has yet to complete the procedures; and
                    ``(B) any recommendation for which the Secretary, in 
                the preceding year, has issued a response under 
                subsection (a)(2) or (a)(3) refusing to carry out all or 
                part of the procedures to adopt the recommendation.
            ``(3) Contents.--
                    ``(A) Plans to adopt recommendations.--For each 
                recommendation of the Board described in paragraph 
                (2)(A), the report shall contain--
                          ``(i) a description of the recommendation;
                          ``(ii) a description of the procedures planned 
                      for adopting the recommendation or part of the 
                      recommendation;
                          ``(iii) the proposed date for completing the 
                      procedures; and
                          ``(iv) if the Secretary has not met a deadline 
                      contained in a proposed timeline developed in 
                      connection with the recommendation under 
                      subsection (b), an explanation for not meeting the 
                      deadline.
                    ``(B) Refusals to adopt recommendations.--For each 
                recommendation of the Board described in paragraph 
                (2)(B), the report shall contain--
                          ``(i) a description of the recommendation; and
                          ``(ii) a description of the reasons for the 
                      refusal to carry out all or part of the procedures 
                      to adopt the recommendation.''.

[[Page 124 STAT. 2352]]

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

    (a) Records of Employment of Pilot Applicants.--Section 44703(h) of 
title 49, United States Code, is amended by adding at the end the 
following:
            ``(16) <<NOTE: Termination date.>>  Applicability.--This 
        subsection shall cease to be effective on the date specified in 
        regulations issued under subsection (i).''.

    (b) Establishment of FAA Pilot Records Database.--Section 44703 of 
such title is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following:

    ``(i) FAA Pilot Records Database.--
            ``(1) In general.--Before allowing an individual to begin 
        service as a pilot, an air carrier shall access and evaluate, in 
        accordance with the requirements of this subsection, information 
        pertaining to the individual from the pilot records database 
        established under paragraph (2).
            ``(2) Pilot records database.--The Administrator shall 
        establish an electronic database (in this subsection referred to 
        as the `database') containing the following records:
                    ``(A) FAA records.--From the Administrator--
                          ``(i) records that are maintained by the 
                      Administrator concerning current airman 
                      certificates, including airman medical 
                      certificates and associated type ratings and 
                      information on any limitations to those 
                      certificates and ratings;
                          ``(ii) records that are maintained by the 
                      Administrator concerning any failed attempt of an 
                      individual to pass a practical test required to 
                      obtain a certificate or type rating under part 61 
                      of title 14, Code of Federal Regulations; and
                          ``(iii) summaries of legal enforcement actions 
                      resulting in a finding by the Administrator of a 
                      violation of this title or a regulation prescribed 
                      or order issued under this title that was not 
                      subsequently overturned.
                    ``(B) Air carrier and other records.--From any air 
                carrier or other person (except a branch of the Armed 
                Forces, the National Guard, or a reserve component of 
                the Armed Forces) that has employed an individual as a 
                pilot of a civil or public aircraft, or from the trustee 
                in bankruptcy for the air carrier or person--
                          ``(i) records pertaining to the individual 
                      that are maintained by the air carrier (other than 
                      records relating to flight time, duty time, or 
                      rest time) or person, including records under 
                      regulations set forth in--
                                    ``(I) section 121.683 of title 14, 
                                Code of Federal Regulations;
                                    ``(II) section 121.111(a) of such 
                                title;
                                    ``(III) section 121.219(a) of such 
                                title;
                                    ``(IV) section 125.401 of such 
                                title; and
                                    ``(V) section 135.63(a)(4) of such 
                                title; and
                          ``(ii) other records pertaining to the 
                      individual's performance as a pilot that are 
                      maintained by the air carrier or person 
                      concerning--

[[Page 124 STAT. 2353]]

