Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Encyclopedia
The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century is a United States federal law seeking to improve airline
safety. It is popularly called "AIR 21," and is also known as Public Law 106-181.
, an Embraer EMB 120 Brasilia carrying 14 people, crashed as it was approaching Intercontinental Airport
in Houston, Texas
, killing all 14 people on board.
The National Transportation Safety Board
(NTSB) investigation revealed that bolts had been removed from the horizontal stabilizer during maintenance the night before the accident and, following a shift change, the screws were not replaced.
NTSB cited the failure of airline maintenance and inspection personnel to adhere to proper maintenance and quality assurance procedures. The failure of Federal Aviation Administration
(FAA) surveillance to detect and verify compliance with approved procedures was cited as a contributing factor.
Some months after, the same airline had a similar incident when a plane was forced to return to the airport after bolts had been removed from a wing panel. NTSB decried that even a fatal accident and an FAA NASIP inspection weren't enough to overcome what appears to have been corporate culture.
According to Meshkati (1997), the crash of Continental Express
Flight 2574 was the most dramatic turning point for “safety culture” in the United States.http://www.aviation.uiuc.edu/UnitsHFD/TechPdf/02-3.pdf As a member of the National Transportation Safety Board (NTSB) at that time, Dr. John Lauber suggested that the probable cause of this accident included “The failure of Continental Express management to establish a corporate culture which encouraged and enforced adherence to approved maintenance and quality assurance procedures” (NTSB/AAR-92/04, 1992, pg. 54, as cited in Meshkati, 1997). As a result of this and other similar aviation accidents, safety culture came to the forefront as the exclusive topic at the U.S. National Summit on Transportation Safety, hosted by the NTSB in 1997.
AIR 21 was known as H.R. 1000 in 106th Congress, second session. Rep. Bud Shuster
(R-Pa.) introduced it on 4 March 1999. It was enacted on 5 April 2000. Upon signing the bill into law, President Clinton stated:
Title V established civil penalties for individuals who interfere with or jeopardize the safety of a cabin crew or other passengers. This provision seeks to deter "air rage."
Section 507 modified the sanction for transporting hazardous materials by removing the requirement that the person have knowledge of the regulation related to the transportation of hazardous materials. However, it permits consideration of lack of knowledge in mitigation of the penalty. This requirement is at 49 U.S.C. 46312.
Section 401 of the bill prohibited a state or local government from preventing people associated with disaster counseling services who are not licensed in that state from providing those services for up to 60 days after an aviation accident. Section 402 of the bill would expand a current preemption of state liability laws by limiting the liability of air carriers that provide information concerning flight reservations to the families of passengers involved in airline accidents. Air carriers are already provided immunity from state liability laws for providing passenger lists under these circumstances. Because neither mandate would require state or local governments to expend funds or to change their laws, CBO estimates that any costs associated with these mandates would be insignificant.
In Section 725, the act required the Federal Aviation Administration
to contract with the National Academy of Sciences
for an independent study of the air quality in passenger cabins.
Section 221 made it an unfair or deceptive practice for any air carrier, or ticket agent utilizing electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date. It did so by amending 49 U.S.C. 41712(b).
Section 224 required airlines to file individual customer service plans with the Secretary of Transportation.
Title IV made the Death on the High Seas Act (DOHSA) inapplicable to aviation incidents, thereby broadening the circumstances under which relatives can seek compensation for the death of a family member in an aviation incident over the ocean.
AIR 21 also includes a legislative advance for air travelers with disabilities.
estimated that AIR 21 would result in additional outlays totaling about $56 billion over the 2000-2004 period.http://thomas.loc.gov/cgi-bin/cpquery/1?&sid=cp106G5jeT&hd_count=2&xform_type=3&refer=&r_n=hr167p2.106&db_id=106&item=1&sel=TOC_0&
Title I authorized the appropriation of $47.6 billion for FAA operations, facilities, and equipment for fiscal years 2000 through 2004. Title I also provided $19.2 billion in contract authority for the FAA's airport improvement program for fiscal years 2000 through 2004. It provided an additional $7.1 billion in contract authority for the airport improvement program (AIP) over the 2000-2004 period (above the $2.4 billion a year assumed in the baseline). It allowed airports to charge higher passenger facility fees.
