79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–126 

PROVIDING FOR CONSIDERATION OF 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 

MAY 20, 2009.—Referred to the House Calendar and ordered to be printed 

Mr. ARCURI, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 464] 

The Committee on Rules, having had under consideration House 

Resolution 464, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 915, the ‘‘FAA 

Reauthorization Act,’’ under a structured rule providing one hour 

of general debate equally divided and controlled by the chair and 

ranking minority member of the Committee on Transportation and 

Infrastructure. 

The resolution waives all points of order against consideration of 

the bill except those arising under clause 9 or 10 of rule XXI. The 

resolution provides that, in lieu of the amendment in the nature of 

a substitute recommended by the Committee on Transportation 

and Infrastructure, the amendment in the nature of a substitute 

printed in part A of this report, modified by the amendment printed in part B of this report, shall be considered as adopted in the 

House and in the Committee of the Whole. The bill, as amended, 

shall be considered as the original bill for purpose of further 

amendment and shall be considered as read. The resolution waives 

all points of order against provisions in the bill, as amended. This 

waiver does not affect the point of order available under clause 9 

of rule XXI (regarding earmark disclosure). 

The resolution makes in order only those amendments printed in 

part C of this report. Amendments so printed may be offered only 

in the order printed in the report, may be offered only by a Member designated in this report, shall be considered as read, shall be 


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debatable for the time specified in this report equally divided and 

controlled by a proponent and an opponent, shall not be subject to 

amendment, and shall not be subject to a demand for division of 

the question in the House or in the Committee of the Whole. The 

resolution waives all points of order against such amendments except those arising under clause 9 or 10 of rule XXI. The resolution 

provides one motion to recommit the bill with or without instructions. 

Finally, section 2 of the resolution provides that the chair of the 

Committee on Transportation is authorized to file a supplemental 

report to accompany H.R. 915. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except those arising under clause 9 or 10 of rule XXI) includes a 

waiver of: section 306 of the Congressional Budget Act (matters 

within Budget Committee jurisdiction), section 425 of the Congressional Budget Act (intergovernmental mandates exceed threshold 

levels), and clause 4(a) of rule XIII (requiring a three-day layover 

of the committee report). The waiver of all points of order against 

provisions in the bill, as amended, includes a waiver of clause 4 of 

rule XXI (appropriating on legislative bills). 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 99 

Date: May 20, 2009. 

Measure: H.R. 915. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Lummis (WY), #26, which 

would strike subsections (b) through (e) of section 311 (aircraft rescue and firefighting standard). 

Results: Defeated 2–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Cardoza— 

Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Polis—Nay; 

Dreier—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 100 

Date: May 20, 2009. 

Measure: H.R. 915. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Schock (IL)/Minnick (ID)/Boren 

(OK)/Coble (NC), #20, which would clarify that section 303 (foreign 

repair stations) is applied in a manner consistent with our international agreements. 

Results: Defeated 2–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Cardoza— 

Nay; Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Polis—Nay; 

Dreier—Yea; Foxx—Yea; Slaughter—Nay. 


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SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

The substitute amendment is identical to the bill as reported by 

the Committee on Transportation and Infrastructure except that it 

includes a provision (section 602) that would apply the Back Pay 

Act to Federal Aviation Administration employees. In general, the 

amendment provides funding for FAA capital programs between 

fiscal year 2009 and FY 2012. The $70 billion provided would allocate $16.2 billion for the Airport Improvement Program (AIP), 

$13.4 billion for FAA Facilities and Equipment (F&E), $38.9 billion 

for FAA Operations, and $1.35 billion for Research, Engineering, 

and Development (RE&D). 

SUMMARY OF AMENDMENT IN PART B TO BE CONSIDERED AS ADOPTED

The amendment would extend for 3 years the Airport and Airway 

Trust Fund taxes applicable to the transportation of persons by air, 

the transportation of property by air, and fuel (aviation-grade kerosene and aviation gasoline) used in commercial aviation. The 

amendment would increase the taxes applicable to fuel used in 

noncommercial aviation from 21.8 cents/gallon to 35.9 cents/gallon 

in the case of aviation-grade kerosene and from 19.3 cents/gallon 

to 24.1 cents/gallon for aviation gasoline. These rates do not include the 0.1 cent/gallon Leaking Underground Storage Tank tax. 

The amendment would raise $599 million from fiscal years 2010 to 

2014 and raise $1.324 billion from fiscal years 2010 to 2019. 

SUMMARY OF AMENDMENTS IN PART C TO BE MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Oberstar (MN) Would (1) make technical corrections; (2) add 

a new section regarding participation of disadvantaged business 

enterprises in contracts, subcontracts, and business opportunities 

funded using passenger facility revenues and in airport concessions; (3) require the FAA to hold discussions with countries that 

have foreign repair stations to harmonize safety standards; (4) clarify that the foreign repair station section (section 303) is an exercise of the rights of the United States under an international agreement; (5) require the FAA to conduct a rulemaking to improve the 

safety of flight crewmembers, medical personnel, and passengers 

aboard helicopters providing air ambulance services under federal 

regulations; (6) establish within the FAA an Aviation Safety Whistleblower Office to assess and investigate complaints regarding 

aviation safety; (7) clarify that passengers may not smoke in intrastate and interstate aircraft; (8) require air carriers to permit passengers to carry musical instruments under certain circumstances; 

(9) permit the Secretary to make grants to airport operators and 

units of local government for soundproofing certain buildings; (10) 

require the FAA to initiate research and development work on effective air cleaning and sensor technology for the engine and auxiliary power unit for bleed air supplied to the passenger cabin and 

flight deck; (11) require the owner or operator of a large hub airport to publish on the Internet a phone number to receive aviation 

noise complaints and report such complaints to the FAA; (12) authorize the Secretary to grant releases from terms of the August 

28, 1973 conveyance from the United States to St. George, Utah, 

for airport purposes; (13) require the FAA to ensure that any air 


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traffic control tower or facility in operation at Palm Beach International Airport after September 30, 2009, or to replace such tower 

or facility placed into operation before such date, includes an operating terminal radar approach control; (14) addresses the safety 

concerns at Santa Monica Airport. (20 minutes) 

2. Lee, Christopher (NY)/Slaughter (NY)/Higgins (NY) Would require GAO, within 3 months of enactment, to initiate a study into 

commercial airline pilot training and certification programs. The 

GAO shall submit the report to Congress within 12 months of the 

study’s initiation. (10 minutes) 

3. Richardson (CA) Would require the Transportation Secretary, 

within 180 days of enactment, to issue regulations to require each 

air carrier to provide each of its passengers an option to receive a 

text message (or other comparable electronic service), subject to 

any fees applicable under the contract of the passenger for the electronic service, from the air carrier consisting of a notification of any 

change in the status of the flight of such passenger prior to boarding. This would only apply to air carriers that earn at least onepercent of the domestic passenger service revenue. (10 minutes) 

4. Burgess (TX) Would express the sense of Congress that FAA 

whistleblowers be granted the full protection of the law. (10 minutes) 

5. Cuellar (TX)/Ortiz (TX)/McCaul (TX) Would direct the FAA 

Administrator to study the FAA radar signal locations and their 

impact on the development of renewable energy technologies, and 

to make recommendations as necessary for relocation of FAA radars and testing and deployment as needed. (10 minutes) 

6. McCaul (TX) Would prohibit authorized funds from being used 

to name a project or program for an individual then serving as a 

Member, Delegate, Resident Commissioner, or Senator of the 

United States Congress. (10 minutes) 

7. Murphy, Christopher (CT) Would provide that when conducting an appraisal for purchase or property under the Airport 

Improvement Program, the appraisal must not consider either the 

increased or decreased value of the property due to the property’s 

inclusion in a potential project. (10 minutes) 

8. Cassidy (LA) Would amend section 417 (review of air carrier 

flight delays, cancellations, and associated causes) so that the Inspector General study includes the effect that limited air carrier 

service operations on routes have on the frequency of delays and 

cancellations on such routes. (10 minutes) 

9. Kilroy (OH) Would require the GAO to study, within one year 

of enactment, the effectiveness of FAA oversight activities related 

to preventing or mitigating the effects of dense continuous smoke 

in the cockpit of commercial aircraft. (10 minutes) 

10. Frelinghuysen (NJ) Would require the FAA to study the proposed New York/New Jersey/Philadelphia Class B modification design change. The study shall determine the effect of the change on 

the environment, with an emphasis on airplane noise. The study 

shall state whether the change was considered in conjunction with 

the New York/New Jersey/Philadelphia Airspace Redesign. (10 

minutes) 

11. Lowey (NY)/Engel (NY)/Hall, John (NY) Would direct the 

FAA to initiate a rulemaking process to determine the authorizaVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000004 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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tion of Westchester County Airport to reinstate limits on overnight 

aircraft operations. (10 minutes) 

12. Ackerman (NY)/Crowley (NY) Would provide that Congress 

finds the FAA did not follow FAA policy statements in determining 

whether the proposed College Point Marine Transfer Station in 

New York if constructed would constitute a hazard to air navigation. It also would require the FAA Administrator to take such actions as may be necessary to designate the proposed College Point 

Marine Transfer Station in New York City, New York, as a hazard 

to air navigation. (10 minutes) 

PART A: TEXT OF THE AMENDMENT TO BE CONSIDERED AS ADOPTED

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. 