                                    ``(I) the training, qualifications, 
                                proficiency, or professional competence 
                                of the individual, including comments 
                                and evaluations made by a check airman 
                                designated in accordance with section 
                                121.411, 125.295, or 135.337 of such 
                                title;
                                    ``(II) any disciplinary action taken 
                                with respect to the individual that was 
                                not subsequently overturned; and
                                    ``(III) any release from employment 
                                or resignation, termination, or 
                                disqualification with respect to 
                                employment.
                    ``(C) National driver register records.--In 
                accordance with section 30305(b)(8) of this title, from 
                the chief driver licensing official of a State, 
                information concerning the motor vehicle driving record 
                of the individual.
            ``(3) Written consent; release from liability.--An air 
        carrier--
                    ``(A) shall obtain the written consent of an 
                individual before accessing records pertaining to the 
                individual under paragraph (1); and
                    ``(B) may, notwithstanding any other provision of 
                law or agreement to the contrary, require an individual 
                with respect to whom the carrier is accessing records 
                under paragraph (1) to execute a release from liability 
                for any claim arising from accessing the records or the 
                use of such records by the air carrier in accordance 
                with this section (other than a claim arising from 
                furnishing information known to be false and maintained 
                in violation of a criminal statute).
            ``(4) Reporting.--
                    ``(A) Reporting by administrator.--The Administrator 
                shall enter data described in paragraph (2)(A) into the 
                database promptly to ensure that an individual's records 
                are current.
                    ``(B) Reporting by air carriers and other persons.--
                          ``(i) In general.--Air carriers and other 
                      persons shall report data described in paragraphs 
                      (2)(B) and (2)(C) to the Administrator promptly 
                      for entry into the database.
                          ``(ii) Data to be reported.--Air carriers and 
                      other persons shall report, at a minimum, under 
                      clause (i) the following data described in 
                      paragraph (2)(B):
                                    ``(I) Records that are generated by 
                                the air carrier or other person after 
                                the date of enactment of this paragraph.
                                    ``(II) Records that the air carrier 
                                or other person is maintaining, on such 
                                date of enactment, pursuant to 
                                subsection (h)(4).
            ``(5) Requirement to maintain records.--The Administrator--
                    ``(A) shall maintain all records entered into the 
                database under paragraph (2) pertaining to an individual 
                until the date of receipt of notification that the 
                individual is deceased; and
                    ``(B) may remove the individual's records from the 
                database after that date.

[[Page 124 STAT. 2354]]

            ``(6) Receipt of consent.--The Administrator shall not 
        permit an air carrier to access records pertaining to an 
        individual from the database under paragraph (1) without the air 
        carrier first demonstrating to the satisfaction of the 
        Administrator that the air carrier has obtained the written 
        consent of the individual.
            ``(7) Right of pilot to review certain records and correct 
        inaccuracies.--Notwithstanding any other provision of law or 
        agreement, the Administrator, upon receipt of written request 
        from an individual--
                    ``(A) <<NOTE: Deadline.>>  shall make available, not 
                later than 30 days after the date of the request, to the 
                individual for review all records referred to in 
                paragraph (2) pertaining to the individual; and
                    ``(B) shall provide the individual with a reasonable 
                opportunity to submit written comments to correct any 
                inaccuracies contained in the records.
            ``(8) Reasonable charges for processing requests and 
        furnishing copies.--
                    ``(A) In general.--The Administrator may establish a 
                reasonable charge for the cost of processing a request 
                under paragraph (1) or (7) and for the cost of 
                furnishing copies of requested records under paragraph 
                (7).
                    ``(B) Crediting appropriations.--Funds received by 
                the Administrator pursuant to this paragraph shall--
                          ``(i) be credited to the appropriation current 
                      when the amount is received;
                          ``(ii) be merged with and available for the 
                      purposes of such appropriation; and
                          ``(iii) remain available until expended.
            ``(9) Privacy protections.--
                    ``(A) Use of records.--An air carrier that accesses 
                records pertaining to an individual under paragraph (1) 
                may use the records only to assess the qualifications of 
                the individual in deciding whether or not to hire the 
                individual as a pilot. The air carrier shall take such 
                actions as may be necessary to protect the privacy of 
                the individual and the confidentiality of the records 
                accessed, including ensuring that information contained 
                in the records is not divulged to any individual that is 
                not directly involved in the hiring decision.
                    ``(B) Disclosure of information.--
                          ``(i) In general.--Except as provided by 
                      clause (ii), information collected by the 
                      Administrator under paragraph (2) shall be exempt 
                      from the disclosure requirements of section 552 of 
                      title 5.
                          ``(ii) Exceptions.--Clause (i) shall not apply 
                      to--
                                    ``(I) deidentified, summarized 
                                information to explain the need for 
                                changes in policies and regulations;
                                    ``(II) information to correct a 
                                condition that compromises safety;
                                    ``(III) information to carry out a 
                                criminal investigation or prosecution;
                                    ``(IV) information to comply with 
                                section 44905, regarding information 
                                about threats to civil aviation; and

