[Congressional Record Volume 156, Number 113 (Thursday, July 29, 2010)]
[House]
[Pages H6418-H6428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AIRLINE SAFETY AND FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF
2010
Mr. COSTELLO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5900) to amend the Internal Revenue Code of 1986 to extend
the funding and expenditure authority of the Airport and Airway Trust
Fund, to amend title 49, United States Code, to extend airport
improvement program project grant authority and to improve airline
safety, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5900
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 ``Airline Safety and Federal
Aviation Administration Extension Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AIRPORT AND AIRWAY EXTENSION
Sec. 101. Extension of taxes funding Airport and Airway Trust Fund.
Sec. 102. Extension of Airport and Airway Trust Fund expenditure
authority.
Sec. 103. Extension of airport improvement program.
Sec. 104. Extension of expiring authorities.
Sec. 105. Federal Aviation Administration operations.
Sec. 106. Air navigation facilities and equipment.
Sec. 107. Research, engineering, and development.
TITLE II--AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT
Sec. 201. Definitions.
Sec. 202. Secretary of Transportation responses to safety
recommendations.
Sec. 203. FAA pilot records database.
Sec. 204. FAA Task Force on Air Carrier Safety and Pilot Training.
Sec. 205. Aviation safety inspectors and operational research analysts.
Sec. 206. Flight crewmember mentoring, professional development, and
leadership.
Sec. 207. Flight crewmember pairing and crew resource management
techniques.
Sec. 208. Implementation of NTSB flight crewmember training
recommendations.
Sec. 209. FAA rulemaking on training programs.
Sec. 210. Disclosure of air carriers operating flights for tickets sold
for air transportation.
Sec. 211. Safety inspections of regional air carriers.
Sec. 212. Pilot fatigue.
Sec. 213. Voluntary safety programs.
Sec. 214. ASAP and FOQA implementation plan.
Sec. 215. Safety management systems.
Sec. 216. Flight crewmember screening and qualifications.
Sec. 217. Airline transport pilot certification.
TITLE I--AIRPORT AND AIRWAY EXTENSION
SEC. 101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of
the Internal Revenue Code of 1986 is amended by striking
``August 1, 2010'' and inserting ``September 30, 2010''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``August
1, 2010'' and inserting ``September 30, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``August 1, 2010'' and inserting
``September 30, 2010''.
(c) Effective Date.--The amendments made by this section
shall take effect on August 2, 2010.
SEC. 102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the
Internal Revenue Code of 1986 is amended--
[[Page H6419]]
(1) by striking ``August 2, 2010'' and inserting ``October
1, 2010''; and
(2) by inserting ``or the Airline Safety and Federal
Aviation Administration Extension Act of 2010'' before the
semicolon at the end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e)
of such Code is amended by striking ``August 2, 2010'' and
inserting ``October 1, 2010''.
(c) Effective Date.--The amendments made by this section
shall take effect on August 2, 2010.
SEC. 103. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
Section 47104(c) of title 49, United States Code, is
amended by striking ``August 1, 2010,'' and inserting
``September 30, 2010,''.
SEC. 104. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is
amended by striking ``August 2, 2010.'' and inserting
``October 1, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``August 1, 2010,'' and inserting
``September 30, 2010,''; and
(2) by striking ``October 31, 2010,'' and inserting
``December 31, 2010,''.
(c) Section 44303(b) of such title is amended by striking
``October 31, 2010,'' and inserting ``December 31, 2010,''.
(d) Section 47107(s)(3) of such title is amended by
striking ``August 2, 2010.'' and inserting ``October 1,
2010.''.
(e) Section 47115(j) of such title is amended by striking
``fiscal years 2004 through 2009, and for the portion of
fiscal year 2010 ending before August 2, 2010,'' and
inserting ``fiscal years 2004 through 2010,''.
(f) Section 47141(f) of such title is amended by striking
``August 1, 2010.'' and inserting ``September 30, 2010.''.
(g) Section 49108 of such title is amended by striking
``August 1, 2010,'' and inserting ``September 30, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by
striking ``fiscal year 2009, or in the portion of fiscal year
2010 ending before August 2, 2010,'' and inserting ``fiscal
year 2009 or 2010''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended
by striking ``October 1, 2009, and for the portion of fiscal
year 2010 ending before August 2, 2010,'' and inserting
``October 1, 2010,''.
(j) The amendments made by this section shall take effect
on August 2, 2010.
SEC. 105. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(F) of title 49, United States Code, is
amended to read as follows:
``(F) $9,350,028,000 for fiscal year 2010.''.
SEC. 106. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(6) of title 49, United States Code, is
amended to read as follows:
``(6) $2,936,203,000 for fiscal year 2010.''.
SEC. 107. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(14) of title 49, United States Code, is
amended to read as follows:
``(14) $190,500,000 for fiscal year 2010.''.
TITLE II--AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT
SEC. 201. DEFINITIONS.
(a) Definitions.--In this title, the following definitions
apply:
(1) Advanced qualification program.--The term ``advanced
qualification program'' means the program established by the
Federal Aviation Administration in Advisory Circular 120-54A,
dated June 23, 2006, including any subsequent revisions
thereto.
(2) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(3) Aviation safety action program.--The term ``aviation
safety action program'' means the program established by the
Federal Aviation Administration in Advisory Circular 120-66B,
dated November 15, 2002, including any subsequent revisions
thereto.
(4) Flight crewmember.--The term ``flight crewmember'' has
the meaning given the term ``flightcrew member'' in part 1 of
title 14, Code of Federal Regulations.
(5) Flight operational quality assurance program.--The term
``flight operational quality assurance program'' means the
program established by the Federal Aviation Administration in
Advisory Circular 120-82, dated April 12, 2004, including any
subsequent revisions thereto.
(6) Line operations safety audit.--The term ``line
operations safety audit'' means the procedure referenced by
the Federal Aviation Administration in Advisory Circular 120-
90, dated April 27, 2006, including any subsequent revisions
thereto.
(7) Part 121 air carrier.--The term ``part 121 air
carrier'' means an air carrier that holds a certificate
issued under part 121 of title 14, Code of Federal
Regulations.
(8) Part 135 air carrier.--The term ``part 135 air
carrier'' means an air carrier that holds a certificate
issued under part 135 of title 14, Code of Federal
Regulations.
SEC. 202. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY
RECOMMENDATIONS.
(a) In General.--The first sentence of section 1135(a) is
amended by inserting ``to the Board'' after ``shall give''.
(b) Air Carrier Safety Recommendations.--Section 1135 is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Annual Report on Air Carrier Safety
Recommendations.--
``(1) In general.--The Secretary shall submit to Congress
and the Board, on an annual basis, a report on the
recommendations made by the Board to the Secretary regarding
air carrier operations conducted under part 121 of title 14,
Code of Federal Regulations.
``(2) Recommendations to be covered.--The report shall
cover--
``(A) any recommendation for which the Secretary has
developed, or intends to develop, procedures to adopt the
recommendation or part of the recommendation, but has yet to
complete the procedures; and
``(B) any recommendation for which the Secretary, in the
preceding year, has issued a response under subsection (a)(2)
or (a)(3) refusing to carry out all or part of the procedures
to adopt the recommendation.
``(3) Contents.--
``(A) Plans to adopt recommendations.--For each
recommendation of the Board described in paragraph (2)(A),
the report shall contain--
``(i) a description of the recommendation;
``(ii) a description of the procedures planned for adopting
the recommendation or part of the recommendation;
``(iii) the proposed date for completing the procedures;
and
``(iv) if the Secretary has not met a deadline contained in
a proposed timeline developed in connection with the
recommendation under subsection (b), an explanation for not
meeting the deadline.
``(B) Refusals to adopt recommendations.--For each
recommendation of the Board described in paragraph (2)(B),
the report shall contain--
``(i) a description of the recommendation; and
``(ii) a description of the reasons for the refusal to
carry out all or part of the procedures to adopt the
recommendation.''.
SEC. 203. FAA PILOT RECORDS DATABASE.
(a) Records of Employment of Pilot Applicants.--Section
44703(h) of title 49, United States Code, is amended by
adding at the end the following:
``(16) Applicability.--This subsection shall cease to be
effective on the date specified in regulations issued under
subsection (i).''.
(b) Establishment of FAA Pilot Records Database.--Section
44703 of such title is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following:
``(i) FAA Pilot Records Database.--
``(1) In general.--Before allowing an individual to begin
service as a pilot, an air carrier shall access and evaluate,
in accordance with the requirements of this subsection,
information pertaining to the individual from the pilot
records database established under paragraph (2).