AIR 21 took the Airport and Airway Trust Fund
(AATF) off-budget and exempted AATF spending from the discretionary spending caps, pay-as-you-go procedures, and Congressional budget controls.http://thomas.loc.gov/cgi-bin/cpquery/1?&sid=cp106G5jeT&hd_count=2&xform_type=3&refer=&r_n=hr167p2.106&db_id=106&item=1&sel=TOC_0&
This provision was a goal of the Aircraft Owners and Pilots Association which sought to unlock the aviation trust fund.
Title VII extended the war risk insurance program and prohibited the FAA from charging fees for certain services. This title provided that, of the amounts appropriated for FAA operations in fiscal year 2000, $2 million may be used to eliminate a backlog of equal employment opportunity
complaints at the Department of Transportation (DOT).
protection for employees of air carriers who notify authorities that their employer is violating a federal law relating to air carrier safety. The bill set up a complaint and investigation process within the Department of Labor (DOL). The time limit for employees to make such complaints in writing to the Occupational Safety and Health Administration
is 90 days from the date of each adverse employment action.http://www.workplacefairness.org/air21
to release the names, addresses, and ratings held by nearly all pilots with a medical certificate. This includes the release of information to private businesses, including those not necessarily having any relation to aviation safety (the intent of the bill). The FAA must notify airmen of this clause via mail and notify them that they have 60 days to opt out of the inclusion of their personal information into the public record. If no action is taken within 60 days, then an opt-in is assumed.
Airline
An airline provides air transport services for traveling passengers and freight. Airlines lease or own their aircraft with which to supply these services and may form partnerships or alliances with other airlines for mutual benefit...
safety. It is popularly called "AIR 21," and is also known as Public Law 106-181.
Enactment
On 11 September 1991, Continental Express Flight 2574Continental Express Flight 2574
Continental Express Flight 2574 was a scheduled domestic passenger airline flight operated by Britt Airways from Laredo International Airport in Laredo, Texas to Bush Intercontinental Airport in Houston, Texas. On September 11, 1991, the Embraer EMB 120 Brasilia, registered , crashed as it was...
, an Embraer EMB 120 Brasilia carrying 14 people, crashed as it was approaching Intercontinental Airport
George Bush Intercontinental Airport
George Bush Intercontinental Airport, is a Class B international airport in Houston, Texas, serving the Houston–Sugar Land–Baytown metropolitan area, the sixth-largest metropolitan area in the United States. Located north of Downtown Houston between Interstate 45 and U.S. Highway 59...
in Houston, Texas
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
, killing all 14 people on board.
The National Transportation Safety Board
National Transportation Safety Board
The National Transportation Safety Board is an independent U.S. government investigative agency responsible for civil transportation accident investigation. In this role, the NTSB investigates and reports on aviation accidents and incidents, certain types of highway crashes, ship and marine...
(NTSB) investigation revealed that bolts had been removed from the horizontal stabilizer during maintenance the night before the accident and, following a shift change, the screws were not replaced.
NTSB cited the failure of airline maintenance and inspection personnel to adhere to proper maintenance and quality assurance procedures. The failure of Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
(FAA) surveillance to detect and verify compliance with approved procedures was cited as a contributing factor.
Some months after, the same airline had a similar incident when a plane was forced to return to the airport after bolts had been removed from a wing panel. NTSB decried that even a fatal accident and an FAA NASIP inspection weren't enough to overcome what appears to have been corporate culture.
According to Meshkati (1997), the crash of Continental Express
Continental Express
Continental Express is the operating brand name used by a number of independently owned regional airlines providing regional jet feeder service under agreement with Continental Airlines...
