79–006 

111TH CONGRESS REPT. 111–119 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

FAA REAUTHORIZATION ACT OF 2009 

MAY 19, 2009.—Ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 915] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 915) to amend title 49, United States 

Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2009 through 2012, to improve aviation 

safety and capacity, to provide stable funding for the national aviation system, and for other purposes, having considered the same, 

report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘FAA Reauthorization Act of 

2009’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to title 49, United States Code. 

Sec. 3. Effective date. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

Sec. 101. Airport planning and development and noise compatibility planning and programs. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. FAA operations. 

Sec. 104. Research, engineering, and development. 

Sec. 105. Funding for aviation programs. 


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Subtitle B—Passenger Facility Charges 

Sec. 111. PFC authority. 

Sec. 112. PFC eligibility for bicycle storage. 

Sec. 113. Award of architectural and engineering contracts for airside projects. 

Sec. 114. Intermodal ground access project pilot program. 

Sec. 115. Impacts on airports of accommodating connecting passengers. 

Subtitle C—Fees for FAA Services 

Sec. 121. Update on overflights. 

Sec. 122. Registration fees. 

Subtitle D—AIP Modifications 

Sec. 131. Amendments to AIP definitions. 

Sec. 132. Solid waste recycling plans. 

Sec. 133. Amendments to grant assurances. 

Sec. 134. Government share of project costs. 

Sec. 135. Amendments to allowable costs. 

Sec. 136. Uniform certification training for airport concessions under disadvantaged business enterprise program. 

Sec. 137. Preference for small business concerns owned and controlled by disabled veterans. 

Sec. 138. Minority and disadvantaged business participation. 

Sec. 139. Calculation of State apportionment fund. 

Sec. 140. Reducing apportionments. 

Sec. 141. Minimum amount for discretionary fund. 

Sec. 142. Marshall Islands, Micronesia, and Palau. 

Sec. 143. Use of apportioned amounts. 

Sec. 144. Sale of private airport to public sponsor. 

Sec. 145. Airport privatization pilot program. 

Sec. 146. Airport security program. 

Sec. 147. Sunset of pilot program for purchase of airport development rights. 

Sec. 148. Extension of grant authority for compatible land use planning and projects by State and local governments. 

Sec. 149. Repeal of limitations on Metropolitan Washington Airports Authority. 

Sec. 150. Midway Island Airport. 

Sec. 151. Puerto Rico minimum guarantee. 

Sec. 152. Miscellaneous amendments. 

Sec. 153. Airport Master Plans. 

TITLE II—NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL 

MODERNIZATION 

Sec. 201. Mission statement; sense of Congress. 

Sec. 202. Next Generation Air Transportation System Joint Planning and Development Office. 

Sec. 203. Next Generation Air Transportation Senior Policy Committee. 

Sec. 204. Automatic dependent surveillance-broadcast services. 

Sec. 205. Inclusion of stakeholders in air traffic control modernization projects. 

Sec. 206. GAO review of challenges associated with transforming to the Next Generation Air Transportation 

System. 

Sec. 207. GAO review of Next Generation Air Transportation System acquisition and procedures development. 

Sec. 208. DOT inspector general review of operational and approach procedures by a third party. 

Sec. 209. Expert review of enterprise architecture for Next Generation Air Transportation System. 

Sec. 210. NextGen technology testbed. 

Sec. 211. Clarification of authority to enter into reimbursable agreements. 

Sec. 212. Definition of air navigation facility. 

Sec. 213. Improved management of property inventory. 

Sec. 214. Clarification to acquisition reform authority. 

Sec. 215. Assistance to foreign aviation authorities. 

Sec. 216. Front line manager staffing. 

Sec. 217. Flight service stations. 

Sec. 218. NextGen Research and Development Center of Excellence. 

Sec. 219. Airspace redesign. 

TITLE III—SAFETY 

Subtitle A—General Provisions 

Sec. 301. Judicial review of denial of airman certificates. 

Sec. 302. Release of data relating to abandoned type certificates and supplemental type certificates. 

Sec. 303. Inspection of foreign repair stations. 

Sec. 304. Runway safety. 

Sec. 305. Improved pilot licenses. 

Sec. 306. Flight crew fatigue. 

Sec. 307. Occupational safety and health standards for flight attendants on board aircraft. 

Sec. 308. Aircraft surveillance in mountainous areas. 

Sec. 309. Off-airport, low-altitude aircraft weather observation technology. 

Sec. 310. Noncertificated maintenance providers. 

Sec. 311. Aircraft rescue and firefighting standards. 

Subtitle B—Unmanned Aircraft Systems 

Sec. 321. Commercial unmanned aircraft systems integration plan. 

Sec. 322. Special rules for certain unmanned aircraft systems. 

Sec. 323. Public unmanned aircraft systems. 

Sec. 324. Definitions. 

Subtitle C—Safety and Protections 

Sec. 331. Aviation safety whistleblower investigation office. 

Sec. 332. Modification of customer service initiative. 

Sec. 333. Post-employment restrictions for flight standards inspectors. 

Sec. 334. Assignment of principal supervisory inspectors. 


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Sec. 335. Headquarters review of air transportation oversight system database. 

Sec. 336. Improved voluntary disclosure reporting system. 

TITLE IV—AIR SERVICE IMPROVEMENTS 

Sec. 401. Monthly air carrier reports. 

Sec. 402. Flight operations at Reagan National Airport. 

Sec. 403. EAS contract guidelines. 

Sec. 404. Essential air service reform. 

Sec. 405. Small community air service. 

Sec. 406. Air passenger service improvements. 

Sec. 407. Contents of competition plans. 

Sec. 408. Extension of competitive access reports. 

Sec. 409. Contract tower program. 

Sec. 410. Airfares for members of the Armed Forces. 

Sec. 411. Repeal of essential air service local participation program. 

Sec. 412. Adjustment to subsidy cap to reflect increased fuel costs. 

Sec. 413. Notice to communities prior to termination of eligibility for subsidized essential air service. 

Sec. 414. Restoration of eligibility to a place determined by the Secretary to be ineligible for subsidized essential air service. 

Sec. 415. Office of Rural Aviation. 

Sec. 416. Adjustments to compensation for significantly increased costs. 

Sec. 417. Review of air carrier flight delays, cancellations, and associated causes. 

Sec. 418. European Union rules for passenger rights. 

Sec. 419. Establishment of advisory committee for aviation consumer protection. 

Sec. 420. Denied boarding compensation. 

Sec. 421. Compensation for delayed baggage. 

Sec. 422. Schedule reduction. 

Sec. 423. Expansion of DOT airline consumer complaint investigations. 

Sec. 424. Prohibitions against voice communications using mobile communications devices on scheduled flights. 

Sec. 425. Antitrust exemptions. 

TITLE V—ENVIRONMENTAL STEWARDSHIP AND STREAMLINING 

Sec. 501. Amendments to air tour management program. 

Sec. 502. State block grant program. 

Sec. 503. Airport funding of special studies or reviews. 

Sec. 504. Grant eligibility for assessment of flight procedures. 

Sec. 505. CLEEN research, development, and implementation partnership. 

Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 

noise levels. 

Sec. 507. Environmental mitigation pilot program. 

Sec. 508. Aircraft departure queue management pilot program. 

Sec. 509. High performance and sustainable air traffic control facilities. 

Sec. 510. Regulatory responsibility for aircraft engine noise and emissions standards. 

Sec. 511. Continuation of air quality sampling. 

Sec. 512. Sense of Congress. 

Sec. 513. Airport noise compatibility planning study, Port Authority of New York and New Jersey. 

Sec. 514. GAO study on compliance with FAA record of decision. 

TITLE VI—FAA EMPLOYEES AND ORGANIZATION 

Sec. 601. Federal Aviation Administration personnel management system. 

Sec. 602. MSPB remedial authority for FAA employees. 

Sec. 603. FAA technical training and staffing. 

Sec. 604. Designee program. 

Sec. 605. Staffing model for aviation safety inspectors. 

Sec. 606. Safety critical staffing. 

Sec. 607. FAA air traffic controller staffing. 

Sec. 608. Assessment of training programs for air traffic controllers. 

Sec. 609. Collegiate training initiative study. 

Sec. 610. FAA Task Force on Air Traffic Control Facility Conditions. 

TITLE VII—AVIATION INSURANCE 

Sec. 701. General authority. 

Sec. 702. Extension of authority to limit third party liability of air carriers arising out of acts of terrorism. 

Sec. 703. Clarification of reinsurance authority. 

Sec. 704. Use of independent claims adjusters. 

Sec. 705. Extension of program authority. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Air carrier citizenship. 

Sec. 802. Disclosure of data to Federal agencies in interest of national security. 

Sec. 803. FAA access to criminal history records and database systems. 

Sec. 804. Clarification of air carrier fee disputes. 

Sec. 805. Study on national plan of integrated airport systems. 

Sec. 806. Express carrier employee protection. 

Sec. 807. Consolidation and realignment of FAA facilities. 

Sec. 808. Accidental death and dismemberment insurance for National Transportation Safety Board employees. 

Sec. 809. GAO study on cooperation of airline industry in international child abduction cases. 

Sec. 810. Lost Nation Airport, Ohio. 

Sec. 811. Pollock Municipal Airport, Louisiana. 

Sec. 812. Human intervention and motivation study program. 

Sec. 813. Washington, DC, Air Defense Identification Zone. 

Sec. 814. Merrill Field Airport, Anchorage, Alaska. 

Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, Houston, Texas. 

Sec. 816. Duty periods and flight time limitations applicable to flight crewmembers. 

Sec. 817. Pilot program for redevelopment of airport properties. 

Sec. 818. Helicopter operations over Long Island and Staten Island, New York. 

Sec. 819. Cabin temperature standards study. 

Sec. 820. Civil penalties technical amendments. 

Sec. 821. Study and report on alleviating congestion. 


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Sec. 822. Airline personnel training enhancement. 

Sec. 823. Study on Feasibility of Development of a Public Internet Web-based Search Engine on Wind Turbine 

Installation Obstruction. 

Sec. 824. Wind turbine lighting. 

Sec. 825. Limiting access to flight decks of all-cargo aircraft. 

TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 

Sec. 901. Short title. 

Sec. 902. Definitions. 

Sec. 903. Interagency research initiative on the impact of aviation on the climate. 

Sec. 904. Research program on runways. 

Sec. 905. Research on design for certification. 

Sec. 906. Centers of excellence. 

Sec. 907. Airport cooperative research program. 

Sec. 908. Unmanned aircraft systems. 

Sec. 909. Research grants program involving undergraduate students. 

Sec. 910. Aviation gas research and development program. 

Sec. 911. Review of FAA’s Energy- and Environment-Related Research Programs. 

Sec. 912. Review of FAA’s aviation safety-related research programs. 

Sec. 913. Research program on alternative jet fuel technology for civil aircraft. 

Sec. 914. Center for excellence in aviation employment. 

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 

Except as otherwise expressly provided, whenever in this Act an amendment or 

repeal is expressed in terms of an amendment to, or a repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. 

SEC. 3. EFFECTIVE DATE. 

Except as otherwise expressly provided, this Act and the amendments made by 

this Act shall apply only to fiscal years beginning after September 30, 2008. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING 

AND PROGRAMS. 

(a) AUTHORIZATION.—Section 48103 is amended— 

(1) by striking ‘‘September 30, 2003’’ and inserting ‘‘September 30, 2008’’; and 

(2) by striking paragraphs (1) through (6) and inserting the following: 

‘‘(1) $3,900,000,000 for fiscal year 2009; 

‘‘(2) $4,000,000,000 for fiscal year 2010; 

‘‘(3) $4,100,000,000 for fiscal year 2011; and 

‘‘(4) $4,200,000,000 for fiscal year 2012.’’. 

(b) ALLOCATIONS OF FUNDS.—Section 48103 is amended— 

(1) by striking ‘‘The total amounts’’ and inserting ‘‘(a) AVAILABILITY OF

AMOUNTS.—The total amounts’’; and 

(2) by adding at the end the following: 

‘‘(b) AIRPORT COOPERATIVE RESEARCH PROGRAM.—Of the amounts made available 

under subsection (a), $15,000,000 for each of fiscal years 2009 through 2012 may 

be used for carrying out the Airport Cooperative Research Program. 

‘‘(c) AIRPORTS TECHNOLOGY RESEARCH.—Of the amounts made available under 

subsection (a), $19,348,000 for each of fiscal years 2009 through 2012 may be used 

for carrying out airports technology research.’’. 

(c) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended by striking ‘‘March 

31, 2009’’ and inserting ‘‘September 30, 2012’’. 

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48101(a) is amended by striking 

paragraphs (1) through (5) and inserting the following: 

‘‘(1) $3,246,000,000 for fiscal year 2009. 

‘‘(2) $3,259,000,000 for fiscal year 2010. 

‘‘(3) $3,353,000,000 for fiscal year 2011. 

‘‘(4) $3,506,000,000 for fiscal year 2012.’’. 

(b) USE OF FUNDS.—Section 48101 is amended by striking subsections (c) through 

(i) and inserting the following: 

‘‘(c) WAKE VORTEX MITIGATION.—Of amounts appropriated under subsection (a), 

such sums as may be necessary for each of fiscal years 2009 through 2012 may be 

used for the development and analysis of wake vortex mitigation, including advisory 

systems. 

‘‘(d) WEATHER HAZARDS.— 


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‘‘(1) IN GENERAL.—Of amounts appropriated under subsection (a), such sums 

as may be necessary for each of fiscal years 2009 through 2012 may be used 

for the development of in-flight and ground-based weather threat mitigation 

systems, including ground de-icing and anti-icing systems and other systems for 

predicting, detecting, and mitigating the effects of certain weather conditions on 

both airframes and engines. 

‘‘(2) SPECIFIC HAZARDS.—Weather conditions referred to in paragraph (1) include— 

‘‘(A) ground-based icing threats such as ice pellets and freezing drizzle; 

‘‘(B) oceanic weather, including convective weather, and other hazards associated with oceanic operations (where commercial traffic is high and only 

rudimentary satellite sensing is available) to reduce the hazards presented 

to commercial aviation, including convective weather ice crystal ingestion 

threats; and 

‘‘(C) en route turbulence prediction. 

‘‘(e) SAFETY MANAGEMENT SYSTEMS.—Of amounts appropriated under subsection 

(a) and section 106(k)(1), such sums as may be necessary for each of fiscal years 

2009 through 2012 may be used to advance the development and implementation 

of safety management systems. 

‘‘(f) RUNWAY INCURSION REDUCTION PROGRAMS.—Of amounts appropriated under 

subsection (a), $10,000,000 for fiscal year 2009, $12,000,000 for fiscal year 2010, 

$12,000,000 for fiscal year 2011, and $12,000,000 for fiscal year 2012 may be used 

for the development and implementation of runway incursion reduction programs. 

‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts appropriated under subsection (a), 

$50,000,000 for fiscal year 2009, $125,000,000 for fiscal year 2010, $100,000,000 for 

2011, and $50,000,000 for fiscal year 2012 may be used for the acquisition and installation of runway status lights. 

‘‘(h) NEXTGEN SYSTEMS DEVELOPMENT PROGRAMS.—Of amounts appropriated 

under subsection (a), $41,400,000 for fiscal year 2009, $102,900,000 for fiscal year 

2010, $104,000,000 for fiscal year 2011, and $105,300,000 for fiscal year 2012 may 

be used for systems development activities associated with NextGen. 

‘‘(i) NEXTGEN DEMONSTRATION PROGRAMS.—Of amounts appropriated under subsection (a), $28,000,000 for fiscal year 2009, $30,000,000 for fiscal year 2010, 

$30,000,000 for fiscal year 2011, and $30,000,000 for fiscal year 2012 may be used 

for demonstration activities associated with NextGen. 

‘‘(j) CENTER FOR ADVANCED AVIATION SYSTEM DEVELOPMENT.—Of amounts appropriated under subsection (a), $76,000,000 for fiscal year 2009, $79,000,000 for fiscal 

year 2010, $79,000,000 for fiscal year 2011, and $80,800,000 for fiscal year 2012 

may be used for the Center for Advanced Aviation System Development. 

‘‘(k) ADDITIONAL PROGRAMS.—Of amounts appropriated under subsection (a), 

$21,900,000 for fiscal year 2009, $22,500,000 for fiscal year 2010, $22,500,000 for 

fiscal year 2011, and $22,500,000 for fiscal year 2012 may be used for— 

‘‘(1) system capacity, planning, and improvement; 

‘‘(2) operations concept validation; 

‘‘(3) NAS weather requirements; and 

‘‘(4) Airspace Management Lab.’’. 

SEC. 103. FAA OPERATIONS. 

(a) IN GENERAL.—Section 106(k)(1) is amended by striking subparagraphs (A) 

through (E) and inserting the following: 

‘‘(A) $8,998,462,000 for fiscal year 2009; 

‘‘(B) $9,531,272,000 for fiscal year 2010; 

‘‘(C) $9,936,259,000 for fiscal year 2011; and 

‘‘(D) $10,350,155,000 for fiscal year 2012.’’. 

(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) is amended— 

(1) by striking subparagraph (A) and inserting the following: 

‘‘(A) Such sums as may be necessary for fiscal years 2009 through 2012 

to support development and maintenance of helicopter approach procedures, 

including certification and recertification of instrument flight rule, global 

positioning system, and point-in-space approaches to heliports necessary to 

support all weather, emergency services.’’; 

(2) by striking subparagraphs (B), (C), and (D); 

(3) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (B), 

(C), and (D), respectively; and 

(4) in subparagraphs (B), (C), and (D) (as so redesignated) by striking ‘‘2004 

through 2007’’ and inserting ‘‘2009 through 2012’’. 

(c) AIRLINE DATA AND ANALYSIS.—There is authorized to be appropriated to the 

Secretary of Transportation out of the Airport and Airway Trust Fund established 

by section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to fund airVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR119P1.XXX HR119P1

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line data collection and analysis by the Bureau of Transportation Statistics in the 

Research and Innovative Technology Administration of the Department of Transportation $6,000,000 for each of fiscal years 2009, 2010, 2011, and 2012. 

SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

Section 48102(a) is amended— 

(1) in paragraph (11)— 

(A) in subparagraph (K) by inserting ‘‘and’’ at the end; and 

(B) in subparagraph (L) by striking ‘‘and’’ at the end; 

(2) in paragraph (12)(L) by striking ‘‘and’’ at the end; and 

(3) by striking paragraph (13) and inserting the following: 

‘‘(13) for fiscal year 2009, $212,929,000, including— 

‘‘(A) $8,457,000 for fire research and safety; 

‘‘(B) $4,050,000 for propulsion and fuel systems; 

‘‘(C) $2,920,000 for advanced materials and structural safety; 

‘‘(D) $4,838,000 for atmospheric hazards and digital system safety; 

‘‘(E) $14,683,000 for aging aircraft; 

‘‘(F) $2,158,000 for aircraft catastrophic failure prevention research; 

‘‘(G) $11,000,000 for flightdeck maintenance, system integration, and 

human factors; 

‘‘(H) $12,488,000 for aviation safety risk analysis; 

‘‘(I) $15,323,000 for air traffic control, technical operations, and human 

factors; 

‘‘(J) $8,395,000 for aeromedical research; 

‘‘(K) $22,336,000 for weather program; 

‘‘(L) $6,738,000 for unmanned aircraft systems research; 

‘‘(M) $18,100,000 for the Next Generation Air Transportation System 

Joint Planning and Development Office; 

‘‘(N) $10,560,000 for wake turbulence; 

‘‘(O) $10,425,000 for NextGen—Air ground integration; 

‘‘(P) $8,025,000 for NextGen—Self separation; 

‘‘(Q) $8,049,000 for NextGen—Weather technology in the cockpit; 

‘‘(R) $22,939,000 for environment and energy; 

‘‘(S) $16,050,000 for NextGen—Environmental research—Aircraft technologies, fuels, and metrics; 

‘‘(T) $1,847,000 for system planning and resource management; and 

‘‘(U) $3,548,000 for the William J. Hughes Technical Center Laboratory 

Facility; 

‘‘(14) for fiscal year 2010, $214,587,000, including— 

‘‘(A) $8,546,000 for fire research and safety; 

‘‘(B) $4,075,000 for propulsion and fuel systems; 

‘‘(C) $2,965,000 for advanced materials and structural safety; 

‘‘(D) $4,921,000 for atmospheric hazards and digital system safety; 

‘‘(E) $14,688,000 for aging aircraft; 

‘‘(F) $2,153,000 for aircraft catastrophic failure prevention research; 

‘‘(G) $11,000,000 for flightdeck maintenance, system integration, and 

human factors; 

‘‘(H) $12,589,000 for aviation safety risk analysis; 

‘‘(I) $15,471,000 for air traffic control, technical operations, and human 

factors; 

‘‘(J) $8,699,000 for aeromedical research; 

‘‘(K) $23,286,000 for weather program; 

‘‘(L) $6,236,000 for unmanned aircraft systems research; 

‘‘(M) $18,100,000 for the Next Generation Air Transportation System 

Joint Planning and Development Office; 

‘‘(N) $10,412,000 for wake turbulence; 

‘‘(O) $10,400,000 for NextGen—Air ground integration; 

‘‘(P) $8,000,000 for NextGen—Self separation; 

‘‘(Q) $7,567,000 for NextGen—Weather technology in the cockpit; 

‘‘(R) $20,278,000 for environment and energy; 

‘‘(S) $19,700,000 for NextGen—Environmental research—Aircraft technologies, fuels, and metrics; 

‘‘(T) $1,827,000 for system planning and resource management; and 

‘‘(U) $3,674,000 for the William J. Hughes Technical Center Laboratory 

Facility; 

‘‘(15) for fiscal year 2011, $225,993,000, including— 

‘‘(A) $8,815,000 for fire research and safety; 

‘‘(B) $4,150,000 for propulsion and fuel systems; 

‘‘(C) $2,975,000 for advanced materials and structural safety; 


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‘‘(D) $4,949,000 for atmospheric hazards and digital system safety; 

‘‘(E) $14,903,000 for aging aircraft; 

‘‘(F) $2,181,000 for aircraft catastrophic failure prevention research; 

‘‘(G) $12,000,000 for flightdeck maintenance, system integration, and 

human factors; 

‘‘(H) $12,497,000 for aviation safety risk analysis; 

‘‘(I) $15,715,000 for air traffic control, technical operations, and human 

factors; 

‘‘(J) $8,976,000 for aeromedical research; 

‘‘(K) $23,638,000 for weather program; 

‘‘(L) $6,295,000 for unmanned aircraft systems research; 

‘‘(M) $18,100,000 for the Next Generation Air Transportation System 

Joint Planning and Development Office; 

‘‘(N) $10,471,000 for wake turbulence; 

‘‘(O) $10,600,000 for NextGen—Air ground integration; 

‘‘(P) $8,300,000 for NextGen—Self separation; 

‘‘(Q) $8,345,000 for NextGen—Weather technology in the cockpit; 

‘‘(R) $27,075,000 for environment and energy; 

‘‘(S) $20,368,000 for NextGen—Environmental research—Aircraft technologies, fuels, and metrics; 

‘‘(T) $1,836,000 for system planning and resource management; and 

‘‘(U) $3,804,000 for the William J. Hughes Technical Center Laboratory 

Facility; and 

‘‘(16) for fiscal year 2012, $244,860,000, including— 

‘‘(A) $8,957,000 for fire research and safety; 

‘‘(B) $4,201,000 for propulsion and fuel systems; 

‘‘(C) $2,986,000 for advanced materials and structural safety; 

‘‘(D) $4,979,000 for atmospheric hazards and digital system safety; 

‘‘(E) $15,013,000 for aging aircraft; 

‘‘(F) $2,192,000 for aircraft catastrophic failure prevention research; 

‘‘(G) $12,000,000 for flightdeck maintenance, system integration, and 

human factors; 

‘‘(H) $12,401,000 for aviation safety risk analysis; 

‘‘(I) $16,000,000 for air traffic control, technical operations, and human 

factors; 

‘‘(J) $9,267,000 for aeromedical research; 

‘‘(K) $23,800,000 for weather program; 

‘‘(L) $6,400,000 for unmanned aircraft systems research; 

‘‘(M) $18,100,000 for the Next Generation Air Transportation System 

Joint Planning and Development Office; 

‘‘(N) $10,471,000 for wake turbulence; 

‘‘(O) $10,800,000 for NextGen—Air ground integration; 

‘‘(P) $8,500,000 for NextGen—Self separation; 

‘‘(Q) $8,569,000 for NextGen—Weather technology in the cockpit; 

‘‘(R) $44,409,000 for environment and energy; 

‘‘(S) $20,034,000 for NextGen—Environmental research—Aircraft technologies, fuels, and metrics; 

‘‘(T) $1,840,000 for system planning and resource management; and 

‘‘(U) $3,941,000 for the William J. Hughes Technical Center Laboratory 

Facility.’’. 

SEC. 105. FUNDING FOR AVIATION PROGRAMS. 

(a) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—Section 48114(a)(1)(A) is 

amended to read as follows: 

‘‘(A) IN GENERAL.—The total budget resources made available from the 

Airport and Airway Trust Fund each fiscal year through fiscal year 2012 

pursuant to sections 48101, 48102, 48103, and 106(k) shall— 

‘‘(i) in each of fiscal years 2009 and 2010, be equal to 90 percent of 

the estimated level of receipts plus interest credited to the Airport and 

Airway Trust Fund for that fiscal year; and 

‘‘(ii) in each of fiscal years 2011 and 2012, be equal to the sum of— 

‘‘(I) 90 percent of the estimated level of receipts plus interest 

credited to the Airport and Airway Trust Fund for that fiscal year; 

and 

‘‘(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year 

minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year. 


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Such amounts may be used only for aviation investment programs listed in 

subsection (b).’’. 

(b) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM THE GENERAL FUND.— 

Section 48114(a)(2) is amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 

(c) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST DEFINED.—Section 48114(b)(2) 

is amended— 

(1) in the paragraph heading by striking ‘‘LEVEL’’ and inserting ‘‘ESTIMATED

LEVEL’’; and 

(2) by striking ‘‘level of receipts plus interest’’ and inserting ‘‘estimated level 

of receipts plus interest’’. 

(d) ENFORCEMENT OF GUARANTEES.—Section 48114(c)(2) is amended by striking 

‘‘2007’’ and inserting ‘‘2012’’. 

Subtitle B—Passenger Facility Charges 

SEC. 111. PFC AUTHORITY. 

(a) PFC DEFINED.—Section 40117(a)(5) is amended to read as follows: 

‘‘(5) PASSENGER FACILITY CHARGE.—The term ‘passenger facility charge’ means 

a charge or fee imposed under this section.’’. 

(b) INCREASE IN PFC MAXIMUM LEVEL.—Section 40117(b)(4) is amended by striking ‘‘$4.00 or $4.50’’ and inserting ‘‘$4.00, $4.50, $5.00, $6.00, or $7.00’’. 

(c) PILOT PROGRAM FOR PFC AT NONHUB AIRPORTS.—Section 40117(l) is amended— 

(1) by striking paragraph (7); and 

(2) by redesignating paragraph (8) as paragraph (7). 

(d) CORRECTION OF REFERENCES.— 

(1) SECTION 40117.—Section 40117 is amended— 

(A) in the section heading by striking ‘‘fees’’ and inserting ‘‘charges’’; 

(B) in the heading for subsection (e) by striking ‘‘FEES’’ and inserting 

‘‘CHARGES’’; 

(C) in the heading for subsection (l) by striking ‘‘FEE’’ and inserting 

‘‘CHARGE’’; 

(D) in the heading for paragraph (5) of subsection (l) by striking ‘‘FEE’’ 

and inserting ‘‘CHARGE’’; 

(E) in the heading for subsection (m) by striking ‘‘FEES’’ and inserting 

‘‘CHARGES’’; 

(F) in the heading for paragraph (1) of subsection (m) by striking ‘‘FEES’’ 

and inserting ‘‘CHARGES’’; 

(G) by striking ‘‘fee’’ each place it appears (other than the second sentence 

of subsection (g)(4)) and inserting ‘‘charge’’; and 

(H) by striking ‘‘fees’’ each place it appears and inserting ‘‘charges’’. 

(2) OTHER REFERENCES.—Subtitle VII is amended by striking ‘‘fee’’ and inserting ‘‘charge’’ each place it appears in each of the following sections: 

(A) Section 47106(f)(1). 

(B) Section 47110(e)(5). 

(C) Section 47114(f). 

(D) Section 47134(g)(1). 

(E) Section 47139(b). 

(F) Section 47524(e). 

(G) Section 47526(2). 

SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE. 

(a) IN GENERAL.—Section 40117(a)(3) is amended by adding at the end the following: 

‘‘(H) A project to construct secure bicycle storage facilities that are to be 

used by passengers at the airport and that are in compliance with applicable security standards.’’. 

(b) REPORT TO CONGRESS.—Not later than one year after the date of enactment 

of this Act, the Administrator of the Federal Aviation Administration shall submit 

to Congress a report on the progress being made by airports to install bicycle parking for airport customers and airport employees. 

SEC. 113. AWARD OF ARCHITECTURAL AND ENGINEERING CONTRACTS FOR AIRSIDE 

PROJECTS. 

(a) IN GENERAL.—Section 40117(d) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by striking the period at the end of paragraph (4) and inserting ‘‘; and’’; 

and 


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(3) by adding at the end the following: 

‘‘(5) in the case of an application to finance a project to meet the airside needs 

of the airport, the application includes written assurances, satisfactory to the 

Secretary, that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services will be awarded in the same way that a contract for architectural 

and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement prescribed for or by the eligible agency.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply to an application submitted to the Secretary of Transportation by an eligible agency under 

section 40117 of title 49, United States Code, after the date of enactment of this 

Act. 

SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM. 

Section 40117 is amended by adding at the end the following: 

‘‘(n) PILOT PROGRAM FOR PFC ELIGIBILITY FOR INTERMODAL GROUND ACCESS

PROJECTS.— ‘‘(1) PFC ELIGIBILITY.—Subject to the requirements of this subsection, the Secretary shall establish a pilot program under which the Secretary may authorize, 

at no more than 5 airports, a passenger facility charge imposed under subsection (b)(1) or (b)(4) to be used to finance the eligible cost of an intermodal 

ground access project. 

‘‘(2) INTERMODAL GROUND ACCESS PROJECT DEFINED.—In this section, the term 

‘intermodal ground access project’ means a project for constructing a local facility owned or operated by an eligible agency that is directly and substantially 

related to the movement of passengers or property traveling in air transportation. 

‘‘(3) ELIGIBLE COSTS.— ‘‘(A) IN GENERAL.—For purposes of paragraph (1), the eligible cost of an 

intermodal ground access project shall be the total cost of the project multiplied by the ratio that— 

‘‘(i) the number of individuals projected to use the project to gain access to or depart from the airport; bears to 

‘‘(ii) the total number of the individuals projected to use the facility. 

‘‘(B) DETERMINATIONS REGARDING PROJECTED PROJECT USE.— ‘‘(i) IN GENERAL.—Except as provided by clause (ii), the Secretary 

shall determine the projected use of a project for purposes of subparagraph (A) at the time the project is approved under this subsection. 

‘‘(ii) PUBLIC TRANSPORTATION PROJECTS.—In the case of a project approved under this section to be financed in part using funds administered by the Federal Transit Administration, the Secretary shall use 

the travel forecasting model for the project at the time such project is 

approved by the Federal Transit Administration to enter preliminary 

engineering to determine the projected use of the project for purposes 

of subparagraph (A).’’. 

SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMODATING CONNECTING PASSENGERS. 

(a) STUDY.—Not later than 90 days after the date of enactment of this Act, the 

Secretary of Transportation shall initiate a study to evaluate— 

(1) the impacts on airports of accommodating connecting passengers; and 

(2) the treatment of airports at which the majority of passengers are connecting passengers under the passenger facility charge program authorized by 

section 40117 of title 49, United States Code. 

(b) CONTENTS OF STUDY.—In conducting the study, the Secretary shall review, at 

a minimum, the following: 

(1) the differences in facility needs, and the costs for constructing, maintaining, and operating those facilities, for airports at which the majority of passengers are connecting passengers as compared to airports at which the majority of passengers are originating and destination passengers; 

(2) whether the costs to an airport of accommodating additional connecting 

passengers differs from the cost of accommodating additional originating and 

destination passengers; 

(3) for each airport charging a passenger facility charge, the percentage of 

passenger facility charge revenue attributable to connecting passengers and the 

percentage of such revenue attributable to originating and destination passengers; 

(4) the potential effects on airport revenues of requiring airports to charge different levels of passenger facility charges on connecting passengers and originating and destination passengers; and 


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(5) the added costs to air carriers of collecting passenger facility charges 

under a system in which different levels of passenger facility charges are imposed on connecting passengers and originating and destination passengers. 

(c) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than one year after the date of initiation of the 

study, the Secretary shall submit to Congress a report on the results of the 

study. 

(2) CONTENTS.—The report shall include— 

(A) the findings of the Secretary on each of the subjects listed in subsection (b); and 

(B) recommendations, if any, of the Secretary based on the results of the 

study for any changes to the passenger facility charge program, including 

recommendations as to whether different levels of passenger facility 

charges should be imposed on connecting passengers and originating and 

destination passengers. 

Subtitle C—Fees for FAA Services 

SEC. 121. UPDATE ON OVERFLIGHTS. 

(a) ESTABLISHMENT AND ADJUSTMENT OF FEES.—Section 45301(b) is amended to 

read as follows: 

‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 

‘‘(1) IN GENERAL.—In establishing and adjusting fees under subsection (a), the 

Administrator shall ensure that the fees are reasonably related to the Administration’s costs, as determined by the Administrator, of providing the services 

rendered. Services for which costs may be recovered include the costs of air traffic control, navigation, weather services, training, and emergency services which 

are available to facilitate safe transportation over the United States and the 

costs of other services provided by the Administrator, or by programs financed 

by the Administrator, to flights that neither take off nor land in the United 

States. The determination of such costs by the Administrator, and the allocation 

of such costs by the Administrator to services provided, are not subject to judicial review. 

‘‘(2) ADJUSTMENT OF FEES.—The Administrator shall adjust the overflight fees 

established by subsection (a)(1) by expedited rulemaking and begin collections 

under the adjusted fees by May 1, 2010. In developing the adjusted overflight 

fees, the Administrator may seek and consider the recommendations offered by 

an aviation rulemaking committee for overflight fees that are provided to the 

Administrator by May 1, 2009, and are intended to ensure that overflight fees 

are reasonably related to the Administrator’s costs of providing air traffic control and related services to overflights. 

‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft 

operations in en route or oceanic airspace. 

‘‘(4) COSTS DEFINED.—In this subsection, the term ‘costs’ includes those costs 

associated with the operation, maintenance, leasing costs, and overhead expenses of the services provided and the facilities and equipment used in such 

services, including the projected costs for the period during which the services 

will be provided. 

‘‘(5) PUBLICATION; COMMENT.—The Administrator shall publish in the Federal 

Register any fee schedule under this section, including any adjusted overflight 

fee schedule, and the associated collection process as an interim final rule, pursuant to which public comment will be sought and a final rule issued.’’. 

(b) ADJUSTMENTS.—Section 45301 is amended by adding at the end the following: 

‘‘(e) ADJUSTMENTS.—In addition to adjustments under subsection (b), the Administrator may periodically adjust the fees established under this section.’’. 

SEC. 122. REGISTRATION FEES. 

(a) IN GENERAL.—Chapter 453 is amended by adding at the end the following: 

‘‘§ 45305. Registration, certification, and related fees 

‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to subsection (b), the Administrator 

of the Federal Aviation Administration shall establish the following fees for services 

and activities of the Administration: 

‘‘(1) $130 for registering an aircraft. 

‘‘(2) $45 for replacing an aircraft registration. 

‘‘(3) $130 for issuing an original dealer’s aircraft certificate. 


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‘‘(4) $105 for issuing an aircraft certificate (other than an original dealer’s aircraft certificate). 

‘‘(5) $80 for issuing a special registration number. 

‘‘(6) $50 for issuing a renewal of a special registration number. 

‘‘(7) $130 for recording a security interest in an aircraft or aircraft part. 

‘‘(8) $50 for issuing an airman certificate. 

‘‘(9) $25 for issuing a replacement airman certificate. 

‘‘(10) $42 for issuing an airman medical certificate. 

‘‘(11) $100 for providing a legal opinion pertaining to aircraft registration or 

recordation. 

‘‘(b) LIMITATION ON COLLECTION.—No fee may be collected under this section unless the expenditure of the fee to pay the costs of activities and services for which 

the fee is imposed is provided for in advance in an appropriations Act. 

‘‘(c) FEES CREDITED AS OFFSETTING COLLECTIONS.— 

‘‘(1) IN GENERAL.—Notwithstanding section 3302 of title 31, any fee authorized to be collected under this section shall— 

‘‘(A) be credited as offsetting collections to the account that finances the 

activities and services for which the fee is imposed; 

‘‘(B) be available for expenditure only to pay the costs of activities and 

services for which the fee is imposed; and 

‘‘(C) remain available until expended. 

‘‘(2) CONTINUING APPROPRIATIONS.—The Administrator may continue to assess, collect, and spend fees established under this section during any period in 

which the funding for the Federal Aviation Administration is provided under an 

Act providing continuing appropriations in lieu of the Administration’s regular 

appropriations. 

‘‘(3) ADJUSTMENTS.—The Administrator shall periodically adjust the fees established by subsection (a) when cost data from the cost accounting system developed pursuant to section 45303(e) reveal that the cost of providing the service is higher or lower than the cost data that were used to establish the fee then 

in effect.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 453 is amended by adding 

at the end the following: 

‘‘45305. Registration, certification, and related fees.’’. 

(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR TRANSPORTATION.—Section 

45302(e) is amended— 

(1) by striking ‘‘A fee’’ and inserting the following: 

‘‘(1) IN GENERAL.—A fee’’; and 

(2) by adding at the end the following: 

‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.—A fee may not be imposed for a 

service or activity under this section during any period in which a fee for the 

same service or activity is imposed under section 45305.’’. 

Subtitle D—AIP Modifications 

SEC. 131. AMENDMENTS TO AIP DEFINITIONS. 

(a) AIRPORT DEVELOPMENT.—Section 47102(3) is amended— 

(1) in subparagraph (B)(iv) by striking ‘‘20’’ and inserting ‘‘9’’; and 

(2) by adding at the end the following: 

‘‘(M) construction of mobile refueler parking within a fuel farm at a nonprimary airport meeting the requirements of section 112.8 of title 40, Code 

of Federal Regulations. 

‘‘(N) terminal development under section 47119(a). 

‘‘(O) acquiring and installing facilities and equipment to provide air conditioning, heating, or electric power from terminal-based, non-exclusive use 

facilities to aircraft parked at a public use airport for the purpose of reducing energy use or harmful emissions as compared to the provision of such 

air conditioning, heating, or electric power from aircraft-based systems.’’. 

(b) AIRPORT PLANNING.—Section 47102(5) is amended by inserting before the period at the end the following: ‘‘, developing an environmental management system’’. 

(c) GENERAL AVIATION AIRPORT.—Section 47102 is amended— 

(1) by redesignating paragraphs (23) through (25) as paragraphs (25) through 

(27), respectively; 

(2) by redesignating paragraphs (8) through (22) as paragraphs (9) through 

(23), respectively; and 

(3) by inserting after paragraph (7) the following: 


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‘‘(8) ‘general aviation airport’ means a public airport that is located in a State 

and that, as determined by the Secretary— 

‘‘(A) does not have scheduled service; or 

‘‘(B) has scheduled service with less that 2,500 passenger boardings each 

year.’’. 

(d) REVENUE PRODUCING AERONAUTICAL SUPPORT FACILITIES.—Section 47102 is 

amended by inserting after paragraph (23) (as redesignated by subsection (c)(2) of 

this section) the following: 

‘‘(24) ‘revenue producing aeronautical support facilities’ means fuel farms, 

hangar buildings, self-service credit card aeronautical fueling systems, airplane 

wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.’’. 

(e) TERMINAL DEVELOPMENT.—Section 47102 is further amended by adding at the 

end the following: 

‘‘(28) ‘terminal development’ means— 

‘‘(A) development of— 

‘‘(i) an airport passenger terminal building, including terminal gates; 

‘‘(ii) access roads servicing exclusively airport traffic that leads directly to or from an airport passenger terminal building; and 

‘‘(iii) walkways that lead directly to or from an airport passenger terminal building; and 

‘‘(B) the cost of a vehicle described in section 47119(a)(1)(B).’’. 

SEC. 132. SOLID WASTE RECYCLING PLANS. 

(a) AIRPORT PLANNING.—Section 47102(5) (as amended by section 131(b) of this 

Act) is amended by inserting before the period at the end the following: ‘‘, and planning to minimize the generation of, and to recycle, airport solid waste in a manner 

that is consistent with applicable State and local recycling laws’’. 

(b) MASTER PLAN.—Section 47106(a) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (4); 

(2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following: 

‘‘(6) in any case in which the project is for an airport that has an airport master plan, the master plan addresses the feasibility of solid waste recycling at 

the airport and minimizing the generation of solid waste at the airport.’’. 

SEC. 133. AMENDMENTS TO GRANT ASSURANCES. 

(a) GENERAL WRITTEN ASSURANCES.—Section 47107(a)(16)(D)(ii) is amended by inserting before the semicolon at the end the following: ‘‘, except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d)’’. 

(b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 

(1) USE OF PROCEEDS.—Section 47107(c)(2)(A)(iii) is amended by striking 

‘‘paid to the Secretary’’ and all that follows before the semicolon and inserting 

‘‘reinvested in another project at the airport or transferred to another airport 

as the Secretary prescribes under paragraph (4)’’. 

(2) ELIGIBLE PROJECTS.—Section 47107(c) is amended by adding at the end 

the following: 

‘‘(4) PRIORITIES FOR REINVESTMENT.—In approving the reinvestment or transfer of proceeds under subsection (c)(2)(A)(iii), the Secretary shall give preference, in descending order, to the following actions: 

‘‘(A) Reinvestment in an approved noise compatibility project. 

‘‘(B) Reinvestment in an approved project that is eligible for funding 

under section 47117(e). 

‘‘(C) Reinvestment in an approved airport development project that is eligible for funding under section 47114, 47115, or 47117. 

‘‘(D) Transfer to a sponsor of another public airport to be reinvested in 

an approved noise compatibility project at such airport. 

‘‘(E) Payment to the Secretary for deposit in the Airport and Airway 

Trust Fund.’’. 

(c) CLERICAL AMENDMENT.—Section 47107(c)(2)(B)(iii) is amended by striking ‘‘the 

Fund’’ and inserting ‘‘the Airport and Airway Trust Fund established under section 

9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)’’. 

SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 

Section 47109 is amended— 


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(1) in subsection (a) by striking ‘‘provided in subsection (b) or subsection (c) 

of this section’’ and inserting ‘‘otherwise specifically provided in this section’’; 

and 

(2) by adding at the end the following: 

‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL HUB TO MEDIUM HUB STATUS.— 

If the status of a small hub airport changes to a medium hub airport, the Government’s share of allowable project costs for the airport may not exceed 90 percent 

for the first 2 fiscal years following such change in hub status. 

‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED COMMUNITIES.—The Government’s share of allowable project costs shall be 95 percent for a project at an airport 

that— 

‘‘(1) is receiving subsidized air service under subchapter II of chapter 417; and 

‘‘(2) is located in an area that meets one or more of the criteria established 

in section 301(a) of the Public Works and Economic Development Act of 1965 

(42 U.S.C. 3161(a)), as determined by the Secretary of Commerce.’’. 

SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 

(a) ALLOWABLE PROJECT COSTS.—Section 47110(b)(2)(D) is amended to read as follows: 

‘‘(D) if the cost is for airport development and is incurred before execution of 

the grant agreement, but in the same fiscal year as execution of the grant 

agreement, and if— 

‘‘(i) the cost was incurred before execution of the grant agreement due to 

the short construction season in the vicinity of the airport; 

‘‘(ii) the cost is in accordance with an airport layout plan approved by the 

Secretary and with all statutory and administrative requirements that 

would have been applicable to the project if the project had been carried 

out after execution of the grant agreement; 

‘‘(iii) the sponsor notifies the Secretary before authorizing work to commence on the project; and 

‘‘(iv) the sponsor’s decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the 

project by the Secretary for the allocation of discretionary funds;’’. 

(b) RELOCATION OF AIRPORT-OWNED FACILITIES.—Section 47110(d) is amended to 

read as follows: 

‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.—The Secretary may determine 

that the costs of relocating or replacing an airport-owned facility are allowable for 

an airport development project at an airport only if— 

‘‘(1) the Government’s share of such costs will be paid with funds apportioned 

to the airport sponsor under section 47114(c)(1) or 47114(d); 

‘‘(2) the Secretary determines that the relocation or replacement is required 

due to a change in the Secretary’s design standards; and 

‘‘(3) the Secretary determines that the change is beyond the control of the airport sponsor.’’. 

(c) NONPRIMARY AIRPORTS.—Section 47110(h) is amended— 

(1) by inserting ‘‘construction of’’ before ‘‘revenue producing’’; and 

(2) by striking ‘‘, including fuel farms and hangars,’’. 

SEC. 136. UNIFORM CERTIFICATION TRAINING FOR AIRPORT CONCESSIONS UNDER DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. 

(a) IN GENERAL.—Section 47107(e) is amended— 

(1) by redesignating paragraph (8) as paragraph (9); and 

(2) by inserting after paragraph (7) the following: 

‘‘(8) MANDATORY TRAINING PROGRAM FOR AIRPORT CONCESSIONS.— 

‘‘(A) IN GENERAL.—Not later than one year after the date of enactment 

of the FAA Reauthorization Act of 2009, the Secretary shall establish a 

mandatory training program for persons described in subparagraph (C) on 

the certification of whether a small business concern in airport concessions 

qualifies as a small business concern owned and controlled by a socially and 

economically disadvantaged individual for purposes of paragraph (1). 

‘‘(B) IMPLEMENTATION.—The training program may be implemented by 

one or more private entities approved by the Secretary. 

‘‘(C) PARTICIPANTS.—A person referred to in paragraph (1) is an official 

or agent of an airport owner or operator who is required to provide a written assurance under paragraph (1) that the airport owner or operator will 

meet the percentage goal of paragraph (1) or who is responsible for determining whether or not a small business concern in airport concessions 

qualifies as a small business concern owned and controlled by a socially and 

economically disadvantaged individual for purposes of paragraph (1). 


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‘‘(D) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.’’. 

(b) REPORT.—Not later than 24 months after the date of enactment of this Act, 

the Secretary shall submit to the Committee on Transportation and Infrastructure 

of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and other appropriate committees of Congress a report on 

the results of the training program conducted under the amendment made by subsection (a). 

SEC. 137. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY DISABLED VETERANS. 

Section 47112(c) is amended by adding at the end the following: 

‘‘(3) A contract involving labor for carrying out an airport development project 

under a grant agreement under this subchapter must require that a preference be 

given to the use of small business concerns (as defined in section 3 of the Small 

Business Act (15 U.S.C. 1632)) owned and controlled by disabled veterans.’’. 

SEC. 138. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION. 

Section 47113 is amended by adding at the end the following: 

‘‘(e) PERSONAL NET WORTH CAP.— 

‘‘(1) REGULATIONS.—Not later than 180 days after the date of enactment of 

this subsection, the Secretary shall issue final regulations to adjust the personal 

net worth cap used in determining whether an individual is economically disadvantaged for purposes of qualifying under the definition contained in subsection (a)(2). The regulations shall correct for the impact of inflation since the 

Small Business Administration established the personal net worth cap at 

$750,000 in 1989. 

‘‘(2) ANNUAL ADJUSTMENT.—Following the initial adjustment under paragraph 

(1), the Secretary shall adjust, on June 30 of each year thereafter, the personal 

net worth cap to account for changes, occurring in the preceding 12-month period, in the Consumer Price Index of All Urban Consumers (United States city 

average, all items) published by the Secretary of Labor.’’. 

SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND. 

Section 47114(d) is amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘Except as provided in paragraph (3), the Secretary’’ and 

inserting ‘‘The Secretary’’; and 

(B) by striking ‘‘18.5 percent’’ and inserting ‘‘10 percent’’; and 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) ADDITIONAL AMOUNT.— 

‘‘(A) IN GENERAL.—In addition to amounts apportioned under paragraph 

(2), and subject to subparagraph (B), the Secretary shall apportion to each 

airport, excluding primary airports but including reliever and nonprimary 

commercial service airports, in States the lesser of— 

‘‘(i) $150,000; or 

‘‘(ii) 1⁄5 of the most recently published estimate of the 5-year costs for 

airport improvement for the airport, as listed in the national plan of 

integrated airport systems developed by the Federal Aviation Administration under section 47103. 

‘‘(B) REDUCTION.—In any fiscal year in which the total amount made 

available for apportionment under paragraph (2) is less than $300,000,000, 

the Secretary shall reduce, on a prorated basis, the amount to be apportioned under subparagraph (A) and make such reduction available to be apportioned under paragraph (2), so as to apportion under paragraph (2) a 

minimum of $300,000,000.’’. 

SEC. 140. REDUCING APPORTIONMENTS. 

Section 47114(f)(1) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (A); 

(2) in subparagraph (B)— 

(A) by inserting ‘‘except as provided by subparagraph (C),’’ before ‘‘in the 

case’’; and 

(B) by striking the period at the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(C) in the case of a charge of more than $4.50 imposed by the sponsor 

of an airport enplaning at least one percent of the total number of 

boardings each year in the United States, 100 percent of the projected revenues from the charge in the fiscal year but not more than 100 percent of 

the amount that otherwise would be apportioned under this section.’’. 


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SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 

Section 47115(g)(1) is amended by striking ‘‘sum of—’’ and all that follows through 

the period at the end of subparagraph (B) and inserting ‘‘sum of $520,000,000.’’. 

SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 

Section 47115(j) is amended by striking ‘‘fiscal years 2004 through 2008, and for 

the portion of fiscal year 2009 ending before April 1, 2009,’’ and inserting, ‘‘fiscal 

years 2008 through 2012,’’. 

SEC. 143. USE OF APPORTIONED AMOUNTS. 

Section 47117(e)(1)(A) is amended— 

(1) in the first sentence— 

(A) by striking ‘‘35 percent’’ and inserting ‘‘$300,000,000’’; 

(B) by striking ‘‘and’’ after ‘‘47141,’’; and 

(C) by inserting before the period at the end the following: ‘‘, and for 

water quality mitigation projects to comply with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as approved in an environmental 

record of decision for an airport development project under this title’’; and 

(2) in the second sentence by striking ‘‘such 35 percent requirement is’’ and 

inserting ‘‘the requirements of the preceding sentence are’’. 

SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 

(a) IN GENERAL.—Section 47133(b) is amended— 

(1) by striking ‘‘Subsection (a) shall not apply if’’ and inserting the following: 

‘‘(1) PRIOR LAWS AND AGREEMENTS.—Subsection (a) shall not apply if’’; and 

(2) by adding at the end the following: 

‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.—In the case of a privately 

owned airport, subsection (a) shall not apply to the proceeds from the sale of 

the airport to a public sponsor if— 

‘‘(A) the sale is approved by the Secretary; 

‘‘(B) funding is provided under this subtitle for any portion of the public 

sponsor’s acquisition of airport land; and 

‘‘(C) an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land 

acquisition, amortized over a 20-year period, plus an amount equal to the 

Federal share of the current fair market value of any land acquired with 

an airport improvement grant made to that airport on or after October 1, 

1996, is repaid to the Secretary by the private owner. 

‘‘(3) TREATMENT OF REPAYMENTS.—Repayments referred to in paragraph 

(2)(C) shall be treated as a recovery of prior year obligations.’’. 

(b) APPLICABILITY TO GRANTS.—The amendments made by subsection (a) shall 

apply to grants issued on or after October 1, 1996. 

SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM. 

(a) APPROVAL REQUIREMENTS.—Section 47134 is amended in subsections 

(b)(1)(A)(i), (b)(1)(A)(ii), (c)(4)(A), and (c)(4)(B) by striking ‘‘65 percent’’ each place it 

appears and inserting ‘‘75 percent’’. 

(b) PROHIBITION ON RECEIPT OF FUNDS.— 

(1) SECTION 47134.—Section 47134 is amended by adding at the end the following: 

‘‘(n) PROHIBITION ON RECEIPT OF CERTAIN FUNDS.—An airport receiving an exemption under subsection (b) shall be prohibited from receiving apportionments 

under section 47114 or discretionary funds under section 47115.’’. 

(2) CONFORMING AMENDMENTS.—Section 47134(g) is amended— 

(A) in the subsection heading by striking ‘‘APPORTIONMENTS;’’; 

(B) in paragraph (1) by striking the semicolon at the end and inserting 

‘‘; or’’; 

(C) by striking paragraph (2); and 

(D) by redesignating paragraph (3) as paragraph (2). 

(c) FEDERAL SHARE OF PROJECT COSTS.—Section 47109(a) is amended— 

(1) by striking the semicolon at the end of paragraph (3) and inserting ‘‘; and’’; 

(2) by striking paragraph (4); and 

(3) by redesignating paragraph (5) as paragraph (4). 

SEC. 146. AIRPORT SECURITY PROGRAM. 

(a) GENERAL AUTHORITY.—Section 47137(a) is amended by inserting ‘‘, in consultation with the Secretary of Homeland Security,’’ after ‘‘Transportation’’. 

(b) IMPLEMENTATION.—Section 47137(b) is amended to read as follows: 

‘‘(b) IMPLEMENTATION.— 


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‘‘(1) IN GENERAL.—In carrying out this section, the Secretary of Transportation shall provide funding through a grant, contract, or another agreement described in section 106(l)(6) to a nonprofit consortium that— 

‘‘(A) is composed of public and private persons, including an airport sponsor; and 

‘‘(B) has at least 10 years of demonstrated experience in testing and evaluating anti-terrorist technologies at airports. 

‘‘(2) PROJECT SELECTION.—The Secretary shall select projects under this subsection that— 

‘‘(A) evaluate and test the benefits of innovative aviation security systems 

or related technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, 

and passenger and baggage screening; and 

‘‘(B) provide testing and evaluation of airport security systems and technology in an operational, testbed environment.’’. 

(c) MATCHING SHARE.—Section 47137(c) is amended by inserting after ‘‘section 

47109’’ the following: ‘‘or any other provision of law’’. 

(d) ADMINISTRATION.—Section 47137(e) is amended by adding at the end the following: ‘‘The Secretary may enter into an agreement in accordance with section 

106(m) to provide for the administration of any project under the program.’’. 

(e) ELIGIBLE SPONSOR.—Section 47137 is amended by striking subsection (f) and 

redesignating subsection (g) as subsection (f). 

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 47137(f) (as so redesignated) is 

amended by striking ‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 

SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOPMENT RIGHTS. 

Section 47138 is amended by adding at the end the following: 

‘‘(f) SUNSET.—This section shall not be in effect after September 30, 2008.’’. 

SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING AND 

PROJECTS BY STATE AND LOCAL GOVERNMENTS. 

Section 47141(f) is amended by striking ‘‘March 31, 2009’’ and inserting ‘‘September 30, 2012’’. 

SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS AUTHORITY. 

Section 49108, and the item relating to such section in the analysis for chapter 

491, are repealed. 

SEC. 150. MIDWAY ISLAND AIRPORT. 

Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (117 

Stat. 2518) is amended by striking ‘‘for fiscal years ending before October 1, 2008, 

and for the portion of fiscal year 2009 ending before April 1, 2009,’’ and inserting 

‘‘October 1, 2012,’’. 

SEC. 151. PUERTO RICO MINIMUM GUARANTEE. 

Section 47114(e) is amended— 

(1) in the subsection heading by inserting ‘‘AND PUERTO RICO’’ after ‘‘ALASKA’’; 

and 

(2) by adding at the end the following: 

‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In any fiscal year in which the total 

amount apportioned to airports in Puerto Rico under subsections (c) and (d) is 

less than 1.5 percent of the total amount apportioned to all airports under subsections (c) and (d), the Secretary shall apportion to the Puerto Rico Ports Authority for airport development projects in such fiscal year an amount equal to 

the difference between 1.5 percent of the total amounts apportioned under subsections (c) and (d) in such fiscal year and the amount otherwise apportioned 

under subsections (c) and (d) to airports in Puerto Rico in such fiscal year.’’. 

SEC. 152. MISCELLANEOUS AMENDMENTS. 

(a) TECHNICAL CHANGES TO NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.— 

Section 47103 is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘each airport to—’’ and inserting ‘‘the airport system to— 

’’; 

(B) in paragraph (1) by striking ‘‘system in the particular area;’’ and inserting ‘‘system, including connection to the surface transportation network; 

and’’; 

(C) in paragraph (2) by striking ‘‘; and’’ and inserting a period; and 

(D) by striking paragraph (3); 

(2) in subsection (b)— 

(A) in paragraph (1) by striking the semicolon and inserting ‘‘; and’’; 


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(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and 

(C) in paragraph (2) (as so redesignated) by striking ‘‘, Short Takeoff and 

Landing/Very Short Takeoff and Landing aircraft operations,’’; and 

(3) in subsection (d) by striking ‘‘status of the’’. 

(b) UPDATE VETERANS PREFERENCE DEFINITION.—Section 47112(c) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (B) by striking ‘‘separated from’’ and inserting ‘‘discharged or released from active duty in’’; and 

(B) by adding at the end the following: 

‘‘(C) ‘Afghanistan-Iraq war veteran’ means an individual who served on active 

duty (as defined by section 101 of title 38) in the Armed Forces for a period 

of more than 180 consecutive days, any part of which occurred during the period 

beginning on September 11, 2001, and ending on the date prescribed by presidential proclamation or by law as the last date of Operation Iraqi Freedom, and 

who was separated from the Armed Forces under honorable conditions.’’; and 

(2) in paragraph (2) by striking ‘‘veterans and’’ and inserting ‘‘veterans, Afghanistan-Iraq war veterans, and’’. 

(c) CONSOLIDATION OF TERMINAL DEVELOPMENT PROVISIONS.—Section 47119 is 

amended— 

(1) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), 

and (e), respectively; and 

(2) by inserting before subsection (b) (as so redesignated) the following: 

‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 

‘‘(1) IN GENERAL.—The Secretary may approve a project for terminal development (including multimodal terminal development) in a nonrevenue-producing 

public-use area of a commercial service airport— 

‘‘(A) if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has— 

‘‘(i) all the safety equipment required for certification of the airport 

under section 44706; 

‘‘(ii) all the security equipment required by regulation; and 

‘‘(iii) provided for access by passengers to the area of the airport for 

boarding or exiting aircraft that are not air carrier aircraft; 

‘‘(B) if the cost is directly related to moving passengers and baggage in 

air commerce within the airport, including vehicles for moving passengers 

between terminal facilities and between terminal facilities and aircraft; and 

‘‘(C) under terms necessary to protect the interests of the Government. 

‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREVENUE-PRODUCING

PARKING LOTS.—In making a decision under paragraph (1), the Secretary may 

approve as allowable costs the expenses of terminal development in a revenueproducing area and construction, reconstruction, repair, and improvement in a 

nonrevenue-producing parking lot if— 

‘‘(A) except as provided in section 47108(e)(3), the airport does not have 

more than .05 percent of the total annual passenger boardings in the 

United States; and 

‘‘(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary’s approval.’’; 

(3) in paragraphs (3) and (4)(A) of subsection (b) (as redesignated by paragraph (1) of this subsection) by striking ‘‘section 47110(d)’’ and inserting ‘‘subsection (a)’’; 

(4) in paragraph (5) of subsection (b) (as redesignated by paragraph (1) of this 

subsection) by striking ‘‘subsection (b)(1) and (2)’’ and inserting ‘‘subsections 

(c)(1) and (c)(2)’’; 

(5) in paragraphs (2)(A), (3), and (4) of subsection (c) (as redesignated by 

paragraph (1) of this subsection) by striking ‘‘section 47110(d) of this title’’ and 

inserting ‘‘subsection (a)’’; 

(6) in paragraph (2)(B) of subsection (c) (as redesignated by paragraph (1) of 

this subsection) by striking ‘‘section 47110(d)’’ and inserting ‘‘subsection (a)’’; 

(7) in subsection (c)(5) (as redesignated by paragraph (1) of this subsection) 

by striking ‘‘section 47110(d)’’ and inserting ‘‘subsection (a)’’; and 

(8) by adding at the end the following: 

‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.—The Secretary may distribute not 

more than $20,000,000 from the discretionary fund established under section 47115 

for terminal development projects at a nonhub airport or a small hub airport that 

is eligible to receive discretionary funds under section 47108(e)(3).’’. 

(d) ANNUAL REPORT.—Section 47131(a) is amended— 

(1) by striking ‘‘April 1’’ and inserting ‘‘June 1’’; and 


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(2) by striking paragraphs (1), (2), (3), and (4) and inserting the following: 

‘‘(1) a summary of airport development and planning completed; 

‘‘(2) a summary of individual grants issued; 

‘‘(3) an accounting of discretionary and apportioned funds allocated; 

‘‘(4) the allocation of appropriations; and’’. 

(e) CORRECTION TO EMISSION CREDITS PROVISION.—Section 47139 is amended— 

(1) in subsection (a) by striking ‘‘47102(3)(F),’’; and 

(2) in subsection (b)— 

(A) by striking ‘‘47102(3)(F),’’; and 

(B) by striking ‘‘47103(3)(F),’’. 

(f) CONFORMING AMENDMENT TO CIVIL PENALTY ASSESSMENT AUTHORITY.—Section 

46301(d)(2) is amended by inserting ‘‘46319,’’ after ‘‘46318,’’. 

(g) OTHER CONFORMING AMENDMENTS.— 

(1) Sections 40117(a)(3)(B) is amended by striking ‘‘section 47110(d)’’ and inserting ‘‘section 47119(a)’’. 

(2) Section 47108(e)(3) is amended— 

(A) by striking ‘‘section 47110(d)(2)’’ and inserting ‘‘section 47119(a)’’; and 

(B) by striking ‘‘section 47110(d)’’ and inserting ‘‘section 47119(a)’’. 

(h) CORRECTION TO SURPLUS PROPERTY AUTHORITY.—Section 47151(e) is amended 

by striking ‘‘(other than real property’’ and all that follows through ‘‘(10 U.S.C. 2687 

note))’’. 

(i) AIRPORT CAPACITY BENCHMARK REPORTS.—Section 47175(2) is amended by 

striking ‘‘Airport Capacity Benchmark Report 2001’’ and inserting ‘‘2001 and 2004 

Airport Capacity Benchmark Reports or table 1 of the Federal Aviation Administration’s most recent airport capacity benchmark report’’. 

SEC. 153. AIRPORT MASTER PLANS. 

Section 47101 is amended by adding at the end the following: 

‘‘(i) ADDITIONAL GOALS FOR AIRPORT MASTER PLANS.—In addition to the goals set 

forth in subsection (g)(2), the Secretary shall encourage airport sponsors and State 

and local officials, through Federal Aviation Administration advisory circulars, to 

consider customer convenience, airport ground access, and access to airport facilities 

in airport master plans.’’. 

TITLE II—NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL 

MODERNIZATION 

SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 

(a) FINDINGS.—Congress finds the following: 

(1) The United States faces a great national challenge as the Nation’s aviation 

infrastructure is at a crossroads. 

(2) The demand for aviation services, a critical element of the United States 

economy, vital in supporting the quality of life of the people of the United 

States, and critical in support of the Nation’s defense and national security, is 

growing at an ever increasing rate. At the same time, the ability of the United 

States air transportation system to expand and change to meet this increasing 

demand is limited. 

(3) The aviation industry accounts for more than 11,000,000 jobs in the 

United States and contributes approximately $741,000,000,000 annually to the 

United States gross domestic product. 

(4) The United States air transportation system continues to drive economic 

growth in the United States and will continue to be a major economic driver 

as air traffic triples over the next 20 years. 

(5) The Next Generation Air Transportation System (in this section referred 

to as the ‘‘NextGen System’’) is the system for achieving long-term transformation of the United States air transportation system that focuses on developing and implementing new technologies and that will set the stage for the 

long-term development of a scalable and more flexible air transportation system 

without compromising the unprecedented safety record of United States aviation. 

(6) The benefits of the NextGen System, in terms of promoting economic 

growth and development, are enormous. 

(7) The NextGen System will guide the path of the United States air transportation system in the challenging years ahead. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 


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(1) modernizing the air transportation system is a national priority and the 

United States must make a commitment to revitalizing this essential component of the Nation’s transportation infrastructure; 

(2) one fundamental requirement for the success of the NextGen System is 

strong leadership and sufficient resources; 

(3) the Joint Planning and Development Office of the Federal Aviation Administration and the Next Generation Air Transportation System Senior Policy 

Committee, each established by Congress in 2003, will lead and facilitate this 

important national mission to ensure that the programs and capabilities of the 

NextGen System are carefully integrated and aligned; 

(4) Government agencies and industry must work together, carefully integrating and aligning their work to meet the needs of the NextGen System in 

the development of budgets, programs, planning, and research; 

(5) the Department of Transportation, the Federal Aviation Administration, 

the Department of Defense, the Department of Homeland Security, the Department of Commerce, and the National Aeronautics and Space Administration 

must work in cooperation and make transformational improvements to the 

United States air transportation infrastructure a priority; and 

(6) due to the critical importance of the NextGen System to the economic and 

national security of the United States, partner departments and agencies must 

be provided with the resources required to complete the implementation of the 

NextGen System. 

SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE. 

(a) ESTABLISHMENT.— 

(1) ASSOCIATE ADMINISTRATOR FOR THE NEXT GENERATION AIR TRANSPOR- TATION SYSTEM.—Section 709(a) of Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2582) is amended— 

(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), 

and (5), respectively; and 

(B) by inserting after paragraph (1) the following: 

‘‘(2) The director of the Office shall be the Associate Administrator for the Next 

Generation Air Transportation System, who shall be appointed by the Administrator 

of the Federal Aviation Administration. The Associate Administrator shall report to 

the Administrator.’’. 

(2) RESPONSIBILITIES.—Section 709(a)(3) of such Act (as redesignated by paragraph (1) of this subsection) is amended— 

(A) in subparagraph (G) by striking ‘‘; and’’ and inserting a semicolon; 

(B) in subparagraph (H) by striking the period at the end and inserting 

a semicolon; and 

(C) by adding at the end the following: 

‘‘(I) establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System implementation activities and measuring actual operational experience against those goals, taking into account 

noise pollution reduction concerns of affected communities to the greatest 

extent practicable in establishing the environmental goals; 

‘‘(J) working to ensure global interoperability of the Next Generation Air 

Transportation System; 

‘‘(K) working to ensure the use of weather information and space weather 

information in the Next Generation Air Transportation System as soon as 

possible; 

‘‘(L) overseeing, with the Administrator of the Federal Aviation Administration, the selection of products or outcomes of research and development 

activities that would be moved to the next stage of a demonstration project; 

and 

‘‘(M) maintaining a baseline modeling and simulation environment for 

testing and evaluating alternative concepts to satisfy Next Generation Air 

Transportation enterprise architecture requirements.’’. 

(3) COOPERATION WITH OTHER FEDERAL AGENCIES.—Section 709(a)(4) of such 

Act (as redesignated by paragraph (1) of this subsection) is amended— 

(A) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; and 

(B) by adding at the end the following: 

‘‘(B) The Secretary of Defense, the Administrator of the National Aeronautics and 

Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for— 


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‘‘(i) carrying out the activities of the agency relating to the Next Generation 

Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing 

the integrated work plan described in subsection (b)(5); 

‘‘(ii) serving as a liaison for the agency in activities of the agency relating to 

the Next Generation Air Transportation System and coordinating with other 

Federal agencies involved in activities relating to the System; and 

‘‘(iii) ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the 

Next Generation Air Transportation System. 

‘‘(C) The head of a Federal agency referred to in subparagraph (B) shall ensure 

that— 

‘‘(i) the responsibilities of the agency relating to the Next Generation Air 

Transportation System are clearly communicated to the senior official of the 

agency designated under subparagraph (B); and 

‘‘(ii) the performance of the senior official in carrying out the responsibilities 

of the agency relating to the Next Generation Air Transportation System is reflected in the official’s annual performance evaluations and compensation. 

‘‘(D) The head of a Federal agency referred to in subparagraph (B) shall— 

‘‘(i) establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the 

designated official; and 

‘‘(ii) ensure that the designated official has sufficient budgetary authority and 

staff resources to carry out the agency’s Next Generation Air Transportation 

System responsibilities as set forth in the integrated plan under subsection (b). 

‘‘(E) Not later than 6 months after the date of enactment of this subparagraph, 

the head of each Federal agency that has responsibility for carrying out any activity 

under the integrated plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity.’’. 

(4) COORDINATION WITH OMB.—Section 709(a) of such Act (117 Stat. 2582) is 

further amended by adding at the end the following: 

‘‘(6)(A) The Office shall work with the Director of the Office of Management and 

Budget to develop a process whereby the Director will identify projects related to 

the Next Generation Air Transportation System across the agencies referred to in 

paragraph (4)(A) and consider the Next Generation Air Transportation System as 

a unified, cross-agency program. 

‘‘(B) The Director, to the maximum extent practicable, shall— 

‘‘(i) ensure that— 

‘‘(I) each Federal agency covered by the plan has sufficient funds requested in the President’s budget, as submitted under section 1105(a) of 

title 31, United States Code, for each fiscal year covered by the plan to 

carry out its responsibilities under the plan; and 

‘‘(II) the development and implementation of the Next Generation Air 

Transportation System remains on schedule; 

‘‘(ii) include, in the President’s budget, a statement of the portion of the estimated budget of each Federal agency covered by the plan that relates to the 

activities of the agency under the Next Generation Air Transportation System 

initiative; and 

‘‘(iii) identify and justify as part of the President’s budget submission any inconsistencies between the plan and amounts requested in the budget. 

‘‘(7) The Associate Administrator of the Next Generation Air Transportation System shall be a voting member of the Joint Resources Council of the Federal Aviation 

Administration.’’. 

(b) INTEGRATED PLAN.—Section 709(b) of such Act (117 Stat. 2583) is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘meets air’’ and inserting ‘‘meets anticipated future air’’; 

and 

(B) by striking ‘‘beyond those currently included in the Federal Aviation 

Administration’s operational evolution plan’’; 

(2) by striking ‘‘and’’ at the end of paragraph (3); 

(3) by striking the period at the end of paragraph (4) and inserting ‘‘; and’’; 

and 

(4) by adding at the end the following: 

‘‘(5) a multiagency integrated work plan for the Next Generation Air Transportation System that includes— 

‘‘(A) an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture 

documents, that identifies each Federal agency or other entity responsible 

for each activity in the outline; 


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‘‘(B) details on a year-by-year basis of specific accomplishments, activities, 

research requirements, rulemakings, policy decisions, and other milestones 

of progress for each Federal agency or entity conducting activities relating 

to the Next Generation Air Transportation System; 

‘‘(C) for each element of the Next Generation Air Transportation System, 

an outline, on a year-by-year basis, of what is to be accomplished in that 

year toward meeting the Next Generation Air Transportation System’s endstate architecture, as expressed in the concept of operations and enterprise 

architecture documents, as well as identifying each Federal agency or other 

entity that will be responsible for each component of any research, development, or implementation program; 

‘‘(D) an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity’s responsibility for 

costs and available resources, for each stage of development from the basic 

research stage through the demonstration and implementation phase; 

‘‘(E) a clear explanation of how each step in the development of the Next 

Generation Air Transportation System will lead to the following step and 

of the implications of not successfully completing a step in the time period 

described in the integrated work plan; 

‘‘(F) a transition plan for the implementation of the Next Generation Air 

Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system; 

‘‘(G) date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I); and 

‘‘(H) a description of potentially significant operational or workforce 

changes resulting from deployment of the Next Generation Air Transportation System.’’. 

(c) NEXTGEN IMPLEMENTATION PLAN.—Section 709(d) of such Act (117 Stat. 2584) 

is amended to read as follows: 

‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Administrator of the Federal Aviation 

Administration shall develop and publish annually the document known as the 

‘NextGen Implementation Plan’, or any successor document, that provides a detailed 

description of how the agency is implementing the Next Generation Air Transportation System.’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 709(e) of such Act (117 Stat. 

2584) is amended by striking ‘‘2010’’ and inserting ‘‘2012’’. 

(e) CONTINGENCY PLANNING.—The Associate Administrator for the Next Generation Air Transportation System shall, as part of the design of the System, develop 

contingency plans for dealing with the degradation of the System in the event of 

a natural disaster, major equipment failure, or act of terrorism. 

SEC. 203. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE. 

(a) MEETINGS.—Section 710(a) of Vision 100—Century of Aviation Reauthorization 

Act (49 U.S.C. 40101 note; 117 Stat. 2584) is amended by inserting before the period 

at the end the following ‘‘and shall meet at least twice each year’’. 

(b) ANNUAL REPORT.—Section 710 of such Act (117 Stat. 2584) is amended by adding at the end the following: 

‘‘(e) ANNUAL REPORT.— 

‘‘(1) SUBMISSION TO CONGRESS.—Not later than one year after the date of enactment of this subsection, and annually thereafter on the date of submission 

of the President’s budget request to Congress under section 1105(a) of title 31, 

United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Science and Technology of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the progress made in carrying out 

the integrated work plan required by section 709(b)(5) and any changes in that 

plan. 

‘‘(2) CONTENTS.—The report shall include— 

‘‘(A) a copy of the updated integrated work plan; 

‘‘(B) a description of the progress made in carrying out the integrated 

work plan and any changes in that plan, including any changes based on 

funding shortfalls and limitations set by the Office of Management and 

Budget; 

‘‘(C) a detailed description of— 

‘‘(i) the success or failure of each item of the integrated work plan 

for the previous year and relevant information as to why any milestone 

was not met; and 


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‘‘(ii) the impact of not meeting the milestone and what actions will 

be taken in the future to account for the failure to complete the milestone; 

‘‘(D) an explanation of any change to future years in the integrated work 

plan and the reasons for such change; and 

‘‘(E) an identification of the levels of funding for each agency participating 

in the integrated work plan devoted to programs and activities under the 

plan for the previous fiscal year and in the President’s budget request.’’. 

SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES. 

(a) REPORT ON FAA PROGRAM AND SCHEDULE.— 

(1) IN GENERAL.—The Administrator of the Federal Aviation Administration 

shall prepare a report detailing the program and schedule for integrating automatic dependent surveillance-broadcast (in this section referred to as ‘‘ADS-B’’) 

technology into the national airspace system. 

(2) CONTENTS.—The report shall include— 

(A) a description of segment 1 and segment 2 activity to acquire ADS-B 

services; 

(B) a description of plans for implementation of advanced operational procedures and ADS-B air-to-air applications; and 

(C) a detailed description of the protections that the Administration will 

require as part of any contract or program in the event of a contractor’s default, bankruptcy, acquisition by another entity, or any other event jeopardizing the uninterrupted provision of ADS-B services. 

