H.R. 5900 (111th): Airline Safety and Federal Aviation Administration Extension Act of 2010

Introduced:
Jul 28, 2010 (111th Congress, 2009–2010)
Sponsor:
Rep. James Oberstar [D-MN8]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-216.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


8/1/2010--Public Law. (This measure has not been amended since it was introduced. The expanded summary of House passed version is repeated here.) Airline Safety and Federal Aviation Administration Extension Act of 2010 -
Title I - Airport and Airway Extension
Section 101 -
Amends the Internal Revenue Code to extend through September 30, 2010: (1) excise taxes on aviation fuels and air transportation of persons and property (ticket taxes); and (2) the expenditure authority for the Airport and Airway Trust Fund.
Section 103 -
Extends through September 30, 2010, project grant authority for the airport improvement program (AIP).
Section 104 -
Extends through September 30, 2010, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) the temporary increase to 95% in the government share of certain AIP project costs; and (4) the funding of Midway Island airport development. Extends through September 30, 2010: (1) state and local land use compatibility projects under the AIP program; (2) certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants; (3) the authority of the Metropolitan Washington Airport Authority to apply for an airport development grant and impose a passenger facility fee; and (4) Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers, allowing further extension through December 31, 2010. Extends through December 31, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism.
Section 105 -
Extends through FY2010 the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development.
Title II - Airline Safety and Pilot Training Improvement
Section 202 -
Requires the Secretary of Transportation (DOT) to report annually to Congress and the National Transportation Safety Board (NTSB) on NTSB air carrier safety recommendations made to and adopted or refused by the Secretary.
Section 203 -
Directs the FAA Administrator to establish an electronic pilot records database of pertinent information in FAA, air carrier, and other records (including the National Driver Register) that an air carrier shall access and evaluate before allowing an individual to begin service as a pilot. Prescribes requirements for: (1) records updating; (2) pilot access to records, and the right to review and correct inaccuracies found in them; (3) protection of, and electronic access to, records; and (4) air carrier refusal to hire if the pilot does not give consent to an air carrier to receive a record or execute a release from liability the carrier requests. Authorizes expenditures for FY2010-FY2013.
Section 204 -
Requires the FAA Administrator to establish the FAA Task Force on Air Carrier Safety and Pilot Training to evaluate, make recommendations, and report to Congress on best practices in the air carrier industry.
Section 205 -
Requires the DOT Inspector General to review and report to the FAA Administrator on FAA aviation safety inspectors and operational research analysts.
Section 206 -
Directs the FAA Administrator to convene an aviation rulemaking committee to develop procedures to require commercial air carriers to: (1) establish flight crewmember mentoring programs; (2) develop methods for ensuring that flight crewmembers have proper qualifications and experience; (3) establish or modify training programs for newly employed flight crewmembers and 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 (4) ensure that recurrent training for pilots in command includes leadership and command training.
Section 207 -
Directs the FAA Administrator to study and report to Congress on aviation industry best practices with regard to flight crewmember pairing, crew resource management techniques, and pilot commuting.
Section 208 -
Directs the FAA Administrator to conduct a rulemaking proceeding to require air carriers to: (1) provide flight crewmembers with ground training and flight training or flight simulator training to recognize, avoid, or recover from a stall or an upset of an aircraft; and (2) establish remedial training programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment. Requires the FAA Administrator to: (1) convene a multidisciplinary panel of specialists to study and report on methods to increase the familiarity of flight crewmembers with stick pusher systems, icing conditions, and microburst and windshear weather events; and (2) report panel findings to specified congressional committees and the NTSB, as well as implement panel recommendations with respect to stick pusher systems.
Section 209 -
Requires the FAA Administrator to: (1) issue a specified final rule regarding flight crewmembers and aircraft dispatchers training programs; and (2) convene a multidisciplinary expert panel to assess and make recommendations on best methods and optimal time needed for flight crewmembers of commercial and of commuter or on-demand air carriers to master aircraft systems and certain air maneuvers, as well as on optimal length of time between training events.
Section 210 -
Treats as an unfair or deceptive trade practice for any ticket agent, air carrier, foreign air carrier, or other person to sell tickets for a flight on an air carrier without disclosing, before the purchase of the ticket, the name of the air carrier providing each flight segment.
Section 211 -
Requires the FAA Administrator to perform, at least annually, random onsite inspections of commercial air carriers to ensure their compliance with FAA safety standards
Section 212 -
Requires the FAA Administrator to issue regulations to limit the number of flight and duty time hours allowed for pilots to address pilot fatigue. Requires each commercial air carrier to submit to the FAA Administrator for review and approval a fatigue risk management plan, which shall be updated and approved biennially. Prescribes civil penalties for violations of such regulations. Requires the FAA Administrator to enter into appropriate arrangements with the National Academy of Sciences to study the effects of commuting on pilot fatigue.
Section 213 -
Requires the FAA Administrator to report to Congress on voluntary safety programs, namely the aviation safety action (ASAP), flight operational quality assurance (FOQA), and advanced qualification programs, as well as the line operations safety audit.
Section 214 -
Directs the FAA Administrator to develop, and submit to Congress, a plan to facilitate the establishment of an ASAP and a FOQA program by all commercial air carriers.
Section 215 -
Directs the FAA Administrator to conduct a rulemaking proceeding to require commercial air carriers to: (1) implement a safety management system; and (2) develop methods for ensuring that flight crewmembers have proper qualifications and experience.
Section 217 -
Directs the FAA Administrator to conduct a rulemaking proceeding to modify minimum federal requirements for the issuance of airline transport pilot certificates. Requires a pilot to have at least 1,500 flight hours to qualify for a certificate.
Authorizes the Administrator to allow specific academic training courses, beyond the minimum required, to be credited toward total flight hours, if allowing a pilot to take such courses will enhance safety more than requiring full compliance with the flight hours requirement.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/111/2/hr5900.