[[Page 124 STAT. 2355]]

                                    ``(V) such information as the 
                                Administrator determines necessary, if 
                                withholding the information would not be 
                                consistent with the safety 
                                responsibilities of the Federal Aviation 
                                Administration.
            ``(10) Periodic review.--Not 
        later <<NOTE: Deadlines. Statement.>>  than 18 months after the 
        date of enactment of this paragraph, and at least once every 3 
        years thereafter, the Administrator shall transmit to Congress a 
        statement that contains, taking into account recent developments 
        in the aviation industry--
                    ``(A) recommendations by the Administrator 
                concerning proposed changes to Federal Aviation 
                Administration records, air carrier records, and other 
                records required to be included in the database under 
                paragraph (2); or
                    ``(B) reasons why the Administrator does not 
                recommend any proposed changes to the records referred 
                to in subparagraph (A).
            ``(11) Regulations for protection and security of records.--
        The Administrator shall prescribe such regulations as may be 
        necessary--
                    ``(A) to protect and secure--
                          ``(i) the personal privacy of any individual 
                      whose records are accessed under paragraph (1); 
                      and
                          ``(ii) the confidentiality of those records; 
                      and
                    ``(B) to preclude the further dissemination of 
                records received under paragraph (1) by the person who 
                accessed the records.
            ``(12) Good faith exception.--Notwithstanding paragraph (1), 
        an air carrier may allow an individual to begin service as a 
        pilot, without first obtaining information described in 
        paragraph (2)(B) from the database pertaining to the individual, 
        if--
                    ``(A) the air carrier has made a documented good 
                faith attempt to access the information from the 
                database; and
                    ``(B) the air carrier has received written notice 
                from the Administrator that the information is not 
                contained in the database because the individual was 
                employed by an air carrier or other person that no 
                longer exists or by a foreign government or other entity 
                that has not provided the information to the database.
            ``(13) Limitations on electronic access to records.--
                    ``(A) Access by individuals designated by air 
                carriers.--For the purpose of increasing timely and 
                efficient access to records described in paragraph (2), 
                the Administrator may allow, under terms established by 
                the Administrator, an individual designated by an air 
                carrier to have electronic access to the database.
                    ``(B) Terms.--The terms established by the 
                Administrator under subparagraph (A) for allowing a 
                designated individual to have electronic access to the 
                database shall limit such access to instances in which 
                information in the database is required by the 
                designated individual in making a hiring decision 
                concerning a pilot applicant and shall require that the 
                designated individual provide assurances satisfactory to 
                the Administrator that--

[[Page 124 STAT. 2356]]

                          ``(i) the designated individual has received 
                      the written consent of the pilot applicant to 
                      access the information; and
                          ``(ii) information obtained using such access 
                      will not be used for any purpose other than making 
                      the hiring decision.
            ``(14) Authorized expenditures.--Of amounts appropriated 
        under section 106(k)(1), a total of $6,000,000 for fiscal years 
        2010 through 2013 may be used to carry out this subsection.
            ``(15) Regulations.--
                    ``(A) In general.--The Administrator shall issue 
                regulations to carry out this subsection.
                    ``(B) Effective date.--The regulations shall specify 
                the date on which the requirements of this subsection 
                take effect and the date on which the requirements of 
                subsection (h) cease to be effective.
                    ``(C) Exceptions.--Notwithstanding subparagraph 
                (B)--
                          ``(i) <<NOTE: Deadline.>>  the Administrator 
                      shall begin to establish the database under 
                      paragraph (2) not later than 90 days after the 
                      date of enactment of this paragraph;
                          ``(ii) <<NOTE: Effective date.>>  the 
                      Administrator shall maintain records in accordance 
                      with paragraph (5) beginning on the date of 
                      enactment of this paragraph; and
                          ``(iii) <<NOTE: Time period.>>  air carriers 
                      and other persons shall maintain records to be 
                      reported to the database under paragraph (4)(B) in 
                      the period beginning on such date of enactment and 
                      ending on the date that is 5 years after the 
                      requirements of subsection (h) cease to be 
                      effective pursuant to subparagraph (B).
            ``(16) Special rule.--During the <<NOTE: Time 
        period. Applicability.>>  one-year period beginning on the date 
        on which the requirements of this section become effective 
        pursuant to paragraph (15)(B), paragraph (7)(A) shall be applied 
        by substituting `45 days' for `30 days'.''.