(3) SUBMISSION TO CONGRESS.—Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate the report prepared 

under paragraph (1). 

(b) REQUIREMENTS OF FAA CONTRACTS FOR ADS-B SERVICES.—Any contract entered into by the Administrator with an entity to acquire ADS-B services shall contain terms and conditions that— 

(1) require approval by the Administrator before the contract may be assigned 

to or assumed by another entity, including any successor entity, subsidiary of 

the contractor, or other corporate entity; 

(2) provide that the assets, equipment, hardware, and software used in the 

performance of the contract be designated as critical national infrastructure for 

national security and related purposes; 

(3) require the contractor to provide continued broadcast services for a reasonable period, as determined by the Administrator, until the provision of such 

services can be transferred to another vendor or to the Government in the event 

of a termination of the contract; 

(4) require the contractor to provide continued broadcast services for a reasonable period, as determined by the Administrator, until the provision of such 

services can be transferred to another vendor or to the Government in the event 

of material nonperformance, as determined by the Administrator; and 

(5) permit the Government to acquire or utilize for a reasonable period, as determined by the Administrator, the assets, equipment, hardware, and software 

necessary to ensure the continued and uninterrupted provision of ADS-B services and to have ready access to such assets, equipment, hardware, and software through its own personnel, agents, or others, if the Administrator provides 

reasonable compensation for such acquisition or utilization. 

(c) REVIEW BY DOT INSPECTOR GENERAL.— 

(1) IN GENERAL.—The Inspector General of the Department of Transportation 

shall conduct a review concerning the Federal Aviation Administration’s award 

and oversight of any contract entered into by the Administration to provide 

ADS-B services for the national airspace system. 

(2) CONTENTS.—The review shall include, at a minimum— 

(A) an examination of how program risks are being managed; 

(B) an assessment of expected benefits attributable to the deployment of 

ADS-B services, including the implementation of advanced operational procedures and air-to-air applications as well as to the extent to which ground 

radar will be retained; 

(C) a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and 

maintenance requirements have been met by the contractor; 

(D) an assessment of whether the Administration and any contractors are 

meeting cost, schedule, and performance milestones, as measured against 


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the original baseline of the Administration’s program for providing ADS-B 

services; 

(E) an assessment of whether security issues are being adequately addressed in the overall design and implementation of the ADS-B system; and 

(F) any other matters or aspects relating to contract implementation and 

oversight that the Inspector General determines merit attention. 

(3) REPORTS TO CONGRESS.—The Inspector General shall periodically, on at 

least an annual basis, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the results of the review 

conducted under this subsection. 

SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION 

PROJECTS. 

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall 

establish a process for including in the planning, development, and deployment of 

air traffic control modernization projects (including the Next Generation Air Transportation System) and collaborating with qualified employees selected by each exclusive collective bargaining representative of employees of the Administration who are 

likely to be impacted by such planning, development, and deployment. 

(b) PARTICIPATION.— (1) BARGAINING OBLIGATIONS AND RIGHTS.—Participation in the process described in subsection (a) shall not be construed as a waiver of any bargaining 

obligations or rights under section 40122(a)(1) or 40122(g)(2)(C) of title 49, 

United States Code. 

(2) CAPACITY AND COMPENSATION.—Exclusive collective bargaining representatives and selected employees participating in the process described in subsection 

(a) shall— 

(A) serve in a collaborative and advisory capacity; and 

(B) receive appropriate travel and per diem expenses in accordance with 

the travel policies of the Administration in addition to any regular compensation and benefits. 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Administrator shall submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the implementation of this section. 

SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH TRANSFORMING TO THE NEXT 

GENERATION AIR TRANSPORTATION SYSTEM. 

(a) IN GENERAL.—The Comptroller General shall conduct a review of the progress 

and challenges associated with transforming the Nation’s air traffic control system 

into the Next Generation Air Transportation System (in this section referred to as 

the ‘‘NextGen System’’). 

(b) REVIEW.—The review shall include the following: 

(1) An evaluation of the continued implementation and institutionalization of 

the processes that are key to the ability of the Air Traffic Organization to effectively maintain management structures and systems acquisitions procedures 

utilized under the current air traffic control modernization program as a basis 

for the NextGen System. 

(2) An assessment of the progress and challenges associated with collaboration and contributions of the partner agencies working with the Joint Planning 

and Development Office of the Federal Aviation Administration (in this section 

referred to as the ‘‘JPDO’’) in planning and implementing the NextGen System. 

(3) The progress and challenges associated with coordinating government and 

industry stakeholders in activities relating to the NextGen System, including an 

assessment of the contributions of the NextGen Institute. 

(4) An assessment of planning and implementation of the NextGen System 

against established schedules, milestones, and budgets. 

(5) An evaluation of the recently modified organizational structure of the 

JPDO. 

(6) An examination of transition planning by the Air Traffic Organization and 

the JPDO. 

(7) Any other matters or aspects of planning and coordination of the NextGen 

System by the Federal Aviation Administration and the JPDO that the Comptroller General determines appropriate. 

(c) REPORTS.— 

(1) REPORT TO CONGRESS ON PRIORITIES.—Not later than one year after the 

date of enactment of this Act, the Comptroller General shall determine the priority of topics to be reviewed under this section and report such priorities to 

the Committee on Transportation and Infrastructure and the Committee on 


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Science and Technology of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate. 

(2) PERIODIC REPORTS TO CONGRESS ON RESULTS OF THE REVIEW.—The Comptroller General shall periodically submit to the committees referred to in paragraph (1) a report on the results of the review conducted under this section. 

SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANSPORTATION SYSTEM ACQUISITION 

AND PROCEDURES DEVELOPMENT. 

(a) STUDY.—The Comptroller General shall conduct a review of the progress made 

and challenges related to the acquisition of designated technologies and the development of procedures for the Next Generation Air Transportation System (in this section referred to as the ‘‘NextGen System’’). 

(b) SPECIFIC SYSTEMS REVIEW.—The review shall include, at a minimum, an examination of the acquisition costs, schedule, and other relevant considerations for 

the following systems: 

(1) En Route Automation Modernization (ERAM). 

(2) Standard Terminal Automation Replacement System/Common Automated 

Radar Terminal System (STARS/CARTS). 

(3) Automatic Dependent Surveillance-Broadcast (ADS-B). 

(4) System Wide Information Management (SWIM). 

(5) Traffic Flow Management Modernization (TFM-M). 

(c) REVIEW.—The review shall include, at a minimum, an assessment of the 

progress and challenges related to the development of standards, regulations, and 

procedures that will be necessary to implement the NextGen System, including required navigation performance, area navigation, the airspace management program, 

and other programs and procedures that the Comptroller General identifies as relevant to the transformation of the air traffic system. 

(d) PERIODIC REPORTS TO CONGRESS ON RESULTS OF THE REVIEW.—The Comptroller General shall periodically submit to the Committee on Transportation and 

Infrastructure and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the 

Senate a report on the results of the review conducted under this section. 

SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPERATIONAL AND APPROACH PROCEDURES BY A THIRD PARTY. 

(a) REVIEW.—The Inspector General of the Department of Transportation shall 

conduct a review regarding the effectiveness of the oversight activities conducted by 

the Federal Aviation Administration in connection with any agreement with or delegation of authority to a third party for the development of flight procedures, including public use procedures, for the national airspace system. 

(b) ASSESSMENTS.—The Inspector General shall include, at a minimum, in the review— 

(1) an assessment of the extent to which the Federal Aviation Administration 

is relying or intends to rely on a third party for the development of new procedures and a determination of whether the Administration has established sufficient mechanisms and staffing to provide safety oversight functions, which may 

include quality assurance processes, flight checks, integration of procedures into 

the National Aviation System, and operational assessments of procedures developed by third parties; and 

(2) an assessment regarding whether the Administration has sufficient existing personnel and technical resources or mechanisms to develop such flight procedures in a safe and efficient manner to meet the demands of the national airspace system without the use of third party resources. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the 

Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the review conducted under 

this section, including the assessments described in subsection (b). 

SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXT GENERATION AIR 

TRANSPORTATION SYSTEM. 

(a) REVIEW.—The Administrator of the Federal Aviation Administration shall 

enter into an arrangement with the National Research Council to review the enterprise architecture for the Next Generation Air Transportation System. 

(b) CONTENTS.—At a minimum, the review to be conducted under subsection (a) 

shall— 

(1) highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that 

will be necessary to successfully transition current and planned modernization 

programs to the future system envisioned by the Joint Planning and Development Office of the Administration; 


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(2) assess technical, cost, and schedule risk for the software development that 

will be necessary to achieve the expected benefits from a highly automated air 

traffic management system and the implications for ongoing modernization 

projects; and 

(3) include judgments on how risks with automation efforts for the Next Generation Air Transportation System can be mitigated based on the experiences 

of other public or private entities in developing complex, software-intensive systems. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the 

Administrator shall submit to Congress a report containing the results of the review 

conducted pursuant to subsection (a). 

SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 

Of amounts appropriated under section 48101(a) of title 49, United States Code, 

the Administrator of the Federal Aviation Administration shall use such sums as 

may be necessary for each of the fiscal years 2009 through 2012 to contribute to 

the establishment by a public-private partnership (including a university component 

with significant aviation expertise in air traffic management, simulation, meteorology, and engineering and aviation business) an airport-based testing site for existing Next Generation Air Transport System technologies. The Administrator shall 

ensure that next generation air traffic control integrated systems developed by private industries are installed at the site for demonstration, operational research, and 

evaluation by the Administration. The testing site shall serve a mix of general aviation and commercial traffic. 

SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS. 

Section 106(m) is amended in the last sentence by inserting ‘‘with or’’ before 

‘‘without reimbursement’’. 

SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 

Section 40102(a)(4) is amended— 

(1) by redesignating subparagraph (D) as subparagraph (E); 

(2) by striking subparagraphs (B) and (C) and inserting the following: 

‘‘(B) runway lighting and airport surface visual and other navigation aids; 

‘‘(C) aeronautical and meteorological information to air traffic control facilities or aircraft; 

‘‘(D) communication, navigation, or surveillance equipment for air-toground or air-to-air applications;’’; 

(3) in subparagraph (E) (as redesignated by paragraph (1) of this section)— 

(A) by striking ‘‘another structure’’ and inserting ‘‘any structure, equipment,’’; and 

(B) by striking the period at the end and inserting ‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(F) buildings, equipment, and systems dedicated to the national airspace 

system.’’. 

SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY. 

Section 40110(a)(2) is amended by striking ‘‘compensation’’ and inserting ‘‘compensation, and the amount received shall be credited as an offsetting collection to 

the account from which the amount was expended and shall remain available until 

expended’’. 

SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY. 

Section 40110(c) is amended— 

(1) by striking the semicolon at the end of paragraph (3) and inserting ‘‘; and’’; 

(2) by striking paragraph (4); and 

(3) by redesignating paragraph (5) as paragraph (4). 

SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES. 

Section 40113(e) is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘public and private’’ before ‘‘foreign aviation authorities’’; 

and 

(B) by striking the period at the end of the first sentence and inserting 

‘‘or efficiency. The Administrator may participate in, and submit offers in 

response to, competitions to provide such services and may contract with 

foreign aviation authorities to provide such services consistent with section 

106(l)(6). Notwithstanding any other provision of law or policy, the Administrator may accept payments received under this subsection in arrears.’’; 

and 


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(2) in paragraph (3) by striking ‘‘credited’’ and all that follows through the period at the end and inserting ‘‘credited as an offsetting collection to the account 

from which the expenses were incurred in providing such services and shall remain available until expended.’’. 

SEC. 216. FRONT LINE MANAGER STAFFING. 

(a) STUDY.—Not later than 90 days after the date of enactment of this Act, the 

Administrator of the Federal Aviation Administration shall initiate a study on front 

line manager staffing requirements in air traffic control facilities. 

(b) CONSIDERATIONS.—In conducting the study, the Administrator shall take into 

consideration— 

(1) the number of supervisory positions of operation requiring watch coverage 

in each air traffic control facility; 

(2) coverage requirements in relation to traffic demand; 

(3) facility type; 

(4) complexity of traffic and managerial responsibilities; 

(5) proficiency and training requirements; and 

(6) such other factors as the Administrator considers appropriate. 

(c) DETERMINATIONS.—The Administrator shall transmit any determinations made 

as a result of the study to the Chief Operating Officer for the air traffic control system. 

(d) REPORT.—Not later than one year after the date of enactment of this Act, the 

Administrator shall submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the study and a description 

of any determinations submitted to the Chief Operating Officer under subsection (c). 

SEC. 217. FLIGHT SERVICE STATIONS. 

(a) ESTABLISHMENT OF MONITORING SYSTEM.—Not later than 60 days after the 

date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop and implement a monitoring system for flight service specialist 

staffing and training under service contracts for flight service stations. 

(b) COMPONENTS.—At a minimum, the monitoring system shall include mechanisms to monitor— 

(1) flight specialist staffing plans for individual facilities; 

(2) actual staffing levels for individual facilities; 

(3) the initial and recurrent certification and training of flight service specialists on the safety, operational, and technological aspects of flight services, including any certification and training necessary to meet user demand; and 

(4) system outages, excessive hold times, dropped calls, poor quality briefings, 

and any other safety or customer service issues under a contract for flight service station services. 

(c) REPORT TO CONGRESS.—Not later than 90 days after the date of enactment of 

this Act, the Administrator shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report containing— 

(1) a description of monitoring system; 

(2) if the Administrator determines that contractual changes or corrective actions are required for the Administration to ensure that the vendor under a contract for flight service station services provides safe and high quality service to 

consumers, a description of the changes or actions required; and 

(3) a description of the contingency plans of the Administrator and the protections that the Administrator will have in place to provide uninterrupted flight 

service station services in the event of— 

(A) material non-performance of the contract; 

(B) a vendor’s default, bankruptcy, or acquisition by another entity; or 

(C) any other event that could jeopardize the uninterrupted provision of 

flight service station services. 

SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE. 

(a) ESTABLISHMENT.—Of the amount appropriated under section 48101(a) of title 

49, United States Code, the Administrator of the Federal Aviation Administration 

shall use such sums as may be necessary for each of fiscal years 2009 through 2012 

to contribute to the establishment of a center of excellence for the research and development of Next Generation Air Transportation System technologies. 

(b) FUNCTIONS.—The center established under subsection (a) shall— 

(1) leverage the centers of excellence program of the Federal Aviation Administration, as well as other resources and partnerships, to enhance the development of Next Generation Air Transportation System technologies within academia and industry; and 


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(2) provide educational, technical, and analytical assistance to the Federal 

Aviation Administration and other Federal agencies with responsibilities to research and develop Next Generation Air Transportation System technologies. 

SEC. 219. AIRSPACE REDESIGN. 

(a) FINDINGS.—Congress finds the following: 

(1) The airspace redesign efforts of the Federal Aviation Administration will 

play a critical near-term role in enhancing capacity, reducing delays, 

transitioning to more flexible routing, and ultimately saving money in fuel costs 

for airlines and airspace users. 

(2) The critical importance of airspace redesign efforts is underscored by the 

fact that they are highlighted in strategic plans of the Administration, including 

Flight Plan 2009–2013 and the document known as the ‘‘NextGen Implementation Plan’’. 

(3) Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts. 

(4) Several new runways planned for the period of fiscal years 2009 to 2012 

will not provide estimated capacity benefits without additional funds. 

(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized by 

section 106(k) of title 49, United States Code, there are authorized to be appropriated to the Administrator of the Federal Aviation Administration $14,500,000 for 

fiscal year 2009 and $20,000,000 for each of fiscal years 2010, 2011, and 2012 to 

carry out such airspace redesign initiatives as the Administrator determines appropriate. 

(c) ADDITIONAL AMOUNTS.—Of the amounts appropriated under section 48101(a) of such title, the Administrator may use $5,000,000 for each of fiscal years 2009, 

2010, 2011, and 2012 to carry out such airspace redesign initiatives as the Administrator determines appropriate. 

TITLE III—SAFETY 

Subtitle A—General Provisions 

SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES. 

(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 44703(d) is amended by adding at the end the following: 

‘‘(3) JUDICIAL REVIEW.—A person who is substantially affected by an order of 

the Board under this subsection, or the Administrator if the Administrator decides that an order of the Board will have a significant adverse impact on carrying out this subtitle, may seek judicial review of the order under section 

46110. The Administrator shall be made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if 

supported by substantial evidence.’’. 

(b) CONFORMING AMENDMENT.—Section 1153(c) is amended by striking ‘‘section 

44709 or’’ and inserting ‘‘section 44703(d), 44709, or’’. 

SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND SUPPLEMENTAL TYPE CERTIFICATES. 

(a) RELEASE OF DATA.—Section 44704(a) is amended by adding at the end the following: 

‘‘(5) RELEASE OF DATA.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Administrator may make available upon request to a person seeking to maintain the airworthiness of an aircraft, engine, propeller, or appliance, engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of record, if the Administrator determines that— 

‘‘(i) the certificate containing the requested data has been inactive for 

3 or more years; 

‘‘(ii) after using due diligence, the Administrator is unable to find the 

owner of record, or the owner of record’s heir, of the type certificate or 

supplemental certificate; and 

‘‘(iii) making such data available will enhance aviation safety. 

‘‘(B) ENGINEERING DATA DEFINED.—In this section, the term ‘engineering 

data’ as used with respect to an aircraft, engine, propeller, or appliance 

means type design drawing and specifications for the entire aircraft, engine, 

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ance, including the original design data, and any associated supplier data 

for individual parts or components approved as part of the particular certificate for the aircraft engine, propeller, or appliance.’’. 

(b) DESIGN ORGANIZATION CERTIFICATES.—Section 44704(e)(1) is amended by 

striking ‘‘Beginning 7 years after the date of enactment of this subsection,’’ and inserting ‘‘Beginning January 1, 2014,’’. 

SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 

(a) IN GENERAL.—Chapter 447 is amended by adding at the end the following: 

‘‘§ 44730. Inspection of foreign repair stations 

‘‘Not later than one year after the date of enactment of this section, and annually 

thereafter, the Administrator of the Federal Aviation Administration shall— 

(1) submit to Congress a certification that each foreign repair station that is 

certified by the Administrator under part 145 of title 14, Code of Federal Regulations, and performs work on air carrier aircraft or components has been inspected by safety inspectors of the Administration not fewer than 2 times in the 

preceding calendar year; and 

(2) modify the certification requirements under such part to include testing 

for the use of alcohol or a controlled substance in accordance with section 45102 

of any individual performing a safety-sensitive function at a foreign aircraft repair station, including an individual working at a station of a third-party with 

whom an air carrier contracts to perform work on air carrier aircraft or components.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

‘‘44730. Inspection of foreign repair stations.’’. 

SEC. 304. RUNWAY SAFETY. 

(a) STRATEGIC RUNWAY SAFETY PLAN.— 

(1) IN GENERAL.—Not later than 6 months after the date of enactment of this 

Act, the Administrator of the Federal Aviation Administration shall develop and 

submit to Congress a report containing a strategic runway safety plan. 

(2) CONTENTS OF PLAN.—The strategic runway safety plan— 

(A) shall include, at a minimum— 

(i) goals to improve runway safety; 

(ii) near- and longer-term actions designed to reduce the severity, 

number, and rate of runway incursions; 

(iii) timeframes and resources needed for the actions described in 

clause (ii); and 

(iv) a continuous evaluative process to track performance toward the 

goals referred to in clause (i); and 

(B) shall address the increased runway safety risk associated with the expected increased volume of air traffic. 

(b) PLAN FOR INSTALLATION AND DEPLOYMENT OF SYSTEMS TO PROVIDE ALERTS OF

POTENTIAL RUNWAY INCURSIONS.—Not later than December 31, 2009, the Administrator of the Federal Aviation Administration shall submit to Congress a report containing a plan for the installation and deployment of systems the Administration 

is installing to alert controllers or flight crews, or both, of potential runway incursions. The plan shall be integrated into the annual NextGen Implementation Plan 

document of the Administration or any successor document. 

SEC. 305. IMPROVED PILOT LICENSES. 

(a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, 

the Administrator of the Federal Aviation Administration shall begin to issue improved pilot licenses consistent with the requirements of title 49, United States 

Code, and title 14, Code of Federal Regulations. 

(b) REQUIREMENTS.—Improved pilots licenses issued under subsection (a) shall— 

(1) be resistant to tampering, alteration, and counterfeiting; 

(2) include a photograph of the individual to whom the license is issued; and 

(3) be capable of accommodating a digital photograph, a biometric identifier, 

or any other unique identifier that the Administrator considers necessary. 

(c) TAMPERING.—To the extent practical, the Administrator shall develop methods 

to determine or reveal whether any component or security feature of a license issued 

under subsection (a) has been tampered, altered, or counterfeited. 

(d) USE OF DESIGNEES.—The Administrator may use designees to carry out subsection (a) to the extent feasible in order to minimize the burdens on pilots. 

(e) REPORT.—Not later than 9 months after the date of enactment of this Act and 

every 6 months thereafter until September 30, 2012, the Administrator shall submit 

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tives and the Committee on Commerce, Science, and Transportation of the Senate 

a report on the issuance of improved pilot licenses under this section. 

SEC. 306. FLIGHT CREW FATIGUE. 

(a) IN GENERAL.—Not later than 3 months after the date of enactment of this Act, 

the Administrator of the Federal Aviation Administration shall conclude arrangements with the National Academy of Sciences for a study of pilot fatigue. 

(b) STUDY.—The study shall include consideration of— 

(1) research on pilot fatigue, sleep, and circadian rhythms; 

(2) sleep and rest requirements of pilots recommended by the National Aeronautics and Space Administration and the National Transportation Safety 

Board; and 

(3) Federal Aviation Administration and international standards regarding 

flight limitations and rest for pilots. 

(c) REPORT.—Not later than 18 months after initiating the study, the National 

Academy of Sciences shall submit to the Administrator a report containing its findings and recommendations regarding the study under subsections (a) and (b), including recommendations with respect to Federal Aviation Administration regulations governing flight time limitations and rest requirements for pilots. 

(d) RULEMAKING.—After the Administrator receives the report of the National 

Academy of Sciences, the Administrator shall consider the findings in the report and 

update as appropriate based on scientific data Federal Aviation Administration regulations governing flight time limitations and rest requirements for pilots. 

(e) FLIGHT ATTENDANT FATIGUE.— 

(1) STUDY.—The Administrator, acting through the Civil Aerospace Medical 

Institute, shall conduct a study on the issue of flight attendant fatigue. 

(2) CONTENTS.—The study shall include the following: 

(A) A survey of field operations of flight attendants. 

(B) A study of incident reports regarding flight attendant fatigue. 

(C) Field research on the effects of such fatigue. 

(D) A validation of models for assessing flight attendant fatigue. 

(E) A review of international policies and practices regarding flight limitations and rest of flight attendants. 

(F) An analysis of potential benefits of training flight attendants regarding fatigue. 

(3) REPORT.—Not later than June 30, 2010, the Administrator shall submit 

to Congress a report on the results of the study. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

such sums as may be necessary to carry out this section. 

SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FLIGHT ATTENDANTS ON 

BOARD AIRCRAFT. 

(a) IN GENERAL.—Chapter 447 (as amended by section 303 of this Act) is further 

amended by adding at the end the following: 

‘‘§ 44731. Occupational safety and health standards for flight attendants on 

board aircraft 

‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration 

shall prescribe and enforce standards and regulations to ensure the occupational 

safety and health of individuals serving as flight attendants in the cabin of an aircraft of an air carrier. 

‘‘(b) STANDARDS AND REGULATIONS.—Standards and regulations issued under this 

section shall require each air carrier operating an aircraft in air transportation— 

‘‘(1) to provide for an environment in the cabin of the aircraft that is free from 

hazards that could cause physical harm to a flight attendant working in the 

cabin; and 

‘‘(2) to meet minimum standards for the occupational safety and health of 

flight attendants who work in the cabin of the aircraft. 

‘‘(c) RULEMAKING.—In carrying out this section, the Administrator shall conduct 

a rulemaking proceeding to address, at a minimum, the following areas: 

‘‘(1) Record keeping. 

‘‘(2) Blood borne pathogens. 

‘‘(3) Noise. 

‘‘(4) Sanitation. 

‘‘(5) Hazard communication. 

‘‘(6) Anti-discrimination. 

‘‘(7) Access to employee exposure and medical records. 

‘‘(8) Temperature standards for the aircraft cabin. 

‘‘(d) REGULATIONS.— 


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‘‘(1) DEADLINE.—Not later than 3 years after the date of enactment of this 

section, the Administrator shall issue final regulations to carry out this section. 

‘‘(2) CONTENTS.—Regulations issued under this subsection shall address each 

of the issues identified in subsection (c) and others aspects of the environment 

of an aircraft cabin that may cause illness or injury to a flight attendant working in the cabin. 

‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPATIONAL SAFETY AND HEALTH HAZARDS.—Regulations issued under this subsection shall set forth clearly the circumstances under which an air carrier is required to take action to address occupational safety and health hazards. 

‘‘(e) ADDITIONAL RULEMAKING PROCEEDINGS.—After issuing regulations under subsection (c), the Administrator may conduct additional rulemaking proceedings as the 

Administrator determines appropriate to carry out this section. 

‘‘(f) OVERSIGHT.— 

‘‘(1) CABIN OCCUPATIONAL SAFETY AND HEALTH INSPECTORS.—The Administrator shall establish the position of Cabin Occupational Safety and Health Inspector within the Federal Aviation Administration and shall employ individuals with appropriate qualifications and expertise to serve in the position. 

‘‘(2) RESPONSIBILITIES.—Inspectors employed under this subsection shall be 

solely responsible for conducting proper oversight of air carrier programs implemented under this section. 

‘‘(g) CONSULTATION.—In developing regulations under this section, the Administrator shall consult with the Administrator of the Occupational Safety and Health 

Administration, labor organizations representing flight attendants, air carriers, and 

other interested persons. 

‘‘(h) SAFETY PRIORITY.—In developing and implementing regulations under this 

section, the Administrator shall give priority to the safe operation and maintenance 

of an aircraft. 

‘‘(i) FLIGHT ATTENDANT DEFINED.—In this section, the term ‘flight attendant’ has 

the meaning given that term by section 44728. 

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

such sums as may be necessary to carry out this section. Such sums shall remain 

available until expended.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 447 is amended by adding 

at the end the following: 

‘‘44731. Occupational safety and health standards for flight attendants on board aircraft.’’. 

SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS AREAS. 

(a) ESTABLISHMENT.—The Administrator of the Federal Aviation Administration 

may establish a pilot program to improve safety and efficiency by providing surveillance for aircraft flying outside of radar coverage in mountainous areas. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

such sums as may be necessary to carry out this section. Such sums shall remain 

available until expended. 

SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION TECHNOLOGY. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a review of off-airport, low-altitude aircraft weather observation technologies. 

(b) SPECIFIC REVIEW.—The review shall include, at a minimum, an examination 

of off-airport, low-altitude weather reporting needs, an assessment of technical alternatives (including automated weather observation stations), an investment analysis, 

and recommendations for improving weather reporting. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the 

Administrator shall submit to Congress a report containing the results of the review. 

SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS. 

(a) ISSUANCE OF REGULATIONS.—Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall 

issue regulations requiring that all covered maintenance work on aircraft used to 

provide air transportation under part 121 of title 14, Code of Federal Regulations, 

be performed by individuals in accordance with subsection (b). 

(b) PERSONS AUTHORIZED TO PERFORM CERTAIN WORK.—Covered maintenance 

work for a part 121 air carrier shall only be performed by— 

(1) an individual employed by the air carrier; 

(2) an individual employed by another part 121 air carrier; 

(3) an individual employed by a part 145 repair station; or 

(4) an individual employed by a company that provides contract maintenance 

workers to a part 145 repair station or part 121 air carrier, if the individual— 


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(A) meets the requirements of the part 145 repair station or the part 121 

air carrier; 

(B) works under the direct supervision and control of the part 145 repair 

station or part 121 air carrier; and 

(C) carries out the work in accordance with the part 121 air carrier’s 

maintenance manual and, if applicable, the part 145 certificate holder’s repair station and quality control manuals. 

(c) PLAN.— 

(1) DEVELOPMENT.—The Administrator shall develop a plan to— 

(A) require air carriers to identify and provide to the Administrator a 

complete listing of all noncertificated maintenance providers that perform, 

before the effective date of the regulations to be issued under subsection (a), 

covered maintenance work on aircraft used to provide air transportation 

under part 121 of title 14, Code of Federal Regulations; 

(B) validate the lists that air carriers provide under subparagraph (A) by 

sampling air carrier records, such as maintenance activity reports and general vendor listings; and 

(C) include surveillance and oversight by field inspectors of the Federal 

Aviation Administration for all noncertificated maintenance providers that 

perform covered maintenance work on aircraft used to provide air transportation in accordance with such part 121. 

(2) REPORT TO CONGRESS.—Not later than 6 months after the date of enactment of this Act, the Administrator shall transmit to Congress a report containing the plan developed under paragraph (1). 

(d) DEFINITIONS.—In this section, the following definitions apply: 

(1) COVERED MAINTENANCE WORK.—The term ‘‘covered maintenance work’’ 

means maintenance work that is essential, regularly scheduled, or a required 

inspection item, as determined by the Administrator. 

(2) PART 121 AIR CARRIER.—The term ‘‘part 121 air carrier’’ means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal 

Regulations. 

(3) PART 145 REPAIR STATION.—The term ‘‘part 145 repair station’’ means a repair station that holds a certificate issued under part 145 of title 14, Code of 

Federal Regulations. 

(4) NONCERTIFICATED MAINTENANCE PROVIDER.—The term ‘‘noncertificated 

maintenance provider’’ means a maintenance provider that does not hold a certificate issued under part 121 or part 145 of title 14 Code of Federal Regulations. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

such sums as may be necessary for the Administrator to hire additional field safety 

inspectors to ensure adequate and timely inspection of maintenance providers that 

perform covered maintenance work. 

SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS. 

(a) RULEMAKING PROCEEDING.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking proceeding for the purpose of issuing a proposed and final rule 

that revises the aircraft rescue and firefighting standards (‘‘ARFF’’) under part 139 

of title 14, Code of Federal Regulations, to improve the protection of the traveling 

public, other persons, aircraft, buildings, and the environment from fires and hazardous materials incidents. 

(b) CONTENTS OF PROPOSED AND FINAL RULE.—The proposed and final rule to be 

issued under subsection (a) shall address the following: 

(1) The mission of aircraft rescue and firefighting personnel, including responsibilities for passenger egress in the context of other Administration requirements. 

(2) The proper level of staffing. 

(3) The timeliness of a response. 

(4) The handling of hazardous materials incidents at airports. 

(5) Proper vehicle deployment. 

(6) The need for equipment modernization. 

(c) CONSISTENCY WITH VOLUNTARY CONSENSUS STANDARDS.—The proposed and 

final rule issued under subsection (a) shall be, to the extent practical, consistent 

with national voluntary consensus standards for aircraft rescue and firefighting 

services at airports. 

(d) ASSESSMENTS OF POTENTIAL IMPACTS.—In the rulemaking proceeding initiated 

under subsection (a), the Administrator shall assess the potential impact of any revisions to the firefighting standards on airports and air transportation service. 


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(e) INCONSISTENCY WITH STANDARDS.—If the proposed or final rule issued under 

subsection (a) is not consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports, the Administrator shall submit to 

the Office of Management and Budget an explanation of the reasons for such inconsistency in accordance with section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783). 

(f) FINAL RULE.—Not later than 24 months after the date of enactment of this Act, 

the Administrator shall issue the final rule required by subsection (a). 

Subtitle B—Unmanned Aircraft Systems 

SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION PLAN. 

(a) INTEGRATION PLAN.— 

(1) COMPREHENSIVE PLAN.—Not later than 9 months after the date of enactment of this Act, the Secretary, in consultation with representatives of the aviation industry, shall develop a comprehensive plan to safely integrate commercial 

unmanned aircraft systems into the national airspace system. 

(2) MINIMUM REQUIREMENTS.—In developing the plan under paragraph (1), 

the Secretary shall, at a minimum— 

(A) review technologies and research that will assist in facilitating the 

safe integration of commercial unmanned aircraft systems into the national 

airspace system; 

(B) provide recommendations or projections for the rulemaking to be conducted under subsection (b) to— 

(i) define the acceptable standards for operations and certification of 

commercial unmanned aircraft systems; 

(ii) ensure that any commercial unmanned aircraft system includes 

a detect, sense, and avoid capability; and 

(iii) develop standards and requirements for the operator, pilot, and 

programmer of a commercial unmanned aircraft system, including 

standards and requirements for registration and licensing; 

(C) recommend how best to enhance the technologies and subsystems necessary to effect the safe and routine operations of commercial unmanned 

aircraft systems in the national airspace system; and 

(D) recommend how a phased-in approach to the integration of commercial unmanned aircraft systems into the national airspace system can best 

be achieved and a timeline upon which such a phase-in shall occur. 

(3) DEADLINE.—The plan to be developed under paragraph (1) shall provide 

for the safe integration of commercial unmanned aircraft systems into the national airspace system as soon as possible, but not later than September 30, 

2013. 

(4) REPORT TO CONGRESS.—Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a copy of the plan developed under paragraph (1). 

(b) RULEMAKING.—Not later than 18 months after the date on which the integration plan is submitted to Congress under subsection (a)(4), the Administrator of the 

Federal Aviation Administration shall publish in the Federal Register a notice of 

proposed rulemaking to implement the recommendations of the integration plan. 

(c) AUTHORIZATION.—There are authorized to be appropriated such sums as may 

be necessary to carry out this section. 

SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS. 

(a) IN GENERAL.—Notwithstanding the requirements of sections 321 and 323, and 

not later than 6 months after the date of enactment of this Act, the Secretary shall 

determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 

321 or the guidance required by section 323. 

(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making the determination 

under subsection (a), the Secretary shall determine, at a minimum— 

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and population 

areas, and operation within visual line-of-sight do not create a hazard to users 

of the national airspace system or the public or pose a threat to national security; and 

(2) whether a certificate of authorization or an airworthiness certification 

under section 44704 of title 49, United States Code, is required for the operation 

of unmanned aircraft systems identified under paragraph (1). 


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(c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft systems in the national airspace system. 

SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 

Not later than 9 months after the date of enactment of this Act, the Secretary 

shall issue guidance regarding the operation of public unmanned aircraft systems 

to— 

(1) expedite the issuance of a certificate of authorization process; 

(2) provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analysis and data become available and until 

standards are completed and technology issues are resolved; and 

(3) facilitate the capability of public agencies to develop and use test ranges, 

subject to operating restrictions required by the Federal Aviation Administration, to test and operate unmanned aircraft systems. 

SEC. 324. DEFINITIONS. 

In this subtitle, the following definitions apply: 

(1) CERTIFICATE OF AUTHORIZATION.—The term ‘‘certificate of authorization’’ 

means a Federal Aviation Administration grant of approval for a specific flight 

operation. 

(2) DETECT, SENSE, AND AVOID CAPABILITY.—The term ‘‘detect, sense, and 

avoid capability’’ means the technical capability to perform separation assurance and collision avoidance, as defined by the Federal Aviation Administration. 

(3) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The term ‘‘public unmanned aircraft system’’ means an unmanned aircraft system that meets the qualifications 

and conditions required for operation of a public aircraft, as defined by section 

40102 of title 49, United States Code. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. 

(5) TEST RANGE.—The term ‘‘test range’’ means a defined geographic area 

where research and development are conducted. 

(6) UNMANNED AIRCRAFT.—The term ‘‘unmanned aircraft’’ means an aircraft 

that is operated without the possibility of direct human intervention from within or on the aircraft. 

(7) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned aircraft system’’ 

means an unmanned aircraft and associated elements (such as communication 

links and a ground control station) that are required to operate safely and efficiently in the national airspace system. 

Subtitle C—Safety and Protections 

SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE. 

Section 106 of title 49, United States Code, is amended by adding at the end the 

following: 

‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.— 

‘‘(1) ESTABLISHMENT.—There is established in the Federal Aviation Administration (in this section referred to as the ‘Agency’) an Aviation Safety Whistleblower Investigation Office (in this subsection referred to as the ‘Office’). 

‘‘(2) DIRECTOR.— 

‘‘(A) APPOINTMENT.—The head of the Office shall be the Director, who 

shall be appointed by the Secretary of Transportation. 

‘‘(B) QUALIFICATIONS.—The Director shall have a demonstrated ability in 

investigations and knowledge of or experience in aviation. 

‘‘(C) TERM.—The Director shall be appointed for a term of 5 years. 

‘‘(D) VACANCY.—Any individual appointed to fill a vacancy in the position 

of the Director occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder 

of that term. 

‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 

‘‘(A) AUTHORITY OF DIRECTOR.—The Director shall— 

‘‘(i) receive complaints and information submitted by employees of 

persons holding certificates issued under title 14, Code of Federal Regulations, and employees of the Agency concerning the possible existence 

of an activity relating to a violation of an order, regulation, or standard 

of the Agency or any other provision of Federal law relating to aviation 

safety; 


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‘‘(ii) assess complaints and information submitted under clause (i) 

and determine whether a substantial likelihood exists that a violation 

of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred; and 

‘‘(iii) based on findings of the assessment conducted under clause (ii), 

make recommendations to the Administrator in writing for further investigation or corrective actions. 

‘‘(B) DISCLOSURE OF IDENTITIES.—The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless— 

‘‘(i) the individual consents to the disclosure in writing; or 

‘‘(ii) the Director determines, in the course of an investigation, that 

the disclosure is unavoidable. 

‘‘(C) INDEPENDENCE OF DIRECTOR.—The Secretary, the Administrator, or 

any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted subparagraph (A)(i) or from reporting to 

Congress on any such assessment. 

‘‘(D) ACCESS TO INFORMATION.—In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director 

shall have access to all records, reports, audits, reviews, documents, papers, 

recommendations, and other material necessary to determine whether a 

substantial likelihood exists that a violation of an order, regulation, or 

standard of the Agency or any other provision of Federal law relating to 

aviation safety may have occurred. 

‘‘(4) RESPONSES TO RECOMMENDATIONS.—The Administrator shall respond to 

a recommendation made by the Director under subparagraph (A)(iii) in writing 

and retain records related to any further investigations or corrective actions 

taken in response to the recommendation. 

‘‘(5) INCIDENT REPORTS.—If the Director determines there is a substantial 

likelihood that a violation of an order, regulation, or standard of the Agency or 

any other provision of Federal law relating to aviation safety may have occurred 

that requires immediate corrective action, the Director shall report the potential 

violation expeditiously to the Administrator and the Inspector General of the 

Department of Transportation. 

‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO INSPECTOR GENERAL.—If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General. 

‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later than October 1 of each year, 

the Director shall submit to Congress a report containing— 

‘‘(A) information on the number of submissions of complaints and information received by the Director under paragraph (3)(A)(i) in the preceding 

12-month period; 

‘‘(B) summaries of those submissions; 

‘‘(C) summaries of further investigations and corrective actions recommended in response to the submissions; and 

‘‘(D) summaries of the responses of the Administrator to such recommendations.’’. 

SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIATIVE. 

(a) FINDINGS.—Congress finds the following: 

(1) Subsections (a) and (d) of section 40101 of title 49, United States Code, 

directs the Federal Aviation Administration (in this section referred to as the 

‘‘Agency’’) to make safety its highest priority. 

(2) In 1996, to ensure that there would be no appearance of a conflict of interest for the Agency in carrying out its safety responsibilities, Congress amended 

section 40101(d) of such title to remove the responsibilities of the Agency to promote airlines. 

(3) Despite these directives from Congress regarding the priority of safety, the 

Agency issued a vision statement in which it stated that it has a ‘‘vision’’ of 

‘‘being responsive to our customers and accountable to the public’’ and, in 2003, 

issued a customer service initiative that required aviation inspectors to treat air 

carriers and other aviation certificate holders as ‘‘customers’’ rather than regulated entities. 

(4) The initiatives described in paragraph (3) appear to have given regulated 

entities and Agency inspectors the impression that the management of the 

Agency gives an unduly high priority to the satisfaction of regulated entities reVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00034 Fmt 6659 Sfmt 6621 E:\HR\OC\HR119P1.XXX HR119P1

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garding its inspection and certification decisions and other lawful actions of its 

safety inspectors. 

(5) As a result of the emphasis on customer satisfaction, some managers of 

the Agency have discouraged vigorous enforcement and replaced inspectors 

whose lawful actions adversely affected an air carrier. 

(b) MODIFICATION OF INITIATIVE.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall 

modify the customer service initiative, mission and vision statements, and other 

statements of policy of the Agency— 

(1) to remove any reference to air carriers or other entities regulated by the 

Agency as ‘‘customers’’; 

(2) to clarify that in regulating safety the only customers of the Agency are 

individuals traveling on aircraft; and 

(3) to clarify that air carriers and other entities regulated by the Agency do 

not have the right to select the employees of the Agency who will inspect their 

operations. 

(c) SAFETY PRIORITY.—In carrying out the Administrator’s responsibilities, the Administrator shall ensure that safety is given a higher priority than preventing the 

dissatisfaction of an air carrier or other entity regulated by the Agency with an employee of the Agency. 

SEC. 333. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS. 

(a) IN GENERAL.—Section 44711 of title 49, United States Code, is amended by 

adding at the end the following: 

‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.— 

‘‘(1) PROHIBITION.—A person holding an operating certificate issued under 

title 14, Code of Federal Regulations, may not knowingly employ, or make a 

contractual arrangement which permits, an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation 

Administration (in this subsection referred to as the ‘Agency’) if the individual, 

in the preceding 2-year period— 

‘‘(A) served as, or was responsible for oversight of, a flight standards inspector of the Agency; and 

‘‘(B) had responsibility to inspect, or oversee inspection of, the operations 

of the certificate holder. 

‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.—For purposes of paragraph (1), an 

individual shall be considered to be acting as an agent or representative of a 

certificate holder in a matter before the Agency if the individual makes any 

written or oral communication on behalf of the certificate holder to the Agency 

(or any of its officers or employees) in connection with a particular matter, 

whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter 

while serving as a flight standards inspector of the Agency.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) shall not apply to an 

individual employed by a certificate holder as of the date of enactment of this Act. 

SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS. 

(a) IN GENERAL.—An individual serving as a principal supervisory inspector of the 

Federal Aviation Administration (in this section referred to as the ‘‘Agency’’) may 

not be responsible for overseeing the operations of a single air carrier for a continuous period of more than 5 years. 

(b) TRANSITIONAL PROVISION.—An individual serving as a principal supervisory inspector of the Agency with respect to an air carrier as of the date of enactment of 

this Act may be responsible for overseeing the operations of the carrier until the 

last day of the 5-year period specified in subsection (a) or last day of the 2-year period beginning on such date of enactment, whichever is later. 

(c) ISSUANCE OF ORDER.—Not later than 30 days after the date of enactment of 

this Act, the Administrator of the Federal Aviation Administration shall issue an 

order to carry out this section. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Administrator such sums as may be necessary to carry out this section. 

SEC. 335. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE. 

(a) REVIEWS.—The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the 

Federal Aviation Administration (in this section referred to as the ‘‘Agency’’) is reviewed by a team of employees of the Agency on a monthly basis to ensure that— 

(1) any trends in regulatory compliance are identified; and 


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(2) appropriate corrective actions are taken in accordance with Agency regulations, advisory directives, policies, and procedures. 

(b) MONTHLY TEAM REPORTS.— (1) IN GENERAL.—The team of employees conducting a monthly review of the 

air transportation oversight system database under subsection (a) shall submit 

to the Administrator, the Associate Administrator for Aviation Safety, and the 

Director of Flight Standards a report on the results of the review. 

(2) CONTENTS.—A report submitted under paragraph (1) shall identify— 

(A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and 

(B) any corrective actions taken or proposed to be taken in response to 

the trends. 

(c) QUARTERLY REPORTS TO CONGRESS.—The Administrator, on a quarterly basis, 

shall submit to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate a report on the results of reviews of the air transportation oversight 

system database conducted under this section, including copies of reports received 

under subsection (b). 

SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM. 

(a) VOLUNTARY DISCLOSURE REPORTING PROGRAM DEFINED.—In this section, the 

term ‘‘Voluntary Disclosure Reporting Program’’ means the program established by 

the Federal Aviation Administration through Advisory Circular 00–58A, dated September 8, 2006, including any subsequent revisions thereto. 

(b) VERIFICATION.—The Administrator of the Federal Aviation Administration 

shall modify the Voluntary Disclosure Reporting Program to require inspectors to— 

(1) verify that air carriers implement comprehensive solutions to correct the 

underlying causes of the violations voluntarily disclosed by such air carriers; 

and 

(2) confirm, before approving a final report of a violation, that the violation, 

or another violation occurring under the same circumstances, has not been previously discovered by an inspector or self-disclosed by the air carrier. 

(c) SUPERVISORY REVIEW OF VOLUNTARY SELF DISCLOSURES.—The Administrator 

shall establish a process by which voluntary self-disclosures received from air carriers are reviewed and approved by a supervisor after the initial review by an inspector. 

(d) GAO STUDY.— 

(1) IN GENERAL.—The Comptroller General shall conduct a study of the Voluntary Disclosure Reporting Program. 

(2) REVIEW.—In conducting the study, the Comptroller General shall examine, 

at a minimum, whether— 

(A) there is evidence that voluntary disclosure is resulting in regulated 

entities discovering and correcting violations to a greater extent than would 

otherwise occur if there was no program for immunity from enforcement action; 

(B) the voluntary disclosure program makes the Federal Aviation Administration (FAA) aware of violations that the FAA would not have discovered 

if there was not a program, and if a violation is disclosed voluntarily, 

whether the FAA insists on stronger corrective actions than would have occurred if the regulated entity knew of a violation, but FAA did not; 

(C) the information the FAA gets under the program leads to fewer violations by other entities, either because the information leads other entities 

to look for similar violations or because the information leads FAA investigators to look for similar violations at other entities; and 

(D) there is any evidence that voluntary disclosure has improved compliance with regulations, either for the entities making disclosures or for the 

industry generally. 

(3) REPORT.—Not later than one year after the date of enactment of this Act, 

the Comptroller General shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and Committee on Commerce, 

Science, and Transportation of the Senate a report on the results of the study 

conducted under this section. 

TITLE IV—AIR SERVICE IMPROVEMENTS 

SEC. 401. MONTHLY AIR CARRIER REPORTS. 

(a) IN GENERAL.—Section 41708 is amended by adding at the end the following: 

‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 


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‘‘(1) MONTHLY REPORTS.—The Secretary shall require an air carrier referred 

to in paragraph (2) to file with the Secretary a monthly report on each flight 

of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at 

which the flight originates but is cancelled before wheels-off time. 

‘‘(2) APPLICABILITY.—An air carrier that is required to file a monthly airline 

service quality performance report under subsection (b) shall be subject to the 

requirement of paragraph (1). 

‘‘(3) CONTENTS.—A monthly report filed by an air carrier under paragraph (1) 

shall include, at a minimum, the following information: 

‘‘(A) For a diverted flight— 

‘‘(i) the flight number of the diverted flight; 

‘‘(ii) the scheduled destination of the flight; 

‘‘(iii) the date and time of the flight; 

‘‘(iv) the airport to which the flight was diverted; 

‘‘(v) wheels-on time at the diverted airport; 

‘‘(vi) the time, if any, passengers deplaned the aircraft at the diverted 

airport; and 

‘‘(vii) if the flight arrives at the scheduled destination airport— 

‘‘(I) the gate-departure time at the diverted airport; 

‘‘(II) the wheels-off time at the diverted airport; 

‘‘(III) the wheels-on time at the scheduled arrival airport; and 

‘‘(IV) the gate arrival time at the scheduled arrival airport. 

‘‘(B) For flights cancelled after gate departure— 

‘‘(i) the flight number of the cancelled flight; 

‘‘(ii) the scheduled origin and destination airports of the cancelled 

flight; 

‘‘(iii) the date and time of the cancelled flight; 

‘‘(iv) the gate-departure time of the cancelled flight; and 

‘‘(v) the time the aircraft returned to the gate. 

‘‘(4) PUBLICATION.—The Secretary shall compile the information provided in 

the monthly reports filed pursuant to paragraph (1) in a single monthly report 

and publish such report on the website of the Department of Transportation.’’. 

(b) EFFECTIVE DATE.—The Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a) beginning not later than 

90 days after the date of enactment of this Act. 

SEC. 402. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT. 

(a) BEYOND PERIMETER EXEMPTIONS.—Section 41718(a) is amended by striking 

‘‘24’’ and inserting ‘‘34’’. 

(b) LIMITATIONS.—Section 41718(c)(2) is amended by striking ‘‘3 operations’’ and 

inserting ‘‘5 operations’’. 

(c) ALLOCATION OF BEYOND-PERIMETER EXEMPTIONS.—Section 41718(c) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) SLOTS.—The Administrator of the Federal Aviation Administration shall 

reduce the hourly air carrier slot quota for Ronald Reagan Washington National 

Airport in section 93.123(a) of title 14, Code of Federal Regulations, by a total 

of 10 slots that are available for allocation. Such reductions shall be taken in 

the 6:00 a.m., 10:00 p.m., or 11:00 p.m. hours, as determined by the Administrator, in order to grant exemptions under subsection (a).’’. 

(d) SCHEDULING PRIORITY.—Section 41718 is amended— 

(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and 

(2) by inserting after subsection (d) the following: 

‘‘(e) SCHEDULING PRIORITY.—Operations conducted by new entrant air carriers 

and limited incumbent air carriers shall be afforded a scheduling priority over operations conducted by other air carriers granted exemptions pursuant to this section, 

with the highest scheduling priority to be afforded to beyond-perimeter operations 

conducted by new entrant air carriers and limited incumbent air carriers.’’. 

SEC. 403. EAS CONTRACT GUIDELINES. 

(a) COMPENSATION GUIDELINES.—Section 41737(a)(1) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (B); 

(2) in subparagraph (C) by striking the period at the end and inserting a 

semicolon; and 

(3) by adding at the end the following: 


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‘‘(D) include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract 

based on specified performance goals, including goals related to improving ontime performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient connections to flights providing service beyond hub airports, and increasing 

marketing efforts; and 

‘‘(E) include provisions under which the Secretary may execute a long-term 

essential air service contract to encourage an air carrier to provide air service 

to an eligible place if it would be in the public interest to do so.’’. 

(b) DEADLINE FOR ISSUANCE OF REVISED GUIDANCE.—Not later than 90 days after 

the date of enactment of this Act, the Secretary of Transportation shall issue revised 

guidelines governing the rate of compensation payable under subchapter II of chapter 417 of title 49, United States Code, that incorporate the amendments made by 

subsection (a). 

(c) REPORT.—Not later than 2 years after the date of issuance of revised guidelines pursuant to subsection (b), the Secretary shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the extent to which the revised guidelines have been implemented and the impact, if any, 

such implementation has had on air carrier performance and community satisfaction with air service for which compensation is being paid under subchapter II of 

chapter 417 of title 49, United States Code. 

SEC. 404. ESSENTIAL AIR SERVICE REFORM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 41742(a)(2) of title 49, United 

States Code, is amended by striking ‘‘there is authorized to be appropriated 

$77,000,000’’ and inserting ‘‘there is authorized to be appropriated out of the Airport 

and Airway Trust Fund $150,000,000’’. 

(b) DISTRIBUTION OF EXCESS FUNDS.— (1) IN GENERAL.—Section 41742(a) is amended by adding at the end the following: 

‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of the funds, if any, credited to the account established under section 45303 in a fiscal year that exceed the 

$50,000,000 made available for such fiscal year under paragraph (1)— 

‘‘(A) one-half shall be made available immediately for obligation and expenditure to carry out section 41743; and 

‘‘(B) one-half shall be made available immediately for obligation and expenditure to carry out subsection (b).’’. 

(2) CONFORMING AMENDMENT.—Section 41742(b) is amended— 

(A) in the first sentence by striking ‘‘moneys credited’’ and all that follows 

before ‘‘shall be used’’ and inserting ‘‘amounts made available under subsection (a)(4)(B)’’; and 

(B) in the second sentence by striking ‘‘any amounts from those fees’’ and 

inserting ‘‘any of such amounts’’. 

SEC. 405. SMALL COMMUNITY AIR SERVICE. 

(a) PRIORITIES.—Section 41743(c)(5) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (D); 

(2) in subparagraph (E) by striking ‘‘fashion.’’ and inserting ‘‘fashion; and’’; 

and 

(3) by adding at the end the following: 

‘‘(F) multiple communities cooperate to submit a regional or multistate 

application to improve air service.’’. 

(b) EXTENSION OF AUTHORIZATION.—Section 41743(e)(2) is amended by striking 

‘‘2009’’ and inserting ‘‘2012’’. 

SEC. 406. AIR PASSENGER SERVICE IMPROVEMENTS. 

(a) IN GENERAL.—Subtitle VII is amended by inserting after chapter 421 the following: 

‘‘CHAPTER 423—AIR PASSENGER SERVICE IMPROVEMENTS 

‘‘Sec. 

‘‘42301. Emergency contingency plans. 

‘‘42302. Consumer complaints. 

‘‘42303. Use of insecticides in passenger aircraft. 

‘‘§ 42301. Emergency contingency plans 

‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT PLANS.—Not later than 90 days 

after the date of enactment of this section, each air carrier providing covered air 


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transportation at a large hub airport or medium hub airport and each operator of 

a large hub airport or medium hub airport shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance 

with the requirements of this section. 

‘‘(b) COVERED AIR TRANSPORTATION DEFINED.—In this section, the term ‘covered 

air transportation’ means scheduled passenger air transportation provided by an air 

carrier using aircraft with more than 30 seats. 

‘‘(c) AIR CARRIER PLANS.— 

‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air carrier shall submit an emergency contingency plan under subsection (a) for— 

‘‘(A) each large hub airport and medium hub airport at which the carrier 

provides covered air transportation; and 

‘‘(B) each large hub airport and medium hub airport at which the carrier 

has flights for which it has primary responsibility for inventory control. 

‘‘(2) CONTENTS.—An emergency contingency plan submitted by an air carrier 

for an airport under subsection (a) shall contain a description of how the air 

carrier will— 

‘‘(A) provide food, water that meets the standards of the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.), restroom facilities, cabin ventilation, and 

access to medical treatment for passengers onboard an aircraft at the airport that is on the ground for an extended period of time without access 

to the terminal; 

‘‘(B) allow passengers to deplane following excessive delays; and 

‘‘(C) share facilities and make gates available at the airport in an emergency. 

‘‘(d) AIRPORT PLANS.—An emergency contingency plan submitted by an airport operator under subsection (a) shall contain— 

‘‘(1) a description of how the airport operator, to the maximum extent practicable, will provide for the deplanement of passengers following excessive 

delays and will provide for the sharing of facilities and make gates available 

at the airport in an emergency; and 

‘‘(2) in the case of an airport that is used by an air carrier or foreign air carrier for flights in foreign air transportation, a description of how the airport operator will provide for use of the airport’s terminal, to the maximum extent 

practicable, for the processing of passengers arriving at the airport on such a 

flight in the case of an excessive tarmac delay. 

‘‘(e) UPDATES.— 

‘‘(1) AIR CARRIERS.—An air carrier shall update the emergency contingency 

plan submitted by the air carrier under subsection (a) every 3 years and submit 

the update to the Secretary for review and approval. 

‘‘(2) AIRPORTS.—An airport operator shall update the emergency contingency 

plan submitted by the airport operator under subsection (a) every 5 years and 

submit the update to the Secretary for review and approval. 

‘‘(f) APPROVAL.— 

‘‘(1) IN GENERAL.—Not later than 9 months after the date of enactment of this 

section, the Secretary shall review and approve or require modifications to 

emergency contingency plans submitted under subsection (a) and updates submitted under subsection (e) to ensure that the plans and updates will effectively 

address emergencies and provide for the health and safety of passengers. 

‘‘(2) CIVIL PENALTIES.—The Secretary may assess a civil penalty under section 

46301 against an air carrier or airport that does not adhere to an emergency 

contingency plan approved under this subsection. 

‘‘(g) MINIMUM STANDARDS.—The Secretary may establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required 

to be submitted under this section. 

‘‘(h) PUBLIC ACCESS.—An air carrier or airport required to submit emergency contingency plans under this section shall ensure public access to such plan after its 

approval under this section on the Internet website of the carrier or airport or by 

such other means as determined by the Secretary. 

‘‘§ 42302. Consumer complaints 

‘‘(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE NUMBER.—The Secretary of 

Transportation shall establish a consumer complaints hotline telephone number for 

the use of passengers in air transportation. 

‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the public of the telephone number established under subsection (a). 

‘‘(c) NOTICE TO PASSENGERS OF AIR CARRIERS.—An air carrier providing scheduled 

air transportation using aircraft with 30 or more seats shall include on the Internet 


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Web site of the carrier and on any ticket confirmation and boarding pass issued by 

the air carrier— 

‘‘(1) the hotline telephone number established under subsection (a); 

‘‘(2) the email address, telephone number, and mailing address of the air carrier; and 

‘‘(3) the email address, telephone number, and mailing address of the Aviation 

Consumer Protection Division of the Department of Transportation for the submission of reports by passengers about air travel service problems. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall 

remain available until expended. 

‘‘§ 42303. Use of insecticides in passenger aircraft 

‘‘(a) INFORMATION TO BE PROVIDED ON THE INTERNET.—The Secretary shall establish, and make available to the general public, an Internet Web site that contains 

a listing of countries that may require an air carrier or foreign air carrier to treat 

an aircraft passenger cabin with insecticides prior to a flight in foreign air transportation to that country or to apply an aerosol insecticide in an aircraft cabin used 

for such a flight when the cabin is occupied with passengers. 

‘‘(b) REQUIRED DISCLOSURES.—An air carrier, foreign air carrier, or ticket agent 

selling, in the United States, a ticket for a flight in foreign air transportation to a 

country listed on the Internet Web site established under subsection (a) shall— 

‘‘(1) disclose, on its own Internet Web site or through other means, that the 

destination country may require the air carrier or foreign air carrier to treat 

an aircraft passenger cabin with insecticides prior to the flight or to apply an 

aerosol insecticide in an aircraft cabin used for such a flight when the cabin is 

occupied with passengers; and 

‘‘(2) refer the purchaser of the ticket to the Internet Web site established 

under subsection (a) for additional information.’’. 

(b) CLERICAL AMENDMENT.—The analysis for subtitle VII is amended by inserting 

after the item relating to chapter 421 the following: 

‘‘423. Air Passenger Service Improvements ........................................................................................................ 42301’’. 

(c) PENALTIES.—Section 46301 is amended in subsections (a)(1)(A) and (c)(1)(A) by 

inserting ‘‘chapter 423,’’ after ‘‘chapter 421,’’. 

(d) APPLICABILITY OF REQUIREMENTS.—Except as otherwise specifically provided, 

the requirements of chapter 423 of title 49, United States Code, as added by this 

section, shall begin to apply 60 days after the date of enactment of this Act. 

SEC. 407. CONTENTS OF COMPETITION PLANS. 

Section 47106(f)(2) is amended— 

(1) by striking ‘‘patterns of air service,’’; 

(2) by inserting ‘‘and’’ before ‘‘whether’’; and 

(3) by striking ‘‘, and airfare levels’’ and all that follows before the period. 

SEC. 408. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

Section 47107(s)(3) is amended by striking ‘‘April 1, 2009’’ and inserting ‘‘September 30, 2012’’. 

SEC. 409. CONTRACT TOWER PROGRAM. 

(a) COST-BENEFIT REQUIREMENT.—Section 47124(b) is amended— 

(1) by striking ‘‘(1) The Secretary’’ and inserting the following: 

‘‘(1) CONTRACT TOWER PROGRAM.— 

‘‘(A) CONTINUATION AND EXTENSION.—The Secretary’’; 

(2) by adding at the end of paragraph (1) the following: 

‘‘(B) SPECIAL RULE.—If the Secretary determines that a tower already operating under the program continued under this paragraph has a benefit 

to cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction over the airport shall not be required to pay the 

portion of the costs that exceeds the benefit for a period of 18 months after 

such determination is made. 

‘‘(C) USE OF EXCESS FUNDS.—If the Secretary finds that all or part of an 

amount made available to carry out the program continued under this paragraph is not required during a fiscal year, the Secretary may use, during 

such fiscal year, the amount not so required to carry out the program established under paragraph (3).’’; and 

(3) by striking ‘‘(2) The Secretary’’ and inserting the following: 

‘‘(2) GENERAL AUTHORITY.—The Secretary’’. 

(b) CONTRACT AIR TRAFFIC CONTROL TOWER COST-SHARING PROGRAM.— 

(1) FUNDING.—Section 47124(b)(3)(E) is amended— 

(A) by striking ‘‘and’’; and 


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(B) by inserting ‘‘, $8,500,000 for fiscal year 2008, $9,000,000 for fiscal 

year 2009, $9,500,000 for fiscal year 2010, $10,000,000 for fiscal year 2011, 

and $10,000,000 for fiscal year 2012’’ after ‘‘2007’’. 

(2) USE OF EXCESS FUNDS.—Section 47124(b)(3) is amended— 

(A) by redesignating subparagraph (E) (as amended by paragraph (1) of 

this subsection) as subparagraph (F); and 

(B) by inserting after subparagraph (D) the following: 

‘‘(E) USE OF EXCESS FUNDS.—If the Secretary finds that all or part of an 

amount made available under this subparagraph is not required during a 

fiscal year to carry out this paragraph, the Secretary may use, during such 

fiscal year, the amount not so required to carry out the program continued 

under paragraph (1).’’. 

(c) FEDERAL SHARE.—Section 47124(b)(4)(C) is amended by striking ‘‘$1,500,000’’ 

and inserting ‘‘$2,000,000’’. 

(d) SAFETY AUDITS.—Section 47124 is amended by adding at the end the following: 

‘‘(c) SAFETY AUDITS.—The Secretary shall establish uniform standards and requirements for safety assessments of air traffic control towers that receive funding 

under this section.’’. 

SEC. 410. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 

(a) FINDINGS.—Congress finds that— 

(1) the Armed Forces is comprised of approximately 1,400,000 members who 

are stationed on active duty at more than 6,000 military bases in 146 different 

countries; 

(2) the United States is indebted to the members of the Armed Forces, many 

of whom are in grave danger due to their engagement in, or exposure to, combat; 

(3) military service, especially in the current war against terrorism, often requires members of the Armed Forces to be separated from their families on 

short notice, for long periods of time, and under very stressful conditions; 

(4) the unique demands of military service often preclude members of the 

Armed Forces from purchasing discounted advance airline tickets in order to 

visit their loved ones at home and require members of the Armed Forces to 

travel with heavy bags; and 

(5) it is the patriotic duty of the people of the United States to support the 

members of the Armed Forces who are defending the Nation’s interests around 

the world at great personal sacrifice. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that each United States air 

carrier should— 

(1) establish for all members of the Armed Forces on active duty reduced air 

fares that are comparable to the lowest airfare for ticketed flights; and 

(2) offer flexible terms that allow members of the Armed Forces on active 

duty to purchase, modify, or cancel tickets without time restrictions, fees, and 

penalties and waive baggage fees for a minimum of 3 bags. 

SEC. 411. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM. 

(a) REPEAL.—Section 41747 of title 49, United States Code, and the item relating 

to such section in the analysis for chapter 417 of such title, are repealed. 

(b) APPLICABILITY.—Title 49, United States Code, shall be applied as if section 

41747 of such title had not been enacted. 

SEC. 412. ADJUSTMENT TO SUBSIDY CAP TO REFLECT INCREASED FUEL COSTS. 

(a) IN GENERAL.—The $200 per passenger subsidy cap initially established by 

Public Law 103–122 (107 Stat. 1198; 1201) and made permanent by section 332 of 

Public Law 106–69 (113 Stat. 1022) shall be increased by an amount necessary to 

account for the increase, if any, in the cost of aviation fuel in the 24 months preceding the date of enactment of this Act, as determined by the Secretary. 

(b) ADJUSTMENT OF CAP.—Not later than 60 days after the date of enactment of 

this Act, the Secretary shall publish in the Federal Register the increased subsidy 

cap as an interim final rule, pursuant to which public comment will be sought and 

a final rule issued. 

(c) LIMITATION ON ELIGIBILITY.—A community that has been determined, pursuant to a final order issued by the Department of Transportation before the date of 

enactment of this Act, to be ineligible for subsidized air service under subchapter 

II of chapter 417 of title 49, United States Code, shall not be eligible for the increased subsidy cap established pursuant to this section. 


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SEC. 413. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR SERVICE. 

Section 41733 of title 49, United States Code, is amended by adding at the end 

the following: 

‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY.— 

‘‘(1) IN GENERAL.—The Secretary shall notify each community receiving basic 

essential air service for which compensation is being paid under this subchapter 

on or before the 45th day before issuing any final decision to end the payment 

of such compensation due to a determination by the Secretary that providing 

such service requires a rate of subsidy per passenger in excess of the subsidy 

cap. 

‘‘(2) PROCEDURES TO AVOID TERMINATION.—The Secretary shall establish, by 

order, procedures by which each community notified of an impending loss of 

subsidy under paragraph (1) may work directly with an air carrier to ensure 

that the air carrier is able to submit a proposal to the Secretary to provide essential air service to such community for an amount of compensation that would 

not exceed the subsidy cap. 

‘‘(3) ASSISTANCE PROVIDED.—The Secretary shall provide, by order, to each 

community notified under paragraph (1) information regarding— 

‘‘(A) the procedures established pursuant to paragraph (2); and 

‘‘(B) the maximum amount of compensation that could be provided under 

this subchapter to an air carrier serving such community that would comply with the subsidy cap. 

‘‘(4) SUBSIDY CAP DEFINED.—In this subsection, the term ‘subsidy cap’ means 

the subsidy cap established by section 332 of Public Law 106–69, including any 

increase to that subsidy cap established by the Secretary pursuant to the FAA 

Reauthorization Act of 2009.’’. 

SEC. 414. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY THE SECRETARY TO 

BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE. 

Section 41733 (as amended by section 413 of this Act) is further amended by adding at the end the following: 

‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERNMENTS TO RESTORE ELIGIBILITY.— 

‘‘(1) IN GENERAL.—If the Secretary, after the date of enactment of this subsection, ends payment of compensation to an air carrier for providing basic essential air service to an eligible place because the Secretary has determined 

that providing such service requires a rate of subsidy per passenger in excess 

of the subsidy cap (as defined in subsection (f)), a State or local government 

may submit to the Secretary a proposal for restoring compensation for such 

service. Such proposal shall be a joint proposal of the State or local government 

and an air carrier. 

‘‘(2) DETERMINATION BY SECRETARY.—If a State or local government submits 

to the Secretary a proposal under paragraph (1) with respect to an eligible 

place, and the Secretary determines that— 

‘‘(A) the rate of subsidy per passenger under the proposal does not exceed 

the subsidy cap (as defined in subsection (f)); and 

‘‘(B) the proposal is consistent with the legal and regulatory requirements 

of the essential air service program, 

the Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation 

under subsection (c).’’. 

SEC. 415. OFFICE OF RURAL AVIATION. 

(a) IN GENERAL.—Subchapter II of chapter 417 is amended by adding at the end 

the following: 

‘‘§ 41749. Office of Rural Aviation 

‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall establish within the 

Department of Transportation an office to be known as the ‘Office of Rural Aviation’ 

(in this section referred to as the ‘Office’). 

‘‘(b) FUNCTIONS.—The Office shall— 

‘‘(1) monitor the status of air service to small communities; 

‘‘(2) develop proposals to improve air service to small communities; and 

‘‘(3) carry out such other functions as the Secretary considers appropriate.’’. 

(b) CLERICAL AMENDMENT.—The analysis for subchapter II of chapter 417 is 

amended by adding at the end the following: 

‘‘41749. Office of Rural Aviation.’’. 


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SEC. 416. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS. 

(a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.—Subject to the availability of 

funds, the Secretary may increase the rates of compensation payable to air carriers 

under subchapter II of chapter 417 of title 49, United States Code, to compensate 

such carriers for increased aviation fuel costs, without regard to any agreement or 

requirement relating to the renegotiation of contracts or any notice requirement 

under section 41734 of such title. 

(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDIVIDUAL CONTRACTS.— 

(1) IN GENERAL.—Section 41734(d) of title 49, United States Code, is amended 

by striking ‘‘continue to pay’’ and all that follows through ‘‘compensation sufficient—’’ and inserting ‘‘provide the carrier with compensation sufficient—’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to 

compensation to air carriers for air service provided after the 30th day following 

the date of enactment of this Act. 

SEC. 417. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND ASSOCIATED 

CAUSES. 

(a) REVIEW.—The Inspector General of the Department of Transportation shall 

conduct a review regarding air carrier flight delays, cancellations, and associated 

causes to update its 2000 report numbered CR–2000–112 and entitled ‘‘Audit of Air 

Carrier Flight Delays and Cancellations’’. 

(b) ASSESSMENTS.—In conducting the review under subsection (a), the Inspector 

General shall assess— 

(1) the need for an update on delay and cancellation statistics, such as number of chronically delayed flights and taxi-in and taxi-out times; 

(2) air carriers’ scheduling practices; 

(3) the need for a re-examination of capacity benchmarks at the Nation’s busiest airports; and 

(4) the impact of flight delays and cancellations on air travelers, including 

recommendations for programs that could be implemented to address the impact of flight delays on air travelers. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the 

Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the review conducted under 

this section, including the assessments described in subsection (b). 

SEC. 418. EUROPEAN UNION RULES FOR PASSENGER RIGHTS. 

(a) IN GENERAL.—The Comptroller General shall conduct a study to evaluate and 

compare the regulations of the European Union and the United States on compensation and other consideration offered to passengers who are denied boarding or whose 

flights are cancelled or delayed. 

(b) SPECIFIC STUDY REQUIREMENTS.—The study shall include an evaluation and 

comparison of the regulations based on costs to the air carriers, preferences of passengers for compensation or other consideration, and forms of compensation. In conducting the study, the Comptroller General shall also take into account the differences in structure and size of the aviation systems of the European Union and 

the United States. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the 

Comptroller General shall submit a report to Congress on the results of the study. 

SEC. 419. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION. 

(a) IN GENERAL.—The Secretary of Transportation shall establish an advisory 

committee for aviation consumer protection (in this section referred to as the ‘‘advisory committee’’) to advise the Secretary in carrying out air passenger service improvements, including those required by chapter 423 of title 49, United States Code. 

(b) MEMBERSHIP.—The Secretary shall appoint 8 members to the advisory committee as follows: 

(1) Two representatives of air carriers required to submit emergency contingency plans pursuant to section 42301 of title 49, United States Code. 

(2) Two representatives of the airport operators required to submit emergency 

contingency plans pursuant to section 42301 of such title. 

(3) Two representatives of State and local governments who have expertise 

in aviation consumer protection matters. 

(4) Two representatives of nonprofit public interest groups who have expertise 

in aviation consumer protection matters. 

(c) VACANCIES.—A vacancy in the advisory committee shall be filled in the manner 

in which the original appointment was made. 


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(d) TRAVEL EXPENSES.—Members of the advisory committee shall serve without 

pay but shall receive travel expenses, including per diem in lieu of subsistence, in 

accordance with subchapter I of chapter 57 of title 5, United States Code. 

(e) CHAIRPERSON.—The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory 

committee. 

(f) DUTIES.—The duties of the advisory committee shall include the following: 

(1) Evaluating existing aviation consumer protection programs and providing 

recommendations for the improvement of such programs, if needed. 

(2) Providing recommendations to establish additional aviation consumer protection programs, if needed. 

(g) REPORT.—Not later than February 1 of each year beginning after the date of 

enactment of this Act, the Secretary shall transmit to Congress a report containing— 

(1) each recommendation made by the advisory committee during the preceding calendar year; and 

(2) an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the Secretary’s reason for 

not implementing the recommendation. 

SEC. 420. DENIED BOARDING COMPENSATION. 

Not later than May 19, 2010, and every 2 years thereafter, the Secretary shall 

evaluate the amount provided for denied boarding compensation and issue a regulation to adjust such compensation as necessary. 

SEC. 421. COMPENSATION FOR DELAYED BAGGAGE. 

(a) STUDY.—The Comptroller General shall conduct a study to— 

(1) examine delays in the delivery of checked baggage to passengers of air carriers; and 

(2) make recommendations for establishing minimum standards to compensate a passenger in the case of an unreasonable delay in the delivery of 

checked baggage. 

(b) CONSIDERATION.—In conducting the study, the Comptroller General shall take 

into account the additional fees for checked baggage that are imposed by many air 

carriers and how the additional fees should improve an air carrier’s baggage performance. 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Comptroller General shall transmit to Congress a report on the results of the study. 

SEC. 422. SCHEDULE REDUCTION. 

(a) IN GENERAL.—If the Administrator of the Federal Aviation Administration determines that: (1) the aircraft operations of air carriers during any hour at an airport exceeds the hourly maximum departure and arrival rate established by the Administrator for such operations; and (2) the operations in excess of the maximum 

departure and arrival rate for such hour at such airport are likely to have a significant adverse effect on the national or regional airspace system, the Administrator 

shall convene a conference of such carriers to reduce pursuant to section 41722, on 

a voluntary basis, the number of such operations to less than such maximum departure and arrival rate. 

(b) NO AGREEMENT.—If the air carriers participating in a conference with respect 

to an airport under subsection (a) are not able to agree to a reduction in the number 

of flights to and from the airport to less than the maximum departure and arrival 

rate, the Administrator shall take such action as is necessary to ensure such reduction is implemented. 

(c) QUARTERLY REPORTS.—Beginning 3 months after the date of enactment of this 

Act and every 3 months thereafter, the Administrator shall submit to Congress a 

report regarding scheduling at the 35 airports that have the greatest number of passenger enplanements, including each occurrence in which hourly scheduled aircraft 

operations of air carriers at such an airport exceed the hourly maximum departure 

and arrival rate at any such airport. 

SEC. 423. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS. 

(a) IN GENERAL.—Subject to the availability of appropriations, the Secretary of 

Transportation shall investigate consumer complaints regarding— 

(1) flight cancellations; 

(2) compliance with Federal regulations concerning overbooking seats on 

flights; 

(3) lost, damaged, or delayed baggage, and difficulties with related airline 

claims procedures; 

(4) problems in obtaining refunds for unused or lost tickets or fare adjustments; 


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(5) incorrect or incomplete information about fares, discount fare conditions 

and availability, overcharges, and fare increases; 

(6) the rights of passengers who hold frequent flier miles or equivalent redeemable awards earned through customer-loyalty programs; and 

(7) deceptive or misleading advertising. 

(b) BUDGET NEEDS REPORT.—The Secretary shall provide, as an annex to its annual budget request, an estimate of resources which would have been sufficient to 

investigate all such claims the Department of Transportation received in the previous fiscal year. The annex shall be transmitted to Congress when the President 

submits the budget of the United States to the Congress under section 1105 of title 

31, United States Code. 

SEC. 424. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING MOBILE COMMUNICATIONS DEVICES ON SCHEDULED FLIGHTS. 

