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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-284

======================================================================



 
       AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT ACT OF 2009

                                _______
                                

October 6, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3371]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3371) to amend title 49, United 
States Code, to improve airline safety and pilot training, and 
for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                         Purpose of Legislation

    H.R. 3371, the ``Airline Safety and Pilot Training 
Improvement Act of 2009'', requires the Federal Aviation 
Administration (FAA) to undertake a number of changes to 
improve airline safety and pilot training.

                  Background and Need for Legislation

    On the evening of February 12, 2009, a Colgan Air Inc. 
Bombardier Dash 8-Q400, d.b.a. Continental Connection Flight 
3407, crashed during an instrument approach to the Buffalo-
Niagara International Airport in Buffalo, New York, while en 
route from Newark Liberty International Airport, New Jersey. 
The four crew members and 45 passengers were killed and the 
airplane was destroyed by impact forces and post crash fire; 
there was one ground fatality.
    The National Transportation Safety Board (NTSB) held a 
three-day public hearing on Flight 3407 from May 12-14, 2009. 
The investigation is ongoing, and while the NTSB has not yet 
made any conclusions or determined the probable cause of the 
accident, the investigation is focusing on a number of areas 
including: (1) flight crew experience and training; (2) 
remedial training programs; (3) commuting policies and 
practices; (4) fatigue management; and (5) violations of 
sterile cockpit and the impact on situational awareness.
    In fact, the last six fatal part 121 (commercial) air 
carrier accidents involved regional air carriers, and the NTSB 
has cited pilot performance as a potential contributing factor 
in three of those accidents. On June 11, 2009, the Subcommittee 
on Aviation (Subcommittee) held a hearing on ``Regional Air 
Carriers and Pilot Workforce Issues'', which focused on issues 
of concern identified by the NTSB about the crash. The 
Subcommittee's hearing identified the need to closely examine: 
the FAA regulations pertaining to pilot training, and flight 
and duty time limits; FAA oversight of regional air carriers; 
access to pilot records for hiring; and airline commuting 
policies and procedures.

                       Summary of the Legislation


Section 1. Short title; table of contents

    This section provides that the short title of the bill is 
the ``Airline Safety and Pilot Training Improvement Act of 
2009'' and sets out the table of contents for the bill.

Sec. 2. Definitions

    This section defines terms in the bill, including: advanced 
qualification program, air carrier, aviation safety action 
program, flight crewmember, flight operational quality 
assurance program, line operations safety audit, part 121 air 
carrier, and part 135 air carrier.

Sec. 3. FAA Task Force on air carrier safety and pilot training

    This section establishes an FAA Task Force that will 
identify aviation industry best practices regarding: air 
carrier management responsibility for flight crewmember 
education, pilot training, pilot professional standards, inter-
carrier information sharing and mentoring. The Task Force shall 
report to Congress every 180 days on air carrier progress in 
implementing best practices, and make recommendations for 
legislative and regulatory action. The FAA Administrator 
(Administrator) shall appoint representatives from air 
carriers, labor, and aviation safety experts to serve on the 
Task Force. The Task Force should consist of a representative 
from a respected international organization with knowledge of 
foreign and domestic regulatory requirements for pilot flight 
education and training, such as the Flight Safety Foundation.

Sec. 4. Implementation of NTSB flight crewmember training 
        recommendations