    (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 124 STAT. 2357]]

                    (E) by adding at the end the following:
            ``(4) Prohibition on actions and proceedings against air 
        carriers.--
                    ``(A) Hiring decisions.--An air carrier may refuse 
                to hire an individual as a pilot if the individual did 
                not provide written consent for the air carrier to 
                receive records under subsection (h)(2)(A) or (i)(3)(A) 
                or did not execute the release from liability requested 
                under subsection (h)(2)(B) or (i)(3)(B).
                    ``(B) Actions and proceedings.--No action or 
                proceeding may be brought against an air carrier by or 
                on behalf of an individual who has applied for or is 
                seeking a position as a pilot with the air carrier if 
                the air carrier refused to hire the individual after the 
                individual did not provide written consent for the air 
                carrier to receive records under subsection (h)(2)(A) or 
                (i)(3)(A) or did not execute a release from liability 
                requested under subsection (h)(2)(B) or (i)(3)(B).''.
            (2) Limitation on statutory construction.--Section 44703(k) 
        (as redesignated by subsection (b)(1) of this section) is 
        amended by striking ``subsection (h)'' and inserting 
        ``subsection (h) or (i)''.
SEC. 204. <<NOTE: 49 USC 44701 note.>>  FAA TASK FORCE ON AIR 
                        CARRIER SAFETY AND PILOT TRAINING.

    (a) Establishment.--The Administrator of the Federal Aviation 
Administration shall establish a special task force to be known as the 
FAA Task Force on Air Carrier Safety and Pilot Training (in this section 
referred to as the ``Task Force'').
    (b) Composition.--The Task Force shall consist of members appointed 
by the Administrator and shall include air carrier representatives, 
labor union representatives, and aviation safety experts with knowledge 
of foreign and domestic regulatory requirements for flight crewmember 
education and training.
    (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 124 STAT. 2358]]

            (4) the progress of air carriers and labor unions in 
        implementing training-related, nonregulatory actions recommended 
        by the Administrator; and
            (5) the progress of air carriers in developing specific 
        programs to share safety data and ensure implementation of the 
        most effective safety practices.

    (e) Termination.--The Task Force shall terminate on September 30, 
2012.
    (f) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task 
Force.
SEC. 205. <<NOTE: 49 USC 44701 note.>>  AVIATION SAFETY INSPECTORS 
                        AND OPERATIONAL RESEARCH ANALYSTS.

    (a) Review by DOT Inspector General.--Not 
later <<NOTE: Deadline. Reports.>>  than 9 months after the date of 
enactment of this Act, the Inspector General of the Department of 
Transportation shall conduct a review of the aviation safety inspectors 
and operational research analysts of the Federal Aviation Administration 
assigned to part 121 air carriers and submit to the Administrator of the 
Federal Aviation Administration a report on the results of the review.

    (b) Purposes.--The purpose of the review shall be, at a minimum--
            (1) to review the level of the Administration's oversight of 
        each part 121 air carrier;
            (2) to make recommendations to ensure that each part 121 air 
        carrier is receiving an equivalent level of oversight;
            (3) to assess the number and level of experience of aviation 
        safety inspectors assigned to each part 121 air carrier;
            (4) to evaluate how the Administration is making assignments 
        of aviation safety inspectors to each part 121 air carrier;
            (5) to review various safety inspector oversight programs, 
        including the geographic inspector program;
            (6) to evaluate the adequacy of the number of operational 
        research analysts assigned to each part 121 air carrier;
            (7) to evaluate the surveillance responsibilities of 
        aviation safety inspectors, including en route inspections;
            (8) to evaluate whether inspectors are able to effectively 
        use data sources, such as the Safety Performance Analysis System 
        and the Air Transportation Oversight System, to assist in 
        targeting oversight of each part 121 air carrier;
            (9) to assess the feasibility of establishment by the 
        Administration of a comprehensive repository of information that 
        encompasses multiple Administration data sources and allows 
        access by aviation safety inspectors and operational research 
        analysts to assist in the oversight of each part 121 air 
        carrier; and
            (10) to conduct such other analyses as the Inspector General 
        considers relevant to the review.
SEC. 206. <<NOTE: 49 USC 44701 note.>>  FLIGHT CREWMEMBER 
                        MENTORING, PROFESSIONAL DEVELOPMENT, AND 
                        LEADERSHIP.