(a) IN GENERAL.—Subchapter I of chapter 417 of title 49, United States Code, is 

amended by adding at the end the following: 

‘‘§ 41724. Prohibitions against voice communications using mobile communications devices on scheduled flights 

‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPORTATION.— 

‘‘(1) IN GENERAL.—An individual may not engage in voice communications 

using a mobile communications device in an aircraft during a flight in scheduled passenger interstate air transportation or scheduled passenger intrastate 

air transportation. 

‘‘(2) EXCEPTIONS.—The prohibition described in paragraph (1) shall not apply 

to— 

‘‘(A) a member of the flight crew or flight attendants on an aircraft; or 

‘‘(B) a Federal law enforcement officer acting in an official capacity. 

‘‘(b) FOREIGN AIR TRANSPORTATION.— 

‘‘(1) IN GENERAL.—The Secretary of Transportation shall require all air carriers and foreign air carriers to adopt the prohibition described in subsection 

(a) with respect to the operation of an aircraft in scheduled passenger foreign 

air transportation. 

‘‘(2) ALTERNATE PROHIBITION.—If a foreign government objects to the application of paragraph (1) on the basis that paragraph (1) provides for an 

extraterritorial application of the laws of the United States, the Secretary may 

waive the application of paragraph (1) to a foreign air carrier licensed by that 

foreign government until such time as an alternative prohibition on voice communications using a mobile communications device during flight is negotiated 

by the Secretary with such foreign government through bilateral negotiations. 

‘‘(c) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) FLIGHT.—The term ‘flight’ means the period beginning when an aircraft 

takes off and ending when an aircraft lands. 

‘‘(2) VOICE COMMUNICATIONS USING A MOBILE COMMUNICATIONS DEVICE.— 

‘‘(A) INCLUSIONS.—The term ‘voice communications using a mobile communications device’ includes voice communications using— 

‘‘(i) a commercial mobile radio service or other wireless communications device; 

‘‘(ii) a broadband wireless device or other wireless device that transmits data packets using the Internet Protocol or comparable technical 

standard; or 

‘‘(iii) a device having voice override capability. 

‘‘(B) EXCLUSION.—Such term does not include voice communications using 

a phone installed on an aircraft. 

‘‘(d) SAFETY REGULATIONS.—This section shall not be construed to affect the authority of the Secretary to impose limitations on voice communications using a mobile communications device for safety reasons. 

‘‘(e) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such subchapter is amended by adding at the end the following: 

‘‘41724. Prohibitions against voice communications using mobile communications devices on scheduled flights.’’. 

SEC. 425. ANTITRUST EXEMPTIONS. 

(a) STUDY.—The Comptroller General shall conduct a study of the legal requirements and policies followed by the Department in deciding whether to approve 

international alliances under section 41309 of title 49, United States Code, and 

grant exemptions from the antitrust laws under section 41308 of such title in connection with such international alliances. 


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(b) ISSUES TO BE CONSIDERED.—In conducting the study under subsection (a), the 

Comptroller General, at a minimum, shall examine the following: 

(1) Whether granting exemptions from the antitrust laws in connection with 

international alliances has resulted in public benefits, including an analysis of 

whether such benefits could have been achieved by international alliances not 

receiving exemptions from the antitrust laws. 

(2) Whether granting exemptions from the antitrust laws in connection with 

international alliances has resulted in reduced competition, increased prices in 

markets, or other adverse effects. 

(3) Whether international alliances that have been granted exemptions from 

the antitrust laws have implemented pricing or other practices with respect to 

the hub airports at which the alliances operate that have resulted in increased 

costs for consumers or foreclosed competition by rival (nonalliance) air carriers 

at such airports. 

(4) Whether increased network size resulting from additional international alliance members will adversely affect competition between international alliances. (5) The areas in which immunized international alliances compete and whether there is sufficient competition among immunized international alliances to 

ensure that consumers will receive benefits of at least the same magnitude as 

those that consumers would receive if there were no immunized international 

alliances. 

(6) The minimum number of international alliances that is necessary to ensure robust competition and benefits to consumers on major international 

routes. 

(7) Whether the different regulatory and antitrust responsibilities of the Secretary and the Attorney General with respect to international alliances have 

created any significant conflicting agency recommendations, such as the conditions imposed in granting exemptions from the antitrust laws. 

(8) Whether, from an antitrust standpoint, requests for exemptions from the 

antitrust laws in connection with international alliances should be treated as 

mergers, and therefore be exclusively subject to a traditional merger analysis 

by the Attorney General and be subject to advance notification requirements 

and a confidential review process similar to those required under section 7A of 

the Clayton Act (15 U.S.C. 18a). 

(9) Whether the Secretary should amend, modify, or revoke any exemption 

from the antitrust laws granted by the Secretary in connection with an international alliance. 

(10) The effect of international alliances on the number and quality of jobs 

for United States air carrier flight crew employees, including the share of alliance flying done by those employees. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the 

Comptroller General shall submit to the Secretary of Transportation, the Committee 

on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study under subsection (a), including any recommendations of the 

Comptroller General as to whether there should be changes in the authority of the 

Secretary under title 49, United States Code, or policy changes that the Secretary 

can implement administratively, with respect to approving international alliances 

and granting exemptions from the antitrust laws in connection with such international alliances. 

(d) ADOPTION OF RECOMMENDED POLICY CHANGES.—Not later than one year after 

the date of receipt of the report under subsection (c), and after providing notice and 

an opportunity for public comment, the Secretary shall issue a written determination as to whether the Secretary will adopt the policy changes, if any, recommended 

by the Comptroller General in the report or make any other policy changes with respect to approving international alliances and granting exemptions from the antitrust laws in connection with such international alliances. 

(e) SUNSET PROVISION.— 

(1) IN GENERAL.—An exemption from the antitrust laws granted by the Secretary on or before the last day of the 3-year period beginning on the date of 

enactment of this Act in connection with an international alliance, including an 

exemption granted before the date of enactment of this Act, shall cease to be 

effective after such last day unless the exemption is renewed by the Secretary. 

(2) TIMING FOR RENEWALS.—The Secretary may not renew an exemption 

under paragraph (1) before the date on which the Secretary issues a written determination under subsection (d). 

(3) STANDARDS FOR RENEWALS.—The Secretary shall make a decision on 

whether to renew an exemption under paragraph (1) based on the policies of 


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the Department in effect after the Secretary issues a written determination 

under subsection (d). 

(f) DEFINITIONS.—In this section, the following definitions apply: 

(1) EXEMPTION FROM THE ANTITRUST LAWS.—The term ‘‘exemption from the 

antitrust laws’’ means an exemption from the antitrust laws granted by the Secretary under section 41308 of title 49, United States Code. 

(2) IMMUNIZED INTERNATIONAL ALLIANCE.—The term ‘‘immunized international alliance’’ means an international alliance for which the Secretary has 

granted an exemption from the antitrust laws. 

(3) INTERNATIONAL ALLIANCE.—The term ‘‘international alliance’’ means a cooperative agreement between an air carrier and a foreign air carrier to provide 

foreign air transportation subject to approval or disapproval by the Secretary 

under section 41309 of title 49, United States Code. 

(4) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. 

TITLE V—ENVIRONMENTAL STEWARDSHIP 

AND STREAMLINING 

SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM. 

Section 40128 is amended— 

(1) in subsection (a)(1)(C) by inserting ‘‘or voluntary agreement under subsection (b)(7)’’ before ‘‘for the park’’; 

(2) in subsection (a) by adding at the end the following: 

‘‘(5) EXEMPTION.— 

‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), a national park that 

has 50 or fewer commercial air tour flights a year shall be exempt from the 

requirements of this section, except as provided in subparagraph (B). 

‘‘(B) WITHDRAWAL OF EXEMPTION.—If the Director determines that an air 

tour management plan or voluntary agreement is necessary to protect park 

resources and values or park visitor use and enjoyment, the Director shall 

withdraw the exemption of a park under subparagraph (A). 

‘‘(C) LIST OF PARKS.—The Director shall inform the Administrator, in 

writing, of each determination under subparagraph (B). The Director and 

Administrator shall publish an annual list of national parks that are covered by the exemption provided by this paragraph. 

‘‘(D) ANNUAL REPORT.—A commercial air tour operator conducting commercial air tours in a national park that is exempt from the requirements 

of this section shall submit to the Administrator and the Director an annual 

report regarding the number of commercial air tour flights it conducts each 

year in such park.’’; 

(3) in subsection (b) by adding at the end the following: 

‘‘(7) VOLUNTARY AGREEMENTS.— 

‘‘(A) IN GENERAL.—As an alternative to an air tour management plan, the 

Director and the Administrator may enter into a voluntary agreement with 

a commercial air tour operator (including a new entrant applicant and an 

operator that has interim operating authority) that has applied to conduct 

air tour operations over a national park to manage commercial air tour operations over such national park. 

‘‘(B) PARK PROTECTION.—A voluntary agreement under this paragraph 

with respect to commercial air tour operations over a national park shall 

address the management issues necessary to protect the resources of such 

park and visitor use of such park without compromising aviation safety or 

the air traffic control system and may— 

‘‘(i) include provisions such as those described in subparagraphs (B) 

through (E) of paragraph (3); 

‘‘(ii) include provisions to ensure the stability of, and compliance 

with, the voluntary agreement; and 

‘‘(iii) provide for fees for such operations. 

‘‘(C) PUBLIC.—The Director and the Administrator shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult with any Indian tribe whose tribal lands are, or 

may be, flown over by a commercial air tour operator under a voluntary 

agreement under this paragraph. After such opportunity for public review 

and consultation, the voluntary agreement may be implemented without 


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further administrative or environmental process beyond that described in 

this subsection. 

‘‘(D) TERMINATION.—A voluntary agreement under this paragraph may be 

terminated at any time at the discretion of the Director or the Administrator if the Director determines that the agreement is not adequately protecting park resources or visitor experiences or the Administrator determines that the agreement is adversely affecting aviation safety or the national aviation system. If a voluntary agreement for a national park is terminated, the operators shall conform to the requirements for interim operating authority under subsection (c) until an air tour management plan for 

the park is in effect.’’; 

(4) in subsection (c) by striking paragraph (2)(I) and inserting the following: 

‘‘(I) may allow for modifications of the interim operating authority without further environmental review beyond that described in this section if— 

‘‘(i) adequate information regarding the operator’s existing and proposed operations under the interim operating authority is provided to 

the Administrator and the Director; 

‘‘(ii) the Administrator determines that there would be no adverse impact on aviation safety or the air traffic control system; and 

‘‘(iii) the Director agrees with the modification, based on the Director’s professional expertise regarding the protection of the park resources and values and visitor use and enjoyment.’’; 

(5) in subsection (c)(3)(A) by striking ‘‘if the Administrator determines’’ and 

all that follows through the period at the end and inserting ‘‘without further 

environmental process beyond that described in this paragraph if— 

‘‘(i) adequate information on the operator’s proposed operations is 

provided to the Administrator and the Director by the operator making 

the request; 

‘‘(ii) the Administrator agrees that there would be no adverse impact 

on aviation safety or the air traffic control system; and 

‘‘(iii) the Director agrees, based on the Director’s professional expertise regarding the protection of park resources and values and visitor 

use and enjoyment.’’; 

(6) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), 

respectively; and 

(7) by inserting after subsection (c) the following: 

‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 

‘‘(1) REPORT.—Each commercial air tour operator providing a commercial air 

tour over a national park under interim operating authority granted under subsection (c) or in accordance with an air tour management plan under subsection 

(b) shall submit a report to the Administrator and Director regarding the number of its commercial air tour operations over each national park and such other 

information as the Administrator and Director may request in order to facilitate 

administering the provisions of this section. 

‘‘(2) REPORT SUBMISSION.—Not later than 3 months after the date of enactment of the FAA Reauthorization Act of 2009, the Administrator and Director 

shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and Director on a frequency and 

in a format prescribed by the Administrator and Director.’’. 

SEC. 502. STATE BLOCK GRANT PROGRAM. 

(a) GENERAL REQUIREMENTS.—Section 47128(a) is amended— 

(1) in the first sentence by striking ‘‘prescribe regulations’’ and inserting 

‘‘issue guidance’’; and 

(2) in the second sentence by striking ‘‘regulations’’ and inserting ‘‘guidance’’. 

(b) APPLICATIONS AND SELECTION.—Section 47128(b)(4) is amended by inserting 

before the semicolon the following: ‘‘, including the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements’’. 

(c) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIREMENTS.—Section 47128 

is amended by adding at the end the following: 

‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIREMENTS.—A Federal 

agency, other than the Federal Aviation Administration, that is responsible for 

issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State 

using amounts from a block grant made under this section shall— 

‘‘(1) coordinate and consult with the State; 


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‘‘(2) use the environmental analysis prepared by the State for the project or 

activity if such analysis is adequate; and 

‘‘(3) supplement such analysis, as necessary, to meet applicable Federal requirements.’’. 

SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS. 

Section 47173(a) is amended by striking ‘‘services of consultants in order to’’ and 

all that follows through the period at the end and inserting ‘‘services of consultants— 

‘‘(1) to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project; 

‘‘(2) to conduct special environmental studies related to an airport project 

funded with Federal funds; 

‘‘(3) to conduct special studies or reviews to support approved noise compatibility measures described in part 150 of title 14, Code of Federal Regulations; 

or 

‘‘(4) to conduct special studies or reviews to support environmental mitigation 

in a record of decision or finding of no significant impact by the Federal Aviation Administration.’’. 

SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES. 

Section 47504 is amended by adding at the end the following: 

‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCEDURES.— 

‘‘(1) IN GENERAL.—In accordance with subsection (c)(1), the Secretary may 

make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures at 

such airport that have been approved as part of an airport noise compatibility 

program under subsection (b). 

‘‘(2) ADDITIONAL STAFF.—The Administrator may accept funds from an airport 

operator, including funds provided to the operator under paragraph (1), to hire 

additional staff or obtain the services of consultants in order to facilitate the 

timely processing, review, and completion of environmental activities associated 

with proposals to implement flight procedures at such airport that have been 

approved as part of an airport noise compatibility program under subsection (b). 

‘‘(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31, any funds accepted under this section— 

‘‘(A) shall be credited as offsetting collections to the account that finances 

the activities and services for which the funds are accepted; 

‘‘(B) shall be available for expenditure only to pay the costs of activities 

and services for which the funds are accepted; and 

‘‘(C) shall remain available until expended.’’. 

SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLEMENTATION PARTNERSHIP. 

(a) COOPERATIVE AGREEMENT.—Subchapter I of chapter 475 is amended by adding 

at the end the following: 

‘‘§ 47511. CLEEN research, development, and implementation partnership 

‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration, in 

coordination with the Administrator of the National Aeronautics and Space Administration, shall enter into a cooperative agreement, using a competitive process, with 

an institution, entity, or consortium to carry out a program for the development, 

maturing, and certification of CLEEN engine and airframe technology for aircraft 

over the next 10 years. 

‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY DEFINED.—In this section, the 

term ‘CLEEN engine and airframe technology’ means continuous lower energy, 

emissions, and noise engine and airframe technology. 

‘‘(c) PERFORMANCE OBJECTIVE.—The Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics 

and Space Administration, shall establish the following performance objectives for 

the program, to be achieved by September 30, 2016: 

‘‘(1) Development of certifiable aircraft technology that reduces fuel burn by 

33 percent compared to current technology, reducing energy consumption and 

greenhouse gas emissions. 

‘‘(2) Development of certifiable engine technology that reduces landing and 

takeoff cycle nitrogen oxide emissions by 60 percent, at a pressure ratio of 30, 

over the International Civil Aviation Organization standard adopted at the 6th 

Meeting of the Committee on Aviation Environmental Protection, with commensurate reductions over the full pressure ratio range, while limiting or reducing 

other gaseous or particle emissions. 


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‘‘(3) Development of certifiable aircraft technology that reduces noise levels by 

32 Effective Perceived Noise Level in Decibels cumulative, relative to Stage 4 

standards. 

‘‘(4) Determination of the feasibility of the use of alternative fuels in aircraft 

systems, including successful demonstration and quantification of the benefits 

of such fuels. 

‘‘(5) Determination of the extent to which new engine and aircraft technologies may be used to retrofit or re-engine aircraft to increase the integration 

of retrofitted and re-engined aircraft into the commercial fleet. 

‘‘(d) FUNDING.—Of amounts appropriated under section 48102(a), not more than 

the following amounts may be used to carry out this section: 

‘‘(1) $20,000,000 for fiscal year 2009. 

‘‘(2) $25,000,000 for fiscal year 2010. 

‘‘(3) $33,000,000 for fiscal year 2011. 

‘‘(4) $50,000,000 for fiscal year 2012. 

‘‘(e) REPORT.—Beginning in fiscal year 2010, the Administrator of the Federal 

Aviation Administration shall publish an annual report on the program established 

under this section until completion of the program.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such subchapter is amended by adding at the end the following: 

‘‘47511. CLEEN research, development, and implementation partnership.’’. 

SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000 POUNDS OR 

LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS. 

(a) IN GENERAL.—Subchapter II of chapter 475 is amended by adding at the end 

the following: 

‘‘§ 47534. Prohibition on operating certain aircraft weighing 75,000 pounds 

or less not complying with stage 3 noise levels 

‘‘(a) PROHIBITION.—Except as provided in subsection (b), (c), or (d), after December 

31, 2013, a person may not operate a civil subsonic jet airplane with a maximum 

weight of 75,000 pounds or less, and for which an airworthiness certificate (other 

than an experimental certificate) has been issued, to or from an airport in the 

United States unless the Secretary of Transportation finds that the aircraft complies 

with stage 3 noise levels. 

‘‘(b) EXCEPTION.—Subsection (a) shall not apply to aircraft operated only outside 

the 48 contiguous States. 

‘‘(c) EXCEPTIONS.—The Secretary may allow temporary operation of an airplane 

otherwise prohibited from operation under subsection (a) to or from an airport in 

the contiguous United States by granting a special flight authorization for one or 

more of the following circumstances: 

‘‘(1) To sell, lease, or use the aircraft outside the 48 contiguous States. 

‘‘(2) To scrap the aircraft. 

‘‘(3) To obtain modifications to the aircraft to meet stage 3 noise levels. 

‘‘(4) To perform scheduled heavy maintenance or significant modifications on 

the aircraft at a maintenance facility located in the contiguous 48 States. 

‘‘(5) To deliver the aircraft to an operator leasing the aircraft from the owner 

or return the aircraft to the lessor. 

‘‘(6) To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5). 

‘‘(7) To provide transport of persons and goods in the relief of emergency situations. 

‘‘(8) To divert the aircraft to an alternative air port in the 48 contiguous 

States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7). 

‘‘(d) STATUTORY CONSTRUCTION.—Nothing in the section may be construed as 

interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration, with respect to 

applications under part 161 of title 14, Code of Federal Regulations, that were pending on the date of enactment of this section.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 47531 is amended— 

(A) in the section heading by striking ‘‘for violating sections 47528– 

47530’’; and 

(B) by striking ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 47534’’. 

(2) Section 47532 is amended by inserting ‘‘or 47534’’ after ‘‘47528–47531’’. 

(3) The analysis for chapter 475 is amended— 


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(A) by striking the item relating to section 47531 and inserting the following: 

‘‘47531. Penalties.’’; 

and 

(B) by inserting after the item relating to section 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 

noise levels.’’. 

SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Transportation shall establish a pilot program to carry out not more than 6 environmental mitigation demonstration projects 

at public-use airports. 

(b) GRANTS.—In implementing the program, the Secretary may make a grant to 

the sponsor of a public-use airport from funds apportioned under section 

47117(e)(1)(A) of title 49, United States Code, to carry out an environmental mitigation demonstration project to measurably reduce or mitigate aviation impacts on 

noise, air quality, or water quality in the vicinity of the airport. 

(c) ELIGIBILITY FOR PASSENGER FACILITY FEES.—An environmental mitigation 

demonstration project that receives funds made available under this section may be 

considered an eligible airport-related project for purposes of section 40117 of such 

title. 

(d) SELECTION CRITERIA.—In selecting among applicants for participation in the 

program, the Secretary shall give priority consideration to applicants proposing to 

carry out environmental mitigation demonstration projects that will— 

(1) achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality impacts either on an absolute basis or on a per dollar of 

funds expended basis; and 

(2) be implemented by an eligible consortium. 

(e) FEDERAL SHARE.—Notwithstanding any provision of subchapter I of chapter 

471 of such title, the United States Government share of allowable project costs of 

an environmental mitigation demonstration project carried out under this section 

shall be 50 percent. 

(f) MAXIMUM AMOUNT.—The Secretary may not make grants for a single environmental mitigation demonstration project under this section in a total amount that 

exceeds $2,500,000. 

(g) PUBLICATION OF INFORMATION.—The Secretary may develop and publish information on the results of environmental mitigation demonstration projects carried 

out under this section, including information identifying best practices for reducing 

or mitigating aviation impacts on noise, air quality, or water quality in the vicinity 

of airports. 

(h) DEFINITIONS.—In this section, the following definitions apply: 

(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible consortium’’ means a consortium of 2 or more of the following entities: 

(A) A business incorporated in the United States. 

(B) A public or private educational or research organization located in the 

United States. 

(C) An entity of a State or local government. 

(D) A Federal laboratory. 

(2) ENVIRONMENTAL MITIGATION DEMONSTRATION PROJECT.—The term ‘‘environmental mitigation demonstration project’’ means a project that— 

(A) demonstrates at a public-use airport environmental mitigation techniques or technologies with associated benefits, which have already been 

proven in laboratory demonstrations; 

(B) utilizes methods for efficient adaptation or integration of innovative 

concepts to airport operations; and 

(C) demonstrates whether a technique or technology for environmental 

mitigation identified in research is— 

(i) practical to implement at or near multiple public-use airports; and 

(ii) capable of reducing noise, airport emissions, greenhouse gas emissions, or water quality impacts in measurably significant amounts. 

SEC. 508. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM. 

(a) IN GENERAL.—The Secretary of Transportation shall carry out a pilot program 

at not more than 5 public-use airports under which the Federal Aviation Administration shall use funds made available under section 48101(a) to test air traffic flow 

management tools, methodologies, and procedures that will allow air traffic controllers of the Administration to better manage the flow of aircraft on the ground and 

reduce the length of ground holds and idling time for aircraft. 


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(b) SELECTION CRITERIA.—In selecting from among airports at which to conduct 

the pilot program, the Secretary shall give priority consideration to airports at 

which improvements in ground control efficiencies are likely to achieve the greatest 

fuel savings or air quality or other environmental benefits, as measured by the 

amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of funds expended under the pilot program. 

(c) MAXIMUM AMOUNT.—Not more than a total of $5,000,000 may be expended 

under the pilot program at any single public-use airport. 

(d) REPORT TO CONGRESS.—Not later than 3 years after the date of the enactment 

of this section, the Secretary shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report containing— 

(1) an evaluation of the effectiveness of the pilot program, including an assessment of the tools, methodologies, and procedures that provided the greatest 

fuel savings and air quality and other environmental benefits, and any impacts 

on safety, capacity, or efficiency of the air traffic control system or the airports 

at which affected aircraft were operating; 

(2) an identification of anticipated benefits from implementation of the tools, 

methodologies, and procedures developed under the pilot program at other airports; 

(3) a plan for implementing the tools, methodologies, and procedures developed under the pilot program at other airports or the Secretary’s reasons for 

not implementing such measures at other airports; and 

(4) such other information as the Secretary considers appropriate. 

SEC. 509. HIGH PERFORMANCE AND SUSTAINABLE AIR TRAFFIC CONTROL FACILITIES. 

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall 

implement, to the maximum extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other measures in the 

construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption and improve the environmental performance of such facilities. 

(b) AUTHORIZATION.—Of amounts appropriated under section 48101(a) of title 49, 

United States Code, such sums as may be necessary may be used to carry out this 

section. 

SEC. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT ENGINE NOISE AND EMISSIONS 

STANDARDS. 

(a) INDEPENDENT REVIEW.—The Administrator of the FAA shall make appropriate 

arrangements for the National Academy of Public Administration or another qualified independent entity to review, in consultation with the FAA and the EPA, 

whether it is desirable to locate the regulatory responsibility for the establishment 

of engine noise and emissions standards for civil aircraft within one of the agencies. 

(b) CONSIDERATIONS.—The review shall be conducted so as to take into account— 

(1) the interrelationships between aircraft engine noise and emissions; 

(2) the need for aircraft engine noise and emissions to be evaluated and addressed in an integrated and comprehensive manner; 

(3) the scientific expertise of the FAA and the EPA to evaluate aircraft engine 

emissions and noise impacts on the environment; 

(4) expertise to interface environmental performance with ensuring the highest safe and reliable engine performance of aircraft in flight; 

(5) consistency of the regulatory responsibility with other missions of the FAA 

and the EPA; 

(6) past effectiveness of the FAA and the EPA in carrying out the aviation 

environmental responsibilities assigned to the agency; and 

(7) the international responsibility to represent the United States with respect to both engine noise and emissions standards for civil aircraft. 

(c) REPORT TO CONGRESS.—Not later than 6 months after the date of enactment 

of this Act, the Administrator of the FAA shall submit to Congress a report on the 

results of the review. The report shall include any recommendations developed as 

a result of the review and, if a transfer of responsibilities is recommended, a description of the steps and timeline for implementation of the transfer. 

(d) DEFINITIONS.—In this section, the following definitions apply: 

(1) EPA.—The term ‘‘EPA’’ means the Environmental Protection Agency. 

(2) FAA.—The term ‘‘FAA’’ means the Federal Aviation Administration. 

SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING. 

The Administrator of the Federal Aviation Administration shall complete the air 

quality studies and analysis started pursuant to section 815 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2592), includVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00052 Fmt 6659 Sfmt 6621 E:\HR\OC\HR119P1.XXX HR119P1

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ing the collection of samples of the air onboard passenger aircraft by flight attendants and the testing and analyzation of such samples for contaminants. 

SEC. 512. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the proposed European Union directive extending the European Union’s 

emissions trading proposal to international civil aviation without working 

through the International Civil Aviation Organization (in this section referred 

to as the ‘‘ICAO’’) in a consensus-based fashion is inconsistent with the Convention on International Civil Aviation, done at Chicago on December 7, 1944 

(TIAS 1591; commonly known as ‘‘Chicago Convention’’), and other relevant air 

services agreements and antithetical to building international cooperation to address effectively the problem of greenhouse gas emissions by aircraft engaged 

in international civil aviation; and 

(2) the European Union and its member states should instead work with 

other contracting states of the ICAO to develop a consensual approach to addressing aircraft greenhouse gas emissions through the ICAO. 

SEC. 513. AIRPORT NOISE COMPATIBILITY PLANNING STUDY, PORT AUTHORITY OF NEW 

YORK AND NEW JERSEY. 

It is the sense of the House of Representatives that the Port Authority of New 

York and New Jersey should undertake an airport noise compatibility planning 

study under part 150 of title 14, Code of Federal Regulations, for the airports that 

the Port Authority operates as of November 2, 2009. In undertaking the study, the 

Port Authority should pay particular attention to the impact of noise on affected 

neighborhoods, including homes, businesses, and places of worship surrounding 

LaGuardia Airport, Newark Liberty Airport, and JFK Airport. 

SEC. 514. GAO STUDY ON COMPLIANCE WITH FAA RECORD OF DECISION. 

(a) STUDY.—The Comptroller General shall conduct a study to determine whether 

the Federal Aviation Administration and the Massachusetts Port Authority are complying with the requirements of the Federal Aviation Administration’s record of decision dated August 2, 2002. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, 

the Comptroller General shall submit to Congress a report on the results of the 

study. 

TITLE VI—FAA EMPLOYEES AND 

ORGANIZATION 

SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM. 

(a) DISPUTE RESOLUTION.—Section 40122(a) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) DISPUTE RESOLUTION.— 

‘‘(A) MEDIATION.—If the Administrator does not reach an agreement 

under paragraph (1) or the provisions referred to in subsection (g)(2)(C) 

with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative— 

‘‘(i) shall use the services of the Federal Mediation and Conciliation 

Service to attempt to reach such agreement in accordance with part 

1425 of title 29, Code of Federal Regulations (as in effect on the date 

of enactment of the FAA Reauthorization Act of 2009); or 

‘‘(ii) may by mutual agreement adopt alternative procedures for the 

resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement. 

‘‘(B) BINDING ARBITRATION.— 

‘‘(i) ASSISTANCE FROM FEDERAL SERVICE IMPASSES PANEL.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to an agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the ‘parties’) shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist 

the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 

members. 


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‘‘(ii) APPOINTMENT OF ARBITRATION BOARD.—The Executive Director of 

the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the 

Federal Mediation and Conciliation Service to prepare a list of not less 

than 15 names of arbitrators with Federal sector experience and by 

providing the list to the parties. Within 10 days of receiving the list, 

the parties shall each select one person from the list. The 2 arbitrators 

selected by the parties shall then select a third person from the list 

within 7 days. If either of the parties fails to select a person or if the 

2 arbitrators are unable to agree on the third person within 7 days, the 

parties shall make the selection by alternately striking names on the 

list until one arbitrator remains. 

‘‘(iii) FRAMING ISSUES IN CONTROVERSY.—If the parties do not agree 

on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues. 

‘‘(iv) HEARINGS.—The arbitration board shall give the parties a full 

and fair hearing, including an opportunity to present evidence in support of their claims and an opportunity to present their case in person, 

by counsel, or by other representative as they may elect. 

‘‘(v) DECISIONS.—The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties. 

‘‘(vi) COSTS.—The parties shall share costs of the arbitration equally. 

‘‘(3) RATIFICATION OF AGREEMENTS.—Upon reaching a voluntary agreement or 

at the conclusion of the binding arbitration under paragraph (2)(B), the final 

agreement, except for those matters decided by an arbitration board, shall be 

subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and approval by the head 

of the agency in accordance with the provisions referred to in subsection 

(g)(2)(C). 

‘‘(4) ENFORCEMENT.— 

‘‘(A) ENFORCEMENT ACTIONS IN UNITED STATES COURTS.—Each United 

States district court and each United States court of a place subject to the 

jurisdiction of the United States shall have jurisdiction of enforcement actions brought under this section. Such an action may be brought in any judicial district in the State in which the violation of this section is alleged 

to have been committed, the judicial district in which the Federal Aviation 

Administration has its principal office, or the District of Columbia. 

‘‘(B) ATTORNEY FEES.—The court may assess against the Federal Aviation 

Administration reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has 

substantially prevailed.’’. 

(b) APPLICATION.—On and after the date of enactment of this Act, any changes 

implemented by the Administrator of the Federal Aviation Administration on and 

after July 10, 2005, under section 40122(a) of title 49, United States Code (as in 

effect on the day before such date of enactment), without the agreement of the exclusive bargaining representative of the employees of the Administration certified 

under section 7111 of title 5, United States Code, shall be null and void and the 

parties shall be governed by their last mutual agreement before the implementation 

of such changes. The Administrator and the bargaining representative shall resume 

negotiations promptly, and, subject to subsection (c), their last mutual agreement 

shall be in effect until a new contract is adopted by the Administrator and the bargaining representative. If an agreement is not reached within 45 days after the date 

on which negotiations resume, the Administrator and the bargaining representative 

shall submit their issues in controversy to the Federal Service Impasses Panel in 

accordance with section 7119 of title 5, United States Code, for binding arbitration 

in accordance with paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, 

United States Code (as amended by subsection (a) of this section). 

(c) SAVINGS CLAUSE.—All cost of living adjustments and other pay increases, lump 

sum payments to employees, and leave and other benefit accruals implemented as 

part of the changes referred to in subsection (b) may not be reversed unless such 

reversal is part of the calculation of back pay under subsection (d). The Administrator shall waive any overpayment paid to, and not collect any funds for such overpayment, from former employees of the Administration who received lump sum payments prior to their separation from the Administration. 

(d) BACK PAY.— 

(1) IN GENERAL.—Employees subject to changes referred to in subsection (b) 

that are determined to be null and void under subsection (b) shall be eligible 

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ment between the Administrator and the exclusive bargaining representative of 

such employees before the date of enactment of this Act and any changes were 

implemented without agreement of the bargaining representative. The Administrator shall pay the employees such pay subject to the availability of amounts 

appropriated to carry out this subsection. If the appropriated funds do not cover 

all claims of the employees for such pay, the Administrator and the bargaining 

representative, pursuant to negotiations conducted in accordance with section 

40122(a) of title 49, United States Code (as amended by subsection (a) of this 

section), shall determine the allocation of the appropriated funds among the employees on a pro rata basis. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $20,000,000 to carry out this subsection. 

(e) INTERIM AGREEMENT.—If the Administrator and the exclusive bargaining representative of the employees subject to the changes referred to in subsection (b) 

reach a final and binding agreement with respect to such changes before the date 

of enactment of this Act, such agreement shall supersede any changes implemented 

by the Administrator under section 40122(a) of title 49, United States Code (as in 

effect on the day before such date of enactment), without the agreement of the bargaining representative, and subsections (b) and (c) shall not take effect. 

SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOYEES. 

Section 40122(g)(3) of title 49, United States Code, is amended by adding at the 

end the following: ‘‘Notwithstanding any other provision of law, retroactive to April 

1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.’’. 

SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 

(a) STUDY.— 

(1) IN GENERAL.—The Comptroller General shall conduct a study on the training of the airway transportation systems specialists of the Federal Aviation Administration (in this section referred to as ‘‘FAA systems specialists’’). 

(2) CONTENTS.—The study shall— 

(A) include an analysis of the type of training provided to FAA systems 

specialists; 

(B) include an analysis of the type of training that FAA systems specialists need to be proficient on the maintenance of latest technologies; 

(C) include a description of actions that the Administration has undertaken to ensure that FAA systems specialists receive up-to-date training on 

the latest technologies; 

(D) identify the amount and cost of FAA systems specialists training provided by vendors; 

(E) identify the amount and cost of FAA systems specialists training provided by the Administration after developing courses for the training of 

such specialists; 

(F) identify the amount and cost of travel that is required of FAA systems 

specialists in receiving training; and 

(G) include a recommendation regarding the most cost-effective approach 

to providing FAA systems specialists training. 

(3) REPORT.—Not later than 1 year after the date of enactment of this Act, 

the Comptroller General shall submit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the 

study. 

(b) WORKLOAD OF SYSTEMS SPECIALISTS.— 

(1) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later than 90 days after 

the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of 

Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing needs for FAA systems specialists to ensure proper maintenance and certification of the national airspace 

system. 

(2) CONTENTS.—The study shall be conducted so as to provide the following: 

(A) A suggested method of modifying FAA systems specialists staffing 

models for application to current local conditions or applying some other approach to developing an objective staffing standard. 

(B) The approximate cost and length of time for developing such models. 

(3) CONSULTATION.—In conducting the study, the National Academy of 

Sciences shall consult with the exclusive bargaining representative of employees 

of the Federal Aviation Administration certified under section 7111 of title 5, 


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United States Code, and the Administrator of the Federal Aviation Administration. 

(4) REPORT.—Not later than one year after the initiation of the arrangements 

under subsection (a), the National Academy of Sciences shall submit to Congress a report on the results of the study. 

SEC. 604. DESIGNEE PROGRAM. 

(a) REPORT.—Not later than 18 months after the date of enactment of this Act, 

the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the status of recommendations made by the Government Accountability Office in its October 2004 report, 

‘‘Aviation Safety: FAA Needs to Strengthen Management of Its Designee Programs’’ 

(GAO–05–40). 

(b) CONTENTS.—The report shall include— 

(1) an assessment of the extent to which the Federal Aviation Administration 

has responded to recommendations of the Government Accountability Office referred to in subsection (a); 

(2) an identification of improvements, if any, that have been made to the designee programs referred to in the report of the Office as a result of such recommendations; 

(3) an identification of further action that is needed to implement such recommendations, improve the Administration’s management control of the designee programs, and increase assurance that designees meet the Administration’s performance standards; and 

(4) an assessment of the Administration’s organizational delegation and designee programs and a determination as to whether the Administration has sufficient monitoring and surveillance programs in place to properly oversee these 

programs. 

SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS. 

(a) IN GENERAL.—Not later than October 31, 2009, the Administrator of the Federal Aviation Administration shall develop a staffing model for aviation safety inspectors. In developing the model, the Administrator shall follow the recommendations outlined in the 2007 study released by the National Academy of Sciences entitled ‘‘Staffing Standards for Aviation Safety Inspectors’’ and consult with interested 

persons, including the exclusive collective bargaining representative of the aviation 

safety inspectors. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

such sums as may be necessary to carry out this section. 

SEC. 606. SAFETY CRITICAL STAFFING. 

(a) SAFETY INSPECTORS.—The Administrator of the Federal Aviation Administration shall increase the number of safety critical positions in the Flight Standards 

Service and Aircraft Certification Service for a fiscal year commensurate with the 

funding levels provided in subsection (b) for the fiscal year. Such increases shall be 

measured relative to the number of persons serving in safety critical positions as 

of September 30, 2008. 

(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized by 

section 106(k) of title 49, United States Code, there is authorized to be appropriated 

to carry out subsection (a)— 

(1) $45,000,000 for fiscal year 2010; 

(2) $138,000,000 for fiscal year 2011; and 

(3) $235,000,000 for fiscal year 2012. 

Such sums shall remain available until expended. 

(c) IMPLEMENTATION OF STAFFING STANDARDS.—Notwithstanding any other provision of this section, upon completion of the flight standards service staffing model 

under section 605 of this Act, and validation of the model by the Administrator, 

there are authorized to be appropriated such sums as may be necessary to support 

the number of aviation safety inspectors, safety technical specialists, and operation 

support positions that such model determines are required to meet the responsibilities of the Flight Standards Service. 

(d) SAFETY CRITICAL POSITIONS DEFINED.—In this section, the term ‘‘safety critical 

positions’’ means— 

(1) aviation safety inspectors, safety technical specialists, and operations support positions in the Flight Standards Service (as such terms are used in the 

Administration’s fiscal year 2009 congressional budget justification); and 

(2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, safety technical specialists, and operational support positions in 


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the Aircraft Certification Service (as such terms are used in the Administration’s fiscal year 2009 congressional budget justification). 

SEC. 607. FAA AIR TRAFFIC CONTROLLER STAFFING. 

(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later than 90 days after the 

date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the National Academy of 

Sciences to conduct a study of the assumptions and methods used by the Federal 

Aviation Administration (in this section referred to as the ‘‘FAA’’) to estimate staffing needs for FAA air traffic controllers to ensure the safe operation of the national 

airspace system. 

(b) CONSULTATION.—In conducting the study, the National Academy of Sciences 

shall consult with the exclusive bargaining representative of employees of the FAA 

certified under section 7111 of title 5, United States Code, the Administrator of the 

Federal Aviation Administration, and representatives of the Civil Aeronautical Medical Institute. 

(c) CONTENTS.—The study shall include an examination of representative information on human factors, traffic activity, and the technology and equipment used in 

air traffic control. 

(d) RECOMMENDATIONS AND ESTIMATES.—In conducting the study, the National 

Academy of Sciences shall develop— 

(1) recommendations for the development by the FAA of objective staffing 

standards to maintain the safety and efficiency of the national airspace system 

with current and future projected air traffic levels; and 

(2) estimates of cost and schedule for the development of such standards by 

the FAA or its contractors. 

(e) REPORT.—Not later than 18 months after the date of enactment of this Act, 

the National Academy of Sciences shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the 

study. 

SEC. 608. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC CONTROLLERS. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study to assess the adequacy of training programs for air traffic controllers. 

(b) CONTENTS.—The study shall include— 

(1) a review of the current training system for air traffic controllers; 

(2) an analysis of the competencies required of air traffic controllers for successful performance in the current air traffic control environment; 

(3) an analysis of competencies required of air traffic controllers as the Federal Aviation Administration transitions to the Next Generation Air Transportation System; and 

(4) an analysis of various training approaches available to satisfy the controller competencies identified under paragraphs (2) and (3). 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Administrator shall submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the study. 

SEC. 609. COLLEGIATE TRAINING INITIATIVE STUDY. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study on training options for graduates of the Collegiate Training Initiative 

program conducted under section 44506(c) of title 49 United States Code. The study 

shall analyze the impact of providing as an alternative to the current training provided at the Mike Monroney Aeronautical Center of the Administration a new controller orientation session for graduates of such programs at the Mike Monroney 

Aeronautical Center followed by on-the-job training for newly hired air traffic controllers who are graduates of such program and shall include— 

(1) the cost effectiveness of such an alternative training approach; and 

(2) the effect that such an alternative training approach would have on the 

overall quality of training received by graduates of such programs. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Administrator shall submit to the Committee on Transportation and Infrastructure 

of the House of Representatives and to the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the study. 

SEC. 610. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY CONDITIONS. 

(a) ESTABLISHMENT.—The Administrator of the Federal Aviation Administration 

shall establish a special task force to be known as the ‘‘FAA Task Force on Air Traffic Control Facility Conditions’’ (in this section referred to as the ‘‘Task Force’’). 

(b) MEMBERSHIP.— 


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(1) COMPOSITION.—The Task Force shall be composed of 12 members of 

whom— 

(A) 8 members shall be appointed by the Administrator; and 

(B) 4 members shall be appointed by labor unions representing employees 

who work at field facilities of the Administration. 

(2) QUALIFICATIONS.—Of the members appointed by the Administrator under 

paragraph (1)(A)— 

(A) 4 members shall be specialists on toxic mold abatement, ‘‘sick building syndrome,’’ and other hazardous building conditions that can lead to 

employee health concerns and shall be appointed by the Administrator in 

consultation with the Director of the National Institute for Occupational 

Safety and Health; and 

(B) 2 members shall be specialists on the rehabilitation of aging buildings. 

(3) TERMS.—Members shall be appointed for the life of the Task Force. 

(4) VACANCIES.—A vacancy in the Task Force shall be filled in the manner 

in which the original appointment was made. 

(5) TRAVEL EXPENSES.—Members shall serve without pay but shall receive 

travel expenses, including per diem in lieu of subsistence, in accordance with 

subchapter I of chapter 57 of title 5, United States Code. 

(c) CHAIRPERSON.—The Administrator shall designate, from among the individuals 

appointed under subsection (b)(1), an individual to serve as chairperson of the Task 

Force. 

(d) TASK FORCE PERSONNEL MATTERS.— 

(1) STAFF.—The Task Force may appoint and fix the pay of such personnel 

as it considers appropriate. 

(2) STAFF OF FEDERAL AGENCIES.—Upon request of the Chairperson of the 

Task Force, the head of any department or agency of the United States may 

detail, on a reimbursable basis, any of the personnel of that department or 

agency to the Task Force to assist it in carrying out its duties under this section. 

(3) OTHER STAFF AND SUPPORT.—Upon request of the Task Force or a panel 

of the Task Force, the Administrator shall provide the Task Force or panel with 

professional and administrative staff and other support, on a reimbursable 

basis, to the Task Force to assist it in carrying out its duties under this section. 

(e) OBTAINING OFFICIAL DATA.—The Task Force may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Task Force to carry out its duties under this section. Upon request of the chairperson of the Task Force, the head of that department or agency shall furnish such information to the Task Force. 

(f) DUTIES.— 

(1) STUDY.—The Task Force shall undertake a study of— 

(A) the conditions of all air traffic control facilities across the Nation, including towers, centers, and terminal radar air control; 

(B) reports from employees of the Administration relating to respiratory 

ailments and other health conditions resulting from exposure to mold, asbestos, poor air quality, radiation and facility-related hazards in facilities 

of the Administration; 

(C) conditions of such facilities that could interfere with such employees’ 

ability to effectively and safely perform their duties; 

(D) the ability of managers and supervisors of such employees to promptly document and seek remediation for unsafe facility conditions; 

(E) whether employees of the Administration who report facility-related 

illnesses are treated fairly; 

(F) utilization of scientifically approved remediation techniques in a timely fashion once hazardous conditions are identified in a facility of the Administration; and 

(G) resources allocated to facility maintenance and renovation by the Administration. 

(2) FACILITY CONDITION INDICIES (FCI).—The Task Force shall review the facility condition indicies of the Administration (in this section referred to as the 

‘‘FCI’’) for inclusion in the recommendations under subsection (g). 

(g) RECOMMENDATIONS.—Based on the results of the study and review of the FCI 

under subsection (f), the Task Force shall make recommendations as it considers 

necessary to— 

(1) prioritize those facilities needing the most immediate attention in order 

of the greatest risk to employee health and safety; 


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(2) ensure that the Administration is using scientifically approved remediation techniques in all facilities; and 

(3) assist the Administration in making programmatic changes so that aging 

air traffic control facilities do not deteriorate to unsafe levels. 

(h) REPORT.—Not later than 6 months after the date on which initial appointments of members to the Task Force are completed, the Task Force shall submit 

to the Administrator, the Committee on Transportation and Infrastructure of the 

House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the activities of the Task Force, including the recommendations of the Task Force under subsection (g). 

(i) IMPLEMENTATION.—Within 30 days of the receipt of the Task Force report 

under subsection (h), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a report that includes a plan 

and timeline to implement the recommendations of the Task Force and to align future budgets and priorities of the Administration accordingly. 

(j) TERMINATION.—The Task Force shall terminate on the last day of the 30-day 

period beginning on the date on which the report under subsection (h) was submitted. 

(k) APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. 

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Secretary of Transportation $250,000 to carry out this section. 

TITLE VII—AVIATION INSURANCE 

SEC. 701. GENERAL AUTHORITY. 

(a) EXTENSION OF POLICIES.—Section 44302(f)(1) is amended— 

(1) by striking ‘‘March 31, 2009’’ and inserting ‘‘September 30, 2012’’; and 

(2) by striking ‘‘May 31, 2009’’ and inserting ‘‘December 31, 2019’’. 

(b) SUCCESSOR PROGRAM.—Section 44302(f) is amended by adding at the end the 

following: 

‘‘(3) SUCCESSOR PROGRAM.— 

‘‘(A) IN GENERAL.—After December 31, 2019, coverage for the risks specified in a policy that has been extended under paragraph (1) shall be provided in an airline industry sponsored risk retention or other risk-sharing 

arrangement approved by the Secretary. 

‘‘(B) TRANSFER OF PREMIUMS.— 

‘‘(i) IN GENERAL.—On December 31, 2019, and except as provided in 

clause (ii), premiums that are collected by the Secretary from the airline industry after September 22, 2001, for any policy under this subsection, and interest earned thereon, as determined by the Secretary, 

shall be transferred to an airline industry sponsored risk retention or 

other risk-sharing arrangement approved by the Secretary. 

‘‘(ii) DETERMINATION OF AMOUNT TRANSFERRED.—The amount transferred pursuant to clause (i) shall be less— 

‘‘(I) the amount of any claims paid out on such policies from September 22, 2001, through December 31, 2019; 

‘‘(II) the amount of any claims pending under such policies as of 

December 31, 2019; and 

‘‘(III) the cost, as determined by the Secretary, of administering 

the provision of insurance policies under this chapter from September 22, 2001, through December 31, 2019.’’. 

SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD PARTY LIABILITY OF AIR CARRIERS 

ARISING OUT OF ACTS OF TERRORISM. 

Section 44303(b) is amended by striking ‘‘May 31, 2009’’ and inserting ‘‘December 

31, 2012’’. 

SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. 

Section 44304 is amended in the second sentence by striking ‘‘the carrier’’ and inserting ‘‘any insurance carrier’’. 

SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 

Section 44308(c)(1) is amended in the second sentence by striking ‘‘agent’’ and inserting ‘‘agent, or a claims adjuster who is independent of the underwriting agent,’’. 


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SEC. 705. EXTENSION OF PROGRAM AUTHORITY. 

Section 44310 is amended by striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2019’’. 

TITLE VIII—MISCELLANEOUS 

SEC. 801. AIR CARRIER CITIZENSHIP. 

Section 40102(a)(15) is amended by adding at the end the following: 

‘‘For purposes of subparagraph (C), an air carrier shall not be deemed to be 

under the actual control of citizens of the United States unless citizens of the 

United States control all matters pertaining to the business and structure of the 

air carrier, including operational matters such as marketing, branding, fleet 

composition, route selection, pricing, and labor relations.’’. 

SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF NATIONAL SECURITY. 

Section 40119(b) is amended by adding at the end the following: 

‘‘(3) LIMITATION ON APPLICABILITY OF FREEDOM OF INFORMATION ACT.—Section 

552a of title 5, United States Code, shall not apply to disclosures that the Administrator of the Federal Aviation Administration may make from the systems 

of records of the Administration to any Federal law enforcement, intelligence, 

protective service, immigration, or national security official in order to assist 

the official receiving the information in the performance of official duties.’’. 

SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE SYSTEMS. 

(a) IN GENERAL.—Chapter 401 is amended by adding at the end the following: 

‘‘§ 40130. FAA access to criminal history records or databases systems 

‘‘(a) ACCESS TO RECORDS OR DATABASES SYSTEMS.— 

‘‘(1) ACCESS TO INFORMATION.—Notwithstanding section 534 of title 28, and 

regulations issued to implement such section, the Administrator of the Federal 

Aviation Administration may access a system of documented criminal justice information maintained by the Department of Justice or by a State but may do 

so only for the purpose of carrying out civil and administrative responsibilities 

of the Administration to protect the safety and security of the national airspace 

system or to support the missions of the Department of Justice, the Department 

of Homeland Security, and other law enforcement agencies. 

‘‘(2) RELEASE OF INFORMATION.—In accessing a system referred to in paragraph (1), the Administrator shall be subject to the same conditions and procedures established by the Department of Justice or the State for other governmental agencies with access to the system. 

‘‘(3) LIMITATION.—The Administrator may not use the access authorized under 

paragraph (1) to conduct criminal investigations. 

‘‘(b) DESIGNATED EMPLOYEES.—The Administrator shall designate, by order, employees of the Administration who shall carry out the authority described in subsection (a). The designated employees may— 

‘‘(1) have access to and receive criminal history, driver, vehicle, and other law 

enforcement information contained in the law enforcement databases of the Department of Justice, or any jurisdiction of a State, in the same manner as a police officer employed by a State or local authority of that State who is certified 

or commissioned under the laws of that State; 

‘‘(2) use any radio, data link, or warning system of the Federal Government, 

and of any jurisdiction in a State, that provides information about wanted persons, be-on-the-lookout notices, warrant status, or other officer safety information to which a police officer employed by a State or local authority in that State 

who is certified or commission under the laws of that State has access and in 

the same manner as such police officer; or 

‘‘(3) receive Federal, State, or local government communications with a police 

officer employed by a State or local authority in that State in the same manner 

as a police officer employed by a State or local authority in that State who is 

commissioned under the laws of that State. 

‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE INFORMATION DEFINED.—In this 

section, the term ‘system of documented criminal justice information’ means any law 

enforcement database, system, or communication containing information concerning 

identification, criminal history, arrests, convictions, arrest warrants, wanted or 

missing persons, including the National Crime Information Center and its incorporated criminal history databases and the National Law Enforcement Telecommunications System.’’. 


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(b) CLERICAL AMENDMENT.—The analysis for chapter 401 is amended by adding 

at the end the following: 

‘‘40130. FAA access to criminal history records or databases systems.’’. 

SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

(a) IN GENERAL.—Section 47129 is amended— 

(1) in the section heading by striking ‘‘air carrier’’ and inserting ‘‘carrier’’; 

(2) in subsection (a) by striking ‘‘(as defined in section 40102 of this title)’’ 

and inserting ‘‘(as such terms are defined in section 40102)’’; 

(3) in the heading for subsection (d) by striking ‘‘AIR CARRIER’’ and inserting 

‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 

(4) in the heading for paragraph (2) of subsection (d) by striking ‘‘AIR CARRIER’’ and inserting ‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 

(5) by striking ‘‘air carriers’’ each place it appears and inserting ‘‘air carriers 

or foreign air carriers’’; 

(6) by striking ‘‘air carrier’’ each place it appears and inserting ‘‘air carrier 

or foreign air carrier’’; and 

(7) by striking ‘‘air carrier’s’’ each place it appears and inserting ‘‘air carrier’s 

or foreign air carrier’s’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 471 is amended by striking 

the item relating to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-carrier disputes concerning airport fees.’’. 

SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS. 

(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, 

the Secretary of Transportation shall initiate a study to evaluate the formulation 

of the National Plan of Integrated Airport Systems (in this section referred to as 

the ‘‘plan’’) under section 47103 of title 49, United States Code. 

(b) CONTENTS OF STUDY.—The study shall include a review of the following: 

(1) The criteria used for including airports in the plan and the application of 

such criteria in the most recently published version of the plan. 

(2) The changes in airport capital needs between fiscal years 2003 and 2008, 

as reported in the plan, as compared with the amounts apportioned or otherwise 

made available to individual airports over the same period of time. 

(3) A comparison of the amounts received by airports under the airport improvement program in airport apportionments, State apportionments, and discretionary grants during such fiscal years with capital needs as reported in the 

plan. 

(4) The effect of transfers of airport apportionments under title 49, United 

States Code. 

(5) Any other matters pertaining to the plan that the Secretary determines 

appropriate. 

(c) REPORT TO CONGRESS.— 

(1) SUBMISSION.—Not later than 36 months after the date of initiation of the 

study, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the results of the study. 

(2) CONTENTS.—The report shall include— 

(A) the findings of the Secretary on each of the subjects listed in subsection (b); 

(B) recommendations for any changes to policies and procedures for formulating the plan; and 

(C) recommendations for any changes to the methods of determining the 

amounts to be apportioned or otherwise made available to individual airports. 

SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION. 

(a) IN GENERAL.—Section 201 of the Railway Labor Act (45 U.S.C. 181) is amended— 

(1) by striking ‘‘All’’ and inserting ‘‘(a) IN GENERAL.—All’’; 

(2) by inserting ‘‘and every express carrier’’ after ‘‘common carrier by air’’; and 

(3) by adding at the end the following: 

‘‘(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 

‘‘(1) IN GENERAL.—An employee of an express carrier shall be covered by this 

Act only if that employee is in a position that is eligible for certification under 

part 61, 63, or 65 of title 14, Code of Federal Regulations, and only if that employee performs duties for the express carrier that are eligible for such certification. All other employees of an express carrier shall be covered by the provisions of the National Labor Relations Act (29 U.S.C. 151 et seq.). 


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‘‘(2) AIR CARRIER STATUS.—Any person that is an express carrier shall be governed by paragraph (1) notwithstanding any finding that the person is also a 

common carrier by air. 

‘‘(3) EXPRESS CARRIER DEFINED.—In this section, the term ‘express carrier’ 

means any person (or persons affiliated through common control or ownership) 

whose primary business is the express shipment of freight or packages through 

an integrated network of air and surface transportation.’’. 

(b) CONFORMING AMENDMENT.—Section 1 of such Act (45 U.S.C. 151) is amended 

in the first paragraph by striking ‘‘, any express company that would have been subject to subtitle IV of title 49, United States Code, as of December 31, 1995,’’. 

SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FACILITIES. 

(a) ESTABLISHMENT OF WORKING GROUP.—Not later than 9 months after the date 

of enactment of this Act, the Secretary of Transportation shall establish within the 

Federal Aviation Administration (in this section referred to as the ‘‘FAA’’) a working 

group to develop criteria and make recommendations for the realignment of services 

and facilities (including regional offices) of the FAA to assist in the transition to 

next generation facilities and to help reduce capital, operating, maintenance, and 

administrative costs in instances in which cost reductions can be implemented without adversely affecting safety. 

(b) MEMBERSHIP.—The working group shall be composed of— 

(1) the Administrator of the FAA; 

(2) 2 representatives of air carriers; 

(3) 2 representatives of the general aviation community; 

(4) 2 representatives of labor unions representing employees who work at regional or field facilities of the FAA; and 

(5) 2 representatives of the airport community. 

(c) REPORT TO CONGRESS CONTAINING RECOMMENDATIONS OF THE WORKING

GROUP.— 

(1) SUBMISSION.—Not later than 6 months after convening the working group, 

the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report containing the criteria and 

recommendations developed by the working group under this section. 

(2) CONTENTS.—The report shall include a justification for each recommendation to consolidate or realign a service or facility (including a regional office) 

and a description of the costs and savings associated with the consolidation or 

realignment. 

(d) PUBLIC NOTICE AND COMMENT.—The Administrator shall publish the report 

submitted under subsection (c) in the Federal Register and allow 45 days for the 

submission of public comments. In addition, the Administrator upon request shall 

hold a public hearing in a community that would be affected by a recommendation 

in the report. 

(e) OBJECTIONS.—Any interested person may file with the Administrator a written 

objection to a recommendation of the working group. 

(f) REPORT TO CONGRESS CONTAINING RECOMMENDATIONS OF THE ADMINISTRATOR.—Not later than 60 days after the last day of the period for public comment 

under subsection (d), the Administrator shall submit to the committees referred to 

in subsection (c)(1) a report containing the recommendations of the Administrator 

on realignment of services and facilities (including regional offices) of the FAA and 

copies of any public comments and objections received by the Administrator under 

this section. 

(g) LIMITATION ON IMPLEMENTATION OF REALIGNMENTS AND CONSOLIDATIONS.— 

The Administrator may not realign or consolidate any services or facilities (including regional offices) of the FAA before the Administrator has submitted the report 

under subsection (f). 

(h) FAA DEFINED.—In this section, the term ‘‘FAA’’ means the Federal Aviation 

Administration. 

SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE FOR NATIONAL TRANSPORTATION SAFETY BOARD EMPLOYEES. 

Section 1113 is amended by adding at the end the following: 

‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE.— 

‘‘(1) AUTHORITY TO PROVIDE INSURANCE.—The Board may procure accidental 

death and dismemberment insurance for an employee of the Board who travels 

for an accident investigation or other activity of the Board outside the United 

States or inside the United States under hazardous circumstances, as defined 

by the Board. 

‘‘(2) CREDITING OF INSURANCE BENEFITS TO OFFSET UNITED STATES TORT LIABILITY.—Any amounts paid to a person under insurance coverage procured 


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under this subsection shall be credited as offsetting any liability of the United 

States to pay damages to that person under section 1346(b) of title 28, chapter 

171 of title 28, chapter 163 of title 10, or any other provision of law authorizing 

recovery based upon tort liability of the United States in connection with the 

injury or death resulting in the insurance payment. 

‘‘(3) TREATMENT OF INSURANCE BENEFITS.—Any amounts paid under insurance 

coverage procured under this subsection shall not— 

‘‘(A) be considered additional pay or allowances for purposes of section 

5536 of title 5; or 

‘‘(B) offset any benefits an employee may have as a result of government 

service, including compensation under chapter 81 of title 5. 

‘‘(4) ENTITLEMENT TO OTHER INSURANCE.—Nothing in this subsection shall be 

construed as affecting the entitlement of an employee to insurance under section 8704(b) of title 5.’’. 

SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUSTRY IN INTERNATIONAL CHILD 

ABDUCTION CASES. 

(a) STUDY.—The Comptroller General shall conduct a study to help determine how 

the Federal Aviation Administration (in this section referred to as the ‘‘FAA’’) could 

better ensure the collaboration and cooperation of air carriers and foreign air carriers providing air transportation and relevant Federal agencies to develop and enforce child safety control for adults traveling internationally with children. 

(b) CONTENTS.—In conducting the study, the Comptroller General shall examine— 

(1) the nature and scope of exit policies and procedures of the FAA, air carriers, and foreign air carriers and how the enforcement of such policies and procedures is monitored, including ticketing and boarding procedures; 

(2) the extent to which air carriers and foreign air carriers cooperate in the 

investigations of international child abduction cases, including cooperation with 

the National Center for Missing and Exploited Children and relevant Federal, 

State, and local agencies; 

(3) any effective practices, procedures, or lessons learned from the assessment 

of current practices and procedures of air carriers, foreign air carriers, and operators of other transportation modes that could improve the ability of the aviation community to ensure the safety of children traveling internationally with 

adults and, as appropriate, enhance the capability of air carriers and foreign air 

carriers to cooperate in the investigations of international child abduction cases; 

and 

(4) any liability issues associated with providing assistance in such investigations. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, 

the Comptroller General shall submit to Congress a report on the results of the 

study. 

SEC. 810. LOST NATION AIRPORT, OHIO. 

(a) APPROVAL OF SALE.—The Secretary of Transportation may approve the sale of 

Lost Nation Airport from the city of Willoughby, Ohio, to Lake County, Ohio, if— 

(1) Lake County meets all applicable requirements for sponsorship of the airport; and 

(2) Lake County agrees to assume the obligations and assurances of the grant 

agreements relating to the airport executed by the city of Willoughby under 

chapter 471 of title 49, United States Code, and to operate and maintain the 

airport in accordance with such obligations and assurances. 

(b) GRANTS.— 

(1) IN GENERAL.—The Secretary may make a grant, from funds made available under section 48103 of title 49, United States Code, to Lake County to assist in Lake County’s purchase of the Lost Nation Airport under subsection (a). 

(2) FEDERAL SHARE.—The Federal share of the grant under this subsection 

shall be for 90 percent of the cost of Lake County’s purchase of the Lost Nation 

Airport, but in no event may the Federal share of the grant exceed $1,220,000. 

(3) APPROVAL.—The Secretary may make a grant under this subsection only 

if the Secretary receives such written assurances as the Secretary may require 

under section 47107 of title 49, United States Code, with respect to the grant 

and Lost Nation Airport. 

(c) TREATMENT OF PROCEEDS FROM SALE.—The Secretary may grant to the city 

of Willoughby an exemption from the provisions of sections 47107 and 47133 of such 

title, any grant obligations of the city of Willoughby, and regulations and policies 

of the Federal Aviation Administration to the extent necessary to allow the city of 

Willoughby to use the proceeds from the sale approved under subsection (a) for any 

purpose authorized by the city of Willoughby. 


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SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA. 

(a) FINDINGS.—Congress finds that— 

(1) Pollock Municipal Airport located in Pollock, Louisiana (in this section referred to as the ‘‘airport’’), has never been included in the National Plan of Integrated Airport Systems pursuant to section 47103 of title 49, United States 

Code, and is therefore not considered necessary to meet the current or future 

needs of the national aviation system; and 

(2) closing the airport will not adversely affect aviation safety, aviation capacity, or air commerce. 

(b) REQUEST FOR CLOSURE.— 

(1) APPROVAL.—Notwithstanding any other provision of law, requirement, or 

agreement and subject to the requirements of this section, the Administrator of 

the Federal Aviation Administration shall— 

(A) approve a request from the town of Pollock, Louisiana, to close the 

airport as a public airport; and 

(B) release the town from any term, condition, reservation, or restriction 

contained in a surplus property conveyance or transfer document, and from 

any order or finding by the Department of Transportation on the use and 

repayment of airport revenue applicable to the airport, that would otherwise prevent the closure of the airport and redevelopment of the facilities 

to nonaeronautical uses. 

(2) CONTINUED AIRPORT OPERATION PRIOR TO APPROVAL.—The town of Pollock 

shall continue to operate and maintain the airport until the Administrator 

grants the town’s request for closure of the airport. 

(3) USE OF PROCEEDS FROM SALE OF AIRPORT.—Upon the approval of the request to close the airport, the town of Pollock shall obtain fair market value for 

the sale of the airport property and shall immediately upon receipt transfer all 

such proceeds from the sale of the airport property to the sponsor of a public 

airport designated by the Administrator to be used for the development or improvement of such airport. 

(4) RELOCATION OF AIRCRAFT.—Before closure of the airport, the town of Pollock shall provide adequate time for any airport-based aircraft to relocate. 

SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM. 

(a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, 

the Administrator of the Federal Aviation Administration shall develop a human 

intervention and motivation study program for flight crewmembers involved in air 

carrier operations in the United States under part 121 of title 14, Code of Federal 

Regulations. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for each of fiscal years 2009 

through 2012. Such sums shall remain available until expended. 

SEC. 813. WASHINGTON, DC, AIR DEFENSE IDENTIFICATION ZONE. 

(a) SUBMISSION OF PLAN TO CONGRESS.—Not later than 90 days after the date of 

enactment of this Act, the Administrator of the Federal Aviation Administration, in 

consultation with Secretary of Homeland Security and Secretary of Defense, shall 

submit to the Committee on Transportation and Infrastructure and Committee on 

Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for the Washington, DC, 

Air Defense Identification Zone. 

(b) CONTENTS OF PLAN.—The plan shall outline specific changes to the Washington, DC, Air Defense Identification Zone that will decrease operational impacts 

and improve general aviation access to airports in the National Capital Region that 

are currently impacted by the zone. 

SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 

(a) IN GENERAL.—Notwithstanding any other provision of law, including the Federal Airport Act (as in effect on August 8, 1958), the United States releases, without 

monetary consideration, all restrictions, conditions, and limitations on the use, encumbrance, or conveyance of certain land located in the municipality of Anchorage, 

Alaska, more particularly described as Tracts 22 and 24 of the Fourth Addition to 

the Town Site of Anchorage, Alaska, as shown on the plat of U.S. Survey No. 1456, 

accepted June 13, 1923, on file in the Bureau of Land Management, Department 

of Interior. 

(b) GRANTS.—Notwithstanding any other provision of law, the municipality of Anchorage shall be released from the repayment of any outstanding grant obligations 

owed by the municipality to the Federal Aviation Administration with respect to any 

land described in subsection (a) that is subsequently conveyed to or used by the DeVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00064 Fmt 6659 Sfmt 6621 E:\HR\OC\HR119P1.XXX HR119P1

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partment of Transportation and Public Facilities of the State of Alaska for the construction or reconstruction of a federally subsidized highway project. 

SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. HOBBY AIRPORT, HOUSTON, TEXAS. 

It is the sense of Congress that the Nation— 

(1) supports the goals and ideals of the 1940 Air Terminal Museum located 

at William P. Hobby Airport in the city of Houston, Texas; 

(2) congratulates the city of Houston and the 1940 Air Terminal Museum on 

the 80-year history of William P. Hobby Airport and the vital role of the airport 

in Houston’s and the Nation’s transportation infrastructure; and 

(3) recognizes the 1940 Air Terminal Museum for its importance to the Nation 

in the preservation and presentation of civil aviation heritage and recognizes 

the importance of civil aviation to the Nation’s history and economy. 

SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO FLIGHT CREWMEMBERS. 

Not later than 180 days after the date of enactment of this Act, the Administrator 

of the Federal Aviation Administration shall initiate a rulemaking proceeding for 

the following purposes: 

(1) To require a flight crewmember who is employed by an air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, and 

who accepts an additional assignment for flying under part 91 of such title from 

the air carrier or from any other air carrier conducting operations under part 

121 or 135 of such title, to apply the period of the additional assignment (regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under part 121 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight 

times under part 121 of such title. 

(2) To require a flight crewmember who is employed by an air carrier conducting operations under part 135 of title 14, Code of Federal Regulations, and 

who accepts an additional assignment for flying under part 91 of such title from 

the air carrier or any other air carrier conducting operations under part 121 or 

135 of such title, to apply the period of the additional assignment (regardless 

of whether the assignment is performed by the flight crewmember before or 

after an assignment to fly under part 135 of such title) toward any limitation 

applicable to the flight crewmember relating to duty periods or flight times 

under part 135 of such title. 

SEC. 817. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES. 

(a) IN GENERAL.—Not later than one year after the date of enactment of this Act, 

the Administrator of the Federal Aviation Administration shall establish a pilot program at up to 4 public-use airports (as defined in section 47102 of title 49, United 

States Code) that have a noise compatibility program approved by the Administrator under section 47504 of such title. 

(b) GRANTS.—Under the pilot program, the Administrator may make a grant in 

a fiscal year, from funds made available under section 47117(e)(1)(A) of such title, 

to the operator of an airport participating in the pilot program— 

(1) to support joint planning (including planning described in section 

47504(a)(2)(F) of such title), engineering design, and environmental permitting 

for the assembly and redevelopment of real property purchased with noise mitigation funds made available under section 48103 or passenger facility revenues 

collected for the airport under section 40117 of such title; and 

(2) to encourage compatible land uses with the airport and generate economic 

benefits to the airport operator and an affected local jurisdiction. 

(c) GRANT REQUIREMENTS.—The Administrator may not make a grant under this 

section unless the grant is made— 

(1) to enable the airport operator and an affected local jurisdiction to expedite 

their noise mitigation redevelopment efforts with respect to real property described in subsection (b)(1); 

(2) subject to a requirement that the affected local jurisdiction has adopted 

zoning regulations that permit compatible redevelopment of real property described in subsection (b)(1); and 

(3) subject to a requirement that funds made available under section 

47117(e)(1)(A) with respect to real property assembled and redeveloped under 

subsection (b)(1) plus the amount of any grants made for acquisition of such 

property under section 47504 of such title are repaid to the Administrator upon 

the sale of such property. 

(d) COOPERATION WITH LOCAL AFFECTED JURISDICTION.—An airport operator may 

use funds granted under this section for a purpose described in subsection (b) only 

in cooperation with an affected local jurisdiction. 


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(e) UNITED STATES GOVERNMENT SHARE.— 

(1) IN GENERAL.—The United States Government share of the allowable costs 

of a project carried out under the pilot program shall be 80 percent. 

(2) DETERMINATION.—In determining the allowable project costs of a project 

carried out under the pilot program for purposes of this subsection, the Administrator shall deduct from the total costs of the project that portion of the total 

costs of the project that are incurred with respect to real property that is not 

owned or to be acquired by the airport operator pursuant to the noise compatibility program for the airport or that is not owned by an affected local jurisdiction or other public entity. 

(3) MAXIMUM AMOUNT.—Not more than $5,000,000 in funds made available 

under section 47117(e) of title 49, United States Code, may be expended under 

this pilot program at any single public-use airport. 

(f) SPECIAL RULES FOR REPAID FUNDS.—The amounts repaid to the Administrator 

with respect to an airport under subsection (c)(3)— 

(1) shall be available to the Administrator for the following actions giving 

preference to such actions in descending order: 

(A) reinvestment in an approved noise compatibility project at the airport; 

(B) reinvestment in another project at the airport that is available for 

funding under section 47117(e) of title 49, United States Code; 

(C) reinvestment in an approved airport development project at the airport that is eligible for funding under section 47114, 47115, or 47117 of 

such title; 

(D) reinvestment in approved noise compatibility project at any other 

public airport; and 

(E) deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502); 

(2) shall be in addition to amounts authorized under section 48103 of title 49, 

United States Code; and 

(3) shall remain available until expended. 

(g) USE OF PASSENGER FACILITY REVENUE.—An operator of an airport participating in the pilot program may use passenger facility revenue collected for the airport under section 40117 of title 49, United States Code, to pay the portion of the 

total cost of a project carried out by the operator under the pilot program that are 

not allowable under subsection (e)(2). 

(h) SUNSET.—The Administrator may not make a grant under the pilot program 

after September 30, 2012. 

(i) REPORT TO CONGRESS.—Not later than the last day of the 30th month following 

the date on which the first grant is made under this section, the Administrator shall 

report to Congress on the effectiveness of the pilot program on returning real property purchased with noise mitigation funds made available under section 

47117(e)(1)(A) or 47505 or passenger facility revenues to productive use. 

(j) NOISE COMPATIBILITY MEASURES.—Section 47504(a)(2) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (D); 

(2) by striking the period at the end of subparagraph (E) and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following: 

‘‘(F) joint comprehensive land use planning, including master plans, traffic studies, environmental evaluation and economic and feasibility studies, 

with neighboring local jurisdictions undertaking community redevelopment 

in the area where any land or other property interest acquired by the airport operator under this subsection is located, to encourage and enhance redevelopment opportunities that reflect zoning and uses that will prevent 

the introduction of additional incompatible uses and enhance redevelopment potential.’’. 

SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND AND STATEN ISLAND, NEW YORK. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study on helicopter operations over Long Island and Staten Island, New 

York. 

(b) CONTENTS.—In conducting the study, the Administrator shall examine, at a 

minimum, the following: 

(1) The effect of helicopter operations on residential areas, including— 

(A) safety issues relating to helicopter operations; 

(B) noise levels relating to helicopter operations and ways to abate the 

noise levels; and 

(C) any other issue relating to helicopter operations on residential areas. 

(2) The feasibility of diverting helicopters from residential areas. 


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(3) The feasibility of creating specific air lanes for helicopter operations. 

(4) The feasibility of establishing altitude limits for helicopter operations. 

(c) EXCEPTIONS.—Any determination under this section on the feasibility of establishing limitations or restrictions for helicopter operations over Long Island and 

Staten Island, New York, shall not apply to helicopters performing operations for 

news organizations, the military, law enforcement, or providers of emergency services. 

(d) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be 

construed to interfere with the Federal Aviation Administration’s authority to ensure the safe and efficient use of the national airspace system. 

(e) REPORT.—Not later than 6 months after the date of the enactment of this Act, 

the Administrator shall submit to Congress a report on the results of the study, including information and recommendations concerning the issues examined under 

subsection (b). 

SEC. 819. CABIN TEMPERATURE STANDARDS STUDY. 

(a) STUDY.—Not later than 6 months after the date of enactment of this Act, the 

Administrator of the Federal Aviation Administration shall conduct a study to determine whether onboard temperature standards are necessary to protect cabin and 

cockpit crew members and passengers on an aircraft of an air carrier used to provide air transportation from excessive heat onboard such aircraft during standard 

operations or during an excessive flight delay. 

(b) TEMPERATURE REVIEW.—In conducting the study under subsection (a), the Administrator shall— 

(1) survey onboard cabin and cockpit temperatures of a representative sampling of different aircraft types and operations; 

(2) address the appropriate placement of temperature monitoring devices onboard the aircraft to determine the most accurate measurement of onboard temperature and develop a system for the reporting of excessive temperature onboard passenger aircraft by cockpit and cabin crew members; and 

(3) review the impact of implementing such onboard temperature standards 

on the environment, fuel economy, and avionics and determine the costs associated with such implementation and the feasibility of using ground equipment 

or other mitigation measures to offset any such costs. 

(c) REPORT TO CONGRESS.—Not later than 18 months after the date of enactment 

of this Act, the Administrator shall submit to Congress a report on the findings of 

the study. 

SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS. 

Section 46301 is amended— 

(1) in subsection (a)(1)(A) by inserting ‘‘chapter 451,’’ before ‘‘section 

47107(b)’’; 

(2) in subsection (a)(5)(A)(i)— 

(A) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter 449’’; and 

(B) by inserting after ‘‘44909)’’ the following: ‘‘, or chapter 451’’; and 

(3) in subsection (d)(2)— 

(A) by inserting after ‘‘44723)’’ the following: ‘‘, chapter 451 (except section 45107)’’; and 

(B) by inserting after ‘‘44909),’’ the following: ‘‘section 45107 or’’. 

SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGESTION. 

Not later than 18 months after the date of enactment of this Act, the Comptroller 

General shall conduct a study and submit a report to Congress regarding effective 

strategies to alleviate congestion in the national airspace at airports during peak 

travel times, by evaluating the effectiveness of reducing flight schedules and staggering flights, developing incentives for airlines to reduce the number of flights offered, and instituting slots and quotas at airports. In addition, the Comptroller General shall compare the efficiency of implementing the strategies in the preceding 

sentence with redesigning airspace and evaluate any legal obstacles to implementing such strategies. 

SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT. 

Not later than one year after the date of enactment of this Act, the Secretary of 

Transportation shall issue regulations under chapter 447 of title 49, United States 

Code, that require air carriers to provide initial and annual recurring training for 

flight attendants and gate attendants regarding serving alcohol, dealing with disruptive passengers, and recognizing intoxicated persons. The training shall include 

situational training on methods of handling an intoxicated person who is belligerent. 


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SEC. 823. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED 

SEARCH ENGINE ON WIND TURBINE INSTALLATION OBSTRUCTION. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall carry 

out a study on the feasibility of developing a publicly searchable, Internet Webbased resource that provides information regarding the acceptable height and distance that wind turbines may be installed in relation to aviation sites and the level 

of obstruction such turbines may present to such sites. 

(b) CONSIDERATIONS.—In conducting the study, the Administrator shall consult, if 

appropriate, with the Secretaries of the Army, Navy and Air Force, Homeland Security, Agriculture, and Energy to coordinate the requirements of each agency for future air space needs, determine what the acceptable risks are to existing infrastructure of each agency, and define the different levels of risk for such infrastructure. 

(c) IMPACT OF WIND TURBINES ON RADAR SIGNALS.—In conducting the study, the 

Administrator shall consider the impact of the operation of wind turbines, individually and in collections, on radar signals and evaluate the feasibility of providing 

quantifiable measures of numbers of turbines and distance from radars that are acceptable. 

(d) REPORT.—Not later than one year after the date of enactment of this Act, the 

Secretary shall submit a report on the results of the study to the Committee on 

Transportation and Infrastructure, Committee on Homeland Security, Committee on 

Armed Services, Committee on Agriculture, and Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, 

and Transportation, Committee on Homeland Security and Governmental Affairs, 

Committee on Agriculture, Nutrition, and Forestry, andCommittee on Armed Services of the Senate. 

SEC. 824. WIND TURBINE LIGHTING. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study on wind turbine lighting systems. 

(b) CONTENTS.—In conducting the study, the Administrator shall examine the following: 

(1) The effect of wind turbine lighting on residential areas. 

(2) The safety issues associated with alternative lighting strategies, technologies, and regulations. 

(3) Potential energy savings associated with alternative lighting strategies, 

technologies, and regulations. 

(4) The feasibility of implementing alternative lighting strategies or technologies. 

(5) Any other issue relating to wind turbine lighting. 

(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Administrator shall submit to Congress a report on the results of the study, including information and recommendations concerning the issues examined under subsection (b). 

SEC. 825. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT. 

(a) STUDY.—Not later than 180 days after the date of enactment of this Act, the 

Administrator of the Federal Aviation Administration, in consultation with appropriate air carriers, aircraft manufacturers, and air carrier labor representatives, 

shall conduct a study to identify a physical means, or a combination of physical and 

procedural means, of limiting access to the flight decks of all-cargo aircraft to authorized flight crew members. 

(b) REPORT.—Not later than one year after the date of enactment of this Act, the 

Administrator shall submit to Congress a report on the results of the study. 

TITLE IX—FEDERAL AVIATION RESEARCH AND 

DEVELOPMENT 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘Federal Aviation Research and Development Reauthorization Act of 2009’’. 

SEC. 902. DEFINITIONS. 

As used in this title, the following definition apply: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of 

the Federal Aviation Administration. 

(2) FAA.—The term ‘‘FAA’’ means the Federal Aviation Administration. 

(3) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration. 


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(4) NATIONAL RESEARCH COUNCIL.—The term ‘‘National Research Council’’ 

means the National Research Council of the National Academies of Science and 

Engineering. 

(5) NOAA.—The term ‘‘NOAA’’ means the National Oceanic and Atmospheric 

Administration. 

(6) NSF.—The term ‘‘NSF’’ means the National Science Foundation. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. 

SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF AVIATION ON THE CLIMATE. 

(a) IN GENERAL.—The Administrator, in coordination with NASA and the United 

States Climate Change Science Program, shall carry out a research initiative to assess the impact of aviation on the climate and, if warranted, to evaluate approaches 

to mitigate that impact. 

(b) RESEARCH PLAN.—Not later than one year after the date of enactment of this 

Act, the participating Federal entities shall jointly develop a plan for the research 

program that contains the objectives, proposed tasks, milestones, and 5-year budgetary profile. 

SEC. 904. RESEARCH PROGRAM ON RUNWAYS. 

(a) RESEARCH PROGRAM.—The Administrator shall maintain a program of research grants to universities and nonprofit research foundations for research and 

technology demonstrations related to— 

(1) improved runway surfaces; and 

(2) engineered material restraining systems for runways at both general aviation airports and airports with commercial air carrier operations. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

such sums as may be necessary for each of the fiscal years 2009 through 2012 to 

carry out this section. 

SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION. 

(a) ESTABLISHMENT OF PROGRAM.—Not later than 6 months after the date of enactment of this Act, the FAA, in consultation with other agencies as appropriate, 

shall establish a research program on methods to improve both confidence in and 

the timeliness of certification of new technologies for their introduction into the national airspace system. 

(b) RESEARCH PLAN.—Not later than 1 year after the date of enactment of this 

Act, as part of the activity described in subsection (a), the FAA shall develop a plan 

for the research program that contains the objectives, proposed tasks, milestones, 

and five-year budgetary profile. 

(c) REVIEW.—The Administrator shall have the National Research Council conduct 

an independent review of the research program plan and provide the results of that 

review to the Committee on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate not later than 18 months 

after the date of enactment of this Act. 

SEC. 906. CENTERS OF EXCELLENCE. 

(a) GOVERNMENT’S SHARE OF COSTS.—Section 44513(f) is amended to read as follows: 

‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s share of 

establishing and operating the center and all related research activities that grant 

recipients carry out shall not exceed 75 percent of the costs. The United States Government’s share of an individual grant under this section shall not exceed 90 percent of the costs.’’. 

(b) ANNUAL REPORT.—The Administrator shall transmit annually to the Committee on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate at the time of the President’s budget request a report that lists— 

(1) the research projects that have been initiated by each Center of Excellence 

in the preceding year; 

(2) the amount of funding for each research project and the funding source; 

(3) the institutions participating in each project and their shares of the overall funding for each research project; and 

(4) the level of cost-sharing for each research project. 

SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

Section 44511(f) is amended— 

(1) in paragraph (1) by striking ‘‘establish a 4-year pilot’’ and inserting ‘‘maintain an’’; and 


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(2) in paragraph (4)— 

(A) by striking ‘‘expiration of the program’’ and inserting ‘‘expiration of 

the pilot program’’; and 

(B) by striking ‘‘program, including recommendations as to the need for 

establishing a permanent airport cooperative research program’’ and inserting ‘‘program’’. 

SEC. 908. UNMANNED AIRCRAFT SYSTEMS. 

(a) RESEARCH INITIATIVE.—Section 44504(b) is amended— 

(1) in paragraph (6) by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (7) by striking the period at the end and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following: 

‘‘(8) in conjunction with other Federal agencies, as appropriate, to develop 

technologies and methods to assess the risk of and prevent defects, failures, and 

malfunctions of products, parts, and processes, for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace 

system.’’. 

(b) SYSTEMS, PROCEDURES, FACILITIES, AND DEVICES.—Section 44505(b) is amended— 

(1) in paragraph (4) by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (5)(C) by striking the period at the end and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(6) to develop a better understanding of the relationship between human factors and unmanned aircraft systems safety; and 

‘‘(7) to develop dynamic simulation models for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national airspace system users.’’. 

SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS. 

(a) IN GENERAL.—The Administrator shall establish a program to utilize colleges 

and universities, including Historically Black Colleges and Universities, Hispanic 

serving institutions, tribally controlled colleges and universities, and Alaska Native 

and Native Hawaiian serving institutions in conducting research by undergraduate 

students on subjects of relevance to the FAA. Grants may be awarded under this 

section for— 

(1) research projects to be carried out primarily by undergraduate students; 

(2) research projects that combine undergraduate research with other research supported by the FAA; 

(3) research on future training requirements related to projected changes in 

regulatory requirements for aircraft maintenance and power plant licensees; 

and 

(4) research on the impact of new technologies and procedures, particularly 

those related to aircraft flight deck and air traffic management functions, and 

on training requirements for pilots and air traffic controllers. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $5,000,000 for each of the fiscal years 2009 through 2012, for research grants under 

this section. 

SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM. 

(a) CONTINUATION OF PROGRAM.—The Administrator, in coordination with the 

NASA Administrator, shall continue research and development activities into technologies for modification of existing general aviation piston engines to enable their 

safe operation using unleaded aviation fuel. 

(b) ROADMAP.—Not later than 120 days after the date of enactment of this Act, 

the Administrator shall develop a research and development roadmap for the program continued in subsection (a), containing the specific research and development 

objectives and the anticipated timetable for achieving the objectives. 

(c) REPORT.—Not later than 130 days after the date of enactment of this Act, the 

Administrator shall provide the roadmap specified in subsection (b) to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

$750,000 for each of the fiscal years 2009 through 2012 to carry out this section. 

SEC. 911. REVIEW OF FAA’S ENERGY- AND ENVIRONMENT-RELATED RESEARCH PROGRAMS. 

(a) STUDY.—The Administrator shall enter into an arrangement with the National 

Research Council for a review of the FAA’s energy- and environment-related research programs. The review shall assess whether— 


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(1) the programs have well-defined, prioritized, and appropriate research objectives; 

(2) the programs are properly coordinated with the energy- and environmentrelated research programs of NASA, NOAA, and other relevant agencies; 

(3) the programs have allocated appropriate resources to each of the research 

objectives; and 

(4) there exist suitable mechanisms for transitioning the research results into 

the FAA’s operational technologies and procedures and certification activities. 

(b) REPORT.—A report containing the results of the review shall be provided to 

the Committee on Science and Technology of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate within 18 

months of the enactment of this Act. 

SEC. 912. REVIEW OF FAA’S AVIATION SAFETY-RELATED RESEARCH PROGRAMS. 

(a) REVIEW.—The Administrator shall enter into an arrangement with the National Research Council for an independent review of the FAA’s aviation safety-related research programs. The review shall assess whether— 

(1) the programs have well-defined, prioritized, and appropriate research objectives; 

(2) the programs are properly coordinated with the safety research programs 

of NASA and other relevant Federal agencies; 

(3) the programs have allocated appropriate resources to each of the research 

objectives; and 

(4) there exist suitable mechanisms for transitioning the research results from 

the programs into the FAA’s operational technologies and procedures and certification activities in a timely manner. 

(b) AVIATION SAFETY-RELATED RESEARCH PROGRAMS TO BE ASSESSED.—The FAA 

aviation safety-related research programs to be assessed under the review shall include, at a minimum, the following: 

(1) Air traffic control/technical operations human factors. 

(2) Runway incursion reduction. 

(3) Flightdeck/maintenance system integration human factors. 

(4) Airports technology research—safety. 

(5) Airport cooperative research program—safety. 

(6) Weather program. 

(7) Atmospheric hazards/digital system safety. 

(8) Fire research and safety. 

(9) Propulsion and fuel systems. 

(10) Advanced materials/structural safety. 

(11) Aging aircraft. 

(12) Aircraft catastrophic failure prevention research. 

(13) Aeromedical research. 

(14) Aviation safety risk analysis. 

(15) Unmanned aircraft systems research. 

(c) REPORT.—Not later than 14 months after the date of enactment of this Act, 

the Administrator shall submit to Congress a report on the results of the review. 

(d) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized to be 

appropriated by the amendments made by this Act, there is authorized to be appropriated $700,000 for fiscal year 2009 to carry out this section. 

SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL AIRCRAFT. 

(a) ESTABLISHMENT OF RESEARCH PROGRAM.—Using amounts made available 

under section 48102(a) of title 49, United States Code, the Secretary of Transportation shall conduct a research program related to developing jet fuel from alternative sources (such as coal, natural gas, biomass, ethanol, butanol, and hydrogen) 

through grants or other measures authorized under section 106(l)(6) of such title, 

including reimbursable agreements with other Federal agencies. 

(b) PARTICIPATION BY EDUCATIONAL AND RESEARCH INSTITUTIONS.—In conducting 

the program, the Secretary shall provide for participation by educational and research institutions that have existing facilities and experience in the development 

and deployment of technology for alternative jet fuels. 

(c) DESIGNATION OF INSTITUTE AS A CENTER OF EXCELLENCE.—Not later than 6 

months after the date of enactment of this Act, the Administrator of the Federal 

Aviation Administration shall designate an institution described in subsection (a) as 

a Center of Excellence for Alternative Jet Fuel Research. 

SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOYMENT. 

(a) ESTABLISHMENT.—The Administrator shall establish a Center for Excellence in 

Aviation Employment (in this section referred to as the ‘‘Center’’). 


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(b) APPLIED RESEARCH AND TRAINING.—The Center shall conduct applied research 

and training on— 

(1) human performance in the air transportation environment; 

(2) air transportation personnel, including air traffic controllers, pilots, and 

technicians; and 

(3) any other aviation human resource issues pertinent to developing and 

maintaining a safe and efficient air transportation system. 

(c) DUTIES.—The Center shall— 

(1) in conjunction with the Collegiate Training Initiative and other air traffic 

controller training programs, develop, implement, and evaluate a comprehensive, best-practices based training program for air traffic controllers; 

(2) work with the Office of Human Resource Management of the FAA as that 

office develops and implements a strategic recruitment and marketing program 

to help the FAA compete for the best qualified employees and incorporate an 

employee value proposition process that results in attracting a broad-based and 

diverse aviation workforce in mission critical positions, including air traffic controller, aviation safety inspector, airway transportation safety specialist, and engineer; 

(3) through industry surveys and other research methodologies and in partnership with the ‘‘Taskforce on the Future of the Aerospace Workforce’’ and the 

Secretary of Labor, establish a baseline of general aviation employment statistics for purposes of projecting and anticipating future workforce needs and demonstrating the economic impact of general aviation employment; 

(4) conduct a comprehensive analysis of the airframe and powerplant technician certification process and employment trends for maintenance repair organization facilities, certificated repair stations, and general aviation maintenance 

organizations; 

(5) establish a best practices model in aviation maintenance technician school 

environments; and 

(6) establish a workforce retraining program to allow for transition of recently 

unemployed and highly skilled mechanics into aviation employment. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Administrator such sums as may be necessary to carry out this section. Such 

sums shall remain available until expended. 

PURPOSE OF LEGISLATION

The bill, as amended, reauthorizes programs of the Federal Aviation Administration (FAA) and makes a number of changes in aviation laws to increase the safety, efficiency, and capacity of the aviation system. 

BACKGROUND AND NEED FOR LEGISLATION

The Airport Improvement Program (AIP) is funded by contract 

authority that is provided in FAA authorizing legislation, rather 

than in annual appropriations acts. Therefore, if the AIP is not reauthorized, airports will not be able to receive any grants from the 

Airport and Airways Trust Fund (Trust Fund) after September 30, 

2009. This sets AIP apart from the other programs funded from the 

Trust Fund. While the other programs need to be reauthorized as 

well, they can receive funding if an appropriations act is passed. 

Programs providing Federal aid to airports began in 1946 and 

have been modified several times. The Trust Fund was created in 

1970. The current AIP began in 1982. 

AIP is funded entirely by the Trust Fund. The Trust Fund, in 

turn, is supported entirely by the following taxes on aviation users: 

7.5 percent passenger ticket tax; 

$3.60 passenger flight segment fee (does not apply to passengers departing from rural airports, which are defined as 

those that have less than 100,000 passengers per year); 

6.25 percent freight waybill tax; 

$16.10 international departure and arrival taxes; 


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7.5 percent frequent flyer award tax; and 

Aviation fuel taxes as follows: 

4.3 cents on commercial aviation; 

19.3 cents on general aviation gasoline; and 

21.8 cents on general aviation jet fuel. 

In fiscal year (FY) 2009, the Trust Fund supported 58 percent of 

the FAA’s Operations budget and the AIP, Facilities and Equipment (F&E), and Research, Engineering, and Development (RE&D) 

programs. The $3.804 billion remainder of the FAA Operations 

budget is provided from the General Fund of the Treasury. The 

General Fund contribution to FAA’s total budget has varied over 

time, and has ranged between 16 percent and 21 percent over the 

last four years. Over the past 20 years (1988–2007), the General 

Fund contribution has averaged 25 percent of the FAA’s total budget. 

In FY 2009, FAA programs received the following amounts from 

the Trust Fund: 

AIP—$3.5 billion; 

F&E—$2.7 billion; 

Operations—$5.2 billion from the Trust Fund (the remaining 

$3.8 billion of the $9.0 billion FAA operating budget comes 

from the General Fund); and 

RE&D—$171 million. 

In addition, pursuant to the American Recovery and Reinvestment Act of 2009 (P.L. 111–5), Congress appropriated $1.1 billion 

for AIP and $200 million for F&E. 

TRUST FUND PROCEDURAL PROTECTIONS

The Trust Fund was created in 1970 to provide a stable, longterm source of funding to develop the nation’s airports and air traffic control (ATC) system. The concept was that taxes would be imposed on users of the system, particularly airlines and their passengers, and general aviation. The revenues from users would be 

placed in a Trust Fund where they would be used promptly and exclusively for improvements in aviation infrastructure. 

Problems developed with this mechanism in the 1980s. Because 

the revenues and expenditures of the Trust Fund are part of the 

overall budget, if the Trust Fund does not spend all of its revenues, 

the ‘‘surplus’’ helps offset deficits in the rest of the general budget. 

As a result, chronic underfunding of critical investment in aviation 

infrastructure occurred. The uncommitted balance in the Trust 

Fund continued to grow, reaching a peak of $7.7 billion in 1991. 

This meant that there were billions of dollars in the Trust Fund 

unused even though there were significant needs to expand airport 

capacity and modernize the ATC system. The Trust Fund surplus 

was reduced by spending more Trust Fund money on FAA Operations, despite formulas in the law that intended to give priority 

to the capital programs. 

For many years, the Committee on Transportation and Infrastructure (Committee) and the aviation community sought to ensure that the money aviation users paid into the Trust Fund would 

actually be used for aviation infrastructure improvements. In the 

1980s and 1990s, legislation was introduced to take the Trust Fund 

off budget, but none was enacted. 


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In 1999, another effort was launched to unlock the Trust Fund. 

This effort culminated in the enactment of the Wendell H. Ford 

Aviation Investment and Reform Act for the 21st Century (AIR 21) 

(P.L. 106–181) on April 5, 2000. While the Trust Fund remained 

on budget, AIR 21, through a series of procedural points of order, 

ensured that every dollar aviation users pay into the Trust Fund 

was actually invested in aviation programs. 

AIR 21 required that the: (1) total amount available for spending 

from the Trust Fund each year is equal to the Trust Fund receipts 

plus interest as estimated by the President’s budget for that year; 

and (2) total spending on the two major capital programs (AIP and 

F&E) must be at authorized levels. If an appropriations bill is 

brought to the House or Senate floor that does not meet these two 

requirements, any Member can make a point of order against it 

and the bill may not be considered in that form. 

The AIR 21 funding guarantees were subsequently extended in 

Vision 100—the Century of Aviation Reauthorization Act (Vision 

100) (P.L. 108–176). Since AIR 21’s enactment, aviation infrastructure investment has increased dramatically. AIP increased from 

$1.95 billion in FY 2000 to $3.5 billion in FY 2009, and F&E increased from $2 billion to $2.7 billion over the same period. 

The Trust Fund share of FAA’s Operations account varies from 

year-to-year depending on Trust Fund receipts and the amount invested in capital programs. Under AIR 21 and Vision 100, the 

Trust Fund share is calculated by subtracting the amount invested 

in the capital programs (AIP, F&E, and RE&D) from the total estimated Trust Fund receipts and interest. 

AIP FORMULA

There are approximately 19,815 airports in the United States. Of 

those airports, 5,190 airports are open to the public. The FAA’s National Plan of Integrated Airport Systems (NPIAS) identifies 3,411 

airports that are significant to the national aviation system, and 

therefore are eligible for AIP grants. The NPIAS also includes a 

five-year estimate of the amounts of AIP investment needed to 

bring these airports up to current design standards and add capacity to congested airports. NPIAS airports account for 100 percent 

of passenger enplanements. In addition, 90 percent of all general 

aviation aircraft are based at these airports, and 98 percent of the 

population resides within 20 miles of these airports. 

AIP grants are distributed by formulas that are set forth in law. 

These formulas are described below. 

ENTITLEMENT FUNDING

The law divides AIP money into two broad categories: entitlement funds and discretionary funds. Entitlement funds are further 

divided into four sub-categories. They are: 

Primary airport entitlements; 

Cargo airport entitlements; 

State and general aviation entitlements; and 

Alaskan airport entitlements. 

Primary airport entitlement 

Regardless of the number of passengers boarded, the minimum 

entitlement of a primary, commercial service airport is $650,000 


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per year (or $1,000,000 per year if AIP is at least $3.2 billion). 

There are 390 primary airports and 116 cargo airports that qualify 

for these entitlements. 

To receive the entitlement, an airport must have a project, such 

as a runway, terminal, or noise abatement project that is eligible 

for AIP funding under the law. An airport can retain the right to 

receive its entitlement money for three years (or four years in the 

case of smaller airports that are classified as non-hub airports). Entitlement funds deferred to a later year are referred to as carryover 

entitlement. 

Cargo airport entitlement 

Cargo service airports include: (1) airports that are served by 

cargo-only (freighter) aircraft with a total annual landed weight of 

more than 100 million pounds; and (2) other airports that the Department of Transportation (DOT) finds will be served primarily by 

freighter aircraft. These airports are entitled to share money that 

equals 3.5 percent of total AIP funds. AIP funds are allocated according to the total landed weight of cargo-only aircraft landing at 

an airport to the total landed weight of such aircraft at all cargo 

service airports. Landed weight means the weight of aircraft transporting only cargo under regulations prescribed by the Secretary of 

Transportation (Secretary). 

State Apportionment/General Aviation Entitlement 

General aviation airports receive 20 percent of total AIP funds. 

These airports are used by private planes or have only limited commercial airline service (less than 10,000 passengers per year). 

Each general aviation airport is entitled to receive the amount of 

money needed for its planned development, as listed in the FAA’s 

NPIAS. The amount of this entitlement is limited to $150,000 per 

year per airport. 

The remaining funds are allocated to the states by a formula 

that takes into account the population and area of each state. General aviation airports that are seeking AIP money from this allocation usually apply directly to the FAA. Some states require their 

airports to channel their AIP applications through the state aviation agency. The FAA then decides which airports will get the 

money. In addition, ten States (Georgia, Illinois, Michigan, Missouri, New Hampshire, North Carolina, Pennsylvania, Tennessee, 

Texas, and Wisconsin) participate in the State Block Grant program. Under this program, the FAA gives the state aviation agency 

more responsibility to manage its AIP allocation and the state, not 

the FAA, decides which general aviation airports will receive 

grants. States that participate in the State Block Grant program 

do not receive more funding but they do get more control over how 

it is distributed to airports in their state. 

Alaska Entitlement 

By law, Alaskan airports are entitled to receive at least the same 

amount of money that they received in 1980, i.e., $10.5 million. If 

total AIP funding is at least $3.2 billion in a year, that amount is 

doubled. 


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DISCRETIONARY FUNDING

The FAA, at its own discretion, can invest any funds remaining 

after entitlements are funded. However, this discretionary fund is 

subject to three set-asides. 

Noise/Environment 

The law sets aside 35 percent of AIP discretionary funds for 

noise/environmental projects. 

Military Airports 

Under the military airport program (MAP), FAA selects 15 current or former military airports (including at least one general 

aviation airport) to share in a set-aside, which is equal to four percent of the discretionary fund. The MAP’s purpose is to increase 

overall system capacity by promoting joint civilian-military use of 

military airports or by converting former military airports to civilian use. There are currently 15 airports in the MAP. 

Discretionary 

After the entitlements and set-asides are funded, the remaining 

money can be invested at FAA’s discretion. These funds are often 

referred to as ‘‘pure discretionary’’ AIP funds. Seventy-five percent 

of these discretionary funds must be invested in airport projects 

that will enhance capacity, safety, or security, or will reduce noise. 

PASSENGER FACILITY CHARGE

In 1990, the Committee became concerned that AIP alone would 

not be able to meet the future infrastructure needs of U.S. airports. 

Consequently, the Omnibus Budget Reconciliation Act of 1990 (P.L. 

101–508) permitted an airport to assess a fee on passengers. This 

fee is known as the passenger facility charge (PFC). PFCs are collected by the airlines and paid directly to the airport. They are intended to supplement AIP by providing more funding for runways, 

taxiways, terminals, gates, and other airport improvements. 

The 1990 law limited the PFC to $3.00 per passenger. AIR 21 increased the PFC cap to $4.50. A passenger may not pay more than 

$18 in PFCs per round-trip regardless of the number of airports 

through which the passenger connects. An airport cannot charge a 

PFC until it is approved by the FAA. 

The FAA has approved PFCs at 378 airports, and 346 were collecting fees as of March 1, 2009. In 2008, the FAA estimates that 

actual PFC collections totaled approximately $2.768 billion. In 

2009, the FAA predicts that airports will collect approximately 

$2.899 billion in PFCs. 

If a medium- or large-hub airport charges a $3.00 PFC, it must 

forgo up to 50 percent of its AIP passenger entitlement. If it 

charges more than $3.00, it must forgo 75 percent of its AIP passenger entitlement. The forgone entitlements go into a special 

small airport fund to be distributed as follows: 

50 percent to non-hub airports; 

25 percent to general aviation airports; 

12.5 percent to small-hub airports; and 

12.5 percent to the discretionary fund. 


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As of March 1, 2009, 252 small-hub, non-hub, and commercial 

service airports were approved to receive the maximum PFC, and 

56 medium and large hubs were approved to receive the maximum 

PFC. The Committee continues to support the PFC program. 

AIR SERVICE TO UNDERSERVED AIRPORTS

The Committee continues to be concerned about air service to 

small- and medium-sized airports. Section 203 of AIR 21, codified 

at section 41743 of title 49, United States Code, included a pilot 

program referred to as the Small Community Air Service Development (SCASD) program to make grants to small communities to 

help them bolster their air service. This program was extended in 

Vision 100. 

ESSENTIAL AIR SERVICE (EAS) PROGRAM

The Essential Air Service (EAS) program was created in 1978 to 

ensure that no communities lost air service as a result of the Airline Deregulation Act of 1978 (ADA) (P.L. 95–504). It provides subsidies to commuter airlines to provide service to small communities 

where there are not enough passengers to operate profitably. 

Under the EAS program, DOT establishes a minimum level of air 

service for each of the eligible airports. The minimum level is usually two round-trips per day to a medium- or large-hub airport 

using 15-seat or larger aircraft. Eligible communities are those 

communities that were listed on an airline’s certificate when the 

ADA was passed. The cost of this program has increased from 

$22.9 million in 1996 to $125 million in 2008. 

H.R. 915, THE ‘‘FAA REAUTHORIZATION ACT OF 2009’’ 

H.R. 915, the ‘‘FAA Reauthorization Act of 2009’’, provides historic funding levels for FAA’s capital programs. Between FY 2009 

and FY 2012, the bill provides $16.2 billion for AIP, and nearly 

$13.4 billion for F&E. These robust funding levels will enable the 

FAA to modernize the ATC system and make capacity enhancing 

improvements at our nation’s airports. In addition, H.R. 915 provides $38.9 billion for FAA Operations and $1.35 billion for RE&D 

over the next four years. 

To combat inflation and to help airports meet increased capital 

needs, H.R. 915 increases the PFC cap from $4.50 to $7.00. According to the FAA, if every airport currently collecting a $4.00 or $4.50 

PFC raised it to $7.00, approximately $1.1 billion in additional revenue would be generated for airport development each year. 

H.R. 915 increases the total amount authorized for EAS each 

year from $127 million to $200 million (including $50 million derived from overflight fees). To improve the quality of air service received by EAS communities, the bill authorizes the Secretary to incorporate financial incentives into EAS contracts based on specified 

performance goals. To encourage increased air carrier participation, 

the bill authorizes the Secretary to enter into long-term EAS contracts that would provide more stability for participating air carriers. H.R. 915 also extends the SCASD program through FY 2012, 

at the current authorized funding level of $35 million per year. 

H.R. 915 contains several environmental-related provisions, 

many safety provisions (including an increase in aviation safety inVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00077 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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spectors), and increased funding, authority, accountability, and 

oversight of ATC modernization and the Next Generation Air 

Transportation System (NextGen). 

SUMMARY OF THE LEGISLATION

Sec. 1. Short title; table of contents 

This section provides that the short title of the bill is the ‘‘FAA 

Reauthorization Act of 2009’’ and sets out the table of contents for 

the bill. 

Sec. 2. Amendments to title 49, United States Code 

This section provides that, except where otherwise expressly provided, any references to sections are made to title 49, United States 

Code (U.S.C.). 

Sec. 3. Effective date 

This section provides that, unless otherwise stated, the amendments made by this Act are effective only to fiscal years beginning 

after September 30, 2008. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

Sec. 101. Airport planning and development and noise compatibility 

planning and programs 

This section authorizes the following for the FAA’s AIP: $3.9 bil- lion for FY 2009; $4.0 billion for FY 2010; $4.1 billion for FY 2011; 

and $4.2 billion for FY 2012. This section also moves the Airport 

Cooperative Research Program (ACRP) and Airports Technology 

Research (ATR) funding from the RE&D account to AIP. The ACRP 

is authorized at $15 million and the ATR is authorized at $19.348 

million for FYs 2009–2012. 

Sec. 102. Air navigation facilities and equipment 

Subsection (a) authorizes the following for the FAA’s F&E ac- count: (1) $3.246 billion for FY 2009; (2) $3.259 billion for FY 2010; 

(3) $3.353 billion for FY 2011; and (4) $3.506 billion for FY 2012. 

Subsection (b) authorizes some of these funds to be used for the development of: wake vortex mitigation systems; in-flight and ground 

based weather mitigation systems; and safety management systems 

(SMS). Runway incursion reduction programs are funded from F&E 

at $10 million for FY 2009 and $12 million in FYs 2010–2012. Runway status light acquisition and installation is funded at $50 million for FY 2009, $125 million for FY 2010, $100 million for FY 

2011, and $50 million for FY 2012. NextGen systems development 

programs shall receive $41.4 million for FY 2009, $102.9 million for 

FY 2010, $104 million for FY 2011, and $105.3 million for FY 2012. 

NextGen demonstration programs shall receive $28 million for FY 

2009 and $30 million in FYs 2010–2012. The Center for Advanced 

Aviation System Development is moved from the RE&D to the 

F&E account and authorized at $76 million in FY 2009, $79 million 

for FYs 2010–11, and $80.8 million for FY 2012. Additional programs for enhanced system capacity, planning and improvements; 

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ments and the Airspace Management Lab are authorized at $21.9 

million in FY 2009 and $22.5 million in FYs 2010–2012. 

The Committee strongly encourages the development and implementation of SMS at the FAA and throughout the industry. The 

FAA should use the funds specified above for the development of 

data analysis tools, as well as analysis, rulemaking, and other initiatives both within the FAA and in partnership with industry. The 

FAA should also make every effort to extend the benefits of SMS 

to part 135 certificate holders. 

Sec. 103. FAA operations 

Subsection (a) authorizes the following for the FAA Operations account: $8.998 billion for FY 2009; $9.531 billion for FY 2010; 

$9.936 billion for FY 2011; and $10.350 billion for FY 2012. Subsection (b) revises section 106(k) to improve safety for medical helicopters by reauthorizing funding for the development and maintenance of approach procedures for heliports that support all-weather, emergency services. This provision was originally included in 

title 49 by AIR 21. Subsection (b) also revises section 106(k) to reauthorize funding for the Alaska aviation safety project with respect to three-dimensional terrain mapping of Alaska’s main aviation corridors for pilot training, which was originally included in 

title 49 by Vision 100. Subsection (c) authorizes $6 million in each 

of FYs 2009–2012 to be appropriated to the Secretary, from the 

Trust Fund, to fund airline data collection and analysis by the Bureau of Transportation Statistics in the Research and Innovative 

Technology Administration of the DOT. 

Sec. 104. Research and development 

Amends existing law and authorizes $212,929,000 for FY 2009; $214,587,000 for FY 2010; $225,993,000 for FY 2011; and 

$244,860,000 for FY 2012. 

Sec. 105. Funding for aviation programs 

This section modifies the formula that determines the amount to 

be made available from the Trust Fund each year to fund the FAA. 

The modification proposed by this section is necessary to maintain 

a positive Trust Fund balance despite over-optimistic revenue forecasts. 

The uncommitted cash balance in the Trust Fund has declined 

dramatically in recent years. At the end of FY 2001, the uncommitted cash balance was $7.3 billion. For FY 2009, the uncommitted 

balance is projected to be approximately $800 million. 

This decline in the Trust Fund’s uncommitted balance is due to 

over-optimistic revenue projections, combined with a statutory requirement to appropriate from the Trust Fund an amount that is 

equal to those revenue projections. 

The current statutory formula requires that estimated Trust 

Fund receipts each year must equal Trust Fund expenditures. 

Under these conditions, the Trust Fund balance should remain stable. However, the Trust Fund revenue estimates included in the 

President’s budget for the past seven years were overly optimistic; 

such that the amounts appropriated from the Trust Fund (based on 

those estimates) exceeded the amounts actually deposited into the 

Trust Fund, resulting in declines in the uncommitted cash balance. 


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To mitigate the effect of over-optimistic revenue projections in 

the future, this section modifies the statutory formula to make 

available from the Trust Fund an amount equal to 90 percent of 

the estimated revenues, rather than 100 percent, until the actual 

level of revenues received for that year are known. Once actual revenues are known, a ‘‘look back’’ adjustment compares the actual 

revenues received by the Trust Fund to the amounts made available from the Trust Fund for that year, and the difference between 

the two is applied as an adjustment to the amount made available 

from the Trust Fund for the current budget year. This change 

would provide greater room for error in revenue estimates until the 

actual level of revenues received for that year is known, and an adjustment is made to reconcile actual amounts deposited to the 

Trust Fund with actual amounts appropriated from it. Given recent 

revenue estimates, a 10 percent margin of error is necessary. A 

year ago, FY 2009 revenues were estimated to be $13.04 billion, 

but are now estimated to be $11.68 billion, a decrease of approximately 10 percent. This change will ensure the Trust Fund balance 

remains more stable in the future. 

Subtitle B—Passenger Facility Charges 

Sec. 111. PFC authority 

This section provides for an increase in the PFC from the current 

maximum of $4.50 to $7.00, a change that reflects not only the impact of inflation since the last statutory increase, but is also intended to help airports meet increased capital needs identified in 

the FAA’s latest NPIAS. This section continues the pilot program 

for PFC collection at non-hub airports, and also changes the word 

‘‘fee’’ to ‘‘charge’’ throughout title 49. 

Sec. 112. PFC eligibility for bicycle storage 

To facilitate intermodal access to airports by bicycle, this section 

expands PFC eligibility for secure bicycle storage facilities. It also 

requires the FAA to submit a report to Congress on the progress 

being made by airports to install bicycle parking for both airport 

customers and for airport employees. 

Sec. 113. Award of architectural and engineering contracts for 

airside projects 

This section requires Qualifications Based Selection (QBS) to be 

used to select planning, architectural, and engineering contracts for 

any airside project funded by PFC. QBS is an open, competitive 

procurement process where firms compete on the basis of qualifications, past experience, and the specific expertise they can bring to 

the project. QBS is currently applicable to planning, architectural, 

and engineering contracts that utilize AIP funding. Many airports 

use a mixture of PFC and AIP funds for airside projects. 

Sec. 114. Intermodal ground access project pilot program 

Under current law, PFCs may be used to fund intermodal ground 

access projects and facilities only if they are on airport property 

and dedicated 100 percent to airport use. This section creates a 

pilot program allowing up to five airports to use PFCs to fund 

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rently in place for airport revenue funding of these projects, i.e., 

that these projects are on airport property and are ‘‘directly and 

substantially’’ related to airport use. In addition, the amount of 

PFC revenues that can be dedicated to these projects is constrained 

by limiting the percentage of total project costs that may be funded 

by PFCs to the percentage of individuals using the project to gain 

access to the airport. 

Sec. 115. Impacts on airports of accommodating connecting passengers 

This section requires the Secretary to study the costs imposed by 

originating and destination (O&D) passengers on an airport compared with the cost imposed by connecting passengers. It also requires the Secretary to report the results of the study to Congress 

within one year, and to recommend any appropriate changes to the 

PFC program, including whether different levels of PFC should be 

imposed on connecting passengers and O&D passengers. 

Subtitle C—Fees for FAA Services 

Sec. 121. Update on overflights 

This section directs the Administrator of the FAA (Administrator) to update, by May 1, 2010, the overflight fee rates that are 

currently charged to operators of aircraft that fly in U.S.-controlled 

airspace, but neither take off nor land in the United States, to ensure that the fees reflect the FAA’s current cost of providing services to such flights. These fees were initially authorized by the Federal Aviation Reauthorization Act of 1996 (P.L. 104–264), and the 

rates currently in effect are identical to those originally established 

by the FAA’s final rule on overflight fees in 2001 (14 C.F.R. § 187 

Appendix B (2008)). 

Sec. 122. Registration fees 

This section requires the Administrator to impose fees to pay for 

the costs of eleven listed activities in the areas of certification and 

registration, including: registering or replacing an aircraft registration; issuance of aircraft certificates; issuance of special registrations; recording security interests; replacing or issuing airman certificates; and legal opinions for aircraft registration or recordation. 

Subject to appropriation made in advance, fees authorized under 

this section shall be collected and credited as offsetting collections 

to the account that finances the activities and services for which 

the fee is imposed. 

The initial fee rates specified in this section reflect the FAA’s 

current costs of providing each service. The FAA shall periodically 

adjust the fees established in this section when cost data reveal 

that the cost of providing the service is higher or lower than the 

cost data that were used to establish the fee then in effect. 

A conforming change is made to section 45302 of title 49. Existing authority to collect certain similar fees pursuant to section 

45302 is limited to any period in which a fee for the same service 

or activity is not imposed under section 45305. 


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Subtitle D—AIP Modifications 

Sec. 131. Amendments to AIP definitions 

Subsection (a) makes several amendments to section 47102 to 

update and add terms that are used in the AIP. The first amendment conforms the definition of airport development relating to 

firefighting and rescue equipment with a recent final rulemaking 

for airport certification requirements for airports serving scheduled 

air carrier operations in aircraft designed for more than 9 (not 20 

as in current law) passenger seats, but less than 31 passenger 

seats; broadens the definition of airport development to include mobile fuel truck containment systems at a non-primary airport, if 

such systems are required by an Environmental Protection Agency 

(EPA) rule; and adds a reference to the definition of ‘‘terminal development’’ as part of technical amendments to consolidate several 

statutory provisions relating to terminal development. In addition, 

this section adds as an eligible use of AIP funds the acquisition and 

installation of facilities and equipment to provide air conditioning, 

heating or electric power from terminal-based, non-exclusive use facilities to aircraft parked at an airport to reduce emissions and energy consumption. 

Subsection (b) allows AIP funds to be used to develop an environmental management system. Subsection (c) adds a definition of 

‘‘general aviation airport.’’ Subsection (d) adds a definition of ‘‘revenue producing aeronautical support facilities,’’ which is referenced 

in section 47110 (allowable project costs) so that nonprimary airports may use their entitlements to build or rehabilitate new facilities that can help generate revenue. The expansion of the definition 

allows more flexibility to build these facilities. Subsection (e) adds 

a definition of ‘‘terminal development’’ consistent with current statutory provisions. 

Sec. 132. Solid waste recycling plans 

This section requires that airport master plans address the feasibility of solid waste recycling. The Secretary may approve a grant 

for an airport project only if he is satisfied that the airport has a 

master plan that addresses the feasibility of solid waste recycling 

at the airport and minimizes the generation of solid waste at the 

airport. This section also broadens the definition of airport planning to include solid waste recycling plans. 

Airlines and airports generate vast amounts of waste and many 

lack sufficient recycling programs. Airport recycling programs have 

the potential to save money, promote the sustainable use of resources, and provide substantial environmental benefits, such as 

reduced generation of solid waste. Under this section, airports will 

be able to utilize AIP funding for the establishment of recycling 

programs and planning projects. Accordingly, the Committee believes airports should establish, increase, and enhance recycling efforts—in conjunction with the airlines—and incorporate a formal 

plan for promoting recycling and minimizing the generation of airport solid waste in their respective master plans. 

Sec. 133. Amendments to grant assurances 

This section changes two provisions related to required grant assurances (section 47107) for AIP projects. First, a limited exception 


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is allowed to permit an airport owner to use AIP entitlement funds 

to move or replace a facility when the need to relocate or replace 

it is beyond the owner’s control (such as new design standards that 

render the facility a safety hazard), a change from current law that 

requires the airport owner to bear the full cost of such a relocation. 

Second, the section changes the disposition of proceeds from the 

sale of land that an airport acquired for a noise compatibility purpose, but no longer needs for that purpose. Current law requires 

that the Federal Government’s proportional share of the sale proceeds be reinvested in an approved noise compatibility project at 

that airport, if prescribed by the Secretary, or returned to the 

Trust Fund for reinvestment in other airport development or airport planning projects. This change further prescribes the use of 

the Government’s share of the proceeds, giving priority, in descending order, to the following: reinvestment in another noise compatibility project at the airport; reinvestment in another environmentally-related project at the airport; reinvestment in another 

otherwise eligible AIP project at the airport; transfer to another 

public airport for a noise compatibility project; and finally, payment 

to the Trust Fund. 

Sec. 134. Government share of project costs 

This section makes a change to current requirements for the Federal Government’s matching share of AIP project costs. In general, 

current law (section 47109) provides that the Federal share of 

project costs is 75 percent at a medium- or large-hub airport; not 

more than 90 percent for a project funded under the State Block 

Grant program; and 90 percent at any other airport. A special rule 

is added to allow for small-hub airports that have increased operations and are reclassified as medium-hub airports to retain, for 

two years, their eligibility for up to a 90 percent Federal share of 

project costs, instead of the 75 percent Federal share of project 

costs otherwise required for medium-hub airports. 

In addition, subsection (f) would add a special rule to reduce the 

local share of project costs from 10 percent to five percent for certain economically depressed communities. To be eligible under this 

special rule, a community must be receiving subsidized air service 

under the EAS program and have one of the following economic 

conditions, as determined by the Secretary of Commerce: (1) a per 

capita income of 80 percent or less of the national average; (2) an 

unemployment rate that is at least one percent greater than the 

national average; or (3) a special need arising from actual or 

threatened severe unemployment or economic adjustment problems. These economic criteria are the same as the criteria used by 

the Economic Development Administration of the U.S. Department 

of Commerce to determine eligibility for assistance under economic 

development programs. 

Sec. 135. Amendments to allowable costs 

Current law (section 47110) provides that most AIP-eligible 

projects lose their grant eligibility if development work is undertaken before an AIP grant is awarded. Because most FAA AIP discretionary grants are awarded between July and September (after 

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this process disadvantages AIP-eligible projects in states that have 

shorter construction seasons than other parts of the nation. Subsection (a) amends section 47110(b)(2) by adding a new subparagraph (D) that extends project grant eligibility until the end of the 

fiscal year in which work begins on otherwise AIP-eligible projects 

if the Secretary determines that: the cost was incurred before the 

execution of the grant agreement due to a short construction season; the cost is in accordance with an airport layout plan approved 

by the Secretary; the sponsor notifies the Secretary before authorizing work to commence on the project; and the sponsor’s decision 

to proceed with the project in advance of a grant agreement does 

not affect its priority for allocation of funds. 

Subsection (b) adds a new subsection (d) to section 47110 relating 

to the relocation of airport-owned facilities, making such relocation 

an allowable cost if: the Government’s portion will be paid with 

AIP funds apportioned to the airport sponsor; the Secretary determines the relocation or replacement is due to a change in design 

standards; and the Secretary determines the change is beyond the 

sponsor’s control. 

According to the FAA, this section is necessary to correct discrimination between sponsor-owned facilities that must be relocated and facilities owned by third parties. The current eligibility 

rules permit AIP funds to pay for the relocation or reconstruction 

of facilities that must be moved to meet FAA design standards if 

they are owned by third parties. If the facilities are owned by the 

airport sponsor, only demolition costs may be paid for with AIP. 

FAA states that there is no reason to differentiate between AIP eligibility based on ownership of the facilities if the facilities meet 

FAA design standards that were in effect at the time the facilities 

were first constructed. 

Subsection (c) clarifies that while nonprimary airports may use 

AIP funds for revenue-producing aeronautical facilities, such use is 

limited to the construction of those facilities. 

Sec. 136. Uniform certification training for airport concessions 

under Disadvantaged Business Enterprise Program 

Current law (section 47107(e)) requires that before the Secretary 

may approve an airport project grant application, the airport must 

make written assurances that the airport owner or operator will 

take necessary action to ensure to the maximum extent practicable 

at least ten percent of all businesses selling concession products or 

providing concession services at the airport are small business concerns owned and operated by socially and economically disadvantaged individuals defined by section 47113(a) (or are qualified HubZone Small Businesses as defined in section 3(p) of the Small Business Act). This section requires the Secretary to establish, not later 

than one year after the date of enactment, a mandatory program 

to train airport owners and operators on how to properly certify 

whether small businesses in airport concessions qualify as a small 

business concern owned and operated by socially and economically 

disadvantaged individuals. Twenty-four months after the date of 

enactment, the Secretary shall submit a report to Congress on the 

results of the training program. 

The Committee believes that the certification training mandated 

by the bill will benefit both airport operators and business owners. 


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Given the importance of the disadvantaged business enterprise 

(DBE) program, the Committee recommends that DOT consider including a requirement for annual basic DBE program training for 

relevant airport staff as part of an approved DBE program. The 

Committee also urges DOT to take steps to facilitate greater reciprocity among states with respect to certification. In addition, the 

Committee wishes to emphasize the importance of the DBE Program Liaison Officer in administering the DBE program and the 

importance of the rules requiring a direct reporting relationship to 

the Chief Executive Officer of the airport. 

Congress has long been concerned about the need to remedy discrimination against businesses owned by women and minorities in 

aviation-related industries. Toward this end, the Congress enacted 

and has maintained a disadvantaged business enterprise program 

(49 U.S.C. § 47107(e)) for airports receiving AIP project grants. This 

program currently applies both to airport contracting activities and 

to airport concessions arrangements. H.R. 915 retains these provisions of current law because, notwithstanding some progress, both 

current discrimination and the present day effects of past discrimination are still prevalent in airport contracting. The Committee 

held a comprehensive hearing on this issue on March 26, 2009. 

Through that hearing, witness testimony, and its ongoing oversight 

work, the Committee has collected and reviewed more than 30 

highly detailed disparity studies documenting such discrimination 

from airports (and other transportation agencies with similar contracting needs) from across the country and is receiving new studies as they are identified and produced. These studies contain both 

statistical and anecdotal evidence and demonstrate that, in every 

region of this country, minority- and women-owned contractors who 

are vital to airport construction and operation confront discrimination. The studies represent extensive and compelling evidence that 

the DBE program is still needed to address discrimination in aviation-related contracting. 

The Committee has paid careful attention to the constitutional 

litigation that has surrounded minority contracting programs, in 

general, and the DOT’s DBE program, in particular. The Committee notes that, to date, every Federal court that has examined 

the merits of the DOT DBE program has determined that the DBE 

program and its regulations are constitutional. The Committee also 

notes that the DOT has worked diligently to craft regulations (49 

C.F.R. parts 23 and 26), to ensure that the DBE program and the 

Airport Concessions Disadvantaged Business Enterprise (ACDBE) 

program are narrowly tailored to address discrimination against 

small, socially- and economically-disadvantaged businesses. Among 

other things, these regulations require the use of race-neutral 

mechanisms to level the playing field and only allow the use of 

race-conscious mechanisms when race-neutral mechanisms alone 

are insufficient to level the playing field. The regulations also 

strictly prohibit quotas and require airports to both periodically reexamine any race-conscious goals utilized and submit their program goals to the FAA for review. In addition, the regulations ensure that white males who are socially and economically disadvantaged are permitted to participate in the program. 


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Sec. 137. Preference for small business concerns owned and controlled by disabled veterans 

This section creates a preference for the use of disabled veteranowned small businesses in carrying out airport development 

projects under AIP. 

Sec. 138. Minority and Disadvantaged Business Participation 

This section adjusts the personal net worth (PNW) cap for the 

DBE program as it relates to airport construction projects and airport concessions. To be certified as a DBE (for airport contracting) 

or an ACDBE an individual business owner must be economically 

disadvantaged. Currently, to be considered economically disadvantaged, a business owner must, among other requirements, have a 

PNW that does not exceed $750,000, excluding the equity in the individual’s primary residence and the value of their ownership interest in the firm seeking certification. Individuals seeking an ACDBE 

certification may exclude other assets that the individual can document are necessary for the initiation or expansion of his or her 

ACDBE firm, up to a maximum of $3 million. This provision would 

adjust the PNW cap for inflation for the programs, making an initial adjustment to correct for the impact of inflation since the cap 

was originally imposed by the Small Business Administration in 

1989, and then making annual adjustments thereafter. 

Sec. 139. Calculation of state apportionment fund 

Currently, states are entitled to 20 percent of AIP funds for their 

general aviation airports and commercial service non-primary airports, which are distributed to states through the State Apportionment Program and directly to non-primary airports in those states 

through the Non-primary Entitlement Program (NPE). This section 

separates the AIP state apportionment from the NPE program 

(which is kept intact as a separate program) and sets the state apportionment at 10 percent of total AIP funding. The NPE entitlement funding remains intact at $150,000 per airport. The bill also 

provides for a minimum State Apportionment Program funding 

level of $300 million per year. 

Sec. 140. Reducing apportionments 

Airports that have high passenger volumes are in a position to 

receive more funding through a PFC rather than accepting AIP 

funding. Under current law (section 47114(f)), if a medium- or 

large-hub airport charges a PFC of $3.00 or less, it must forego up 

to 50 percent of its primary AIP entitlement. If one of these airports charges a fee greater than $3.00, it must forego 75 percent 

of its primary AIP entitlement. The foregone entitlements are 

turned back into the AIP and divided between discretionary AIP 

(12.5 percent) and the Small Airport Fund (87.5 percent), which is 

distributed primarily to non-hub and general aviation airports. 

This section requires a large-hub airport that charges a PFC greater than $4.50 to turn back 100 percent of its AIP primary entitlement funding. 

Sec. 141. Minimum amount for discretionary fund 

This section increases the minimum amount of the AIP discretionary fund and eliminates an obsolete formula. Current law sets 


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that minimum at $148 million plus a calculated amount based on 

Letters of Intent prior to January 1, 1996. This section would, instead, set the minimum amount at $520 million. This increase is 

necessary to cover Letter of Intent commitments (approximately 

$280 million per year) and high priority safety and capacity 

projects (exclusive of the noise and environmental set-aside 

projects), which include statutorily mandated runway safety area 

improvement projects. 

Sec. 142. Marshall Islands, Micronesia and Palau 

This section reauthorizes a section in Vision 100 that makes the 

sponsors of airports located in the Republic of the Marshall Islands 

(RMI), the Federated States of Micronesia (FSM) and Palau eligible 

for AIP discretionary grants and funding from the Small Airport 

Fund. These three independent nations were formerly part of the 

Trust Territory of the Pacific Islands, a United Nations trusteeship 

administered by the U.S. Navy from 1947 to 1951 and by the U.S. 

Department of the Interior from 1951 to 1994. The United States 

subsequently entered into a Compact of Free Association with each 

of them, under which the United States recognizes them as sovereign nations, but maintains responsibility for their defense and 

provides certain financial assistance. In 2003, the Compacts for the 

RMI and FSM were renewed for 20 years. The Compact for Palau 

is subject to a bilateral review to be completed in 2009. All three 

of these nations have requested that their eligibility to receive AIP 

funds be extended. 

Sec. 143. Use of Apportioned amounts 

This section amends section 47117 by changing the discretionary 

environmental set-aside from 35 percent of annual AIP discretionary to a flat $300 million a year, an increase of $15 million over 

previous appropriations. This section also allows these AIP funds 

to be used for projects needed to comply with the requirements of 

the Clean Water Act. 

Sec. 144. Sale of private airport to public sponsor 

This section amends section 47133 (restriction on use of revenue) 

to facilitate the sale of a private airport, which has in the past received AIP funds for improvement projects, to a public entity such 

as a state or local government. If a private owner wishes to dispose 

of the airport, a sale to a public sponsor usually benefits the airport 

through more stable and reliable ownership. Under current law, if 

an owner of a private airport sells to a public entity, the proceeds 

of the sale must be treated as airport revenue with all the restrictions that attach to such a characterization. While this protects airport revenue, it also prevents a private owner from recovering his 

or her own private capital that has been invested in the airport. 

In other words, current law treats the private owner’s capital as if 

it were public and to be used only for airport purposes. By creating 

an exception to such treatment, this section facilitates these sales 

without undermining revenue diversion protections. Specifically, 

this section establishes three criteria that must be met for the private owner to be able to recover his or her own private capital from 

the sale proceeds: (1) the sale must be approved by the Secretary; 

(2) funding for the public sponsor’s acquisition of the airport land 


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is provided by the AIP or PFC programs; and (3) the private owner 

has repaid the remaining unamortized portion of any AIP grant 

made to that airport for purposes other than land acquisition, plus 

an amount equal to the Federal share of the current fair market 

value of any land acquired with an AIP grant made to that airport. 

The amendments made by this section are applicable to grant assistance provided to private airports on or after October 1, 1996. 

Section 144 is intended to facilitate the sale of private airports 

to public entities under certain conditions. These conditions include 

a requirement that any unamortized portion of AIP grants received 

by the private airport be repaid to the Secretary. The AIP grants 

that must be repaid are those made after October 1, 1996. 

Sec. 145. Airport Privatization Pilot Program 

Current law (section 47134) contains specific provisions for 

issuance of exemptions in connection with a transfer of airport operation to a private owner. This section authorizes the Secretary to 

exempt the selling airport sponsor from the revenue diversion prohibition if at least 75 percent of the scheduled air carriers at a primary airport approve of the sale or lease proceeds going ‘‘off-airport’’—a 10 percent increase over the current 65 percent. Further, 

at non-primary airports, the exemption would also be based on approval of at least 75 percent of the based-aircraft owners—also a 

10 percent increase over current law. It also would require approval of fee increases above the rate of inflation by 75 percent of 

the carriers serving the airport instead of 65 percent. Finally, it 

would terminate apportionment of both entitlement and discretionary AIP funds for airports that receive an exemption for privatization. 

Sec. 146. Airport Security Program 

This section amends section 47137 to allow the FAA more flexibility to award a grant, contract, or other agreement for security 

technology research, to a consortium composed of public and private persons, including an airport sponsor. The provision also reiterates the DOT’s and other agencies’ obligation to cooperate and 

provide technical expertise as needed to administer the program, 

while the DOT retains overall program oversight and funding responsibility. The provision specifies that the award designee be a 

nonprofit consortium with at least 10 years of demonstrated experience in testing and evaluating anti-terrorist technologies at airports. The annual authorization for this program is increased from 

$5 million to $8.5 million. This provision was originally included in 

title 49 by AIR 21, and amended by Vision 100. 

Sec. 147. Sunset of pilot program for purchase of airport development rights 

Section 47138, enacted as part of Vision 100, established a pilot 

program (for a maximum of 10 airports) to allow grants to a state 

(or political subdivision of a state) to help purchase the development rights related to a privately owned, public use airport, so as 

to help keep an airport open and operating. The FAA states that 

this has not been a successful pilot program and this section sunsets the authority at the end of FY 2008. 


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Sec. 148. Extension of grant authority for compatible land use planning and projects by state and local governments 

Section 47141, which was enacted as part of Vision 100, authorizes grants to states and local governments to support planning 

and projects with a goal of reducing non-compatible land uses 

around airports. Due to a slow start-up for the program, only two 

grants have been made so far. To test this concept further, this section extends this authority through FY 2012. 

Sec. 149. Repeal of limitations on Metropolitan Washington Airports 

Authority 

This section repeals the limitations on the Metropolitan Washington Airports Authority, which oversees both Washington National Airport and Washington Dulles International Airport, to 

apply for AIP grants and collect PFCs. 

Sec. 150. Midway Island Airport 

This section provides a four-year extension of the current Vision 

100 authorization, for the Secretary to enter into a reimbursable 

agreement with the Secretary of the Interior to provide AIP discretionary funds (at a maximum level of $2.5 million per FY) for airport development projects at Midway Island Airport through FY 

2012. Midway Island is critical to the safety of flights over the Pacific Ocean. 

Sec. 151. Puerto Rico minimum guarantee 

As an island, the Commonwealth of Puerto Rico is heavily reliant 

on aviation for its economy, travel, and sustainment. The outlying 

islands of Vieques and Culebra are similarly, if not more so, dependent on aviation for their supplies and economy. 

The Commonwealth has suffered economic hardship stemming 

from the relatively recent closure of Roosevelt Roads Naval Station 

estimated to be nearly $1 billion in lost economic activity over 

three years. The Puerto Rico Port Authority has planned for the future use of the Roosevelt Roads airfield as an international airport, 

which will require substantial airport capital investment. Puerto Rico currently receives $10.6 million in annual FAA AIP 

entitlement funding. According to the FAA’s NPIAS, Puerto Rico’s 

AIP-eligible airport infrastructure needs total $194 million over the 

next five years. This section creates a special set-aside for Puerto 

Rico, similar to Alaska, to meet the Commonwealth’s special needs. 

Puerto Rico is guaranteed 1.5 percent of AIP entitlement funding, 

which would provide an additional $8.34 million in AIP funding annually. 

Sec. 152. Miscellaneous amendments 

This section makes a number of amendments to chapter 471 to 

update or clarify sections. 

Subsection (a) makes technical changes to section 47103, the 

NPIAS, to remove obsolete language and update the section to conform to what the FAA is currently including in the NPIAS. For example, the NPIAS includes only categories of airports. The language in section 47103(a) that references ‘‘each airport’’ is deleted 

in favor of a reference to the ‘‘airport system’’. Similarly, further 

amendments to section 47103(a) reflect that the NPIAS does not 


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try to forecast trends in other transportation sectors, but instead 

forecasts how airports connect to other modes of transportation 

(e.g., an airport and a public transit system). Section 47103(b) is 

amended to delete two references that are obsolete: the NPIAS does 

not consider how tall structures reduce safety and capacity (that is 

done under a separate FAA order), and the NPIAS no longer takes 

into account Short/Takeoff and Landing operations. Finally, section 

47103(d) clarifies that the NPIAS must be published every two 

years, instead of just the ‘‘status’’ of the plan. 

Subsection (b) adds veterans from the current Afghanistan/Iraq 

conflict to the definition of those veterans eligible for employment 

preference on AIP projects. 

Subsection (c) consolidates in one section (section 47119), without 

substantive change, language on terminal development costs by 

moving the current text of section 47110(d), regarding terminal development costs, to section 47119 as a new subsection (a), and redesignating the existing sections accordingly. This subsection also 

adds a new subsection (f) to section 47119, which caps at $20 million the amount of discretionary AIP funds that could support terminal development projects at non-hub or small-hub primary airports. Today, there is no limit on the amount of discretionary funds 

that may be used on a terminal at non-hub airports. The FAA 

found that some communities and airports overbuild their terminals, but that a $20 million cap (after normalizing for inflation) allows an airport to build a suitable terminal building. This subsection does not preclude airports from supplementing a terminal 

project with PFCs, entitlement or local funds. 

Subsection (d) conforms the requirements for the annual report 

on AIP to current practice for the submission and its contents. 

Subsection (e) corrects an inaccurate cross-reference in section 

47139 (enacted by Vision 100), under which an airport is able to 

‘‘bank’’ emissions credits when the airport does air quality work 

that is not required, but is ‘‘surplus’’. However, section 47139 references section 47102(3)(F), which is required air quality work, not 

surplus work. 

Subsection (f) makes a conforming amendment to section 46301 

(FAA civil penalty assessment authority) to clarify that the FAA 

has civil penalty assessment authority regarding violations of section 46319, which was added by Vision 100 and provides for a 

$10,000 per day civil penalty for permanently closing an airport 

listed in the NPIAS, without 30 days notice to the FAA. 

Subsection (g) makes other conforming amendments and technical corrections related to terminal development. 

Subsection (h) removes restrictive language added by Vision 100 

that was intended to address concerns over disposal of land due to 

particular military base closures occurring at that time. Removal 

of the obsolete restriction will add to the FAA’s effort to support 

the conversion of unused military airports to civilian use. 

Subsection (i) provides for a reference to updated versions of the 

FAA’s Airport Capacity Benchmark reports (not just the original 

2001 report). 


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Sec. 153. Airport master plans 

This section requires the Secretary to encourage airports to consider customer convenience, airport ground access, and access to 

airport facilities in airport master plans. 

TITLE II—NEXT GENERATION AIR TRANSPORTATION 

SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATION 

Sec. 201. Mission statement; sense of Congress 

This section highlights the need for the Next Generation Air 

Transportation System (NextGen) to accommodate the significant 

forecasted growth of aviation in the United States (approximately 

one billion U.S. passengers in the next seven to 12 years). This section also highlights the important safety, national security, and 

economic benefits of NextGen and stresses the need for a coherent, 

integrated long-term plan. 

Sec. 202. Next Generation Air Transportation System Joint Planning and Development Office 

This section elevates the Director of the Joint Planning and Development Office (JPDO) to the status of Associate Administrator 

for the NextGen within the FAA. It also makes the Associate Administrator a voting member of the Joint Resources Council, the 

FAA’s decision making body for major acquisitions. The FAA is also 

required to publish annually a NextGen Implementation Plan document that provides a description of how the FAA is implementing 

NextGen including a description of potentially significant operational or workforce changes. 

This section also requires NextGen partner agencies to designate 

senior officials responsible for carrying out NextGen activities at 

their respective agencies. In addition, the JPDO is required to develop an Integrated Work Plan that will outline the activities required by partner agencies to achieve NextGen. Further, this section requires the JPDO to coordinate NextGen activities with the 

Office of Management and Budget. 

Sec. 203. Next Generation Air Transportation Senior Policy Committee 

This section requires the NextGen Senior Policy Committee to 

meet at least twice each year. It also requires the Secretary to submit an annual report on the status of Cabinet agencies, progress 

in implementing the NextGen Integrated Work Plan. 

Sec. 204. Automatic dependent surveillance-broadcast services 

On August 30, 2007, the FAA awarded a performance-based service contract for Automatic Dependent Surveillance-Broadcast 

(ADS–B) services to a consortium led by ITT Corporation. Instead 

of adopting a more traditional acquisition strategy for ADS–B, 

whereby the FAA would own, operate, and maintain the system, 

the FAA has opted for a service contract approach, whereby the 

ITT team will build the ADS–B ground stations and own and operate the equipment. The FAA will pay subscription charges for 

ADS–B broadcasts transmitted to properly equipped aircraft and 

ATC facilities. The total value of the contract, which has a number 

of options extending through 2025, is $1.86 billion. 


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This section requires the FAA to submit a report detailing the 

Administration’s plans and schedule for integrating ADS–B into 

the National Airspace System (NAS). In addition, this section requires the FAA to insert provisions into the contract that protect 

the Federal Government’s interest, such as: requiring FAA’s approval before the contract is assigned to or assumed by another entity, including any successor entity, subsidiary of the contractor, or 

other corporate entity; designating the assets, equipment, hardware and software used in the performance of the contract as critical to national infrastructure for national security; requiring the 

contractor to provide continued broadcast services for a reasonable 

period until the provision of such services can be transferred to another vendor or to the Government in the event of termination or 

material non-performance of the contract; and permitting the Government to acquire or utilize the assets, equipment, hardware and 

software necessary to assure the continued and uninterrupted provision of ADS–B services for reasonable compensation. 

In addition, the ADS–B Aviation Rulemaking Committee (ARC) 

formed by the FAA recommended that the FAA establish a forum 

to determine those areas outside of the original contract of 794 

ground stations that may provide increased benefits to NAS operators. The ARC specified that areas where no coverage exists today 

may provide the most relative value and safety increases to the existing surveillance infrastructure. The Committee is aware that the 

FAA is currently working with ITT to optimize the geographic location of the 794 ground stations including locating en-route stations 

at general aviation airports. These ground stations will ensure surveillance capabilities beyond today’s radar environment. However, 

the Committee believes there may be opportunities to expand coverage, introduce new capabilities, and enhance safety through additional ground stations and looks forward to FAA’s review of such 

options in the report required by this section. 

This section also requires an annual audit of the ADS–B program 

by the DOT Inspector General (DOT IG). 

The Committee also believes it is important to do research into 

human factors problems related to the integration of ADS–B technology into the NAS. The Committee recommends the establishment of an ADS–B aviation working group composed of avionics engineers, pilots, flight instructors, air traffic controllers, scientists, 

and educators working in collaboration with National Aeronautics 

and Space Administration (NASA) and FAA scientists to identify, 

or confirm, and resolve human factors problems related to ADS–B, 

such as pilot difficulties and errors. 

Sec. 205. Inclusion of stakeholders in air traffic control modernization projects 

This section requires the FAA to establish a process for including 

and collaborating with qualified employees selected by each impacted exclusive collective bargaining representative in the planning, development and deployment of ATC modernization projects, 

including NextGen. In addition, the FAA is required to report on 

the implementation of this section within six months. 


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Sec. 206. GAO review of challenges associated with transforming to 

the Next Generation Air Transportation System 

This section requires the Government Accountability Office 

(GAO) to conduct a study to evaluate current processes and acquisitions under ATC modernization, and assess collaboration and contributions of partner agencies working with the JPDO. GAO will 

also assess challenges to working with stakeholders, roadmaps, organizational structure, transitional planning, and other issues of 

interest. 

Sec. 207. GAO review of Next Generation Air Transportation System 

acquisition and procedures development 

This section requires GAO to conduct a study to analyze acquisition of specific systems identified for implementation under 

NextGen, including: En Route Automation Modernization (ERAM); 

Standard Terminal Automation Replacement System/Common 

Automated Radar Terminal System (STARS/CARTS); ADS–B; System Wide Information Management (SWIM); and Traffic Flow 

Management Modernization (TFM–M). The study should assess the 

progress and challenges relating to standards, regulations, and procedures for NextGen as well as required navigation performance, 

area navigation, the airspace management program and other relevant transformational needs. Reports are to be submitted periodically to the congressional committees of jurisdiction. 

Sec. 208. DOT Inspector General review of operational and approach procedures by a third party 

This section requires the DOT Inspector General (DOT IG) to assess the FAA’s reliance on third parties (as opposed to FAA Aviation Safety System technicians) for the development of new operational and approach procedures, and determine the FAA’s ability 

to provide oversight. It also clarifies that the DOT IG is to examine 

third party developed ‘‘public use’’ procedures (developed by FAA 

for use by all users) in addition to special use procedures (customized proprietary procedures for the use of one user or shared 

among several users). In addition, this section requires the DOT IG 

to assess whether sufficient mechanisms and staffing are in place 

to provide safety oversight functions that may include: quality assurance processes, flight checks, integration of procedures into the 

NAS, and operational assessment of procedures developed by third 

parties. It will also analyze whether the FAA can perform the same 

work safely without third party assistance. 

Sec. 209. Expert review of enterprise architecture for Next Generation Air Transportation System 

This section requires the National Research Council (NRC) to review NextGen’s technical blueprint, the Enterprise Architecture, to 

highlight the activities that will be necessary to transition successfully to NextGen, assess technical, cost and schedule risk for software development associated with NextGen, and include judgments 

on how such risks can be mitigated. The NRC shall report to the 

Administrator. The Administrator shall submit a report to Congress within one year of the date of enactment. 

GAO has reported that the lack of stakeholder or expert involvement early and throughout the development and implementation of 


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ATC modernization projects has been a key factor leading to cost 

overruns and delays. Therefore, the Committee recommends that 

the NRC seek the input of stakeholders, including employees selected by each exclusive collective bargaining representative of FAA 

employees who are likely to be impacted by the planning, development and deployment of ATC modernization projects, including 

NextGen. 

Sec. 210. NextGen technology testbed 

This section establishes a public-private partnership to explore 

airport-based testing for existing NextGen technologies. NextGen 

ATC integrated systems shall be installed at a site that serves a 

mix of general aviation and commercial aircraft for demonstration, 

operational research, and evaluation. 

Sec. 211. Clarification of authority to enter into reimbursable agreements 

This section amends 49 U.S.C. § 106(m), to clarify the FAA’s authority under that section (along with the FAA’s broad contract authority under section 106(l)(6)) to enter into reimbursable interagency agreements. This change is necessary to correct any confusion resulting from language added to section 106(m) by Congress 

after the terrorist attacks of September 11, 2001. Congress added 

the last sentence in section 106(m) to expressly allow FAA to provide services and equipment to other agencies ‘‘without reimbursement.’’ This provision was intended, for example, to allow FAA to 

provide services and personnel to the newly created Transportation 

Security Administration, without reimbursement. Such language 

was never intended to alter FAA’s pre-existing authority to enter 

into interagency agreements that required reimbursement. This 

section makes it clear that the FAA may perform work for other 

agencies ‘‘with or without’’ reimbursement. 

Sec. 212. Definition of air navigation facility 

This section updates and broadens the definition of an air navigation facility to clarify that F&E funding may be used for many 

capital expenses directly related to the acquisition or improvement 

of buildings, equipment, and new systems related to the NAS and 

NextGen. In addition, certain NextGen-related acquisitions, such 

as a service contract to develop security protocols for the FAA’s 

internet-like SWIM program, may not completely fit under the current definition of air navigation facilities. 

Sec. 213. Improved management of property inventory 

This section amends section 40110(a) to make it clear that the 

FAA’s current authority to purchase and sell property needed for 

airports and air navigation facilities includes the authority to retain funds associated with disposal of property. Currently, because 

of costs associated with disposal (e.g., demolition, environmental 

audits, and asbestos abatement), some extraneous properties and 

equipment (e.g., non-directional beacons, radars, and outer markers) remain in the FAA’s active inventory for long periods of time 

unnecessarily. Clarifying that the FAA has the authority to retain 

proceeds from the sale of property allows the FAA to cover the 


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costs of disposal and facilitates shutting down extraneous equipment. 

Sec. 214. Clarification to acquisition reform authority 

This section repeals a provision of law that conflicts with the 

FAA’s procurement reform authority that Congress granted FAA in 

1996. The FAA now has broad flexibility to use measures other 

than competitive procedures in various compelling circumstances 

(e.g., in response to an emergency such as a hurricane or other natural or man-made disaster when there could be multiple sources of 

supply but there is insufficient time to run a competition). This section repeals more restrictive conflicting language that predated the 

1996 reforms. Removing the conflicting language clarifies the 

FAA’s ability to limit competition in response to an emergency, as 

noted above, or set-aside procurements for small businesses, disabled veteran-owned businesses or small businesses owned and 

controlled by socially and economically disadvantaged groups. 

Sec. 215. Assistance to foreign aviation authorities 

This section clarifies the FAA’s current authority to provide air 

traffic services abroad, whether or not the foreign entity to which 

such services are provided is private or governmental, and that the 

FAA may participate in any competition to provide such services. 

It also clarifies that the Administrator may allow foreign authorities to pay in arrears rather than in advance, and that any payment for such assistance may be credited to the account from 

which the expenses were incurred in providing the services. 

Sec. 216. Front-line manager staffing 

This section requires the Administrator to conduct a study on 

front-line manager staffing requirements in ATC facilities. The 

study shall take into consideration the number of supervisors in 

each facility, coverage requirements related to traffic, facility type, 

complexity of traffic and management, and proficiency and training 

required. The FAA Chief Operating Officer (COO) for ATC shall receive any determinations resulting from the study. No later than 

one year after the date of enactment, the Administrator shall submit to the Committee on Transportation and Infrastructure of the 

House and the Committee on Commerce, Science and Transportation of the Senate a report on the results of this study and a description of determinations submitted to the COO. 

Sec. 217. Flight service stations 

This section requires the FAA to establish a system to monitor 

the staffing of flight service stations and training of specialists, as 

well as any other safety or customer service issues relating to the 

vendor’s performance of the contract. This section also requires the 

FAA to report on the implementation of its monitoring system; any 

necessary changes to the contract to ensure safe, high quality service to consumers; and any contingency plans that the FAA has developed to ensure uninterrupted service. 

Sec. 218. NextGen research and development Center of Excellence 

This section establishes a center of excellence for the research 

and development of NextGen technologies. The center should leverVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00095 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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age the existing FAA Centers of Excellence Program, academia and 

industry as well as providing educational, technical, and analytical 

assistance to Federal agencies involved in JPDO. 

Sec. 219. Airspace redesign 

The FAA’s airspace redesign efforts will play a critical near-term 

role in enhancing capacity, reducing delays, transitioning to more 

flexible routing and ultimately saving money for airlines and airspace users in fuel costs. However, in recent years, funding cuts 

have led to delays and deferrals of airspace redesign efforts. Without sufficient funding for airspace redesign efforts, several new 

runways planned for the 2009 to 2012 timeframe will not provide 

estimated capacity benefits. Funding is increased to accelerate airspace redesign initiatives. 

TITLE III—SAFETY 

Subtitle A—General Provisions 

Sec. 301. Judicial review of denial of airman certificates 

Since the early 1990s, the FAA has had authority to seek judicial 

review of National Transportation Safety Board (NTSB) decisions 

that are issued under section 44709 and section 46301(d)(5) of title 

49, which involve orders of suspension and revocation, and civil 

penalties against airmen. Current law does not allow the FAA to 

take an appeal for an NTSB decision for a denial of an airman certificate. This section adds corresponding authority to seek judicial 

review of NTSB decisions involving airman certificate denials. 

Sec. 302. Release of data relating to abandoned type certificates and 

supplemental type certificates 

Subsection (a) allows the FAA to make aircraft certification data 

relating to older aircraft available, upon request, to a person seeking to maintain the airworthiness of their aircraft, without the consent of the owner of record, if the FAA first determines that there 

has been no proprietary interest exercised over the data for three 

years, the type certificate owner has not been located, and that it 

enhances safety if the data were made available to aircraft operators to safely maintain and operate the aircraft. Subsection (b) extends the timeline for FAA to begin to issue design organization 

certificates to January 1, 2014. 

Sec. 303. Inspection of foreign repair stations 

This section requires the FAA to certify to Congress not later 

than one year after the date of enactment, and annually thereafter, 

that it has inspected each foreign repair station certificated under 

part 145 of the FAA’s regulations at least twice in the preceding 

year and requires testing for alcohol or a controlled substance of 

any individual performing a safety-sensitive function. 