``(2) Pilot records database.--The Administrator shall
establish an electronic database (in this subsection referred
to as the `database') containing the following records:
``(A) FAA records.--From the Administrator--
``(i) records that are maintained by the Administrator
concerning current airman certificates, including airman
medical certificates and associated type ratings and
information on any limitations to those certificates and
ratings;
``(ii) records that are maintained by the Administrator
concerning any failed attempt of an individual to pass a
practical test required to obtain a certificate or type
rating under part 61 of title 14, Code of Federal
Regulations; and
``(iii) summaries of legal enforcement actions resulting in
a finding by the Administrator of a violation of this title
or a regulation prescribed or order issued under this title
that was not subsequently overturned.
``(B) Air carrier and other records.--From any air carrier
or other person (except a branch of the Armed Forces, the
National Guard, or a reserve component of the Armed Forces)
that has employed an individual as a pilot of a civil or
public aircraft, or from the trustee in bankruptcy for the
air carrier or person--
``(i) records pertaining to the individual that are
maintained by the air carrier (other than records relating to
flight time, duty time, or rest time) or person, including
records under regulations set forth in--
``(I) section 121.683 of title 14, Code of Federal
Regulations;
``(II) section 121.111(a) of such title;
``(III) section 121.219(a) of such title;
``(IV) section 125.401 of such title; and
``(V) section 135.63(a)(4) of such title; and
``(ii) other records pertaining to the individual's
performance as a pilot that are maintained by the air carrier
or person concerning--
``(I) the training, qualifications, proficiency, or
professional competence of the individual, including comments
and evaluations made by a check airman designated in
accordance with section 121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action taken with respect to the
individual that was not subsequently overturned; and
``(III) any release from employment or resignation,
termination, or disqualification with respect to employment.
``(C) National driver register records.--In accordance with
section 30305(b)(8) of this
[[Page H6420]]
title, from the chief driver licensing official of a State,
information concerning the motor vehicle driving record of
the individual.
``(3) Written consent; release from liability.--An air
carrier--
``(A) shall obtain the written consent of an individual
before accessing records pertaining to the individual under
paragraph (1); and
``(B) may, notwithstanding any other provision of law or
agreement to the contrary, require an individual with respect
to whom the carrier is accessing records under paragraph (1)
to execute a release from liability for any claim arising
from accessing the records or the use of such records by the
air carrier in accordance with this section (other than a
claim arising from furnishing information known to be false
and maintained in violation of a criminal statute).
``(4) Reporting.--
``(A) Reporting by administrator.--The Administrator shall
enter data described in paragraph (2)(A) into the database
promptly to ensure that an individual's records are current.
``(B) Reporting by air carriers and other persons.--
``(i) In general.--Air carriers and other persons shall
report data described in paragraphs (2)(B) and (2)(C) to the
Administrator promptly for entry into the database.
``(ii) Data to be reported.--Air carriers and other persons
shall report, at a minimum, under clause (i) the following
data described in paragraph (2)(B):
``(I) Records that are generated by the air carrier or
other person after the date of enactment of this paragraph.
``(II) Records that the air carrier or other person is
maintaining, on such date of enactment, pursuant to
subsection (h)(4).
``(5) Requirement to maintain records.--The Administrator--
``(A) shall maintain all records entered into the database
under paragraph (2) pertaining to an individual until the
date of receipt of notification that the individual is
deceased; and
``(B) may remove the individual's records from the database
after that date.
``(6) Receipt of consent.--The Administrator shall not
permit an air carrier to access records pertaining to an
individual from the database under paragraph (1) without the
air carrier first demonstrating to the satisfaction of the
Administrator that the air carrier has obtained the written
consent of the individual.
``(7) Right of pilot to review certain records and correct
inaccuracies.--Notwithstanding any other provision of law or
agreement, the Administrator, upon receipt of written request
from an individual--
``(A) shall make available, not later than 30 days after
the date of the request, to the individual for review all
records referred to in paragraph (2) pertaining to the
individual; and
``(B) shall provide the individual with a reasonable
opportunity to submit written comments to correct any
inaccuracies contained in the records.
``(8) Reasonable charges for processing requests and
furnishing copies.--
``(A) In general.--The Administrator may establish a
reasonable charge for the cost of processing a request under
paragraph (1) or (7) and for the cost of furnishing copies of
requested records under paragraph (7).
``(B) Crediting appropriations.--Funds received by the
Administrator pursuant to this paragraph shall--
``(i) be credited to the appropriation current when the
amount is received;
``(ii) be merged with and available for the purposes of
such appropriation; and
``(iii) remain available until expended.
``(9) Privacy protections.--
``(A) Use of records.--An air carrier that accesses records
pertaining to an individual under paragraph (1) may use the
records only to assess the qualifications of the individual
in deciding whether or not to hire the individual as a pilot.
The air carrier shall take such actions as may be necessary
to protect the privacy of the individual and the
confidentiality of the records accessed, including ensuring
that information contained in the records is not divulged to
any individual that is not directly involved in the hiring
decision.
``(B) Disclosure of information.--
``(i) In general.--Except as provided by clause (ii),
information collected by the Administrator under paragraph
(2) shall be exempt from the disclosure requirements of
section 552 of title 5.
``(ii) Exceptions.--Clause (i) shall not apply to--
``(I) deidentified, summarized information to explain the
need for changes in policies and regulations;
``(II) information to correct a condition that compromises
safety;
``(III) information to carry out a criminal investigation
or prosecution;
``(IV) information to comply with section 44905, regarding
information about threats to civil aviation; and
``(V) such information as the Administrator determines
necessary, if withholding the information would not be
consistent with the safety responsibilities of the Federal
Aviation Administration.
``(10) Periodic review.--Not later than 18 months after the
date of enactment of this paragraph, and at least once every
3 years thereafter, the Administrator shall transmit to
Congress a statement that contains, taking into account
recent developments in the aviation industry--
``(A) recommendations by the Administrator concerning
proposed changes to Federal Aviation Administration records,
air carrier records, and other records required to be
included in the database under paragraph (2); or
``(B) reasons why the Administrator does not recommend any
proposed changes to the records referred to in subparagraph
(A).
``(11) Regulations for protection and security of
records.--The Administrator shall prescribe such regulations
as may be necessary--
``(A) to protect and secure--
``(i) the personal privacy of any individual whose records
are accessed under paragraph (1); and
``(ii) the confidentiality of those records; and
``(B) to preclude the further dissemination of records
received under paragraph (1) by the person who accessed the
records.
``(12) Good faith exception.--Notwithstanding paragraph
(1), an air carrier may allow an individual to begin service
as a pilot, without first obtaining information described in
paragraph (2)(B) from the database pertaining to the
individual, if--
``(A) the air carrier has made a documented good faith
attempt to access the information from the database; and
``(B) the air carrier has received written notice from the
Administrator that the information is not contained in the
database because the individual was employed by an air
carrier or other person that no longer exists or by a foreign
government or other entity that has not provided the
information to the database.
``(13) Limitations on electronic access to records.--
``(A) Access by individuals designated by air carriers.--
For the purpose of increasing timely and efficient access to
records described in paragraph (2), the Administrator may
allow, under terms established by the Administrator, an
individual designated by an air carrier to have electronic
access to the database.
``(B) Terms.--The terms established by the Administrator
under subparagraph (A) for allowing a designated individual
to have electronic access to the database shall limit such
access to instances in which information in the database is
required by the designated individual in making a hiring
decision concerning a pilot applicant and shall require that
the designated individual provide assurances satisfactory to
the Administrator that--
``(i) the designated individual has received the written
consent of the pilot applicant to access the information; and
``(ii) information obtained using such access will not be
used for any purpose other than making the hiring decision.
``(14) Authorized expenditures.--Of amounts appropriated
under section 106(k)(1), a total of $6,000,000 for fiscal
years 2010 through 2013 may be used to carry out this
subsection.
``(15) Regulations.--
``(A) In general.--The Administrator shall issue
regulations to carry out this subsection.
``(B) Effective date.--The regulations shall specify the
date on which the requirements of this subsection take effect
and the date on which the requirements of subsection (h)
cease to be effective.
``(C) Exceptions.--Notwithstanding subparagraph (B)--
``(i) the Administrator shall begin to establish the
database under paragraph (2) not later than 90 days after the
date of enactment of this paragraph;
``(ii) the Administrator shall maintain records in
accordance with paragraph (5) beginning on the date of
enactment of this paragraph; and
``(iii) air carriers and other persons shall maintain
records to be reported to the database under paragraph (4)(B)
in the period beginning on such date of enactment and ending
on the date that is 5 years after the requirements of
subsection (h) cease to be effective pursuant to subparagraph
(B).
``(16) Special rule.--During the one-year period beginning
on the date on which the requirements of this section become
effective pursuant to paragraph (15)(B), paragraph (7)(A)
shall be applied by substituting `45 days' for `30 days'.''.