Background

The last Federal Aviation Administration (FAA) authorization expired on September 30, 2007.  Since that time, the FAA has been re-authorized through a series of short-term extensions.  The most recent, P.L.111-197, runs through August 1, 2010.

There was no committee action in either Ways and Means or the Transportation and Infrastructure Committees.

Summary

H.R. 5900 would extend through September 30, 2010, authorities of the Federal Aviation Administration (FAA).  The bill extends the ability of the FAA to collect fuel and ticket taxes, as well as establishing new airline safety and pilot training requirements.

 

Airport and Airway Extension:

 

The bill extends through September 30, 2010, the authorities granted to the FAA, including the collection of fuel and ticket taxes that fund the Airport and Airway Trust Fund.  In addition, the bill extends the FAA’s authority to make project grants for an additional two months, through September 30:

 

  • $9,350,028,000 for FAA operations;
  • $2,936,203,000 for air navigation facilities and equipment;
  • $190,500,000 for research, engineering and development.

 

Airline Safety and Pilot Training Improvement:

 

Pilot Record Database:

 

The bill requires the FAA to initiate the creation of a pilot records database within 90 days of the measures enactment.  The database would enable airlines seeking to hire a prospective pilot immediate, electronic access to a pilots flying record. 

 

The bill requires the FAA to maintain a records database only for hiring purposes.  Information in the database should include the pilot’s license, medical certificates, aircraft ratings, check rides, notices of disapproval, other flight proficiency tests, and state motor vehicle driving records.  The FAA would issue regulations to protect and secure the personal privacy of any individual, and would require airlines to seek written consent from such individual before accessing the records.

 

The bill authorized $6 million for FY2010 through FY2013 to establish, and carry out the databases.

 

FAA Task Force on Air Carrier Safety and Pilot Training:

 

The bill requires the Administrator of the FAA to establish a special task force to be known as the FAA Task Force on Air Carrier Safety and Pilot Training.  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 crew member education and training.

 

 

 

Aviation Safety Inspectors and Operational Research Analysis:

 

No later than 9 months after the date of enactment of this act, the Inspector General of the Department of Transportation shall conduct a review of the aviation safety inspectors and operational research analysts of the FAA, and submit to the Administrator of the FAA a report on the results of the review.

 

Flight Crewmember Mentoring, Professional Development, and Leadership:

 

The Administrator of the FAA shall convene an aviation rulemaking committee to develop procedures for establishing flight crewmember mentoring programs for newly employed flight crewmembers, establish flight crewmember professional development committees, establish training programs to accommodate different levels of flight experience, and leadership and command training.

 

Implementation of NTSB Flight Crewmember Training Recommendation:

 

The bill directs the Department of Transportation to provide Congress with an annual report on each NTSB recommendation pertaining to commercial airlines.  The report would detail the action contemplated in response to each recommendation. 

 

FAA Rulemaking on Training Programs:

 

No later than 14 months after the date of this enactment of this act, the Administrator of the FAA shall issue a final rule with respect to the notice of proposed rulemaking published in the Federal Register on January 12, 2009. In addition, no 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

 

Disclosure of Air Carriers Operating Flights for Tickets Sold for Air Transportation:

 

It shall be deemed as unfair or deceptive practice 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, prior to the purchase of a ticket.

 

Safety Inspections of Regional Air Carriers:

 

The Administrator of the FAA shall perform, not less frequently than once each year, random, onsite inspections of air carriers that provide air transportation pursuant to a contract to ensure that air carriers are complying with applicable safety standards of the Administration.

 

Pilot Fatigue:

 

The Administrator of the FAA 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. 

 

Voluntary Safety Programs:

 

The bill requires the FAA to issue a report, no later than 180 days after the enactment of this act, on voluntary safety programs, including the aviation safety action program, the flight operational quality assurance, the line operations safety audit, and the advanced qualification program.  The report would include a list of the air carriers using the program, the benefits and challenges of implementing the program, how the FAA is utilizing the data, and any FAA plans to strengthen the program.

 

 

ASAP and FOQA Implementation Plan:

 

The bill requires the FAA to submit a plan within 180 days of enactment of this act, to facilitate the establishment and implementation of aviation safety action programs and flight operation quality assurance programs by all commercial air carriers and their unions.

 

Safety Management Systems:

 

The Administrator of the FAA shall conduct a rulemaking to require a safety management system.  In conducting the rulemaking, the administrator shall consider an aviation safety action program, a flight operational quality assurance program, a line operations safety audit, and an advanced qualification program.

 

Flight Crewmember Screening and Qualifications:

 

The FAA shall develop and implement means and methods for ensuring that flight crewmembers have proper qualifications and experience.  The measure requires that prospective flight crewmembers undergo comprehensive pre-employment screening, including the assessment of 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.

 

Airline Transport Pilot Certification:

 

The FAA shall modify the requirements for the issuance of an airline transport pilot certificate to include, sufficient hours (at least 1,500), received flight training, academic training, or operational experience that will prepare a pilot function effectively in multiple flying environments.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 117 Stat. 2518