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. 


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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. 

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. 


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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. Applicability of back pay requirements. 

Sec. 603. MSPB remedial authority for FAA employees. 

Sec. 604. FAA technical training and staffing. 

Sec. 605. Designee program. 

Sec. 606. Staffing model for aviation safety inspectors. 

Sec. 607. Safety critical staffing. 

Sec. 608. FAA air traffic controller staffing. 

Sec. 609. Assessment of training programs for air traffic controllers. 

Sec. 610. Collegiate training initiative study. 

Sec. 611. 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. 


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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. 

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. 


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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.— 

‘‘(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 inflight 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— 


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‘‘(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 ap- propriated 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 appro- priated 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— 


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(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 airline 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; 


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‘‘(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; 

‘‘(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; 


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‘‘(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— 


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‘‘(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).’’. 

(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’’; 


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(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 

(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. 


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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: 

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ports 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 

(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 


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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. 

‘‘(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. 


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‘‘(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.’’. 


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(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: 

‘‘(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 folVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000020 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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lowing: ‘‘, 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— 

(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 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.’’. 

SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 

(a) ALLOWABLE PROJECT COSTS.—Section 47110(b)(2)(D) is 

amended to read as follows: 


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‘‘(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 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.’’. 

(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. 


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‘‘(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.’’. 

(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.— 


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‘‘(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.’’. 

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 


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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— 


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(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.— 

‘‘(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’’. 


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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’’; 

(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: 


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‘‘(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 revenue-producing 

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)’’; 


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(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 

(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 AU- THORITY.—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 FedVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000029 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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eral 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— 

(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; 


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(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

TRANSPORTATION 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 


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‘‘(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— 

‘‘(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: 


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33 

‘‘(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; 

‘‘(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 

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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 

‘‘(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 


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35 

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 

‘‘(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 surveillancebroadcast (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 


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36 

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-toair 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 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 ComVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000036 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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mittee 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 


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38 

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 

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 


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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; 

(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 


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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-to-ground 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— 


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(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 

(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. 


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(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 

(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: 


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(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 

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quest 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.’’. 

(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.— 


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(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 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 issuance of improved pilot licenses under 

this section. 


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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 


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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 

Occupational Safety and Health Administration, labor organizations representing flight attendants, air carriers, and other interested persons. 


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‘‘(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— 

(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 


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(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 


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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. 

(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; 


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(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). 

(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 


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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 


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‘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. 

‘‘(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 


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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 regarding its inspection and certification decisions and other lawful actions of 

its safety inspectors. 


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(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 secVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000055 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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tion 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 

(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. 


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(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 


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(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: 

‘‘(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.’’. 

(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 comVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000059 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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pensation 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 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 TransporVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000060 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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tation 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 


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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 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 


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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. 


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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. 

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. 


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‘‘(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 CON- TRACTS.— 

(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, 


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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. 

(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 


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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.— 


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‘‘(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. 

(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. 


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(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). 


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(3) STANDARDS FOR RENEWALS.—The Secretary shall make a 

decision on whether to renew an exemption under paragraph 

(1) based on the policies of 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: 


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‘‘(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 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, 

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ing 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 

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ment 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.’’. 

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: 


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‘‘§ 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.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such subchapter is 

amended by adding at the end the following: 

‘‘47511. CLEEN research, development, and implementation partnership.’’. 


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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’’. 


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(3) The analysis for chapter 475 is amended— 

(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 airportrelated 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. 


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(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 publicuse 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. 

(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 


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(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. 


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(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), including 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. 


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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. 

‘‘(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. 


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‘‘(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, 


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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 for pay that the employees 

would have received under the last mutual agreement 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. APPLICABILITY OF BACK PAY REQUIREMENTS. 

(a) APPLICABILITY OF BACK PAY REQUIREMENTS.—Section 

40122(g)(2) is amended— 

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

(2) by striking the period at the end of subparagraph (H) and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(I) section 5596, relating to back pay.’’. 

(b) APPLICABILITY.— 

(1) IN GENERAL.—The amendment made by subsection (a) 

shall apply to— 

(A) all proceedings pending on, or commenced after, the 

date of enactment of this Act in which an employee of the 

Federal Aviation Administration is seeking relief under 


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section 5596 of title 5, United States Code, that was available as of March 31, 1996; and 

(B) subject to paragraph (2), personnel actions of the 

Federal Aviation Administration under section 5596 of 

such title occurring before the date of enactment of this 

Act. 

(2) SPECIAL RULE.—The authority of the Merit Systems Protection Board to provide a remedy under section 5596 of such 

title, with respect to a personnel action of the Federal Aviation 

Administration occurring before the date of enactment of this 

Act, shall be limited to cases in which— 

(A) the Board, before such date of enactment, found that 

the Federal Aviation Administration committed an unjustified or unwarranted personnel action but ruled that the 

Board did not have the authority to provide a remedy for 

the personnel action under section 5596 of such title; and 

(B) a petition for review is filed with the clerk of the 

Board not later than 6 months after such date of enactment. 

SEC. 603. 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. 604. 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 costeffective 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 


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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, 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. 605. 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 

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veillance programs in place to properly oversee these programs. 

SEC. 606. 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. 607. 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 the Aircraft Certification Service (as such terms are used in the Administration’s fiscal year 

2009 congressional budget justification). 

SEC. 608. 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 

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tion 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. 609. 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. 610. 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 

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tration 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. 611. 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.— (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, 


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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; 

(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. 


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(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— 


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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.’’. 

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,’’. 

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: 


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‘‘§ 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, 


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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.). 

‘‘(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; 


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(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 under this subsection shall be 

credited as offsetting any liability of the United States to pay 


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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— 


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(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. 

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 airVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000099 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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port 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 

Department of Transportation and Public Facilities of the State of 


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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 secVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000101 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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tion 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. 

(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; 


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(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 


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(C) any other issue relating to helicopter operations on 

residential areas. 

(2) The feasibility of diverting helicopters from residential 

areas. 

(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)— 


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(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. 

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 Web-based 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 


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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 allcargo 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: 


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‘‘(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 

(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 

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space 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— 

(1) the programs have well-defined, prioritized, and appropriate research objectives; 


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(2) the programs are properly coordinated with the energyand environment-related 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 


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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’’). 

(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 broadbased 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 


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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. 

PART B: TEXT OF THE AMENDMENT TO BE CONSIDERED AS ADOPTED

At the end of the bill, add the following new title: 

TITLE X—AIRPORT AND AIRWAY TRUST 

FUND FINANCING 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Airport and Airway Trust Fund 

Financing Act of 2009’’. 

SEC. 1002. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. 

(a) RATE OF TAX ON AVIATION-GRADE KEROSENE AND AVIATION

GASOLINE.— 

(1) AVIATION-GRADE KEROSENE.—Subparagraph (A) of section 

4081(a)(2) of the Internal Revenue Code of 1986 (relating to 

rates of tax) is amended by striking ‘‘and’’ at the end of clause 

(ii), by striking the period at the end of clause (iii) and inserting ‘‘, and’’, and by adding at the end the following new clause: 

‘‘(iv) in the case of aviation-grade kerosene, 35.9 

cents per gallon.’’. 

