[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[House]
[Pages 14715-14726]
[From the U.S. 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--
       (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

[[Page 14716]]

     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 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.--

[[Page 14717]]

       ``(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.--
       ``(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

[[Page 14718]]

     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.
       (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--

[[Page 14719]]

       (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.
       (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

[[Page 14720]]

     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--
       (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.

[[Page 14721]]




                             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 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,

[[Page 14722]]

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.
  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.
  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

[[Page 14723]]

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.
  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

[[Page 14724]]

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''.
  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

[[Page 14725]]

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. POMEROY. Madam Speaker, I rise today to express my concerns with 
certain provisions of H.R. 5900, the Airline Safety and FAA Extension 
Act.
  While I strongly support the goals of the airline safety portions of 
the bill, I continue to have concerns regarding the practical effect of 
the provision requiring a minimum of 1,500 hours of training for an 
airline transport pilot certificate. As we work to improve the safety 
of airline service it is important that new training requirements have 
their desired effect of improving safety while avoiding any unintended 
consequences that may decrease the number of skilled pilots.
  Specifically it is my concern that students looking to get their 
pilots license could be forced by financial considerations to attend 
pilot training programs with an emphasis of meeting the flight hour 
requirements inexpensively by flying straight and level courses without 
mastering important safety skills.
  I support provisions that specify that certain academic training 
courses can be credited towards the total number of flight hours 
required by this Act. I believe that this language should be further 
improved through the normal legislative process to ensure that high-
quality outcome orientated training programs are given more credit 
towards this requirement than other programs.
  While I will be voting in favor of this legislation in order to 
ensure that funding for Federal Aviation Administration, FAA programs 
that support aviation operations in North Dakota do not lapse, I 
believe it is important that new safety requirements are appropriately 
constructed to recognize the tremendous benefits that our nation's 
accredited flight schools provide.
  Mr. HOLT. Madam Speaker, I rise today in support of H.R. 5900, the 
Airline Safety and Federal Aviation Administration Extension Act.
  Today we have the opportunity to make good on the promise we made to 
the Families of Flight 3407 when we passed the Airline Safety and Pilot 
Training Improvement Act in October of last year. Our promise that 
Congress would act to correct the lack of oversight and safety 
standards that contributed to the crash of Continental Flight 3407 in 
Buffalo, NY in February of 2009, taking the lives of 50 people.
  Three residents of New Jersey's 12th Congressional district were on 
this flight; Lorin Maurer, Ron Gonzales and Coleman Mellett. I have 
spoken with and heard from their families and friends, and my thoughts 
and prayers go out to them as they cope with the loss of these 
outstanding individuals. Lorin was a rising star at Princeton 
University whose positive attitude and volunteerism served as a shining 
example for the community. Ron was a tireless advocate for his 
community and he worked hard to save children who were in crisis due to 
domestic violence, drugs, gangs, and other social ills. And Coleman was 
a talented musician. Their passing was a huge loss to our community. I 
have been vigilant in working to ensure that we address the serious 
safety concerns that led to the crash.
  A series of National Transportation Safety Board (NTSB) hearings 
exposed the disturbing fact that the crash of Flight 3407 was 
preventable. The pilots had received inadequate training on how to 
recover from a stall and how to proceed in icing conditions. Severe 
pilot fatigue also was identified as the cause of the crash. The NTSB 
found that regional carriers are held to lower safety standards than 
national carriers despite regional airlines' accounting for one-half of 
all scheduled flights in the United States. As a result, five of the 
last seven fatal commercial plane crashes involved regional carriers.
  As more Americans rely on commuter airlines for air service, the 
Federal Aviation Administration (FAA) must take aggressive action to 
ensure that there is no difference in the level of safety provided by 
different air carriers. The NTSB hearings also made clear that the FAA 
has failed to issue regulations based on previous NTSB recommendations 
to establish uniform standards for training and performance. We owe it 
to the families and friends of the victims of the Flight 3407 to take 
action to prevent such tragedies in the future.
  Last year I joined my colleagues from Upstate New York, Christopher 
Lee and Brian Higgins in introducing the One Level of Safety Act. Our 
legislation would require regional carriers to meet the same training 
and safety standards of national carriers.
  Additionally, it would require the FAA to implement the unfulfilled 
NTSB recommendations that were found to be responsible for this crash. 
I would like to thank Chairman Costello for including these important 
provisions in the Airline Safety & Federal Aviation Administration 
Extension Act, and I urge my colleagues to support it.
  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

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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.

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