[House Report 111-284]
[From the U.S. Government Publishing Office]
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
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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) * * *
* * * * * * *
(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) * * *
* * * * * * *
Subtitle VII--Aviation Programs
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART II--ECONOMIC REGULATION
* * * * * * *
CHAPTER 417--OPERATIONS OF CARRIERS
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
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.
* * * * * * *
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.
* * * * * * *