(2) AVIATION GASOLINE.—Clause (ii) of section 4081(a)(2)(A) 

of such Code is amended by striking ‘‘19.3 cents’’ and inserting 

‘‘24.1 cents’’. 

(3) FUEL REMOVED DIRECTLY INTO FUEL TANK OF AIRPLANE

USED IN NONCOMMERCIAL AVIATION.—Subparagraph (C) of section 4081(a)(2) of such Code is amended to read as follows: 

‘‘(C) TAXES IMPOSED ON FUEL USED IN COMMERCIAL AVIATION.—In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel 

tank of an aircraft for use in commercial aviation by a person registered for such use under section 4101, the rate of 

tax under subparagraph (A)(iv) shall be 4.3 cents per gallon.’’. 

(4) CONFORMING AMENDMENTS.— 


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(A) Clause (iii) of section 4081(a)(2)(A) of such Code is 

amended by inserting ‘‘other than aviation-grade kerosene’’ 

after ‘‘kerosene’’. 

(B) The following provisions of such Code are each 

amended by striking ‘‘kerosene’’ and inserting ‘‘aviationgrade kerosene’’: 

(i) Section 4081(a)(3)(A)(ii). 

(ii) Section 4081(a)(3)(A)(iv). 

(iii) Section 4081(a)(3)(D). 

(C) Section 4081(a)(3)(D) of such Code is amended— 

(i) by striking ‘‘paragraph (2)(C)(i)’’ in clause (i) and 

inserting ‘‘paragraph (2)(C)’’, and 

(ii) by striking ‘‘paragraph (2)(C)(ii)’’ in clause (ii) 

and inserting ‘‘paragraph (2)(A)(iv)’’. 

(D) Section 4081(a)(4) of such Code is amended— 

(i) by striking ‘‘paragraph (2)(C)(i)’’ and inserting 

‘‘paragraph (2)(C)’’, and 

(ii) by striking ‘‘KEROSENE’’ in the heading and inserting ‘‘AVIATION-GRADE KEROSENE’’. 

(E) Section 4081(d)(2) of such Code is amended by inserting ‘‘, (a)(2)(A)(iv),’’ after ‘‘subsections (a)(2)(A)(ii)’’. 

(b) EXTENSION.— (1) FUELS TAXES.—Paragraph (2) of section 4081(d) of such 

Code is amended by striking ‘‘gallon—’’ and all that follows and 

inserting ‘‘gallon after September 30, 2012’’. 

(2) TAXES ON TRANSPORTATION OF PERSONS AND PROPERTY.— (A) PERSONS.—Clause (ii) of section 4261(j)(1)(A) of such 

Code is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2012’’. 

(B) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) of 

such Code is amended by striking ‘‘September 30, 2009’’ 

and inserting ‘‘September 30, 2012’’. 

(c) EXEMPTION FOR AVIATION-GRADE KEROSENE REMOVED INTO

AN AIRCRAFT.—Subsection (e) of section 4082 of such Code is 

amended— 

(1) by striking ‘‘kerosene’’ and inserting ‘‘aviation-grade kerosene’’, 

(2) by striking ‘‘section 4081(a)(2)(A)(iii)’’ and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and 

(3) by striking ‘‘KEROSENE’’ in the heading and inserting 

‘‘AVIATION-GRADE KEROSENE’’. 

(d) RETAIL TAX ON AVIATION FUEL.— 

(1) EXEMPTION FOR PREVIOUSLY TAXED FUEL.—Paragraph (2) 

of section 4041(c) of such Code is amended by inserting ‘‘at the 

rate specified in subsection (a)(2)(A)(iv) thereof’’ after ‘‘section 

4081’’. 

(2) RATE OF TAX.—Paragraph (3) of section 4041(c) of such 

Code is amended to read as follows: 

‘‘(3) RATE OF TAX.—The rate of tax imposed by this subsection shall be the rate of tax in effect under section 

4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any sale 

or use for commercial aviation).’’. 

(e) REFUNDS RELATING TO AVIATION-GRADE KEROSENE.— 

(1) KEROSENE USED IN COMMERCIAL AVIATION.—Clause (ii) of 

section 6427(l)(4)(A) of such Code is amended by striking ‘‘specVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000113 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

smartinez on PROD1PC70 with REPORTS
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ified in section 4041(c) or 4081(a)(2)(A)(iii), as the case may 

be,’’ and inserting ‘‘so imposed’’. 

(2) KEROSENE USED IN AVIATION.—Paragraph (4) of section 

6427(l) of such Code is amended— 

(A) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B), and 

(B) by amending subparagraph (B), as redesignated by 

subparagraph (A), to read as follows: 

‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED VENDOR.— 

With respect to any kerosene used in aviation (other than 

kerosene to which paragraph (6) applies), if the ultimate 

purchaser of such kerosene waives (at such time and in 

such form and manner as the Secretary shall prescribe) 

the right to payment under paragraph (1) and assigns such 

right to the ultimate vendor, then the Secretary shall pay 

(without interest) the amount which would be paid under 

paragraph (1) to such ultimate vendor, but only if such ultimate vendor— 

‘‘(i) is registered under section 4101, and 

‘‘(ii) meets the requirements of subparagraph (A), 

(B), or (D) of section 6416(a)(1).’’. 

(3) AVIATION-GRADE KEROSENE NOT USED IN AVIATION.—Subsection (l) of section 6427 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after 

paragraph (4) the following new paragraph: 

‘‘(5) REFUNDS FOR AVIATION-GRADE KEROSENE NOT USED IN

AVIATION.—If tax has been imposed under section 4081 at the 

rate specified in section 4081(a)(2)(A)(iv) and the fuel is used 

other than in an aircraft, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal 

to the amount of tax imposed on such fuel reduced by the 

amount of tax that would be imposed under section 4041 if no 

tax under section 4081 had been imposed.’’. 

(4) CONFORMING AMENDMENTS.— 

(A) Section 6427(i)(4) of such Code is amended— 

(i) by striking ‘‘paragraph (4)(C) or (5)’’ both places 

it appears and inserting ‘‘paragraph (4)(B) or (6)’’, and 

(ii) by striking ‘‘, (l)(4)(C)(ii), and (l)(5)’’ and inserting ‘‘and (l)(6)’’. 

(B) Section 6427(l)(1) of such Code is amended by striking ‘‘paragraph (4)(C)(i)’’ and inserting ‘‘paragraph 

(4)(B)(i)’’. 

(C) Section 4082(d)(2)(B) of such Code is amended by 

striking ‘‘6427(l)(5)(B)’’ and inserting ‘‘6427(l)(6)(B)’’. 

(f) AIRPORT AND AIRWAY TRUST FUND.— 

(1) EXTENSION OF TRUST FUND AUTHORITIES.— 

(A) EXPENDITURES FROM TRUST FUND.—Paragraph (1) of 

section 9502(d) of such Code is amended— 

(i) by striking ‘‘October 1, 2009’’ in the matter preceding subparagraph (A) and inserting ‘‘October 1, 

2012’’, and 

(ii) by inserting ‘‘or the FAA Reauthorization Act of 

2009’’ before the semicolon at the end of subparagraph 

(A). 


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115 

(B) LIMITATION ON TRANSFERS TO TRUST FUND.—Paragraph (2) of section 9502(e) of such Code is amended by 

striking ‘‘October 1, 2009’’ and inserting ‘‘October 1, 2012’’. 

(2) TRANSFERS TO TRUST FUND.—Subparagraph (C) of section 

9502(b)(1) of such Code is amended to read as follows: 

‘‘(C) section 4081 with respect to aviation gasoline and 

aviation-grade kerosene, and’’. 

(3) TRANSFERS ON ACCOUNT OF CERTAIN REFUNDS.— (A) IN GENERAL.—Subsection (d) of section 9502 of such 

Code is amended— 

(i) by striking ‘‘(other than subsection (l)(4) thereof)’’ 

in paragraph (2), and 

(ii) by striking ‘‘(other than payments made by reason of paragraph (4) of section 6427(l))’’ in paragraph 

(3). 

(B) CONFORMING AMENDMENTS.— (i) Section 9503(b)(4) of such Code is amended by 

striking ‘‘or’’ at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma, and by inserting after subparagraph 

(D) the following: 

‘‘(E) section 4081 to the extent attributable to the rate 

specified in clause (ii) or (iv) of section 4081(a)(2)(A), or 

‘‘(F) section 4041(c).’’. 