    (a) Aviation Rulemaking Committee.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall convene an aviation rulemaking committee to 
        develop procedures for each part 121 air carrier to take the 
        following actions:

[[Page 124 STAT. 2359]]

                    (A) Establish flight crewmember mentoring programs 
                under which the air carrier will pair highly experienced 
                flight crewmembers who will serve as mentor pilots and 
                be paired with newly employed flight crewmembers. Mentor 
                pilots should be provided, at a minimum, specific 
                instruction on techniques for instilling and reinforcing 
                the highest standards of technical performance, 
                airmanship, and professionalism in newly employed flight 
                crewmembers.
                    (B) Establish flight crewmember professional 
                development committees made up of air carrier management 
                and labor union or professional association 
                representatives to develop, administer, and oversee 
                formal mentoring programs of the carrier to assist 
                flight crewmembers to reach their maximum potential as 
                safe, seasoned, and proficient flight crewmembers.
                    (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 <<NOTE: Deadlines.>>  shall 
issue--
            (1) <<NOTE: Notice.>>  not later than one year after the 
        date of enactment of this Act, a notice of proposed rulemaking 
        based on the recommendations of the aviation rulemaking 
        committee convened under subsection (a); and
            (2) not later than 36 months after such date of enactment, a 
        final rule based on such recommendations.

[[Page 124 STAT. 2360]]

SEC. 207. <<NOTE: 49 USC 44701 note.>>  FLIGHT CREWMEMBER PAIRING 
                        AND CREW RESOURCE MANAGEMENT TECHNIQUES.

    (a) Study.--The Administrator of the Federal Aviation Administration 
shall conduct a study on aviation industry best practices with regard to 
flight crewmember pairing, crew resource management techniques, and 
pilot commuting.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.
SEC. 208. <<NOTE: 49 USC 44701 note.>>  IMPLEMENTATION OF NTSB 
                        FLIGHT CREWMEMBER TRAINING 
                        RECOMMENDATIONS.

    (a) Rulemaking Proceedings.--
            (1) Stall and upset recognition and recovery training.--The 
        Administrator of the Federal Aviation Administration shall 
        conduct a rulemaking proceeding to require part 121 air carriers 
        to provide flight crewmembers with ground training and flight 
        training or flight simulator training--
                    (A) to recognize and avoid a stall of an aircraft 
                or, if not avoided, to recover from the stall; and
                    (B) to recognize and avoid an upset of an aircraft 
                or, if not avoided, to execute such techniques as 
                available data indicate are appropriate to recover from 
                the upset in a given make, model, and series of 
                aircraft.
            (2) Remedial training programs.--The Administrator shall 
        conduct a rulemaking proceeding to require part 121 air carriers 
        to establish remedial training programs for flight crewmembers 
        who have demonstrated performance deficiencies or experienced 
        failures in the training environment.
            (3) Deadlines.--The Administrator shall--
                    (A) <<NOTE: Notice.>>  not later than one year after 
                the date of enactment of this Act, issue a notice of 
                proposed rulemaking under each of paragraphs (1) and 
                (2); and
                    (B) not later than 36 months after the date of 
                enactment of this Act, issue a final rule for the 
                rulemaking under each of paragraphs (1) and (2).

    (b) Stick Pusher Training and Weather Event Training.--
            (1) Multidisciplinary panel.--Not 
        later <<NOTE: Deadline. Reports.>>  than 120 days after the date 
        of enactment of this Act, the Administrator shall convene a 
        multidisciplinary panel of specialists in aircraft operations, 
        flight crewmember training, human factors, and aviation safety 
        to study and submit to the Administrator a report on methods to 
        increase the familiarity of flight crewmembers with, and improve 
        the response of flight crewmembers to, stick pusher systems, 
        icing conditions, and microburst and windshear weather events.
            (2) Report to congress and ntsb.--Not later than one year 
        after the date on which the Administrator convenes the panel, 
        the Administrator shall--
                    (A) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives, the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, and the National Transportation Safety Board 
                a report based on the findings of the panel; and

[[Page 124 STAT. 2361]]

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

    (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. <<NOTE: Deadlines. 49 USC 44701 note.>>  FAA RULEMAKING 
                        ON TRAINING PROGRAMS.