Sec. 304. Runway safety 

This section requires the Administrator to submit a report to 

Congress containing a plan for the installation and deployment of 

systems to alert controllers and/or flight crews to potential runway 

incursions. The runway incursion reduction plan shall be inteVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00096 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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grated into the NextGen Implementation Plan document. In addition, the FAA is required to create a strategic runway safety plan 

within six months of enactment. 

Sec. 305. Improved pilot licenses 

This section requires the Administrator to issue improved pilot 

licenses that are tamper-resistant, include a photograph, and are 

capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier. The FAA is also required, to 

the extent practicable, to develop methods to determine whether a 

license has been tampered with, altered, or counterfeited. In addition, the FAA may use designees to carry out this section, and 

must report every six months on the progress it has made issuing 

the improved licenses. This section is similar to section 4022 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 

108–796). 

Sec. 306. Flight crew fatigue 

This section requires the FAA to contract with the National 

Academy of Sciences (Academy) to conduct a study on pilot fatigue. 

The Committee urges the Academy to consider findings by the 

FAA’s ‘‘Fatigue Scientific Steering Committee’’. This adhoc group 

was formed by the FAA and the individuals that participate represent the majority of the existing scientific knowledge on the subject of pilot fatigue in aviation. Not later than 18 months after initiating the study, the Academy shall submit the report to the Administrator, with recommendations governing flight limitations and 

rest requirements for pilots. The FAA is required to consider the 

findings of the Academy and update, where appropriate, its regulations with regard to flight time limitations and rest requirements 

for pilots. This section also mandates that the FAA, through the 

Civil Aerospace Medical Institute (CAMI), study flight attendant 

fatigue and report to Congress on the results. 

Sec. 307. Occupational safety and health standards for flight attendants on board aircraft 

This section requires the Administrator, not later than six 

months after the date of enactment, to establish milestones with 

the Occupational Safety and Health Administration (OSHA) Administrator to complete work begun to address issues related to the 

aircraft cabin work environment. The FAA is directed to issue a 

policy statement within two years to set forth the circumstances in 

which the requirements of OSHA apply to crewmembers while 

working in an aircraft cabin. The policy statement must provide for 

the establishment of a coordinating body that includes both FAA 

and OSHA representatives to examine the applicability of current 

and proposed OSHA regulations to FAA activities, recommend policies for FAA inspector training, and make recommendations to govern the inspection and enforcement by the FAA of occupational 

health standards onboard an aircraft. The policy statement shall 

ensure that standards adopted by the FAA clearly delineate the circumstances in which an employer is required to take action to address occupational safety and health standards, the measures required of an employer, and compliance obligations of an employer. 


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The FAA shall report to Congress within six months after the date 

of enactment on the milestones established. 

This provision creates new statutory authority for the FAA to 

issue regulations and standards for the safety and health of flight 

attendants working onboard the aircraft. It directs the FAA to complete, within three years, rulemaking on eight immediate issue 

areas to improve the workplace safety and health of flight attendants. It also states that the FAA is not limited to these eight areas 

and must take action to address all safety and health issues regarding flight attendants working in the aircraft cabin. Further, it 

outlines an enforcement procedure and personnel to enforce these 

regulations. 

Sec. 308. Aircraft surveillance in mountainous areas 

This section authorizes the FAA to establish a pilot program to 

improve safety and efficiency by providing surveillance for aircraft 

flying outside radar coverage in mountainous areas where radar 

surveillance may be obstructed. 

In certain areas of the country, aircraft radar surveillance is obstructed by mountainous terrain. According to the FAA, the ability 

to provide surveillance coverage in these areas would greatly improve efficiency, arrival rates, and safety. 

For example, the Committee understands that the FAA has been 

working with the Colorado Department of Transportation (CDOT) 

to develop and deploy technology that would provide surveillance 

to airports located in mountainous regions. In March 2006, the 

FAA and the CDOT completed an 18 month study identifying technological solutions to providing radar surveillance coverage at those 

airports. The study determined that the preferred solution is a cooperative surveillance system (i.e., it requires transponders on the 

aircraft and multiple sensors on the ground) called Wide Area 

Multilateration. The FAA prototyped Wide Area Multilateration in 

Juneau, Alaska, as part of the Capstone program. It is expected to 

be fully operational by the end of 2009. 

The Committee believes that the implementation of Wide Area 

Multilateration has the potential to improve efficiency, arrival 

rates and safety. Therefore, the Committee encourages the FAA to 

continue to deploy technologies that will provide aircraft surveillance coverage in mountainous areas, such as Colorado, as well as 

other parts of the country. 

Sec. 309. Off-airport, low-altitude aircraft weather observation technology 

This section directs the Administrator to conduct, within one 

year of the date of enactment, a review of off-airport, low-altitude 

aircraft weather reporting needs, an assessment of technical alternatives (including automated weather observation stations), an investment analysis, and recommendations for improving weather reporting for these aircraft. 

Sec. 310. Non-certificated maintenance providers 

This provision requires the FAA to commence a rulemaking to 

ensure that covered maintenance work (essential, regularly scheduled, and required inspection items) on air carrier aircraft is performed by part 145 repair stations or part 121 air carriers. In the 


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interim, the FAA would be required to draft a plan to require air 

carriers to identify all non-certificated repair stations that are currently working on their aircraft, and for the FAA to oversee these 

maintenance providers. 

Sec. 311. Aircraft rescue and firefighting standards 

Not later than 180 days after the date of enactment, the FAA 

must issue a Notice of Proposed Rulemaking to revise the Aircraft 

Rescue and Firefighting (ARFF) standards applicable to airports 

certified under 14 C.F.R. 139. The rule must address a variety of 

issues, including the mission of aircraft rescue and firefighting personnel, proper staffing, response time, policy for hazardous materials, vehicle deployment and equipment modernization. The FAA 

shall, to the extent practical, keep the rule consistent with national 

voluntary consensus standards for aircraft rescue and firefighting 

services. It must also assess the impact of any revision of firefighting standards on airports and air service. The FAA must issue 

a final rule no later than 24 months after the date of enactment. 

Subsection B—Unmanned Aircraft Systems 

Sec. 321. Commercial unmanned aircraft systems integration plan 

This section requires the Secretary to create a plan for the safe 

integration of commercial unmanned aircraft systems (UAS) into 

the NAS. This plan shall consider technologies and research, provide recommendations for rulemaking, recommend how best to enhance technologies and subsystems to ensure safety, and recommend a realistic time-frame for UAS integration into the NAS 

as soon as possible, but no later than September 30, 2013. The plan 

is due to Congress within one year of the date of enactment, and 

rulemaking shall begin no later than 18 months thereafter. 

Sec. 322. Special rules for certain unmanned aircraft systems 

This section requires, within six months of the date of enactment, an assessment of whether certain UAS may operate safely 

in the NAS prior to completion of the proposed rulemaking in section 321 and the guidance in section 323. This assessment must define the types of UAS allowed and determine how they will be regulated and safely operate in the NAS. 

Sec. 323. Public unmanned aircraft systems 

This section requires the Secretary, not later than nine months 

after the date of enactment, to issue guidance on the operation of 

public unmanned aircraft systems to expedite the issuance of the 

certificate of authorization process, provide a collaborative process 

with public agencies, and facilitate the capability of public agencies 

to develop and use test ranges. 

Sec. 324. Definitions 

This section defines terms relating to the use of UAS including: 

certificate of authorization; detect, sense, and avoid capability; public unmanned aircraft system; Secretary; test range; unmanned aircraft; and unmanned aircraft system. 


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Subsection C—Safety and Protections 

Sec. 331. Aviation Safety Whistleblower Investigation Office 

This section creates an independent Aviation Safety Whistleblower Investigation Office within the FAA. The director of the new 

office is charged with receiving safety complaints and information 

submitted by both FAA employees and employees of certificated entities, investigating them, and then recommending appropriate corrective actions to the FAA. 

Sec. 332. Modification of customer service initiative 

This section directs the FAA to modify its customer service initiative, mission, and vision statements and other statements of FAA 

policy to remove air carriers or other entities regulated by the FAA 

as ‘‘customers,’’ to clarify that in regulating safety the only customers of the FAA are individuals traveling on aircraft, and to clarify that the air carriers and other entities regulated by the FAA do 

not have the right to select the employees of the FAA who will inspect their operations. 

Sec. 333. Post-employment restrictions for flight standards inspectors 

This section establishes a two-year post-service ‘‘cooling-off’’ period for FAA inspectors or persons responsible for oversight of FAA 

inspectors before they can act as an agent or representative of a 

certificate holder that they previously had responsibility for while 

employed at the FAA. 

Sec. 334. Assignment of principal supervisory inspectors 

This section requires the FAA to rotate principle supervisory inspectors between airline oversight offices every five years. 

Sec. 335. Headquarters review of Air Transportation Oversight System (ATOS) database 

This section requires the FAA to implement monthly reviews of 

the ATOS database to ensure that trends in regulatory compliance 

are identified and appropriate corrective actions are taken in accordance with FAA regulations. 

Sec. 336. Improved voluntary disclosure reporting system 

This section requires the FAA to modify the Voluntary Disclosure 

Reporting Program (VDRP) system to require inspectors to verify 

that air carriers have implemented comprehensive solutions to correct underlying causes of voluntarily disclosed violations, and confirm, before approving a final report of a violation, that the violation or another violation occurring under the same circumstances 

has not been previously discovered by an inspector or self disclosed 

by an air carrier. This section also requires the GAO to study the 

effectiveness of the VDRP program. 


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TITLE IV—AIR SERVICE IMPROVEMENTS 

Sec. 401. Monthly air carrier reports 

This section requires the Secretary to collect and publish data 

pertaining to cancelled and diverted flights of air carriers. These 

reports will be published monthly and posted on the DOT website. 

Sec. 402. Flight operations at Reagan National Airport 

This section increases the beyond perimeter exempted slots at 

National Airport from 24 to 34, offset by a reduction of 10 slots 

within the perimeter that are currently available but unused. In 

addition, this section limits operations per hour to no more than 67 

flights. Scheduling priorities are afforded to new entrant and limited incumbent air carriers for these beyond perimeter exemptions. 

Sec. 403. EAS contract guidelines 

This section requires the Secretary to include in the guidelines 

governing the rate of compensation payable under the EAS program provisions under which the Secretary may: (1) encourage air 

carriers to improve air service to EAS communities by incorporating in EAS contracts financial incentives based on specified 

performance goals; and (2) execute long-term EAS contracts to encourage air carriers to provide service to EAS communities if it is 

in the public interest to do so. 

Sec. 404. Essential air service reform 

This section increases the general fund authorization for the EAS program from $77 million to $150 million. This authorization is in 

addition to the $50 million currently authorized from the FAA’s collection of overflight fees. 

In addition, subsection (b) amends current law (section 41742) to 

allow overflight fees in excess of $50 million for a fiscal year to be 

available immediately for obligation and expenditure equally between the SCASD program and EAS. 

Sec. 405. Small community air service 

This section adds an additional factor that the Secretary shall 

consider in selecting communities for participation in the SCASD 

program. Under this section, in addition to the existing criteria for 

participation in the program, the Secretary shall give priority to 

multiple communities that cooperate to submit a regional or multistate application to improve air service. This section extends the 

authorization for the SCASD program, through FY 2012, at the 

current authorized funding level of $35 million per year. 

The Committee is sensitive to concerns that grants made under 

the SCASD program may be used by an airport operator to compete with existing private businesses providing aviation services at 

the airport. Before making a grant under section 41743 that would 

allow an airport operator to purchase fueling or other ground service equipment that would compete with, or replace, that of an existing aviation service provider already in service at the airport, the 

Secretary should consider the impact such a grant would have on 

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views that such grants do not improve the quality of air service 

available to the community, then the Secretary should not make 

such grants in the future. 

Sec. 406. Air passenger service improvements 

This section creates a new chapter 423 in title 49, entitled Air 

Passenger Service Improvements. Except where otherwise specified, the requirements of chapter 423 shall begin to apply 60 days 

after the date of enactment. 

New section 42301, Emergency Contingency Plans, requires that 

no later than 90 days after the date of enactment, air carriers 

using aircraft with more than 30 seats participating in commercial 

air transport at medium- or large-hub airports and each operator 

of a medium or large-hub airport will file emergency contingency 

plans with the Secretary for review and approval. These plans 

must detail how the air carrier will provide food, water, restroom 

facilities, cabin ventilation, and medical treatment for passengers 

onboard an aircraft that is on the ground for an extended period 

of time without access to the terminal. Further, air carriers and 

airports must detail in their plan how they will allow passengers 

to deplane following excessive delays, including how facilities and 

gates will be shared. This provision also requires that airports used 

by an air carrier or foreign air carrier for flights in foreign air 

transportation provide for the use of the airport’s terminal, to the 

maximum extent practicable, for the processing of passengers arriving at the airport on such a flight in the case of an excessive 

tarmac delay. The Secretary is required to review, approve, or require modifications to the emergency contingency plans within nine 

months after the date of enactment and if he so chooses, can establish minimum standards for the elements of the emergency contingency plans in advance of the first required update. Air carriers 

must update their plans every three years and airports must update their plans every five years. DOT can assess a civil penalty 

against an air carrier or airport that fails to adhere to an approved 

contingency plan. 

New section 42302, Consumer Complaints, requires the Secretary to establish and publicize a consumer complaints hotline 

number for the DOT Aviation Consumer Protection Division 

(ACPD). In addition, this section requires air carriers to include the 

DOT consumer hotline number, and the air carrier’s email, phone 

number and address on internet websites and electronic tickets or 

boarding passes. Air carriers are also required to include DOT’s 

ACPD email, phone number and address on internet websites and 

electronic tickets and boarding passes. Such sums as may be necessary are authorized to carry out this section. 

New section 42303, Use of Insecticides on Passenger Aircraft, 

subsection (a) requires the Secretary to establish and make available to the public an internet website that contains a list of countries that may require an air carrier or foreign air carrier to treat 

aircraft passenger cabins with insecticides prior to a flight or to 

apply an aerosol insecticide in an aircraft cabin when the cabin is 

occupied with passengers. Subsection (b) requires an air carrier, 

foreign air carrier, or ticket agent selling in the United States, a 

ticket for a flight in foreign air transportation to a country listed 

on the website created under subsection (a) to disclose, on its own 


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website or through other means, that the destination country may 

require the air carrier or foreign air carrier to treat aircraft passenger cabins with insecticides prior to the flight or to apply an 

aerosol insecticide when the cabin is occupied with passengers, and 

refer purchasers to the website specified in subsection (a) for additional information. 

Sec. 407. Contents of competition plans 

Current law (section 47106(f)(2)) requires that no PFC or AIP 

grant be approved for a covered airport unless the airport has submitted to the Secretary a written competition plan. The competition plan requirement has resulted in the adoption by airports of 

many practices that reduce barriers to entry by new air carriers 

and expansion by smaller carriers, and enhance competitive access. 

However, covered airports have complained that providing information on patterns of air service and comparative airfare levels is burdensome, and essentially compels covered airports to feed DOT’s 

data back to the FAA. This section eliminates those requirements 

because the information is publicly available. Furthermore, according to FAA officials, DOT and FAA staffs who review competition 

plans do not use fare and schedule data to evaluate whether an 

AIP grant or PFC should be approved. Rather, they review each 

airport’s lease terms, such as the length of leases, use-or-lose provisions, gate sharing requirements; the availability of vacant gates; 

and policies on assisting new entrants to gain access to the airports 

to make such determinations. 

Sec. 408. Extension of competitive access reports 

Vision 100 required medium- and large-hub airports to file semiannual competition disclosure reports with the Secretary (‘‘competitive access reports’’) before receiving approval of an AIP grant, if 

the airport was unable to accommodate an airline’s request for facility access. The report must explain the reason for the lack of accommodation and provide a timeframe for accommodation. This 

section extends the current sunset provision for competitive access 

reports from April 1, 2009, to September 30, 2012. 

Sec. 409. Contract Tower Program 

Subsection (a) provides a special rule for ATC towers that are 

transitioning from the FAA’s Contract Tower Program (under 

which the cost of operating the tower is fully funded by the FAA), 

and the FAA’s Contract Tower Cost-Sharing Program (under which 

the local airport pays the portion of the costs that exceeds the benefits of operating the tower). Specifically, subsection (a) provides 

that, if the Secretary determines that an ATC tower that is already 

operating under the FAA’s Contract Tower Program falls below a 

benefit-to-cost ratio of 1.0, then the sponsor of the airport at which 

the tower is located shall not be required to pay the portion of the 

costs that exceeds the benefit for a period of 18 months after such 

determination is made. 

Subsection (a) also provides that, if the Secretary finds that all 

or part of an amount made available to carry out the fully-funded 

Contract Tower Program is not required during a FY, the Secretary 

may use such excess funds to carry out the Contract Tower CostSharing Program. 


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Subsection (b)(1) provides that, of the amount appropriated for FAA Operations, not more than $8.5 million for FY 2008, $9 million for FY 2009, $9.5 million for FY 2010, and $10 million for FY 

2011 and FY 2012, may be used to carry out the Contract Tower 

Cost-Sharing Program. 

Subsection (b)(2) provides that, if the Secretary finds that all or 

part of an amount made available to carry out the Contract Tower 

Cost-Sharing Program is not required during a FY, the Secretary 

may use such excess funds to carry out the fully-funded Contract 

Tower Program. 

Subsection (c) increases the maximum Federal share of the cost 

of new contract tower construction from $1.5 million to $2 million. 

Subsection (d) requires the Secretary to establish uniform standards and requirements for contract tower safety audits. 

Sec. 410. Airfares for members of the Armed Forces 

This section states that it is the sense of Congress that each U.S. 

air carrier should establish for all members of the Armed Services 

on active duty, reduced air fares that are comparable to the lowest 

airfare for ticketed flights; offer flexible terms that allow for such 

members to purchase, modify, or cancel tickets without time restrictions, fees and penalties; and waive baggage fees for a minimum of three bags. 

Sec. 411. Repeal of Essential Air Service Local Participation Program 

In 2003, Vision 100 established an ‘‘EAS Local Participation Pilot 

Program,’’ under which the Secretary was directed to designate not 

more than 10 communities located in proximity to hub airports and 

require such communities to pay a 10 percent local share of their 

EAS subsidy costs for a four-year period. Due to a provision subsequently included in annual appropriations acts, this program was 

never allowed to take effect. This section repeals this pilot program. 

Sec. 412. GAO study of essential air service subsidy cap 

Eligibility for EAS subsidy has been limited by the same criteria 

since the mid-1990s. These criteria, which were established in appropriations acts, and have never been codified, provide that a community is ineligible to receive subsidized EAS if it is within 70 

miles of a medium- or large-hub, or if its subsidy exceeds $200 per 

passenger (unless it is more than 210 miles from a medium- or 

large-hub). 

This section directs the Secretary to increase the $200 per passenger subsidy cap by an amount necessary to account for the increase, if any, in the cost of aviation fuel in the 24 months preceding the date of enactment, as determined by the Secretary. Such 

increase shall be published as an interim final rule not later than 

60 days after the date of enactment. 

Sec. 413. Notice to communities prior to termination of eligibility for 

subsidized essential air service 

The provision requires the Secretary to notify a community at 

least 45 days in advance of any final decision to end EAS payments 

to that community due to a determination by the Secretary that 


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providing such service requires a subsidy in excess of the per passenger subsidy cap. In addition, the provision requires the Secretary to establish procedures by which each community that is notified of an impending loss of subsidy may work directly with an 

air carrier to ensure that the air carrier is able to submit a proposal to the Secretary that does not require a subsidy in excess of 

the per passenger subsidy cap. 

Sec. 414. Restoration of eligibility to a place determined by the secretary to be ineligible for subsidized essential air service 

The provision establishes a procedure by which a community 

that has exceeded the passenger subsidy cap and, therefore, lost its 

subsidized EAS service, may submit to the Secretary a proposal for 

restoring compensation for such service. 

Sec. 415. Office of Rural Aviation 

The provision directs the Secretary to establish within the DOT 

an Office of Rural Aviation to monitor the status of air service to 

small communities, develop proposals to improve air service to 

small communities, and carry out such other functions as the Secretary considers appropriate. 

Sec. 416. Adjustments to compensation for significantly increased 

costs 

The provision clarifies that the Secretary may, subject to the 

availability of funds, make across-the-board increases in subsidy 

payments to air carriers to compensate such carriers for increased 

aviation fuel costs. In addition, the provision requires adjustments 

to the rate of compensation no later than 90 days after an incumbent carrier files a notice to withdraw. Under current law, such adjustments may take up to 180 days. 

Sec. 417. Review of air carrier flight delays, cancellations, and associated causes 

This section directs the DOT IG to conduct a review of air carrier 

flight delays, cancellations, and associated causes to update its 

2000 report. This report shall include statistics on flight delays and 

cancellations; an evaluation of air carriers’ scheduling practices 

with regard to delays and cancellations; a re-examination of capacity benchmarks at the Nation’s busiest airports, and the impact of 

flight delays and cancellations on passengers. The report is due one 

year from the date of enactment. 

Sec. 418. European Union rules for passenger rights 

This section directs the GAO to compare and evaluate the European Union and U.S. regulations, compensation, and other consideration afforded passengers who are denied boarding when flights 

are cancelled or delayed. The study shall include costs to air carriers, preferences of passengers and forms of compensation, taking 

into consideration the differences of size and structure of the two 

aviation systems. The report must be completed within one year 

after the date of enactment. 


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Sec. 419. Establishment of Advisory Committee for Aviation Consumer Protection 

This section requires the Secretary to establish an Advisory Committee for Aviation Consumer Protection (ACAP). The ACAP would 

consist of representatives of air carriers, airports, State and local 

governments, and non-profit public interest groups. Duties include 

evaluating existing consumer protection laws; and providing recommendations for improvement. The Secretary is required to report annually on recommendations made by the ACAP. 

Sec. 420. Denied boarding compensation 

This section requires the Secretary to evaluate every two years 

the amount provided for denied boarding compensation and issue 

a regulation to adjust such compensation as necessary. 

Sec. 421. Compensation for delayed baggage 

This section directs the GAO to study delays in the delivery of 

checked baggage to air carrier passengers and make recommendations for establishing minimum standards to compensate a passenger in the case of unreasonable delays, taking into consideration 

that many carriers are charging additional fees for checked baggage. The report must be submitted within 180 days of the date of 

enactment. 

According to the Bureau of Transportation Statistics, in 2008, 

5.26 per 1,000 passengers experienced a mishandled bag compared 

with 7.05 in 2007. Although the overall number of mishandled bags 

dropped from 2007, this decline is possibly the result of a reduction 

in the number of checked bags caused by additional baggage fees 

imposed by many airlines this year. The Committee believes that 

if airlines are now charging for baggage, passengers have a right 

to expect increased delivery performance. Accordingly, the Committee encourages the DOT to include ‘‘delayed’’ baggage as part of 

its yearly review to revise the limit of liability on baggage through 

part 254 of DOT’s rules (14 C.F.R. § 254), which establishes minimum baggage liability limits applicable to domestic air service. 

Sec. 422. Schedule reduction 

This provision requires the FAA to commence schedule reduction 

meetings if aircraft operations of air carriers exceed hourly benchmarks and are likely to have a significant adverse effect on the national or regional airspace system. If there is no agreement to reduce schedules, then the FAA shall use its administrative power in 

this area. The FAA is required to provide Congress with quarterly 

reports on scheduling at the top 35 airports. 

Sec. 423. Expansion of DOT airline consumer complaint investigations 

The Secretary is directed to investigate consumer complaints regarding flight cancellations, overbooking compliance, baggage 

issues, fares, frequent flier mile rights, and deceptive or misleading 

advertising. The Secretary shall provide an estimate of resources 

needed to carry out such investigations. 


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Sec. 424. Prohibitions against voice communications using mobile 

communications devices on scheduled flights 

This section prohibits voice communications using mobile communications devices in an aircraft during a flight of scheduled passenger inter- or intra-state air transportation. This prohibition includes conventional commercial mobile communications devices, 

voice over the internet applications, and voice override capabilities. 

The flight crew and law enforcement officers are not covered by 

this restriction and it does not affect the use of telephones already 

installed in the aircraft. The Secretary shall require all air carriers 

and foreign air carriers to adopt the cell phone prohibition, however, if a foreign government objects to the application of the provision, then the Secretary shall waive the application at such time 

as an alternative prohibition on voice communications can be negotiated by the Secretary with the foreign government. 

Sec. 425. Antitrust exemptions 

This section requires GAO to conduct a study of the legal requirements and policies followed by the DOT in deciding whether 

to approve international alliances and grant exemptions from the 

antitrust law in connection with alliances. In the study, the Comptroller General shall examine whether granting exemptions in connection with international alliances has resulted in: public benefits, 

reduced competition, increased prices in markets, or other adverse 

effects. The report is due one year after the date of enactment. This 

section sunsets grants of antitrust immunity, related to international alliances, three years after the date of enactment, unless 

the exemption is renewed by the Secretary. The Secretary may not 

renew an exemption before the date on which the Secretary issues 

a written determination as to whether it will adopt policy changes 

pursuant to the GAO report; any such renewal will be based on the 

policies in effect at that time. 

TITLE V—ENVIRONMENTAL STEWARDSHIP AND 

STREAMLINING 

Sec. 501. Amendments to Air Tour Management Program 

This section makes several changes to section 40128 that governs 

commercial air tour operations over national parks. This section exempts parks with 50 or fewer annual air tour flights, with a provision for the National Park Service (NPS) director to withdraw an 

exemption on a park-specific basis based on concerns regarding the 

protection of park resources or visitor experiences. This section also 

allows the Director and the Administrator to enter into a voluntary 

agreement with a commercial air tour operator as an alternative to 

an air tour management plan. This section provides more flexibility 

to the FAA and NPS to increase the number of operations or to 

allow new entrant air tour operators under interim operating authority conditions before an air tour management plan has been established at a park. The additional interim operating flexibility includes considerations by the NPS of the environmental impacts on 

park resources and by the FAA of impacts on aviation safety and 

the ATC system. Commercial air tour operators must report the 

number of commercial air tours over parks. 


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Sec. 502. State Block Grant Program 

This section codifies current practice that state participants in 

the AIP State Block Grant Program (i.e., Georgia, Illinois, Michigan, Missouri, New Hampshire, North Carolina, Pennsylvania, 

Tennessee, Texas and Wisconsin) have the responsibility and authority to comply with environmental requirements for projects at 

non-commercial service airports within the State Block Grant Program, and that other Federal agencies must recognize state environmental review analyses for Federal approvals, licenses, or permits related to these projects. This section also amends section 

47128(a) to replace the term ‘‘regulations’’ with ‘‘guidance’’ because 

the FAA has issued guidance in the form of the AIP Handbook, 

5100.38. This is a ministerial change and does not impact the State 

Block Grant Program or the Secretary’s ability to place requirements on the States under section 47128. 

Sec. 503. Airport funding of special studies or reviews 

Vision 100 codified the FAA’s authority to enter into reimbursable agreements with airport sponsors to fund additional FAA staff 

and/or contract support (using airport funds or AIP funds received 

by the airport) to help streamline environmental reviews for airport 

capacity projects. This section broadens this authority by allowing 

the FAA to accept such funds from airport sponsors to conduct special environmental studies for ongoing federally funded airport 

projects, or studies to support approved airport noise compatibility 

measures or environmental mitigation commitments in an agency 

record of decision or a finding of no significant impact. 

Sec. 504. Grant eligibility for assessment of flight procedures 

This section encourages the implementation of environmentallybeneficial aircraft flight procedures at airports by supporting, with 

AIP assistance, the environmental review of airport-proposed procedures that are approved by the FAA under 14 C.F.R. part 150, 

Airport Noise Compatibility Planning. This section also allows the 

FAA to accept funds, including AIP and PFC funds, from an airport 

sponsor to hire staff or obtain services to provide environmental reviews for new flight procedures that have been approved for airport 

noise compatibility planning purposes. 

Sec. 505. CLEEN research, development, and implementation partnership 

This section adds a new section to chapter 475 to direct the FAA 

to enter into a 10-year cooperative agreement with an institution, 

entity, or eligible consortium to carry out a program for the development, maturing and certification of Continuous Lower Energy, 

Emissions and Noise (CLEEN) engine and airframe technology to 

reduce aircraft environmental impacts and energy usage. Program 

objectives include: a reduction of fuel burn by 33 percent over current technology and a reduction in landing and takeoff cycle nitrogen oxide emissions by 60 percent, at a pressure ratio of 30, over 

the International Civil Aviation Organization (ICAO) standard; 

noise reduction rates of 32 Effective Perceived Noise Level in Decibels cumulative; determination of the feasibility of the use of alternative fuels; and the ability to retrofit new technologies. This section authorizes $20 million in FY 2009, $25 million in FY 2010, $33 


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million in FY 2011, and $50 million in FY 2012 for the CLEEN 

program. Annual status reports are required until the completion 

of the program. 

Sec. 506. Prohibition on operating certain aircraft weighing 75,000 

pounds or less not complying with stage 3 noise levels 

This section requires that, after December 31, 2013, all civil subsonic jet aircraft under 75,000 pounds must meet stage 3 noise levels within the 48 contiguous states, with some exceptions for temporary operations. 

Sec. 507. Environmental mitigation pilot program 

This section authorizes a new pilot program to allow the FAA to 

fund six environmental mitigation demonstration projects at publicuse airports to take promising environmental research concepts 

that have been proven in the laboratory into the airport environment. Eligible projects should show whether the technology could 

measurably reduce or mitigate aviation impacts on noise, air quality or water quality in the airport environment. Grants will be 

awarded to eligible consortia based on greatest reductions in aircraft noise, airport emissions, or water quality impacts; if it utilizes 

innovative concepts; or demonstrates a technique or technology for 

environmental mitigation is practical or capable. The Federal share 

of the project is 50 percent, not to exceed $2.5 million per project. 

Information shall be developed and published to include program 

results and best practices for reducing or mitigating aviation impacts on noise, air quality, or water quality in the vicinity of airports. 

Sec. 508. Aircraft departure queue management pilot program 

This section authorizes a pilot program at five public-use airports 

to design, develop, and test new air traffic flow management technology to better manage the flow of aircraft on the ground and reduce ground holds and idling times for aircraft. Airports will be selected based on the greatest fuel savings or air quality measured 

by the amount of reduced fuel and emissions per dollar of funds expended under the pilot program. The Secretary shall submit a report to congressional committees of jurisdiction within three years 

after the date of enactment to assess the program’s greatest fuel 

savings and air quality benefits and any impacts to safety, capacity, or efficiency of the air traffic or airport operations. The report 

must also include an assessment of benefits and a plan for implementation at other airports. Not more than $5 million per airport 

may be allocated for this pilot project. 

Sec. 509. High performance and sustainable air traffic control facilities 

This section requires the FAA, to the maximum extent possible, 

to implement environmentally-beneficial practices for new construction and major renovation of ATC facilities. This section authorizes 

such sums as may be necessary from the FAA’s F&E account to 

carry out this section. 

The Committee encourages the FAA to replace or retrofit existing 

support equipment at ATC facilities with equipment that seeks to 

achieve lower emissions and higher operating efficiency, including 


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hydrogen and fuel cell energy systems. Further, the Committee encourages the FAA to improve the energy efficiency, cost effectiveness, reliability and environmental performance of standby and 

backup power systems at ATC facilities through the use of alternative energy technology such as hydrogen and fuel cell systems. 

Sec. 510. Regulatory responsibility for aircraft engine noise and 

emissions standards 

This section directs the Administrator to arrange for the National Academy of Public Service or other independent entity to review, with input from the EPA and the FAA, where regulatory responsibility for engine noise and emissions standards should reside. 

The review shall consider: interrelationships between aircraft engine noise and emissions and the need to evaluate and address 

them in an integrated manner; which organization has the scientific expertise to evaluate the impact of such noise and emissions 

on the environment; which organization has the expertise to interface environmental performance with ensuring the highest levels of 

safety and reliability in engine performance of aircraft in flight; 

consistency with mission and regulatory authority; effectiveness in 

carrying out past aviation environmental responsibilities; and 

international responsibility to represent engine noise and emissions 

standards for civil aviation. The FAA shall submit the report to 

Congress within six months of the date of enactment. If a jurisdictional transfer is recommended, this report shall include a description of steps and a timeline for transfer. 

Sec. 511. Continuation of air quality sampling 

This provision continues to authorize the FAA to work with airlines to complete air quality studies begun under section 815 of Vision 100 including the collection of samples of air onboard passenger aircraft by flight attendants, and the testing and analysis 

of such samples for contaminants. 

Sec. 512. Sense of Congress 

It is the sense of Congress that the European Union should not 

extend its emissions trading proposal to international civil aviation 

without working through the ICAO. 

Sec. 513. Airport noise compatibility planning study, Port Authority 

of New York and New Jersey 

This section states the sense of Congress that the Port Authority 

of New York and New Jersey should complete an Airport Noise 

Compatibility Planning Study for LaGuardia, John F. Kennedy, 

and Newark Liberty International Airports. 

Sec. 514. GAO study on compliance with FAA record of decision 

This section requires the GAO to conduct a study to determine 

whether the FAA and the Massachusetts Port Authority are complying with the requirements of the FAA’s record of decision dated 

August 2, 2002, involving the construction of runway 14/32 at 

Logan International Airport. 


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TITLE VI—FAA EMPLOYEES AND ORGANIZATION 

Sec. 601. Federal Aviation Administration personnel management 

system 

The section amends section 40122(a)(2) to modify the dispute resolution process for proposed changes to the FAA personnel management system, and replaces it with a new dispute resolution process. 

Subsection (a) of this section requires that if the FAA and one of 

its bargaining units do not reach agreement, the services of the 

Federal Mediation and Conciliation Service (FMCS) shall be used 

or the parties may agree to an alternative dispute resolution procedure. If mediation between the parties with the assistance of the 

FMCS is unsuccessful, bargaining impasses shall be submitted to 

binding interest arbitration before a three-person board appointed 

under authority of the Federal Service Impasses Panel (FSIP). The 

arbitration board has 90 days from the date of appointment to 

render a decision. The parties are bound by the decision issued by 

the arbitration board. If an agreement is reached voluntarily or at 

the conclusion of arbitration, the final agreement (other than those 

matters decided by the arbitration board), is subject to employee 

ratification and agency head review under title 49 U.S.C. § 40122 

(g)(2)(C). This section also clarifies that U.S. District Courts have 

jurisdiction to enforce the requirements of this section. 

Subsection (b) of this section applies the new dispute resolution 

process to the ongoing dispute between the National Air Traffic 

Controllers Association (NATCA) and the FAA. Specifically, the 

changes implemented by the FAA on and after July 10, 2005, 

under the old statute, are null and void and the parties will be governed by their last mutual agreement. In addition, the FAA and 

NATCA are required to resume negotiations until a new contract 

is adopted. If an agreement is not reached within 45 days after negotiations resume, then the dispute is governed by the new dispute 

resolution process under subsection (a), including the 90-day limit 

for the arbitration board to render a final decision. 

Subsection (c) is a savings clause that prohibits the FAA from reversing any cost of living adjustments, lump sum payments, or 

leave and other benefits under the implemented changes, unless 

the reversal is calculated as part of the back pay calculation in subsection (d). The Administrator shall waive any overpayment to 

former employees. Subsection (d) would make affected employees 

eligible for back pay, subject to the availability of appropriations, 

not to exceed $20 million. Subsection (e) states that if an interim 

agreement is reached between the FAA and NATCA before the 

date of enactment, then the new agreement shall supersede any 

changes implemented by the Administrator, and subsections (b) 

and (d) shall not take effect. 

The Committee strongly believes that air traffic controllers were 

treated unfairly in 2006, when FAA broke off contract negotiations, 

refused to submit the remaining issues to arbitration, and imposed 

FAA’s own terms on pay and benefits. Many of our colleagues on 

both sides of the aisle agreed. When the House considered legislation to send the dispute to arbitration in June 2006, the vote was 

271 to 148 in favor; an overwhelming majority but eight votes short 

of the two-thirds majority needed under the special procedures the 

bill was considered. Moreover, in the 110th Congress, the amendVerDate Nov 24 2008 06:31 May 20, 2009 Jkt 079006 PO 00000 Frm 00111 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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ment offered to add this section to the FAA reauthorization legislation was adopted by an overwhelming majority of Committee members by a vote of 53 to 16. 

Following the failed contract negotiations in April 2006, the FAA 

imposed its terms on the controllers, including a 30 percent reduction in pay bands, which define the maximum and minimum pay 

for controllers at a facility. As a result of these terms about 95 percent of the controllers receive pay in excess of the maximum for 

their band. The FAA’s plan froze those controllers’ pay for five 

years and would not provide any government-wide cost of living 

base pay increases. When inflation is considered, these controllers 

will be making about 16 percent less in 2011 than in 2006. In addition, there were other reductions in various forms of pay received 

by the controllers. 

It is clear that the FAA’s unilateral imposition of wages, hours, 

and other terms and conditions of employment has had a harmful 

impact on the controller workforce, including major morale problems and an acceleration of retirements. According to NATCA, during FY 2008, 1,742 controllers left the FAA, with controllers retiring at a rate of over two a day. 

The Committee believes that it is highly important that there be 

a fair resolution of the controllers’ concerns. The best technology in 

the world will not improve our ATC system if the workforce operating this technology is distracted by resentments over unfair 

treatment or if the system is dangerously understaffed due to accelerating retirements. The Committee does not want a repeat of the 

disaster of 1981, when rigid Administration policies led to morale 

problems that festered for years, culminating in a strike and the 

firing of most of the controller workforce. 

In the 110th Congress, the Committee leadership devoted substantial time and energy to determine if a voluntary agreement 

could be reached for a new contract between the FAA and the controllers. Several meetings were held with all of the parties and 

they had extensive negotiations with each other. Regrettably, there 

were basic disagreements on principle that made it virtually impossible for there to be a voluntary agreement. 

The Obama administration has announced that it will begin negotiations with the air traffic controllers to resolve this dispute. We 

are hopeful that this will begin a process leading to a new contract 

acceptable to both parties. 

Sec. 602. MSPB remedial authority for FAA employees 

This section gives the Merit Systems Protection Board (MSPB) 

the same remedial authority it had over employee appeals as of 

March 31, 1996. 

Sec. 603. FAA technical training and staffing 

Subsection (a) requires the GAO to study FAA systems specialists training. The study is due within one year of the date of enactment to the congressional committees of jurisdiction. Subsection (b) 

requires the Academy to conduct a study to assess FAA assumptions and methods used to determine FAA systems specialist staffing needs to ensure proper maintenance and certification of the 

NAS. While conducting this study, the Academy shall consult with 

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cialist employees. The study will suggest improvements or a new 

staffing model as well as assess costs and time needed to develop 

such a model. The report to Congress is due one year after contracted. 

Sec. 604. Designee program 

This section requires the GAO to conduct a follow-up report within 18 months of the date of enactment regarding the FAA’s response to recommendations made in GAO’s October 2004 report on 

designee programs, including: an assessment of improvements 

made to the designee programs since the report and FAA’s organizational delegation/designee programs; a determination whether 

the FAA has sufficient monitoring and surveillance programs in 

place to properly oversee them; and any further action the GAO 

recommends to manage and increase assurances that designees 

meet the Administrator’s performance standards. 

Sec. 605. Staffing model for aviation safety inspectors 

The section requires the FAA to develop a staffing model for 

aviation safety inspectors by October 31, 2009, following the recommendations outlined in the ‘‘Staffing Standards for Aviation 

Safety Inspectors’’ report issued by the Academy in 2007. The FAA 

shall consult with stakeholders including the exclusive representative of the aviation safety inspectors in developing the model. Such 

sums as necessary are authorized to carry out this section. 

Sec. 606. Safety critical staffing 

This section directs the Administrator to increase the number of 

aviation safety inspectors in the Flight Standards Service and Aircraft Certification Service based on the number of employees in 

those positions as of the end of FY 2008. In addition, this section 

authorizes increased funding levels for staffing cost increases, and 

to allow the same level of staffing from FY 2010 through FY 2012. 

The Committee believes these increases in the inspector workforce 

are needed to address safety-critical workload demands, including 

oversight of air carrier operations and certification of new aviation 

equipment and technology. Upon completion of the aviation safety 

inspector staffing model (section 605) such sums as may be necessary are authorized to be appropriated to support the number of 

positions that the staffing model determines. This section also defines ‘‘safety critical positions’’ to include: aviation safety inspectors, safety technical specialist, and operations support, manufacturing safety inspectors, and pilots. 

Sec. 607. FAA air traffic controller staffing 

This section directs the FAA to enter into an arrangement with 

the Academy to conduct a study of the assumptions and methods 

used by the FAA to estimate staffing needs for FAA air traffic controllers. The Academy shall consult with the exclusive bargaining 

representative of the affected FAA employees, the Administrator, 

and CAMI. The report shall include recommendations for objective 

staffing standards based on current and future projected air traffic 

levels, and estimates of the cost and schedules for developing such 

standards. The study shall also include human factors considerations relevant to ATC performance. The Academy shall transmit 


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a report not later than 18 months after the date of enactment to 

the appropriate committees of jurisdiction. 

Sec. 608. Assessment of training programs for air traffic controllers 

This section requires the Administrator to conduct a study to assess the adequacy of training programs for air traffic controllers. 

The study shall include a review of the current training system for 

air traffic controllers, an analysis of the competencies required of 

controllers under the current ATC environment, an analysis of the 

competencies that will be required under the NextGen, and an 

analysis of various training approaches available to satisfy these 

competencies. The Administrator shall submit to Congress, within 

180 days of enactment, a report on the results of this study. 

Sec. 609. Collegiate training initiative study 

This section requires the Administrator to conduct a study on 

training options for graduates of the Collegiate Training Initiative 

(CTI) under section 44506(c). The study must review the impact of 

providing a new controller orientation session for graduates followed by on-the-job training for newly hired air traffic controllers. 

The study must analyze the cost effectiveness of this alternative 

training approach as well as the effect that such alternative training would have on the overall quality of training received by CTI 

graduates. The study is required to be submitted to the congressional committees of jurisdiction 180 days after the date of enactment. 

Sec. 610. FAA taskforce on ATC facility conditions 

The FAA must establish the FAA Taskforce on Air Traffic Control Facility Conditions (Taskforce). This Taskforce is comprised of 

12 members to study a variety of issues, including all ATC facilities 

across the nation to determine whether employees are exposed to 

dangerous levels of mold, asbestos, poor air quality, radiation and 

other building and facility-related hazards, and its affect on employee health and safety. The Taskforce must also review the Facility Condition Indices. The Taskforce must make recommendations 

and issue a report to the FAA and to the committees of jurisdiction 

no later than six months after initial appointments of the 

Taskforce. Within 30 days of the receipt of the Taskforce recommendations, the Administrator must deliver a report to the committees of jurisdiction on its timeline and plans for implementation 

of the recommendations. The Secretary is authorized $250,000 for 

the Taskforce. 

TITLE VII—AVIATION INSURANCE 

Sec. 701. General authority 

Current law (section 44302(f), initially added by section 1202 of 

the Homeland Security Act of 2002 (P.L. 107–296), and most recently extended by the Federal Aviation Administration Extension 

Act of 2009 (P.L. 111–12)) requires the FAA to provide U.S. airlines 

aviation insurance until September 30, 2009 (for insurance that 

was in effect on November 25, 2002), from the first dollar of loss 

at capped premium rates. Subsection (a) extends this requirement 

until September 30, 2012. This requirement then becomes discreVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00114 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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tionary until December 31, 2019. Subsection (b) requires that, after 

December 31, 2019, such insurance be provided instead by an airline industry sponsored risk-sharing arrangement approved by the 

Secretary. Premiums collected by the Secretary from the airlines 

from September 22, 2001, through December 31, 2019, shall be 

transferred to such airline industry risk-sharing arrangement. 

Sec. 702. Extension of authority to limit third party liability of air 

carriers arising out of acts of terrorism 

Current law (section 44303(b)) allows the Secretary to limit an 

airline’s third-party liability to $100 million and also prohibits punitive damages against either an airline or the Federal Government for any cause resulting from a terrorist event. This section 

extends the expiration date of this authority, now set to expire on 

December 31, 2009 (as amended by P.L. 111–12), to December 31, 

2012. 

Sec. 703. Clarification of reinsurance authority 

This section amends the reinsurance section in title 49 to clarify 

that the DOT may, as a risk mitigation technique, purchase reinsurance from commercial reinsurers to supplement payment of 

claims from the aviation insurance revolving fund. 

Sec. 704. Use of independent claims adjusters 

Section 44308 provides that the FAA may use commercial insurance carriers to underwrite insurance and adjust claims. Section 

704 amends section 44308(c)(1) to provide the FAA with explicit 

authority to use claims adjusters independent of an insurance underwriting agent. Having the flexibility to use an independent 

claims adjuster should, depending on the circumstances of a claim, 

avoid potential conflict of interest between a commercial insurance 

company acting as a claims adjuster for the FAA and its role as 

a provider of other insurance to an airline. This section may also 

expedite claims in the United States and foreign jurisdictions. 

Sec. 705. Extension of program authority 

This section extends the basic authority of the Secretary to provide insurance and reinsurance under chapter 443 of title 49 from 

December 31, 2013, to December 31, 2019. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Air carrier citizenship 

This section further clarifies the term ‘‘actual control’’ as it pertains to the definition of a ‘‘citizen of the United States’’. This provision states that an air carrier shall not be deemed to be under 

the ‘‘actual control’’ of U.S. citizens unless U.S. citizens control all 

matters pertaining to the business and structure of the air carrier, 

including operational matters such as marketing, branding, fleet 

composition, route selection, pricing and labor relations. 

In 2005, the Bush administration, in an administrative proposal, 

attempted to accommodate the demands of the European Union for 

additional foreign control of U.S. airlines by proposing a rule to interpret the ‘‘actual control’’ requirement as only requiring control 

over safety, security, and the Civil Reserve Air Fleet program, and 


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not requiring control over basic commercial decisions, such as the 

markets to be served or the rates to be charged. After several votes 

in Congress rejecting the Bush administration’s proposed interpretation of ‘‘actual control’’, the Administration withdrew its proposal. 

The DOT then announced that in the future it will develop its policies on foreign control of U.S. airlines on a case-by-case basis rather than by a general rule. To guide DOT in its case-by-case interpretations of the requirement of actual control by U.S. citizens, section 801 clarifies that there must be actual control by U.S. citizens 

over all elements of a carrier’s operations, including marketing, 

branding, fleet composition, route selection, pricing and labor relations. This provision does not prohibit a U.S. air carrier from employing foreign citizens in positions involving these areas if ultimate control over these decisions rests with citizens of the United 

States. In this regard, the Committee notes that existing law, section 40102(a)(15), requires that the president of a U.S. air carrier 

and ‘‘at least two thirds of the board of directors and other managing officers’’ must be citizens of the United States. 

In addition, the requirement in section 801 that U.S. citizens 

have control over ‘‘branding’’ should not be interpreted to mean 

that an air carrier cannot have legitimate franchising arrangements involving foreign citizens so long as U.S. citizens have ultimate control over the decision to enter into such arrangements. In 

this context, however, branding and/or franchising arrangements 

should not be interpreted to include arrangements that give foreign 

citizens significant influence over basic commercial decisions such 

as fleet composition, route selection, pricing and labor relations. 

Sec. 802. Disclosure of data to Federal agencies in interest of national security 

This section clarifies that the FAA has limited authority to release data and reports that are pulled from the FAA’s systems of 

records, which are subject to the Privacy Act (5 U.S.C. § 552), to 

other Federal agencies in the interest of national security. 

Sec. 803. FAA access to criminal history records and database systems 

The Federal Bureau of Investigation notified the FAA that a 

statutory clarification is necessary for the FAA to continue to have 

access to the National Crime Information Center (NCIC), and consequently state databases as well, that contain criminal history information (e.g. arrests, convictions, warrants). This section provides 

statutory authority for the FAA to continue to access the NCIC and 

related state criminal history databases so that the FAA may continue to perform its critical safety and security functions. Specifically, certain designated FAA staff have permission to access Federal, state, and local law enforcement databases, use their radio, 

data link or warning systems, and receive Government communications, at least to the same extent and in the same manner as state 

and local police. 

Sec. 804. Clarification of air carrier fee disputes 

Current law (section 47129) provides an expedited administrative 

forum for determining whether air carrier fees levied by airports 

are reasonable, in the context of a significant dispute brought beVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00116 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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fore the Secretary. The section requires complaining airlines to continue to pay disputed fees, and prohibits the charging airport from 

locking out complaining airlines. It also requires the charging airports to provide a mechanism such as a bond, surety, or line of 

credit, to guarantee refunds plus interest to complaining airlines of 

fees determined to be unreasonable. The DOT had treated the section as applying to both air carriers and foreign air carriers. The 

U.S. Court of Appeals for the District of Columbia, in Port Authority of New York and New Jersey v. DOT, 479 F.3d 21 (D.C. Cir. 

2007), determined that foreign airlines are not covered by section 

47129. This section amends current law to clarify the applicability 

of section 47129 to both air carriers and foreign air carriers. 

Sec. 805. Study on National Plan of Integrated Airport Systems 

This section requires the Secretary to initiate a study within 90 

days of the date of enactment to evaluate the formulation of the 

NPIAS including: criteria for inclusion in the plan; changes to capital needs; comparison of amounts airports received from AIP with 

capital needs; and the effect of transfers of airport apportionments. 

The study must be submitted within 36 months of initiation and 

shall include findings, recommendations for changes to the plan, 

and recommendations for changes to methods for determining apportionments to airports. 

Sec. 806. Express carrier employee protection 

This section amends the Railway Labor Act (RLA) to clarify that 

employees of an ‘‘express carrier’’ shall only be covered by the RLA 

if they are employed in a position that is eligible for certification 

under FAA’s rules, such as mechanics or pilots, and they are actually performing that type of work for the express carrier. All other 

express carrier employees are governed by the National Labor Relations Act (NLRA). In addition, this section provides that a company’s status as an ‘‘air carrier’’ will not provide a shield from coverage under the NLRA if it is also an express carrier. An express 

carrier is defined as any person whose primary business is the express shipment of freight or packages through an integrated network of air and surface transportation. 

Because of historical anomalies involving different companies in 

the express package industry, drivers and package handlers working for one major company in the industry do not have the same 

rights to organize and bargain collectively as employees performing 

the exact same jobs at other companies. 

The Committee believes that it is important that all truck delivery employees who work for express carriers providing integrated 

air and truck delivery systems be given equal treatment under the 

law. 

For example, Federal Express was organized as an airline; therefore, its drivers and package handlers are covered by the RLA. 

Under the RLA, workers can only organize for collective bargaining 

on a national basis, which is an enormous challenge in today’s environment. Therefore, if Federal Express drivers in Virginia want 

to be represented by a union, they can only do so if drivers all over 

the country agree. 

By contrast, other large companies in the express industry, such 

as United Parcel Service, began by supplying only truck delivery 


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service, but then evolved into providing integrated truck and air 

service, similar to Federal Express. The truck drivers and package 

handlers at these companies have continued to be covered by the 

NLRA, which allows these companies to organize locally for collective bargaining. 

There are no significant differences between the jobs of drivers 

and package handlers at Federal Express, and the jobs of such employees at other express companies. It is unfair and inequitable for 

the Federal Express employees not to have the same rights to organize and bargain collectively as their peers at other companies. 

Section 806 removes the disparity and places employees of major 

express companies on a similar footing by allowing drivers and 

package handlers at express companies to organize under the 

NLRA, while express company employees engaged in aviation operations would continue to be allowed to organize under the RLA. 

Sec. 807. Consolidation and realignment of FAA facilities 

This section requires the Secretary, no later than nine months 

after the date of enactment, to establish within the FAA a working 

group to develop criteria and make recommendations for the realignment and consolidation of services and facilities, comprised of 

the Administrator and two representatives from: the air carriers; 

the general aviation community; labor unions; and the airport community. 

The Administrator shall issue a report no later than six months 

after convening the working group that provides justification for 

each consolidation or realignment to the committees of jurisdiction. 

The Administrator shall also publish the report in the Federal Register and allow 45 days for public comment. Public hearings can be 

held in affected communities should they be requested. Any interested person can file an objection. Not later than 60 days after the 

end of the public comment period, the Administrator shall submit 

final recommendations and public comments to the committees of 

jurisdiction. The Administrator may not realign or consolidate any 

services or facilities until the final report is submitted to the committees of jurisdiction. 

Sec. 808. Accidental death and dismemberment insurance for National Transportation Safety Board employees 

Sometimes NTSB employees must travel on substandard aircraft 

to get to an accident site in a foreign country, or under dangerous 

circumstances to reach remote accident sites in the United States. 

This section clarifies that NTSB has the authority to purchase accidental death and dismemberment insurance for such employees 

which, in the event of an employee’s death while traveling under 

hazardous circumstances to an accident site, would pay benefits to 

the employee’s family. This provision also specifies that any 

amount paid to an employee’s family under such a policy would offset any liability of the United States if the NTSB is sued by the 

employee’s family. Finally, it specifies that payment of a benefit 

under such a policy shall not be considered pay or compensation. 


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Sec. 809. GAO study on cooperation of airline industry in international child abduction cases 

This section requires the GAO to study how the FAA could better 

ensure the collaboration and cooperation of domestic air carriers, 

foreign air carriers certified to operate in the United States, and 

other Federal agencies to develop and enforce child safety controls 

for adults traveling internationally with children. The GAO shall 

also examine any liability issues associated with providing assistance in such investigations. Not later than one year after the date 

of enactment, the GAO shall submit a report to Congress on the 

results of the study. 

Sec. 810. Lost Nation Airport, Ohio 

This section allows the City of Willoughby to sell the Lost Nation 

Airport to Lake County, Ohio, pursuant to certain requirements. 

Sec. 811. Pollock Municipal Airport, Louisiana 

This section requires the Administrator to approve a request 

from the town of Pollock, Louisiana, to close the Pollock Municipal 

Airport, and release the town from any condition contained in a 

surplus property conveyance or transfer document, and from any 

order by the DOT on the use and repayment of airport revenue, 

that would otherwise prevent the closure of the airport. Upon approval of such request to close the airport, the town of Pollock shall 

obtain fair market value for the sale of airport property and shall 

transfer all proceeds from such sale to the sponsor of a public airport designated by the Administrator to be used for the development or improvement of such airport. The Pollock airport has never 

been included in the NPIAS and, therefore, it is not considered necessary to meet the current or future needs of the national aviation 

system and is not eligible to receive AIP grants. 

Sec. 812. Human intervention and motivation study program 

This section authorizes and expands the Human Intervention 

and Motivation Study (HIMS) program to combat chemical dependency to include pilots and flight attendants involved in carrier operations in the United States under part 121 of the FAA’s regulations. HIMS program development is required within six months of 

the date of enactment. This section authorizes such sums as may 

be necessary to carry out this program from FY 2009 through FY 

2012. 

Sec. 813. Washington D.C., Air Defense Identification Zone 

This section requires the Administrator, in consultation with the 

Secretary of Homeland Security and the Secretary of Defense, to 

submit a report to the appropriate congressional committees within 

90 days that outlines changes to the Washington D.C. Air Defense 

Identification Zone that will decrease operational impacts and improve general aviation access to airports in the region. 

Sec. 814. Merrill Field Airport, Municipality of Anchorage, Alaska 

This section allows the release of specific airport land without 

monetary consideration to the town of Anchorage, Alaska, for construction or reconstruction of a federally subsidized highway 

project. 


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Sec. 815. 1940 Air Terminal Museum at the William P. Hobby Airport, Houston, Texas 

This section states the House of Representatives’ support for the 

goals and ideals of the 1940 Air Terminal Museum and congratulates the City of Houston and the 1940 Air Terminal Museum for 

William P. Hobby Airport’s 80–year history as a vital part of Houston and the nation’s transportation infrastructure. Congress also 

acknowledges the Museum’s preservation and presentation of civil 

aviation heritage and the importance civil aviation plays in our Nation’s history and economy. 

Sec. 816. Duty periods and flight time limitations applicable to 

flight crewmembers 

This provision requires the FAA to conduct a rulemaking to require that all commercial flight time, including ferry flights (i.e., 

non-revenue flights), be included in a flight crewmember’s total 

flight time limitations under parts 121 or 135. 

Sec. 817. Pilot program for redevelopment of airport properties 

Under current part 150 rules and the AIP Handbook, airports 

may use Federal funds to purchase properties located within high 

noise areas. The FAA directs that the properties not needed for airport uses be redeveloped for airport-compatible land uses, generating economic benefits to the local community and monies for further noise investments or to be returned to the FAA. In 2005, the 

DOT IG in its report ‘‘Audit of the Management of Land Acquired 

under Airport Noise Compatibility Programs’’ found that airports 

are not returning part 150 lands back to productive use quickly 

enough. 

In response to the DOT IG report and to provide mechanisms 

that encourage greater cooperation between airports and their surrounding communities, the Administrator is directed to establish 

within one year from enactment, at up to four public use airports, 

a Pilot Program for Redevelopment of Airport Properties. The pilot 

program is intended to provide new tools to encourage airport compatible redevelopment of airport impacted properties adjacent to 

the public use airports. Specifically, the pilot airports and affected 

neighboring jurisdictions are permitted to enter into new joint comprehensive planning activities that are intended to lead to the assembly and redevelopment of property purchased with noise mitigation funds. Joint comprehensive land use planning activities 

could include master plans, traffic studies, environmental evaluation, economic and feasibility studies, or other planning activities 

with neighboring local jurisdictions undertaking community redevelopment in the area where the land or other property interest acquired by the airport operator is located. Not more than $5,000,000 

may be expended under this pilot program at any single public-use 

airport. The Federal share of the costs of a project cannot be more 

than 80 percent. 

Sec. 818. Helicopter operations over Long Island and Staten Island, 

New York 

This section requires the FAA to conduct a study of the effect of 

helicopter operations (safety, noise and related issues), feasibility of 

diverting helicopters, creating specific air lanes, and altitude limits 


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for helicopter operations over residential areas of Long Island and 

Staten Island, New York. The report shall include results of the 

study and any recommendations. 

Sec. 819. Cabin temperature standards study 

This provision requires the FAA to conduct a study to determine 

whether onboard temperature standards are needed to protect 

cabin and cockpit crew as well as passengers from excessive heat 

onboard the aircraft. The FAA is also required to survey cabin and 

cockpit temperatures onboard a representative sample of aircraft 

types and operations, to address the appropriate placement of temperature monitoring devices onboard the aircraft to determine the 

most accurate measurement of onboard temperature as well as develop a system for the reporting of excessive temperature onboard 

passenger aircraft by flight and cabin crewmembers. 

Sec. 820. Civil penalties technical amendments 

This section applies civil penalties to violations of chapter 451 on 

Alcohol and Controlled Substance Testing. 

Sec. 821. Study and report on alleviating congestion 

The GAO shall conduct a study and submit to Congress a report 

within six months of the date of enactment regarding strategies to 

decrease congestion in the national airspace and evaluate legal obstacles comparing the efficiency of developing incentives, reducing 

flights, implementing slots with redesigning airspace. 

Sec. 822. Airline personnel training enhancement 

The Secretary shall issue regulations within six months that require air carriers to provide an initial and annual recurring training for flight and gate attendants regarding serving alcohol, dealing with disruptive passengers, and recognizing intoxicated persons. 

Sec. 823. Study on feasibility of development of a public internet 

web-based search engine on wind turbine installation obstruction 

The Administrator shall carry out a study within one year after 

the date of enactment to determine the feasibility of developing a 

publicly searchable website that provides information regarding the 

acceptable height and distance that a wind turbine may be installed relative to aviation sites as well as the impact of the operation of wind turbines, individually and in collections, on radar signals and evaluate the feasibility of providing quantifiable measures 

of numbers of turbines and distances from radars that are acceptable. 

Sec. 824. Wind turbine lighting 

This section directs the Administrator to study: the effect of 

lighting for wind turbine on residential areas; safety issues relating 

to alternative lighting strategies, technologies, or regulations; potential energy savings; feasibility of implementing alternative lighting strategies or technologies; and any other wind turbine lighting 

issues. The FAA is responsible for evaluating the effect structures 

over 200 feet have on the NAS. In the past, considerable research 


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was done to determine the minimum marking and lighting options 

that ensured an acceptable level of safety in air navigation. In recent years, new technologies and environmental considerations 

have changed, supporting the need for a new study to evaluate 

marking and lighting systems. The report is due to Congress within 180 days of the date of enactment. 

Sec. 825. Limiting access to flight decks of all-cargo aircraft 

This section requires the FAA, within 180 days of the date of enactment, to identify a physical means, or a combination of physical 

and procedural means, of limiting access to the flight decks of allcargo aircraft to only authorized flight crewmembers. The final report must be submitted to Congress within one year of the date of 

enactment. Many all-cargo aircraft do not have a fortified cockpit 

door or other barrier that limits access to the flight deck, and have 

limited ground security procedures. 

TITLE IX—FEDERAL AVIATION RESEARCH AND 

DEVELOPMENT 

Sec. 901. Short title 

This section provides that this title may be cited as the ‘‘Federal 

Aviation Research and Development Reauthorization Act of 2009’’. 

Sec. 902. Definitions 

This section defines Administrator, FAA, NASA, NRC, National 

Oceanic and Atmospheric Administration, NSF, and Secretary. 

Sec. 903. Interagency research initiative on the impact of aviation 

on the climate 

This section requires the FAA, in coordination with NASA and 

the U.S. Climate Change Science Program, to conduct a research 

initiative assessing the impact of aviation on the climate and to 

evaluate approaches to mitigate that impact. Not later than one 

year after the date of enactment, the participating Federal entities 

shall jointly develop a plan for the research program, including a 

five-year budgetary profile. 

Sec. 904. Research program on runways 

This section requires the FAA to establish a program of research 

grants to universities and non-profit research foundations for research and technology demonstrations related to improved runway 

surfaces and engineered material restraining systems for runways 

at general aviation and commercial air carrier airports. 

Sec. 905. Research on design for certification 

This section requires the FAA and NASA to establish a joint research program on improving both the confidence in and the timeliness of certification for new NAS technologies. Not later than one 

year after the date of enactment, the FAA and NASA shall develop 

a plan for the research program that contains the objectives, proposed tasks, milestones, and five-year budgetary profile. The NRC 

will conduct an independent review of the research program plan 

within 18 months of the date of enactment. 


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Sec. 906. Centers of excellence 

This section amends section 44513(f) to provide that the U.S. 

Government’s share of establishing and operating a center of excellence and research grants shall not exceed 75 percent of the costs, 

and that the U.S. Government’s share for an individual grant shall 

not exceed 90 percent of the costs. This section requires an annual 

report to Congress at the time of the President’s budget request. 

Sec. 907. Airport Cooperative Research Program 

This section amends section 44511(f) to extend the Airport Cooperative Research Program indefinitely. 

Sec. 908. Unmanned aircraft systems 

This section amends section 44504(b) to encourage participation 

among agencies regarding unmanned aircraft, develop increased 

understanding of human factors, and assure existing levels of safety while integrating all classes of unmanned aircraft systems into 

the national airspace. 

Sec. 909. Research grants program involving undergraduate students 

This section requires the Administrator to establish a program to 

utilize colleges and universities to conduct research by undergraduate students on subjects relevant to the FAA. It authorizes $5 

million for research grants for each of fiscal years 2009 through 

2012 to carry out the program. 

Sec. 910. Aviation gas research and development program 

The FAA, in coordination with NASA, shall continue research 

and development activities into technologies for modifying existing 

aviation piston engines to be operated with unleaded aviation fuel. 

This section requires the FAA, within 120 days of enactment, to develop a roadmap for specific objectives of the program. Within 130 

days of enactment, the FAA shall deliver the roadmap of the program to the appropriate congressional committees. This section authorizes $750,000 for each of fiscal years 2009 through 2012 to 

carry out the program. 

Sec. 911. Review of FAA’s energy- and environment-related research 

programs 

This section requires the Administrator to arrange for the NRC 

to conduct a review of the FAA’s energy- and environment-related 

research programs, and to provide the Congress with a report of 

the review within 18 months of the date of enactment. 

Sec. 912. Review of FAA’s aviation safety-related research programs 

This section requires the Administrator to arrange for the NRC 

to review FAA’s aviation safety-related research programs. The report is due within 14 months of the date of enactment and includes 

an authorization of $700,000 to carry out the report. 

Sec. 913. Research program on alternative jet fuel technology for 

civil aircraft 

This section requires the Secretary to conduct a research program related to developing jet fuel from alternative sources 


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through grants or other measures. The program shall include participation by educational and research institutions. Further, the 

Administrator shall designate an institution as a Center of Excellence for Alternative Jet Fuel Research not later than six months 

after the date of enactment. 

Sec. 914. Center for Excellence in Aviation Employment 

This section requires the FAA to develop a Center for Excellence 

focused on research and training of aviation employees. 

ADDITIONAL MATERIALS 

Joint use airports 

The Committee believes that DOT should continue to work with 

the Department of Defense to ensure that the civil aviation needs 

of Joint Use airports are met. Where appropriate, the FAA should 

provide AIP grants to meet the civil aviation airside needs of Joint 

Use airports. 

Required navigation performance at Teterboro Airport 

The Committee supports the FAA’s inclusion of Teterboro Airport 

(TEB) in Teterboro, New Jersey, among the list of high-priority airports for the installation of at least one Required Navigation Performance (RNP) approach at the airport. An RNP approach will alleviate many of the concerns of local residents and help ease air 

traffic congestion in the New York Metropolitan area by providing 

a more efficient and continuous approach for aircraft flying into 

and out of TEB. 

Northern Virginia congestion 

The Committee understands that the FAA is working with the 

leadership of the Metropolitan Washington Airports Authority and 

Arlington County, Virginia, on air traffic operations and surveillance impact issues concerning National Airport. Specifically, the 

most recent round of Base Relocations and Closures will have a 

major adverse impact on the area known as Crystal City in Arlington County, which will require the redevelopment of many of the 

older buildings. Redevelopment of Crystal City, and of nearby 

Rosslyn, is critical to the economic well-being of northern Virginia, 

including the airports. The Committee commends the FAA for its 

efforts to protect national airspace assets, while accommodating legitimate economic and civic interests in Arlington County. The 

Committee encourages the FAA to work with Arlington County toward mutually agreeable short term solutions and to consider readily available and emerging technologies in developing a specific 

plan for implementing agreed upon solutions. 

National airport noise and land use compatibility plan 

The Committee is aware that the Metropolitan Washington Airports Authority is working to resolve some technical issues with regard to its proposed National Airport part 150 Noise and Land Use 

Compatibility Plan, and encourages the FAA to work with the authority to resolve these issues in a timely manner. 


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Cabin air quality 

The Committee is concerned with the slow progress made on the 

study of aircraft cabin air quality provided for in section 815 of Vision 100. While the initial work of this study was completed, the 

Committee is aware of reports that the sampling was delayed and 

cabin crew were not permitted to participate in the collection of aircraft cabin air samples, thereby preventing a more comprehensive 

sampling. The Committee is aware that reports continue to come 

in from passengers and flight attendants about illnesses suffered 

from what could be dangerous contaminants in the aircraft cabin 

air. To properly determine what, if any, contaminants exist in the 

air of the aircraft cabin, samples of the air onboard the aircraft 

must continue to be collected and analyzed. The Committee urges 

the FAA take all appropriate action to ensure completion of this 

vital research by allowing cabin crew to collect aircraft cabin air 

samples. 

Animal dander allergens in aircraft cabins 

The Committee commends the FAA for issuing guidance in the 

past to air carriers on air cabin allergens and encourages air carriers to accommodate passengers with severe animal dander allergies. Because prohibiting animals will not completely eliminate all 

exposures of sensitive passengers to allergens introduced from 

other sources, including passenger clothing, in the cabin environment, the Committee encourages air carriers to communicate with 

passengers with severe allergies to ensure they are not sitting near 

an animal or, if necessary, provide another alternative. The Committee also encourages air carriers to train crewmembers to identify and respond to severe allergic reactions. 

St. George Airport 

To support capacity needs of the more than 400,000 residents of 

Washington County, Utah, the Committee encourages the FAA and 

the City of St. George to use all available resources to ensure that 

the new St. George airport meets its opening date goal of January 

2011. 

Obstacle marking and lighting methods study completion 

The Committee is concerned by the growing number of reported 

accidents and collisions involving low flying aircraft striking power 

lines and other man made obstacles. The FAA cites wire and obstruction accidents as the agency’s number one problem for rotorcraft. The Committee is concerned about current obstruction marking and lighting methods, and urges the FAA towards timely completion of certification of new obstacle collision avoidance systems. 

The Committee encourages the FAA and FAA’s Flight Standards 

division to complete its ongoing study to assess the safety and efficiency of audio/visual systems compared with existing mechanical 

systems for aviation safety and report back to Congress by December 31, 2009. 

Contracts of carriage 

The Committee thinks it is important that air carriers prominently display their contracts of carriage on their website so that 

the flying public can obtain information on their contractual rights. 


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While many air carriers post their contract of carriage on their 

website, the contract is often difficult to find and there is no uniformity of location between different carrier websites. Furthermore, 

in the event a passenger is denied boarding, subject to flight cancellation or lost baggage, or other events covered by the contract 

of carriage, air carriers and foreign carriers should inform affected 

passengers in writing of their rights under the relevant section of 

the contract of carriage at the time of the event affecting the passenger. 

Intermodal pilot program 

The Committee is aware of efforts by the Detroit Metropolitan 

Wayne County Airport to develop an aviation-oriented business 

cluster around the airport and along transportation corridors radiating from the airport. These developments may well-position this 

airport to participate in the intermodal ground access pilot project 

described in section 114. The Committee believes the Detroit Metropolitan Wayne County Airport and similar airports should be 

considered for this pilot project. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 110th Congress, the Subcommittee on Aviation held six 

hearings on FAA reauthorization. The first hearing, on March 14, 

2007, focused on the Administration’s proposal. The second hearing, on March 21, 2007, addressed the Bush administration’s financing proposal. The third hearing, on March 22, 2007, explored 

operational and safety programs at FAA. The fourth hearing, on 

March 28, 2007, focused on AIP needs. The fifth hearing, on April 

25, 2007, looked at the EAS and SCASD Programs. The sixth and 

final hearing focused on NextGen. 

On June 27, 2007, Chairman James L. Oberstar introduced H.R. 

2881, the ‘‘FAA Reauthorization Act of 2007’’. On June 28, 2007, 

the Committee on Transportation and Infrastructure reported H.R. 

2881, as amended, favorably to the House by voice vote with a 

quorum present. On September 17, 2007, the Committee reported 

the bill to the House. H. Rept. 110–331. On September 20, 2007, 

the House passed H.R. 2881 by a vote of 267 to 151. No further 

action was taken on the bill. 

Provisions extending AIP and tax authority from October 1, 

2007, through December 31, 2007, were included in section 148 and 

149 of H.J. Res. 52 (P.L. 110–92), as subsequently extended by section 101 of H.R. 3222, H.J. Res. 69 (P.L. 110–137), and H.J. Res. 

72 (P.L. 110–149). Provisions extending tax authority from December 31, 2007, through February 29, 2008, were included in section 

116 of H.R. 2764 (P.L. 110–161). Provisions extending both AIP 

and tax authority from February 29, 2008, through June 30, 2008, 

were included in H.R. 5270 (P.L. 110–190). Provisions extending 

both AIP and tax authority from July 1, 2008, through September 

30, 2008, were included in H.R. 6327 (P.L. 110–253) and were further extended to March 31, 2009, in H.R. 6984 (P.L. 110–330). 

Most recently, H.R. 1512 (P.L. 111–12) extended FAA’s AIP and 

tax authority to September 30, 2009. 

On February 9, 2009, Chairman James L. Oberstar introduced 

H.R. 915, the ‘‘FAA Reauthorization Act of 2009’’. On February 11, 

2009, the Aviation Subcommittee held a hearing on H.R. 915, the 


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‘‘FAA Reauthorization Act of 2009’’. On March 5, 2009, the Committee on Transportation and Infrastructure met in open session to 

consider H.R. 915. A manager’s amendment was offered and agreed 

to by voice vote with a quorum present. The Committee ordered the 

bill, as amended, reported favorably to the House by voice vote 

with a quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with consideration of H.R. 915 or ordering the bill reported. During consideration of H.R. 915, a manager’s 

amendment was offered and agreed to by voice vote with a quorum 

present. A motion to order H.R. 915, as amended, reported favorably to the House was agreed to by voice vote with a quorum 

present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee references 

the report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to reauthorize the Federal 

Aviation Administration and make a number of changes in aviation 

laws to increase the safety, efficiency, and capacity of the aviation 

system. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 915 from the Director of the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 22, 2009. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 915, the FAA Reauthorization Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

DOUGLAS W. ELMENDORF, Director. 

Enclosure. 

H.R. 915—FAA Reauthorization Act of 2009 

Summary: H.R. 915 would authorize appropriations, mainly over 

the 2009–2012 period, for activities of the Federal Aviation Administration (FAA) and other federal programs related to aviation. Provisions of the legislation also would affect direct spending and revenues. CBO and the Joint Committee on Taxation (JCT) estimate 

that implementing H.R. 915 would: 

• Increase discretionary spending by $44 billion over the 

2009–2014 period; 

• Increase net direct spending by $46 million over the 2009– 

2014 period and $357 million over the 2009–2019 period; 

• Reduce revenues by $14 million over the 2009–2014 period 

and $231 million over the 2009–2019 period. 

Enacting those provisions that would affect direct spending and 

revenues would increase future deficits by $60 million over the 

2009–2014 period and $588 million over the 2009–2019 period. 

The legislation’s effects on direct spending and revenues over the 

2009–2013 and 2009–2018 periods are relevant for enforcing payas-you-go rules under the current budget resolution. CBO and JCT 

estimate that enacting H.R. 915 would: 

• Increase net direct spending by $113 million over the 

2009–2013 period and $184 million over the 2009–2018 period; 

• Increase revenues by $10 million over the 2009–2013 period and reduce them by $174 million over the 2009–2018 period; and thus 

• Increase future deficits by $103 million over the 2009– 

2013 period and $358 million over the 2009–2018 period. 

H.R. 915 contains intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

because it would impose new safety standards on both public and 

private airports. The bill also contains several other mandates that 

only affect public airports or state and local governments. CBO estimates that the aggregate cost of the intergovernmental mandates 

in the bill would exceed the annual threshold established in UMRA 

($69 million in 2009, adjusted annually for inflation). In addition 

to new safety standards, the bill would impose private-sector mandates on operators of certain aircraft, entities registering or obtaining certification with the FAA, and commercial air carriers. Based 

on information from the FAA and industry sources, CBO estimates 


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that the aggregate cost of complying with the private-sector mandates also would exceed the annual threshold established in UMRA 

($139 million in 2009, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 915 is shown in Table 1. The costs of this legislation fall primarily within budget functions 400 (transportation) 

and 600 (income security). 

Basis of estimate: For this estimate, CBO assumes that H.R. 915 

will be enacted by August 1, 2009. Outlay estimates are based on 

historical spending patterns for affected programs and on information provided by the Department of Transportation (DOT) and the 

FAA. 