(ii) Section 9503(c) of such Code is amended by 

striking the last paragraph (relating to transfers from 

the Trust Fund for certain aviation fuel taxes). 

(iii) Section 9502(a) of such Code is amended by 

striking ‘‘, section 9503(c)(7),’’. 

(4) TRANSFERS ON ACCOUNT OF AVIATION-GRADE KEROSENE

NOT USED IN AVIATION.—Section 9502(d) of such Code is 

amended by adding at the end the following new paragraph: 

‘‘(7) TRANSFERS FROM AIRPORT AND AIRWAY TRUST FUND ON

ACCOUNT OF AVIATION-GRADE KEROSENE NOT USED IN AVIATION.—The Secretary of the Treasury shall pay from time to 

time from the Airport and Airway Trust Fund into the Highway Trust Fund amounts as determined by the Secretary of 

the Treasury equivalent to amounts transferred to the Airport 

and Airway Trust Fund with respect to aviation-grade kerosene not used in aviation.’’. 

(5) EXPENDITURES FOR AIR TRAFFIC CONTROL MODERNIZATION.—Section 9502(d) of such Code, as amended by this title, 

is amended by adding at the end the following new paragraph: 

‘‘(8) EXPENDITURES FOR AIR TRAFFIC CONTROL MODERNIZATION.—The following amounts may be used only for making expenditures to carry out air traffic control modernization: 

‘‘(A) So much of the amounts appropriated under subsection (b)(1)(C) as the Secretary estimates are attributable to— 

‘‘(i) 14.1 cents per gallon of the tax imposed at the 

rate specified in section 4081(a)(2)(A)(iv) in the case of 

aviation-grade kerosene used other than in commercial 

aviation (as defined in section 4083(b)), and 

‘‘(ii) 4.8 cents per gallon of the tax imposed at the 

rate specified in section 4081(a)(2)(A)(ii) in the case of 


smartinez on PROD1PC70 with REPORTS
116 

aviation gasoline used other than in commercial aviation (as so defined). 

‘‘(B) Any amounts credited to the Airport and Airway 

Trust Fund under section 9602(b) with respect to amounts 

described in this paragraph.’’. 

(g) EFFECTIVE DATE.— (1) MODIFICATIONS.—Except as provided in paragraph (2), 

the amendments made by this section shall apply to fuels removed, entered, or sold after December 31, 2009. 

(2) EXTENSIONS.—The amendments made by subsections (b) 

and (f)(1) shall take effect on the date of the enactment of this 

Act. 

(h) FLOOR STOCKS TAX.— (1) IMPOSITION OF TAX.—In the case of aviation fuel which is 

held on January 1, 2010, by any person, there is hereby imposed a floor stocks tax on aviation fuel equal to— 

(A) the tax which would have been imposed before such 

date on such fuel had the amendments made by this section been in effect at all times before such date, reduced 

by 

(B) the sum of— 

(i) the tax imposed before such date on such fuel 

under section 4081 of the Internal Revenue Code of 

1986, as in effect on such date, and 

(ii) in the case of kerosene held exclusively for such 

person’s own use, the amount which such person 

would (but for this clause) reasonably expect (as of 

such date) to be paid as a refund under section 6427(l) 

of such Code with respect to such kerosene. 

(2) LIABILITY FOR TAX AND METHOD OF PAYMENT.— (A) LIABILITY FOR TAX.—A person holding aviation fuel 

on January 1, 2010, shall be liable for such tax. 

(B) TIME AND METHOD OF PAYMENT.—The tax imposed by 

paragraph (1) shall be paid on April 30, 2010, and in such 

manner as the Secretary of the Treasury shall prescribe. 

(3) TRANSFER OF FLOOR STOCK TAX REVENUES TO TRUST

FUNDS.—For purposes of determining the amount transferred 

to the Airport and Airway Trust Fund, the tax imposed by this 

subsection shall be treated as imposed by the provision of section 4081 of the Internal Revenue Code of 1986 which applies 

with respect to the aviation fuel involved. 

(4) DEFINITIONS.—For purposes of this subsection— 

(A) AVIATION FUEL.—The term ‘‘aviation fuel’’ means 

aviation-grade kerosene and aviation gasoline, as such 

terms are used within the meaning of section 4081 of the 

Internal Revenue Code of 1986. 

(B) HELD BY A PERSON.—Aviation fuel shall be considered as held by a person if title thereto has passed to such 

person (whether or not delivery to the person has been 

made). 

(C) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Treasury or the Secretary’s delegate. 

(5) EXCEPTION FOR EXEMPT USES.—The tax imposed by paragraph (1) shall not apply to any aviation fuel held by any person exclusively for any use to the extent a credit or refund of 


smartinez on PROD1PC70 with REPORTS
117 

the tax is allowable under the Internal Revenue Code of 1986 

for such use. 

(6) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL.— 

(A) IN GENERAL.—No tax shall be imposed by paragraph 

(1) on any aviation fuel held on January 1, 2010, by any 

person if the aggregate amount of such aviation fuel held 

by such person on such date does not exceed 2,000 gallons. 

The preceding sentence shall apply only if such person 

submits to the Secretary (at the time and in the manner 

required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. 

(B) EXEMPT FUEL.—For purposes of subparagraph (A), 

there shall not be taken into account any aviation fuel 

held by any person which is exempt from the tax imposed 

by paragraph (1) by reason of paragraph (6). 

(C) CONTROLLED GROUPS.—For purposes of this subsection— 

(i) CORPORATIONS.— 

(I) IN GENERAL.—All persons treated as a controlled group shall be treated as 1 person. 

(II) CONTROLLED GROUP.—The term ‘‘controlled 

group’’ has the meaning given to such term by 

subsection (a) of section 1563 of such Code; except 

that for such purposes the phrase ‘‘more than 50 

percent’’ shall be substituted for the phrase ‘‘at 

least 80 percent’’ each place it appears in such 

subsection. 

(ii) NONINCORPORATED PERSONS UNDER COMMON

CONTROL.—Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. 

(7) OTHER LAWS APPLICABLE.—All provisions of law, including penalties, applicable with respect to the taxes imposed by 

section 4081 of such Code on the aviation fuel involved shall, 

insofar as applicable and not inconsistent with the provisions 

of this subsection, apply with respect to the floor stock taxes 

imposed by paragraph (1) to the same extent as if such taxes 

were imposed by such section. 

PART C: TEXT OF THE AMENDMENTS TO BE MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OBERSTAR

OF MINNESOTA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 6, strike line 18. 

Page 6, line 19, strike ‘‘(2)’’ and insert ‘‘(1)’’. 

Page 6, line 20, strike ‘‘(3)’’ and insert ‘‘(2)’’. 

Page 6, line 21, strike ‘‘(4)’’ and insert ‘‘(3)’’. 

Page 7, line 7, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 7, line 12, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 7, line 16, strike ‘‘March 31’’ and insert ‘‘September 30’’. 

Page 7, after line 17, insert the following: 


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118 

(d) RESCISSION OF UNOBLIGATED BALANCES.—Of the amounts authorized under sections 48103 and 48112 of title 49, United States 

Code, for fiscal year 2009, $305,500,000 are hereby rescinded. Of 

the unobligated balances from funds available under such sections 

for fiscal years prior to fiscal year 2009, $102,000,000 are hereby 

rescinded. 

Page 7, strike line 22. 

Page 7, line 23, strike ‘‘(2)’’ and insert ‘‘(1)’’. 

Page 7, line 24, strike ‘‘(3)’’ and insert ‘‘(2)’’. 

Page 7, line 25, strike ‘‘(4)’’ and insert ‘‘(3)’’. 

Page 8, line 6, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 8, line 12, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 9, line 9, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 9, line 13, strike ‘‘$10,000,000 for fiscal year 2009,’’. 

Page 9, lines 19 and 20, strike ‘‘$50,000,000 for fiscal year 2009,’’. 

Page 10, line 1, strike ‘‘$41,400,000 for fiscal year 2009,’’. 

Page 10, lines 6 and 7, strike ‘‘$28,000,000 for fiscal year 2009,’’. 

Page 10, line 13, strike ‘‘$76,000,000 for fiscal year 2009,’’. 