    (a) Completion of Rulemaking on Training Programs.--Not later than 
14 months after the date of enactment of this Act, the Administrator of 
the Federal Aviation Administration shall issue a final rule with 
respect to the notice of proposed rulemaking published in the Federal 
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 124 STAT. 2362]]

            (3) Best practices.--In making recommendations under 
        subsection (b)(2), the panel shall consider, if appropriate, 
        best practices in the aviation industry with respect to training 
        protocols, methods, and procedures.
            (4) Report.--Not later than one year after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the National Transportation 
        Safety Board a report based on the findings of the panel.
SEC. 210. <<NOTE: 49 USC 44701 note.>>  DISCLOSURE OF AIR CARRIERS 
                        OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR 
                        TRANSPORTATION.

    Section 41712 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Disclosure Requirement for Sellers of Tickets for Flights.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice under subsection (a) for any ticket agent, air carrier, 
        foreign air carrier, or other person offering to sell tickets 
        for air transportation on a flight of an air carrier to fail to 
        disclose, whether verbally in oral communication or in writing 
        in written or electronic communication, prior to the purchase of 
        a ticket--
                    ``(A) the name of the air carrier providing the air 
                transportation; and
                    ``(B) if the flight has more than one flight 
                segment, the name of each air carrier providing the air 
                transportation for each such flight segment.
            ``(2) Internet offers.--In the case of an offer to sell 
        tickets described in paragraph (1) on an Internet Web site, 
        disclosure of the information required by paragraph (1) shall be 
        provided on the first display of the Web site following a search 
        of a requested itinerary in a format that is easily visible to a 
        viewer.''.
SEC. 211. <<NOTE: 49 USC 44701 note. Deadline.>>  SAFETY 
                        INSPECTIONS OF REGIONAL AIR CARRIERS.

    The Administrator of the Federal Aviation Administration shall 
perform, not less frequently than once each year, random, onsite 
inspections of air carriers that provide air transportation pursuant to 
a contract with a part 121 air carrier to ensure that such air carriers 
are complying with all applicable safety standards of the 
Administration.
SEC. 212. <<NOTE: 49 USC 44701 note.>>  PILOT FATIGUE.

    (a) Flight and Duty Time Regulations.--
            (1) In general.--In accordance with paragraph (3), the 
        Administrator of the Federal Aviation Administration shall issue 
        regulations, based on the best available scientific information, 
        to specify limitations on the hours of flight and duty time 
        allowed for pilots to address problems relating to pilot 
        fatigue.
            (2) Matters to be addressed.--In conducting the rulemaking 
        proceeding under this subsection, the Administrator shall 
        consider and review the following:
                    (A) Time of day of flights in a duty period.
                    (B) Number of takeoff and landings in a duty period.
                    (C) Number of time zones crossed in a duty period.

[[Page 124 STAT. 2363]]

                    (D) The impact of functioning in multiple time zones 
                or on different daily schedules.
                    (E) Research conducted on fatigue, sleep, and 
                circadian rhythms.
                    (F) Sleep and rest requirements recommended by the 
                National Transportation Safety Board and the National 
                Aeronautics and Space Administration.
                    (G) International standards regarding flight 
                schedules and duty periods.
                    (H) Alternative procedures to facilitate alertness 
                in the cockpit.
                    (I) Scheduling and attendance policies and 
                practices, including sick leave.
                    (J) The effects of commuting, the means of 
                commuting, and the length of the commute.
                    (K) Medical screening and treatment.
                    (L) Rest environments.
                    (M) Any other matters the Administrator considers 
                appropriate.
            (3) Rulemaking.--The Administrator <<NOTE: Deadlines.>>  
        shall issue--
                    (A) <<NOTE: Notice.>>  not later than 180 days after 
                the date of enactment of this Act, a notice of proposed 
                rulemaking under paragraph (1); and
                    (B) not later than one year after the date of 
                enactment of this Act, a final rule under paragraph (1).

    (b) <<NOTE: Deadlines.>>  Fatigue Risk Management Plan.--
            (1) Submission of fatigue risk management plan by part 121 
        air carriers.--Not later than 90 days after the date of 
        enactment of this Act, each part 121 air carrier shall submit to 
        the Administrator for review and acceptance a fatigue risk 
        management plan for the carrier's pilots.
            (2) Contents of plan.--A fatigue risk management plan 
        submitted by a part 121 air carrier under paragraph (1) shall 
        include the following:
                    (A) Current flight time and duty period limitations.
                    (B) A rest scheme consistent with such limitations 
                that enables the management of pilot fatigue, including 
                annual training to increase awareness of--
                          (i) fatigue;
                          (ii) the effects of fatigue on pilots; and
                          (iii) fatigue countermeasures.
                    (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 124 STAT. 2364]]

