Pub. L. 116-260, div. V, tit. I, sec. 119 (as amended)
DOMESTIC AND INTERNATIONAL PILOT TRAINING.
SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING.
(a) In General.—Chapter 447 of title 49, United States Code, as amended by section 107, is further amended by adding at the end the following:
“SEC. 44743. [49 U.S.C. 44743] Pilot training requirements
“(a) In General.—
“(1) Administrator’s determination.—In establishing any pilot training requirements with respect to a new transport airplane, the Administrator of the Federal Aviation Administration shall independently review any proposal by the manufacturer of such airplane with respect to the scope, format, or minimum level of training required for operation of such airplane.
“(2) Assurances and marketing representations.—Before the Administrator has established applicable training requirements, an applicant for a new or amended type certificate for an airplane described in paragraph (1) may not, with respect to the scope, format, or magnitude of pilot training for such airplane—
“(A) make any assurance or other contractual commitment, whether verbal or in writing, to a potential purchaser of such airplane unless a clear and conspicuous disclaimer (as defined by the Administrator) is included regarding the status of training required for operation of such airplane; or
“(B) provide financial incentives (including rebates) to a potential purchaser of such airplane regarding the scope, format, or magnitude of pilot training for such airplane.
“(b) Pilot Response Time.—Beginning on the day after the date on which regulations are issued under section 119(c)(6) of the Aircraft Certification, Safety, and Accountability Act, the
Administrator may not issue a new or amended type certificate for an airplane described in subsection (a) unless the applicant for such certificate has demonstrated to the Administrator that the applicant has accounted for realistic assumptions regarding the time for pilot responses to non-normal conditions in designing the systems and instrumentation of such airplane. Such assumptions shall—
“(1) be based on test data, analysis, or other technical validation methods; and
“(2) account for generally accepted scientific consensus among experts in human factors regarding realistic pilot response time.
“(c) Definition.—In this section, the term ‘transport airplane’ means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane.”
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(b) [49 U.S.C. 44701] Conforming Amendment.—The analysis for chapter 447 of title 49, United States Code, is further amended by adding at the end the following:
“44743. Pilot training requirements.”
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(c) [49 U.S.C. 44704 note] Expert Safety Review.—
(1) In general.—Not later than 30 days after the date of enactment of this title, the Administrator shall initiate an expert safety review of assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and certification of such aircraft.
(2) Contents.—The expert safety review required under paragraph (1) shall include—
(A) a review of Administration regulations, guidance, and directives related to pilot response assumptions relied upon by the FAA and manufacturers of transport category aircraft in the design and certification of such aircraft, and human factors and human system integration, particularly those related to pilot and aircraft interfaces;
(B) a focused review of the assumptions relied on regarding the time for pilot responses to non-normal conditions in designing such aircraft’s systems and instrumentation, including responses to safety-significant failure conditions and failure scenarios that trigger multiple, and possibly conflicting, warnings and alerts;
(C) a review of human factors assumptions with applicable operational data, human factors research and the input of human factors experts and FAA operational data, and as appropriate, recommendations for modifications to existing assumptions;
(D) a review of revisions made to the airman certification standards for certificates over the last 4 years, including any possible effects on pilot competency in basic manual flying skills;
(E) consideration of the global nature of the aviation marketplace, varying levels of pilot competency, and differences in pilot training programs worldwide;
(F) a process for aviation stakeholders, including pilots, airlines, inspectors, engineers, test pilots, human factors
experts, and other aviation safety experts, to provide and discuss any observations, feedback, and best practices;
(G) a review of processes currently in place to ensure that when carrying out the certification of a new aircraft type, or an amended type, the cumulative effects that new technologies, and the interaction between new technologies and unchanged systems for an amended type certificate, may have on pilot interactions with aircraft systems are properly assessed through system safety assessments or otherwise; and
(H) a review of processes currently in place to account for any necessary adjustments to system safety assessments, pilot procedures and training requirements, or design requirements when there are changes to the assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and certification of such aircraft.
(3) Report and recommendations.—Not later than 30 days after the conclusion of the expert safety review pursuant to paragraph (1), the Administrator shall submit to the congressional committees of jurisdiction a report on the results of the review, including any recommendations for actions or best practices to ensure the FAA and the manufacturers of transport category aircraft have accounted for pilot response assumptions to be relied upon in the design and certification of transport category aircraft and tools or methods identified to better integrate human factors throughout the process for such certification.
(4) International engagement.—The Administrator shall notify other international regulators that certify transport category aircraft type designs of the expert panel report and encourage them to review the report and evaluate their regulations and processes in light of the recommendations included in the report.
(5) Termination.—The expert safety review shall end upon submission of the report required pursuant to paragraph (3).
(6) Regulations.—The Administrator shall issue or update such regulations as are necessary to implement the recommendations of the expert safety review that the Administrator determines are necessary to improve aviation safety.
(d) Call to Action on Airman Certification Standards.—
(1) In general.—Not later than 60 days after the date of enactment of this title, the Administrator shall initiate a call to action safety review of pilot certification standards in order to bring stakeholders together to share lessons learned, best practices, and implement actions to address any safety issues identified.