Page 10, lines 18 and 19, strike ‘‘$21,900,000 for fiscal year 

2009,’’. 

Page 11, strike line 6. 

Page 11, line 7, strike ‘‘(B)’’ and insert ‘‘(A)’’. 

Page 11, line 8, strike ‘‘(C)’’ and insert ‘‘(B)’’. 

Page 11, line 10, strike ‘‘(D)’’ and insert ‘‘(C)’’. 

Page 11, line 17, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 12, line 6, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 12, line 15, strike ‘‘2009,’’. 

Page 13, strike line 3 and all that follows through line 19 on 

page 14. 

Page 14, line 20, strike ‘‘(14)’’ and insert ‘‘(13)’’. 

Page 16, line 12, strike ‘‘(15)’’ and insert ‘‘(14)’’. 

Page 18, line 6, strike ‘‘(16)’’ and insert ‘‘(15)’’. 

Page 20, lines 10 and 11, strike ‘‘in each of fiscal years 2009 and 

2010,’’ and insert ‘‘in fiscal year 2010,’’. 

Page 27, after line 4, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 115. PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISES IN CONTRACTS, SUBCONTRACTS, AND BUSINESS 

OPPORTUNITIES FUNDED USING PASSENGER FACILITY 

REVENUES AND IN AIRPORT CONCESSIONS. 

Section 40117 (as amended by this Act) is further amended by 

adding at the end the following: 

‘‘(o) PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES.— 

‘‘(1) APPLICABILITY OF REQUIREMENTS.—Except to the extent 

otherwise provided by the Secretary, requirements relating to 

disadvantaged business enterprises, as set forth in parts 23 

and 26 of title 49, Code of Federal Regulations (or a successor 


smartinez on PROD1PC70 with REPORTS
119 

regulation), shall apply to an airport collecting passenger facility revenue. 

‘‘(2) REGULATIONS.—The Secretary shall issue any regulations necessary to implement this subsection, including— 

‘‘(A) goal setting requirements for an eligible agency to 

ensure that contracts, subcontracts, and business opportunities funded using passenger facility revenues, and airport concessions, are awarded consistent with the levels of 

participation of disadvantaged business enterprises and 

airport concessions disadvantaged business enterprises 

that would be expected in the absence of discrimination; 

‘‘(B) provision for an assurance that requires that an eligible agency will not discriminate on the basis of race, 

color, national origin, or sex in the award and performance 

of any contract funded using passenger facility revenues; 

and 

‘‘(C) a requirement that an eligible agency will take all 

necessary and reasonable steps to ensure nondiscrimination in the award and administration of contracts funded 

using passenger facility revenues. 

‘‘(3) EFFECTIVE DATE.—Paragraph (1) shall take effect on the 

day following the date on which the Secretary issues final regulations under paragraph (2). 

‘‘(4) DEFINITIONS.—In this subsection, the following definitions apply: 

‘‘(A) AIRPORT CONCESSIONS DISADVANTAGED BUSINESS ENTERPRISE.—The term ‘airport concessions disadvantaged 

business enterprise’ has the meaning given that term in 

part 23 of title 49, Code of Federal Regulations (or a successor regulation). 

‘‘(B) DISADVANTAGED BUSINESS ENTERPRISE.—The term 

‘disadvantaged business enterprise’ has the meaning given 

that term in part 26 of title 49, Code of Federal Regulations (or a successor regulation).’’. 

Page 30, line 13, strike ‘‘May 1, 2009’’ and insert ‘‘September 1, 

2009’’. 

Page 42, strike line 9 and all that follows through line 5 on page 

44 (with the correct sequential provision designations [replacing 

the numbers currently shown for such designations]) and conform 

the table of contents accordingly. 

Page 44, line 15, strike ‘‘1632’’ and insert ‘‘632’’. 

Page 44, strike line 17 and all that follows through line 14 on 

page 45 and insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such 

designations]) and conform the table of contents accordingly: 

SEC. 138. AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. 

(a) PURPOSE.—It is the purpose of the airport disadvantaged 

business program to ensure that minority- and women-owned businesses have a full and fair opportunity to compete in federally assisted airport contracts and concessions and to ensure that the Federal Government does not subsidize discrimination in private or locally funded airport-related industries. 

(b) FINDINGS.—Congress finds the following: 


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120 

(1) While significant progress has occurred due to the enactment of the airport disadvantaged business enterprise program 

(49 U.S.C. 47107(e) and 47113), discrimination continues to be 

a significant barrier for minority- and women-owned businesses seeking to do business in airport-related markets. This 

continuing discrimination merits the continuation of the airport disadvantaged business enterprise program. 

(2) Discrimination poses serious barriers to the full participation in airport-related businesses of women business owners 

and minority business owners, including African Americans, 

Hispanic Americans, Asian Americans, and Native Americans. 

(3) Discrimination impacts minority and women business 

owners in every geographic region of the United States and in 

every airport-related industry. 

(4) Discrimination has impacted many aspects of airport-related business, including— 

(A) the availability of venture capital and credit; 

(B) the availability of bonding and insurance; 

(C) the ability to obtain licensing and certification; 

(D) public and private bidding and quoting procedures; 

(E) the pricing of supplies and services; 

(F) business training, education, and apprenticeship programs; and 

(G) professional support organizations and informal networks through which business opportunities are often established. 

(5) Congress has received voluminous evidence of discrimination against minority and women business owners in airportrelated industries, including— 

(A) statistical analyses demonstrating significant disparities in the utilization of minority- and women-owned 

businesses in federally and locally funded airport related 

contracting; 

(B) statistical analyses of private sector disparities in 

business success by minority- and women-owned businesses in airport related industries; 

(C) research compiling anecdotal reports of discrimination by individual minority and women business owners; 

(D) individual reports of discrimination by minority and 

women business owners and the organizations and individuals who represent minority and women business owners; 

(E) analyses demonstrating significant reductions in the 

participation of minority and women businesses in jurisdictions that have reduced or eliminated their minorityand women-owned business programs; 

(F) statistical analyses showing significant disparities in 

the credit available to minority- and women-owned businesses; 

(G) research and statistical analyses demonstrating how 

discrimination negatively impacts firm formation, growth, 

and success; 

(H) experience of airports and other localities demonstrating that race- and gender-neutral efforts alone are 

insufficient to remedy discrimination; and 


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121 

(I) other qualitative and quantitative evidence of discrimination against minority- and women-owned businesses in airport-related industries. 

(6) All of this evidence provides a strong basis for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program. 

(7) Congress has received and reviewed recent comprehensive and compelling evidence of discrimination from many different sources, including congressional hearings and 

roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. 

(c) DISADVANTAGED BUSINESS ENTERPRISE PERSONAL NET WORTH

CAP; BONDING REQUIREMENTS.—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) and under section 47107(e). 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. 

‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 

‘‘(1) IN GENERAL.—In calculating a business owner’s personal 

net worth, any funds held in a qualified retirement account 

owned by the business owner shall be excluded, subject to regulations to be issued by the Secretary. 

‘‘(2) REGULATIONS.—Not later than one year after the date of 

enactment of this subsection, the Secretary shall issue final 

regulations to implement paragraph (1), including consideration of appropriate safeguards, such as a limit on the amount 

of such accounts, to prevent circumvention of personal net 

worth requirements. 

‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINATORY BONDING REQUIREMENTS.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a program to 

eliminate barriers to small business participation in airport-related contracts and concessions by prohibiting excessive, unreasonable, or discriminatory bonding requirements for any 

project funded under this chapter or using passenger facility 

revenues under section 40117. 

‘‘(2) REGULATIONS.—Not later than one year after the date of 

enactment of this subsection, the Secretary shall issue a final 

rule to establish the program under paragraph (1).’’. 


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122 

Page 45, after line 14, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 139. TRAINING PROGRAM FOR CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES. 

(a) MANDATORY TRAINING PROGRAM.—Section 47113 (as amended 

by this Act) is further amended— 

(1) in subsection (b) by striking ‘‘Secretary’’ and inserting 

‘‘Secretary of Transportation’’; and 

(2) by adding at the end the following: 

‘‘(h) MANDATORY TRAINING PROGRAM.— ‘‘(1) IN GENERAL.—Not later than one year after the date of 

enactment of this subsection, the Secretary shall establish a 

mandatory training program for persons described in paragraph (3) on certifying whether a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this 

section and section 47107(e). 

