[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 611 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 611

     To amend the Federal Aviation Act of 1958 to provide for the 
  establishment of limitations on the duty time for flight attendants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 18 (legislative day, March 3), 1993

   Mr. Inouye (for himself, Mr. Akaka, Mrs. Boxer, Mr. Campbell, Ms. 
Mikulski, Ms. Moseley-Braun, and Mrs. Murray) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Aviation Act of 1958 to provide for the 
  establishment of limitations on the duty time for flight attendants.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flight Attendant Duty Time Act''.

SEC. 2. AMENDMENT TO THE FEDERAL AVIATION ACT.

    (a) In General.--Title VI of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1421-1433) is amended by adding at the end thereof the 
following new section:

``SEC. 614. DUTY TIME OF FLIGHT ATTENDANTS.

    ``(a) Rulemaking Proceeding.--Not later than 60 days after the date 
of the enactment of this section, the Secretary shall initiate a 
rulemaking proceeding for the purpose of establishing limitations on 
duty time for flight attendants, including minimum rest requirements.
    ``(b) Final Regulations.--Except in any case in which the 
prohibitions referred to in subsection (c) take effect, the Secretary 
shall issue, not later than 240 days after the date of the enactment of 
this Act, final regulations establishing limitations on duty time for 
flight attendants, including minimum rest requirements as follows:
            ``(1) For a domestic flight, a maximum of 14 hours of 
        actual duty time, plus a maximum of 2 additional hours spent 
        deadheading to return to the flight attendant's domicile, and a 
        minimum of at least 10 consecutive hours of rest after each 
        duty period.
            ``(2) For an international flight, a maximum of 16 hours of 
        actual duty time and minimum of at least 12 consecutive hours 
        of rest after each duty period.
            ``(3) For a long-range international nonstop flight, a 
        maximum period of actual duty time no more than 4 hours greater 
        than the scheduled duty time, with a maximum period of actual 
        duty time no greater than 20 hours, and a minimum consecutive 
        rest period equal to at least twice the scheduled flight time.
            ``(4) For all flight attendants, a minimum of eight 24 
        consecutive hour periods of rest at their domicile per calendar 
        month and at least one 24 hour consecutive period of rest 
        within every 7 days.
            ``(5) For all flight attendants, at least a continuous 1 
        hour rest break on any flight scheduled for 8 hours or more of 
        flight time in a designated rest area.
    ``(c) Mandated Prohibitions.--If the Secretary does not initiate a 
rulemaking proceeding under subsection (a) before the 60th day 
following the date of the enactment of this Act or does not issue final 
regulations under subsection (b) before the 240th day following such 
date of enactment, no air carrier may after such date operate an 
aircraft using a flight attendant who has been on duty more hours, or 
who has had fewer hours of rest, than those required by paragraphs (1) 
through (5) of subsection (b).
    ``(d) Modification of Mandated Prohibitions.--The Secretary may 
issue regulations modifying the prohibitions contained in paragraphs 
(1) through (5) of subsection (b) if the Secretary determines that such 
modifications are in the interest of safety and transmits a copy of the 
modifying regulations to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives. The modifying 
regulations may not take effect until the expiration of the 90-day 
period beginning on the date of the transmittal of the modifying 
regulations to such committees.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Air carrier.--The term `air carrier' means any air 
        carrier which is subject to the provisions of part 121 or part 
        135 of title 14 of the Code of Federal Regulations.
            ``(2) Debriefing time.--The term `debriefing time' means a 
        time period of at least 30 minutes for domestic flight and of 
        at least 45 minutes for international flight after the block-in 
        time of the last flight or segment of a flight.
            ``(3) Designated rest area.--The term `designated rest 
        area' means a passenger seat, sleeper seat, or bunk of an 
        aircraft assigned for crew rest purposes.
            ``(4) Domestic flight.--The term `domestic flight' means 
        any flight or segment of a flight worked by a flight attendant 
        totally within the 48 contiguous States and the District of 
        Columbia.
            ``(5) Duty time.--The term `duty time' means all time 
        worked for an air carrier at any place and in any capacity and, 
        with respect to flying, shall begin at the required report time 
        and shall end at the conclusion of the debriefing time, or when 
        released by the carrier, whichever is later. Duty time accrues 
        until the crewmember is given a required rest period by the 
        carrier. Time spent deadheading, either on an aircraft or by 
        surface transportation, to or from an assignment by an air 
        carrier, time spent ferrying, and time spent attending meetings 
        and training shall also be considered duty time. Duty time 
        continues--
                    ``(A) throughout a rest period of a shorter 
                duration than that contained in subsection (b)(1), 
                (b)(2), or (b)(3), as the case may be; and
                    ``(B) during in-flight rest periods contained in 
                subsection (b)(5).
            ``(6) International flight.--The term `international 
        flight' means any flight worked by a flight attendant for which 
        a take off or landing is scheduled outside the 48 contiguous 
        States and the District of Columbia.
            ``(7) Long-range international nonstop flight.--The term 
        `long-range international nonstop flight' means a single 
        nonstop international flight scheduled for 8 hours or more of 
        flight time.
            ``(8) Report time.--The term `report time' means a time 
        period of at least 30 minutes prior to the scheduled departure 
        time of the first flight or segment of a flight in a flight 
        attendant's duty period or the time the flight attendant is 
        required to report to work, whichever is earlier.
            ``(9) Rest.--The term `rest' means uninterrupted time free 
        from all duty.
            ``(10) Scheduled flight time.--The term `scheduled flight 
        time' means the elapsed time based on the time shown in 
        schedules given by an air carrier to a travel agent.
            ``(11) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(f) Treatment of Duty Period With Domestic and International 
Flight Segments.--A duty period with domestic and international flight 
segments shall be treated as domestic flying for the purpose of 
calculating duty and rest requirements under this section if the 
majority of the flight time during that duty period is on a domestic 
segment or shall be treated as international flying if the majority of 
the flight time during that duty period is on an international 
segment.''.
    (b) Conforming Amendment.--The table of contents contained in the 
first section of the Federal Aviation Act of 1958 is amended by adding 
at the end of the matter relating to title VI the following:

``Sec. 614. Duty time of flight attendants.
        ``(a) Rulemaking proceeding.
        ``(b) Final regulations.
        ``(c) Mandated prohibitions.
        ``(d) Modification of mandated prohibitions.
        ``(e) Definitions.
        ``(f) Treatment of duty period with domestic and international 
                            flight segments.''.

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