(c) Conforming Amendments.--
(1) Limitation on liability; preemption of state law.--
Section 44703(j) (as redesignated by subsection (b)(1) of
this section) is amended--
(A) in the subsection heading by striking ``Limitation''
and inserting ``Limitations'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by striking
``paragraph (2)'' and inserting ``subsection (h)(2) or
(i)(3)'';
(ii) in subparagraph (A) by inserting ``or accessing the
records of that individual under subsection (i)(1)'' before
the semicolon; and
(iii) in the matter following subparagraph (D) by striking
``subsection (h)'' and inserting ``subsection (h) or (i)'';
(C) in paragraph (2) by striking ``subsection (h)'' and
inserting ``subsection (h) or (i)'';
(D) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or who furnished information to the
database established under subsection (i)(2)'' after
``subsection (h)(1)''; and
(E) by adding at the end the following:
``(4) Prohibition on actions and proceedings against air
carriers.--
[[Page H6421]]
``(A) Hiring decisions.--An air carrier may refuse to hire
an individual as a pilot if the individual did not provide
written consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute the
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).
``(B) Actions and proceedings.--No action or proceeding may
be brought against an air carrier by or on behalf of an
individual who has applied for or is seeking a position as a
pilot with the air carrier if the air carrier refused to hire
the individual after the individual did not provide written
consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute a
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).''.
(2) Limitation on statutory construction.--Section 44703(k)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ``subsection (h)'' and inserting
``subsection (h) or (i)''.
SEC. 204. FAA TASK FORCE ON AIR CARRIER SAFETY AND PILOT
TRAINING.
(a) Establishment.--The Administrator of the Federal
Aviation Administration shall establish a special task force
to be known as the FAA Task Force on Air Carrier Safety and
Pilot Training (in this section referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall consist of members
appointed by the Administrator and shall include air carrier
representatives, labor union representatives, and aviation
safety experts with knowledge of foreign and domestic
regulatory requirements for flight crewmember education and
training.
(c) Duties.--The duties of the Task Force shall include, at
a minimum, evaluating best practices in the air carrier
industry and providing recommendations in the following
areas:
(1) Air carrier management responsibilities for flight
crewmember education and support.
(2) Flight crewmember professional standards.
(3) Flight crewmember training standards and performance.
(4) Mentoring and information sharing between air carriers.
(d) Report.--Not later than one year after the date of
enactment of this Act, and before the last day of each one-
year period thereafter until termination of the Task Force,
the Task Force shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing--
(1) the progress of the Task Force in identifying best
practices in the air carrier industry;
(2) the progress of air carriers and labor unions in
implementing the best practices identified by the Task Force;
(3) recommendations of the Task Force, if any, for
legislative or regulatory actions;
(4) the progress of air carriers and labor unions in
implementing training-related, nonregulatory actions
recommended by the Administrator; and
(5) the progress of air carriers in developing specific
programs to share safety data and ensure implementation of
the most effective safety practices.
(e) Termination.--The Task Force shall terminate on
September 30, 2012.
(f) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force.
SEC. 205. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH
ANALYSTS.
(a) Review by DOT Inspector General.--Not later than 9
months after the date of enactment of this Act, the Inspector
General of the Department of Transportation shall conduct a
review of the aviation safety inspectors and operational
research analysts of the Federal Aviation Administration
assigned to part 121 air carriers and submit to the
Administrator of the Federal Aviation Administration a report
on the results of the review.
(b) Purposes.--The purpose of the review shall be, at a
minimum--
(1) to review the level of the Administration's oversight
of each part 121 air carrier;
(2) to make recommendations to ensure that each part 121
air carrier is receiving an equivalent level of oversight;
(3) to assess the number and level of experience of
aviation safety inspectors assigned to each part 121 air
carrier;
(4) to evaluate how the Administration is making
assignments of aviation safety inspectors to each part 121
air carrier;
(5) to review various safety inspector oversight programs,
including the geographic inspector program;
(6) to evaluate the adequacy of the number of operational
research analysts assigned to each part 121 air carrier;
(7) to evaluate the surveillance responsibilities of
aviation safety inspectors, including en route inspections;
(8) to evaluate whether inspectors are able to effectively
use data sources, such as the Safety Performance Analysis
System and the Air Transportation Oversight System, to assist
in targeting oversight of each part 121 air carrier;
(9) to assess the feasibility of establishment by the
Administration of a comprehensive repository of information
that encompasses multiple Administration data sources and
allows access by aviation safety inspectors and operational
research analysts to assist in the oversight of each part 121
air carrier; and
(10) to conduct such other analyses as the Inspector
General considers relevant to the review.
SEC. 206. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL
DEVELOPMENT, AND LEADERSHIP.
(a) Aviation Rulemaking Committee.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall convene an aviation rulemaking committee
to develop procedures for each part 121 air carrier to take
the following actions:
(A) Establish flight crewmember mentoring programs under
which the air carrier will pair highly experienced flight
crewmembers who will serve as mentor pilots and be paired
with newly employed flight crewmembers. Mentor pilots should
be provided, at a minimum, specific instruction on techniques
for instilling and reinforcing the highest standards of
technical performance, airmanship, and professionalism in
newly employed flight crewmembers.
(B) Establish flight crewmember professional development
committees made up of air carrier management and labor union
or professional association representatives to develop,
administer, and oversee formal mentoring programs of the
carrier to assist flight crewmembers to reach their maximum
potential as safe, seasoned, and proficient flight
crewmembers.
(C) Establish or modify training programs to accommodate
substantially different levels and types of flight experience
by newly employed flight crewmembers.
(D) Establish or modify training programs for second-in-
command flight crewmembers attempting to qualify as pilot-in-
command flight crewmembers for the first time in a specific
aircraft type and ensure that such programs include
leadership and command training.
(E) Ensure that recurrent training for pilots in command
includes leadership and command training.
(F) Such other actions as the aviation rulemaking committee
determines appropriate to enhance flight crewmember
professional development.
(2) Compliance with sterile cockpit rule.--Leadership and
command training described in paragraphs (1)(D) and (1)(E)
shall include instruction on compliance with flight
crewmember duties under part 121.542 of title 14, Code of
Federal Regulations.
(3) Streamlined program review.--
(A) In general.--As part of the rulemaking required by
subsection (b), the Administrator shall establish a
streamlined review process for part 121 air carriers that
have in effect, as of the date of enactment of this Act, the
programs described in paragraph (1).
(B) Expedited approvals.--Under the streamlined review
process, the Administrator shall--
(i) review the programs of such part 121 air carriers to
determine whether the programs meet the requirements set
forth in the final rule referred to in subsection (b)(2); and
(ii) expedite the approval of the programs that the
Administrator determines meet such requirements.
(b) Rulemaking.--The Administrator shall issue--
(1) not later than one year after the date of enactment of
this Act, a notice of proposed rulemaking based on the
recommendations of the aviation rulemaking committee convened
under subsection (a); and
(2) not later than 36 months after such date of enactment,
a final rule based on such recommendations.
SEC. 207. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE
MANAGEMENT TECHNIQUES.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on aviation industry
best practices with regard to flight crewmember pairing, crew
resource management techniques, and pilot commuting.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study.
SEC. 208. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING
RECOMMENDATIONS.
(a) Rulemaking Proceedings.--
(1) Stall and upset recognition and recovery training.--The
Administrator of the Federal Aviation Administration shall
conduct a rulemaking proceeding to require part 121 air
carriers to provide flight crewmembers with ground training
and flight training or flight simulator training--
(A) to recognize and avoid a stall of an aircraft or, if
not avoided, to recover from the stall; and
(B) to recognize and avoid an upset of an aircraft or, if
not avoided, to execute such techniques as available data
indicate are appropriate to recover from the upset in a given
make, model, and series of aircraft.
(2) Remedial training programs.--The Administrator shall
conduct a rulemaking proceeding to require part 121 air
carriers to establish remedial training programs for flight
crewmembers who have demonstrated performance deficiencies or
experienced failures in the training environment.
[[Page H6422]]
(3) Deadlines.--The Administrator shall--
(A) not later than one year after the date of enactment of
this Act, issue a notice of proposed rulemaking under each of
paragraphs (1) and (2); and
(B) not later than 36 months after the date of enactment of
this Act, issue a final rule for the rulemaking under each of
paragraphs (1) and (2).
(b) Stick Pusher Training and Weather Event Training.--
(1) Multidisciplinary panel.--Not later than 120 days after
the date of enactment of this Act, the Administrator shall
convene a multidisciplinary panel of specialists in aircraft
operations, flight crewmember training, human factors, and
aviation safety to study and submit to the Administrator a
report on methods to increase the familiarity of flight
crewmembers with, and improve the response of flight
crewmembers to, stick pusher systems, icing conditions, and
microburst and windshear weather events.
(2) Report to congress and ntsb.--Not later than one year
after the date on which the Administrator convenes the panel,
the Administrator shall--
(A) submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and
the National Transportation Safety Board a report based on
the findings of the panel; and
(B) with respect to stick pusher systems, initiate
appropriate actions to implement the recommendations of the
panel.