                    (B) Review.--Not later than 12 months after the date 
                of submission of a plan update under subparagraph (A), 
                the Administrator shall review and accept or reject the 
                update. If the Administrator rejects an update, the 
                Administrator shall provide suggested modifications for 
                resubmission of the update.
            (5) Compliance.--A part 121 air carrier shall comply with 
        the fatigue risk management plan of the air carrier that is 
        accepted by the Administrator under this subsection.
            (6) Civil penalties.--A violation of this subsection by a 
        part 121 air carrier shall be treated as a violation of chapter 
        447 of title 49, United States Code, for purposes of the 
        application of civil penalties under chapter 463 of that title.

    (c) Effect of Commuting on Fatigue.--
            (1) In general.--Not 
        later <<NOTE: Deadline. Study. Reports.>>  than 60 days after 
        the date of enactment of this Act, the Administrator shall enter 
        into appropriate arrangements with the National Academy of 
        Sciences to conduct a study of the effects of commuting on pilot 
        fatigue and report its findings to the Administrator.
            (2) Study.--In conducting the study, the National Academy of 
        Sciences shall consider--
                    (A) the prevalence of pilot commuting in the 
                commercial air carrier industry, including the number 
                and percentage of pilots who commute;
                    (B) information relating to commuting by pilots, 
                including distances traveled, time zones crossed, time 
                spent, and methods used;
                    (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 <<NOTE: Deadline.>>  
        than 120 days after the date of entering into arrangements under 
        paragraph (1), the National Academy of Sciences shall submit to 
        the Administrator its preliminary findings under the study.
            (4) Report.--Not later than 9 months after the date of 
        entering into arrangements under paragraph (1), the National 
        Academy of Sciences shall submit a report to the Administrator 
        containing its findings under the study and any recommendations 
        for regulatory or administrative actions by the Federal Aviation 
        Administration concerning commuting by pilots.
            (5) Rulemaking.--Following receipt of the report of the 
        National Academy of Sciences under paragraph (4), the 
        Administrator shall--
                    (A) consider the findings and recommendations in the 
                report; and

[[Page 124 STAT. 2365]]

                    (B) update, as appropriate based on scientific data, 
                regulations required by subsection (a) on flight and 
                duty time.
SEC. 213. <<NOTE: 49 USC 44701 note.>>  VOLUNTARY SAFETY PROGRAMS.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the aviation safety action 
program, the flight operational quality assurance program, the line 
operations safety audit, and the advanced qualification program.
    (b) Contents.--The report shall include--
            (1) a list of--
                    (A) which air carriers are using one or more of the 
                voluntary safety programs referred to in subsection (a); 
                and
                    (B) the voluntary safety programs each air carrier 
                is using;
            (2) if an air carrier is not using one or more of the 
        voluntary safety programs--
                    (A) a list of such programs the carrier is not 
                using; and
                    (B) the reasons the carrier is not using each such 
                program;
            (3) if an air carrier is using one or more of the voluntary 
        safety programs, an explanation of the benefits and challenges 
        of using each such program;
            (4) a detailed analysis of how the Administration is using 
        data derived from each of the voluntary safety programs as 
        safety analysis and accident or incident prevention tools and a 
        detailed plan on how the Administration intends to expand data 
        analysis of such programs;
            (5) an explanation of--
                    (A) where the data derived from the voluntary safety 
                programs is stored;
                    (B) how the data derived from such programs is 
                protected and secured; and
                    (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 124 STAT. 2366]]

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

    (a) Development and Implementation Plan.--The Administrator of the 
Federal Aviation Administration shall develop and implement a plan to 
facilitate the establishment of an aviation safety action program and a 
flight operational quality assurance program by all part 121 air 
carriers.
    (b) Matters To Be Considered.--In developing the plan under 
subsection (a), the Administrator shall consider--
            (1) how the Administration can assist part 121 air carriers 
        with smaller fleet sizes to derive a benefit from establishing a 
        flight operational quality assurance program;
            (2) how part 121 air carriers with established aviation 
        safety action and flight operational quality assurance programs 
        can quickly begin to report data into the aviation safety 
        information analysis sharing database; and
            (3) how part 121 air carriers and aviation safety inspectors 
        can better utilize data from such database as accident and 
        incident prevention tools.