    Subsection (a) requires the FAA to issue a final rule 
within 24 months of the date of enactment to increase pilot 
training requirements by mandating that pilots receive academic 
and flight training on stall recovery (i.e., recovery from an 
aerodynamic loss of lift caused by exceeding the critical angle 
of attack), upset recovery (i.e., an unusual airplane 
attitude), and remedial training. The NTSB has made 
recommendations on each of these issues, which have not been 
fully addressed by the FAA. For the purposes of this section, 
the term ``flight training'' means structured training 
conducted in an aircraft or in a flight simulation training 
device to obtain psychomotor skills and refining procedural and 
cognitive skills.
    Subsection (b) requires the FAA to convene a 
multidisciplinary expert panel to study methods to increase 
pilots' familiarity and improve response to stick pusher\1\ 
systems, icing, and microburst weather events. One year after 
convening the panel, the Administrator shall issue a report to 
the NTSB and Congress on the panel's findings. The FAA shall 
initiate appropriate actions to implement the panel's 
recommendations specifically regarding stick pusher training 
for pilots.
---------------------------------------------------------------------------
    \1\In an airplane stall, the ``stick pusher'' applies a nose down 
pitch force to push the control columns to decrease the airplane's 
angle of attack to prevent further degradation into stall, and to begin 
recovery to normal flight.
---------------------------------------------------------------------------
    There is currently no explicit FAA training requirement 
regarding the proper reaction to stick pusher activation. In 
2007, the NTSB recommended that the FAA convene a 
multidisciplinary panel of operational, training, and human 
factors specialists to study and submit a report on methods to 
improve familiarity with and response to stick pusher systems 
and, if warranted, establish training requirements for stick 
pusher-equipped aircraft. The Committee is concerned that the 
FAA has not acted on the NTSB's recommendation, especially 
since the Subcommittee's hearing revealed that pilots may not 
receive adequate training to respond to stick pusher 
activation.

Sec. 5. Secretary of Transportation responses to safety recommendations

    This section requires the Secretary of Transportation 
(Secretary) to provide Congress with an annual report on each 
open NTSB recommendation pertaining to part 121 airlines. The 
Secretary's report shall detail the action contemplated in 
response to each recommendation and the proposed date for 
completed action. If the Secretary does not intend to adopt an 
NTSB recommendation, the report must contain a description of 
the reasons that the Secretary refuses to implement the 
recommendation. This section amends current law (49 U.S.C. 
Sec. 1135), which requires the Secretary to issue an annual 
report to Congress on open NTSB recommendations from the NTSB's 
``Most Wanted List''.
    The NTSB also finds it helpful when agencies include the 
timetable for action on NTSB recommendations in the agencies' 
initial 90-day response to a recommendation, as required by 49 
U.S.C. Sec. 1135(b). Oftentimes, this timetable is not provided 
in the initial 90-day response. The Committee believes that 
agencies should provide this timetable to the NTSB in their 90-
day response, and that the Secretary should reinforce the 
importance of this statutory requirement. Additionally, the 
NTSB reports that from 2004 to 2008, seven of the eight modal 
agencies in the Department of Transportation (DOT) did not 
issue a first response to the NTSB within the 90-day statutory 
timeframe. The Committee is also concerned that the Secretary 
has not provided Congress with the annual report on the NTSB's 
``Most Wanted List'' recommendations in a timely fashion.

Sec. 6. FAA pilot records database

    To facilitate airline pilot hiring decisions, this section 
requires the FAA to initiate the creation of a pilot record 
database within 90 days of the date of enactment. The database 
will enable airlines seeking to hire a prospective pilot to 
have fast, electronic access to a pilot's comprehensive record. 
The FAA will maintain the database and airlines will be able to 
access the database for hiring purposes only. Information in 
the database will include the pilot's licenses, medical 
certificates, aircraft ratings, check rides\2\, notices of 
disapproval, other flight proficiency tests, and State motor 
vehicle driving records.
---------------------------------------------------------------------------
    \2\A ``check ride'' refers to the portion of a pilot's examination 
in which the candidate flies an aircraft with an FAA-designated pilot 
examiner and is observed and evaluated on his/her competency in the 
required skills. A check ride is technically referred to as a practical 
test.
---------------------------------------------------------------------------
    Pursuant to the Pilot Records Improvement Act of 1996 
(PRIA) (P.L. 104-264) (codified at 49 U.S.C. Sec. 44703(h)), 
all of this information, except for notices of disapproval, is 
currently collected and held by the FAA and air carriers. 
However, airlines are only able to access the previous five 
years of the pilot's employment history, and must obtain a 
waiver from the pilot to obtain FAA records containing the 
pilot's licenses. At the Subcommittee's June 11, 2009 hearing, 
the NTSB stated that having additional data in FAA records, 
including records of check ride failures, would be beneficial 
for airlines to fully evaluate a pilot applicant.
    H.R. 3371 stipulates that PRIA will remain in effect until 
the Administrator issues a final rule certifying that the 
database is fully operational.
    This section requires the Administrator to prescribe 
regulations that may be necessary to protect and secure the 
personal privacy of any individual whose records are accessed 
from the database and the confidentiality of those records.
    The Administrator shall require written consent of the 
individual before an air carrier accesses records in the 
database. To comply with this requirement, the Committee 
believes that the Administrator should establish an electronic 
system to verify that an air carrier has obtained the written 
consent of the individual.
    Information contained in the database is exempt from the 
public disclosure requirements of the Freedom of Information 
Act (5 U.S.C. Sec. 552), except for: de-identified, summarized 
data; information to correct a safety problem; information to 
carry out a criminal investigation or prosecution; information 
on threats to civil aviation; and such information as the 
Administrator determines necessary, if withholding the 
information would not be consistent with FAA's safety 
responsibilities. The Committee believes that the Administrator 
has the authority under this clause to allow for the disclosure 
of information pertaining to civil investigations or 
enforcement actions against an individual, in the context of 
NTSB investigations, public hearings, and civil and criminal 
cases, and other related matters.
    The FAA is authorized to use such sums as may be necessary 
from the operations account to carry out this section.