Spending subject to appropriation 

H.R. 915 would authorize appropriations, mainly over the 2009– 

2012 period, for the FAA and other federal programs related to 

aviation. For fiscal year 2009, discretionary funding for aviation 

programs under the Omnibus Appropriations Act, 2009 (Public Law 

111–8), and the American Recovery and Reinvestment Act (Public 

Law 111–5) currently totals about $13.3 billion. CBO estimates 

that outlays under current law would total $40 billion over the 

2009–2014 period. We estimate that fully funding H.R. 915 would 

increase discretionary spending by about $44.4 billion over that period, primarily for major programs administered by the FAA. That 

estimate includes spending from additional amounts authorized to 

be appropriated for 2009 and assumes that amounts authorized 

and estimated to be necessary for later years are provided near the 

start of each fiscal year. 

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 915 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2014 2009– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: 

Budget Authority/Authorization 

Level a ...................................... 13,347 127 77 77 77 77 13,782 

Estimated Outlays b ..................... 15,769 6,565 5,117 4,407 4,116 4,041 40,015 

Proposed Changes: 

FAA Operations: 

Authorization Level ...................... 0 9,531 9,936 10,350 0 0 29,817 

Estimated Outlays ....................... 0 8,483 9,891 10,304 1,139 0 29,817 

Air Navigation Facilities and Equipment: 

Authorization Level ...................... 304 3,259 3,353 3,506 0 0 10,422 

Estimated Outlays ....................... * 1,888 2,668 3,231 1,593 763 10,143 

Airport Improvement Programc: 

Authorization Level ...................... 0 0 0 0 0 0 0 

Estimated Outlays ....................... 0 74 170 271 353 396 1,264 

Research Engineering and Development: 

Authorization Level ...................... 42 215 226 245 0 0 728 

Estimated Outlays ....................... * 136 207 235 114 31 723 

Changes to FAA Personnel Management System: 

Estimated Authorization Level ..... 83 385 323 249 0 0 1,040 

Estimated Outlays ....................... 56 370 330 257 27 0 1,040 

Essential Air Service: 

Authorization Level ...................... 73 73 73 73 73 73 438 

Estimated Outlays ....................... * 117 88 73 73 73 424 


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TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 915—Continued 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2014 2009– 

2014 

Increased Funding for Aviation Safety 

Inspectors: 

Authorization Level ...................... 0 45 138 235 0 0 418 

Estimated Outlays ....................... 0 40 128 224 26 0 418 

Other Provisions: 

Estimated Authorization Level ..... 53 114 166 181 9 9 532 

Estimated Outlays ....................... * 117 157 174 65 19 532 

Total Changes: 

Estimated Authorization 

Level ............................... 554 13,622 14,215 14,839 82 82 43,394 

Estimated Outlays .............. 56 11,225 13,639 14,769 3,390 1,282 44,361 

Spending Under H.R. 915: 

Estimated Authorization Level .............. 13,901 13,749 14,292 14,916 159 159 57,176 

Estimated Outlays ................................ 15,825 17,790 18,756 19,176 7,506 5,323 84,376 

CHANGES IN DIRECT SPENDING 

Spending Under Current Law: 

Estimated Budget Authority c ............... 3,870 3,870 3,870 3,870 3,870 3,870 23,220 

Estimated Outlays ................................ 50 50 50 50 50 50 300 

Proposed Changes: 

Estimated Budget Authority ................. 0 197 314 415 407 313 1,646 

Estimated Outlays ................................ 0 15 32 35 31 ¥67 46 

Spending Under H.R. 915 d

Estimated Authorization Level .............. 3,870 4,067 4,184 4,285 4,277 4,183 24,866 

Estimated Outlays ................................ 50 65 82 85 81 ¥17 346 

CHANGES IN REVENUES 

Estimated Revenues e .................................... * 9 15 3 ¥17 ¥24 ¥14 

NET IMPACT OF CHANCES IN DIRECT SPENDING AND REVENUES ON THE DEFICIT 

Net Increase or Decrease (¥) in the Deficit * 6 17 32 48 ¥43 60 

a. The 2009 level is the amount appropriated for that year for FAA operations; facilities and equipment; research, engineering, and devel- opment; essential air service; and the Joint Planning and Development Office (JPDO). The 2010–2014 levels reflect amounts authorized to be appropriated under current law for essential air service and the JPDO. 

b. Estimated outlays under current law are from amounts appropriated for 2009 and previous years for FAA operations, facilities and 

equipment; research, engineering, and development; essential air service; and the Joint Planning and Development Office as well as discretionary outlays from the obligation limitations for the Airport Improvement Program. 

c. Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however, 

outlays from that contract authority are subject to limitations on obligations specified in annual appropriation acts and are therefore considered discretionary. 

d. Enacting H.R. 915 would increase direct spending by $357 million over the 2009–2019 period (see Table 2 for annual effects through 

2019). 

e. Enacting H.R. 915 would reduce revenues by $231 million over the 2009–2019 period (see Table 2 for annual effects through 2019). 

Notes: * = between ¥$500,000 and $500,000; FAA = Federal Aviation Administration. 

FAA Operations. H.R. 915 would authorize appropriations totaling $9 billion in 2009 and $38.8 billion over the 2009–2012 period 

for FAA operations, particularly for salaries and expenses related 

to operating the air traffic control system. Slightly more than $9 

billion for FAA operations has already been appropriated for 2009, 

and implementing H.R. 915 would add $29.8 billion to those 

amounts over the 2010–2012 period, assuming appropriation of the 

additional amounts authorized. CBO estimates that fully funding 

FAA operations as authorized in H.R. 915 would result in additional spending totaling $29.8 billion over the 2009–2014 period. 

Air Navigation Facilities and Equipment. H.R. 915 would authorize appropriations totaling $3.2 billion in 2009 and $13.4 billion 

over the 2009–2012 period for facilities and equipment—primarily 

infrastructure and systems for communication, navigation, and 

radar surveillance related to air travel. Public Law 111–5 and Public Law 111–8 already provided $2.9 billion for 2009 for those activities. Assuming appropriation of the additional amounts authorVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00130 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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ized in this bill, CBO estimates that outlays would increase by 

$10.1 billion over the 2009–2014 period, with additional spending 

occurring in later years. That estimate assumes that an additional 

$304 million will be provided during 2009 for facilities and equipment. 

By authorizing appropriations for air navigation facilities and 

equipment over the 2009–2012 period, H.R. 915 would authorize 

adjustments to contract authority for the airport improvement program in those years. Current law provides for increases to contract 

authority (a mandatory form of budget authority) for that program 

in any year that the amounts authorized to be appropriated for facilities and equipment exceed amounts actually provided in appropriation acts for such activities. Any such changes authorized 

under H.R. 915 and triggered by annual appropriation acts would 

be considered changes in direct spending and are discussed later in 

this estimate (see section entitled ‘‘Direct Spending’’). Airport Improvement Program. H.R. 915 would provide $12.3 billion in contract authority (a mandatory form of budget authority) 

over the 2010–2012 period for the Airport Improvement Program 

(AIP). (Under current law, the FAA has nearly $3.9 million in contract authority available through 2009.) Through that program, the 

FAA provides grants to airports for projects to enhance safety and 

increase airports’ capacity for passengers and aircraft. Outlays 

from AIP contract authority are controlled by limitations on obligations set in annual appropriation acts and are therefore considered 

discretionary. 

CBO estimates that enacting this provision would increase contract authority over levels assumed in CBO’s current baseline by 

$840 million over the 2009–2012 period that is specifically covered 

under H.R. 915 and by $380 million annually thereafter. (See the 

section of this estimate entitled ‘‘Direct Spending’’ for a discussion 

of the budgetary treatment of AlP contract authority under the 

budget resolution baseline and for purposes of projecting costs 

under proposed legislation.) 

In total, assuming that obligation limitations of AIP spending, as 

set forth in annual appropriation acts, are equal to the levels of 

contract authority projected under H.R. 915, CBO estimates that 

implementing this provision would increase discretionary spending 

by about $1.3 billion over the 2009–2014 period, with additional 

spending occurring in later years. That amount includes $1.1 billion in spending from additional contract authority under the bill. 

It also includes nearly $200 million in accelerated outlays from contract authority assumed in the current baseline that CBO estimates would spend faster under H.R. 915, largely due to provisions 

that would increase the maximum federal share of certain airport 

projects and expand eligibility criteria for AIP grants. 

Research, Engineering and Development. H.R. 915 would authorize appropriations totaling $213 million in 2009 and almost $900 

million over the 2009–2012 period for aviation-related research activities. Public Law 111–8 has already appropriated $171 million 

for FAA’s research programs for 2009. Assuming appropriation of 

the remaining authorized amounts (about $730 million over the 

2009–2012 period), CBO estimates that resulting outlays would 

total $723 million over the 2009–2014 period, with additional 

spending occurring in later years. That estimate assumes that $42 


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million in additional funding will be provided for 2009 as authorized by the bill. 

Changes to the FAA Personnel Management System. Under the 

FAA’s personnel system, many employees participate in collective 

bargaining units. H.R. 915 would establish a new process for resolving disputes between the FAA and such units and apply that 

process to an ongoing dispute between the agency and certain collective bargaining units, the largest of which involves air traffic 

controllers represented by the National Air Traffic Controllers Association (NATCA). CBO estimates that fully funding those proposed changes would require additional appropriations of $83 million in 2009 and about $1 billion during the four-year period (2009– 

2012) authorized by the bill. 

Background. In 2005, the FAA and NATCA began negotiating an 

extension of the collective bargaining agreement covering air traffic 

controllers that was originally put into effect in 1998 and extended 

for two years, with minor changes, in 2003. In April 2006, negotiations stalled and the FAA declared an impasse. In the absence of 

a negotiated contract and under certain conditions, current law authorizes the agency to implement changes to its personnel management system. Under that authority, the FAA began to implement 

changes toward the end of 2006, related in particular to compensation for air traffic controllers. According to both the FAA and 

NATCA, FAA spending under current law for salaries of air traffic 

controllers—including spending resulting from changes to its personnel policies implemented since 2006—is less than spending 

would have been under the parties’ last mutual agreement. 

Changes under the Bill. Under H.R. 915, any changes in personnel policy implemented by the FAA after July 25, 2005, for collective bargaining units without current contracts would be null 

and void, and the parties would be governed by their last mutual 

agreement. The bill would specify conditions under which employees could receive back pay, subject to the availability of appropriated funds, and would specifically authorize the appropriation of 

$20 million for such payments. Under the bill, if appropriations are 

insufficient to cover all claims for back pay since July 2006, payments would be prorated among eligible employees. H.R. 915 also 

would require the FAA to resume negotiations with NATCA and 

other collective bargaining units that do not have current contracts. 

If agreements arc not reached within 45 days of resuming negotiations, the new dispute resolution process set forth in the bill would 

apply. Through that process, the FAA and affected collective bargaining units would turn first to the Federal Mediation and Conciliation Service and, if necessary, appoint an arbitration board to impose a binding agreement upon all parties. 

Estimated Costs. According to the FAA and NATCA, returning to 

the work and pay rules under previous mutual agreements would 

increase costs, particularly for salaries and benefits of employees 

covered by those agreements. For this estimate, CBO assumes that 

the agreements that would be reinstated upon enactment of H.R. 

915 would remain in effect into early 2010 while the dispute resolution process prescribed by the bill unfolds. Relative to current 

law, CBO expects that reinstating those agreements would increase 

FAA’s spending for compensation and benefits by an average of 12 

percent for more than 9,000 individuals that were employed by the 


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FAA before the end of 2006. We also estimate that FAA’s costs for 

compensating and providing benefits for roughly 5,500 individuals 

hired since 2006, including those hired between the date of enactment of H.R. 915 and the conclusion of the dispute resolution process would increase by about 40 percent. 

Based on information from the FAA and NATCA, CBO estimates 

that implementing this provision would require additional funding 

of about $1 billion over the four-year authorization period (2009– 

2012) covered by H.R. 915. That total includes $20 million specifically authorized to be appropriated for back pay and assumes that 

payments would be prorated, if necessary, as specified in the bill. 

Remaining amounts are primarily for sustaining higher levels of 

spending for compensation and benefits for individuals employed as 

of the date of enactment of H.R. 915 or hired prior to the conclusion of the new dispute resolution process. For purposes of this estimate, we assume that compensation and benefits for those individuals would not change after the process concludes. 

For this estimate, CBO assumes that the dispute resolution process will conclude within about six months of H.R. 915’s enactment. 

Federal costs incurred while that process unfolds would be greater 

if it takes longer. CBO cannot predict the outcome of that process; 

therefore, this estimate does not include potential changes (savings 

or increases) in costs that could result once the arbitration board’s 

decision is imposed. Nor does it include any costs for salaries and 

benefits of individuals hired after the conclusion of the process, or 

changes that could result from future negotiations from the FAA’s 

collective bargaining units as required by H.R. 915. 

Essential Air Service. H.R. 915 would permanently increase, from $77 million to $150 million a year, the amount authorized to 

be appropriated for the Essential Air Service (EAS) program. 

Under that program, which received $73 million for 2009 under 

Public Law 111–8, DOT makes payments to air carriers that provide air service to certain rural communities. CBO estimates that 

fully funding EAS under H.R. 915 would require additional appropriations totaling $438 million over the 2009–2014 period and result in outlays totaling $424 million over the next five years, with 

additional outlays occurring after 2014. 

Increased Funding for Aviation Safety Inspectors. H.R. 915 

would specifically authorize appropriations totaling $418 million 

over the 2010–2012 period for the FAA to hire additional staff to 

inspect various aspects of the aviation system, such as aircraft and 

parts manufacturing, aircraft operation, aircraft safety, and cabin 

safety. Assuming appropriation of the authorized amounts, CBO estimates that spending would total $418 million over the 2010–2014 

period. 

Offsetting Collections from Registration and Certification Fees. 

The FAA administers a regulatory program designed to ensure the 

safety of air travel. The agency oversees and regulates the registration of aircraft, certification of pilots, and other related activities. 

Under current law, the FAA issues most registrations and certificates free of charge or at nominal prices. CBO estimates that fees 

charged by the agency currently total about $1 million annually. 

H.R. 915 would require the FAA to charge specific fees for services related to processing certain registrations and certificates. The 

agency’s authority to collect and spend such fees would be continVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00133 Fmt 6659 Sfmt 6602 E:\HR\OC\HR119P1.XXX HR119P1

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gent on annual appropriation acts. Based on information from the 

agency regarding the annual volume of regulatory actions, CBO estimates that the proposed fees would generate discretionary offsetting collections totaling about $25 million in 2010 and about $120 

million through 2012, the last year of the reauthorization period 

specifically covered by H.R. 915. Because H.R. 915 would authorize 

the FAA to spend such collections, we estimate that implementing 

this provision would have no significant net effect on federal spending. 

Other Provisions. CBO estimates that implementing other provi- sions of H.R. 915 would require appropriations totaling $532 million over the 2009–2014 period. That amount includes: • $128 million for research on technologies to reduce environmental impacts of operating aircraft and aircraft engines; • $105 million for the Small Community Air Service Development Program; • $100 million to continue, through 2012, activities of the 

Joint Planning and Development Office, currently authorized 

at $50 million a year through 2010, which coordinates multiple 

agencies’ activities related to modernizing the nation’s air traffic control system; • $95 million for activities related to redesigning the nation’s air space; • $24 million for data collection and analysis related to aviation; and • $80 million for various studies, reports, and activities to be 

carried out by the FAA, DOT, and other agencies. 

Assuming appropriation of amounts specified and estimated to be 

necessary, CBO estimates that fully funding those activities would 

cost $532 million over the 2009–2014 period. 

Direct spending 

CBO estimates that enacting H.R. 915 would increase net direct spending by $46 million over the 2009–2014 period and $357 million over the 2009–2019 period. Those changes, presented in detail 

in Table 2, would result primarily from provisions that would provide additional contract authority for the AIP, increase direct 

spending of overflight fees, increase spending for retirement benefits for certain FAA employees, and extend the FAA’s authority to 

sell certain insurance. 

Airport Improvement Program Contract Authority. CBO estimates that enacting H.R. 915 would result in $3.5 billion in additional contract authority for the AIP over the 2010–2019 period. 

(Under current law, the FAA has nearly $3.9 billion in contract authority available through 2009.) As previously noted, spending from 

contract authority is controlled by obligation limitations specified 

in annual appropriation acts. Thus, outlays of the AIP are considered discretionary. 

Baseline Treatment of AIP Contract Authority. Pursuant to rules 

that govern the calculation of CBO’s baseline, funding for certain 

expiring programs—such as contract authority for AIP—is assumed 

to continue for budget projection purposes. Consistent with that 

practice, CBO’s baseline assumes that AIP contract authority over 

the 2010–2019 period will remain at the 2009 level of nearly $3.9 

billion per year. 


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TABLE 2.—EFFECTS ON DIRECT SPENDING AND REVENUES UNDER H.R. 915 

By fiscal year. in millions of dollars— 

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2009– 2014 2009– 2019 

CHANGES IN DIRECT SPENDING 

AIP Contract Authority a: 

Estimated Budget Authority ............................................... 0 180 280 380 380 380 380 380 380 380 380 1,600 3,500 Estimated Outlays .............................................................. 0 0 0 0 0 0 0 0 0 0 0 0 0 

Increased Spending of Overflight Fees: 

Estimated Budget Authority ............................................... 0 9 19 14 0 0 0 0 0 0 0 42 42 Estimated Outlays .............................................................. 0 7 17 14 4 0 0 0 0 0 0 42 42 

Changes to FAA Personnel Management System 

Estimated Budget Authority ............................................... 0 8 15 21 27 33 38 43 47 50 53 104 335 Estimated Outlays .............................................................. 0 8 15 21 27 33 38 43 47 50 53 104 335 

Aviation War Risk Insurance 

Estimated Budget Authority ............................................... 0 0 0 0 0 ¥100 ¥110 ¥50 30 90 120 ¥100 ¥20 

Estimated Outlays .............................................................. 0 0 0 0 0 ¥100 ¥110 ¥50 30 90 120 ¥100 ¥20 

Total Changes: 

Estimated Budget Authority ...................................... 0 197 314 415 407 313 308 373 457 520 553 1,646 3,857 Estimated Outlays ..................................................... 0 15 32 35 31 ¥67 ¥72 ¥7 77 140 173 46 357 

CHANGES IN REVENUES 

Passenger Facility Fees ............................................................... * ¥2 ¥6 ¥12 ¥18 ¥25 ¥31 ¥38 ¥44 ¥51 ¥58 ¥63 ¥285 

Overflight Fees ............................................................................. 0 9 19 14 0 0 0 0 0 0 0 42 42 Changes to FAA Personnel Management System ....................... * 2 2 1 1 1 1 1 1 1 1 7 12 

Total Estimated Revenues ............................................. * 9 15 3 ¥17 ¥24 ¥30 ¥37 ¥43 ¥50 ¥57 ¥14 ¥231 

NET IMPACT ON THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES 

Net Increase or Decrease (¥) in the Deficit ............................. * 6 17 32 48 ¥43 ¥42 30 120 190 230 60 588 

a. Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however, outlays from that contract authority are subject to limitations on obligations specified in appropriation acts and are therefore discretionary. Note: AIP = Airport Improvement Program; * = between ¥$500,000 and $500,000. 


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Net Increases to Contract Authority. Under H.R. 915, AIP con- tract authority would total $3.9 billion in 2009 and increase gradually to $4.2 billion in 2012. Consistent with CBO’s methodology for 

projecting contract authority under proposed legislation, we assume 

that contract authority for AIP would continue after 2012 and 

would remain at $4.2 billion annually over the 2013–2019 period. 

In total, CBO estimates that contract authority under H.R. 915 

would exceed levels of contract authority already assumed in the 

CBO baseline by $3.5 billion over the 2009–2019 period. 

Potential Adjustments to AIP Contract Authority. Public Law 

106–181, the Wendell H. Ford Aviation Investment Reform Act for 

the 21st Century Act, enacted in 2000, created a permanent mechanism that provides for an increase to AIP contract authority in any 

year that the amount authorized to be appropriated for air navigation and facilities exceeds the amount provided for such activities 

in an appropriation act. By authorizing appropriations for facilities 

and equipment over the 2009–2012 period, H.R. 915—in conjunction with that provision of current law—would authorize adjustments to AIP contract authority for those years. Any adjustment 

authorized under this legislation, once triggered by annual appropriation acts, would constitute new direct spending authority. All 

spending for AIP—including spending from such adjustments— 

would remain subject to obligation limitations established in appropriation acts. Although H.R. 915 could result in additional AlP contract authority of as much as $10.4 billion over the 2009–2012 period if no appropriations were provided for air navigation facilities 

and equipment, CBO assumes that appropriations will equal the 

amounts authorized by the bill; thus, we project no additional increases to AlP contract authority under H.R. 915. 

Increased Spending of Overflight Fees. Under current law, DOT 

has authority to spend, without further appropriation, revenues 

from overflight fees paid by air carriers to reimburse the FAA for 

the costs of providing navigational support to flights that neither 

take off nor land in the United States. As discussed below, JCT estimates that enacting H.R. 915 would increase revenues from such 

fees starting in 2010. CBO estimates that resulting increases in direct spending would total $42 million over the 2010–2019 period. 

Under the bill, such spending would support activities related to 

enhancing air service to rural communities. 

Changes to FAA Personnel Management System, The legislation 

would change the dispute resolution process for proposed changes 

to the FAA’s personnel management system. The new system 

would address an existing dispute between NATCA and the FAA 

relating to the compensation paid to air traffic controllers. The bill 

would restore the terms of the labor contract between those parties 

in effect in June 2006 until the new dispute resolution process has 

concluded. 

Assuming that the dispute resolution process would take about 

six months, this provision would boost the salaries of air traffic 

controllers by awarding them annual increases for years 2007, 

2008, and 2009 upon enactment. Those increases would raise the 

salary bases used to calculate retirement benefits for all new retirees after 2009. Based on data provided by the FAA on the characteristics (salary, years of service, and applicable retirement system) 

of recent retirees and the agency’s projections of retirements over 


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the next decade, CBO estimates that civil service retirement benefits would increase by $335 million over the 2009–2019 period. This 

provision also would increase, by $12 million over the 2009–2019 

period, employee contributions to the Civil Service Retirement System as discussed below under ‘‘Revenues.’’ 

Aviation War Risk Insurance. Under current law, the FAA offers 

a program for commercial air carriers and aircraft and engine manufacturers that, in exchange for a premium payment, insures policyholders against liabilities arising from losses caused by terrorist 

events. The FAA also offers a nonpremium insurance program to 

air carriers that participate in the Civil Reserve Air Fleet (CRAF). 

The FAA’s authority to operate both of those programs is scheduled 

to expire on December 31, 2013. H.R. 915 would extend that authority through December 2019. CBO estimates that extending the 

CRAF program through that time would have no significant budgetary impact; however, extending the FAA’s authority to offer insurance for commercial air carriers and manufacturers through fiscal year 2019 would reduce net direct spending by $20 million over 

the 2013–2019 period. Over the long run, however, we estimate 

that extending the authority to operate the program would result 

in net costs to the federal government after 2019. 

Program Extension Through 2019. For this estimate, CBO assumes that the FAA would continue to offer commercial aviation 

insurance at rates that would not fully offset the government’s cost 

of providing that coverage. Initial savings under this provision of 

H.R. 915 would result because the FAA would collect premiums in 

full when coverage is sold, while payments for expected losses 

would likely begin slowly and occur over several years. Based on 

information from the FAA about current insurance terms and 

rates, CBO estimates that expected losses for claims would total 

$920 million over the 2014–2019 period and about $1.6 billion in 

later years for a total of roughly $2.5 billion over time. We further 

estimate that increased offsetting receipts from premiums (which 

are credited against direct spending) would total $940 million over 

the 2014–2019 period. Thus, while we estimate that extending the 

commercial insurance program through 2019 would result in net 

cash-flow savings of $20 million over the 2014–2019 period, we also 

estimate the program’s net costs over time would total nearly $1.6 

billion. 

CBO cannot predict how much damage terrorists might cause in 

any specific year. Instead, our estimate of the cost of insurance coverage under H.R. 915 represents an expected value of payments 

from the program—a weighted average that reflects the probability 

of various outcomes, from zero damages up to very large damages 

due to possible future terrorist attacks. The expected value can be 

thought of as the amount of an insurance premium that would be 

necessary to fully offset the risk of providing this insurance. CBO’s 

estimate of the expected cost for H.R. 915 is based on private-sector 

premiums for terrorism insurance that have been adjusted for differences in costs faced by private insurance firms that are not 

borne by the federal government. While this cost estimate reflects 

our best judgment on the basis of available information, costs are 

a function of inherently unpredictable future terrorist attacks. As 

such, actual costs could fall anywhere within an extremely broad 

range. 


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Successor Program. Under H.R. 915, after the Secretary of the 

Treasury’s authority to offer commercial insurance ends on December 31, 2019, air carriers could seek coverage through risk-pooling 

arrangements sponsored by the airline industry and approved by 

the Secretary. The bill would authorize the Secretary to transfer 

net premiums earned over the period from September 22, 2001, 

through December 31, 2019, to a nonfederal risk pool; any such 

transfers would be net of estimates of pending claims. Transferring 

those amounts to a nonfederal entity would be recorded in the 

budget as an increase in direct spending in fiscal year 2020. Based 

on information from the FAA about premiums collected since September 22, 2001, and anticipated levels of premium collections expected under H.R. 915, such increased spending could range from 

zero (if a covered event requires the FAA to use all premiums to 

pay claims) to nearly $3 billion (if the FAA’s program incurs no 

losses through 2019). 

Revenues 

CBO and JCT estimate that enacting H.R. 915 would reduce rev- enues by $14 million over the 2009–2014 period and $231 million 

over the 2009–2019 period. The estimated changes stem from provisions related to passenger facility fees, overflight fees, and 

changes to FAA personnel management. 

Passenger Facility Fees. Under current law, airport agencies may collect, subject to DOT approval, fees of up to $4.50 per passenger 

to fund airport infrastructure programs. (Such fees are collected 

and spent by airport agencies and are not included in the federal 

budget.) H.R. 915 would allow the Secretary of Transportation to 

authorize airport agencies to charge fees of up to $7.00 per passenger. In addition, other provisions of the bill would authorize airports to change passenger facility fees to cover costs of activities 

that are currently not eligible for financing from such fees. In total, 

JCT expects that the proposed changes would increase revenues to 

airports from such passenger facility fees, subsequently lead to increased tax-exempt financing for airport construction and related 

projects, and consequently, reduce federal revenues. JCT estimates 

that federal revenue losses would total $285 million over the 2009– 

2019 period. 

Overflight Fees. H.R. 915 would direct the FAA, through an expedited rulemaking process, to increase fees for certain navigational services provided for flights that neither take off nor land in 

the United States, known as overflight fees. Such fees are generally 

paid by foreign air carriers and are recorded as revenues. Under 

current law, JCT expects the FAA would not increase such fees before 2012. JCT estimates that the agency’s costs to provide support 

for overflights exceeds revenues from fees by about $19 million annually. The expedited rulemaking would generate increased revenues for fiscal years 2010 through 2012. JCT estimates that those 

resulting increases in revenues would total $42 million over the 

2010–2012 period. (As discussed earlier, those increased revenues 

would result in corresponding increases in direct spending for certain activities related to enhancing air service to rural communities.) 

Changes to FAA Personnel Management System. As discussed 

earlier, the changes to the FAA management system, including the 


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dispute resolution process, would result in the agency paying more 

in salaries than it would under current practices. Pay raises required for fiscal years 2007 through 2009 (and, for purposes of this 

estimate, anticipated pay increases for 2010) would result in higher 

salaries subject to the withholding of employee contributions to the 

Civil Service Retirement trust fund. The increase in contributions 

would begin to diminish over time as those workers retire or otherwise leave FAA employment. CBO estimates the additional revenues would total $12 million over the 2009–2019 period. 

Intergovernmental and private-sector impact: H.R. 915 contains 

intergovernmental and private-sector mandates as defined in the 

Unfunded Mandates Reform Act because it would impose new safety standards on both public and private airports. The bill also contains other mandates that only affect public airports or state and 

local governments. CBO estimates that the aggregate cost of complying with the intergovernmental mandates in the bill would exceed the annual threshold established in UMRA ($69 million in 

2009, adjusted annually for inflation). In addition, the bill contains 

several mandates that only affect entities in the private sector. 

Based on information from the FAA and industry sources, CBO estimates that the aggregate cost of complying with the private-sector 

mandates in the bill also would exceed the annual threshold established in UMRA ($139 million in 2009, adjusted annually for inflation). 

Mandate that applies to both public and private entities 

Aircraft Rescue and Firefighting Standards. The bill would require the Administrator of the FAA to set new rescue and firefighting standards for airports. The new safety standards would address staffing levels, timeliness of a rescue response, vehicle deployment, and equipment modernization. To the extent practical, 

the standards would have to be consistent with national voluntary 

standards for airport rescue and firefighting. According to the FAA 

and airport officials, few airports currently meet those standards. 

Also, according to airport fire chiefs and managers, such standards 

would require more staff, additional equipment, and in many cases, 

new facilities. New facilities would be particularly expensive, with 

estimates ranging from $1 million for satellite facilities to $10 million for new stations. In addition, many smaller airports that rely 

on local fire departments would need to hire new staff, which 

would result in higher personnel costs. Nearly 550 publicly owned 

airports would be subject to the regulations. 

Given the potential scope of the safety standards and the large 

number of affected entities, CBO estimates that the new standards 

would result in additional costs to publicly owned airports that 

would likely exceed in at least one year the annual threshold established in UMRA for intergovernmental mandates ($69 million in 

2009, adjusted annually for inflation). According to the FAA, only 

a small number of private airports would be subject to the new regulations. CBO, therefore, estimates that costs to private airports 

would be small relative to the annual threshold established in 

UMRA for private-sector mandates. 


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Mandates that apply to public entities only 

Additional Application Requirements for PFC Charges. The bill 

would require any airport that levies passenger facility charges 

(PFC) to comply with new contracting requirements. Specifically, 

airports that finance airside projects (mostly runways and 

taxiways) with PFCs would have to select three contractors and negotiate contracts and subcontracts with them, beginning with the 

one deemed most qualified. The mandate would result in some additional administrative costs. It also could result in additional contract costs in some cases, and savings in others, depending on the 

outcome of negotiations. In total, CBO estimates that the net costs 

of the requirement would be small. 

Access to Criminal History Records. The bill would give the FAA 

the right to access criminal justice data maintained by the states. 

Those provisions constitute intergovernmental mandates as defined 

in UMRA because state and local governments would be required 

to comply with requests for information from the FAA. Although 

we cannot predict the extent to which the FAA would request such 

access or make inquiries of state or local police officers, CBO estimates that the additional costs to state, local, and tribal governments of complying with these requests would be small. 

Contingency Plans. The bill would require certain airport operators to submit contingency plans to DOT for emergency circumstances that ground aircraft. CBO estimates that the costs of 

complying with this mandate would be minimal. 

Other Impacts. The bill would benefit public airport authorities 

by authorizing an increase in the passenger facility charges that 

airports may use to fund FAA-approved projects. In addition, state 

and local governments would benefit from grants for planning, development, noise mitigation, and other initiatives at airports. Any 

costs they might incur would result from complying with conditions 

of federal assistance. 

Mandates that apply to private entities only 

Limits on the Level of Aircraft Noise. H.R. 915 would prohibit, 

with certain exemptions, the operation of civil aircraft weighing 

75,000 pounds or less in the 48 contiguous states if the aircraft 

does not comply with stage-3 noise levels. The FAA classifies aircraft into three stages based on measurements of noise level: stage 

1, stage 2, and stage 3—in order from loudest to the least noisy. 

The prohibition would take effect after December 31, 2013. According to industry sources, compliance could require engine modifications on some existing aircraft, or decommissioning of aircraft that 

cannot be adequately modified. Those sources estimate that the 

total cost of bringing existing aircraft into compliance could range 

from $300 million to more than $1 billion, depending on the technology used. CBO expects that the direct cost to comply with the 

mandate would be largest in 2013, the year before the prohibition 

would take effect. 

Sunset of Antitrust Exemptions. Under this bill, any exemption 

from antitrust laws previously granted to U.S. air carriers in connection with an international aviation alliance would expire after 

three years unless renewed by the Secretary. Before the exemptions expire, the bill would require the Secretary to consider recommendations from the Government Accountability Office and 


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adopt policy changes, if necessary, with respect to granting antitrust exemptions for such international alliances. To continue those 

alliances, air carriers would have to renew their antitrust exemptions subject to any new rules or policies adopted by the Secretary. 

Several U.S. air carriers arc members of existing alliances, and at 

least one application for an antitrust exemption is pending with 

DOT. It is uncertain what changes in policy, if any, would be made 

to the standards for granting such exemptions. Consequently, the 

extent to which air carriers would have to change business practices or forgo business opportunities is uncertain, and CBO has no 

basis for estimating the cost of complying with the mandate. 

FAA Registration, Certification, and Related Fees. Section 122 

would require the FAA to establish a new schedule of fees for certain services and activities of the agency. This requirement would 

impose a new mandate on entities that are required to register 

with the FAA or required to obtain specific certifications, such as 

aircraft owners and pilots. According to the FAA, the new schedule 

of fees would begin in the middle of fiscal year 2010. Based on the 

number of entities required to register with the FAA or obtain certification, C130 expects that the incremental cost of the new fees 

for those private-sector entities would total about $25 million in 

2010 and $50 million or more per year thereafter. 

Air Carriers: Airline Employee and Service Requirements. The 

bill would impose several new requirements on air carriers related 

to airline employees and passenger service. Based on information 

from industry sources, CBO expects that none of those mandates 

would impose significant additional costs on air carriers relative to 

UMRA’s threshold. 

Mandates related to airline employees would require air carriers 

to: 

• Only hire certified maintenance workers for commercial 

aircraft; 

• Not hire or contract with former safety inspectors previously employed by the FAA to represent them before the 

FAA if the inspectors’ duties in the previous two years involved 

oversight or inspection of the specific air carrier offering the 

positions; and 

• Provide training for flight attendants and gate attendants 

that addresses serving alcohol, dealing with disruptive passengers, and recognizing intoxicated persons. 

Mandates related to airline passenger service would require air 

carriers to: 

• Prohibit passengers on aircraft from using cell phones or 

other services known as voice over Internet protocol during a 

domestic commercial flight; 

• Disclose to customers information on consumer complaints 

and information on countries that require air carriers to treat 

airplanes with insecticides; and 

• Develop and submit reports related to certain emergency 

contingencies and diverted or cancelled flights. 

Estimate prepared by: Federal Costs: FAA spending—Megan 

Carroll, Retirement Benefits—Amber Marcellino, Revenues— 

Grant Driessen; Impact on State, Local, and Tribal Governments: 

Ryan Miller; Impact on the Private Sector: Jacob Kuipers. 


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Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis, and Frank J. Sammartino, Acting Assistant 

Director for Tax Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 915, the Committee is required to include a 

list of congressional earmarks, limited tax benefits, or limited tariff 

benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI of the 

Rules of the House of Representatives. It is not clear if the definition of ‘‘congressional earmark’’ under clause 9(d) of rule XXI applies to section 810 or section 815 of H.R. 915. However, in the interest of full disclosure and transparency, the Committee has required Members of Congress to comply with all requirements of 

clause 9(d), 9(e) of rule XXI. 

Section 810, which was requested by Representative Steven C. 

LaTourette, allows the Lake County, Ohio, to purchase the Lost 

Nation Airport from the City of Willoughby, Ohio. The provision 

authorizes the Secretary to make an AIP grant to assist in this 

purchase. Section 815, which was requested by Representative Don 

Young, allows the release of certain restrictions for specific airport 

land, without monetary consideration, to the town of Anchorage, 

Alaska, for construction or reconstruction of a federally subsidized 

highway project. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the ‘‘Unfunded Mandates Reform Act’’ 

(P.L. 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 915 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

This legislation establishes an advisory committee as defined by 

section 3 of the Federal Advisory Committee Act: the Advisory 

Committee for Aviation Consumer Protection. The Committee finds 

pursuant to section 5 of the Federal Advisory Committee Act that 


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none of the functions of the proposed advisory committee are being 

or could be performed by one or more agencies or by an advisory 

committee already in existence, or by enlarging the mandate of an 

existing advisory committee. The Committee also determines that 

the Advisory Committee for Aviation Consumer Protection has a 

clearly defined purpose, fairly balanced membership, and meets all 

of the other requirements of section 5(b) of the Federal Advisory 

Committee Act. 

APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—DEPARTMENT OF 

TRANSPORTATION 

* * * * * * * 

CHAPTER 1—ORGANIZATION 

* * * * * * * 

§ 106. Federal Aviation Administration 

(a) * * * 

* * * * * * * 

(k) AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.— (1) SALARIES, OPERATIONS, AND MAINTENANCE.—There is authorized to be appropriated to the Secretary of Transportation 

for salaries, operations, and maintenance of the Administration— 

ø(A) $7,591,000,000 for fiscal year 2004; 

ø(B) $7,732,000,000 for fiscal year 2005; 

ø(C) $7,889,000,000 for fiscal year 2006; 

ø(D) $8,064,000,000 for fiscal year 2007; and 

ø(E) $4,516,364,500 for the 6-month period beginning on 

October 1, 2008.¿ 

(A) $8,998,462,000 for fiscal year 2009; 

(B) $9,531,272,000 for fiscal year 2010; 

(C) $9,936,259,000 for fiscal year 2011; and 

(D) $10,350,155,000 for fiscal year 2012. 

* * * * * * * 


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(2) AUTHORIZED EXPENDITURES.—Out of amounts appropriated under paragraph (1), the following expenditures are 

authorized: 

ø(A) Such sums as may be necessary for fiscal years 

2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight 

industry. 

ø(B) Such sums as may be necessary for fiscal years 

2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical 

service for trauma patients. 

ø(C) Such sums as may be necessary for fiscal years 

2004 through 2007 to revise existing terminal and en route 

procedures and instrument flight rules to facilitate the 

takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft. 

ø(D) Such sums as may be necessary for fiscal years 

2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate 

training courses and to support associated student travel 

for both residential and field courses.¿ 

(A) Such sums as may be necessary for fiscal years 2009 

through 2012 to support development and maintenance of 

helicopter approach procedures, including certification and 

recertification of instrument flight rule, global positioning 

system, and point-in-space approaches to heliports necessary to support all weather, emergency services. 

ø(E)¿ (B) Such sums as may be necessary for fiscal years 

ø2004 through 2007¿ 2009 through 2012 to carry out and 

expand the Air Traffic Control Collegiate Training Initiative. 

ø(F)¿ (C) Such sums as may be necessary for fiscal years 

ø2004 through 2007¿ 2009 through 2012 for the completion of the Alaska aviation safety project with respect to 

the 3 dimensional mapping of Alaska’s main aviation corridors. 

ø(G)¿ (D) Such sums as may be necessary for fiscal years 

ø2004 through 2007¿ 2009 through 2012 to carry out the 

Aviation Safety Reporting System. 

* * * * * * * 

(m) COOPERATION BY ADMINISTRATOR.—With the consent of appropriate officials, the Administrator may, with or without reimbursement, use or accept the services, equipment, personnel, and 

facilities of any other Federal agency (as such term is defined in 

section 551(1) of title 5) and any other public or private entity. The 

Administrator may also cooperate with appropriate officials of 

other public and private agencies and instrumentalities concerning 

the use of services, equipment, personnel, and facilities. The head 

of each Federal agency shall cooperate with the Administrator in 

making the services, equipment, personnel, and facilities of the 

Federal agency available to the Administrator. The head of a Federal agency is authorized, notwithstanding any other provision of 

law, to transfer to or to receive from the Administration, with or 


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without reimbursement, supplies, personnel, services, and equipment other than administrative supplies or equipment. 

* * * * * * * 

(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.— 

(1) ESTABLISHMENT.—There is established in the Federal 

Aviation Administration (in this section referred to as the 

‘‘Agency’’) an Aviation Safety Whistleblower Investigation Office 

(in this subsection referred to as the ‘‘Office’’). 

(2) DIRECTOR.— 

(A) APPOINTMENT.—The head of the Office shall be the 

Director, who shall be appointed by the Secretary of Transportation. 

(B) QUALIFICATIONS.—The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation. 

(C) TERM.—The Director shall be appointed for a term of 

5 years. 

(D) VACANCY.—Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual’s predecessor 

was appointed shall be appointed for the remainder of that 

term. 

(3) COMPLAINTS AND INVESTIGATIONS.— 

(A) AUTHORITY OF DIRECTOR.—The Director shall— 

(i) receive complaints and information submitted by 

employees of persons holding certificates issued under 

title 14, Code of Federal Regulations, and employees of 

the Agency concerning the possible existence of an activity relating to a violation of an order, regulation, or 

standard of the Agency or any other provision of Federal law relating to aviation safety; 

(ii) assess complaints and information submitted 

under clause (i) and determine whether a substantial 

likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision 

of Federal law relating to aviation safety may have occurred; and 

(iii) based on findings of the assessment conducted 

under clause (ii), make recommendations to the Administrator in writing for further investigation or corrective actions. 

(B) DISCLOSURE OF IDENTITIES.—The Director shall not 

disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless— 

(i) the individual consents to the disclosure in writing; or 

(ii) the Director determines, in the course of an investigation, that the disclosure is unavoidable. 

(C) INDEPENDENCE OF DIRECTOR.—The Secretary, the Administrator, or any officer or employee of the Agency may 

not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or 

information submitted subparagraph (A)(i) or from reporting to Congress on any such assessment. 


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(D) ACCESS TO INFORMATION.—In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all 

records, reports, audits, reviews, documents, papers, recommendations, and other material necessary to determine 

whether a substantial likelihood exists that a violation of 

an order, regulation, or standard of the Agency or any 

other provision of Federal law relating to aviation safety 

may have occurred. 

(4) RESPONSES TO RECOMMENDATIONS.—The Administrator 

shall respond to a recommendation made by the Director under 

subparagraph (A)(iii) in writing and retain records related to 

any further investigations or corrective actions taken in response to the recommendation. 

(5) INCIDENT REPORTS.—If the Director determines there is a 

substantial likelihood that a violation of an order, regulation, 

or standard of the Agency or any other provision of Federal law 

relating to aviation safety may have occurred that requires immediate corrective action, the Director shall report the potential 

violation expeditiously to the Administrator and the Inspector 

General of the Department of Transportation. 

(6) REPORTING OF CRIMINAL VIOLATIONS TO INSPECTOR GEN- ERAL.—If the Director has reasonable grounds to believe that 

there has been a violation of Federal criminal law, the Director 

shall report the violation expeditiously to the Inspector General. 

(7) ANNUAL REPORTS TO CONGRESS.—Not later than October 

1 of each year, the Director shall submit to Congress a report 

containing— 

(A) information on the number of submissions of complaints and information received by the Director under 

paragraph (3)(A)(i) in the preceding 12-month period; 

(B) summaries of those submissions; 

(C) summaries of further investigations and corrective actions recommended in response to the submissions; and 

(D) summaries of the responses of the Administrator to 

such recommendations. 

* * * * * * * 

SUBTITLE II—OTHER GOVERNMENT AGENCIES 

* * * * * * * 

CHAPTER 11—NATIONAL TRANSPORTATION SAFETY 

BOARD 

* * * * * * * 

SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE 

* * * * * * * 

§ 1113. Administrative 

(a) * * * 

* * * * * * * 

(i) ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE.— 


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(1) AUTHORITY TO PROVIDE INSURANCE.—The Board may procure accidental death and dismemberment insurance for an employee of the Board who travels for an accident investigation or 

other activity of the Board outside the United States or inside 

the United States under hazardous circumstances, as defined 

by the Board. 

(2) CREDITING OF INSURANCE BENEFITS TO OFFSET UNITED

STATES TORT LIABILITY.—Any amounts paid to a person under 

insurance coverage procured under this subsection shall be 

credited as offsetting any liability of the United States to pay 

damages to that person under section 1346(b) of title 28, chapter 171 of title 28, chapter 163 of title 10, or any other provision 

of law authorizing recovery based upon tort liability of the 

United States in connection with the injury or death resulting 

in the insurance payment. 

(3) TREATMENT OF INSURANCE BENEFITS.—Any amounts paid 

under insurance coverage procured under this subsection shall 

not— 

(A) be considered additional pay or allowances for purposes of section 5536 of title 5; or 

(B) offset any benefits an employee may have as a result 

of government service, including compensation under chapter 81 of title 5. 

(4) ENTITLEMENT TO OTHER INSURANCE.—Nothing in this 

subsection shall be construed as affecting the entitlement of an 

employee to insurance under section 8704(b) of title 5. 

* * * * * * * 

SUBCHAPTER IV—ENFORCEMENT AND PENALTIES 

* * * * * * * 

§ 1153. Judicial review 

(a) * * * 

* * * * * * * 

(c) ADMINISTRATOR SEEKING JUDICIAL REVIEW OF AVIATION MATTERS.—When the Administrator of the Federal Aviation Administration decides that an order of the Board under øsection 44709 or¿ 

section 44703(d), 44709, or 46301(d)(5) of this title will have a significant adverse impact on carrying out this chapter related to an 

aviation matter, the Administrator may obtain judicial review of 

the order under section 46110 of this title. The Administrator shall 

be made a party to the judicial review proceedings. Findings of fact 

of the Board are conclusive if supported by substantial evidence. 

* * * * * * * 

SUBTITLE VII—AVIATION PROGRAMS 

* * * * * * * 

PART A—AIR COMMERCE AND SAFETY 

* * * * * * * 


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SUBPART I—GENERAL 

* * * * * * * 

CHAPTER 401—GENERAL PROVISIONS 

Sec. 

40101. Policy. 

* * * * * * * 

40130. FAA access to criminal history records or databases systems. 

* * * * * * * 

§ 40102. Definitions 

(a) GENERAL DEFINITIONS.—In this part— 

(1) * * * 

* * * * * * * 

(4) ‘‘air navigation facility’’ means a facility used, available 

for use, or designed for use, in aid of air navigation, including— 

(A) * * * 

ø(B) a light; 

ø(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or 

other electromagnetic communication; and¿ 

(B) runway lighting and airport surface visual and other 

navigation aids; 

(C) aeronautical and meteorological information to air 

traffic control facilities or aircraft; 

(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; 

ø(D) another structure¿ (E) any structure, equipment, or 

mechanism for guiding or controlling flight in the air or 

the landing and takeoff of aircraftø.¿; and 

(F) buildings, equipment, and systems dedicated to the 

national airspace system. 

* * * * * * * 

(15) ‘‘citizen of the United States’’ means— 

(A) * * * 

* * * * * * * 

For purposes of subparagraph (C), an air carrier shall not be 

deemed to be under the actual control of citizens of the United 

States unless citizens of the United States control all matters 

pertaining to the business and structure of the air carrier, including operational matters such as marketing, branding, fleet 

composition, route selection, pricing, and labor relations. 

* * * * * * * 

§ 40110. General procurement authority 

(a) GENERAL.—In carrying out this part, the Administrator of the 

Federal Aviation Administration— 

(1) * * * 

(2) may dispose of an interest in property for adequate øcompensation¿ compensation, and the amount received shall be 


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credited as an offsetting collection to the account from which 

the amount was expended and shall remain available until expended; and 

* * * * * * * 

(c) DUTIES AND POWERS.—When carrying out subsection (a) of 

this section, the Administrator of the Federal Aviation Administration may— 

(1) * * * 

* * * * * * * 

(3) construct, or acquire an interest in, a public building (as 

defined in section 3301(a) of title 40) only under a delegation 

of authority from the Administrator of General Servicesø;¿; 

and 

ø(4) use procedures other than competitive procedures only 

when the property or services needed by the Administrator of 

the Federal Aviation Administration are available from only 

one responsible source or only from a limited number of responsible sources and no other type of property or services will 

satisfy the needs of the Administrator; and¿ 

ø(5)¿ (4) dispose of property under subsection (a)(2) of this 

section, except for airport and airway property and technical 

equipment used for the special purposes of the Administration, 

only under sections 121, 123, and 126 and chapter 5 of title 40. 

* * * * * * * 

§ 40113. Administrative 

(a) * * * 

* * * * * * * 

(e) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.— (1) SAFETY-RELATED TRAINING AND OPERATIONAL SERVICES.— 

The Administrator may provide safety-related training and 

operational services to public and private foreign aviation authorities with or without reimbursement, if the Administrator 

determines that providing such services promotes aviation 

safetyø.¿ or efficiency. The Administrator may participate in, 

and submit offers in response to, competitions to provide such 

services and may contract with foreign aviation authorities to 

provide such services consistent with section 106(l)(6). Notwithstanding any other provision of law or policy, the Administrator 

may accept payments received under this subsection in arrears. 

To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers. 

* * * * * * * 

(3) CREDITING APPROPRIATIONS.—Funds received by the Administrator pursuant to this section shall be øcredited to the 

appropriation from which the expenses were incurred in providing such services.¿ credited as an offsetting collection to the 

account from which the expenses were incurred in providing 

such services and shall remain available until expended. 

* * * * * * * 


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§ 40117. Passenger facility øfees¿ charges 

(a) DEFINITIONS.—In this section, the following definitions apply: 

(1) * * * 

* * * * * * * 

(3) ELIGIBLE AIRPORT-RELATED PROJECT.—The term ‘‘eligible 

airport-related project’’ means any of the following projects: 

(A) * * * 

(B) A project for terminal development described in øsection 47110(d)¿ section 47119(a). 

* * * * * * * 

(H) A project to construct secure bicycle storage facilities 

that are to be used by passengers at the airport and that 

are in compliance with applicable security standards. 

* * * * * * * 

ø(5) PASSENGER FACILITY FEE.—The term ‘‘passenger facility 

charge’’ means a charge imposed under this section.¿ 

(5) PASSENGER FACILITY CHARGE.—The term ‘‘passenger facility charge’’ means a charge or fee imposed under this section. 

(6) PASSENGER FACILITY REVENUE.—The term ‘‘passenger facility revenue’’ means revenue derived from a passenger facility øfee¿ charge. (b) GENERAL AUTHORITY.—(1) The Secretary of Transportation 

may authorize under this section an eligible agency to impose a 

passenger facility øfee¿ charge of $1, $2, or $3 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft 

at an airport the agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project, to be carried out in 

connection with the airport or any other airport the agency controls. 

(2) A State, political subdivision of a State, or authority of a 

State or political subdivision that is not the eligible agency may not 

regulate or prohibit the imposition or collection of a passenger facility øfee¿ charge or the use of the passenger facility revenue. 

(3) A passenger facility øfee¿ charge may be imposed on a passenger of an air carrier or foreign air carrier originating or connecting at the commercial service airport that the agency controls. 

(4) In lieu of authorizing a øfee¿ charge under paragraph (1), the 

Secretary may authorize under this section an eligible agency to 

impose a passenger facility øfee¿ charge of ø$4.00 or $4.50¿ $4.00, 

$4.50, $5.00, $6.00, or $7.00 on each paying passenger of an air 

carrier or foreign air carrier boarding an aircraft at an airport the 

agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to 

carry out the project, if the Secretary finds— 

(A) * * * 

* * * * * * * 

(5) MAXIMUM COST FOR CERTAIN LOW-EMISSION TECHNOLOGY

PROJECTS.—The maximum cost that may be financed by imposition 

of a passenger facility øfee¿ charge under this section for a project 

described in subsection (a)(3)(G) with respect to a vehicle or ground 

support equipment may not exceed the incremental amount of the 

project cost that is greater than the cost of acquiring a vehicle or 


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equipment that is not low-emission and would be used for the same 

purpose, or the cost of low-emission retrofitting, as determined by 

the Secretary. 

(6) DEBT SERVICE FOR CERTAIN PROJECTS.—In addition to the 

uses specified in paragraphs (1) and (4), the Secretary may authorize a passenger facility øfee¿ charge imposed under paragraph (1) 

or (4) to be used for making payments for debt service on indebtedness incurred to carry out at the airport a project that is not an 

eligible airport-related project if the Secretary determines that 

such use is necessary due to the financial need of the airport. 

(7) NOISE MITIGATION FOR CERTAIN SCHOOLS.— (A) IN GENERAL.—In addition to the uses specified in paragraphs (1), (4), and (6), the Secretary may authorize a passenger facility øfee¿ charge imposed under paragraph (1) or (4) 

at a large hub airport that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980, 

by the Superior Court of the State of California for the county 

of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable 

building with a permanent building, in the noise impacted area 

surrounding the airport at which such building is used primarily for educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment 

and final order, if— 

(i) * * * 

* * * * * * * 

(v) the project otherwise meets the requirements of this 

section for authorization of a passenger facility øfee¿ 

charge. 

* * * * * * * 

(c) APPLICATIONS.—(1) An eligible agency must submit to the Secretary an application for authority to impose a passenger facility 

øfee¿ charge. The application shall contain information and be in 

the form that the Secretary may require by regulation. 

(2) Before submitting an application, the eligible agency must 

provide reasonable notice to, and an opportunity for consultation 

with, air carriers and foreign air carriers operating at the airport. 

The Secretary shall prescribe regulations that define reasonable 

notice and contain at least the following requirements: 

(A) The agency must provide written notice of individual 

projects being considered for financing by a passenger facility 

øfee¿ charge and the date and location of a meeting to present 

the projects to air carriers and foreign air carriers operating at 

the airport. 

* * * * * * * 

(3) Before submitting an application, the eligible agency must 

provide reasonable notice and an opportunity for public comment. 

The Secretary shall prescribe regulations that define reasonable 

notice and provide for at least the following under this paragraph: 

(A) A requirement that the eligible agency provide public notice of intent to collect a passenger facility øfee¿ charge so as 

to inform those interested persons and agencies that may be 

affected. The public notice may include— 


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(i) * * * 

* * * * * * * 

(d) LIMITATIONS ON APPROVING APPLICATIONS.—The Secretary 

may approve an application that an eligible agency has submitted 

under subsection (c) of this section to finance a specific project only 

if the Secretary finds, based on the application, that— 

(1) the amount and duration of the proposed passenger facility øfee¿ charge will result in revenue (including interest and 

other returns on the revenue) that is not more than the 

amount necessary to finance the specific project; 

* * * * * * * 

(3) the application includes adequate justification for each of 

the specific projects; øand¿ 

(4) in the case of an application to impose a øfee¿ charge of 

more than $3.00 for an eligible surface transportation or terminal project, the agency has made adequate provision for financing the airside needs of the airport, including runways, 

taxiways, aprons, and aircraft gatesø.¿; and 

(5) in the case of an application to finance a project to meet 

the airside needs of the airport, the application includes written 

assurances, satisfactory to the Secretary, that each contract and 

subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, 

mapping, and related services will be awarded in the same way 

that a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement prescribed for or by the eligible agency. 

(e) LIMITATIONS ON IMPOSING øFEES¿ CHARGES.—(1) An eligible 

agency may impose a passenger facility øfee¿ charge only— 

(A) * * * 

* * * * * * * 

(2) A passenger facility øfee¿ charge may not be collected from 

a passenger— 

(A) * * * 

* * * * * * * 

(f) LIMITATIONS ON CONTRACTS, LEASES, AND USE AGREEMENTS.— 

(1) A contract between an air carrier or foreign air carrier and an 

eligible agency made at any time may not impair the authority of 

the agency to impose a passenger facility øfee¿ charge or to use the 

passenger facility revenue as provided in this section. 

(2) A project financed with a passenger facility øfee¿ charge may 

not be subject to an exclusive long-term lease or use agreement of 

an air carrier or foreign air carrier, as defined by regulations of the 

Secretary. 

(3) A lease or use agreement of an air carrier or foreign air carrier related to a project whose construction or expansion was financed with a passenger facility øfee¿ charge may not restrict the 

eligible agency from financing, developing, or assigning new capacity at the airport with passenger facility revenue. 

(g) TREATMENT OF REVENUE.—(1) * * * 

* * * * * * * 


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(4) Passenger facility revenues that are held by an air carrier or 

an agent of the carrier after collection of a passenger facility øfee¿ 

charge constitute a trust fund that is held by the air carrier or 

agent for the beneficial interest of the eligible agency imposing the 

øfee¿ charge. Such carrier or agent holds neither legal nor equitable interest in the passenger facility revenues except for any handling fee or retention of interest collected on unremitted proceeds 

as may be allowed by the Secretary. 

(h) COMPLIANCE.—(1) As necessary to ensure compliance with 

this section, the Secretary shall prescribe regulations requiring recordkeeping and auditing of accounts maintained by an air carrier 

or foreign air carrier and its agent collecting a passenger facility 

øfee¿ charge and by the eligible agency imposing the øfee¿ charge. (2) The Secretary periodically shall audit and review the use by 

an eligible agency of passenger facility revenue. After review and 

a public hearing, the Secretary may end any part of the authority 

of the agency to impose a passenger facility øfee¿ charge to the extent the Secretary decides that the revenue is not being used as 

provided in this section. 

(3) The Secretary may set off amounts necessary to ensure compliance with this section against amounts otherwise payable to an 

eligible agency under subchapter I of chapter 471 of this title if the 

Secretary decides a passenger facility øfee¿ charge is excessive or 

that passenger facility revenue is not being used as provided in 

this section. 

(i) REGULATIONS.—The Secretary shall prescribe regulations necessary to carry out this section. The regulations— 

(1) may prescribe the time and form by which a passenger 

facility øfee¿ charge takes effect; 

(2) shall— 

(A) require an air carrier or foreign air carrier and its 

agent to collect a passenger facility øfee¿ charge that an 

eligible agency imposes under this section; 

* * * * * * * 

(C) ensure that the money, less a uniform amount the 

Secretary determines reflects the average necessary and 

reasonable expenses (net of interest accruing to the carrier 

and agent after collection and before remittance) incurred 

in collecting and handling the øfee¿ charge, is paid 

promptly to the eligible agency for which they are collected; and 

* * * * * * * 

(3) may permit an eligible agency to request that collection 

of a passenger facility øfee¿ charge be waived for— 

(A) passengers enplaned by any class of air carrier or 

foreign air carrier if the number of passengers enplaned by 

the carriers in the class constitutes not more than one percent of the total number of passengers enplaned annually 

at the airport at which the øfee¿ charge is imposed; or 

* * * * * * * 

(j) LIMITATION ON CERTAIN ACTIONS.—A State, political subdivision of a State, or authority of a State or political subdivision that 

is not the eligible agency may not tax, regulate, or prohibit or othVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00153 Fmt 6659 Sfmt 6601 E:\HR\OC\HR119P1.XXX HR119P1

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erwise attempt to control in any manner, the imposition or collection of a passenger facility øfee¿ charge or the use of the revenue 

from the passenger facility øfee¿ charge. (k) COMPETITION PLANS.— (1) IN GENERAL.—Beginning in fiscal year 2001, no eligible 

agency may impose a passenger facility øfee¿ charge under this 

section with respect to a covered airport (as such term is defined in section 47106(f)) unless the agency has submitted to 

the Secretary a written competition plan in accordance with 

such section. This subsection does not apply to passenger facility øfees¿ charges in effect before the date of the enactment of 

this subsection. 

* * * * * * * 

(l) PILOT PROGRAM FOR PASSENGER FACILITY øFEE¿ CHARGE AUTHORIZATIONS AT NONHUB AIRPORTS.— 

(1) IN GENERAL.—The Secretary shall establish a pilot program to test alternative procedures for authorizing eligible 

agencies for nonhub airports to impose passenger facility 

øfees¿ charges. An eligible agency may impose in accordance 

with the provisions of this subsection a passenger facility øfee¿ 

charge under this section. For purposes of the pilot program, 

the procedures in this subsection shall apply instead of the 

procedures otherwise provided in this section. 

* * * * * * * 

(3) NOTICE OF INTENTION.—The eligible agency must submit 

to the Secretary a notice of intention to impose a passenger facility øfee¿ charge under this subsection. The notice shall include— 

(A) information that the Secretary may require by regulation on each project for which authority to impose a passenger facility øfee¿ charge is sought; 

(B) the amount of revenue from passenger facility øfees¿ 

charges that is proposed to be collected for each project; 

and 

(C) the level of the passenger facility øfee¿ charge that 

is proposed. 

(4) ACKNOWLEDGEMENT OF RECEIPT AND INDICATION OF OB- JECTION.—The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger 

facility øfee¿ charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible 

agency’s notice. 

(5) AUTHORITY TO IMPOSE øFEE¿ CHARGE.—Unless the Secretary objects within 30 days after receipt of the eligible agency’s notice, the eligible agency is authorized to impose a passenger facility øfee¿ charge in accordance with the terms of its 

notice under this subsection. 

* * * * * * * 

ø(7) SUNSET.—This subsection shall cease to be effective beginning on April 1, 2009.¿ 

ø(8)¿ (7) ACKNOWLEDGEMENT NOT AN ORDER.—An acknowledgement issued under paragraph (4) shall not be considered 

an order issued by the Secretary for purposes of section 46110. 


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(m) FINANCIAL MANAGEMENT OF øFEES¿ CHARGES.— 

(1) HANDLING OF øFEES¿ CHARGES.—A covered air carrier 

shall segregate in a separate account passenger facility revenue equal to the average monthly liability for øfees¿ charges 

collected under this section by such carrier or any of its agents 

for the benefit of the eligible agencies entitled to such revenue. 

* * * * * * * 

(5) INTEREST ON AMOUNTS.—A covered air carrier that collects passenger facility øfees¿ charges is entitled to receive the 

interest on passenger facility øfee¿ charge accounts if the accounts are established and maintained in compliance with this 

subsection. 

(6) EXISTING REGULATIONS.—The provisions of section 158.49 

of title 14, Code of Federal Regulations, that permit the commingling of passenger facility øfees¿ charges with other air 

carrier revenue shall not apply to a covered air carrier. 

* * * * * * * 

(n) PILOT PROGRAM FOR PFC ELIGIBILITY FOR INTERMODAL

GROUND ACCESS PROJECTS.— 

(1) PFC ELIGIBILITY.—Subject to the requirements of this subsection, the Secretary shall establish a pilot program under 

which the Secretary may authorize, at no more than 5 airports, 

a passenger facility charge imposed under subsection (b)(1) or 

(b)(4) to be used to finance the eligible cost of an intermodal 

ground access project. 

(2) INTERMODAL GROUND ACCESS PROJECT DEFINED.—In this 

section, the term ‘‘intermodal ground access project’’ means a 

project for constructing a local facility owned or operated by an 

eligible agency that is directly and substantially related to the 

movement of passengers or property traveling in air transportation. 

(3) ELIGIBLE COSTS.— 

(A) IN GENERAL.—For purposes of paragraph (1), the eligible cost of an intermodal ground access project shall be 

the total cost of the project multiplied by the ratio that— 

(i) the number of individuals projected to use the 

project to gain access to or depart from the airport; 

bears to 

(ii) the total number of the individuals projected to 

use the facility. 

(B) DETERMINATIONS REGARDING PROJECTED PROJECT

USE.— 

(i) IN GENERAL.—Except as provided by clause (ii), 

the Secretary shall determine the projected use of a 

project for purposes of subparagraph (A) at the time 

the project is approved under this subsection. 

(ii) PUBLIC TRANSPORTATION PROJECTS.—In the case 

of a project approved under this section to be financed 

in part using funds administered by the Federal Transit Administration, the Secretary shall use the travel 

forecasting model for the project at the time such 

project is approved by the Federal Transit Administration to enter preliminary engineering to determine the 


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projected use of the project for purposes of subparagraph (A). 

* * * * * * * 

§ 40119. Security and research and development activities 

(a) * * * 

(b) DISCLOSURE.—(1) * * * 

* * * * * * * 

(3) LIMITATION ON APPLICABILITY OF FREEDOM OF INFORMATION

ACT.—Section 552a of title 5, United States Code, shall not apply 

to disclosures that the Administrator of the Federal Aviation Administration may make from the systems of records of the Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the 

official receiving the information in the performance of official duties. 

* * * * * * * 

§ 40122. Federal Aviation Administration personnel management system 

(a) IN GENERAL.— (1) * * * 

ø(2) MEDIATION.—If the Administrator does not reach an 

agreement under paragraph (1) with the exclusive bargaining 

representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement. If the services of the Federal Mediation and Conciliation 

Service do not lead to an agreement, the Administrator’s proposed change to the personnel management system shall not 

take effect until 60 days have elapsed after the Administrator 

has transmitted the proposed change, along with the objections 

of the exclusive bargaining representatives to the change, and 

the reasons for such objections, to Congress. The 60-day period 

shall not include any period during which Congress has adjourned sine die.¿ 

(2) DISPUTE RESOLUTION.— 

(A) MEDIATION.—If the Administrator does not reach an 

agreement under paragraph (1) or the provisions referred to 

in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative— 

(i) shall use the services of the Federal Mediation 

and Conciliation Service to attempt to reach such 

agreement in accordance with part 1425 of title 29, 

Code of Federal Regulations (as in effect on the date of 

enactment of the FAA Reauthorization Act of 2009); or 

(ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining 

agreement. 

(B) BINDING ARBITRATION.— 

(i) ASSISTANCE FROM FEDERAL SERVICE IMPASSES

PANEL.—If the services of the Federal Mediation and 


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Conciliation Service under subparagraph (A)(i) do not 

lead to an agreement, the Administrator and the exclusive bargaining representative of the employees (in this 

subparagraph referred to as the ‘‘parties’’) shall submit 

their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration 

board consisting of 3 members. 

(ii) APPOINTMENT OF ARBITRATION BOARD.—The Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration 

board under clause (i) by requesting the Director of the 

Federal Mediation and Conciliation Service to prepare 

a list of not less than 15 names of arbitrators with 

Federal sector experience and by providing the list to 

the parties. Within 10 days of receiving the list, the 

parties shall each select one person from the list. The 

2 arbitrators selected by the parties shall then select a 

third person from the list within 7 days. If either of the 

parties fails to select a person or if the 2 arbitrators are 

unable to agree on the third person within 7 days, the 

parties shall make the selection by alternately striking 

names on the list until one arbitrator remains. 

(iii) FRAMING ISSUES IN CONTROVERSY.—If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall 

frame the issues. 

(iv) HEARINGS.—The arbitration board shall give the 

parties a full and fair hearing, including an opportunity to present evidence in support of their claims 

and an opportunity to present their case in person, by 

counsel, or by other representative as they may elect. 

(v) DECISIONS.—The arbitration board shall render 

its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties. 

(vi) COSTS.—The parties shall share costs of the arbitration equally. 

(3) RATIFICATION OF AGREEMENTS.—Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(B), the final agreement, except for 

those matters decided by an arbitration board, shall be subject 

to ratification by the exclusive bargaining representative of the 

employees, if so requested by the bargaining representative, and 

approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C). 

(4) ENFORCEMENT.— 

(A) ENFORCEMENT ACTIONS IN UNITED STATES COURTS.— Each United States district court and each United States 

court of a place subject to the jurisdiction of the United 

States shall have jurisdiction of enforcement actions 

brought under this section. Such an action may be brought 

in any judicial district in the State in which the violation 

of this section is alleged to have been committed, the judiVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00157 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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cial district in which the Federal Aviation Administration 

has its principal office, or the District of Columbia. 

(B) ATTORNEY FEES.—The court may assess against the 

Federal Aviation Administration reasonable attorney fees 

and other litigation costs reasonably incurred in any case 

under this section in which the complainant has substantially prevailed. 

ø(3)¿ (5) COST SAVINGS AND PRODUCTIVITY GOALS.—The Administration and the exclusive bargaining representatives of 

the employees shall use every reasonable effort to find cost 

savings and to increase productivity within each of the affected 

bargaining units. 

ø(4)¿ (6) ANNUAL BUDGET DISCUSSIONS.—The Administration 

and the exclusive bargaining representatives of the employees 

shall meet annually for the purpose of finding additional cost 

savings within the Administration’s annual budget as it applies to each of the affected bargaining units and throughout 

the agency. 

* * * * * * * 

(g) PERSONNEL MANAGEMENT SYSTEM.— 

(1) * * * 

* * * * * * * 

(3) APPEALS TO MERIT SYSTEMS PROTECTION BOARD.—Under 

the new personnel management system developed and implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection 

Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of 

March 31, 1996. Notwithstanding any other provision of law, 

retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of 

March 31, 1996. 

* * * * * * * 

§ 40128. Overflights of national parks 

(a) IN GENERAL.— 

(1) GENERAL REQUIREMENTS.—A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands, as defined by this section, except— 

(A) * * * 

* * * * * * * 

(C) in accordance with any applicable air tour management plan or voluntary agreement under subsection (b)(7) 

for the park or tribal lands. 

* * * * * * * 

(5) EXEMPTION.— 

(A) IN GENERAL.—Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour flights 

a year shall be exempt from the requirements of this section, except as provided in subparagraph (B). 


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(B) WITHDRAWAL OF EXEMPTION.—If the Director determines that an air tour management plan or voluntary 

agreement is necessary to protect park resources and values 

or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A). 

(C) LIST OF PARKS.—The Director shall inform the Administrator, in writing, of each determination under subparagraph (B). The Director and Administrator shall publish an annual list of national parks that are covered by 

the exemption provided by this paragraph. 

(D) ANNUAL REPORT.—A commercial air tour operator 

conducting commercial air tours in a national park that is 

exempt from the requirements of this section shall submit 

to the Administrator and the Director an annual report regarding the number of commercial air tour flights it conducts each year in such park. 

(b) AIR TOUR MANAGEMENT PLANS.— (1) * * * 

* * * * * * * 

(7) VOLUNTARY AGREEMENTS.— (A) IN GENERAL.—As an alternative to an air tour management plan, the Director and the Administrator may 

enter into a voluntary agreement with a commercial air 

tour operator (including a new entrant applicant and an 

operator that has interim operating authority) that has applied to conduct air tour operations over a national park to 

manage commercial air tour operations over such national 

park. 

(B) PARK PROTECTION.—A voluntary agreement under 

this paragraph with respect to commercial air tour operations over a national park shall address the management 

issues necessary to protect the resources of such park and 

visitor use of such park without compromising aviation 

safety or the air traffic control system and may— 

(i) include provisions such as those described in subparagraphs (B) through (E) of paragraph (3); 

(ii) include provisions to ensure the stability of, and 

compliance with, the voluntary agreement; and 

(iii) provide for fees for such operations. 

(C) PUBLIC.—The Director and the Administrator shall 

provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult 

with any Indian tribe whose tribal lands are, or may be, 

flown over by a commercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consultation, the voluntary 

agreement may be implemented without further administrative or environmental process beyond that described in 

this subsection. 

(D) TERMINATION.—A voluntary agreement under this 

paragraph may be terminated at any time at the discretion 

of the Director or the Administrator if the Director determines that the agreement is not adequately protecting park 

resources or visitor experiences or the Administrator determines that the agreement is adversely affecting aviation 


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safety or the national aviation system. If a voluntary agreement for a national park is terminated, the operators shall 

conform to the requirements for interim operating authority 

under subsection (c) until an air tour management plan for 

the park is in effect. 

(c) INTERIM OPERATING AUTHORITY.— (1) * * * 

(2) REQUIREMENTS AND LIMITATIONS.—Interim operating authority granted under this subsection— 

(A) * * * 

* * * * * * * 

ø(I) shall allow for modifications of the interim operating 

authority based on experience if the modification improves 

protection of national park resources and values and of 

tribal lands.¿ 

(I) may allow for modifications of the interim operating 

authority without further environmental review beyond that 

described in this section if— 

(i) adequate information regarding the operator’s existing and proposed operations under the interim operating authority is provided to the Administrator and 

the Director; 

(ii) the Administrator determines that there would be 

no adverse impact on aviation safety or the air traffic 

control system; and 

(iii) the Director agrees with the modification, based 

on the Director’s professional expertise regarding the 

protection of the park resources and values and visitor 

use and enjoyment. 

(3) NEW ENTRANT AIR TOUR OPERATORS.— (A) IN GENERAL.—The Administrator, in cooperation 

with the Director, may grant interim operating authority 

under this paragraph to an air tour operator for a national 

park or tribal lands for which that operator is a new entrant air tour operator øif the Administrator determines 

the authority is necessary to ensure competition in the 

provision of commercial air tour operations over the park 

or tribal lands.¿ without further environmental process beyond that described in this paragraph if— 

(i) adequate information on the operator’s proposed 

operations is provided to the Administrator and the Director by the operator making the request; 

(ii) the Administrator agrees that there would be no 

adverse impact on aviation safety or the air traffic control system; and 

(iii) the Director agrees, based on the Director’s professional expertise regarding the protection of park resources and values and visitor use and enjoyment. 

* * * * * * * 

(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 

(1) REPORT.—Each commercial air tour operator providing a 

commercial air tour over a national park under interim operating authority granted under subsection (c) or in accordance 

with an air tour management plan under subsection (b) shall 


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submit a report to the Administrator and Director regarding 

the number of its commercial air tour operations over each national park and such other information as the Administrator 

and Director may request in order to facilitate administering 

the provisions of this section. 

(2) REPORT SUBMISSION.—Not later than 3 months after the 

date of enactment of the FAA Reauthorization Act of 2009, the 

Administrator and Director shall jointly issue an initial request 

for reports under this subsection. The reports shall be submitted 

to the Administrator and Director on a frequency and in a format prescribed by the Administrator and Director. 

ø(d)¿ (e) EXEMPTIONS.—This section shall not apply to— 

(1) * * * 

* * * * * * * 

ø(e)¿ (f) LAKE MEAD.—This section shall not apply to any air tour 

operator while flying over or near the Lake Mead National Recreation Area, solely as a transportation route, to conduct an air tour 

over the Grand Canyon National Park. For purposes of this subsection, an air tour operator flying over the Hoover Dam in the 

Lake Mead National Recreation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transportation route. 

ø(f)¿ (g) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) * * * 

* * * * * * * 

§ 40130. FAA access to criminal history records or databases 

systems 

(a) ACCESS TO RECORDS OR DATABASES SYSTEMS.— (1) ACCESS TO INFORMATION.—Notwithstanding section 534 of 

title 28, and regulations issued to implement such section, the 

Administrator of the Federal Aviation Administration may access a system of documented criminal justice information maintained by the Department of Justice or by a State but may do 

so only for the purpose of carrying out civil and administrative 

responsibilities of the Administration to protect the safety and 

security of the national airspace system or to support the missions of the Department of Justice, the Department of Homeland Security, and other law enforcement agencies. 

(2) RELEASE OF INFORMATION.—In accessing a system referred to in paragraph (1), the Administrator shall be subject 

to the same conditions and procedures established by the Department of Justice or the State for other governmental agencies 

with access to the system. 

(3) LIMITATION.—The Administrator may not use the access 

authorized under paragraph (1) to conduct criminal investigations. 