Flight 2574 was the most dramatic turning point for “safety culture” in the United States.http://www.aviation.uiuc.edu/UnitsHFD/TechPdf/02-3.pdf As a member of the National Transportation Safety Board (NTSB) at that time, Dr. John Lauber suggested that the probable cause of this accident included “The failure of Continental Express management to establish a corporate culture which encouraged and enforced adherence to approved maintenance and quality assurance procedures” (NTSB/AAR-92/04, 1992, pg. 54, as cited in Meshkati, 1997). As a result of this and other similar aviation accidents, safety culture came to the forefront as the exclusive topic at the U.S. National Summit on Transportation Safety, hosted by the NTSB in 1997.
AIR 21 was known as H.R. 1000 in 106th Congress, second session. Rep. Bud Shuster
Bud Shuster
Elmer Greinert "Bud" Shuster is an American politician who represented Pennsylvania in the United States House of Representatives as a Republican from 1973 to 2001. He is best known for his advocacy of transportation projects that critics deride as "pork barrel" spending.-Career:Shuster was born...
(R-Pa.) introduced it on 4 March 1999. It was enacted on 5 April 2000. Upon signing the bill into law, President Clinton stated:
This bill contains many new provisions to advance aviation safety. Of particular note is the inclusion of the "Aircraft Safety Act of 1999," which my Administration proposed to help stop the indefensible practice of manufacturing, distributing, and installing fraudulently represented, nonconforming aircraft parts. Several significant provisions to provide "whistleblower" protections to the Federal Aviation Administration (FAA) and air industry employees, to close a potential loophole in the prosecution of hazardous materials cases, and to combat "air rage" incidents in flight, will also address real safety concerns we face today.http://findarticles.com/p/articles/mi_m2889/is_14_36/ai_62298765
Safety provisions
AIR 21 set requirements for safety equipment for specific aircraft, added consumer and employee protection provisions, and imposed new requirements for commercial air tour operations over national parks.Title V established civil penalties for individuals who interfere with or jeopardize the safety of a cabin crew or other passengers. This provision seeks to deter "air rage."
Section 507 modified the sanction for transporting hazardous materials by removing the requirement that the person have knowledge of the regulation related to the transportation of hazardous materials. However, it permits consideration of lack of knowledge in mitigation of the penalty. This requirement is at 49 U.S.C. 46312.
Section 401 of the bill prohibited a state or local government from preventing people associated with disaster counseling services who are not licensed in that state from providing those services for up to 60 days after an aviation accident. Section 402 of the bill would expand a current preemption of state liability laws by limiting the liability of air carriers that provide information concerning flight reservations to the families of passengers involved in airline accidents. Air carriers are already provided immunity from state liability laws for providing passenger lists under these circumstances. Because neither mandate would require state or local governments to expend funds or to change their laws, CBO estimates that any costs associated with these mandates would be insignificant.
In Section 725, the act required the Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
to contract with the National Academy of Sciences
United States National Academy of Sciences
The National Academy of Sciences is a corporation in the United States whose members serve pro bono as "advisers to the nation on science, engineering, and medicine." As a national academy, new members of the organization are elected annually by current members, based on their distinguished and...
for an independent study of the air quality in passenger cabins.
Consumer protections
Title II sought to improve consumer access in all regions of the United States, including those in small communities and rural and remote areas, to affordable, regularly scheduled air service.Section 221 made it an unfair or deceptive practice for any air carrier, or ticket agent utilizing electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date. It did so by amending 49 U.S.C. 41712(b).
Section 224 required airlines to file individual customer service plans with the Secretary of Transportation.
Title IV made the Death on the High Seas Act (DOHSA) inapplicable to aviation incidents, thereby broadening the circumstances under which relatives can seek compensation for the death of a family member in an aviation incident over the ocean.
AIR 21 also includes a legislative advance for air travelers with disabilities.