Sec. 7. FAA rulemaking on training programs

    Subsection (a) directs the FAA to issue a final rule within 
14 months of the date of enactment, on the proposed rule, 
``Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers'', issued on January 12, 2009. Subsection (b) 
requires the Administrator to convene a multidisciplinary panel 
to assess and make recommendations concerning the best methods 
and optimal time needed for pilots of part 121 and part 135 air 
carriers to master necessary aircraft systems, maneuvers, and 
procedures; take offs and landings; crew coordination; the 
length of time between training events including recurrent 
training; and the best methods to reliably evaluate mastery of 
systems, maneuvers, and procedures. The Administrator shall 
submit a report to Congress on the findings of the panel within 
one year after the date of enactment.
    The NTSB has raised concerns that new airline pilots often 
have less experience when advancing to captain or to more 
complex airplanes compared to 20 years ago. The NTSB believes 
that determining the number of hours required for training 
requires a study or an assessment of the best methods, and 
optimal time needed, for pilots to master necessary aircraft 
systems, maneuvers, and procedures. Other elements critical to 
such an assessment include determining the appropriate length 
of time between training events, and identifying the best 
methods to evaluate professional competence.

Sec. 8. Aviation safety inspectors and operational research analysts

    This section requires the DOT Inspector General to provide 
Congress, within nine months of the date of enactment, a 
report: assessing the number and experience level of safety 
inspectors assigned to regional carriers compared with mainline 
carriers; determining whether the various data sources that 
inspectors need to access to perform oversight of airlines can 
be streamlined; and reviewing various safety inspector programs 
and oversight responsibilities.

Sec. 9. Flight crewmember mentoring, professional development, and 
        leadership

    This section requires the FAA to issue a final rule within 
24 months of the date of enactment requiring airlines to create 
a senior mentoring program whereby highly experienced pilots 
will mentor junior pilots. In addition, airlines are required 
to form Pilot Professional Development Committees, and to 
modify training programs to accommodate new-hire pilots with 
different levels and types of flight experience as well as 
provide leadership training to pilots-in-command. Leadership 
training shall include compliance with the sterile cockpit 
rule.

Sec. 10. Flight crewmember screening and qualifications

    This section requires the FAA to issue a final rule within 
24 months of the date of enactment requiring part 121 air 
carriers to implement means and methods to ensure pilots have 
proper qualifications and experience. Specifically, the rule 
would require that airlines conduct comprehensive pre-
employment screening of prospective pilots that would include 
an assessment of a pilot's skills, aptitudes, airmanship, and 
suitability for functioning in the airline's operational 
environment. In addition, this section increases the experience 
level of pilots prior to being hired by a commercial airline by 
mandating that prospective commercial airline pilots hold an 
Airline Transport Pilot (ATP) license, which requires a minimum 
of 1,500 flight hours. Under current law, pilots only need a 
Commercial Pilot license, which requires a minimum of 250 
flight hours. Within three years of enactment, all pilots will 
be required to obtain an ATP license.
    This section also includes a provision requiring the FAA to 
undertake a more streamlined process to review air carrier 
programs that may already meet the requirements of the final 
rule.