(b) DESIGNATED EMPLOYEES.—The Administrator shall designate, 

by order, employees of the Administration who shall carry out the 

authority described in subsection (a). The designated employees 

may— 

(1) have access to and receive criminal history, driver, vehicle, 

and other law enforcement information contained in the law enVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00161 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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forcement databases of the Department of Justice, or any jurisdiction of a State, in the same manner as a police officer employed by a State or local authority of that State who is certified or commissioned under the laws of that State; 

(2) use any radio, data link, or warning system of the Federal 

Government, and of any jurisdiction in a State, that provides 

information about wanted persons, be-on-the-lookout notices, 

warrant status, or other officer safety information to which a 

police officer employed by a State or local authority in that 

State who is certified or commission under the laws of that 

State has access and in the same manner as such police officer; 

or 

(3) receive Federal, State, or local government communications with a police officer employed by a State or local authority 

in that State in the same manner as a police officer employed 

by a State or local authority in that State who is commissioned 

under the laws of that State. 

(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE INFORMATION

DEFINED.—In this section, the term ‘‘system of documented criminal 

justice information’’ means any law enforcement database, system, 

or communication containing information concerning identification, 

criminal history, arrests, convictions, arrest warrants, wanted or 

missing persons, including the National Crime Information Center 

and its incorporated criminal history databases and the National 

Law Enforcement Telecommunications System. 

* * * * * * * 

SUBPART II—ECONOMIC REGULATION 

* * * * * * * 

CHAPTER 417—OPERATIONS OF CARRIERS 

SUBCHAPTER I—REQUIREMENTS 

Sec. 

41701. Classification of air carriers. 

* * * * * * * 

41724. Prohibitions against voice communications using mobile communications devices on scheduled flights. 

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE 

* * * * * * * 

ø41747. EAS local participation program.¿ 

* * * * * * * 

41749. Office of Rural Aviation. 

* * * * * * * 

SUBCHAPTER I—REQUIREMENTS 

* * * * * * * 

§ 41708. Reports 

(a) * * * 

* * * * * * * 

(c) DIVERTED AND CANCELLED FLIGHTS.— 


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(1) MONTHLY REPORTS.—The Secretary shall require an air 

carrier referred to in paragraph (2) to file with the Secretary a 

monthly report on each flight of the air carrier that is diverted 

from its scheduled destination to another airport and each 

flight of the air carrier that departs the gate at the airport at 

which the flight originates but is cancelled before wheels-off 

time. 

(2) APPLICABILITY.—An air carrier that is required to file a 

monthly airline service quality performance report under subsection (b) shall be subject to the requirement of paragraph (1). 

(3) CONTENTS.—A monthly report filed by an air carrier 

under paragraph (1) shall include, at a minimum, the following 

information: 

(A) For a diverted flight— 

(i) the flight number of the diverted flight; 

(ii) the scheduled destination of the flight; 

(iii) the date and time of the flight; 

(iv) the airport to which the flight was diverted; 

(v) wheels-on time at the diverted airport; 

(vi) the time, if any, passengers deplaned the aircraft 

at the diverted airport; and 

(vii) if the flight arrives at the scheduled destination 

airport— 

(I) the gate-departure time at the diverted airport; 

(II) the wheels-off time at the diverted airport; 

(III) the wheels-on time at the scheduled arrival 

airport; and 

(IV) the gate arrival time at the scheduled arrival airport. 

(B) For flights cancelled after gate departure— 

(i) the flight number of the cancelled flight; 

(ii) the scheduled origin and destination airports of 

the cancelled flight; 

(iii) the date and time of the cancelled flight; 

(iv) the gate-departure time of the cancelled flight; 

and 

(v) the time the aircraft returned to the gate. 

(4) PUBLICATION.—The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report 

on the website of the Department of Transportation. 

* * * * * * * 

§ 41718. Special rules for Ronald Reagan Washington National Airport 

(a) BEYOND-PERIMETER EXEMPTIONS.—The Secretary shall grant, 

by order, ø24¿ 34 exemptions from the application of sections 

49104(a)(5), 49109, 49111(e), and 41714 of this title to air carriers 

to operate limited frequencies and aircraft on select routes between 

Ronald Reagan Washington National Airport and domestic hub airports and exemptions from the requirements of subparts K and S 

of part 93, Code of Federal Regulations, if the Secretary finds that 

the exemptions will— 


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(1) * * * 

* * * * * * * 

(c) LIMITATIONS.— (1) * * * 

(2) GENERAL EXEMPTIONS.—The exemptions granted under 

subsections (a) and (b) may not be for operations between the 

hours of 10:00 p.m. and 7:00 a.m. and may not increase the 

number of operations at Ronald Reagan Washington National 

Airport in any 1-hour period during the hours between 7:00 

a.m. and 9:59 p.m. by more than ø3 operations¿ 5 operations. (3) SLOTS.—The Administrator of the Federal Aviation Administration shall reduce the hourly air carrier slot quota for 

Ronald Reagan Washington National Airport in section 

93.123(a) of title 14, Code of Federal Regulations, by a total of 

10 slots that are available for allocation. Such reductions shall 

be taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. hours, as 

determined by the Administrator, in order to grant exemptions 

under subsection (a). 

ø(3)¿ (4) ALLOCATION OF WITHIN-PERIMETER EXEMPTIONS.—Of 

the exemptions granted under subsection (b)— 

(A) * * * 

* * * * * * * 

ø(4)¿ (5) APPLICABILITY TO EXEMPTION NO. 5133.—Nothing in 

this section affects Exemption No. 5133, as from time-to-time 

amended and extended. 

* * * * * * * 

(e) SCHEDULING PRIORITY.—Operations conducted by new entrant 

air carriers and limited incumbent air carriers shall be afforded a 

scheduling priority over operations conducted by other air carriers 

granted exemptions pursuant to this section, with the highest scheduling priority to be afforded to beyond-perimeter operations conducted by new entrant air carriers and limited incumbent air carriers. 

ø(e)¿ (f) APPLICABILITY OF CERTAIN LAWS.—Neither the request 

for, nor the granting of an exemption, under this section shall be 

considered for purposes of any Federal law a major Federal action 

significantly affecting the quality of the human environment. 

ø(f)¿ (g) COMMUTERS DEFINED.—For purposes of aircraft operations at Ronald Reagan Washington National Airport under subpart K of part 93 of title 14, Code of Federal Regulations, the term 

‘commuters’ means aircraft operations using aircraft having a certificated maximum seating capacity of 76 or less. 

* * * * * * * 

§ 41724. Prohibitions against voice communications using 

mobile communications devices on scheduled flights 

(a) INTERSTATE AND INTRASTATE AIR TRANSPORTATION.— 

(1) IN GENERAL.—An individual may not engage in voice communications using a mobile communications device in an aircraft during a flight in scheduled passenger interstate air 

transportation or scheduled passenger intrastate air transportation. 


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(2) EXCEPTIONS.—The prohibition described in paragraph (1) 

shall not apply to— 

(A) a member of the flight crew or flight attendants on 

an aircraft; or 

(B) a Federal law enforcement officer acting in an official 

capacity. 

(b) FOREIGN AIR TRANSPORTATION.— (1) IN GENERAL.—The Secretary of Transportation shall require all air carriers and foreign air carriers to adopt the prohibition described in subsection (a) with respect to the operation 

of an aircraft in scheduled passenger foreign air transportation. 

(2) ALTERNATE PROHIBITION.—If a foreign government objects 

to the application of paragraph (1) on the basis that paragraph 

(1) provides for an extraterritorial application of the laws of the 

United States, the Secretary may waive the application of paragraph (1) to a foreign air carrier licensed by that foreign government until such time as an alternative prohibition on voice 

communications using a mobile communications device during 

flight is negotiated by the Secretary with such foreign government through bilateral negotiations. 

(c) DEFINITIONS.—In this section, the following definitions apply: 

(1) FLIGHT.—The term ‘‘flight’’ means the period beginning 

when an aircraft takes off and ending when an aircraft lands. 

(2) VOICE COMMUNICATIONS USING A MOBILE COMMUNICA- TIONS DEVICE.— (A) INCLUSIONS.—The term ‘‘voice communications using 

a mobile communications device’’ includes voice communications using— 

(i) a commercial mobile radio service or other wireless communications device; 

(ii) a broadband wireless device or other wireless device that transmits data packets using the Internet Protocol or comparable technical standard; or 

(iii) a device having voice override capability. 

(B) EXCLUSION.—Such term does not include voice communications using a phone installed on an aircraft. 

(d) SAFETY REGULATIONS.—This section shall not be construed to 

affect the authority of the Secretary to impose limitations on voice 

communications using a mobile communications device for safety 

reasons. 

(e) REGULATIONS.—The Secretary shall prescribe such regulations 

as are necessary to carry out this section. 

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE 

* * * * * * * 

§ 41733. Level of basic essential air service 

(a) * * * 

* * * * * * * 

(f) NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY.— 

(1) IN GENERAL.—The Secretary shall notify each community 

receiving basic essential air service for which compensation is 

being paid under this subchapter on or before the 45th day beVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00165 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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fore issuing any final decision to end the payment of such compensation due to a determination by the Secretary that providing such service requires a rate of subsidy per passenger in 

excess of the subsidy cap. 

(2) PROCEDURES TO AVOID TERMINATION.—The Secretary 

shall establish, by order, procedures by which each community 

notified of an impending loss of subsidy under paragraph (1) 

may work directly with an air carrier to ensure that the air carrier is able to submit a proposal to the Secretary to provide essential air service to such community for an amount of compensation that would not exceed the subsidy cap. 

(3) ASSISTANCE PROVIDED.—The Secretary shall provide, by 

order, to each community notified under paragraph (1) information regarding— 

(A) the procedures established pursuant to paragraph (2); 

and 

(B) the maximum amount of compensation that could be 

provided under this subchapter to an air carrier serving 

such community that would comply with the subsidy cap. 

(4) SUBSIDY CAP DEFINED.—In this subsection, the term ‘‘subsidy cap’’ means the subsidy cap established by section 332 of 

Public Law 106–69, including any increase to that subsidy cap 

established by the Secretary pursuant to the FAA Reauthorization Act of 2009. 

(g) PROPOSALS OF STATE AND LOCAL GOVERNMENTS TO RESTORE

ELIGIBILITY.— (1) IN GENERAL.—If the Secretary, after the date of enactment 

of this subsection, ends payment of compensation to an air carrier for providing basic essential air service to an eligible place 

because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap (as defined in subsection (f)), a State or local government may submit to the Secretary a proposal for restoring compensation for such service. Such proposal shall be a joint proposal of the State or local government and an air carrier. 

(2) DETERMINATION BY SECRETARY.—If a State or local government submits to the Secretary a proposal under paragraph 

(1) with respect to an eligible place, and the Secretary determines that— 

(A) the rate of subsidy per passenger under the proposal 

does not exceed the subsidy cap (as defined in subsection 

(f)); and 

(B) the proposal is consistent with the legal and regulatory requirements of the essential air service program, 

the Secretary shall issue an order restoring the eligibility of the 

otherwise eligible place to receive basic essential air service by 

an air carrier for compensation under subsection (c). 

§ 41734. Ending, suspending, and reducing basic essential 

air service 

(a) * * * 

* * * * * * * 

(d) CONTINUATION OF COMPENSATION AFTER NOTICE PERIOD.—If 

an air carrier receiving compensation under section 41733 of this 

title for providing basic essential air service to an eligible place is 


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required to continue to provide service to the place under this section after the 90-day notice period under subsection (a) of this section, the Secretary shall øcontinue to pay that compensation after 

the last day of that period. The Secretary shall pay the compensation until the Secretary finds another carrier to provide the service 

to the place or the 90th day after the end of that notice period, 

whichever is earlier. If, after the 90th day after the end of the 90- 

day notice period, the Secretary has not found another carrier to 

provide the service, the carrier required to continue to provide that 

service shall receive compensation sufficient—¿ provide the carrier 

with compensation sufficient— 

(1) * * * 

* * * * * * * 

§ 41737. Compensation guidelines, limitations, and claims 

(a) COMPENSATION GUIDELINES.—(1) The Secretary of Transportation shall prescribe guidelines governing the rate of compensation payable under this subchapter. The guidelines shall be used to 

determine the reasonable amount of compensation required to ensure the continuation of air service or air transportation under this 

subchapter. The guidelines shall— 

(A) * * * 

(B) consider amounts needed by an air carrier to promote 

public use of the service or transportation for which compensation is being paid; øand¿ 

(C) include expense elements based on representative costs 

of air carriers providing scheduled air transportation of passengers, property, and mail on aircraft of the type the Secretary decides is appropriate for providing the service or transportation for which compensation is being providedø.¿; 

(D) include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals, including goals related to improving 

on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient connections to 

flights providing service beyond hub airports, and increasing 

marketing efforts; and 

(E) include provisions under which the Secretary may execute 

a long-term essential air service contract to encourage an air 

carrier to provide air service to an eligible place if it would be 

in the public interest to do so. 

* * * * * * * 

§ 41742. Essential air service authorization 

(a) IN GENERAL.— 

(1) * * * 

(2) ADDITIONAL FUNDS.—In addition to amounts authorized 

under paragraph (1), øthere is authorized to be appropriated 

$77,000,000¿ there is authorized to be appropriated out of the 

Airport and Airway Trust Fund $150,000,000 for each fiscal 

year to carry out the essential air service program under this 


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subchapter of which not more than $12,000,000 per fiscal year 

may be used for the marketing incentive program for communities and for State marketing assistance. 

* * * * * * * 

(4) DISTRIBUTION OF EXCESS FUNDS.—Of the funds, if any, 

credited to the account established under section 45303 in a fiscal year that exceed the $50,000,000 made available for such 

fiscal year under paragraph (1)— 

(A) one-half shall be made available immediately for obligation and expenditure to carry out section 41743; and 

(B) one-half shall be made available immediately for obligation and expenditure to carry out subsection (b). 

(b) FUNDING FOR SMALL COMMUNITY AIR SERVICE.—Notwithstanding any other provision of law, ømoneys credited to the account established under section 45303(a) of this title, including the 

funds derived from fees imposed under the authority contained in 

section 45301(a) of this title,¿ amounts made available under subsection (a)(4)(B) shall be used to carry out the essential air service 

program under this subchapter. Notwithstanding section 47114(g) 

of this title, øany amounts from those fees¿ any of such amounts 

that are not obligated or expended at the end of the fiscal year for 

the purpose of funding the essential air service program under this 

subchapter shall be made available to the Administration for use 

in improving rural air safety under subchapter I of chapter 471 of 

this title and shall be used exclusively for projects at rural airports 

under this subchapter. 

§ 41743. Airports not receiving sufficient service 

(a) * * * 

* * * * * * * 

(c) CRITERIA FOR PARTICIPATION.—In selecting communities, or 

consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following 

criteria: 

(1) * * * 

* * * * * * * 

(5) PRIORITIES.—The Secretary shall give priority to communities or consortia of communities where— 

(A) * * * 

* * * * * * * 

(D) the assistance will provide material benefits to a 

broad segment of the travelling public, including business, 

educational institutions, and other enterprises, whose access to the national air transportation system is limited; 

øand¿ 

(E) the assistance will be used in a timely øfashion.¿ 

fashion; and 

(F) multiple communities cooperate to submit a regional 

or multistate application to improve air service. 

* * * * * * * 

(e) AUTHORITY TO MAKE AGREEMENTS.— 

(1) * * * 


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(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary $20,000,000 for fiscal year 

2001, $27,500,000 for each of fiscal years 2002 and 2003, and 

$35,000,000 for each of fiscal years 2004 through ø2009¿ 2012 

to carry out this section. Such sums shall remain available 

until expended. 

* * * * * * * 

ø§ 41747. EAS local participation program 

ø(a) IN GENERAL.—The Secretary of Transportation shall establish a pilot program under which not more than 10 designated essential air service communities located in proximity to hub airports 

are required to assume 10 percent of their essential air service subsidy costs for a 4-year period. 

ø(b) DESIGNATION OF COMMUNITIES.— 

ø(1) IN GENERAL.—The Secretary may not designate any 

community under this section unless it is located within 100 

miles by road of a hub airport and is not located in a noncontiguous State. In making the designation, the Secretary 

may take into consideration the total traveltime between a 

community and the nearest hub airport, taking into account 

terrain, traffic, weather, road conditions, and other relevant 

factors. 

ø(2) ONE COMMUNITY PER STATE.—The Secretary may not 

designate— 

ø(A) more than 1 community per State under this section; or 

ø(B) a community in a State in which another community that is eligible to participate in the essential air service program has elected not to participate in the essential 

air service program as part of a pilot program under section 41745. 

ø(c) APPEAL OF DESIGNATION.—A community may appeal its designation under this section. The Secretary may withdraw the designation of a community under this section based on— 

ø(1) the airport sponsor’s ability to pay; or 

ø(2) the relative lack of financial resources in a community, 

based on a comparison of the median income of the community 

with other communities in the State. 

ø(d) NON-FEDERAL SHARE.— ø(1) NON-FEDERAL AMOUNTS.—For purposes of this section, 

the non-Federal portion of the essential air service subsidy 

may be derived from contributions in kind, or through reduction in the amount of the essential air service subsidy through 

reduction of air carrier costs, increased ridership, prepurchase 

of tickets, or other means. The Secretary shall provide assistance to designated communities in identifying potential means 

of reducing the amount of the subsidy without adversely affecting air transportation service to the community. 

ø(2) APPLICATION WITH OTHER MATCHING REQUIREMENTS.— 

This section shall apply to the Federal share of essential air 

service provided this subchapter, after the application of any 

other non- Federal share matching requirements imposed by 

law. 


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ø(e) ELIGIBILITY FOR OTHER PROGRAMS NOT AFFECTED.—Nothing 

in this section affects the eligibility of a community or consortium 

of communities, an airport sponsor, or any other person to participate in any program authorized by this subchapter. A community 

designated under this section may participate in any program (including pilot programs) authorized by this subchapter for which it 

is otherwise eligible— 

ø(1) without regard to any limitation on the number of communities that may participate in that program; and 

ø(2) without reducing the number of other communities that 

may participate in that program. 

ø(f) SECRETARY TO REPORT TO CONGRESS ON IMPACT.—The Secretary shall transmit a report to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives 

on— 

ø(1) the economic condition of communities designated under 

this section before their designation; 

ø(2) the impact of designation under this section on such 

communities at the end of each of the 3 years following their 

designation; and 

ø(3) the impact of designation on air traffic patterns affecting 

air transportation to and from communities designated under 

this section.¿ 

* * * * * * * 

§ 41749. Office of Rural Aviation 

(a) ESTABLISHMENT.—The Secretary of Transportation shall establish within the Department of Transportation an office to be 

known as the ‘‘Office of Rural Aviation’’ (in this section referred to 

as the ‘‘Office’’). 

(b) FUNCTIONS.—The Office shall— 

(1) monitor the status of air service to small communities; 

(2) develop proposals to improve air service to small communities; and 

(3) carry out such other functions as the Secretary considers 

appropriate. 

* * * * * * * 

CHAPTER 423—AIR PASSENGER SERVICE 

IMPROVEMENTS 

Sec. 

42301. Emergency contingency plans. 

42302. Consumer complaints. 

42303. Use of insecticides in passenger aircraft. 

§ 42301. Emergency contingency plans 

(a) SUBMISSION OF AIR CARRIER AND AIRPORT PLANS.—Not later 

than 90 days after the date of enactment of this section, each air 

carrier providing covered air transportation at a large hub airport 

or medium hub airport and each operator of a large hub airport or 

medium hub airport shall submit to the Secretary of Transportation 

for review and approval an emergency contingency plan in accordance with the requirements of this section. 


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(b) COVERED AIR TRANSPORTATION DEFINED.—In this section, the 

term ‘‘covered air transportation’’ means scheduled passenger air 

transportation provided by an air carrier using aircraft with more 

than 30 seats. 

(c) AIR CARRIER PLANS.— 

(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air carrier shall 

submit an emergency contingency plan under subsection (a) 

for— 

(A) each large hub airport and medium hub airport at 

which the carrier provides covered air transportation; and 

(B) each large hub airport and medium hub airport at 

which the carrier has flights for which it has primary responsibility for inventory control. 

(2) CONTENTS.—An emergency contingency plan submitted by 

an air carrier for an airport under subsection (a) shall contain 

a description of how the air carrier will— 

(A) provide food, water that meets the standards of the 

Safe Drinking Water Act (42 U.S.C. 300f et seq.), restroom 

facilities, cabin ventilation, and access to medical treatment 

for passengers onboard an aircraft at the airport that is on 

the ground for an extended period of time without access to 

the terminal; 

(B) allow passengers to deplane following excessive 

delays; and 

(C) share facilities and make gates available at the airport in an emergency. 

(d) AIRPORT PLANS.—An emergency contingency plan submitted 

by an airport operator under subsection (a) shall contain— 

(1) a description of how the airport operator, to the maximum 

extent practicable, will provide for the deplanement of passengers following excessive delays and will provide for the sharing of facilities and make gates available at the airport in an 

emergency; and 

(2) in the case of an airport that is used by an air carrier or 

foreign air carrier for flights in foreign air transportation, a description of how the airport operator will provide for use of the 

airport’s terminal, to the maximum extent practicable, for the 

processing of passengers arriving at the airport on such a flight 

in the case of an excessive tarmac delay. 

(e) UPDATES.— 

(1) AIR CARRIERS.—An air carrier shall update the emergency 

contingency plan submitted by the air carrier under subsection 

(a) every 3 years and submit the update to the Secretary for review and approval. 

(2) AIRPORTS.—An airport operator shall update the emergency contingency plan submitted by the airport operator under 

subsection (a) every 5 years and submit the update to the Secretary for review and approval. 

(f) APPROVAL.— 

(1) IN GENERAL.—Not later than 9 months after the date of 

enactment of this section, the Secretary shall review and approve or require modifications to emergency contingency plans 

submitted under subsection (a) and updates submitted under 

subsection (e) to ensure that the plans and updates will effecVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00171 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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tively address emergencies and provide for the health and safety 

of passengers. 

(2) CIVIL PENALTIES.—The Secretary may assess a civil penalty under section 46301 against an air carrier or airport that 

does not adhere to an emergency contingency plan approved 

under this subsection. 

(g) MINIMUM STANDARDS.—The Secretary may establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section. 

(h) PUBLIC ACCESS.—An air carrier or airport required to submit 

emergency contingency plans under this section shall ensure public 

access to such plan after its approval under this section on the 

Internet website of the carrier or airport or by such other means as 

determined by the Secretary. 

§ 42302. Consumer complaints 

(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE NUMBER.—The 

Secretary of Transportation shall establish a consumer complaints 

hotline telephone number for the use of passengers in air transportation. 

(b) PUBLIC NOTICE.—The Secretary shall notify the public of the 

telephone number established under subsection (a). 

(c) NOTICE TO PASSENGERS OF AIR CARRIERS.—An air carrier providing scheduled air transportation using aircraft with 30 or more 

seats shall include on the Internet Web site of the carrier and on 

any ticket confirmation and boarding pass issued by the air carrier— 

(1) the hotline telephone number established under subsection 

(a); 

(2) the email address, telephone number, and mailing address of the air carrier; and 

(3) the email address, telephone number, and mailing address of the Aviation Consumer Protection Division of the Department of Transportation for the submission of reports by 

passengers about air travel service problems. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as may be necessary to carry out this 

section. Such sums shall remain available until expended. 

§ 42303. Use of insecticides in passenger aircraft 

(a) INFORMATION TO BE PROVIDED ON THE INTERNET.—The Secretary shall establish, and make available to the general public, an 

Internet Web site that contains a listing of countries that may require an air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to a flight in foreign air transportation to that country or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with 

passengers. 

(b) REQUIRED DISCLOSURES.—An air carrier, foreign air carrier, 

or ticket agent selling, in the United States, a ticket for a flight in 

foreign air transportation to a country listed on the Internet Web 

site established under subsection (a) shall— 

(1) disclose, on its own Internet Web site or through other 

means, that the destination country may require the air carrier 

or foreign air carrier to treat an aircraft passenger cabin with 


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insecticides prior to the flight or to apply an aerosol insecticide 

in an aircraft cabin used for such a flight when the cabin is occupied with passengers; and 

(2) refer the purchaser of the ticket to the Internet Web site 

established under subsection (a) for additional information. 

* * * * * * * 

SUBPART III—SAFETY 

* * * * * * * 

CHAPTER 443—INSURANCE 

* * * * * * * 

§ 44302. General authority 

(a) * * * 

* * * * * * * 

(f) EXTENSION OF POLICIES.— 

(1) IN GENERAL.—The Secretary shall extend through 

øMarch 31, 2009¿ September 30, 2012, and may extend 

through øMay 31, 2009¿ December 31, 2019, the termination 

date of any insurance policy that the Department of Transportation issued to an air carrier under subsection (a) and that is 

in effect on the date of enactment of this subsection on no less 

favorable terms to the air carrier than existed on June 19, 

2002; except that the Secretary shall amend the insurance policy, subject to such terms and conditions as the Secretary may 

prescribe, to add coverage for losses or injuries to aircraft 

hulls, passengers, and crew at the limits carried by air carriers 

for such losses and injuries as of such date of enactment and 

at an additional premium comparable to the premium charged 

for third- party casualty coverage under such policy. 

* * * * * * * 

(3) SUCCESSOR PROGRAM.— 

(A) IN GENERAL.—After December 31, 2019, coverage for 

the risks specified in a policy that has been extended under 

paragraph (1) shall be provided in an airline industry 

sponsored risk retention or other risk-sharing arrangement 

approved by the Secretary. 

(B) TRANSFER OF PREMIUMS.— 

(i) IN GENERAL.—On December 31, 2019, and except 

as provided in clause (ii), premiums that are collected 

by the Secretary from the airline industry after September 22, 2001, for any policy under this subsection, 

and interest earned thereon, as determined by the Secretary, shall be transferred to an airline industry sponsored risk retention or other risk-sharing arrangement 

approved by the Secretary. 

(ii) DETERMINATION OF AMOUNT TRANSFERRED.—The 

amount transferred pursuant to clause (i) shall be 

less— 


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(I) the amount of any claims paid out on such 

policies from September 22, 2001, through December 31, 2019; 

(II) the amount of any claims pending under 

such policies as of December 31, 2019; and 

(III) the cost, as determined by the Secretary, of 

administering the provision of insurance policies 

under this chapter from September 22, 2001, 

through December 31, 2019. 

* * * * * * * 

§ 44303. Coverage 

(a) * * * 

(b) AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING

OUT OF ACTS OF TERRORISM.—For acts of terrorism committed on 

or to an air carrier during the period beginning on September 22, 

2001, and ending on øMay 31, 2009¿ December 31, 2012, the Secretary may certify that the air carrier was a victim of an act of terrorism and in the Secretary’s judgment, based on the Secretary’s 

analysis and conclusions regarding the facts and circumstances of 

each case, shall not be responsible for losses suffered by third parties (as referred to in section 205.5(b)(1) of title 14, Code of Federal 

Regulations) that exceed $100,000,000, in the aggregate, for all 

claims by such parties arising out of such act. If the Secretary so 

certifies, the air carrier shall not be liable for an amount that exceeds $100,000,000, in the aggregate, for all claims by such parties 

arising out of such act, and the Government shall be responsible 

for any liability above such amount. No punitive damages may be 

awarded against an air carrier (or the Government taking responsibility for an air carrier under this subsection) under a cause of action arising out of such act. The Secretary may extend the provisions of this subsection to an aircraft manufacturer (as defined in 

section 44301) of the aircraft of the air carrier involved. 

§ 44304. Reinsurance 

To the extent the Secretary of Transportation is authorized to 

provide insurance under this chapter, the Secretary may reinsure 

any part of the insurance provided by an insurance carrier. The 

Secretary may reinsure with, transfer to, or transfer back to, øthe 

carrier¿ any insurance carrier any insurance or reinsurance provided by the Secretary under this chapter. 

* * * * * * * 

§ 44308. Administrative 

(a) * * * 

* * * * * * * 

(c) UNDERWRITING AGENT.—(1) The Secretary may, and when 

practical shall, employ an insurance carrier or group of insurance 

carriers to act as an underwriting agent. The Secretary may use 

the øagent¿ agent, or a claims adjuster who is independent of the 

underwriting agent, to adjust claims under this chapter, but claims 

may be paid only when approved by the Secretary. 

* * * * * * * 


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§ 44310. Ending effective date 

The authority of the Secretary of Transportation to provide insurance and reinsurance under this chapter is not effective after 

øDecember 31, 2013¿ December 31, 2019. 

* * * * * * * 

CHAPTER 445—FACILITIES, PERSONNEL, AND 

RESEARCH 

* * * * * * * 

§ 44504. Improved aircraft, aircraft engines, propellers, and 

appliances 

(a) * * * 

(b) RESEARCH.—The Administrator shall conduct or supervise research— 

(1) * * * 

* * * * * * * 

(6) to develop advanced aircraft fuels with low flammability 

and technologies that will contain aircraft fuels to minimize 

post-crash fire hazards; øand¿ 

(7) to develop technologies and methods to assess the risk of 

and prevent defects, failures, and malfunctions of products, 

parts, processes, and articles manufactured for use in aircraft, 

aircraft engines, propellers, and appliances that could result in 

a catastrophic failure of an aircraftø.¿; and 

(8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk of 

and prevent defects, failures, and malfunctions of products, 

parts, and processes, for use in all classes of unmanned aircraft 

systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace system. 

* * * * * * * 

§ 44505. Systems, procedures, facilities, and devices 

(a) * * * 

(b) RESEARCH ON HUMAN FACTORS AND SIMULATION MODELS.— The Administrator shall conduct or supervise research— 

(1) * * * 

* * * * * * * 

(4) to identify innovative and effective corrective measures 

for human errors that adversely affect air safety; øand¿ 

(5) to develop dynamic simulation models of the air traffic 

control system and airport design and operating procedures 

that will provide analytical technology— 

(A) * * * 

* * * * * * * 

(C) to test proposed revisions in airport and air traffic 

control operations programsø.¿; 

(6) to develop a better understanding of the relationship between human factors and unmanned aircraft systems safety; 

and 


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(7) to develop dynamic simulation models for integrating all 

classes of unmanned aircraft systems into the national airspace 

system without any degradation of existing levels of safety for 

all national airspace system users. 

* * * * * * * 

§ 44511. Aviation research grants 

(a) * * * 

* * * * * * * 

(f) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary of Transportation shall 

øestablish a 4-year pilot¿ maintain an airport cooperative research program to— 

(A) * * * 

* * * * * * * 

(4) REPORT.—Not later than 6 months after the øexpiration 

of the program¿ expiration of the pilot program under this subsection, the Secretary shall transmit to the Congress a report 

on the øprogram, including recommendations as to the need for 

establishing a permanent airport cooperative research program¿ program. 

* * * * * * * 

§ 44513. Regional centers of air transportation excellence 

(a) * * * 

* * * * * * * 

ø(f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s share of a grant under this section is 50 percent of the 

costs of establishing and operating the center and related research 

activities that the grant recipient carries out.¿ 

(f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s share of establishing and operating the center and all related 

research activities that grant recipients carry out shall not exceed 75 

percent of the costs. The United States Government’s share of an individual grant under this section shall not exceed 90 percent of the 

costs. 

* * * * * * * 

CHAPTER 447—SAFETY REGULATION 

Sec. 

44701. General requirements. 

* * * * * * * 

44730. Inspection of foreign repair stations. 

44731. Occupational safety and health standards for flight attendants on board aircraft. 

* * * * * * * 

§ 44703. Airman certificates 

(a) * * * 

* * * * * * * 


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(d) APPEALS.—(1) * * * 

* * * * * * * 

(3) JUDICIAL REVIEW.—A person who is substantially affected by 

an order of the Board under this subsection, or the Administrator 

if the Administrator decides that an order of the Board will have 

a significant adverse impact on carrying out this subtitle, may seek 

judicial review of the order under section 46110. The Administrator 

shall be made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence. 

* * * * * * * 

§ 44704. Type certificates, production certificates, airworthiness certificates and design organization certificates 

(a) TYPE CERTIFICATES.— 

(1) * * * 

* * * * * * * 

(5) RELEASE OF DATA.— 

(A) IN GENERAL.—Notwithstanding any other provision of 

law, the Administrator may make available upon request to 

a person seeking to maintain the airworthiness of an aircraft, engine, propeller, or appliance, engineering data in 

the possession of the Administration relating to a type certificate or a supplemental type certificate for such aircraft, 

engine, propeller, or appliance, without the consent of the 

owner of record, if the Administrator determines that— 

(i) the certificate containing the requested data has 

been inactive for 3 or more years; 

(ii) after using due diligence, the Administrator is 

unable to find the owner of record, or the owner of 

record’s heir, of the type certificate or supplemental certificate; and 

(iii) making such data available will enhance aviation safety. 

(B) ENGINEERING DATA DEFINED.—In this section, the 

term ‘‘engineering data’’ as used with respect to an aircraft, 

engine, propeller, or appliance means type design drawing 

and specifications for the entire aircraft, engine, propeller, 

or appliance or change to the aircraft, engine, propeller, or 

appliance, including the original design data, and any associated supplier data for individual parts or components 

approved as part of the particular certificate for the aircraft 

engine, propeller, or appliance. 

* * * * * * * 

(e) DESIGN ORGANIZATION CERTIFICATES.— (1) ISSUANCE.—øBeginning 7 years after the date of enactment of this subsection,¿ Beginning January 1, 2014, the Administrator may issue a design organization certificate to a design organization to authorize the organization to certify compliance with the requirements and minimum standards preVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00177 Fmt 6659 Sfmt 6601 E:\HR\OC\HR119P1.XXX HR119P1

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scribed under section 44701(a) for the type certification of aircraft, aircraft engines, propellers, or appliances. 

* * * * * * * 

§ 44711. Prohibitions and exemption 

(a) * * * 

* * * * * * * 

(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.— 

(1) PROHIBITION.—A person holding an operating certificate 

issued under title 14, Code of Federal Regulations, may not 

knowingly employ, or make a contractual arrangement which 

permits, an individual to act as an agent or representative of 

the certificate holder in any matter before the Federal Aviation 

Administration (in this subsection referred to as the ‘‘Agency’’) 

if the individual, in the preceding 2-year period— 

(A) served as, or was responsible for oversight of, a flight 

standards inspector of the Agency; and 

(B) had responsibility to inspect, or oversee inspection of, 

the operations of the certificate holder. 

(2) WRITTEN AND ORAL COMMUNICATIONS.—For purposes of 

paragraph (1), an individual shall be considered to be acting as 

an agent or representative of a certificate holder in a matter before the Agency if the individual makes any written or oral communication on behalf of the certificate holder to the Agency (or 

any of its officers or employees) in connection with a particular 

matter, whether or not involving a specific party and without 

regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a flight 

standards inspector of the Agency. 

* * * * * * * 

§ 44730. Inspection of foreign repair stations 

Not later than one year after the date of enactment of this section, 

and annually thereafter, the Administrator of the Federal Aviation 

Administration shall— 

(1) submit to Congress a certification that each foreign repair 

station that is certified by the Administrator under part 145 of 

title 14, Code of Federal Regulations, and performs work on air 

carrier aircraft or components has been inspected by safety inspectors of the Administration not fewer than 2 times in the 

preceding calendar year; and 

(2) modify the certification requirements under such part to 

include testing for the use of alcohol or a controlled substance 

in accordance with section 45102 of any individual performing 

a safety-sensitive function at a foreign aircraft repair station, 

including an individual working at a station of a third-party 

with whom an air carrier contracts to perform work on air carrier aircraft or components. 


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§ 44731. Occupational safety and health standards for flight 

attendants on board aircraft 

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall prescribe and enforce standards and regulations 

to ensure the occupational safety and health of individuals serving 

as flight attendants in the cabin of an aircraft of an air carrier. 

(b) STANDARDS AND REGULATIONS.—Standards and regulations 

issued under this section shall require each air carrier operating an 

aircraft in air transportation— 

(1) to provide for an environment in the cabin of the aircraft 

that is free from hazards that could cause physical harm to a 

flight attendant working in the cabin; and 

(2) to meet minimum standards for the occupational safety 

and health of flight attendants who work in the cabin of the 

aircraft. 

(c) RULEMAKING.—In carrying out this section, the Administrator 

shall conduct a rulemaking proceeding to address, at a minimum, 

the following areas: 

(1) Record keeping. 

(2) Blood borne pathogens. 

(3) Noise. 

(4) Sanitation. 

(5) Hazard communication. 

(6) Anti-discrimination. 

(7) Access to employee exposure and medical records. 

(8) Temperature standards for the aircraft cabin. 

(d) REGULATIONS.— (1) DEADLINE.—Not later than 3 years after the date of enactment of this section, the Administrator shall issue final regulations to carry out this section. 

(2) CONTENTS.—Regulations issued under this subsection 

shall address each of the issues identified in subsection (c) and 

others aspects of the environment of an aircraft cabin that may 

cause illness or injury to a flight attendant working in the 

cabin. 

(3) EMPLOYER ACTIONS TO ADDRESS OCCUPATIONAL SAFETY

AND HEALTH HAZARDS.—Regulations issued under this subsection shall set forth clearly the circumstances under which an 

air carrier is required to take action to address occupational 

safety and health hazards. 

(e) ADDITIONAL RULEMAKING PROCEEDINGS.—After issuing regulations under subsection (c), the Administrator may conduct additional rulemaking proceedings as the Administrator determines appropriate to carry out this section. 

(f) OVERSIGHT.— 

(1) CABIN OCCUPATIONAL SAFETY AND HEALTH INSPECTORS.— 

The Administrator shall establish the position of Cabin Occupational Safety and Health Inspector within the Federal Aviation 

Administration and shall employ individuals with appropriate 

qualifications and expertise to serve in the position. 

(2) RESPONSIBILITIES.—Inspectors employed under this subsection shall be solely responsible for conducting proper oversight of air carrier programs implemented under this section. 

(g) CONSULTATION.—In developing regulations under this section, 

the Administrator shall consult with the Administrator of the OccuVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00179 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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pational Safety and Health Administration, labor organizations 

representing flight attendants, air carriers, and other interested persons. 

(h) SAFETY PRIORITY.—In developing and implementing regulations under this section, the Administrator shall give priority to the 

safe operation and maintenance of an aircraft. 

(i) FLIGHT ATTENDANT DEFINED.—In this section, the term ‘‘flight 

attendant’’ has the meaning given that term by section 44728. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated such sums as may be necessary to carry out this 

section. Such sums shall remain available until expended. 

* * * * * * * 

CHAPTER 453—FEES 

Sec. 

45301. General provisions. 

* * * * * * * 

45305. Registration, certification, and related fees. 

§ 45301. General provisions 

(a) * * * 

ø(b) LIMITATIONS.— ø(1) AUTHORIZATION AND IMPACT CONSIDERATIONS.—In establishing fees under subsection (a), the Administrator— 

ø(A) is authorized to recover in fiscal year 1997 $100,000,000; and 

ø(B) shall ensure that each of the fees required by subsection (a) is reasonably related to the Administration’s 

costs, as determined by the Administrator, of providing the 

service rendered. Services for which costs may be recovered include the costs of air traffic control, navigation, 

weather services, training and emergency services which 

are available to facilitate safe transportation over the 

United States, and other services provided by the Administrator or by programs financed by the Administrator to 

flights that neither take off nor land in the United States. 

The Determination of such costs by the Administrator is 

not subject to judicial review. 

ø(2) PUBLICATION; COMMENT.—The Administrator shall publish in the Federal Register an initial fee schedule and associated collection process as an interim final rule, pursuant to 

which public comment will be sought and a final rule issued.¿ 

(b) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 

(1) IN GENERAL.—In establishing and adjusting fees under 

subsection (a), the Administrator shall ensure that the fees are 

reasonably related to the Administration’s costs, as determined 

by the Administrator, of providing the services rendered. Services for which costs may be recovered include the costs of air 

traffic control, navigation, weather services, training, and emergency services which are available to facilitate safe transportation over the United States and the costs of other services provided by the Administrator, or by programs financed by the Administrator, to flights that neither take off nor land in the 

United States. The determination of such costs by the AdminisVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00180 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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trator, and the allocation of such costs by the Administrator to 

services provided, are not subject to judicial review. 

(2) ADJUSTMENT OF FEES.—The Administrator shall adjust 

the overflight fees established by subsection (a)(1) by expedited 

rulemaking and begin collections under the adjusted fees by 

May 1, 2010. In developing the adjusted overflight fees, the Administrator may seek and consider the recommendations offered 

by an aviation rulemaking committee for overflight fees that are 

provided to the Administrator by May 1, 2009, and are intended to ensure that overflight fees are reasonably related to 

the Administrator’s costs of providing air traffic control and related services to overflights. 

(3) AIRCRAFT ALTITUDE.—Nothing in this section shall require 

the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic 

airspace. 

(4) COSTS DEFINED.—In this subsection, the term ‘‘costs’’ includes those costs associated with the operation, maintenance, 

leasing costs, and overhead expenses of the services provided 

and the facilities and equipment used in such services, including the projected costs for the period during which the services 

will be provided. 

(5) PUBLICATION; COMMENT.—The Administrator shall publish in the Federal Register any fee schedule under this section, 

including any adjusted overflight fee schedule, and the associated collection process as an interim final rule, pursuant to 

which public comment will be sought and a final rule issued. 

* * * * * * * 

(e) ADJUSTMENTS.—In addition to adjustments under subsection 

(b), the Administrator may periodically adjust the fees established 

under this section. 

§ 45302. Fees involving aircraft not providing air transportation 

(a) * * * 

* * * * * * * 

(e) EFFECTIVE DATE.—øA fee¿ 

(1) IN GENERAL.—A fee may not be imposed under this section before the date on which the regulations prescribed under 

sections 44111(d), 44703(f)(2), and 44713(d)(2) of this title take 

effect. 

(2) EFFECT OF IMPOSITION OF OTHER FEES.—A fee may not be 

imposed for a service or activity under this section during any 

period in which a fee for the same service or activity is imposed 

under section 45305. 

* * * * * * * 

§ 45305. Registration, certification, and related fees 

(a) GENERAL AUTHORITY AND FEES.—Subject to subsection (b), the 

Administrator of the Federal Aviation Administration shall establish the following fees for services and activities of the Administration: 

(1) $130 for registering an aircraft. 


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(2) $45 for replacing an aircraft registration. 

(3) $130 for issuing an original dealer’s aircraft certificate. 

(4) $105 for issuing an aircraft certificate (other than an 

original dealer’s aircraft certificate). (5) $80 for issuing a special registration number. 

(6) $50 for issuing a renewal of a special registration number. 

(7) $130 for recording a security interest in an aircraft or aircraft part. (8) $50 for issuing an airman certificate. 

(9) $25 for issuing a replacement airman certificate. 

(10) $42 for issuing an airman medical certificate. 

(11) $100 for providing a legal opinion pertaining to aircraft 

registration or recordation. 

(b) LIMITATION ON COLLECTION.—No fee may be collected under 

this section unless the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in 

advance in an appropriations Act. 

(c) FEES CREDITED AS OFFSETTING COLLECTIONS.— (1) IN GENERAL.—Notwithstanding section 3302 of title 31, 

any fee authorized to be collected under this section shall— 

(A) be credited as offsetting collections to the account that 

finances the activities and services for which the fee is imposed; 

(B) be available for expenditure only to pay the costs of 

activities and services for which the fee is imposed; and 

(C) remain available until expended. 

(2) CONTINUING APPROPRIATIONS.—The Administrator may 

continue to assess, collect, and spend fees established under this 

section during any period in which the funding for the Federal 

Aviation Administration is provided under an Act providing 

continuing appropriations in lieu of the Administration’s regular appropriations. 

(3) ADJUSTMENTS.—The Administrator shall periodically adjust the fees established by subsection (a) when cost data from 

the cost accounting system developed pursuant to section 

45303(e) reveal that the cost of providing the service is higher 

or lower than the cost data that were used to establish the fee 

then in effect. 

* * * * * * * 

SUBPART IV—ENFORCEMENT AND PENALTIES 

* * * * * * * 

CHAPTER 463—PENALTIES 

* * * * * * * 

§ 46301. Civil penalties 

(a) GENERAL PENALTY.—(1) A person is liable to the United States Government for a civil penalty of not more than $25,000 (or 

$1,100 if the person is an individual or small business concern) for 

violating— 

(A) chapter 401 (except sections 40103(a) and (d), 40105, 

40116, and 40117), chapter 411, chapter 413 (except sections 


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41307 and 41310(b)-(f)), chapter 415 (except sections 41502, 

41505, and 41507 - 41509), chapter 417 (except sections 41703, 

41704, 41710, 41713, and 41714), chapter 419, subchapter II or 

III of chapter 421, chapter 423, chapter 441 (except section 

44109), section 44502(b) or (c), chapter 447 (except sections 

44717 and 44719 - 44723), chapter 449 (except sections 44902, 

44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), and 

44908), chapter 451, section 47107(b) (including any assurance 

made under such section), or section 47133 of this title; 

* * * * * * * 

(5) PENALTIES APPLICABLE TO INDIVIDUALS AND SMALL BUSINESS

CONCERNS.— 

(A) An individual (except an airman serving as an airman) 

or small business concern is liable to the Government for a 

civil penalty of not more than $10,000 for violating— 

(i) chapter 401 (except sections 40103(a) and (d), 40105, 

40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717-44723), øor chapter 449¿ 

chapter 449 (except sections 44902, 44903(d), 44904, and 

44907- 44909), or chapter 451 of this title; or 

* * * * * * * 

(c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of Transportation may impose a civil penalty for the following violations only 

after notice and an opportunity for a hearing: 

(A) a violation of subsection (b) of this section or chapter 411, 

chapter 413 (except sections 41307 and 41310(b)-(f)), chapter 

415 (except sections 41502, 41505, and 41507-41509), chapter 

417 (except sections 41703, 41704, 41710, 41713, and 41714), 

chapter 419, subchapter II of chapter 421, chapter 423, or section 44909 of this title. 

* * * * * * * 

(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) * * * 

(2) The Administrator of the Federal Aviation Administration 

may impose a civil penalty for a violation of chapter 401 (except 

sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), 

chapter 441 (except section 44109), section 44502(b) or (c), chapter 

447 (except sections 44717 and 44719-44723), chapter 451 (except 

section 45107) or section 46301(b), 46302 (for a violation relating to 

section 46504), 46318, 46319, or 47107(b) (as further defined by the 

Secretary under section 47107(l) and including any assurance made 

under section 47107(b)) of this title or a regulation prescribed or 

order issued under any of those provisions. The Secretary of Homeland Security may impose a civil penalty for a violation of chapter 

449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A), 

44907(d)(1)(C)-(f), 44908, and 44909), section 45107 or 46302 (except for a violation relating to section 46504), 46303, or a regulation prescribed or order issued under such chapter 449. The Secretary of Homeland Security or Administrator shall give written 

notice of the finding of a violation and the penalty. 

* * * * * * * 


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PART B—AIRPORT DEVELOPMENT AND NOISE 

* * * * * * * 

CHAPTER 471—AIRPORT DEVELOPMENT 

SUBCHAPTER I—AIRPORT IMPROVEMENT 

Sec. 

47101. Policies. 

* * * * * * * 

ø47129. Resolution of airport-air carrier disputes concerning airport fees.¿ 

47129. Resolution of airport-carrier disputes concerning airport fees. 

* * * * * * * 

SUBCHAPTER I—AIRPORT IMPROVEMENT 

§ 47101. Policies 

(a) * * * 

* * * * * * * 

(i) ADDITIONAL GOALS FOR AIRPORT MASTER PLANS.—In addition 

to the goals set forth in subsection (g)(2), the Secretary shall encourage airport sponsors and State and local officials, through Federal 

Aviation Administration advisory circulars, to consider customer 

convenience, airport ground access, and access to airport facilities 

in airport master plans. 

§ 47102. Definitions 

In this subchapter— 

(1) * * * 

* * * * * * * 

(3) ‘‘airport development’’ means the following activities, if 

undertaken by the sponsor, owner, or operator of a public-use 

airport: 

(A) * * * 

(B) acquiring for, or installing at, a public-use airport— 

(i) * * * 

* * * * * * * 

(iv) firefighting and rescue equipment at an airport 

that serves scheduled passenger operations of air carrier aircraft designed for more than ø20¿ 9 passenger 

seats; 

* * * * * * * 

(M) construction of mobile refueler parking within a fuel 

farm at a nonprimary airport meeting the requirements of 

section 112.8 of title 40, Code of Federal Regulations. 

(N) terminal development under section 47119(a). 

(O) acquiring and installing facilities and equipment to 

provide air conditioning, heating, or electric power from 

terminal-based, non-exclusive use facilities to aircraft 

parked at a public use airport for the purpose of reducing 

energy use or harmful emissions as compared to the proviVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00184 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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sion of such air conditioning, heating, or electric power 

from aircraft-based systems. 

* * * * * * * 

(5) ‘‘airport planning’’ means planning as defined by regulations the Secretary prescribes and includes integrated airport 

system planning, developing an environmental management 

system, and planning to minimize the generation of, and to recycle, airport solid waste in a manner that is consistent with 

applicable State and local recycling laws. 

* * * * * * * 

(8) ‘‘general aviation airport’’ means a public airport that is 

located in a State and that, as determined by the Secretary— 

(A) does not have scheduled service; or 

(B) has scheduled service with less that 2,500 passenger 

boardings each year. 

ø(8)¿ (9) ‘‘integrated airport system planning’’ means developing for planning purposes information and guidance to decide the extent, kind, location, and timing of airport development needed in a specific area to establish a viable, balanced, 

and integrated system of public-use airports, including— 

(A) * * * 

* * * * * * * 

ø(9)¿ (10) ‘‘landed weight’’ means the weight of aircraft 

transporting only cargo in intrastate, interstate, and foreign 

air transportation, as the Secretary determines under regulations the Secretary prescribes. 

ø(10)¿ (11) ‘‘large hub airport’’ means a commercial service 

airport that has at least 1.0 percent of the passenger 

boardings. 

ø(11)¿ (12) ‘‘low-emission technology’’ means technology for 

vehicles and equipment whose emission performance is the 

best achievable under emission standards established by the 

Environmental Protection Agency and that relies exclusively 

on alternative fuels that are substantially nonpetroleum based, 

as defined by the Department of Energy, but not excluding hybrid systems or natural gas powered vehicles. 

ø(12)¿ (13) ‘‘medium hub airport’’ means a commercial service airport that has at least 0.25 percent but less than 1.0 percent of the passenger boardings. 

ø(13)¿ (14) ‘‘nonhub airport’’ means a commercial service airport that has less than 0.05 percent of the passenger 

boardings. 

ø(14)¿ (15) ‘‘passenger boardings’’— 

(A) * * * 

* * * * * * * 

ø(15)¿ (16) ‘‘primary airport’’ means a commercial service 

airport the Secretary determines to have more than 10,000 

passenger boardings each year. 

ø(16)¿ (17) ‘‘project’’ means a project, separate projects included in one project grant application, or all projects to be undertaken at an airport in a fiscal year, to achieve airport development or airport planning. 


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ø(17)¿ (18) ‘‘project cost’’ means a cost involved in carrying 

out a project. 

ø(18)¿ (19) ‘‘project grant’’ means a grant of money the Secretary makes to a sponsor to carry out at least one project. 

ø(19)¿ (20) ‘‘public agency’’ means— 

(A) * * * 

* * * * * * * 

ø(20)¿ (21) ‘‘public airport’’ means an airport used or intended to be used for public purposes— 

(A) * * * 

* * * * * * * 

ø(21)¿ (22) ‘‘public-use airport’’ means— 

(A) * * * 

* * * * * * * 

ø(22)¿ (23) ‘‘reliever airport’’ means an airport the Secretary 

designates to relieve congestion at a commercial service airport 

and to provide more general aviation access to the overall community. 

(24) ‘‘revenue producing aeronautical support facilities’’ 

means fuel farms, hangar buildings, self-service credit card 

aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical 

support facilities that the Secretary determines will increase the 

revenue producing ability of the airport. 

ø(23)¿ (25) ‘‘small hub airport’’ means a commercial service 

airport that has at least 0.05 percent but less than 0.25 percent of the passenger boardings. 

ø(24)¿ (26) ‘‘sponsor’’ means— 

(A) * * * 

* * * * * * * 

ø(25)¿ (27) ‘‘State’’ means a State of the United States, the 

District of Columbia, Puerto Rico, the Virgin Islands, American 

Samoa, the Northern Mariana Islands, the Trust Territory of 

the Pacific Islands, and Guam. 

(28) ‘‘terminal development’’ means— 

(A) development of— 

(i) an airport passenger terminal building, including 

terminal gates; 

(ii) access roads servicing exclusively airport traffic 

that leads directly to or from an airport passenger terminal building; and 

(iii) walkways that lead directly to or from an airport passenger terminal building; and 

(B) the cost of a vehicle described in section 

47119(a)(1)(B). 

§ 47103. National plan of integrated airport systems 

(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of Transportation shall maintain the plan for developing 

public-use airports in the United States, named ‘‘the national plan 

of integrated airport systems’’. The plan shall include the kind and 

estimated cost of eligible airport development the Secretary of 

Transportation considers necessary to provide a safe, efficient, and 


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integrated system of public-use airports adequate to anticipate and 

meet the needs of civil aeronautics, to meet the national defense requirements of the Secretary of Defense, and to meet identified 

needs of the United States Postal Service. Airport development included in the plan may not be limited to meeting the needs of any 

particular classes or categories of public-use airports. In maintaining the plan, the Secretary of Transportation shall consider the 

needs of each segment of civil aviation and the relationship of 

øeach airport to—¿ the airport system to— 

(1) the rest of the transportation øsystem in the particular 

area;¿ system, including connection to the surface transportation network; and 

(2) forecasted technological developments in aeronauticsø; 

and¿. ø(3) forecasted developments in other modes of intercity 

transportation.¿ 

(b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Secretary of Transportation shall— 

(1) to the extent possible and as appropriate, consult with 

departments, agencies, and instrumentalities of the United 

States Government, with public agencies, and with the aviation communityø;¿; and 

ø(2) consider tall structures that reduce safety or airport capacity; and¿ 

ø(3)¿ (2) make every reasonable effort to address the needs 

of air cargo operationsø, Short Takeoff and Landing/Very Short 

Takeoff and Landing aircraft operations,¿ and rotary wing aircraft operations. 

* * * * * * * 

(d) PUBLICATION.—The Secretary of Transportation shall publish 

the østatus of the¿ plan every 2 years. 

§ 47104. Project grant authority 

(a) * * * 

* * * * * * * 

(c) EXPIRATION OF AUTHORITY.—After øMarch 31, 2009¿ September 30, 2012, the Secretary may not incur obligations under 

subsection (b) of this section, except for obligations of amounts— 

(1) * * * 

* * * * * * * 

§ 47106. Project grant application approval conditioned on 

satisfaction of project requirements 

(a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of 

Transportation may approve an application under this subchapter 

for a project grant only if the Secretary is satisfied that— 

(1) * * * 

* * * * * * * 

(4) the project will be completed without unreasonable delay; 

øand¿ 

(5) the sponsor has authority to carry out the project as 

proposedø.¿; and 


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(6) in any case in which the project is for an airport that has 

an airport master plan, the master plan addresses the feasibility of solid waste recycling at the airport and minimizing the 

generation of solid waste at the airport. 

* * * * * * * 

(f) COMPETITION PLANS.— 

(1) PROHIBITION.—Beginning in fiscal year 2001, no passenger facility øfee¿ charge may be approved for a covered airport under section 40117 and no grant may be made under this 

subchapter for a covered airport unless the airport has submitted to the Secretary a written competition plan in accordance with this subsection. 

(2) CONTENTS.—A competition plan under this subsection 

shall include information on the availability of airport gates 

and related facilities, leasing and sub-leasing arrangements, 

gate-use requirements, øpatterns of air service,¿ gate-assignment policy, financial constraints, airport controls over air- and 

ground-side capacity, and whether the airport intends to build 

or acquire gates that would be used as common facilitiesø, and 

airfare levels (as compiled by the Department of Transportation) compared to other large airports¿. 

* * * * * * * 

§ 47107. Project grant application approval conditioned on 

assurances about airport operations 

(a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Secretary receives written assurances, satisfactory to the Secretary, that— 

(1) * * * 

* * * * * * * 

(16) the airport owner or operator will maintain a current 

layout plan of the airport that meets the following requirements: 

(A) * * * 

* * * * * * * 

(D) when an alteration in the airport or its facility is 

made that does not conform to the approved plan and that 

the Secretary decides adversely affects the safety, utility, 

or efficiency of any property on or off the airport that is 

owned, leased, or financed by the Government, the owner 

or operator, if requested by the Secretary, will— 

(i) * * * 

(ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and of 

restoring the property or its replacement to the level 

of safety, utility, efficiency, and cost of operation that 

existed before the alteration was made, except in the 

case of a relocation or replacement of an existing airport facility that meets the conditions of section 

47110(d); 

* * * * * * * 


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(c) WRITTEN ASSURANCES ON ACQUIRING LAND.—(1) * * * 

(2) The Secretary of Transportation may approve an application 

under this subchapter for an airport development project grant 

only if the Secretary receives written assurances, satisfactory to 

the Secretary, that if an airport owner or operator has received or 

will receive a grant for acquiring land and— 

(A) if the land was or will be acquired for a noise compatibility purpose— 

(i) * * * 

* * * * * * * 

(iii) the part of the proceeds from disposing of the land 

that is proportional to the Government’s share of the cost 

of acquiring the land will be øpaid to the Secretary for deposit in the Airport and Airway Trust Fund established 

under section 9502 of the Internal Revenue Code of 1986 

(26 U.S.C. 9502) or, as the Secretary prescribes, reinvested 

in an approved noise compatibility project, including the 

purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program¿ reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under 

paragraph (4); or 

(B) if the land was or will be acquired for an airport purpose 

(except a noise compatibility purpose)— 

(i) * * * 

* * * * * * * 

(iii) the part of the proceeds from disposing of the land 

that is proportional to the Government’s share of the cost 

of acquiring the land will be reinvested, on application to 

the Secretary, in another eligible airport development 

project the Secretary approves under this subchapter or 

paid to the Secretary for deposit in øthe Fund¿ the Airport 

and Airway Trust Fund established under section 9502 of 

the Internal Revenue Code of 1986 (26 U.S.C. 9502) if another eligible project does not exist. 

* * * * * * * 

(4) PRIORITIES FOR REINVESTMENT.—In approving the reinvestment or transfer of proceeds under subsection (c)(2)(A)(iii), the Secretary shall give preference, in descending order, to the following actions: 

(A) Reinvestment in an approved noise compatibility project. 

(B) Reinvestment in an approved project that is eligible for 

funding under section 47117(e). 

(C) Reinvestment in an approved airport development project 

that is eligible for funding under section 47114, 47115, or 

47117. 

(D) Transfer to a sponsor of another public airport to be reinvested in an approved noise compatibility project at such airport. 

(E) Payment to the Secretary for deposit in the Airport and 

Airway Trust Fund. 

* * * * * * * 


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(e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSI- NESS CONCERNS.—(1) * * * 

* * * * * * * 

(8) MANDATORY TRAINING PROGRAM FOR AIRPORT CONCESSIONS.— 

(A) IN GENERAL.—Not later than one year after the date of enactment of the FAA Reauthorization Act of 2009, the Secretary 

shall establish a mandatory training program for persons described in subparagraph (C) on the certification of whether a 

small business concern in airport concessions qualifies as a 

small business concern owned and controlled by a socially and 

economically disadvantaged individual for purposes of paragraph (1). 

(B) IMPLEMENTATION.—The training program may be implemented by one or more private entities approved by the Secretary. 

(C) PARTICIPANTS.—A person referred to in paragraph (1) is 

an official or agent of an airport owner or operator who is required to provide a written assurance under paragraph (1) that 

the airport owner or operator will meet the percentage goal of 

paragraph (1) or who is responsible for determining whether or 

not a small business concern in airport concessions qualifies as 

a small business concern owned and controlled by a socially 

and economically disadvantaged individual for purposes of 

paragraph (1). 

(D) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry 

out this paragraph. 

ø(8)¿ (9) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this subsection. 

* * * * * * * 

(s) COMPETITION DISCLOSURE REQUIREMENT.— 

(1) * * * 

* * * * * * * 

(3) SUNSET PROVISION.—This subsection shall cease to be effective beginning øApril 1, 2009¿ September 30, 2012. 

§ 47108. Project grant agreements 

(a) * * * 

* * * * * * * 

(e) CHANGE IN AIRPORT STATUS.— 

(1) * * * 

* * * * * * * 

(3) CHANGES TO NONHUB PRIMARY STATUS.—If the status of 

a nonhub primary airport changes to a small hub primary airport at a time when the airport has received discretionary 

funds under this chapter for a terminal development project in 

accordance with øsection 47110(d)(2)¿ section 47119(a), and the 

project is not yet completed, the project shall remain eligible 

for funding from the discretionary fund and the small airport 

fund to pay costs allowable under øsection 47110(d)¿ section 

47119(a). Such project shall remain eligible for such funds for 

three fiscal years after the start of construction of the project, 


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191 

or if the Secretary determines that a further extension of eligibility is justified, until the project is completed. 

§ 47109. United States Government’s share of project costs 

(a) GENERAL.—Except as øprovided in subsection (b) or subsection (c) of this section¿ otherwise specifically provided in this 

section, the United States Government’s share of allowable project 

costs is— 

(1) * * * 

* * * * * * * 

(3) 90 percent for a project at any other airportø;¿; and 

ø(4) 70 percent for a project funded by the Administrator 

from the discretionary fund under section 47115 at an airport 

receiving an exemption under section 47134; and¿ 

ø(5)¿ (4) for fiscal year 2002, 100 percent for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L). 

* * * * * * * 

(e) SPECIAL RULE FOR TRANSITION FROM SMALL HUB TO MEDIUM

HUB STATUS.—If the status of a small hub airport changes to a medium hub airport, the Government’s share of allowable project costs 

for the airport may not exceed 90 percent for the first 2 fiscal years 

following such change in hub status. 

(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED COMMU- NITIES.—The Government’s share of allowable project costs shall be 

95 percent for a project at an airport that— 

(1) is receiving subsidized air service under subchapter II of 

chapter 417; and 

(2) is located in an area that meets one or more of the criteria 

established in section 301(a) of the Public Works and Economic 

Development Act of 1965 (42 U.S.C. 3161(a)), as determined by 

the Secretary of Commerce. 

§ 47110. Allowable project costs 

(a) * * * 

(b) ALLOWABLE COST STANDARDS.—A project cost is allowable— 

(1) * * * 

(2)(A) * * * 

* * * * * * * 

ø(D) if the cost is incurred after September 11, 2001, for a 

project described in section 47102(3)(J), 47102(3)(K), or 

47102(3)(L) and shall not depend upon the date of execution of 

a grant agreement made under this subchapter;¿ 

(D) if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal 

year as execution of the grant agreement, and if— 

(i) the cost was incurred before execution of the grant 

agreement due to the short construction season in the vicinity of the airport; 

(ii) the cost is in accordance with an airport layout plan 

approved by the Secretary and with all statutory and administrative requirements that would have been applicable 

to the project if the project had been carried out after execution of the grant agreement; 


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(iii) the sponsor notifies the Secretary before authorizing 

work to commence on the project; and 

(iv) the sponsor’s decision to proceed with the project in 

advance of execution of the grant agreement does not affect 

the priority assigned to the project by the Secretary for the 

allocation of discretionary funds; 

* * * * * * * 

ø(d) TERMINAL DEVELOPMENT COSTS.—(1) The Secretary may decide that the cost of terminal development (including multi-modal 

terminal development) in a nonrevenue-producing public-use area 

of a commercial service airport is allowable for an airport development project at the airport— 

ø(A) if the sponsor certifies that the airport, on the date the 

grant application is submitted to the Secretary, has— 

ø(i) all the safety equipment required for certification of 

the airport under section 44706 of this title; 

ø(ii) all the security equipment required by regulation; 

and 

ø(iii) provided for access, to the area of the airport for 

passengers for boarding or exiting aircraft, to those passengers boarding or exiting aircraft, except air carrier aircraft; 

ø(B) if the cost is directly related to moving passengers and 

baggage in air commerce within the airport, including vehicles 

for moving passengers between terminal facilities and between 

terminal facilities and aircraft; and 

ø(C) under terms necessary to protect the interests of the 

Government. 

ø(2) In making a decision under paragraph (1) of this subsection, 

the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, 

reconstruction, repair, and improvement in a nonrevenue-producing 

parking lot if— 

ø(A) except as provided in section 47108(e)(3), the airport 

does not have more than .05 percent of the total annual passenger boardings in the United States; and 

ø(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be 

deferred because of the Secretary’s approval.¿ 

(d) RELOCATION OF AIRPORT-OWNED FACILITIES.—The Secretary 

may determine that the costs of relocating or replacing an airportowned facility are allowable for an airport development project at 

an airport only if— 

(1) the Government’s share of such costs will be paid with 

funds apportioned to the airport sponsor under section 

47114(c)(1) or 47114(d); 

(2) the Secretary determines that the relocation or replacement is required due to a change in the Secretary’s design 

standards; and 

(3) the Secretary determines that the change is beyond the 

control of the airport sponsor. 

(e) LETTERS OF INTENT.—(1) * * * 

* * * * * * * 


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(5) LETTERS OF INTENT.—The Secretary may not require an eligible agency to impose a passenger facility øfee¿ charge under section 40117 in order to obtain a letter of intent under this section. 

* * * * * * * 

(h) NONPRIMARY AIRPORTS.—The Secretary may decide that the 

costs of construction of revenue producing aeronautical support 

facilitiesø, including fuel farms and hangars,¿ are allowable for an 

airport development project at a nonprimary airport if the Government’s share of such costs is paid only with funds apportioned to 

the airport sponsor under section 47114(d)(3)(A) and if the Secretary determines that the sponsor has made adequate provision 

for financing airside needs of the airport. 

* * * * * * * 

§ 47112. Carrying out airport development projects 

(a) * * * 

* * * * * * * 

(c) VETERANS’ PREFERENCE.—(1) In this subsection— 

(A) * * * 

(B) ‘‘Vietnam-era veteran’’ means an individual who served 

on active duty (as defined in section 101 of title 38) in the 

armed forces for more than 180 consecutive days, any part of 

which occurred after August 4, 1964, and before May 8, 1975, 

and who was øseparated from¿ discharged or released from active duty in the armed forces under honorable conditions. 

(C) ‘‘Afghanistan-Iraq war veteran’’ means an individual who 

served on active duty (as defined by section 101 of title 38) in 

the Armed Forces for a period of more than 180 consecutive 

days, any part of which occurred during the period beginning 

on September 11, 2001, and ending on the date prescribed by 

presidential proclamation or by law as the last date of Operation Iraqi Freedom, and who was separated from the Armed 

Forces under honorable conditions. 

(2) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must 

require that preference in the employment of labor (except in executive, administrative, and supervisory positions) be given to Vietnam-era øveterans and¿ veterans, Afghanistan-Iraq war veterans, 

and disabled veterans when they are available and qualified for the 

employment. 

(3) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must 

require that a preference be given to the use of small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 

1632)) owned and controlled by disabled veterans. 

§ 47113. Minority and disadvantaged business participation 

(a) * * * 

* * * * * * * 

(e) PERSONAL NET WORTH CAP.— (1) REGULATIONS.—Not later than 180 days after the date of 

enactment of this subsection, the Secretary shall issue final regulations to adjust the personal net worth cap used in deterVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00193 Fmt 6659 Sfmt 6603 E:\HR\OC\HR119P1.XXX HR119P1

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mining whether an individual is economically disadvantaged 

for purposes of qualifying under the definition contained in subsection (a)(2). The regulations shall correct for the impact of inflation since the Small Business Administration established the 

personal net worth cap at $750,000 in 1989. 

(2) ANNUAL ADJUSTMENT.—Following the initial adjustment 

under paragraph (1), the Secretary shall adjust, on June 30 of 

each year thereafter, the personal net worth cap to account for 

changes, occurring in the preceding 12-month period, in the 

Consumer Price Index of All Urban Consumers (United States 

city average, all items) published by the Secretary of Labor. 

§ 47114. Apportionments 

(a) * * * 

* * * * * * * 

(d) AMOUNTS APPORTIONED FOR GENERAL AVIATION AIRPORTS.— (1) * * * 

(2) APPORTIONMENT.—øExcept as provided in paragraph (3), 

the Secretary¿ The Secretary shall apportion to the States 

ø18.5 percent¿ 10 percent of the amount subject to apportionment for each fiscal year as follows: 

(A) * * * 

* * * * * * * 

ø(3) SPECIAL RULE.—In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 

or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the 

amount subject to apportionment for each fiscal year as follows: 

ø(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of— 

ø(i) $150,000; or 

ø(ii) 1/5 of the most recently published estimate of 

the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. 

ø(B) Any remaining amount to States as follows: 

ø(i) 0.62 percent of the remaining amount to Guam, 

American Samoa, the Commonwealth of the Northern 

Mariana Islands, and the Virgin Islands. 

ø(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding 

primary airports but including reliever and nonprimary commercial service airports, in States not named 

in clause (i) in the proportion that the population of 

each of those States bears to the total population of all 

of those States. 

ø(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding 

primary airports but including reliever and nonprimary commercial service airports, in States not named 

in clause (i) in the proportion that the area of each of 


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those States bears to the total area of all of those 

States.¿ 

(3) ADDITIONAL AMOUNT.— 

(A) IN GENERAL.—In addition to amounts apportioned 

under paragraph (2), and subject to subparagraph (B), the 

Secretary shall apportion to each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of— 

(i) $150,000; or 

(ii) 1⁄5 of the most recently published estimate of the 

5-year costs for airport improvement for the airport, as 

listed in the national plan of integrated airport systems 

developed by the Federal Aviation Administration 

under section 47103. 

(B) REDUCTION.—In any fiscal year in which the total 

amount made available for apportionment under paragraph (2) is less than $300,000,000, the Secretary shall reduce, on a prorated basis, the amount to be apportioned 

under subparagraph (A) and make such reduction available to be apportioned under paragraph (2), so as to apportion under paragraph (2) a minimum of $300,000,000. 

* * * * * * * 

(e) SUPPLEMENTAL APPORTIONMENT FOR ALASKA AND PUERTO

RICO.— 

(1) * * * 

* * * * * * * 

(5) PUERTO RICO MINIMUM GUARANTEE.—In any fiscal year in 

which the total amount apportioned to airports in Puerto Rico 

under subsections (c) and (d) is less than 1.5 percent of the total 

amount apportioned to all airports under subsections (c) and 

(d), the Secretary shall apportion to the Puerto Rico Ports Authority for airport development projects in such fiscal year an 

amount equal to the difference between 1.5 percent of the total 

amounts apportioned under subsections (c) and (d) in such fiscal year and the amount otherwise apportioned under subsections (c) and (d) to airports in Puerto Rico in such fiscal 

year. 

(f) REDUCING APPORTIONMENTS.— 

(1) IN GENERAL.—Subject to paragraph (3), an amount that 

would be apportioned under this section (except subsection 

(c)(2) in a fiscal year to the sponsor of an airport having at 

least .25 percent of the total number of boardings each year in 

the United States and for which a øfee¿ charge is imposed in 

the fiscal year under section 40117 of this title shall be reduced by an amount equal to— 

(A) in the case of a øfee¿ charge of $3.00 or less, 50 percent of the projected revenues from the øfee¿ charge in the 

fiscal year but not by more than 50 percent of the amount 

that otherwise would be apportioned under this section; 

øand¿ 

(B) except as provided by subparagraph (C), in the case 

of a øfee¿ charge of more than $3.00, 75 percent of the projected revenues from the øfee¿ charge in the fiscal year but 


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not by more than 75 percent of the amount that otherwise 

would be apportioned under this sectionø.¿; and 

(C) in the case of a charge of more than $4.50 imposed 

by the sponsor of an airport enplaning at least one percent 

of the total number of boardings each year in the United 

States, 100 percent of the projected revenues from the 

charge in the fiscal year but not more than 100 percent of 

the amount that otherwise would be apportioned under this 

section. 

(2) EFFECTIVE DATE OF REDUCTION.—A reduction in an apportionment required by paragraph (1) shall not take effect 

until the first fiscal year following the year in which the collection of the øfee¿ charge imposed under section 40117 is begun. 

(3) SPECIAL RULE FOR TRANSITIONING AIRPORTS.— (A) IN GENERAL.—Beginning with the fiscal year following the first calendar year in which the sponsor of an 

airport has more than .25 percent of the total number of 

boardings in the United States, the sum of the amount 

that would be apportioned under this section after application of paragraph (1) in a fiscal year to such sponsor and 

the projected revenues to be derived from the øfee¿ charge 

in such fiscal year shall not be less than the sum of the 

apportionment to such airport for the preceding fiscal year 

and the revenues derived from such øfee¿ charge in the 

preceding fiscal year. 

* * * * * * * 

§ 47115. Discretionary fund 

(a) * * * 

* * * * * * * 

(g) MINIMUM AMOUNT TO BE CREDITED.— (1) GENERAL RULE.—In a fiscal year, there shall be credited 

to the fund, out of amounts made available under section 

48103 of this title, an amount that is at least equal to øthe 

sum of— 

ø(A) $148,000,000; plus 

ø(B) the total amount required from the fund to carry 

out in the fiscal year letters of intent issued before January 1, 1996, under section 47110(e) of this title or the Airport and Airway Improvement Act of 1982.¿ sum of 

$520,000,000. 

The amount credited is exclusive of amounts that have been 

apportioned in a prior fiscal year under section 47114 of this 

title and that remain available for obligation. 

* * * * * * * 

(j) MARSHALL ISLANDS, MICRONESIA, AND PALAU.—For øfiscal 

years 2004 through 2008, and for the portion of fiscal year 2009 

ending before April 1, 2009,¿ fiscal years 2008 through 2012, the 

sponsors of airports located in the Republic of the Marshall Islands, 

Federated States of Micronesia, and Republic of Palau shall be eligible for grants under this section and section 47116. 

* * * * * * * 


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§ 47117. Use of apportioned amounts 

(a) * * * 

* * * * * * * 

(e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary 

shall use amounts available to the discretionary fund under section 

47115 of this title for each fiscal year as follows: 

(A) At least ø35 percent¿ $300,000,000 for grants for airport 

noise compatibility planning under section 47505(a)(2), for carrying out noise compatibility programs under section 47504(c), 

for noise mitigation projects approved in an environmental 

record of decision for an airport development project under this 

title, for compatible land use planning and projects carried out 

by State and local governments under section 47141, øand¿ for 

airport development described in section 47102(3)(F), 

47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act 

(42 U.S.C. 7401 et seq.), and for water quality mitigation 

projects to comply with the Federal Water Pollution Control Act 

(33 U.S.C. 1251 et seq.) as approved in an environmental record 

of decision for an airport development project under this title. 

The Secretary may count the amount of grants made for such 

planning and programs with funds apportioned under section 

47114 in that fiscal year in determining whether or not øsuch 

35 percent requirement is¿ the requirements of the preceding 

sentence are being met in that fiscal year. 