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

    (a) Rulemaking.--The Administrator of the Federal Aviation 
Administration shall conduct a rulemaking proceeding to require all part 
121 air carriers to implement a safety management system.
    (b) Matters To Consider.--In conducting the rulemaking under 
subsection (a), the Administrator shall consider, at a minimum, 
including each of the following as a part of the safety management 
system:
            (1) An aviation safety action program.
            (2) A flight operational quality assurance program.
            (3) A line operations safety audit.
            (4) An advanced qualification program.

    (c) Deadlines.--The Administrator shall issue--
            (1) <<NOTE: Notice.>>  not later than 90 days after the date 
        of enactment of this Act, a notice of proposed rulemaking under 
        subsection (a); and
            (2) <<NOTE: Regulations.>>  not later than 24 months after 
        the date of enactment of this Act, a final rule under subsection 
        (a).

    (d) Safety Management System Defined.--In this section, the term 
``safety management system'' means the program established by the 
Federal Aviation Administration in Advisory Circular 120-92, dated June 
22, 2006, including any subsequent revisions thereto.
SEC. 216. <<NOTE: 49 USC 44701 note.>>  FLIGHT CREWMEMBER 
                        SCREENING AND QUALIFICATIONS.

    (a) Requirements.--

[[Page 124 STAT. 2367]]

            (1) Rulemaking proceeding.--The Administrator of the Federal 
        Aviation Administration shall conduct a rulemaking proceeding to 
        require part 121 air carriers to develop and implement means and 
        methods for ensuring that flight crewmembers have proper 
        qualifications and experience.
            (2) Minimum requirements.--
                    (A) Prospective flight crewmembers.--Rules issued 
                under paragraph (1) shall ensure that prospective flight 
                crewmembers undergo comprehensive preemployment 
                screening, including an assessment of the skills, 
                aptitudes, airmanship, and suitability of each applicant 
                for a position as a flight crewmember in terms of 
                functioning effectively in the air carrier's operational 
                environment.
                    (B) All flight crewmembers.--Rules issued under 
                paragraph (1) shall ensure that, after the date that is 
                3 years after the date of enactment of this Act, all 
                flight crewmembers--
                          (i) have obtained an airline transport pilot 
                      certificate under part 61 of title 14, Code of 
                      Federal Regulations; and
                          (ii) have appropriate multi-engine aircraft 
                      flight experience, as determined by the 
                      Administrator.

    (b) Deadlines.--The Administrator shall issue--
            (1) <<NOTE: Notice.>>  not later than 180 days after the 
        date of enactment of this Act, a notice of proposed rulemaking 
        under subsection (a); and
            (2) <<NOTE: Regulations.>>  not later than 24 months after 
        such date of enactment, a final rule under subsection (a).

    (c) <<NOTE: Applicability. Effective date.>>  Default.--The 
requirement that each flight crewmember for a part 121 air carrier hold 
an airline transport pilot certificate under part 61 of title 14, Code 
of Federal Regulations, shall begin to apply on the date that is 3 years 
after the date of enactment of this Act even if the Administrator fails 
to meet a deadline established under this section.
SEC. 217. <<NOTE: 49 USC 44701 note.>>  AIRLINE TRANSPORT PILOT 
                        CERTIFICATION.

    (a) Rulemaking Proceeding.--The Administrator of the Federal 
Aviation Administration shall conduct a rulemaking proceeding to amend 
part 61 of title 14, Code of Federal Regulations, to modify requirements 
for the issuance of an airline transport pilot certificate.
    (b) Minimum Requirements.--To be qualified to receive an airline 
transport pilot certificate pursuant to subsection (a), an individual 
shall--
            (1) have sufficient flight hours, as determined by the 
        Administrator, to enable a pilot to function effectively in an 
        air carrier operational environment; and
            (2) have received flight training, academic training, or 
        operational experience that will prepare a pilot, at a minimum, 
        to--
                    (A) function effectively in a multipilot 
                environment;
                    (B) function effectively in adverse weather 
                conditions, including icing conditions;
                    (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 124 STAT. 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) <<NOTE: Regulations.>>  Deadline.--Not later than 36 months 
after the date of enactment of this Act, the Administrator shall issue a 
final rule under subsection (a).

    Approved August 1, 2010.

LEGISLATIVE HISTORY--H.R. 5900:
---------------------------------------------------------------------------

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

                                  <all>