Sec. 11. Flight schools, flight education and pilot academic training

    This section requires the Government Accountability Office 
to study pilot flight schools, flight training, and academic 
training requirements. Based on testimony provided at the June 
11, 2009 hearing, the Committee believes that academic 
requirements for pilot certification merit review and may need 
to be strengthened.

Sec. 12. Voluntary safety programs

    This section requires the FAA to issue a report within 180 
days on Aviation Safety Action Program (ASAP), a Flight 
Operational Quality Assurance (FOQA), Line Operations Safety 
Audit (LOSA), and Advanced Qualification Program. The report 
shall include: a list of the air carriers using the programs; 
the benefits and challenges of implementing such programs; how 
the FAA is using the data derived from each of the programs for 
safety analysis and accident prevention; and any FAA plans to 
strengthen the programs.
    The NTSB recommended that the FAA require part 121 air 
carriers to incorporate periodic LOSA observations and methods 
to address and correct findings resulting from these 
observations.
    The DOT Inspector General has raised concerns with how the 
FAA is using data derived from these programs to target 
oversight of air carriers. The FAA should take steps to use the 
data more effectively for safety analysis and accident 
prevention, when appropriate.

Sec. 13. ASAP and FOQA implementation plan

    This section requires the FAA to create a plan within 180 
days of enactment, to facilitate the establishment and 
implementation of ASAP and FOQA programs by all part 121 air 
carriers and their unions.
    The Committee believes that these programs are valuable as 
voluntary safety tools, and therefore more air carriers should 
strive to implement them. In 2007, the NTSB recommended that 
FAA strongly encourage and assist all part 121 regional air 
carriers to implement ASAP and FOQA.

Sec. 14. Safety management systems

    This section directs the FAA to complete a rulemaking 
within 24 months of the date of enactment to require air 
carriers to establish Safety Management Systems (SMS)--a risk-
based, systems approach to safety management and oversight. In 
2007, the NTSB recommended that all part 121 operators 
establish an SMS.

Sec. 15. Disclosure of air carriers operating flights for tickets sold 
        for air transportation

    To ensure that consumers can quickly discern what airline 
is operating a flight for which they are purchasing a ticket, 
this section mandates that the first page of an Internet 
website that sells airline tickets must disclose to the 
purchaser of each ticket the air carrier that operates each 
segment of the flight.

Sec. 16. Pilot fatigue

    To address the issue of pilot fatigue, this section directs 
that the FAA implement a new pilot flight and duty time rule 
within one year of enactment. An updated rule will more 
adequately reflect the operating environment of today's pilots 
and will reflect scientific research on fatigue. In addition, 
the bill requires air carriers to create fatigue risk 
management plans to proactively mitigate fatigue. Lastly, this 
section directs the National Academy of Sciences to conduct a 
study on the impact of commuting on pilot fatigue. Following 
the receipt of reports, FAA shall update, as appropriate, its 
flight and duty time regulations.
    Fatigue is on the NTSB's ``Most Wanted List'' of safety 
improvements and has been there since the NTSB was created 19 
years ago. In 1995, the FAA proposed to amend existing 
regulations to establish new duty period and flight time 
limitations, and rest requirements for flight crewmembers in 
parts 121 and 135. This rulemaking was based on recommendations 
from an Aviation Rulemaking Committee. According to the FAA, 
consensus on the proposed rule could not be reached and a final 
rule was never adopted. In addition, the International Civil 
Aviation Organization is requiring by November 18, 2009, that 
all Member countries approve scientifically-based flight and 
duty times and fatigue risk management plans.

Sec. 17. Flight crewmember pairing and crew resource management 
        techniques

    This section requires the FAA to issue a report to Congress 
on the aviation industry's best practices with regard to flight 
crewmember pairing and crew resource management (CRM) 
techniques. The Committee believes that CRM is critical to 
effective pilot communication and aircraft operation.