‘‘(2) IMPLEMENTATION.—The training program may be implemented by one or more private entities approved by the Secretary. 

‘‘(3) PARTICIPANTS.—A person referred to in paragraph (1) is 

an official or agent of an airport sponsor— 

‘‘(A) who is required to provide a written assurance 

under this section or section 47107(e) that the airport 

owner or operator will meet the percentage goal of subsection (b) or section 47107(e)(1); or 

‘‘(B) who is responsible for determining whether or not 

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

disadvantaged individuals under this section or section 

47107(e). 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—Out of amounts 

appropriated under section 106(k), not less than $2,000,000 for 

each of fiscal years 2010, 2011, and 2012 shall be used to carry 

out this subsection and to support other programs and activities of the Secretary related to the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals in airport related contracts or 

concessions.’’. 

(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 (b). 

Page 47, line 23 through page 48, line 1, strike ‘‘fiscal years 2004 

through 2008, and for the portion of fiscal year 2009 ending before 

April 1, 2009,’’ and insert ‘‘fiscal years 2004 through 2009,’’. 

Page 48, line 1, strike ‘‘inserting,’’ and insert ‘‘inserting’’. 

Page 48, line 2, strike ‘‘2008’’ and insert ‘‘2010’’. 

Page 53, line 6, strike ‘‘March 31’’ and insert ‘‘September 30’’. 


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123 

Page 53, lines 15 through 17, strike ‘‘for fiscal years ending before October 1, 2008, and for the portion of fiscal year 2009 ending 

before April 1, 2009,’’ and insert ‘‘October 1, 2009,’’. 

Page 76, line 12, strike ‘‘and’’ at the end. 

Page 76, after line 12, insert the following: 

(C) a description of possible options for expanding surveillance coverage beyond the ground stations currently 

under contract, including enhanced ground signal coverage 

at airports; and 

Page 76, line 13, strike ‘‘(C)’’ and insert ‘‘(D)’’. 

Page 88, line 11, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 94, line 22, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 96, line 7, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 96, line 13, strike ‘‘$14,500,000 for fiscal year 2009 and’’. 

Page 96, line 19, strike ‘‘2009,’’. 

Page 99, line 16, insert ‘‘(a) IN GENERAL.—’’ before ‘‘Not later 

than’’. 

Page 99, line 25, strike ‘‘and’’ at the end. 

Page 100, line 9, strike the first period and all that follows 

through the final period and insert ‘‘; and’’. 

Page 100, after line 9, insert the following: 

‘‘(3) continue to hold discussions with countries that have 

foreign repair stations that perform work on air carrier aircraft 

and components to ensure harmonization of the safety standards of such countries with those of the United States, including standards governing maintenance requirements, education 

and licensing of maintenance personnel, training, oversight, 

and mutual inspection of work sites. 

‘‘(b) REGULATORY AUTHORITY WITH RESPECT TO CERTAIN FOREIGN REPAIR STATIONS.—With respect to repair stations that are located in countries that are party to the agreement entitled ‘‘Agreement between the United States of America and the European 

Community on Cooperation in the Regulation of Civil Aviation 

Safety’’, dated June 30, 2008, the requirements of subsection (a) 

are an exercise of the rights of the United States under paragraph 

A of Article 15 of the Agreement, which provides that nothing in 

the Agreement shall be construed to limit the authority of a party 

to determine through its legislative, regulatory, and administrative 

measures, the level of protection it considers appropriate for civil 

aviation safety.’’. 

Page 115, after line 7, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 312. SAFETY OF HELICOPTER AIR AMBULANCE OPERATIONS. 

(a) IN GENERAL.—Chapter 447 (as amended by this Act) is further amended by adding at the end the following: 

‘‘§ 44732. Helicopter air ambulance operations 

‘‘(a) RULEMAKING.—The Administrator of the Federal Aviation 

Administration shall conduct a rulemaking proceeding to improve 


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the safety of flight crewmembers, medical personnel, and passengers onboard helicopters providing helicopter air ambulance 

services under part 135 of title 14, Code of Federal Regulations. 

‘‘(b) MATTERS TO BE ADDRESSED.—In conducting the rulemaking 

proceeding under subsection (a), the Administrator shall address 

the following: 

‘‘(1) Flight request and dispatch procedures, including performance-based flight dispatch procedures. 

‘‘(2) Pilot training standards, including— 

‘‘(A) mandatory training requirements, including a minimum time for completing the training requirements; 

‘‘(B) training subject areas, such as communications procedures and appropriate technology use; 

‘‘(C) establishment of training standards in— 

‘‘(i) crew resource management; 

‘‘(ii) flight risk evaluation; 

‘‘(iii) preventing controlled flight into terrain; 

‘‘(iv) recovery from inadvertent flight into instrument meteorological conditions; 

‘‘(v) operational control of the pilot in command; and 

‘‘(vi) use of flight simulation training devices and 

line oriented flight training. 

‘‘(3) Safety-enhancing technology and equipment, including— 

‘‘(A) helicopter terrain awareness and warning systems; 

‘‘(B) radar altimeters; 

‘‘(C) devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible; 

and 

‘‘(D) safety equipment that should be worn or used by 

flight crewmembers and medical personnel on a flight, including the possible use of shoulder harnesses, helmets, 

seatbelts, and fire resistant clothing to enhance crash survivability. 

‘‘(4) Such other matters as the Administrator considers appropriate. 

‘‘(c) MINIMUM REQUIREMENTS.—In issuing a final rule under subsection (a), the Administrator, at a minimum, shall provide for the 

following: 

‘‘(1) FLIGHT RISK EVALUATION PROGRAM.—The Administrator 

shall ensure that a part 135 certificate holder providing helicopter air ambulance services— 

‘‘(A) establishes a flight risk evaluation program, based 

on FAA Notice 8000.301 issued by the Administration on 

August 1, 2005, including any updates thereto; 

‘‘(B) as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a 

flight request should be accepted; and 

‘‘(C) requires the pilots of the certificate holder to use 

the checklist. 

‘‘(2) OPERATIONAL CONTROL CENTER.—The Administrator 

shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10 or more helicopters has 

an operational control center that meets such requirements as 

the Administrator may prescribe. 


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‘‘(3) COMPLIANCE.—The Administrator shall ensure that a 

part 135 certificate holder providing helicopter air ambulance 

services complies with applicable regulations under part 135 of 

title 14, Code of Federal Regulations, including regulations on 

weather minima and flight and duty time whenever medical 

personnel are onboard the aircraft. 

‘‘(d) DEADLINES.—The Administrator shall— 

‘‘(1) not later than 180 days after the date of enactment of 

this section, issue a notice of proposed rulemaking under subsection (a); and 

‘‘(2) not later than 16 months after the close of the comment 

period on the proposed rule, issue a final rule. 

‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.—In this section, 

the term ‘part 135 certificate holder’ means a person holding a certificate issued under part 135 of title 14, Code of Federal Regulations. 

‘‘§ 44733. Collection of data on helicopter air ambulance operations 

‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing 

helicopter air ambulance services to submit to the Administrator, 

not later than one year after the date of enactment of this section, 

and annually thereafter, a report containing, at a minimum, the 

following data: 

‘‘(1) The number of helicopters that the certificate holder 

uses to provide helicopter air ambulance services and the base 

locations of the helicopters. 

‘‘(2) The number of flights and hours flown, by registration 

number, during which helicopters operated by the certificate 

holder were providing helicopter air ambulance services. 

‘‘(3) The number of flight requests for a helicopter providing 

helicopter air ambulance services that were accepted or declined by the certificate holder and the type of each such flight 

request (such as scene response, inter-facility transport, organ 

transport, or ferry or repositioning flight). 

‘‘(4) The number of accidents involving helicopters operated 

by the certificate holder while providing helicopter air ambulance services and a description of the accidents. 

‘‘(5) The number of flights and hours flown under instrument 

flight rules by helicopters operated by the certificate holder 

while providing helicopter air ambulance services. 

‘‘(6) The time of day of each flight flown by helicopters operated by the certificate holder while providing helicopter air ambulance services. 

‘‘(b) REPORTING PERIOD.—Data contained in a report submitted 

by a part 135 certificate holder under subsection (a) shall relate to 

such reporting period as the Administrator determines appropriate. 