(c) Definitions.--In this section, the following
definitions apply:
(1) Flight training and flight simulator.--The terms
``flight training'' and ``flight simulator'' have the
meanings given those terms in part 61.1 of title 14, Code of
Federal Regulations (or any successor regulation).
(2) Stall.--The term ``stall'' means an aerodynamic loss of
lift caused by exceeding the critical angle of attack.
(3) Stick pusher.--The term ``stick pusher'' means a device
that, at or near a stall, applies a nose down pitch force to
an aircraft's control columns to attempt to decrease the
aircraft's angle of attack.
(4) Upset.--The term ``upset'' means an unusual aircraft
attitude.
SEC. 209. FAA RULEMAKING ON TRAINING PROGRAMS.
(a) Completion of Rulemaking on Training Programs.--Not
later than 14 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall issue a final rule with respect to the notice of
proposed rulemaking published in the Federal Register on
January 12, 2009 (74 Fed. Reg. 1280; relating to training
programs for flight crewmembers and aircraft dispatchers).
(b) Expert Panel To Review Part 121 and Part 135 Training
Hours.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall convene a
multidisciplinary expert panel comprised of, at a minimum,
air carrier representatives, training facility
representatives, instructional design experts, aircraft
manufacturers, safety organization representatives, and labor
union representatives.
(2) Assessment and recommendations.--The panel shall assess
and make recommendations concerning--
(A) the best methods and optimal time needed for flight
crewmembers of part 121 air carriers and flight crewmembers
of part 135 air carriers to master aircraft systems,
maneuvers, procedures, takeoffs and landings, and crew
coordination;
(B) initial and recurrent testing requirements for pilots,
including the rigor and consistency of testing programs such
as check rides;
(C) the optimal length of time between training events for
such flight crewmembers, including recurrent training events;
(D) the best methods reliably to evaluate mastery by such
flight crewmembers of aircraft systems, maneuvers,
procedures, takeoffs and landings, and crew coordination;
(E) classroom instruction requirements governing curriculum
content and hours of instruction;
(F) the best methods to allow specific academic training
courses to be credited toward the total flight hours required
to receive an airline transport pilot certificate; and
(G) crew leadership training.
(3) Best practices.--In making recommendations under
subsection (b)(2), the panel shall consider, if appropriate,
best practices in the aviation industry with respect to
training protocols, methods, and procedures.
(4) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the National Transportation
Safety Board a report based on the findings of the panel.
SEC. 210. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR
TICKETS SOLD FOR AIR TRANSPORTATION.
Section 41712 of title 49, United States Code, is amended
by adding at the end the following:
``(c) Disclosure Requirement for Sellers of Tickets for
Flights.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any ticket agent, air
carrier, foreign air carrier, or other person offering to
sell tickets for air transportation on a flight of an air
carrier to fail to disclose, whether verbally in oral
communication or in writing in written or electronic
communication, prior to the purchase of a ticket--
``(A) the name of the air carrier providing the air
transportation; and
``(B) if the flight has more than one flight segment, the
name of each air carrier providing the air transportation for
each such flight segment.
``(2) Internet offers.--In the case of an offer to sell
tickets described in paragraph (1) on an Internet Web site,
disclosure of the information required by paragraph (1) shall
be provided on the first display of the Web site following a
search of a requested itinerary in a format that is easily
visible to a viewer.''.
SEC. 211. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.
The Administrator of the Federal Aviation Administration
shall perform, not less frequently than once each year,
random, onsite inspections of air carriers that provide air
transportation pursuant to a contract with a part 121 air
carrier to ensure that such air carriers are complying with
all applicable safety standards of the Administration.
SEC. 212. PILOT FATIGUE.
(a) Flight and Duty Time Regulations.--
(1) In general.--In accordance with paragraph (3), the
Administrator of the Federal Aviation Administration shall
issue regulations, based on the best available scientific
information, to specify limitations on the hours of flight
and duty time allowed for pilots to address problems relating
to pilot fatigue.
(2) Matters to be addressed.--In conducting the rulemaking
proceeding under this subsection, the Administrator shall
consider and review the following:
(A) Time of day of flights in a duty period.
(B) Number of takeoff and landings in a duty period.
(C) Number of time zones crossed in a duty period.
(D) The impact of functioning in multiple time zones or on
different daily schedules.
(E) Research conducted on fatigue, sleep, and circadian
rhythms.
(F) Sleep and rest requirements recommended by the National
Transportation Safety Board and the National Aeronautics and
Space Administration.
(G) International standards regarding flight schedules and
duty periods.
(H) Alternative procedures to facilitate alertness in the
cockpit.
(I) Scheduling and attendance policies and practices,
including sick leave.
(J) The effects of commuting, the means of commuting, and
the length of the commute.
(K) Medical screening and treatment.
(L) Rest environments.
(M) Any other matters the Administrator considers
appropriate.
(3) Rulemaking.--The Administrator shall issue--
(A) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under paragraph
(1); and
(B) not later than one year after the date of enactment of
this Act, a final rule under paragraph (1).
(b) Fatigue Risk Management Plan.--
(1) Submission of fatigue risk management plan by part 121
air carriers.--Not later than 90 days after the date of
enactment of this Act, each part 121 air carrier shall submit
to the Administrator for review and acceptance a fatigue risk
management plan for the carrier's pilots.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme consistent with such limitations that
enables the management of pilot fatigue, including annual
training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on pilots; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually
assesses the effectiveness of the program, including the
ability of the program--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Review.--Not later than 12 months after the date of
enactment of this Act, the Administrator shall review and
accept or reject the fatigue risk management plans submitted
under this subsection. If the Administrator rejects a plan,
the Administrator shall provide suggested modifications for
resubmission of the plan.
(4) Plan updates.--
(A) In general.--A part 121 air carrier shall update its
fatigue risk management plan under paragraph (1) every 2
years and submit the update to the Administrator for review
and acceptance.
(B) Review.--Not later than 12 months after the date of
submission of a plan update under subparagraph (A), the
Administrator shall review and accept or reject the update.
If the Administrator rejects an update, the Administrator
shall provide suggested modifications for resubmission of the
update.
(5) Compliance.--A part 121 air carrier shall comply with
the fatigue risk management plan of the air carrier that is
accepted by the Administrator under this subsection.
[[Page H6423]]
(6) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of
chapter 447 of title 49, United States Code, for purposes of
the application of civil penalties under chapter 463 of that
title.
(c) Effect of Commuting on Fatigue.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall enter into
appropriate arrangements with the National Academy of
Sciences to conduct a study of the effects of commuting on
pilot fatigue and report its findings to the Administrator.
(2) Study.--In conducting the study, the National Academy
of Sciences shall consider--
(A) the prevalence of pilot commuting in the commercial air
carrier industry, including the number and percentage of
pilots who commute;
(B) information relating to commuting by pilots, including
distances traveled, time zones crossed, time spent, and
methods used;
(C) research on the impact of commuting on pilot fatigue,
sleep, and circadian rhythms;
(D) commuting policies of commercial air carriers
(including passenger and all-cargo air carriers), including
pilot check-in requirements and sick leave and fatigue
policies;
(E) postconference materials from the Federal Aviation
Administration's June 2008 symposium titled ``Aviation
Fatigue Management Symposium: Partnerships for Solutions'';
(F) Federal Aviation Administration and international
policies and guidance regarding commuting; and
(G) any other matters as the Administrator considers
appropriate.
(3) Preliminary findings.--Not later than 120 days after
the date of entering into arrangements under paragraph (1),
the National Academy of Sciences shall submit to the
Administrator its preliminary findings under the study.
(4) Report.--Not later than 9 months after the date of
entering into arrangements under paragraph (1), the National
Academy of Sciences shall submit a report to the
Administrator containing its findings under the study and any
recommendations for regulatory or administrative actions by
the Federal Aviation Administration concerning commuting by
pilots.
(5) Rulemaking.--Following receipt of the report of the
National Academy of Sciences under paragraph (4), the
Administrator shall--
(A) consider the findings and recommendations in the
report; and
(B) update, as appropriate based on scientific data,
regulations required by subsection (a) on flight and duty
time.
SEC. 213. VOLUNTARY SAFETY PROGRAMS.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the aviation safety
action program, the flight operational quality assurance
program, the line operations safety audit, and the advanced
qualification program.