            Legislative History and Committee Consideration

    On June 11, 2009, the Subcommittee on Aviation held a 
hearing on ``Regional Air Carriers and Pilot Workforce 
Issues''.
    On July 29, 2009, Representative Jerry F. Costello 
introduced H.R. 3371, the ``Airline Safety and Pilot Training 
Improvement Act of 2009''. This bill has not been introduced in 
a previous Congress. On July 30, 2009, the Committee on 
Transportation and Infrastructure met in open session, and 
ordered the bill reported favorably to the House by voice vote 
with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 3371, or ordering the bill reported. 
A motion to order H.R. 3371 reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
improve airline safety and pilot training.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 3371 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 8, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3371, the Airline 
Safety and Pilot Training Improvement Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3371--Airline Safety and Pilot Training Improvement Act of 2009

    Summary: H.R. 3371 would establish several new procedural 
requirements and policies related to aviation safety. Assuming 
appropriation of the necessary funds, CBO estimates that 
implementing the bill would cost $15 million over the 2010-2014 
period. Enacting the bill would not affect direct spending but 
could result in additional revenues from civil penalties and 
regulatory fees. CBO estimates, however, that any such amounts 
would be negligible.
    H.R. 3371 contains intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), because it would impose new requirements on certain 
public and private entities that employ pilots. CBO estimates 
that the aggregate cost of intergovernmental mandates in the 
bill would fall below the annual threshold established in UMRA 
($69 million in 2009, adjusted annually for inflation). In 
addition, the bill would impose private-sector mandates on 
certain commercial air carriers and sellers of air carrier 
tickets. Because the cost of complying with some of those 
mandates would depend on future regulations, CBO cannot 
determine whether the aggregate cost to comply with the 
private-sector mandates in the bill would exceed the annual 
threshold established in UMRA ($139 million in 2009, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3371 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................        5        5        5        0        0        15
Estimated Outlays.......................................        3        5        5        2        0        15
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 3371 would establish new safety-
related regulatory requirements for the Federal Aviation 
Administration (FAA) and other federal agencies. Many of the 
bill's provisions would require various studies, reports, and 
rulemakings related to training of aircraft pilots and crew 
members, safety inspectors, and the FAA's oversight of air 
carriers.
    Based on information from the FAA and historical costs for 
similar activities, CBO estimates that implementing those 
requirements would require appropriations totaling $15 million 
over the next three years. Most of that amount would be used to 
develop a new database of pilot records that air carriers could 
access for purposes of evaluating pilot applicants. Other 
amounts would be used to establish and operate various task 
forces and to complete other activities required under the 
bill.
    Enacting H.R. 3371 also could result in additional revenues 
from civil penalties assessed for violations of new 
requirements that the bill would impose on air carriers, CBO 
expects that very few violations would occur, however, and that 
any increases in revenue under H.R. 3371 would be negligible.
    Intergovernmental and private-sector impact: H.R. 3371 
contains intergovernmental and private-sector mandates, as 
defined in UMRA, because it would impose new requirements on 
certain public and private entities that employ pilots. CBO 
estimates that the aggregate cost of intergovernmental mandates 
in the bill would fall below the annual threshold established 
in UMRA ($69 million in 2009, adjusted annually for inflation). 
In addition, the bill would impose private-sector mandates on 
certain commercial air carriers and sellers of air carrier 
tickets. Because the cost of complying with some of those 
mandates would depend on future regulations, CBO cannot 
determine whether the aggregate cost to comply with the 
private-sector mandates in the bill would exceed the annual 
threshold established in UMRA ($139 million in 2009, adjusted 
annually for inflation).