‘‘(c) DATABASE.—Not later than 6 months after the date of enactment of this section, the Administrator shall develop a method to 

collect and store the data collected under subsection (a), including 

a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section. 

‘‘(d) REPORT TO CONGRESS.—Not later than 24 months after the 

date of enactment of this section, and annually thereafter, the AdVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000125 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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ministrator 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 a summary of the data collected under subsection (a). 

‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.—In this section, 

the term ‘part 135 certificate holder’ means a person holding a certificate issued under part 135 of title 14, Code of Federal Regulations.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 447 (as 

amended by this Act) is further amended by adding at the end the 

following: 

‘‘Sec. 44732. Helicopter air ambulance operations. 

‘‘Sec. 44733. Collection of data on helicopter air ambulance operations.’’. 

SEC. 313. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE 

NIGHT VISION GOGGLES. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of requiring pilots 

of helicopters providing helicopter air ambulance services under 

part 135 of title 14, Code of Federal Regulations, to use night vision goggles during nighttime operations. 

(b) CONSIDERATIONS.—In conducting the study, the Administrator shall consult with owners and operators of helicopters providing helicopter air ambulance services under such part 135 and 

aviation safety professionals to determine the benefits, financial 

considerations, and risks associated with requiring the use of night 

vision goggles. 

(c) REPORT TO CONGRESS.—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. 

SEC. 314. STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE 

SERVICES. 

(a) IN GENERAL.—The Comptroller General shall conduct a study 

of the helicopter and fixed-wing air ambulance industry. The study 

shall include information, analysis, and recommendations pertinent 

to ensuring a safe air ambulance industry. 

(b) REQUIRED INFORMATION.—In conducting the study, the Comptroller General shall obtain detailed information on the following 

aspects of the air ambulance industry: 

(1) A review of the industry, for part 135 certificate holders 

and indirect carriers providing helicopter and fixed-wing air 

ambulance services, including— 

(A) a listing of the number, size, and location of helicopter and fixed-wing aircraft and their flight bases; 

(B) affiliations of certificate holders and indirect carriers 

with hospitals, governments, and other entities; 

(C) coordination of air ambulance services, with each 

other, State and local emergency medical services systems, 

referring entities, and receiving hospitals; 

(D) nature of services contracts, sources of payment, financial relationships between certificate holders and indirect carriers providing air ambulance services and referring entities, and costs of operations; and 


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127 

(E) a survey of business models for air ambulance operations, including expenses, structure, and sources of income. 

(2) Air ambulance request and dispatch practices, including 

the various types of protocols, models, training, certifications, 

and air medical communications centers relating to part 135 

certificate holders and indirect carriers providing helicopter 

and fixed-wing air ambulance services, including— 

(A) the practices that emergency and medical officials 

use to request an air ambulance; 

(B) information on whether economic or other nonmedical factors lead to air ambulance transport when it is not 

medically needed, appropriate, or safe; and 

(C) the cause, occurrence, and extent of delays in air ambulance transport. 

(3) Economic and medical issues relating to the air ambulance industry, including— 

(A) licensing; 

(B) certificates of need; 

(C) public convenience and necessity requirements; 

(D) assignment of geographic coverage areas; 

(E) accreditation requirements; 

(F) compliance with dispatch procedures; and 

(G) requirements for medical equipment and personnel 

onboard the aircraft. 

(4) Such other matters as the Comptroller General considers 

relevant to the purpose of the study. 

(c) ANALYSIS AND RECOMMENDATIONS.—Based on information obtained under subsection (b) and other information the Comptroller 

General considers appropriate, the report shall also include an 

analysis and specific recommendations, as appropriate, related to— 

(1) the relationship between State regulation and Federal 

preemption of rates, routes, and services of air ambulances; 

(2) the extent to which Federal law may impact existing 

State regulation of air ambulances and the potential effect of 

greater State regulation— 

(A) in the air ambulance industry, on the economic viability of air ambulance services, the availability and coordination of service, and costs of operations both in rural 

and highly populated areas; 

(B) on the quality of patient care and outcomes; and 

(C) on competition and safety; and 

(3) whether systemic or other problems exist on a statewide, 

regional, or national basis with the current system governing 

air ambulances. 

(d) REPORT.—Not later than June 1, 2010, the Comptroller General shall submit to the Secretary of Transportation and the appropriate committees of Congress a report containing its findings and 

recommendations regarding the study under this section. 

(e) ADOPTION OF RECOMMENDED POLICY CHANGES.—Not later 

than 60 days after the date of receipt of the report under subsection (d), the Secretary shall issue a report to the appropriate 

committees of Congress, that— 

(1) specifies which, if any, policy changes recommended by 

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spect to air ambulances the Secretary will adopt and implement; and 

(2) includes recommendations for legislative change, if appropriate. 

(f) PART 135 CERTIFICATE HOLDER DEFINED.—In this section, the 

term ‘‘part 135 certificate holder’’ means a person holding a certificate issued under part 135 of title 14, Code of Federal Regulations. 

Page 121, strike line 2 and all that follows through line 15 on 

page 125 and insert the following (with the correct sequential provision designations [replacing the numbers currently shown for 

such designations]) and conform the table of contents accordingly: 

SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE. 

Section 106 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 subsection 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) REPORTS AND RECOMMENDATIONS TO SECRETARY.— 

The Director shall provide regular reports to the Secretary 

of Transportation. The Director may recommend that the 

Secretary take any action necessary for the Office to carry 

out its functions, including protection of complainants and 

witnesses. 

‘‘(C) QUALIFICATIONS.—The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation. 

‘‘(D) TERM.—The Director shall be appointed for a term 

of 5 years. 

‘‘(E) 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 


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‘‘(iii) based on findings of the assessment conducted 

under clause (ii), make recommendations to the Secretary and Administrator in writing for— 

‘‘(I) further investigation by the Office, the Inspector General of the Department of Transportation, or other appropriate investigative body; or 

‘‘(II) corrective actions. 

‘‘(B) DISCLOSURE OF IDENTITIES.—The Director shall not 

disclose the identity or identifying information 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, in 

which case the Director shall provide the individual 

with reasonable advance notice. 

‘‘(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 under 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, and can 

order the retention of, 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. The Director 

may order sworn testimony from appropriate witnesses 

during the course of an investigation. 

‘‘(E) PROCEDURE.—The Office shall establish procedures 

equivalent to sections 1213(d) and 1213(e) of title 5 for investigation, report, employee comment, and evaluation by 

the Secretary for any investigation conducted pursuant to 

paragraph (3)(A). 

‘‘(4) RESPONSES TO RECOMMENDATIONS.—The Administrator 

shall— 

‘‘(A) respond within 60 days to a recommendation made 

by the Director under paragraph (3)(A)(iii) in writing and 

retain records related to any further investigations or corrective actions taken in response to the recommendation, 

in accordance with established record retention requirements; and 

‘‘(B) ensure that the findings of all referrals for further 

investigation or corrective actions taken are reported to 

the Director. 

‘‘(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 poVerDate Nov 24 2008 06:26 May 21, 2009 Jkt 79008 PO 00000 Frm 000129 Fmt 06659 Sfmt 06602 E:\HR\OC\HR126.XXX HR126

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tential violation expeditiously to the Secretary, 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) RETALIATION AGAINST AGENCY EMPLOYEES.—Any retaliatory action taken or threatened against an employee of the 

Agency for good faith participation in activities under this subsection is prohibited. The Director shall make all policy recommendations and specific requests to the Secretary for relief 

necessary to protect employees of the Agency who initiate or 

participate in investigations under this subsection. The Secretary shall respond in a timely manner and shall share the 

responses with the appropriate committees of Congress. 

‘‘(8) DISCIPLINARY ACTIONS.—The Secretary shall exercise the 

Secretary’s authority under section 2302 of title 5 for the prevention of prohibited personnel actions in any case in which 

the prohibited personnel action is taken against an employee 

of the Agency who, in good faith, has reported 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. In exercising such authority, the Secretary may subject an employee of the Agency who 

has taken or failed to take, or threatened to take or fail to 

take, a personnel action in violation of such section to a disciplinary action up to and including termination. 

