H.R. 3824 (112th): Airline First Responder Workplace Fairness Act

HR 3824 IH

To ensure that the Federal Aviation Administration addresses fatigue issues of flight attendants.

January 25, 2012

Ms. HIRONO introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To ensure that the Federal Aviation Administration addresses fatigue issues of flight attendants.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Airline First Responder Workplace Fairness Act’.

SEC. 2. FINDINGS.

(a) Findings- Congress finds the following:

(1) Flight attendants serve as first responders responsible for the safety and well-being of passengers on an aircraft.

(2) The responsibilities of flight attendants as first responders have grown since the terrorist attacks of September 11, 2001.

(3) Since 2009, the Department of Labor has classified flight attendants as ‘Essential Transportation Workers’ along with pilots and air traffic controllers.

(4) Impaired performance induced by fatigue may compromise safety in commercial aviation.

(5) The Federal Aviation Administration has issued a Notice of Proposed Rule Making to address pilot fatigue in recognition of safety concerns induced by fatigue.

(6) The Federal Aviation Administration is working to address fatigue issues for air traffic controllers through a Fatigue Risk Management System Work Group.

(7) Fatigue among flight attendants is a pervasive concern that needs to be addressed further by the Federal Aviation Administration.

SEC. 3. ESTABLISHMENT OF AVIATION RULEMAKING COMMITTEE.

(a) Aviation Rulemaking Committee- Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a flight attendant duty time limitations and rest requirements Aviation Rulemaking Committee to address flight attendant duty time limitations and rest requirements.

(b) Composition of Aviation Rulemaking Committee- The Aviation Rulemaking Committee established by this section shall be comprised of aviation safety subject matter experts, aviation labor representatives, and aviation industry stakeholders.

(c) Purpose of Aviation Rulemaking Committee- Not later than 1 year after the date of enactment of this Act, the Aviation Rulemaking Committee shall--

(1) consider existing research, including the findings in the reports of Civil Aerospace Medical Institute studies on flight attendant fatigue; and

(2) develop and submit recommendations for the Administrator to be included in a final rule to minimize flight attendant fatigue.

(d) Rulemaking- The Administrator shall issue regulations to minimize flight attendant fatigue based on the published recommendations of the Aviation Rulemaking Committee.

SEC. 4. DEADLINES.

After the receipt of the recommendations of the Aviation Rulemaking Committee convened under section 3, the Administrator shall issue--

(1) not later than 1 year after such receipt, a notice of proposed rulemaking; and

(2) not later than 18 months after the receipt, a final rule.

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