Financial provisions
The Congressional Budget OfficeCongressional Budget Office
The Congressional Budget Office is a federal agency within the legislative branch of the United States government that provides economic data to Congress....
estimated that AIR 21 would result in additional outlays totaling about $56 billion over the 2000-2004 period.http://thomas.loc.gov/cgi-bin/cpquery/1?&sid=cp106G5jeT&hd_count=2&xform_type=3&refer=&r_n=hr167p2.106&db_id=106&item=1&sel=TOC_0&
Title I authorized the appropriation of $47.6 billion for FAA operations, facilities, and equipment for fiscal years 2000 through 2004. Title I also provided $19.2 billion in contract authority for the FAA's airport improvement program for fiscal years 2000 through 2004. It provided an additional $7.1 billion in contract authority for the airport improvement program (AIP) over the 2000-2004 period (above the $2.4 billion a year assumed in the baseline). It allowed airports to charge higher passenger facility fees.
AIR 21 took the Airport and Airway Trust Fund
Airport and Airway Trust Fund
The Airport and Airway Trust Fund provides funding for the federal commitment to the aviation system of the United States of America through several aviation-related excise taxes. It was established on the books of the United States Department of the Treasury in 1971...
(AATF) off-budget and exempted AATF spending from the discretionary spending caps, pay-as-you-go procedures, and Congressional budget controls.http://thomas.loc.gov/cgi-bin/cpquery/1?&sid=cp106G5jeT&hd_count=2&xform_type=3&refer=&r_n=hr167p2.106&db_id=106&item=1&sel=TOC_0&
This provision was a goal of the Aircraft Owners and Pilots Association which sought to unlock the aviation trust fund.
Title VII extended the war risk insurance program and prohibited the FAA from charging fees for certain services. This title provided that, of the amounts appropriated for FAA operations in fiscal year 2000, $2 million may be used to eliminate a backlog of equal employment opportunity
Equal Opportunity Employment
Title VII of the Civil Rights Act of 1964 was the first federal law designed to protect most U.S. employees from employment discrimination based upon that employee's race, color, religion, sex, or national origin . The Title also established the U.S...
complaints at the Department of Transportation (DOT).
Employee protections
Title VI provided whistleblowerWhistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
protection for employees of air carriers who notify authorities that their employer is violating a federal law relating to air carrier safety. The bill set up a complaint and investigation process within the Department of Labor (DOL). The time limit for employees to make such complaints in writing to the Occupational Safety and Health Administration
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
is 90 days from the date of each adverse employment action.http://www.workplacefairness.org/air21
Public Availability of Airmen Records
Section 715, "Public Availability of Airmen Records", allows the Federal Aviation AdministrationFederal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
to release the names, addresses, and ratings held by nearly all pilots with a medical certificate. This includes the release of information to private businesses, including those not necessarily having any relation to aviation safety (the intent of the bill). The FAA must notify airmen of this clause via mail and notify them that they have 60 days to opt out of the inclusion of their personal information into the public record. If no action is taken within 60 days, then an opt-in is assumed.
See also
- Aircraft Owners and Pilots AssociationAircraft Owners and Pilots AssociationThe Aircraft Owners and Pilots Association is a Frederick, Maryland-based non-profit political organization. Incorporated on 15 May 1939, AOPA's membership consists mainly of general aviation pilots in the United States...
- WhistleblowerWhistleblowerA whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
- Airport and Airway Trust FundAirport and Airway Trust FundThe Airport and Airway Trust Fund provides funding for the federal commitment to the aviation system of the United States of America through several aviation-related excise taxes. It was established on the books of the United States Department of the Treasury in 1971...
External links
- Employee protection from OSHA
- Full text from Thomas
- Legislative history from Thomas
- Congressional Record references
- NAS page on cabin air quality requirement
- Public Employees for Environmental Responsibility (PEER)
- Government Accountability Project
- National Whistleblower Center
- Workplace Fairness FAQ for airline safety whistleblowers
- Tate & Renner article on whistleblowers under US federal law
- Whistleblower Employee Protection Website
- U.S. Department of Labor Whistleblower Program & information