(b) Contents.--The report shall include--
(1) a list of--
(A) which air carriers are using one or more of the
voluntary safety programs referred to in subsection (a); and
(B) the voluntary safety programs each air carrier is
using;
(2) if an air carrier is not using one or more of the
voluntary safety programs--
(A) a list of such programs the carrier is not using; and
(B) the reasons the carrier is not using each such program;
(3) if an air carrier is using one or more of the voluntary
safety programs, an explanation of the benefits and
challenges of using each such program;
(4) a detailed analysis of how the Administration is using
data derived from each of the voluntary safety programs as
safety analysis and accident or incident prevention tools and
a detailed plan on how the Administration intends to expand
data analysis of such programs;
(5) an explanation of--
(A) where the data derived from the voluntary safety
programs is stored;
(B) how the data derived from such programs is protected
and secured; and
(C) what data analysis processes air carriers are
implementing to ensure the effective use of the data derived
from such programs;
(6) a description of the extent to which aviation safety
inspectors are able to review data derived from the voluntary
safety programs to enhance their oversight responsibilities;
(7) a description of how the Administration plans to
incorporate operational trends identified under the voluntary
safety programs into the air transport oversight system and
other surveillance databases so that such system and
databases are more effectively utilized;
(8) other plans to strengthen the voluntary safety
programs, taking into account reviews of such programs by the
Inspector General of the Department of Transportation; and
(9) such other matters as the Administrator determines are
appropriate.
SEC. 214. ASAP AND FOQA IMPLEMENTATION PLAN.
(a) Development and Implementation Plan.--The Administrator
of the Federal Aviation Administration shall develop and
implement a plan to facilitate the establishment of an
aviation safety action program and a flight operational
quality assurance program by all part 121 air carriers.
(b) Matters To Be Considered.--In developing the plan under
subsection (a), the Administrator shall consider--
(1) how the Administration can assist part 121 air carriers
with smaller fleet sizes to derive a benefit from
establishing a flight operational quality assurance program;
(2) how part 121 air carriers with established aviation
safety action and flight operational quality assurance
programs can quickly begin to report data into the aviation
safety information analysis sharing database; and
(3) how part 121 air carriers and aviation safety
inspectors can better utilize data from such database as
accident and incident prevention tools.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a copy of the plan developed
under subsection (a) and an explanation of how the
Administration will implement the plan.
(d) Deadline for Beginning Implementation of Plan.--Not
later than one year after the date of enactment of this Act,
the Administrator shall begin implementation of the plan
developed under subsection (a).
SEC. 215. SAFETY MANAGEMENT SYSTEMS.
(a) Rulemaking.--The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to
require all part 121 air carriers to implement a safety
management system.
(b) Matters To Consider.--In conducting the rulemaking
under subsection (a), the Administrator shall consider, at a
minimum, including each of the following as a part of the
safety management system:
(1) An aviation safety action program.
(2) A flight operational quality assurance program.
(3) A line operations safety audit.
(4) An advanced qualification program.
(c) Deadlines.--The Administrator shall issue--
(1) not later than 90 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than 24 months after the date of enactment of
this Act, a final rule under subsection (a).
(d) Safety Management System Defined.--In this section, the
term ``safety management system'' means the program
established by the Federal Aviation Administration in
Advisory Circular 120-92, dated June 22, 2006, including any
subsequent revisions thereto.
SEC. 216. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.
(a) Requirements.--
(1) Rulemaking proceeding.--The Administrator of the
Federal Aviation Administration shall conduct a rulemaking
proceeding to require part 121 air carriers to develop and
implement means and methods for ensuring that flight
crewmembers have proper qualifications and experience.
(2) Minimum requirements.--
(A) Prospective flight crewmembers.--Rules issued under
paragraph (1) shall ensure that prospective flight
crewmembers undergo comprehensive preemployment screening,
including an assessment of the skills, aptitudes, airmanship,
and suitability of each applicant for a position as a flight
crewmember in terms of functioning effectively in the air
carrier's operational environment.
(B) All flight crewmembers.--Rules issued under paragraph
(1) shall ensure that, after the date that is 3 years after
the date of enactment of this Act, all flight crewmembers--
(i) have obtained an airline transport pilot certificate
under part 61 of title 14, Code of Federal Regulations; and
(ii) have appropriate multi-engine aircraft flight
experience, as determined by the Administrator.
(b) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than 24 months after such date of enactment,
a final rule under subsection (a).
(c) Default.--The requirement that each flight crewmember
for a part 121 air carrier hold an airline transport pilot
certificate under part 61 of title 14, Code of Federal
Regulations, shall begin to apply on the date that is 3 years
after the date of enactment of this Act even if the
Administrator fails to meet a deadline established under this
section.
SEC. 217. AIRLINE TRANSPORT PILOT CERTIFICATION.
(a) Rulemaking Proceeding.--The Administrator of the
Federal Aviation Administration shall conduct a rulemaking
proceeding to amend part 61 of title 14, Code of Federal
Regulations, to modify requirements for the issuance of an
airline transport pilot certificate.
(b) Minimum Requirements.--To be qualified to receive an
airline transport pilot certificate pursuant to subsection
(a), an individual shall--
[[Page H6424]]
(1) have sufficient flight hours, as determined by the
Administrator, to enable a pilot to function effectively in
an air carrier operational environment; and
(2) have received flight training, academic training, or
operational experience that will prepare a pilot, at a
minimum, to--
(A) function effectively in a multipilot environment;
(B) function effectively in adverse weather conditions,
including icing conditions;
(C) function effectively during high altitude operations;
(D) adhere to the highest professional standards; and
(E) function effectively in an air carrier operational
environment.
(c) Flight Hours.--
(1) Numbers of flight hours.--The total flight hours
required by the Administrator under subsection (b)(1) shall
be at least 1,500 flight hours.
(2) Flight hours in difficult operational conditions.--The
total flight hours required by the Administrator under
subsection (b)(1) shall include sufficient flight hours, as
determined by the Administrator, in difficult operational
conditions that may be encountered by an air carrier to
enable a pilot to operate safely in such conditions.
(d) Credit Toward Flight Hours.--The Administrator may
allow specific academic training courses, beyond those
required under subsection (b)(2), to be credited toward the
total flight hours required under subsection (c). The
Administrator may allow such credit based on a determination
by the Administrator that allowing a pilot to take specific
academic training courses will enhance safety more than
requiring the pilot to fully comply with the flight hours
requirement.
(e) Recommendations of Expert Panel.--In conducting the
rulemaking proceeding under this section, the Administrator
shall review and consider the assessment and recommendations
of the expert panel to review part 121 and part 135 training
hours established by section 209(b) of this Act.
(f) Deadline.--Not later than 36 months after the date of
enactment of this Act, the Administrator shall issue a final
rule under subsection (a).
The SPEAKER pro tempore (Ms. Titus). Pursuant to the rule, the
gentleman from Illinois (Mr. Costello) and the gentleman from Wisconsin
(Mr. Petri) each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. COSTELLO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous material on H.R. 5900.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. COSTELLO. Madam Speaker, I yield myself as much time as I may
consume.
Madam Speaker, I rise in support of H.R. 5900, the Airline Safety and
Federal Aviation Administration Extension Act of 2010.
I want to thank Chairman Oberstar and Ranking Member Mica and the
ranking member of the subcommittee, Mr. Petri, for their leadership in
bringing this bill to the floor.
For the past few months we have been working in a bipartisan manner
with the other body to produce a comprehensive Federal Aviation
Administration reauthorization bill before it expires on August 1.
We have reached consensus on a majority of the items from both bills
and only a few issues remain, which I believe can be worked out.
However, the leaders in the other body said that they could not reach
agreement with their Members and therefore we have an impasse. It is
unfortunate that we have reached this point after coming so close to
working through both bills. Therefore, we have decided to go forward
with the bill before us tonight.
H.R. 5900 will provide a 2-month extension of the FAA reauthorization
bill through the end of the fiscal year, September 30, 2010, and
includes the airline safety and pilot training provisions that we have
been able to negotiate with the Senate. In October, the House passed
H.R. 3371, the Airline Safety and Pilot Training Improvement Act of
2009, as a stand-alone bill by an overwhelming majority.
Unfortunately, once again, the other body has not acted on this
legislation either. Therefore, we are including the safety provisions
that we have been able to negotiate with the Senate on the FAA
extension.
The bill before us tonight contains the strongest aviation safety
legislation in decades. It was introduced after many hearings,
roundtable discussions, and with the input from the families of those
who perished in the Colgan accident in Buffalo, the pilot groups,
airlines, the National Safety Transportation Board, the Department of
Transportation's Inspector General, and many Members of Congress.
Throughout 2009, the Aviation Subcommittee held many hearings and
roundtables on safety issues and talked about a number of issues
concerning the Colgan accident, which culminated in this legislation.
Regional airlines have been involved in the last seven fatal U.S.
airline accidents, and pilot performance has been implicated in four of
those accidents. This legislation strengthens pilot training
requirements and qualifications by increasing the minimum number of
flight hours required to be hired as an airline pilot by requiring the
Airline Transport Pilot certificate, which is currently only mandatory
for an airline captain. The ATP requires a minimum of 1,500 flight
hours and additional aeronautical knowledge, crew resource management
training, and greater flight proficiency testing.
In addition, the bill also strengthens the ATP qualitative minimum
requirements, such as flying in adverse weather conditions, including
icing, and requires the FAA to create and maintain an electronic pilot
records database. The database will allow an airline to quickly access
an applicant's comprehensive record for hiring purposes only.