        MANDATES THAT APPLY TO BOTH PUBLIC AND PRIVATE ENTITIES

    Pilot History Reporting Requirements. Section 6 would 
require certain public and private entities that employ pilots 
to submit to the FAA the flight history of each pilot that it 
employs. According to industry sources, air carriers currently 
keep flight histories in a database used by the air carrier 
industry. Because that information could easily be transmitted 
to the FAA, the cost of the mandate for air carriers would be 
minimal.
    The section also would require air carriers, before hiring 
a pilot, to access and evaluate information pertaining to the 
pilot from the Pilot Records Database maintained by the FAA. 
The FAA would be authorized to establish a reasonable charge 
for the cost of processing a request from the air carriers. 
Because air carriers already evaluate similar information 
pertaining to pilots they hire, CBO expects that the 
incremental cost of complying with this mandate would be 
minimal. Due to the relatively small number of pilots employed 
by public entities, CBO expects the costs for state and local 
governments to be small.
    Flight and Duty Time Limitations. Section 16 could impose 
limitations on the number of hours that pilots can fly or be on 
duty. According to the FAA, such limitations are already in 
place, and any further limitations would be incremental in 
nature. Therefore, the cost to air carriers would be small 
relative to the annual threshold. Because of the relatively 
small number of public aircraft affected, CBO estimates the 
cost to state and local governments would be minimal.

              MANDATES THAT APPLY TO PRIVATE ENTITIES ONLY

    Air Carriers. The bill would require commercial air 
carriers to:
     Further train their pilots on handling aircraft 
stalls and responding to emergency conditions;
     Only hire pilots that hold an Airline Transport 
Pilot License, which, among other things, requires a minimum of 
1,500 hours of flight hours and have appropriate training in 
multi-engine aircraft;
     Establish a senior mentoring program whereby 
experienced pilots would mentor junior pilots;
     Form professional development committees, modify 
training programs to accommodate new-hire pilots with different 
levels and types of flight experience, and provide leadership 
and command training for pilots;
     Conduct comprehensive pre-employment screening of 
prospective pilots that would include an assessment of a 
pilot's skills, aptitudes, airmanship, and suitability for 
functioning in the airline's operational environment;
     Develop a Safety Management System under the 
standards established by the FAA; and
     Create a fatigue risk management plan to 
proactively mitigate fatigue, update the plan every two years, 
and submit it to the FAA for review and approval.
    In addition, the bill would direct the National Academy of 
Sciences to conduct a study on the impact of commuting on pilot 
fatigue and following receipt of the report, the FAA would be 
required to update, as appropriate, its flight and duty time 
regulations. Those updated regulations could impose a mandate 
on air carriers.
    Many air carriers currently have in place programs that may 
comply with several of the mandates in the bill. However, the 
incremental cost of the mandates would depend on regulations 
yet to be established by the FAA. Thus, CBO cannot determine 
whether the total cost of complying with the mandates on air 
carriers would exceed the annual threshold for private-sector 
mandates in any of the first five years the mandates are in 
effect.
    Sellers of Air Carrier Tickets. Section 15 would require 
any seller of air carrier tickets to disclose to customers the 
air carrier that operates each segment of the flight prior to 
the sale of each ticket. The section also would require 
Internet Web sites that sell air carrier tickets to disclose 
the air carrier that operates each segment of the flight on the 
first display of the website following a search of a requested 
itinerary. Based on information from industry sources, CBO 
expects that the cost of complying with those mandates would be 
minimal.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the ``Unfunded Mandates 
Reform Act'' (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3371 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



Subtitle II--Other Government Agencies

           *       *       *       *       *       *       *


CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD

           *       *       *       *       *       *       *



SUBCHAPTER III--AUTHORITY

           *       *       *       *       *       *       *



Sec. 1135. Secretary of Transportation's responses to safety 
                    recommendations

  (a) General.--When the National Transportation Safety Board 
submits a recommendation about transportation safety to the 
Secretary of Transportation, the Secretary shall give to the 
National Transportation Safety Board a formal written response 
to each recommendation not later than 90 days after receiving 
the recommendation. The response shall indicate whether the 
Secretary intends--
          (1) * * *

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  (c) Annual Report on Air Carrier Safety Recommendations.--
          (1) In general.--The Secretary shall submit to 
        Congress and the Board, on an annual basis, a report on 
        the recommendations made by the Board to the Secretary 
        regarding air carrier operations conducted under part 
        121 of title 14, Code of 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.
  [(c)] (e) Public Availability.--The Board shall make a copy 
of each recommendation and response available to the public at 
reasonable cost.
  [(d)] (f) Reporting Requirements.--
          (1) * * *