* * * * * * * 

§ 47119. Terminal development costs 

(a) TERMINAL DEVELOPMENT PROJECTS.— (1) IN GENERAL.—The Secretary may approve a project for terminal development (including multimodal terminal development) in a nonrevenue-producing public-use area of a commercial service airport— 

(A) if the sponsor certifies that the airport, on the date 

the grant application is submitted to the Secretary, has— 

(i) all the safety equipment required for certification 

of the airport under section 44706; 

(ii) all the security equipment required by regulation; 

and 

(iii) provided for access by passengers to the area of 

the airport for boarding or exiting aircraft that are not 

air carrier aircraft; 

(B) if the cost is directly related to moving passengers 

and baggage in air commerce within the airport, including 

vehicles for moving passengers between terminal facilities 

and between terminal facilities and aircraft; and 

(C) under terms necessary to protect the interests of the 

Government. 

(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREV- ENUE-PRODUCING PARKING LOTS.—In making a decision under 

paragraph (1), the Secretary may approve as allowable costs the 

expenses of terminal development in a revenue-producing area 

and construction, reconstruction, repair, and improvement in a 

nonrevenue-producing parking lot if— 


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(A) except as provided in section 47108(e)(3), the airport 

does not have more than .05 percent of the total annual 

passenger boardings in the United States; and 

(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not 

be deferred because of the Secretary’s approval. 

ø(a)¿ (b) REPAYING BORROWED MONEY.— (1) * * * 

* * * * * * * 

(3) TERMINAL DEVELOPMENT COSTS AT PRIMARY AIRPORTS.—An 

amount apportioned under section 47114 or available under subsection (b)(3) to a primary airport— 

(A) * * * 

* * * * * * * 

is available to repay immediately money borrowed and used to pay 

the costs for such terminal development if those costs would be allowable project costs under øsection 47110(d)¿ subsection (a). 

(4) CONDITIONS FOR GRANT.—An amount is available for a grant 

under this subsection only if— 

(A) the sponsor submits the certification required under øsection 47110(d)¿ subsection (a); 

* * * * * * * 

(5) APPLICABILITY OF CERTAIN LIMITATIONS.—A grant under this 

subsection shall be subject to the limitations in øsubsection (b)(1) 

and (2)¿ subsections (c)(1) and (c)(2). 

* * * * * * * 

ø(b)¿ (c) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary may make available— 

(1) * * * 

(2) on approval of the Secretary, not more than $200,000 of 

the amount that may be distributed for the fiscal year from the 

discretionary fund established under section 47115 of this 

title— 

(A) to a sponsor of a nonprimary commercial service airport to pay project costs allowable under øsection 47110(d) 

of this title¿ subsection (a); and 

(B) to a sponsor of a reliever airport for the types of 

project costs allowable under øsection 47110(d)¿ subsection 

(a), including project costs allowable for a commercial service airport that each year does not have more than .05 percent of the total boardings in the United States; 

(3) for use by a primary airport that each year does not have 

more than .05 percent of the total boardings in the United 

States, any part of amounts that may be distributed for the fiscal year from the discretionary fund and small airport fund to 

pay project costs allowable under øsection 47110(d) of this 

title¿ subsection (a); 

(4) not more than $25,000,000 to pay project costs allowable 

for the fiscal year under øsection 47110(d) of this title¿ subsection (a) for projects at commercial service airports that were 

not eligible for assistance for terminal development during the 

fiscal year ending September 30, 1980, under section 20(b) of 

the Airport and Airway Development Act of 1970; or 


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(5) to a sponsor of a nonprimary airport, any part of amounts 

apportioned to the sponsor for the fiscal year under section 

47114(d)(3)(A) for project costs allowable under øsection 

47110(d)¿ subsection (a). ø(c)¿ (d) NONHUB AIRPORTS.—With respect to a project at a commercial service airport which annually has less than 0.05 percent 

of the total enplanements in the United States, the Secretary may 

approve the use of the amounts described in subsection (a) notwithstanding the requirements of sections 47107(a)(17), 47112, and 

47113. 

ø(d)¿ (e) DETERMINATION OF PASSENGER BOARDING AT COMMER- CIAL SERVICE AIRPORTS.—For the purpose of determining whether 

an amount may be distributed for a fiscal year from the discretionary fund in accordance with subsection (b)(2)(A) to a commercial service airport, the Secretary shall make the determination of 

whether or not a public airport is a commercial service airport on 

the basis of the number of passenger boardings and type of air 

service at the public airport in the calendar year that includes the 

first day of such fiscal year or the preceding calendar year, whichever is more beneficial to the airport. 

(f) LIMITATION ON DISCRETIONARY FUNDS.—The Secretary may distribute not more than $20,000,000 from the discretionary fund 

established under section 47115 for terminal development projects 

at a nonhub airport or a small hub airport that is eligible to receive 

discretionary funds under section 47108(e)(3). 

* * * * * * * 

§ 47124. Agreements for State and local operation of airport 

facilities 

(a) * * * 

(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—ø(1) The Secretary¿ 

(1) CONTRACT TOWER PROGRAM.— (A) CONTINUATION AND EXTENSION.—The Secretary shall continue the low activity (Visual Flight Rules) level I air traffic 

control tower contract program established under subsection 

(a) of this section for towers existing on December 30, 1987, 

and extend the program to other towers as practicable. 

(B) SPECIAL RULE.—If the Secretary determines that a tower 

already operating under the program continued under this 

paragraph has a benefit to cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction 

over the airport shall not be required to pay the portion of the 

costs that exceeds the benefit for a period of 18 months after 

such determination is made. 

(C) USE OF EXCESS FUNDS.—If the Secretary finds that all or 

part of an amount made available to carry out the program 

continued under this paragraph is not required during a fiscal 

year, the Secretary may use, during such fiscal year, the 

amount not so required to carry out the program established 

under paragraph (3). 

ø(2) The Secretary¿ 

(2) GENERAL AUTHORITY.—The Secretary may make a contract 

with a qualified entity (as determined by the Secretary) or, on a 

sole source basis, with a State or a political subdivision of a State 


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to allow the entity, State, or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower 

if the Secretary decides that the entity, State, or subdivision has 

the capability to comply with the requirements of this paragraph. 

The contract shall require that the entity, State, or subdivision 

comply with applicable safety regulations in operating the facility 

and with applicable competition requirements in making a subcontract to perform work to carry out the contract. 

(3) CONTRACT AIR TRAFFIC CONTROL TOWER PROGRAM.— 

(A) * * * 

* * * * * * * 

(E) USE OF EXCESS FUNDS.—If the Secretary finds that all or 

part of an amount made available under this subparagraph is 

not required during a fiscal year to carry out this paragraph, 

the Secretary may use, during such fiscal year, the amount not 

so required to carry out the program continued under paragraph (1). 

ø(E)¿ (F) FUNDING.—Of the amounts appropriated pursuant 

to section 106(k), not more than $6,500,000 for fiscal 2004, 

$7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, 

øand¿ $8,000,000 for fiscal year 2007, $8,500,000 for fiscal year 

2008, $9,000,000 for fiscal year 2009, $9,500,000 for fiscal year 

2010, $10,000,000 for fiscal year 2011, and $10,000,000 for fiscal year 2012 may be used to carry out this paragraph. 

(4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.— 

(A) * * * 

* * * * * * * 

(C) LIMITATION ON FEDERAL SHARE.—The Federal share of 

the cost of construction of a nonapproach control tower under 

this paragraph may not exceed ø$1,500,000¿ $2,000,000. 

(c) SAFETY AUDITS.—The Secretary shall establish uniform standards and requirements for safety assessments of air traffic control 

towers that receive funding under this section. 

* * * * * * * 

§ 47128. State block grant program 

(a) GENERAL REQUIREMENTS.—The Secretary of Transportation 

shall øprescribe regulations¿ issue guidance to carry out a State 

block grant program. The øregulations¿ guidance shall provide that 

the Secretary may designate not more than 9 qualified States for 

fiscal years 2000 and 2001 and 10 qualified States for each fiscal 

year thereafter to assume administrative responsibility for all airport grant amounts available under this subchapter, except for 

amounts designated for use at primary airports. 

(b) APPLICATIONS AND SELECTION.—A State wishing to participate in the program must submit an application to the Secretary. 

The Secretary shall select a State on the basis of its application 

only after— 

(1) * * * 

* * * * * * * 

(4) finding that the State has agreed to comply with United 

States Government standard requirements for administering 

the block grant, including the National Environmental Policy 


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Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and 

guidance, and other Federal environmental requirements; and 

* * * * * * * 

(d) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIREMENTS.—A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement 

applicable to a project or activity to be carried out by a State using 

amounts from a block grant made under this section shall— 

(1) coordinate and consult with the State; 

(2) use the environmental analysis prepared by the State for 

the project or activity if such analysis is adequate; and 

(3) supplement such analysis, as necessary, to meet applicable 

Federal requirements. 

§ 47129. Resolution of airport-øair carrier¿ carrier disputes 

concerning airport fees 

(a) AUTHORITY TO REQUEST SECRETARY’S DETERMINATION.— 

(1) IN GENERAL.—The Secretary of Transportation shall issue 

a determination as to whether a fee imposed upon one or more 

øair carriers¿ air carriers or foreign air carriers ø(as defined in 

section 40102 of this title)¿ (as such terms are defined in section 40102) by the owner or operator of an airport is reasonable if— 

(A) * * * 

(B) a written complaint requesting such determination is 

filed with the Secretary by an affected øair carrier¿ air 

carrier or foreign air carrier within 60 days after such carrier receives written notice of the establishment or increase of such fee. 

* * * * * * * 

(c) DECISIONS BY SECRETARY.—The final regulations, policy statements, or guidelines required in subsection (b) shall provide the following: 

(1) Not more than 120 days after an øair carrier¿ air carrier 

or foreign air carrier files with the Secretary a written complaint relating to an airport fee, the Secretary shall issue a 

final order determining whether such fee is reasonable. 

* * * * * * * 

(d) PAYMENT UNDER PROTEST; GUARANTEE OF øAIR CARRIER¿ AIR

CARRIER AND FOREIGN AIR CARRIER ACCESS.— 

(1) PAYMENT UNDER PROTEST.— 

(A) IN GENERAL.—Any fee increase or newly established 

fee which is the subject of a complaint that is not dismissed by the Secretary shall be paid by the complainant 

øair carrier¿ air carrier or foreign air carrier to the airport 

under protest. 

(B) REFERRAL OR CREDIT.—Any amounts paid under this 

subsection by a complainant øair carrier¿ air carrier or 

foreign air carrier to the airport under protest shall be 

subject to refund or credit to the øair carrier¿ air carrier 


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or foreign air carrier in accordance with directions in the 

final order of the Secretary within 30 days of such order. 

(C) ASSURANCE OF TIMELY REPAYMENT.—In order to assure the timely repayment, with interest, of amounts in 

dispute determined not to be reasonable by the Secretary, 

the airport shall obtain a letter of credit, or surety bond, 

or other suitable credit facility, equal to the amount in dispute that is due during the 120-day period established by 

this section, plus interest, unless the airport and the complainant øair carrier¿ air carrier or foreign air carrier 

agree otherwise. 

* * * * * * * 

(2) GUARANTEE OF øAIR CARRIER¿ AIR CARRIER AND FOREIGN

AIR CARRIER ACCESS.—Contingent upon an øair carrier’s¿ air 

carrier’s or foreign air carrier’s compliance with the requirements of paragraph (1) and pending the issuance of a final 

order by the Secretary determining the reasonableness of a fee 

that is the subject of a complaint filed under subsection 

(a)(1)(B), an owner or operator of an airport may not deny an 

øair carrier¿ air carrier or foreign air carrier currently providing air service at the airport reasonable access to airport facilities or service, or otherwise interfere with an øair carrier’s¿ 

air carrier’s or foreign air carrier’s prices, routes, or services, 

as a means of enforcing the fee. 

(e) APPLICABILITY.—This section does not apply to— 

(1) a fee imposed pursuant to a written agreement with øair 

carriers¿ air carriers or foreign air carriers using the facilities 

of an airport; 

* * * * * * * 

(f) EFFECT ON EXISTING AGREEMENTS.—Nothing in this section 

shall adversely affect— 

(1) the rights of any party under any existing written agreement between an øair carrier¿ air carrier or foreign air carrier 

and the owner or operator of an airport; or 

* * * * * * * 

§ 47131. Annual report 

(a) GENERAL RULE.—Not later than øApril 1¿ June 1 of each 

year, the Secretary of Transportation shall submit to Congress a 

report on activities carried out under this subchapter during the 

prior fiscal year. The report shall include— 

ø(1) a detailed statement of airport development completed; 

ø(2) the status of each project undertaken; 

ø(3) the allocation of appropriations; 

ø(4) an itemized statement of expenditures and receipts; 

and¿ 

(1) a summary of airport development and planning completed; 

(2) a summary of individual grants issued; 

(3) an accounting of discretionary and apportioned funds allocated; 

(4) the allocation of appropriations; and 

* * * * * * * 


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§ 47133. Restriction on use of revenues 

(a) * * * 

(b) EXCEPTIONS.—øSubsection (a) shall not apply if¿ 

(1) PRIOR LAWS AND AGREEMENTS.—Subsection (a) shall not 

apply if a provision enacted not later than September 2, 1982, 

in a law controlling financing by the airport owner or operator, 

or a covenant or assurance in a debt obligation issued not later 

than September 2, 1982, by the owner or operator, provides 

that the revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, 

including the airport, be used to support not only the airport 

but also the general debt obligations or other facilities of the 

owner or operator. 

(2) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.—In the 

case of a privately owned airport, subsection (a) shall not apply 

to the proceeds from the sale of the airport to a public sponsor 

if— 

(A) the sale is approved by the Secretary; 

(B) funding is provided under this subtitle for any portion of the public sponsor’s acquisition of airport land; and 

(C) an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport 

for purposes other than land acquisition, amortized over a 

20-year period, plus an amount equal to the Federal share 

of the current fair market value of any land acquired with 

an airport improvement grant made to that airport on or 

after October 1, 1996, is repaid to the Secretary by the private owner. 

(3) TREATMENT OF REPAYMENTS.—Repayments referred to in 

paragraph (2)(C) shall be treated as a recovery of prior year obligations. 

* * * * * * * 

§ 47134. Pilot program on private ownership of airports 

(a) * * * 

(b) APPROVAL OF APPLICATIONS.—The Secretary may approve, 

with respect to not more than 5 airports, applications submitted 

under subsection (a) granting exemptions from the following provisions: 

(1) USE OF REVENUES.— 

(A) IN GENERAL.—The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) 

and 47133 of this title (and any other law, regulation, or 

grant assurance) to the extent necessary to permit the 

sponsor to recover from the sale or lease of the airport 

such amount as may be approved— 

(i) in the case of a primary airport, by at least ø65 

percent¿ 75 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air 

carriers whose aircraft landing at the airport during 

the preceding calendar year, had a total landed weight 

during the preceding calendar year of at least ø65 percent¿ 75 percent of the total landed weight of all aircraft landing at the airport during such year; or 


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(ii) in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least ø65 

percent¿ 75 percent of the owners of aircraft based at 

that airport, as determined by the Secretary; 

* * * * * * * 

(c) TERMS AND CONDITIONS.—The Secretary may approve an application under subsection (b) only if the Secretary finds that the 

sale or lease agreement includes provisions satisfactory to the Secretary to ensure the following: 

(1) * * * 

* * * * * * * 

(4) Every fee of the airport imposed on an air carrier on the 

day before the date of the lease of the airport will not increase 

faster than the rate of inflation unless a higher amount is approved— 

(A) by at least ø65 percent¿ 75 percent of the air carriers 

serving the airport; and 

(B) by air carriers whose aircraft landing at the airport 

during the preceding calendar year had a total landed 

weight during the preceding calendar year of at least ø65 

percent¿ 75 percent of the total landed weight of all aircraft landing at the airport during such year. 

* * * * * * * 

(g) PASSENGER FACILITY FEES; øAPPORTIONMENTS;¿ SERVICE

CHARGES.—Notwithstanding that the sponsor of an airport receiving an exemption under subsection (b) is not a public agency, the 

sponsor shall not be prohibited from— 

(1) imposing a passenger facility øfee¿ charge under section 

40117 of this titleø;¿; or 

ø(2) receiving apportionments under section 47114 of this 

title; or¿ 

ø(3)¿ (2) collecting reasonable rental charges, landing fees, 

and other service charges from aircraft operators under section 

40116(e)(2) of this title. 

* * * * * * * 

(n) PROHIBITION ON RECEIPT OF CERTAIN FUNDS.—An airport receiving an exemption under subsection (b) shall be prohibited from 

receiving apportionments under section 47114 or discretionary 

funds under section 47115. 

* * * * * * * 

§ 47137. Airport security program 

(a) GENERAL AUTHORITY.—To improve security at public airports 

in the United States, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall carry out not 

less than one project to test and evaluate innovative aviation security systems and related technology. 

ø(b) PRIORITY.—In carrying out this section, the Secretary shall 

give the highest priority to a request from an eligible sponsor for 

a grant to undertake a project that— 

ø(1) evaluates and tests the benefits of innovative aviation 

security systems or related technology, including explosives deVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00204 Fmt 6659 Sfmt 6601 E:\HR\OC\HR119P1.XXX HR119P1

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tection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and 

ø(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment.¿ 

(b) IMPLEMENTATION.— 

(1) IN GENERAL.—In carrying out this section, the Secretary 

of Transportation shall provide funding through a grant, contract, or another agreement described in section 106(l)(6) to a 

nonprofit consortium that— 

(A) is composed of public and private persons, including 

an airport sponsor; and 

(B) has at least 10 years of demonstrated experience in 

testing and evaluating anti-terrorist technologies at airports. 

(2) PROJECT SELECTION.—The Secretary shall select projects 

under this subsection that— 

(A) evaluate and test the benefits of innovative aviation 

security systems or related technology, including explosives 

detection systems, for the purpose of improving aviation 

and aircraft physical security, access control, and passenger and baggage screening; and 

(B) provide testing and evaluation of airport security systems and technology in an operational, testbed environment. 

(c) MATCHING SHARE.—Notwithstanding section 47109 or any 

other provision of law, the United States Government’s share of allowable project costs for a project under this section shall be 100 

percent. 

* * * * * * * 

(e) ADMINISTRATION.—The Secretary, in cooperation with the Secretary of Homeland Security, shall administer the program authorized by this section. The Secretary may enter into an agreement in 

accordance with section 106(m) to provide for the administration of 

any project under the program. 

ø(f) ELIGIBLE SPONSOR DEFINED.—In this section, the term ‘‘eligible sponsor’’ means a nonprofit corporation composed of a consortium of public and private persons, including a sponsor of a primary airport, with the necessary engineering and technical expertise to successfully conduct the testing and evaluation of airport 

and aircraft related security systems.¿ 

ø(g)¿ (f) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts 

made available to the Secretary under section 47115 in a fiscal 

year, the Secretary shall make available not less than ø$5,000,000¿ 

$8,500,000 for the purpose of carrying out this section. 

§ 47138. Pilot program for purchase of airport development 

rights 

(a) * * * 

* * * * * * * 

(f) SUNSET.—This section shall not be in effect after September 

30, 2008. 


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§ 47139. Emission credits for air quality projects 

(a) IN GENERAL.—The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall issue guidance on how to ensure that airport sponsors 

receive appropriate emission reduction credits for carrying out 

projects described in sections 40117(a)(3)(G), ø47102(3)(F),¿ 

47102(3)(K), and 47102(3)(L). Such guidance shall include, at a 

minimum, the following conditions: 

(1) * * * 

* * * * * * * 

(b) ASSURANCE OF RECEIPT OF CREDITS.—As a condition for making a grant for a project described in section ø47102(3)(F),¿ 

47102(3)(K), 47102(3)(L), or 47140 or as a condition for granting 

approval to collect or use a passenger facility øfee¿ charge for a 

project described in section 40117(a)(3)(G), ø47103(3)(F),¿ 

47102(3)(K), 47102(3)(L), or 47140, the Secretary must receive assurance from the State in which the project is located, or from the 

Administrator of the Environmental Protection Agency where there 

is a Federal implementation plan, that the airport sponsor will receive appropriate emission credits in accordance with the conditions of this section. 

* * * * * * * 

§ 47141. Compatible land use planning and projects by State 

and local governments 

(a) * * * 

* * * * * * * 

(f) SUNSET.—This section shall not be in effect after øMarch 31, 

2009¿ September 30, 2012. 

* * * * * * * 

SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC 

AIRPORTS 

§ 47151. Authority to transfer an interest in surplus property 

(a) * * * 

* * * * * * * 

(e) REQUESTS BY PUBLIC AGENCIES.—Except with respect to a request made by another department, agency, or instrumentality of 

the executive branch of the United States Government, such a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section 

47102) for surplus property described in subsection (a) ø(other than 

real property that is subject to section 2687 of title 10, section 201 

of the Defense Authorization Amendments and Base Closure and 

Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 

note))¿ for use at a public airport. 

* * * * * * * 


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SUBCHAPTER III—AVIATION DEVELOPMENT 

STREAMLINING 

* * * * * * * 

§ 47173. Airport funding of FAA staff 

(a) ACCEPTANCE OF SPONSOR-PROVIDED FUNDS.—Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may accept funds from an airport 

sponsor, including funds provided to the sponsor under section 

47114(c), to hire additional staff or obtain the øservices of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project.¿ services of consultants— 

(1) to facilitate the timely processing, review, and completion 

of environmental activities associated with an airport development project; 

(2) to conduct special environmental studies related to an airport project funded with Federal funds; 

(3) to conduct special studies or reviews to support approved 

noise compatibility measures described in part 150 of title 14, 

Code of Federal Regulations; or 

(4) to conduct special studies or reviews to support environmental mitigation in a record of decision or finding of no significant impact by the Federal Aviation Administration. 

* * * * * * * 

§ 47175. Definitions 

In this subchapter, the following definitions apply: 

(1) * * * 

(2) CONGESTED AIRPORT.—The term ‘‘congested airport’’ 

means an airport that accounted for at least 1 percent of all 

delayed aircraft operations in the United States in the most recent year for which such data is available and an airport listed 

in table 1 of the Federal Aviation Administration’s øAirport 

Capacity Benchmark Report 2001¿ 2001 and 2004 Airport Capacity Benchmark Reports or table 1 of the Federal Aviation 

Administration’s most recent airport capacity benchmark report. 

* * * * * * * 

CHAPTER 475—NOISE 

SUBCHAPTER I—NOISE ABATEMENT 

Sec. 

47501. Definitions. 

* * * * * * * 

47511. CLEEN research, development, and implementation partnership. 

SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY 

* * * * * * * 

ø47531. Penalties for violating sections 47528-47530.¿ 

47531. Penalties. 

* * * * * * * 

47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not 

complying with stage 3 noise levels. 


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SUBCHAPTER I—NOISE ABATEMENT 

* * * * * * * 

§ 47504. Noise compatibility programs 

(a) SUBMISSIONS.—(1) * * * 

(2) A program submitted under paragraph (1) of this subsection 

shall state the measures the operator has taken or proposes to take 

to reduce existing noncompatible uses and prevent introducing additional noncompatible uses in the area covered by the map. The 

measures may include— 

(A) * * * 

* * * * * * * 

(D) using flight procedures to control the operation of aircraft 

to reduce exposure of individuals to noise in the area surrounding the airport; øand¿ 

(E) acquiring land, air rights, easements, development 

rights, and other interests to ensure that the property will be 

used in ways compatible with airport operationsø.¿; and 

(F) joint comprehensive land use planning, including master 

plans, traffic studies, environmental evaluation and economic 

and feasibility studies, with neighboring local jurisdictions undertaking community redevelopment in the area where any land 

or other property interest acquired by the airport operator under 

this subsection is located, to encourage and enhance redevelopment opportunities that reflect zoning and uses that will prevent the introduction of additional incompatible uses and enhance redevelopment potential. 

* * * * * * * 

(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCEDURES.— 

(1) IN GENERAL.—In accordance with subsection (c)(1), the 

Secretary may make a grant to an airport operator to assist in 

completing environmental review and assessment activities for 

proposals to implement flight procedures at such airport that 

have been approved as part of an airport noise compatibility 

program under subsection (b). 

(2) ADDITIONAL STAFF.—The Administrator may accept funds 

from an airport operator, including funds provided to the operator under paragraph (1), to hire additional staff or obtain the 

services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with proposals to implement flight procedures at such 

airport that have been approved as part of an airport noise 

compatibility program under subsection (b). 

(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31, any funds accepted under 

this section— 

(A) shall be credited as offsetting collections to the account that finances the activities and services for which the 

funds are accepted; 

(B) shall be available for expenditure only to pay the 

costs of activities and services for which the funds are accepted; and 


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(C) shall remain available until expended. 

* * * * * * * 

§ 47511. CLEEN research, development, and implementation 

partnership 

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics and Space Administration, shall enter into a cooperative agreement, using a competitive process, with an institution, entity, or consortium to carry out a program for the development, maturing, and certification of CLEEN engine and airframe 

technology for aircraft over the next 10 years. 

(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY DEFINED.—In 

this section, the term ‘‘CLEEN engine and airframe technology’’ 

means continuous lower energy, emissions, and noise engine and 

airframe technology. 

(c) PERFORMANCE OBJECTIVE.—The Administrator of the Federal 

Aviation Administration, in coordination with the Administrator of 

the National Aeronautics and Space Administration, shall establish 

the following performance objectives for the program, to be achieved 

by September 30, 2016: 

(1) Development of certifiable aircraft technology that reduces 

fuel burn by 33 percent compared to current technology, reducing energy consumption and greenhouse gas emissions. 

(2) Development of certifiable engine technology that reduces 

landing and takeoff cycle nitrogen oxide emissions by 60 percent, at a pressure ratio of 30, over the International Civil Aviation Organization standard adopted at the 6th Meeting of the 

Committee on Aviation Environmental Protection, with commensurate reductions over the full pressure ratio range, while 

limiting or reducing other gaseous or particle emissions. 

(3) Development of certifiable aircraft technology that reduces 

noise levels by 32 Effective Perceived Noise Level in Decibels cumulative, relative to Stage 4 standards. 

(4) Determination of the feasibility of the use of alternative 

fuels in aircraft systems, including successful demonstration 

and quantification of the benefits of such fuels. 

(5) Determination of the extent to which new engine and aircraft technologies may be used to retrofit or re-engine aircraft 

to increase the integration of retrofitted and re-engined aircraft 

into the commercial fleet. 

(d) FUNDING.—Of amounts appropriated under section 48102(a), 

not more than the following amounts may be used to carry out this 

section: 

(1) $20,000,000 for fiscal year 2009. 

(2) $25,000,000 for fiscal year 2010. 

(3) $33,000,000 for fiscal year 2011. 

(4) $50,000,000 for fiscal year 2012. 

(e) REPORT.—Beginning in fiscal year 2010, the Administrator of 

the Federal Aviation Administration shall publish an annual report 

on the program established under this section until completion of 

the program. 


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SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY 

* * * * * * * 

§ 47524. Airport noise and access restriction review program 

(a) * * * 

* * * * * * * 

(e) GRANT LIMITATIONS.—Beginning on the 91st day after the 

Secretary prescribes a regulation under subsection (a) of this section, a sponsor of a facility operating under an airport noise or access restriction on the operation of stage 3 aircraft that first became effective after October 1, 1990, is eligible for a grant under 

section 47104 of this title and is eligible to impose a passenger facility øfee¿ charge under section 40117 of this title only if the restriction has been— 

(1) * * * 

* * * * * * * 

§ 47526. Limitations for noncomplying airport noise and access restrictions 

Unless the Secretary of Transportation is satisfied that an airport is not imposing an airport noise or access restriction not in 

compliance with this subchapter, the airport may not— 

(1) * * * 

(2) impose a passenger facility øfee¿ charge under section 

40117 of this title. 

* * * * * * * 

§ 47531. Penalties øfor violating sections 47528–47530¿ 

A person violating section 47528, ø47529, or 47530¿ 47529, 

47530, or 47534 of this title or a regulation prescribed under any 

of those sections is subject to the same civil penalties and procedures under chapter 463 of this title as a person violating section 

44701(a) or (b) or any of sections 44702–44716 of this title. 

§ 47532. Judicial review 

An action taken by the Secretary of Transportation under any of 

sections 47528-47531 or 47534 of this title is subject to judicial review as provided under section 46110 of this title. 

* * * * * * * 

§ 47534. Prohibition on operating certain aircraft weighing 

75,000 pounds or less not complying with stage 3 

noise levels 

(a) PROHIBITION.—Except as provided in subsection (b), (c), or (d), 

after December 31, 2013, a person may not operate a civil subsonic 

jet airplane with a maximum weight of 75,000 pounds or less, and 

for which an airworthiness certificate (other than an experimental 

certificate) has been issued, to or from an airport in the United 

States unless the Secretary of Transportation finds that the aircraft 

complies with stage 3 noise levels. 

(b) EXCEPTION.—Subsection (a) shall not apply to aircraft operated only outside the 48 contiguous States. 


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(c) EXCEPTIONS.—The Secretary may allow temporary operation of 

an airplane otherwise prohibited from operation under subsection 

(a) to or from an airport in the contiguous United States by granting a special flight authorization for one or more of the following 

circumstances: 

(1) To sell, lease, or use the aircraft outside the 48 contiguous 

States. 

(2) To scrap the aircraft. 

(3) To obtain modifications to the aircraft to meet stage 3 

noise levels. 

(4) To perform scheduled heavy maintenance or significant 

modifications on the aircraft at a maintenance facility located 

in the contiguous 48 States. 

(5) To deliver the aircraft to an operator leasing the aircraft 

from the owner or return the aircraft to the lessor. 

(6) To prepare, park, or store the aircraft in anticipation of 

any of the activities described in paragraphs (1) through (5). 

(7) To provide transport of persons and goods in the relief of 

emergency situations. 

(8) To divert the aircraft to an alternative air port in the 48 

contiguous States on account of weather, mechanical, fuel, air 

traffic control, or other safety reasons while conducting a flight 

in order to perform any of the activities described in paragraphs (1) through (7). 

(d) STATUTORY CONSTRUCTION.—Nothing in the section may be 

construed as interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be 

made by the Administration, with respect to applications under part 

161 of title 14, Code of Federal Regulations, that were pending on 

the date of enactment of this section. 

* * * * * * * 

PART C—FINANCING 

* * * * * * * 

CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND 

AUTHORIZATIONS 

§ 48101. Air navigation facilities and equipment 

(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more 

than a total of the following amounts may be appropriated to the 

Secretary of Transportation out of the Airport and Airway Trust 

Fund established under section 9502 of the Internal Revenue Code 

of 1986 (26 U.S.C. 9502) to acquire, establish, and improve air 

navigation facilities under section 44502(a)(1)(A) of this title: 

ø(1) $3,138,000,000 for fiscal year 2004; 

ø(2) $2,993,000,000 for fiscal year 2005; 

ø(3) $3,053,000,000 for fiscal year 2006; 

ø(4) $3,110,000,000 for fiscal year 2007; and 

ø(5) $1,360,188,750 for the 6-month period beginning on October 1, 2008.¿ 

(1) $3,246,000,000 for fiscal year 2009. 

(2) $3,259,000,000 for fiscal year 2010. 

(3) $3,353,000,000 for fiscal year 2011. 


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(4) $3,506,000,000 for fiscal year 2012. 

* * * * * * * 

ø(c) ENHANCED SAFETY AND SECURITY FOR AIRCRAFT OPERATIONS

IN THE GULF OF MEXICO.—Of amounts appropriated under subsection (a), such sums as may be necessary for fiscal years 2004 

through 2007 may be used to expand and improve the safety, efficiency, and security of air traffic control, navigation, low altitude 

communications and surveillance, and weather services in the Gulf 

of Mexico. 

ø(d) OPERATIONAL BENEFITS OF WAKE VORTEX ADVISORY SYS- TEM.—Of amounts appropriated under subsection (a), such sums as 

may be necessary for each of fiscal years 2004 through 2007 may 

be used for the development and analysis of wake vortex advisory 

systems. 

ø(e) GROUND-BASED PRECISION NAVIGATIONAL AIDS.—Of amounts 

appropriated under subsection (a), such sums as may be necessary 

for each of fiscal years 2004 to 2007 may be used to establish a program for the installation of a precision approach aid designed to 

improve aircraft accessibility at mountainous airports with limited 

land if the approach aid is able to provide curved and segmented 

approach guidance for noise abatement purposes and other such 

approach aids and is certified or approved by the Administrator. 

ø(f) AUTOMATED SURFACE OBSERVATION SYSTEM/AUTOMATED

WEATHER OBSERVING SYSTEM UPGRADE.—Of the amounts appropriated under subsection (a), such sums as may be necessary may 

be used for the implementation and use of upgrades to the current 

automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated. 

ø(g) LIFE-CYCLE COST ESTIMATES.—The Administrator of the 

Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total lifecycle costs of which equal or exceed $50,000,000. 

ø(h) STANDBY POWER EFFICIENCY PROGRAM.—Of amounts appropriated under subsection (a), such sums as may be necessary for 

each of fiscal years 2004 through 2007 may be used by the Secretary of Transportation, in cooperation with the Secretary of Energy and, where applicable, the Secretary of Defense, to establish 

a program to improve the efficiency, cost effectiveness, and environmental performance of standby power systems at Federal Aviation 

Administration sites, including the implementation of fuel cell technology. 

ø(i) PILOT PROGRAM TO PROVIDE INCENTIVES FOR DEVELOPMENT

OF NEW TECHNOLOGIES.—Of amounts appropriated under sub- section (a), $500,000 for fiscal year 2004 may be used for the conduct of a pilot program to provide operating incentives to users of 

the airspace for the deployment of new technologies, including technologies to facilitate expedited flight routing and sequencing of 

takeoffs and landings.¿ 

(c) WAKE VORTEX MITIGATION.—Of amounts appropriated under 

subsection (a), such sums as may be necessary for each of fiscal 

years 2009 through 2012 may be used for the development and 

analysis of wake vortex mitigation, including advisory systems. 

(d) WEATHER HAZARDS.— (1) IN GENERAL.—Of amounts appropriated under subsection 

(a), such sums as may be necessary for each of fiscal years 2009 


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through 2012 may be used for the development of in-flight and 

ground-based weather threat mitigation systems, including 

ground de-icing and anti-icing systems and other systems for 

predicting, detecting, and mitigating the effects of certain 

weather conditions on both airframes and engines. 

(2) SPECIFIC HAZARDS.—Weather conditions referred to in 

paragraph (1) include— 

(A) ground-based icing threats such as ice pellets and 

freezing drizzle; 

(B) oceanic weather, including convective weather, and 

other hazards associated with oceanic operations (where 

commercial traffic is high and only rudimentary satellite 

sensing is available) to reduce the hazards presented to 

commercial aviation, including convective weather ice crystal ingestion threats; and 

(C) en route turbulence prediction. 

(e) SAFETY MANAGEMENT SYSTEMS.—Of amounts appropriated 

under subsection (a) and section 106(k)(1), such sums as may be 

necessary for each of fiscal years 2009 through 2012 may be used 

to advance the development and implementation of safety management systems. 

(f) RUNWAY INCURSION REDUCTION PROGRAMS.—Of amounts appropriated under subsection (a), $10,000,000 for fiscal year 2009, 

$12,000,000 for fiscal year 2010, $12,000,000 for fiscal year 2011, 

and $12,000,000 for fiscal year 2012 may be used for the development and implementation of runway incursion reduction programs. 

(g) RUNWAY STATUS LIGHTS.—Of amounts appropriated under 

subsection (a), $50,000,000 for fiscal year 2009, $125,000,000 for 

fiscal year 2010, $100,000,000 for 2011, and $50,000,000 for fiscal 

year 2012 may be used for the acquisition and installation of runway status lights. 

(h) NEXTGEN SYSTEMS DEVELOPMENT PROGRAMS.—Of amounts 

appropriated under subsection (a), $41,400,000 for fiscal year 2009, 

$102,900,000 for fiscal year 2010, $104,000,000 for fiscal year 2011, 

and $105,300,000 for fiscal year 2012 may be used for systems development activities associated with NextGen. 

(i) NEXTGEN DEMONSTRATION PROGRAMS.—Of amounts appropriated under subsection (a), $28,000,000 for fiscal year 2009, 

$30,000,000 for fiscal year 2010, $30,000,000 for fiscal year 2011, 

and $30,000,000 for fiscal year 2012 may be used for demonstration 

activities associated with NextGen. 

(j) CENTER FOR ADVANCED AVIATION SYSTEM DEVELOPMENT.—Of 

amounts appropriated under subsection (a), $76,000,000 for fiscal 

year 2009, $79,000,000 for fiscal year 2010, $79,000,000 for fiscal 

year 2011, and $80,800,000 for fiscal year 2012 may be used for the 

Center for Advanced Aviation System Development. 

(k) ADDITIONAL PROGRAMS.—Of amounts appropriated under subsection (a), $21,900,000 for fiscal year 2009, $22,500,000 for fiscal 

year 2010, $22,500,000 for fiscal year 2011, and $22,500,000 for fiscal year 2012 may be used for— 

(1) system capacity, planning, and improvement; 

(2) operations concept validation; 

(3) NAS weather requirements; and 

(4) Airspace Management Lab. 


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§ 48102. Research and development 

(a) AUTHORIZATION OF APPROPRIATIONS.—Not more than the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under 

section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) 

for conducting civil aviation research and development under sections 44504, 44505, 44507, 44509, and 44511-44513 of this title: 

(1) * * * 

* * * * * * * 

(11) for fiscal year 2006, $352,157,000, including— 

(A) * * * 

* * * * * * * 

(K) $9,862,000 for Airports Technology-Safety; and 

(L) $7,906,000 for Airports Technology-Efficiency; øand¿ 

(12) for fiscal year 2007, $356,261,000, including— 

(A) * * * 

* * * * * * * 

(L) $8,000,000 for Airports Technology-Efficiency; øand¿ 

ø(13) $85,507,500 for the 6-month period beginning on October 1, 2008.¿ 

(13) for fiscal year 2009, $212,929,000, including— (A) $8,457,000 for fire research and safety; 

(B) $4,050,000 for propulsion and fuel systems; 

(C) $2,920,000 for advanced materials and structural 

safety; (D) $4,838,000 for atmospheric hazards and digital system safety; (E) $14,683,000 for aging aircraft; 

(F) $2,158,000 for aircraft catastrophic failure prevention 

research; 

(G) $11,000,000 for flightdeck maintenance, system integration, and human factors; 

(H) $12,488,000 for aviation safety risk analysis; 

(I) $15,323,000 for air traffic control, technical operations, and human factors; 

(J) $8,395,000 for aeromedical research; 

(K) $22,336,000 for weather program; 

(L) $6,738,000 for unmanned aircraft systems research; 

(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office; 

(N) $10,560,000 for wake turbulence; 

(O) $10,425,000 for NextGen—Air ground integration; 

(P) $8,025,000 for NextGen—Self separation; 

(Q) $8,049,000 for NextGen—Weather technology in the 

cockpit; 

(R) $22,939,000 for environment and energy; 

(S) $16,050,000 for NextGen—Environmental research— 

Aircraft technologies, fuels, and metrics; 

(T) $1,847,000 for system planning and resource management; and 

(U) $3,548,000 for the William J. Hughes Technical Center Laboratory Facility; 

(14) for fiscal year 2010, $214,587,000, including— 


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215 

(A) $8,546,000 for fire research and safety; 

(B) $4,075,000 for propulsion and fuel systems; 

(C) $2,965,000 for advanced materials and structural 

safety; 

(D) $4,921,000 for atmospheric hazards and digital system safety; 

(E) $14,688,000 for aging aircraft; 

(F) $2,153,000 for aircraft catastrophic failure prevention 

research; 

(G) $11,000,000 for flightdeck maintenance, system integration, and human factors; 

(H) $12,589,000 for aviation safety risk analysis; 

(I) $15,471,000 for air traffic control, technical operations, and human factors; 

(J) $8,699,000 for aeromedical research; 

(K) $23,286,000 for weather program; 

(L) $6,236,000 for unmanned aircraft systems research; 

(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office; 

(N) $10,412,000 for wake turbulence; 

(O) $10,400,000 for NextGen—Air ground integration; 

(P) $8,000,000 for NextGen—Self separation; 

(Q) $7,567,000 for NextGen—Weather technology in the 

cockpit; 

(R) $20,278,000 for environment and energy; 

(S) $19,700,000 for NextGen—Environmental research— 

Aircraft technologies, fuels, and metrics; 

(T) $1,827,000 for system planning and resource management; and 

(U) $3,674,000 for the William J. Hughes Technical Center Laboratory Facility; 

(15) for fiscal year 2011, $225,993,000, including— 

(A) $8,815,000 for fire research and safety; 

(B) $4,150,000 for propulsion and fuel systems; 

(C) $2,975,000 for advanced materials and structural 

safety; 

(D) $4,949,000 for atmospheric hazards and digital system safety; 

(E) $14,903,000 for aging aircraft; 

(F) $2,181,000 for aircraft catastrophic failure prevention 

research; 

(G) $12,000,000 for flightdeck maintenance, system integration, and human factors; 

(H) $12,497,000 for aviation safety risk analysis; 

(I) $15,715,000 for air traffic control, technical operations, and human factors; 

(J) $8,976,000 for aeromedical research; 

(K) $23,638,000 for weather program; 

(L) $6,295,000 for unmanned aircraft systems research; 

(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office; 

(N) $10,471,000 for wake turbulence; 

(O) $10,600,000 for NextGen—Air ground integration; 

(P) $8,300,000 for NextGen—Self separation; 


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216 

(Q) $8,345,000 for NextGen—Weather technology in the 

cockpit; (R) $27,075,000 for environment and energy; 

(S) $20,368,000 for NextGen—Environmental research— 

Aircraft technologies, fuels, and metrics; (T) $1,836,000 for system planning and resource management; and 

(U) $3,804,000 for the William J. Hughes Technical Center Laboratory Facility; and (16) for fiscal year 2012, $244,860,000, including— (A) $8,957,000 for fire research and safety; 

(B) $4,201,000 for propulsion and fuel systems; 

(C) $2,986,000 for advanced materials and structural 

safety; (D) $4,979,000 for atmospheric hazards and digital system safety; (E) $15,013,000 for aging aircraft; 

(F) $2,192,000 for aircraft catastrophic failure prevention 

research; 

(G) $12,000,000 for flightdeck maintenance, system integration, and human factors; (H) $12,401,000 for aviation safety risk analysis; 

(I) $16,000,000 for air traffic control, technical operations, and human factors; (J) $9,267,000 for aeromedical research; 

(K) $23,800,000 for weather program; 

(L) $6,400,000 for unmanned aircraft systems research; 

(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office; (N) $10,471,000 for wake turbulence; 

(O) $10,800,000 for NextGen—Air ground integration; 

(P) $8,500,000 for NextGen—Self separation; 

(Q) $8,569,000 for NextGen—Weather technology in the 

cockpit; (R) $44,409,000 for environment and energy; 

(S) $20,034,000 for NextGen—Environmental research— 

Aircraft technologies, fuels, and metrics; (T) $1,840,000 for system planning and resource management; and 

(U) $3,941,000 for the William J. Hughes Technical Center Laboratory Facility. 

* * * * * * * 

§ 48103. Airport planning and development and noise compatibility planning and programs 

øThe total amounts¿ (a) AVAILABILITY OF AMOUNTS.—The total 

amounts which shall be available after øSeptember 30, 2003¿ September 30, 2008, to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the 

Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants for 

airport planning and airport development under section 47104 of 

this title, airport noise compatibility planning under section 

47505(a)(2) of this title, and carrying out noise compatibility programs under section 47504(c) of this title shall be— 

ø(1) $3,400,000,000 for fiscal year 2004; 


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ø(2) $3,500,000,000 for fiscal year 2005; 

ø(3) $3,600,000,000 for fiscal year 2006; 

ø(4) $3,700,000,000 for fiscal year 2007; 

ø(5) $3,675,000,000 for fiscal year 2008; and 

ø(6) $1,950,000,000 for the 6-month period beginning on October 1, 2008.¿ 

(1) $3,900,000,000 for fiscal year 2009; 

(2) $4,000,000,000 for fiscal year 2010; 

(3) $4,100,000,000 for fiscal year 2011; and 

(4) $4,200,000,000 for fiscal year 2012. 

Such sums shall remain available until expended. 

(b) AIRPORT COOPERATIVE RESEARCH PROGRAM.—Of the amounts made available under subsection (a), $15,000,000 for each of fiscal 

years 2009 through 2012 may be used for carrying out the Airport 

Cooperative Research Program. 

(c) AIRPORTS TECHNOLOGY RESEARCH.—Of the amounts made 

available under subsection (a), $19,348,000 for each of fiscal years 

2009 through 2012 may be used for carrying out airports technology 

research. 

* * * * * * * 

§ 48114. Funding for aviation programs 

(a) AUTHORIZATION OF APPROPRIATIONS.— (1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.— ø(A) IN GENERAL.—The total budget resources made 

available from the Airport and Airway Trust Fund each 

fiscal year through fiscal year 2007 pursuant to sections 

48101, 48102, 48103, and 106(k) of title 49, United States 

Code, shall be equal to the level of receipts plus interest 

credited to the Airport and Airway Trust Fund for that fiscal year. Such amounts may be used only for aviation investment programs listed in subsection (b).¿ 

(A) IN GENERAL.—The total budget resources made available from the Airport and Airway Trust Fund each fiscal 

year through fiscal year 2012 pursuant to sections 48101, 

48102, 48103, and 106(k) shall— 

(i) in each of fiscal years 2009 and 2010, be equal to 

90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for 

that fiscal year; and 

(ii) in each of fiscal years 2011 and 2012, be equal 

to the sum of— 

(I) 90 percent of the estimated level of receipts 

plus interest credited to the Airport and Airway 

Trust Fund for that fiscal year; and 

(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the 

second preceding fiscal year minus the total 

amount made available for obligation from the 

Airport and Airway Trust Fund for the second preceding fiscal year. 

Such amounts may be used only for aviation investment 

programs listed in subsection (b). 

* * * * * * * 


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(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM

THE GENERAL FUND.—In any fiscal year through fiscal year 

ø2007¿ 2012, if the amount described in paragraph (1) is appropriated, there is further authorized to be appropriated from 

the general fund of the Treasury such sums as may be necessary for the Federal Aviation Administration Operations account. 

(b) DEFINITIONS.—In this section, the following definitions apply: 

(1) * * * 

(2) øLEVEL¿ ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST.— 

The term ‘‘ølevel of receipts plus interest¿ estimated level of receipts plus interest’’ means the level of excise taxes and interest 

credited to the Airport and Airway Trust Fund under section 

9502 of the Internal Revenue Code of 1986 for a fiscal year as 

set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency 

Deficit Control Act of 1985 (Public Law 99-177) (Treasury identification code 20-8103-0-7-402) for that fiscal year submitted 

pursuant to section 1105 of title 31, United States Code. 

(c) ENFORCEMENT OF GUARANTEES.— 

(1) * * * 

(2) CAPITAL PRIORITY.—It shall not be in order in the House 

of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that provides 

an appropriation (or any amendment thereto) for any fiscal 

year through fiscal year ø2007¿ 2012 for Research and Development or Operations if the sum of the obligation limitation for 

Grants-in-Aid for Airports and the appropriation for Facilities 

and Equipment for such fiscal year is below the sum of the authorized levels for Grants-in-Aid for Airports and for Facilities 

and Equipment for such fiscal year. 

* * * * * * * 

PART D—PUBLIC AIRPORTS 

* * * * * * * 

CHAPTER 491—METROPOLITAN WASHINGTON 

AIRPORTS 

Sec. 

49101. Findings. 

* * * * * * * 

ø49108. Limitations.¿ 

* * * * * * * 

ø§ 49108. Limitations 

øAfter March 31, 2009, the Secretary of Transportation may not 

approve an application of the Metropolitan Washington Airports 

Authority— 

ø(1) for an airport development project grant under subchapter I of chapter 471 of this title; or 


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ø(2) to impose a passenger facility fee under section 40117 

of this title.¿ 

* * * * * * * 

VISION 100—CENTURY OF AVIATION REAUTHORIZATION 

ACT 

* * * * * * * 

TITLE I—AIRPORT AND AIRWAY 

IMPROVEMENTS 

* * * * * * * 

Subtitle D—Miscellaneous 

* * * * * * * 

SEC. 186. MIDWAY ISLAND AIRPORT. 

(a) * * * 

* * * * * * * 

(d) FUNDING TO SECRETARY OF THE INTERIOR FOR MIDWAY ISLAND AIRPORT.—The Secretary of Transportation may enter into a 

reimbursable agreement with the Secretary of the Interior for the 

purpose of funding airport development, as defined in section 

47102(3) of title 49, United States Code, at Midway Island Airport 

øfor fiscal years ending before October 1, 2008, and for the portion 

of fiscal year 2009 ending before April 1, 2009,¿ October 1, 2012, 

from amounts available in the discretionary fund established by 

section 47115 of such title. The maximum obligation under the 

agreement for any such fiscal year shall be $2,500,000. 

* * * * * * * 

TITLE VII—AVIATION RESEARCH 

* * * * * * * 

SEC. 709. AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE. 

(a) ESTABLISHMENT.—(1) * * * 

(2) The director of the Office shall be the Associate Administrator 

for the Next Generation Air Transportation System, who shall be 

appointed by the Administrator of the Federal Aviation Administration. The Associate Administrator shall report to the Administrator. 

ø(2)¿ (3) The responsibilities of the Office shall include— 

(A) * * * 

* * * * * * * 

(G) facilitating the transfer of technology from research programs such as the National Aeronautics and Space Administration program and the Department of Defense Advanced Research Projects Agency program to Federal agencies with operational responsibilities and to the private sectorø; and¿; 


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(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by Federal agencies, including 

the Federal Aviation Administration, the National Aeronautics 

and Space Administration, the Department of Commerce, and 

the Department of Defenseø.¿; 

(I) establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of 

each phase of Next Generation Air Transportation System implementation activities and measuring actual operational experience against those goals, taking into account noise pollution 

reduction concerns of affected communities to the greatest extent 

practicable in establishing the environmental goals; 

(J) working to ensure global interoperability of the Next Generation Air Transportation System; 

(K) working to ensure the use of weather information and 

space weather information in the Next Generation Air Transportation System as soon as possible; 

(L) overseeing, with the Administrator of the Federal Aviation 

Administration, the selection of products or outcomes of research and development activities that would be moved to the 

next stage of a demonstration project; and 

(M) maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation enterprise architecture 

requirements. 

ø(3)¿ (4)(A) The Office shall operate in conjunction with relevant 

programs in the Department of Defense, the National Aeronautics 

and Space Administration, the Department of Commerce and the 

Department of Homeland Security. The Secretary of Transportation 

may request assistance from staff from those Departments and 

other Federal agencies. 

(B) The Secretary of Defense, the Administrator of the National 

Aeronautics and Space Administration, the Secretary of Commerce, 

the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in 

the agency to be responsible for— 

(i) carrying out the activities of the agency relating to the 

Next Generation Air Transportation System in coordination 

with the Office, including the execution of all aspects of the 

work of the agency in developing and implementing the integrated work plan described in subsection (b)(5); 

(ii) serving as a liaison for the agency in activities of the 

agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in 

activities relating to the System; and 

(iii) ensuring that the agency meets its obligations as set forth 

in any memorandum of understanding executed by or on behalf 

of the agency relating to the Next Generation Air Transportation System. 

(C) The head of a Federal agency referred to in subparagraph (B) 

shall ensure that— 

(i) the responsibilities of the agency relating to the Next Generation Air Transportation System are clearly communicated to 


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the senior official of the agency designated under subparagraph 

(B); and 

(ii) the performance of the senior official in carrying out the 

responsibilities of the agency relating to the Next Generation 

Air Transportation System is reflected in the official’s annual 

performance evaluations and compensation. 

(D) The head of a Federal agency referred to in subparagraph (B) 

shall— 

(i) establish or designate an office within the agency to carry 

out its responsibilities under the memorandum of understanding under the supervision of the designated official; and 

(ii) ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency’s 

Next Generation Air Transportation System responsibilities as 

set forth in the integrated plan under subsection (b). 

(E) Not later than 6 months after the date of enactment of this 

subparagraph, the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under 

subsection (b) shall execute a memorandum of understanding with 

the Office obligating that agency to carry out the activity. 

ø(4)¿ (5) In developing and carrying out its plans, the Office shall 

consult with the public and ensure the participation of experts from 

the private sector including representatives of commercial aviation, 

general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and 

the space industry. 

(6)(A) The Office shall work with the Director of the Office of 

Management and Budget to develop a process whereby the Director 

will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) 

and consider the Next Generation Air Transportation System as a 

unified, cross-agency program. 

(B) The Director, to the maximum extent practicable, shall— 

(i) ensure that— 

(I) each Federal agency covered by the plan has sufficient 

funds requested in the President’s budget, as submitted 

under section 1105(a) of title 31, United States Code, for 

each fiscal year covered by the plan to carry out its responsibilities under the plan; and 

(II) the development and implementation of the Next Generation Air Transportation System remains on schedule; 

(ii) include, in the President’s budget, a statement of the portion of the estimated budget of each Federal agency covered by 

the plan that relates to the activities of the agency under the 

Next Generation Air Transportation System initiative; and 

(iii) identify and justify as part of the President’s budget submission any inconsistencies between the plan and amounts requested in the budget. 

(7) The Associate Administrator of the Next Generation Air Transportation System shall be a voting member of the Joint Resources 

Council of the Federal Aviation Administration. 

(b) INTEGRATED PLAN.—The integrated plan shall be designed to 

ensure that the Next Generation Air Transportation System 

ømeets air¿ meets anticipated future air transportation safety, security, mobility, efficiency, and capacity needs øbeyond those curVerDate Nov 24 2008 05:39 May 20, 2009 Jkt 079006 PO 00000 Frm 00221 Fmt 6659 Sfmt 6601 E:\HR\OC\HR119P1.XXX HR119P1

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rently included in the Federal Aviation Administration’s operational evolution plan¿ and accomplishes the goals under subsection (c). The integrated plan shall include— 

(1) a national vision statement for an air transportation system capable of meeting potential air traffic demand by 2025; 

* * * * * * * 

(3) a multiagency research and development roadmap for creating the Next Generation Air Transportation System with the 

characteristics outlined under clause (ii), including— 

(A) * * * 

* * * * * * * 

(C) the technical milestones that will be used to evaluate 

the activities; øand¿ 

(4) a description of the operational concepts to meet the system performance requirements for all system users and a 

timeline and anticipated expenditures needed to develop and 

deploy the system to meet the vision for 2025ø.¿; and 

(5) a multiagency integrated work plan for the Next Generation Air Transportation System that includes— 

(A) an outline of the activities required to achieve the 

end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each 

activity in the outline; 

(B) details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the 

Next Generation Air Transportation System; 

(C) for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what 

is to be accomplished in that year toward meeting the Next 

Generation Air Transportation System’s end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each 

Federal agency or other entity that will be responsible for 

each component of any research, development, or implementation program; 

(D) an estimate of all necessary expenditures on a yearby-year basis, including a statement of each Federal agency 

or entity’s responsibility for costs and available resources, 

for each stage of development from the basic research stage 

through the demonstration and implementation phase; 

(E) a clear explanation of how each step in the development of the Next Generation Air Transportation System 

will lead to the following step and of the implications of not 

successfully completing a step in the time period described 

in the integrated work plan; 

(F) a transition plan for the implementation of the Next 

Generation Air Transportation System that includes datespecific milestones for the implementation of new capabilities into the national airspace system; 

(G) date-specific timetables for meeting the environmental 

goals identified in subsection (a)(3)(I); and 


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(H) a description of potentially significant operational or 

workforce changes resulting from deployment of the Next 

Generation Air Transportation System. 

* * * * * * * 

ø(d) REPORTS.—The Administrator of the Federal Aviation Administration shall transmit to the Committee on Commerce, 

Science, and Transportation in the Senate and the Committee on 

Transportation and Infrastructure and the Committee on Science 

in the House of Representatives— 

ø(1) not later than 1 year after the date of enactment of this 

Act, the integrated plan required in subsection (b); and 

ø(2) annually at the time of the President’s budget request, 

a report describing the progress in carrying out the plan required under subsection (b) and any changes to that plan.¿ 

(d) NEXTGEN IMPLEMENTATION PLAN.—The Administrator of the 

Federal Aviation Administration shall develop and publish annually the document known as the ‘‘NextGen Implementation Plan’’, or 

any successor document, that provides a detailed description of how 

the agency is implementing the Next Generation Air Transportation 

System. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Office $50,000,000 for each of the fiscal 

years 2004 through ø2010¿ 2012. 

SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY 

COMMITTEE. 

(a) IN GENERAL.—The Secretary of Transportation shall establish 

a senior policy committee to work with the Next Generation Air 

Transportation System Joint Planning and Development Office. 

The senior policy committee shall be chaired by the Secretary and 

shall meet at least twice each year. 

* * * * * * * 

(e) ANNUAL REPORT.— 

(1) SUBMISSION TO CONGRESS.—Not later than one year after 

the date of enactment of this subsection, and annually thereafter on the date of submission of the President’s budget request 

to Congress under section 1105(a) of title 31, United States 

Code, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Science and 

Technology of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a report summarizing the progress made in carrying out the integrated work plan required by section 709(b)(5) and any changes 

in that plan. 

(2) CONTENTS.—The report shall include— 

(A) a copy of the updated integrated work plan; 

(B) a description of the progress made in carrying out the 

integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget; 

(C) a detailed description of— 

(i) the success or failure of each item of the integrated work plan for the previous year and relevant information as to why any milestone was not met; and 


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(ii) the impact of not meeting the milestone and what 

actions will be taken in the future to account for the 

failure to complete the milestone; 

(D) an explanation of any change to future years in the 

integrated work plan and the reasons for such change; and 

(E) an identification of the levels of funding for each 

agency participating in the integrated work plan devoted to 

programs and activities under the plan for the previous fiscal year and in the President’s budget request. 

* * * * * * * 

RAILWAY LABOR ACT 

TITLE I—DEFINITIONS 

SECTION 1. When used in this Act and for the purposes of this 

Act— 

First. The term ‘‘carrier’’ includes any railroad subject to the jurisdiction of the Surface Transportation Board ø, any express company that would have been subject to subtitle IV of title 49, United 

States Code, as of December 31, 1995,¿, and any company which 

is directly or indirectly owned or controlled by or under common 

control with any carrier by railroad and which operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation, receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, and handling of property transported by railroad, and any receiver, trustee, 

or other individual or body, judicial or otherwise, when in the possession of the business of any such ‘‘carrier’’: Provided, however, 

That the term ‘‘carrier’’ shall not include any street, interurban, or 

suburban electric railway unless such railway is operating as a 

part of a general steam-railroad system of transportation, but shall 

not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. 

The Surface Transportation Board is hereby authorized and directed upon request of the Mediation Board or upon complaint of 

any party interested to determine after hearing whether any line 

operated by electric power falls within the terms of this proviso. 

The term ‘‘carrier’’ shall not include any company by reason of its 

being engaged in the mining of coal, the supplying of coal to a carrier where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities. 

Second. The term ‘‘Adjustment Board’’ means the National Railroad Adjustment Board created by this Act. 

Third. The term ‘‘Mediation Board’’ means the National Mediation Board created by this Act. 

Fourth. The term ‘‘commerce’’ means commerce among the several States or between any State, Territory, or the District of Columbia and any foreign nation, or between any Territory or the 

District of Columbia and any State, or between any Territory and 

any other Territory, or between any Territory and the District of 

Columbia, or within any Territory or the District of Columbia or 

between points in the same State but through any other State or 

any Territory or the District of Columbia or any foreign nation. 


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Fifth. The term ‘‘employee’’ as used herein includes every person 

in the service of a carrier (subject to its continuing authority to supervise and direct the manner of rendition of his service) who performs any work defined as that of an employee or subordinate official in the orders of the Surface Transportation Board now in effect, and as the same may be amended or interpreted by orders 

hereafter entered by the Board pursuant to the authority which is 

hereby conferred upon it to enter orders amending or interpreting 

such existing orders: Provided, however, That no occupational classification made by order of the Surface Transportation Board shall 

be construed to define the crafts according to which railway employees may be organized by their voluntary action, nor shall the 

jurisdiction or powers of such employee organizations be regarded 

as in any way limited or defined by the provisions of this Act or 

by the orders of the Board. 

The term ‘‘employee’’ shall not include any individual while such 

individual is engaged in the physical operations consisting of the 

mining of coal, the preparation of coal, the handling (other than 

movement by rail with standard railroad locomotives) of coal not 

beyond the mine tipple, or the loading of coal at the tipple. 

Sixth. The term ‘‘representative’’ means any person or persons, 

labor union, organization, or corporation designated either by a carrier or group of carriers or by its or their employees, to act for it 

or them. 

Seventh. The term ‘‘district court’’ includes the United States 

District Court for the District of Columbia; and the term ‘‘court of 

appeals’’ includes the Court of Appeals of the District of Columbia. 

This Act may be cited as the ‘‘Railway Labor Act’’. 

* * * * * * * 

TITLE II 

SEC. 201. øAll¿ (a) IN GENERAL.—All of the provisions of title I 

of this Act, except the provisions of section 3 thereof, are extended 

to and shall cover every common carrier by air and every express 

carrier engaged in interstate or foreign commerce, and every carrier by air transporting mail for or under contract with the United 

States Government, and every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his service. 

(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 

(1) IN GENERAL.—An employee of an express carrier shall be 

covered by this Act only if that employee is in a position that 

is eligible for certification under part 61, 63, or 65 of title 14, 

Code of Federal Regulations, and only if that employee performs duties for the express carrier that are eligible for such 

certification. All other employees of an express carrier shall be 

covered by the provisions of the National Labor Relations Act 

(29 U.S.C. 151 et seq.). 

(2) AIR CARRIER STATUS.—Any person that is an express carrier shall be governed by paragraph (1) notwithstanding any 

finding that the person is also a common carrier by air. 

(3) EXPRESS CARRIER DEFINED.—In this section, the term ‘‘express carrier’’ means any person (or persons affiliated through 


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common control or ownership) whose primary business is the 

express shipment of freight or packages through an integrated 

network of air and surface transportation. 

* * * * * * * 


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(234) 

MINORITY VIEWS OF MR. MICA, MR. PETRI, MR. COBLE, MR. 

DUNCAN, MR. EHLERS, MR. MORAN (OF KANSAS), MR. 

BROWN, MR. PLATTS, MR. GRAVES, MR. SHUSTER, MR. 

BOOZMAN, MS. MOORE CAPITO, MR. GERLACH, MR. DIAZBALART, MR. DENT, MR. MACK, MR. WESTMORELAND, MS. 

SCHMIDT, MS. MILLER, MS. FALLIN, MR. BUCHANAN, MR. 

LATTA, MR. GUTHRIE, MR. CAO, MR. SCHOCK AND MR. 

OLSON 

The reauthorization of the Federal Aviation Administration 

(FAA) has historically been a bipartisan effort. The very nature of 

air transportation and the shared goal of safe, efficient and accessible air travel have traditionally resulted in an inclusive and bipartisan process and work product. Unfortunately, for the first 

time in over two decades, the FAA Reauthorization bill being reported out by the Committee was not introduced as a bipartisan 

bill. 

We acknowledge it is vitally important that the Federal Aviation 

Administration (FAA) be reauthorized. It has been over 18 months 

since the last reauthorization expired in September 2007. Since 

that time, the FAA has been working on a series of short-term extensions. At the end of September 2009, when the current FAA extension expires, it will be the longest period of time in the last 

twenty years that the FAA has gone without a reauthorization. 

H.R. 915 does include important provisions to address air traffic 

control modernization, staffing, small community air service, environmental improvements, and passenger rights. However, H.R. 915 

is a partisan bill due to the inclusion of several controversial and 

costly provisions. These provisions were included despite the Minority’s efforts to reach out to the Majority to work together to resolve our concerns. We believed that such an effort would have 

been productive given the drastically changed circumstances since 

September 2007 when the House passed H.R. 2881, the FAA Reauthorization bill of 2007. 

So, while H.R. 915 has many good provisions, there are several 

provisions included by the Majority that we believe are very problematic from both a policy and a procedural perspective. We strongly oppose the inclusion of these provisions in H.R. 915 for the following reasons. 

The first provision is the ‘‘NATCA provision’’ which would repeal 

the FAA impasse process contained in current law (the same rules 

that were in place in 1998 when NATCA negotiated a very favorable contract); require the FAA and National Air Traffic Controllers Association (NATCA) to negotiate for 45 days; and, if negotiations fail, require binding arbitration pursuant to an impasse process set up by the provision. The ‘‘NATCA provision’’ would also 

reach back and void all contracts that were in impasse since July 

2005, reinstate both the air traffic controller and multi-unit 


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NATCA contracts, and provide up to $20 million for lost pay and 

benefits. 

Of equal concern, the impasse process set up by the NATCA provision is untested and leaves many issues unaddressed. Because of 

this uncertainty, we anticipate years of lengthy and costly litigation at the end of any binding arbitration process. At the very 

least, the $1.86 billion that the FAA and NATCA agreed would be 

saved by the 2006 contract will be lost because the NATCA provision reinstates the terms of the 1998 contract (and all the raises 

and premium pay) until a final resolution is achieved. 

The Congressional Budget Office (CBO) estimates that fully 

funding the proposed changes in the NATCA provision would require additional appropriations of $83 million in 2009 and about $1 

billion during the four-year period (2009–2012) authorized by the 

bill. Additionally, CBO states, ‘‘Relative to current law, CBO expects that reinstating those agreements [agreements in impasse 

since July 2005] would increase FAA’s spending for compensation 

and benefits by an average of 12 percent for more than 9,000 individuals that were employed by the FAA before the end of 2006. We 

also estimate that FAA’s costs for compensating and providing benefits for roughly 5,500 individuals hired since 2006, including those 

hired between the date of enactment of H.R. 915 and the conclusion of the dispute resolution process would increase by about 40 

percent.’’ CBO assumes that the dispute resolution process will conclude within about six months of H,R. 915’s enactment and indicates that Federal costs incurred while that process unfolds would 

be greater if it takes longer. 

We believe that the ‘‘NATCA provision’’ sets a terrible precedent. 

By legislatively altering the contract negotiation proceedings almost three years after the contract was implemented, Congress 

wrongly inserts itself into the middle of a labor dispute between 

the FAA and NATCA and puts the entire FAA Reauthorization 

process in jeopardy. 

We believe that the right approach is to have the parties sit 

down together and settle the issues through one-on-one negotiations. Since January 2007, we have encouraged the parties to take 

this approach. We remain firmly committed to this approach to resolving the issues in dispute. With the change in Administration, 

President Obama and Secretary LaHood can administratively meet, 

negotiate and reach a mutually agreeable and fiscally responsible 

settlement agreement with NATCA, That is the best way to resolve 

this matter. 

We support amending the FAA labor impasse process going forward and allowing binding arbitration. However, it is important to 

note that if Congress does not appropriate funds to cover salaries, 

the FAA will be forced to find that money somewhere else. This in 

turn will lead to less money for other FAA employees and programs. The budget pressures this provision imposes will also 

threaten important capacity and modernization projects. Therefore, 

any change to the FAA labor impasse process must be fair, transparent, and balanced, and must be considered in the context of the 

entire Federal budget while considering the role of Congress in appropriating funding. 


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There is no question that air traffic controllers are hard working 

professionals who do an outstanding job each and every day. They 

are also very well compensated for their good work. According to 

FAA data for fiscal year 2008, the average controller base salary 

was $107,700 (includes locality pay); the average cash compensation was $125,300 (includes base salary and premium pay); and the 

total average cash compensation and benefits was $166,100. Controllers’ earnings far exceed other FAA employees, whose average 

pay and benefits in fiscal year 2008 was $127,122. Between 1998 

and 2008, air traffic controller compensation increased by an astounding 74%. In that same time period, the pay gap between FAA 

controllers and other FAA employees grew from 24% to 31%. Controllers’ salaries also exceed the salaries of other Federal employees 

in equally or more stressful professions, such as fire fighters, police 

officers and military controllers. By way of comparison, military air 

traffic controllers in combat zones (U.S. Air Force Staff Sergeant 

with 10 years service) make roughly $36,964. The average FAA 

controller makes over $166,000. 

We are very concerned that the ‘‘NATCA provision’’ is not intended to address the needs of the Nation’s air transportation system. Rather, by inserting itself into labor negotiations, voiding the 

2006 contract and reinstating the terms of the 1998 contract, Congress is putting the cost of maintaining the controllers’ salary increases on others. In order to cover the controller salaries and back 

pay, other FAA employee groups would suffer furloughs and budget 

cuts and the FAA would be unable to hire much needed new controllers. The FAA’s efforts to modernize the air traffic control system would also be a victim of budget cuts. Future delays and congestion in the system will go unaddressed and will be the unacceptable costs borne by the traveling public. If flying becomes unbearable, the entire aviation industry will be harmed and the one million jobs created by the industry will also be in jeopardy. 

We believe that the ‘‘NATCA provision’’ is both unfair and ex- tremely costly, almost $1 billion over four years. The provision’s 

impact on other FAA employees, the ongoing air traffic control 

modernization effort, and much needed safety and capacity projects 

would also be unacceptable. At the same time, however, we remain 

very much in favor of prospectively amending the current FAA 

labor impasse process in a way that is fair, cost effective, and reasonable for everyone. We also encourage the FAA and NATCA to 

continue settlement discussions and to reach a mutually acceptable 

settlement of the matters in dispute, 

The second controversial provision is the ‘‘FedEx provision.’’ This 

provision would change the labor laws that apply to FedEx Express—an express carrier. When FedEx Express was organized 

back in 1971, it began as an airline, and as such was covered under 

the Railway Labor Act—as are all rail and air companies. FedEx 

Express expanded its operations over the years and is now an integrated cargo operation with trucking operations dependent on its 

air carrier operations. In 1995, the Ninth Circuit Court of Appeals 

affirmed that FedEx is an integrated operation. 

The Railway Labor Act (RLA) differs from the National Labor 

Relations Act (NLRA) in that coverage is national in scope, whereas under the NLRA workers can organize on a local basis. The RLA 


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recognizes the national scope of certain transportation services and 

the national disruption that can occur if there were to be a strike 

by a local unit within the national organization. This is particularly 

true in light of the fact that with a National and now global aviation industry, a strike by a local unit within a national organization could have far reaching and very disruptive and detrimental 

impacts to the U.S. economy. 

Unions are free to organize employees at FedEx Express (the airline) under the RLA. In fact, the only union at FedEx was organized under the RLA. The Air Line Pilots Association, Int’l (ALPA) 

organized FedEx Express pilots. FedEx Ground, which is a totally 

separate company from FedEx Express, is governed by the NLRA. 

Under the NLRA, unions can organize local bargaining units. To 

date, other than FedEx Express pilots, FedEx employees have chosen not to have union representation as is their right. 

Much has been said about a provision included the 1996 FAA reauthorization bill. Some might believe that Congress changed the 

law so that FedEx Express was first covered by the Railway Labor 

Act in 1996. That is not true. As stated previously, FedEx Express 

has been covered by the Railway Labor Act since it was founded 

in 1971. 

What the 1996 provision did was correct the unintended consequences of a conforming amendment that was included in the 

ICC Termination Act of 1995. For economic regulation purposes, 

the 1995 law eliminated the distinction between carriers so that 

‘‘express carriers’’ was no longer referred to for economic regulation 

purposes. A conforming amendment to the Railway Labor Act was 

discovered sometime later to have had an impact on the Railway 

Labor Act and how it affected FedEx Express. The provision included in the 1996 FAA reauthorization bill was to correct an unintentional drafting error (mistakenly eliminating ‘‘express companies’’ from any statutes, including the RLA, thinking it as an archaic term like ‘‘steamship companies’’ for example). 

From a procedural perspective, we are very concerned that the 

‘‘FedEx provision’’ ignores Congressional intent, targets one company; and has not been subject to public hearings, discussion or debate. The provision abandons Congress’s balanced approach in 

labor organization matters and ignores the longstanding Congressional principles of hearings and appropriate procedure. Furthermore, it has potential unintended and adverse consequences that 

have never been considered or discussed in public hearings. 

We also have concerns about a provision that was accepted as 

part of the Manager’s Amendment during the full committee markup. The Manager’s Amendment, offered by Chairman Oberstar, included an Airline Alliance Antitrust Immunity provision (‘‘ATI provision’’) that was never the subject of any public hearings, discussion or debate. This provision requires the Comptroller General to 

study the legal requirements and policies followed by the Department of Transportation (DOT) in deciding whether to approve 

international alliances and grant exemptions from the antitrust 

law in connection with alliances. 

However, the ATI provision does not just require a study. It also 

sunsets existing grants of antitrust immunity related to international alliances on or before the last day of the three-year period 


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beginning on the date of enactment unless the exemption is renewed by the Secretary. 

The ATI provision fundamentally changes the DOT’s antitrust 

immunity and air carrier alliance review processes and policies. Its 

impact on the Department of Justice’s review policies is unclear. 

The provision ultimately could terminate existing grants of antitrust immunity granted after scrutinized review by both Department of Transportation and Department of Justice. Such a fundamental change in law, which arguably legalizes a process for abrogating agreements between the Government and its regulated entities, deserves greater Congressional scrutiny and debate. 

Finally, other provisions of concern to us include overseas repair 

stations, OSHA standards for crews on board aircraft, and aircraft 

rescue and fire fighting standards for airports. We believe that 

these provisions should be further vetted to ensure their practical 

application. While we might agree with the sentiment of the provisions, which are intended to address safety issues, the language 

was written without regard to the huge costs and burdens on a 

struggling airline industry and airport community. The overseas 

repair stations provision has the potential to threaten the United 

States’ bilateral aviation agreements with foreign countries. Additionally, the inclusion of the overseas repair stations provision has 

resulted in the European Union indicating that costly retaliatory 

actions would follow if the provision is enacted. The Committee 

ought to have hearings to discuss these issues thoroughly before 

mandating compliance. It is our responsibility to fully explore the 

practical application of these mandates and their potential unintended consequences. 

For these reasons, we oppose the inclusion of the ‘‘NATCA provision,’’ the ‘‘FedEx provision,’’ the Airline Alliance Antitrust Immunity provision, and the overseas repair stations, OSHA standards 

for crews on board aircraft, and aircraft rescue and fire fighting 

standards for airports provisions in H.R. 915 as reported out of 

Committee. 

JOHN L. MICA. THOMAS E. PETRI. HOWARD COBLE. VERNON J. EHLERS. JOHN J. DUNCAN, Jr. 

SHELLEY MOORE CAPITO. MARY FALLIN. 

VERN BUCHANAN. 

LYNN A. WESTMORELAND. 

SAM GRAVES. 

BRETT GUTHRIE. 

JOHN BOOZMAN. 

PETE OLSON. 

JERRY MORAN. 

CHARLES W. DENT. 

BILL SHUSTER. 

AARON SCHOCK. 

ANH J. CAO. 

TODD R. PLATTS. 

HENRY E. BROWN, Jr. 


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CONNIE MACK. JIM GERLACH. JEAN SCHMIDT. ROBERT E. LATTA. CANDICE E. MILLER. MARIO DIAZ-BALART. 

Æ 


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