Finally, H.R. 5900 requires all Internet Web sites that will sell
airline tickets to show on the first page of their display the name of
the air carrier operating each flight segment of a proposed itinerary.
Passing this safety reform legislation now is the right thing to do.
We can no longer delay enacting the strongest safety bill in decades
as we work on a final agreement on the greater FAA bill. The Colgan
families, many of them who are with us here this evening, have been a
powerful driving force behind this legislation, and I thank each of
them for their persistence.
For the last 17 months, they have come to Washington, DC over 30
times at their own expense to push for the safety bill and safety
improvements. Madam Speaker, it is time for the House and Senate to
pass these important safety provisions and get them to the President to
be signed into law.
Passing this bill tonight should not distract from our efforts to
finish the FAA bill. There are many important provisions in the
reauthorization bill, and I am committed to passing a comprehensive FAA
reauthorization bill so that we can provide stability to the FAA and
our Nation's aviation system by passing a multiyear reauthorization.
With--Madam Speaker, with that I urge my colleagues to support the
legislation.
I reserve the balance of my time.
Mr. PETRI. Madam Speaker, I yield such time as he may consume to the
senior Republican on the full committee, my colleague, John Mica from
Florida.
Mr. MICA. I thank the gentleman for yielding.
First, Mr. Petri, I want to personally thank you as our ranking
member; Mr. Costello, the chair of the Aviation Subcommittee; Mr.
Oberstar, my partner on the full committee.
{time} 2310
The hour is late, both for passage of this extension of our Federal
Aviation Administration authorization, and the hour is late for passage
of a Federal aviation airline safety bill, commuter safety legislation
that we should have passed months and months ago.
First I have to address the airline safety provisions that have been
rolled into this extension. I must apologize to those families who have
waited so long, those families who experienced personal tragedy beyond
what any of us could imagine, the loss of loved ones, the loss of life,
and from that tragedy, they went forward and tried to change our
Federal laws and our airline safety.
The United States of America is fortunate because we have probably
the safest aviation system in the world. Large commercial aircraft,
since November of 2001, we have not lost a single aircraft; every day
it's a miracle, given all the human elements and possibilities of an
accident. However, in
[[Page H6425]]
our service on the committee, we can't just be concerned about safety
with large aircraft. Millions of Americans who fly every day and every
week cross the land on commuter aircraft. The fatalities in commuter
aircraft travel, as we have seen, have been too many, and we have not
acted.
When we had the crash in February of 2009, again, from that tragedy
families came forward and Members of Congress began the work of trying
to craft legislation that would ensure a level of safety for those
traveling on commuter airlines, an equal level of safety that everyone
else enjoys in other classes of aircraft. I am sad that, again, it took
so long, and now we're doing it on the extension, but it should have
been done and now it will be done. Without their help, we wouldn't be
here even tonight.
I also came tonight to stay a few minutes to thank one of our newer
representatives. Imagine being elected to Congress and just a few weeks
later, a few neighborhoods away, having a horrible aviation tragedy in
your congressional district. That is what Representative Chris Lee
experienced just a week after taking office. He also turned a tragedy
into a personal commitment to pass the legislation which will pass
tonight. So I am grateful for his action, and for the men and women and
loved ones who, again, turned a tragedy into something that will
hopefully prevent tragedies and the heartbreak that they have had to
suffer.
I am disappointed that we are not passing an FAA bill. I had the
honor to chair the Aviation Subcommittee back in 2001 through some very
difficult times. Our previous authorization bill expired. On May 15, we
introduced legislation, in 2003. We had it on the President's desk,
signed, by December 12, 2003, the same year. That bill that I wrote
then was only a 4-year authorization, it expired September of 2007. And
here we are, the end of July, and we have not passed a reauthorization
for 3 years. All of Federal policy dealing with all the aviation issues
has not passed. All the projects we must authorize have not passed. All
of the eligibility for Federal assistance to our aviation system has
not passed. And we have picked out of this legislation tonight that
airline commuter safety bill. It is sort of a sad state of affairs.
But again, I pledge to work with folks. We need to pass the rest of
the legislation to ensure safety, to ensure that the United States
maintains its position in the world not only for airline safety, but
technology, and maintains leadership in that important role, provides a
pathway for the future, jobs for the future, and safety for the future.
So again, I thank those that have made part of what we wanted
possible tonight.
I yield back the balance of my time.
Mr. COSTELLO. Madam Speaker, I yield myself 15 seconds just to
clarify a point in the Record.
Madam Speaker, the gentleman from Florida, the ranking member of the
full committee, is correct. But for the record, it wasn't that we
didn't pass the bill. This House of Representatives passed a bill in
2007, passed it again in 2009, and we have been attempting to get the
other body to work with us to pass a bill out that can be agreed upon.
Madam Speaker, I am pleased to yield 4 minutes to the gentlelady from
New York (Ms. Slaughter), who has been so very helpful to us in
crafting this legislation. She has worked with us very closely.
Ms. SLAUGHTER. Mr. Costello, I thank you so much for your kindness in
yielding. I thank you even more for your kindness and your persistence,
yours and Mr. Oberstar's, in bringing us to this moment this evening.
I want to thank Mr. Mica and my neighbor, Mr. Petri, for their caring
and work that they have done as well.
My heart is pretty full tonight because I have watched the families
over these 1\1/2\ years, watched them with pain etched on their faces
that will never go away. We talked a little while ago in my office
about the ceremonies of life, who would give you away at the wedding,
you miss your father at Christmas time, your mother, your child.
One of the saddest things in the world that happened here today, and
I want to call attention to it, was the Eckert family, Karen and Susan,
sisters of Beverly, who died in that plane crash. Beverly's husband had
died at the World Trade Center. She was somebody we knew very well. She
was here a lot, and we got to know her. And then her sisters took up
this banner to make sure that this would not happen to other people.
They have learned to live with their tragedy, but what they have been
doing all this time is working for us. They have made sure that none of
the rest of us will endure this kind of tragedy. I know how grateful I
am for them, but everybody in America owes them a debt of gratitude.
On that awful evening in February, with the runway in sight of that
airplane, we lost 50 people and we learned that the skies are not as
safe as we once thought. Since then, we have learned that regional
airline pilots don't require the same training as major carriers with
whom they share the skies.
No airline should have ever sent into Buffalo, New York in February
two pilots that didn't have the foggiest idea how to fly through ice.
We also found out that they were extraordinarily exhausted. They were
paid so little that they had to fly to Newark to get their plane and
they couldn't even afford a hotel room. One of them slept on the floor
of a FedEx plane that night to get to Newark. Others were sleeping in
chairs at the post.
{time} 2320
How terrible is this that these are the people who are exhausted,
underpaid, undertrained, and many of them with great failures on their
records that nobody ever knows about? How tragic for these families
that those were the people in charge of the plane that night.
Now, every person on that plane was extraordinarily precious. We love
and we miss every one of them. Also, the family who lived in the house
where the plane fell, they lost their father. I will tell you that on
that plane was one of the world's greatest anthropologists. On that
plane was one of the world's greatest musicians. Everybody on that
plane had particular talents and gifts and families that they loved. It
should never have happened to them. That's why getting to this night is
so important to all of us and to all of them--but we know now that
crash could have been prevented.
So there are the people I thanked before. In addition is our
Transportation Secretary, Mr. LaHood, to whom I want to say we really
can't thank you enough.
We all know that progress has been slower than we would have liked,
but Mr. Costello is absolutely right. We seem to pass bills over here
in a great flurry, working as hard as we can, and then they fall into
that black recess on the other side of the Capitol. Today, though, we
know we are at the finish line, and with the lessons that we have
learned from Flight 3407, we have another opportunity to try to get
this right. We must not rest until we get this right.
All of us want to say again to the families who are here, who have
been with us, who have exhibited extraordinary patience, who have come
at their own expense, who have suffered, that to get to know them and
their children has been astonishing. What they have learned from their
loss was to turn that into a gain for all of us. Thank you very much
for all of the work that you have done. We appreciate it.
I join them to say that I hope no family will ever be confronted with
the disaster that this was that could have been avoided.
Mr. PETRI. Madam Speaker, I yield such time as he may consume to the
gentleman from New York, Chris Lee.
Mr. LEE of New York. Madam Speaker, this has been a long time in
coming. We are here today due to a group of individuals, many of whom
are here tonight up in the gallery. It is truly amazing. They are the
ones who decided to turn their personal tragedies into a mission to
overhaul the way our airlines operate in this country and the way the
pilots are trained.
It was February 12, 2009, a day, I think, everyone will always
remember who is from western New York. Continental Connection Flight
3407 crashed into a home in Clarence Center, New York. This tragedy
claimed the lives of 50 people, including a friend of mine, an
expectant mother, many of whom who were constituents in my district,
and, as I'd mentioned, a number of whom I'd known personally.