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Subtitle VII--Aviation Programs

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PART A--AIR COMMERCE AND SAFETY

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SUBPART II--ECONOMIC REGULATION

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                  CHAPTER 417--OPERATIONS OF CARRIERS

SUBCHAPTER I--REQUIREMENTS

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Sec. 41712. Unfair and deceptive practices and unfair methods of 
                    competition

  (a) * * *

           *       *       *       *       *       *       *

  (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 not disclose, whether verbally in 
        oral communication or in writing in written or 
        electronic communication, prior to the purchase of a 
        ticket--
                  (A) the name (including any business or 
                corporate name) of the air carrier providing 
                the air transportation; and
                  (B) if the flight has more than one flight 
                segment, the name of each air carrier providing 
                the air transportation for each such flight 
                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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SUBPART III--SAFETY

           *       *       *       *       *       *       *


CHAPTER 447--SAFETY REGULATION

           *       *       *       *       *       *       *


Sec. 44703. Airman certificates

  (a) * * *

           *       *       *       *       *       *       *

  (h) Records of Employment of Pilot Applicants.--
          (1) * * *

           *       *       *       *       *       *       *

          (16) Applicability.--This subsection shall cease to 
        be effective on the date specified in regulations 
        issued under subsection (i).
  (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 such 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) under regulations set forth 
                        in--
                                  (I) section 121.683 of title 
                                14, Code of Federal 
                                Regulations;
                                  (II) paragraph (A) of section 
                                VI, appendix I, part 121 of 
                                such title;
                                  (III) paragraph (A) of 
                                section IV, appendix J, part 
                                121 of such title;
                                  (IV) section 125.401 of such 
                                title; and
                                  (V) section 135.63(a)(4) of 
                                such title; and
                          (ii) other records pertaining to the 
                        individual's performance as a pilot 
                        that are maintained by the air carrier 
                        or person concerning--
                                  (I) the training, 
                                qualifications, proficiency, or 
                                professional 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 (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.--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).
          (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) de-identified, 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) 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.--Out of amounts 
        appropriated under section 106(k)(1), there is 
        authorized to be expended to carry out this subsection 
        such sums as may be necessary for each of fiscal years 
        2010, 2011, and 2012.
          (15) Regulations.--
                  (A) In general.--The Administrator shall 
                issue regulations to carry out this 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) 
                        beginning on such date of enactment.
  [(i) Limitation] (j) Limitations on Liability; Preemption of 
State Law.--
          (1) Limitation on liability.--No action or proceeding 
        may be brought by or on behalf of an individual who has 
        applied for or is seeking a position with an air 
        carrier as a pilot and who has signed a release from 
        liability, as provided for under [paragraph (2)] 
        subsection (h)(2) or (i)(3), against--
                  (A) the air carrier requesting the records of 
                that individual under subsection (h)(1) or 
                accessing the records of that individual under 
                subsection (i)(1);

           *       *       *       *       *       *       *

        in the nature of an action for defamation, invasion of 
        privacy, negligence, interference with contract, or 
        otherwise, or under any Federal or State law with 
        respect to the furnishing or use of such records in 
        accordance with [subsection (h)] subsection (h) or (i).
          (2) Preemption.--No State or political subdivision 
        thereof may enact, prescribe, issue, continue in 
        effect, or enforce any law (including any regulation, 
        standard, or other provision having the force and 
        effect of law) that prohibits, penalizes, or imposes 
        liability for furnishing or using records in accordance 
        with [subsection (h)] subsection (h) or (i).
          (3) Provision of knowingly false information.--
        Paragraphs (1) and (2) shall not apply with respect to 
        a person who furnishes information in response to a 
        request made under subsection (h)(1) or who furnished 
        information to the database established under 
        subsection (i)(2), that--
                  (A) * * *

           *       *       *       *       *       *       *

          (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).
  [(j)] (k) Limitation on Statutory Construction.--Nothing in 
[subsection (h)] subsection (h) or (i) shall be construed as 
precluding the availability of the records of a pilot in an 
investigation or other proceeding concerning an accident or 
incident conducted by the Administrator, the National 
Transportation Safety Board, or a court.

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