HOUSE APPROVES AIRLINE/PILOT SAFETY BILL

PASS Successful in Obtaining Language Regarding Aviation Safety Inspectors

On October 14, the House approved the Airline Safety and Pilot Training Improvement Act of 2009 (H.R. 3371) by a vote of 409-11. The bipartisan bill aimed at bringing a single level of safety to air travel was in response to the February crash of Colgan Flight 3407 in Buffalo, N.Y. The main element of the legislation requires all pilots to hold an FAA Airline Transport Pilot (ATP) license and increases airline pilot licensing requirements for regional and mainline airline pilots.

"This bill ensures that pilots flying for regional and mainline air carriers are trained to the highest standards, and requires all airline pilots, including first officers, to hold an Airline Transport Pilot certificate, which requires pilots to have a minimum of 1,500 flight hours," said Rep. James Oberstar (D-Minn.), chair of the House Committee on Transportation and Infrastructure. Oberstar stated that the Buffalo accident "serves as a reminder that we must maintain constant vigilance over airline safety." Reps. Jerry Costello (D-Ill.), chair of the House Aviation Subcommittee, John Mica (R-Fla.), ranking member of the full committee, and Thomas Petri (R-Wis.), ranking member of the subcommittee, also came out in support of the legislation.

Of particular importance to PASS, the legislation includes a section requiring the Department of Transportation Inspector General (IG) to conduct a review of aviation safety inspectors and operational research analysts (ORAs) assigned to part 121 air carriers, including regional airlines, and submit to the FAA administrator results of the study. PASS has been lobbying for language regarding inspectors, ORAs and regional carriers since introduction of the bill in July. According to the legislation, the IG study should review the FAA's oversight of each part 121 air carrier and make recommendations to ensure that all carriers are receiving an equivalent level of oversight. Regarding inspector staffing, the study should assess the number and experience level of inspectors and the manner in which inspectors are being assigned to carriers. The IG should also evaluate the adequacy of the number of ORAs assigned to each carrier. ORAs are a group of Flight Standards employees who provide analysis of the different types of FAA databases available to inspectors.

Furthermore, the legislation directs the IG to review various safety inspector oversight programs, including the geographic inspector program; evaluate surveillance responsibilities of inspectors, including enroute inspections; examine inspectors? use of multiple FAA data sources such as the Air Transportation Oversight System (ATOS); and determine whether the multiple data sources can be streamlined into one source. Not later than 90 days after receiving results of the study, the FAA must submit to the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science and Transportation a report specifying any recommendations the agency intends to adopt and implement or the reasons the FAA does not intend to adopt policy change recommendations made by the IG.

In addition to the major changes to licensing requirements and pilot training and requiring the IG study into inspectors and ORAs, the legislation requires the FAA to establish comprehensive pre-employment screening of prospective pilots, creates a Pilots Record Database to provide airlines with quick access to a pilot?s record, requires airlines to establish pilot mentoring programs, and directs the FAA to update and implement  new pilot flight and duty time rule and fatigue risk management plans.

"At the heart of H.R. 3371 is the need to ensure that our commercial pilots are well-trained and have the necessary experience to handle all situations they may encounter," said Costello. "This is the strongest aviation safety bill considered since the creation of the FAA in 1958."

SENATE CONDUCTS HEARING ON DOMESTIC PARTNER BENEFITS

Legislation Gaining Momentum Among Lawmakers and Administration

On October 16, the Senate Homeland Security and Government Affairs Committee held a hearing to discuss the Domestic Partnership Benefits and Obligations Act of 2009. The legislation (S. 1102), which was introduced in May by Sen. Joe Lieberman (I-Conn.), chair of the Committee on Homeland Security and Government Affairs, would enable a federal employee and his or her same-sex domestic partner to be entitled to benefits currently available to married federal employees and their spouses.

During the hearing, the Office of Personnel and Management (OPM) testified that extending such coverage would equate to roughly 0.2 percent of the total annual cost of the Federal Employee Health Benefits Program (FEHBP). The legislation would extend federal health insurance and enhanced dental and vision benefits, retirement and disability benefits, family, medical, and emergency leave, group life insurance, long-term care insurance, compensation for work injuries, and benefits for disability, death, or captivity to the same-sex domestic partner of a federal employee but excludes military employees. The legislation would also require federal employees to file an affidavit of eligibility certifying domestic partnership status and require a statement upon dissolution of the partnership.

"As a nation and an employer, we must hold ourselves to the highest standards of equality," said Sen. Daniel Akaka, chair of the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia and cosponsor of the legislation. "Providing federal employees with domestic partner benefits will not only bring us closer to equality under the law, it simply makes sound business sense. A large number of private and public employers, including Hawaii, already provide domestic partner benefits."

Earlier this year, President Obama issued a presidential memorandum directing federal agencies to provide long-term care benefits and family and parental leave to same-sex partners of federal employees. Additionally, he required that all agencies provide an agency-by-agency review of any policy that adversely impacts gay and lesbian federal employees. "Extending equal benefits to the same-sex partners of federal employees is the right thing to do," said Obama. "It is also sound economic policy. Many top employers in the private sector already offer benefits to the same-sex partners of their employees; those companies recognize that offering partner benefits helps them compete for and retain the brightest and most talented employees. The federal government is at a disadvantage on that score right now, and change is long overdue."

The Senate Committee on Homeland Security and Governmental Affairs is expected to mark up S. 1102 in November and bring it to the floor for a vote in December. Identical legislation (H.R. 2517) was introduced in the House by Rep. Tammy Baldwin (D-Wis.). The House Committee on Oversight and Government Reform, Subcommittee on Federal Workforce passed its bill on July 30 and is now awaiting full committee action.