[[Page H6426]]
Since the night of the tragedy, I am proud to say that I have made
many new friends as I see and peer up into the gallery this evening.
The faces of these family members have not only become familiar to me
but to many of the people who sit here on the floor tonight.
As a result of their never-ending commitment to ensuring a tragedy
like this will never, ever happen again, they have taken their grief
and have turned this tragedy into a significant push for meaningful
aviation safety reforms that are before us today and which will be a
part of the future of the FAA extension. From requiring all pilots to
have at least 1,500 flight hours of experience to addressing issues
with pilot fatigue and training, these reforms will ensure that no air
carrier will ever cut corners. When this law takes effect, each and
every person who boards a commercial aircraft in this country will know
that there is an experienced, well-trained and prepared pilot in every
cockpit. It should never have to have been otherwise.
With no doubt, we are here today because of the hard work of these
families and also because of the dedication of many of my colleagues:
my good friend, Congressman Brian Higgins; Congresswoman Slaughter;
Ranking Members Mica and Petri; and of course, Chairmen Oberstar and
Costello, who took this forward. This has been very near and dear to
me, and I appreciate your efforts and what you have done. This has been
a long haul. Again, it is truly appreciated. To the staffs of all who
have worked tirelessly over the last 17 months, I think they also
deserve credit in addition to the families, for all of this, at the end
of the day, is going to mean meaningful aviation safety that will
benefit all Americans.
It has been nearly 17 months since the crash, and we are finally at a
point where 1.8 million Americans each and every day who board a
craft--and more than 400,000 of whom are on regional carriers--will be
assured one level of aviation safety.
Lastly, our actions today truly validate the families' efforts in
coming out to honor their loved ones. I just want to name a few. Kevin
Kuwik, Karen Eckert, Susan Bourque, Scott Maurer, John Kausner, and
many other family members--way too many to offer here--all have played
an incredible role in getting done what we've gotten done tonight.
There were days I didn't think we'd get there, but it gives you hope
when you see how both sides have come together to really push through
this legislation. They have really turned the tears of sadness into
tears of joy. So I am very pleased to be here. These men and women have
worked so hard to get to this point. It makes me proud to be a western
New Yorker. I really don't think anybody else--any group of families--
could have done what this group has done tonight.
With that, I am just pleased that all Americans will benefit from the
hard work that these families have done for this country.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. Remarks in debate may not call attention to
occupants in the gallery.
Mr. COSTELLO. Madam Speaker, might I inquire as to how much time we
have remaining on both sides?
The SPEAKER pro tempore. The gentleman from Illinois has 11\1/4\
minutes remaining. The gentleman from Wisconsin has 9 minutes
remaining.
Mr. COSTELLO. Madam Speaker, at this time, I yield 2 minutes to my
friend, the gentleman who testified before the subcommittee, who met
with us many times to help put this legislation together, the gentleman
from New York (Mr. Higgins).
Mr. HIGGINS. Thank you, Mr. Chairman.
Madam Speaker, I am pleased to join my colleagues in support of this
legislation tonight.
I also want to thank Chairman Jim Oberstar, whose commitment to
safety across the various modes of transportation is unchallenged.
I want to thank Chairman Costello, Ranking Members Mica and Petri for
their leadership.
I want to thank my western New York colleagues, Chris Lee and Louise
Slaughter, for joining me and all of us in this effort.
I want to thank Representatives Jerry Nadler, Tim Bishop, Mike
Arcuri, and Mike McMahon. All are from New York, and all of them serve
on the Transportation Committee.
As has been mentioned tonight, we are really here for one reason--
that is a group that has become known as the ``families of 3407.'' It
is an incredible and courageous group of people. To them, we extend our
appreciation, our respect, and our admiration. We know all too well the
passage of time will never fully heal the tragedy of their deep
personal losses nor will these flight safety provisions, which will be
approved at this late hour.
We are here tonight because of these families, families who
persevered, who carried themselves over the past 18 months in a most
dignified manner. Befitting the cause that they dedicated themselves to
and for the people they loved, they became friends with one another.
They worked through Congress with both perseverance and persistence but
also with patience, and they were guided in their work by the light
that still shines from those they loved and lost.
With that, Madam Speaker, I urge my colleagues to support this
legislation.
Mr. PETRI. Madam Speaker, I yield myself such time as I may consume.
In May 2009, the House passed H.R. 915, the FAA Reauthorization Act
of 2009. Four months ago, the Senate passed its own FAA reauthorization
bill, which the House took up, amended, passed, and sent back to the
Senate.
{time} 2330
Since that time, staff from both Chambers have been in informal
discussions to reconcile the two versions of the bill and bring a
negotiated FAA reauthorization to the floor.
While these discussions have led to tentative agreements on nearly
all of the provisions, a few controversial issues have stalled progress
on a final agreement. Therefore, with the FAA's authorities set to
expire on Sunday, we, again, find it necessary to extend those
authorities.
Like the 14 earlier extensions, H.R. 5900 would extend the taxes,
programs and funding of the FAA, this time through September 30, 2010.
This bill will ensure that our National Airspace System continues to
operate, and that the FAA continues to fund important airport projects
while Congress completes action on a final reauthorization bill.
I remain very disappointed that a few issues in the reauthorization
package are holding up final agreement and delaying important safety
improvements. That's why I support the inclusion of the bipartisan and
bicameral airline safety and pilot training provisions in this clean
FAA extension bill.
The airline safety and pilot training provisions are in response to
the terrible loss of life resulting from the crash of Colgan Flight
3407 in February of 2009.
Among other improvements, these provisions strengthen pilot screening
and training standards, increase flight hour minimums, and require the
FAA to conduct a comprehensive study on pilot fatigue.
The FAA is also directed to create a consolidated database of pilot
records, and all air carriers will be required to access this database
and pre-screen pilot candidates before making hiring decisions.
The families of Continental Flight 3407 must be recognized for their
tireless efforts to see this legislation pass. I'm very grateful for
their work and their dedication over the past 17 months since that
terrible crash.
I want to thank Representative Chris Lee, Representative Louise
Slaughter, and Representative Brian Higgins for their work in getting
these safety provisions enacted.
And I'd also like to thank Chairman Oberstar and Ranking Member Mica,
as well as my chairman, Jerry Costello.
The airline safety and pilot training provisions were drafted in an
open, bipartisan fashion. And we all agree that adding these safety
provisions to this extension is the right thing to do, both in memory
of those who lost their lives on Flight 3407, and in honor of their
families and friends who have dedicated themselves to seeing that the
aviation safety improvements are made the law of the land.
[[Page H6427]]
Finally, I want to recognize Ryan Boyce and his hard work and service
on the Aviation Subcommittee. Ryan is headed off to law school, and I
want to wish him all the best.
I'd urge my colleagues to support H.R. 5900.
I yield back the balance of my time.
Mr. COSTELLO. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Ohio (Mr. Boccieri), a valued member of our Subcommittee
on Aviation, who is a pilot. His expertise and experience was
invaluable in putting this legislation together.
Mr. BOCCIERI. Madam Speaker, Chairman Costello, Chairman Oberstar,
and Ranking Members Petri and Mica, we thank you for your leadership on
this important issue, and including this legislation in this moving
bill through the House of Representatives.
There's an adage that we often say in aviation, that you train like
you fly, and you fly as you train. And aviators know that the practice
that we do prepares us for situations where we find ourselves in
compromised circumstances. And we know that the training that we do
prepares us for those emergencies.
But you could take the most experienced air crew, with thousands of
hours, hundreds of thousands of hours, put them in an air frame, and if
they're not trained in the safety equipment of that aircraft, they will
not know how to recover.
And while this accident in February was completely tragic, I'm sad to
say that it was completely avoidable if we would have only taken the
leadership as we are doing today.
When I reviewed the NTSB's reports, and I found that those pilots
were not trained in the safety equipment on their aircraft, I was
aghast. I was aghast that the Q400 check pilots that were interviewed,
their demonstration or instruction of the aircraft pusher system is not
part of the training syllabus for initial or recurrent training on the
Q400. These pilots and this airline were cutting corners, and now we're
paying the price for this. And those families who died are experiencing
the grief and tragedy that was completely avoidable.
Madam Speaker, in the 1970s the NTSB had been telling the FAA to
include stall recovery upset training as a part of curriculum for new
pilots. Since the 1970s.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. COSTELLO. Madam Speaker, I yield an additional minute to the
gentleman.
Mr. BOCCIERI. In 1994 they warned that stall recognition and the
recovery techniques are to be included as stick shaker and stick pusher
during training. But yet this airline did not include it.
In section 208 of this bill, we will change that, and we will make
sure that pilots are having simulator training, and that they're going
to recognize and avoid stalls of aircrafts and recover from stalls as
part of their simulator training.