(2) Contents.—The call to action safety review required under paragraph (1) shall include—
(A) a review of Administration regulations, guidance, and directives related to the pilot certification standards, including the oversight of those processes;
(B) a review of revisions made to the pilot certification standards for certificates over the last 5 years, including any possible effects on pilot competency in manual flying skills and effectively managing automation to improve safety; and
(C) a process for aviation stakeholders, including aviation students, instructors, designated pilot examiners, pilots, airlines, labor, and aviation safety experts, to provide and discuss any observations, feedback, and best practices.
(3) Report and recommendations.—Not later than 90 days after the conclusion of the call to action safety review pursuant to paragraph (1), the Administrator shall submit to the congressional committees of jurisdiction a report on the results of the review, any recommendations for actions or best practices to ensure pilot competency in basic manual flying skills and in effective management of automation, and actions the Administrator will take in response to the recommendations.
(e) [49 U.S.C. 40104 note] International Pilot Training.—
(1) In general.—The Secretary of Transportation, the Administrator, and other appropriate officials of the Government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for—
(A) monitoring and managing the behavior and performance of automated systems;
(B) controlling the flightpath of aircraft without autoflight systems engaged;
(C) effectively utilizing and managing autoflight systems, when appropriate;
(D) effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate; and
(E) recognizing and responding appropriately to non-normal conditions.
(2) International leadership.—The Secretary, the Administrator, and other appropriate officials of the Government shall exercise leadership under paragraph (1) by working with—
(A) foreign counterparts of the Administrator in the ICAO and its subsidiary organizations;
(B) other international organizations and fora; and
(C) the private sector.
(3) Considerations.—In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the Government shall consider—
(A) the latest information relating to human factors;
(B) aircraft manufacturing trends, including those relating to increased automation in the cockpit;
(C) the extent to which cockpit automation improves aviation safety and introduces novel risks;
(D) the availability of opportunities for pilots to practice manual flying skills;
(E) the need for consistency in maintaining and enhancing manual flying skills worldwide;
(F) recommended practices of other countries that enhance manual flying skills and automation management; and
(G) whether a need exists for initial and recurrent training standards for improve pilots’ proficiency in manual flight and in effective management of autoflight systems.
(4) Congressional briefing.—The Secretary, the Administrator, and other appropriate officials of the Government shall
provide to the congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this subsection.
(f) International Aviation Safety.—Section 40104(b) of title 49, United States Code, is amended—
(1) by striking “The Administrator shall” and inserting the following:
“(1) In general.—The Administrator shall”
; and
(2) by adding at the end the following:
“(2) Bilateral and multilateral engagement; technical assistance.—The Administrator shall—
“(A) in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Aviation Organization, on an ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through—
“(i) sharing of continued operational safety information;
“(ii) prioritization of pilot training deficiencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further bolstering the components of airmanship;
“(iii) encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations pertaining to flight crew training requirements; and
“(iv) prioritizing any other flight crew training areas that the Administrator believes will enhance all international aviation safety; and
“(B) seek to expand technical assistance provided by the Federal Aviation Administration in support of enhancing international aviation safety, including by—
“(i) promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis;
“(ii) promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities;
“(iii) minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem;
“(iv) supporting the sharing of safety information, best practices, risk assessments, and mitigations through established international aviation safety groups; and
“(v) providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to enhance international aviation safety.”
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(3) Authorization of appropriations.—There is authorized to be appropriated to the Administrator, $2,000,000 for each of fiscal years 2021 through 2028, to carry out section 40104(b)(2) of title 49, United States Code (as added by paragraph (2)).
(g) Assistance to Foreign Aviation Authorities.—
(1) In general.—Section 40113(e)(1) of title 49, United States Code, is amended by inserting “The Administrator may
also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship.” after the first sentence.
(2) Authorization of appropriations.—Section 40113(e) of title 49, United States Code, is amended by adding at the end the following:
“(5) Authorization of appropriations.—There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.”
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(h) Sense of Congress Regarding International Pilot Training Standards.—
(1) Findings.—Congress makes the following findings:
(A) Increased reliance on automation in commercial aviation risks a degradation of pilot skills in flight path management using manual flight control.
(B) Manual flight skills are essential for pilot confidence and competence.
(C) During the 40th Assembly of ICAO, the United States, Canada, Peru, and Trinidad and Tobago presented a working paper titled, “Pilot Training Improvements to Address Automation Dependency”.
(D) The working paper outlines recommendations for the Assembly to mitigate the consequences of automation dependency, including identifying competency requirements for flight path management using manual flight control and assessing the need for new or amended international standards or guidance.
(2) Sense of congress.—It is the sense of Congress that, as soon as practicable—
(A) the recommendations included in the working paper titled “Pilot Training Improvements to Address Automation Dependency” offered by the United States at the 40th Assembly of ICAO should be made a priority by the Assembly; and
(B) the United States should work with ICAO and other international aviation safety groups, further bolstering the components of airmanship.
- Cross-references to the US Code
- 49 U.S.C. 4474349 U.S.C. 4470149 U.S.C. 44704 note49 U.S.C. 40104 note