For over 30 years we've been telling the FAA to do this, to make this
a part of their curriculum; and nothing has happened. Now Congress has
acted to ensure that this tragedy will be avoidable in the future.
I thank the chairman and this committee for its leadership, and for
the families, for their unrelenting push to make sure that we hold, not
only those who are training pilots, but those who are operating our
equipment and flying our loved ones around this continent and others to
be as safe as they can. We owe it to them, and this Congress is going
to act today on this.
I thank you for your leadership.
Mr. COSTELLO. Madam Speaker, I yield 6 minutes to the gentleman from
Minnesota (Mr. Oberstar), the distinguished chairman of the full
committee, who is recognized as one who knows more about aviation and
transportation than anyone in this Congress.
Mr. OBERSTAR. Thank you, Mr. Chairman, for yielding the time.
But more than that, thank you for persistent, vigorous and insightful
and creative leadership you've given to the entire reauthorization of
FAA, but especially to this particular safety issue. You've given your
heart, your soul, your time, your energy; and we're now at a point of
making an extraordinary difference in the history of aviation safety.
Our Constitution has a unique provision, unlike that in any other
constitution I'm aware of. It prescribes the right of the citizens to
petition their government for redress of grievances.
The families of the victims of the Colgan Continental express flight
that crashed February 12 of last year have exercised that right with
vigor, with persistence, with highmindedness. They know, as the
families of all the victims of transportation tragedies, that they
can't bring back the lives of those they loved, but they can do
something to make sure it won't happen again to others.
I've seen the tears in their eyes that reflect the pain in their
hearts. I've experienced their determination never to give up.
I've also stood at the site of the grim tragedy of the Mesaba
Airlines commuter crash, only 6 miles from my home in Chisholm,
Minnesota; the flight path toward the Chisholm Hibbing Airport in
December 1993, where 19 people lost their lives because that aircraft
didn't have a ground proximity warning system.
{time} 2340
It wasn't required for commuter airlines, because there was a
mismatch between pilot and copilot, because there was an inadequacy of
training on the one hand and a mismatch of personalities and of skills
and of abilities to manage aircraft under unusual circumstances.
I vowed to the families we would make a difference, Congress would
act. And we were able to require the regional airlines to have ground
proximity warning systems, regardless of the cost to the airlines.
That's their problem. They can figure that out. And vowed to move to
have more equitable management in the flight deck of matching of pilots
and first officers. That was not as successful. Didn't have enough time
before, frankly, we lost the majority.
But I also stood with my colleagues on the Pan Am 103 Commission in
Lockerbie, Scotland, at the abyss, this trench that was carved in the
Earth where that 747 exploded that killed 271 people. And we vowed to
each other and to the families of Pan Am 103 to make a difference, to
make the airways safer. Our report of 64 recommendations we took in
this committee, which I chaired at the time, the Aviation Subcommittee,
which Mr. Costello now chairs, 63 of the 64 recommendations, translated
them into legislative language in the House and in the Senate, and
moved a bill through the House to make aviation safer. We didn't get
everything we asked for. We got 98 percent of it.
There was much more yet to be done, and more happened after the
tragedy of September 11, 2001. It should not require loss of life and
tragedy and pain in the hearts, pain in the lives of people to make
these changes for aviation safety and security.
The opening paragraphs of the FAA Act of 1958 says, ``Safety shall be
maintained at the highest possible level.'' Not the level the airlines
can afford. Not the level the airlines want. Not the level that the
airline executives choose to provide. The highest possible level. That
is where we go with this legislation.
This bill passed the House last year. We sent a separate safety bill
over to the other body when they didn't act. We have cajoled and
wheedled and tried and pushed and moved, but holds, and hot holds, and
threats of filibuster, and failure to break filibuster, and failure to
agree in the other body have held up the entire FAA authorization bill.
The Senate bill had no provision comparable to this safety provision
in their bill. The families of the victims, exercising their right to
petition the government, broke the logjam, broke the indifference and
the resistance in the other body. We are on the verge of a citizen
triumph in safety.
Let us all work earnestly to ensure this bill passes the other body,
goes to the President, is signed into law, and that never again
citizens have to petition to make things right for safety.
Madam Speaker, I rise in strong support of H.R. 5900, the ``Airline
Safety and Federal Aviation Administration Extension Act of 2010''.
[[Page H6428]]
This bill ensures that aviation programs, taxes, and Airport and
Airway Trust Fund expenditure authority will continue without
interruption pending completion of long-term Federal Aviation
Administration (FAA) reauthorization legislation. Because the long-term
bill will not be completed before the current authority for aviation
programs expires at the end of this week, H.R. 5900 is needed to extend
aviation programs, taxes, and expenditure authority for an additional
two months, through September 30, 2010.
The most recent long-term FAA reauthorization act, the Vision 100--
Century of Aviation Reauthorization Act (P.L. 108-176), expired on
September 30, 2007. Although the House passed an FAA reauthorization
bill during the 110th Congress, and again last year, the Senate failed
to act until March of this year. The FAA has, therefore, been operating
under a series of short-term extension acts, the most recent of which
expires on August 1, 2010.
Since passage of the Senate bill in March, we have been working
diligently to resolve the differences between the House and Senate
bills. To be frank, I had hoped that the House would pass a negotiated,
comprehensive, multi-year FAA reauthorization bill this week. We are
close to a final package with the Senate, with very few issues left on
the table. As it stands now, the negotiated bill would provide the
aviation sector with the stability of a multi-year authorization,
safety reforms, record-high capital investment levels, several
provisions that would accelerate the Next Generation Air Transportation
System effort, and a passenger bill of rights.
Unfortunately, the FAA reauthorization bill is hung up in the Senate,
primarily over a provision that would significantly increase the number
of long-distance flights at Washington National Airport. The Senate
provision was included in neither the House-passed nor Senate-passed
FAA bills, and it is strongly opposed by Members of Congress and
Senators who represent the Washington, D.C. metropolitan region
because, they argue, it would create a burden for Washington National
Airport by creating congestion at terminals and siphoning passengers
away from Washington Dulles International Airport. I also have concerns
that the provision, as written, would unduly benefit dominant incumbent
carrier, US Airways.
Madam Speaker, on the night of February 12, 2009, a Colgan Air flight
operating as Continental Connection Flight 3407 crashed in Buffalo, New
York, killing 50 people. The National Transportation Safety Board
(NTSB) investigation that followed rocked the airline industry, stunned
the American public, and identified the need to closely examine the
regulations governing pilot training and rest requirements, with a
particular focus on regional airlines.
In response to this tragedy, the Subcommittee on Aviation held a
series of hearings, receiving testimony from the FAA, the NTSB, the
Department of Transportation Inspector General, pilots' unions, airline
representatives, and the representatives of the Colgan 3407 Families.
With regard to the Colgan 3407 Families, they have been a driving
force behind aviation safety reform legislation. In the last 17 months
they have come to Washington, D.C., more than 30 times to push for
legislation. They have served the American public well. It is time to
let them go home now, to know that they have made a difference, to put
closure on this tragedy and to pick up the pieces of their lives.
Moreover, safety is our highest priority. Therefore, this extension act
includes the airline safety and pilot training provisions that we have
been able to negotiate with the Senate. These safety provisions will
dramatically upgrade the training and experience necessary to be an
airline pilot. Key features of this legislation include:
Requiring all airline pilots to hold an Airline Transport Pilot
certificate, which requires a minimum of 1,500 flight hours; the
current requirement is 250 flight hours.
Directing the FAA to update and implement new flight and duty time
rules for pilots within one year, to more adequately address the
results of scientific research in the field of fatigue.
Requiring FAA to ensure that pilots are trained on how to recover
from stalls and upsets and that airlines provide remedial training to
pilots who need it.
Establishing a pilot records database to provide airlines with fast,
electronic access to a pilot's comprehensive record.
Some have argued that these safety provisions are one of the
strongest selling points of a comprehensive FAA reauthorization
package, and that by moving these provisions separately we may put the
larger bill in jeopardy. We believe that moving these safety reforms
right now, as part of an extension act, is simply the right thing to
do. Moreover, we see no reason why Congress cannot return in September
and work through the very few remaining issues in a larger FAA bill. We
view these safety provisions as just a preview of a very strong
comprehensive aviation package that this Congress will deliver for the
American public in a matter of weeks.
I thank Chairman Levin of the Committee on Ways and Means for his
assistance in ensuring the continued operation of aviation and highway
programs. I also thank my Committee colleagues--Ranking Member Mica,
Subcommittee on Aviation Chairman Costello, and Ranking Member Petri--
for working with me on this critical legislation.
I strongly urge my colleagues to join me in supporting H.R. 5900.
Mr. COSTELLO. Madam Speaker, as I have said earlier, this is the
strongest aviation safety bill that we are about to pass in decades. I
urge my colleagues to support this legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Costello) that the House suspend the rules
and pass the bill, H.R. 5900.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________