‘‘(9) ANNUAL REPORTS TO CONGRESS.—Not later than October 

1 of each year, the Director shall submit to Congress a public 

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, corrective actions recommended, and referrals in response to the submissions; and 

‘‘(D) summaries of the responses of the Administrator to 

such recommendations; and 

‘‘(E) an evaluation of personnel and resources necessary 

to effectively support the mandate of the Office.’’. 

Page 130, line 17, after ‘‘Agency’’ insert ‘‘, including at least one 

employee selected by the exclusive bargaining representative for 

aviation safety inspectors,’’. 

Page 132, line 21, strike ‘‘GAO’’ and insert ‘‘INSPECTOR GENERAL’’. 

Page 132, line 22, strike ‘‘Comptroller General’’ and insert ‘‘Inspector General of the Department of Transportation’’. 

Page 133, line 2, strike ‘‘Comptroller General’’ and insert ‘‘Inspector General’’. 

Page 134, lines 6 and 7, strike ‘‘Comptroller General’’ and insert 

‘‘Inspector General’’. 


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Page 134, after line 13, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 401. SMOKING PROHIBITION. 

(a) IN GENERAL.—Section 41706 is amended— 

(1) in the section heading by striking ‘‘scheduled’’ and inserting ‘‘passenger’’; and 

(2) by striking subsections (a) and (b) and inserting the following: 

‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND INTERSTATE

TRANSPORTATION BY AIRCRAFT.—An individual may not smoke in 

an aircraft — 

‘‘(1) in scheduled passenger interstate air transportation or 

scheduled passenger intrastate air transportation; and 

‘‘(2) in nonscheduled intrastate or interstate transportation 

of passengers by aircraft for compensation, if a flight attendant 

is a required crewmember on the aircraft (as determined by 

the Administrator of the Federal Aviation Administration). 

‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION.— The Secretary of Transportation shall require all air carriers and 

foreign air carriers to prohibit smoking in an aircraft— 

‘‘(1) in scheduled passenger foreign air transportation; and 

‘‘(2) in nonscheduled passenger foreign air transportation, if 

a flight attendant is a required crewmember on the aircraft (as 

determined by the Administrator or a foreign government).’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 417 is 

amended by striking the item relating to section 41706 and inserting the following: 

‘‘41706. Prohibitions against smoking on flights.’’. 

Page 147, line 3, strike ‘‘Secretary’’ and insert ‘‘Secretary of 

Transportation’’. 

Page 148, lines 19 and 20, strike ‘‘April 1, 2009’’ and insert ‘‘October 1, 2009’’. 

Page 150, strike lines 1 through 10 and insert the following: 

(1) Section 47124(b)(3)(E) is amended to read as follows: 

‘‘(E) FUNDING.—Of the amounts appropriated pursuant 

to section 106(k), not more than $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.’’. 

Page 174, after line 4, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 426. MUSICAL INSTRUMENTS. 

(a) IN GENERAL.—Subchapter I of chapter 417 (as amended by 

this Act) is further amended by adding at the end the following: 

‘‘§ 41725. Musical instruments 

‘‘(a) IN GENERAL.— 

‘‘(1) INSTRUMENTS IN THE PASSENGER COMPARTMENT.—An air 

carrier providing air transportation shall permit a passenger to 

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ment in a closet, baggage, or cargo stowage compartment approved by the Administrator without charge if— 

‘‘(A) the instrument can be stowed in accordance with 

the requirements for carriage of carry-on baggage or cargo 

set forth by the Administrator of the Federal Aviation Administration; and 

‘‘(B) there is space for such stowage on the aircraft. 

‘‘(2) LARGE INSTRUMENTS IN THE PASSENGER COMPARTMENT.— 

An air carrier providing air transportation shall permit a passenger to carry a musical instrument in the aircraft passenger 

compartment that is too large to be secured in a closet, baggage, or cargo stowage compartment approved by the Administrator, if— 

‘‘(A) the instrument can be stowed in a seat, in accordance with the requirements for carriage of carry-on baggage or cargo set forth by the Administrator for such stowage; and 

‘‘(B) the passenger wishing to carry the instrument in 

the aircraft cabin has purchased a seat to accommodate 

the instrument. 

‘‘(3) INSTRUMENTS AS CHECKED BAGGAGE.—An air carrier 

shall transport as baggage a musical instrument that is the 

property of a passenger on a flight and that may not be carried 

in the aircraft passenger compartment if— 

‘‘(A) the sum of the length, width, and height measured 

in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches and 

the size restrictions for that aircraft; 

‘‘(B) the weight of the instrument does not exceed 165 

pounds and the weight restrictions for that aircraft; and 

‘‘(C) the instrument can be stowed in accordance with 

the requirements for carriage of baggage or cargo set forth 

by the Administrator for such stowage. 

‘‘(4) AIR CARRIER TERMS.—Nothing in this section shall be 

construed as prohibiting an air carrier from limiting its liability for carrying a musical instrument or requiring a passenger 

to purchase insurance to cover the value of a musical instrument transported by the air carrier. 

‘‘(b) REGULATIONS.—The Secretary may prescribe such regulations as may be necessary or appropriate to implement subsection 

(a).’’. 

(b) CLERICAL AMENDMENT.—The analysis for such subchapter is 

amended by adding at the end the following: 

‘‘41725. Musical instruments.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect 30 days after the date of enactment of this Act. 

Page 183, after line 21, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 505. SOUNDPROOFING OF RESIDENCES. 

(a) SOUNDPROOFING AND ACQUISITION OF CERTAIN RESIDENTIAL

BUILDINGS AND PROPERTIES.—Section 47504(c)(2)(D) is amended to 

read as follows: 


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‘‘(D) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) to soundproof— 

‘‘(i) a building in the noise impact area surrounding the 

airport that is used primarily for educational or medical 

purposes and that the Secretary decides is adversely affected by airport noise; and 

‘‘(ii) residential buildings located on residential properties in the noise impact area surrounding the airport 

that the Secretary decides is adversely affected by airport 

noise, if— 

‘‘(I) the residential properties are within airport 

noise contours prepared by the airport owner or operator using the Secretary’s methodology and guidance, 

and the noise contours have been found acceptable by 

the Secretary; 

‘‘(II) the residential properties cannot be removed 

from airport noise contours for at least a 5-year period 

by changes in airport configuration or flight procedures; 

‘‘(III) the land use jurisdiction has taken, or will 

take, appropriate action, including the adoption of zoning laws, to the extent reasonable to restrict the use 

of land to uses that are compatible with normal airport operations; and 

‘‘(IV) the Secretary determines that the project is 

compatible with the purposes of this chapter; and’’ 

(b) REQUIREMENTS APPLICABLE TO CERTAIN GRANTS.—Section 

44705 (as amended by this Act) is further amended by adding at 

the end the following: 

‘‘(f) REQUIREMENTS APPLICABLE TO CERTAIN GRANTS.— ‘‘(1) ESTABLISHMENT OF CRITERIA.—Before awarding a grant 

under subsection (c)(2)(D), the Secretary shall establish criteria 

to determine which residences in the 65 DNL area suffer the 

greatest noise impact. 

‘‘(2) ANALYSIS FROM COMPTROLLER GENERAL.—Prior to making a final decision on the criteria required by paragraph (1), 

the Secretary shall develop proposed criteria and obtain an 

analysis from the Comptroller General as to the reasonableness and validity of the criteria. 

‘‘(3) PRIORITY.—If the Secretary determines that the grants 

likely to be awarded under subsection (c)(2)(D) in fiscal years 

2010 though 2012 will not be sufficient to soundproof all residences in the 65 DNL area, the Secretary shall first award 

grants to soundproof those residences suffering the greatest 

noise impact under the criteria established under paragraph 

(1).’’. 

Page 186, strike line 6. 

Page 186, line 7, strike ‘‘(2)’’ and insert ‘‘(1)’’. 

Page 186, line 8, strike ‘‘(3)’’ and insert ‘‘(2)’’. 

Page 186, line 9, strike ‘‘(4)’’ and insert ‘‘(3)’’. 

Page 196, strike line 23 and all that follows through line 6 on 

page 197 and insert the following (with the correct sequential provision designations [replacing the numbers currently shown for 

such designations]) and conform the table of contents accordingly: 


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SEC. 511. CABIN AIR QUALITY TECHNOLOGY. 

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate research and development work on effective 

air cleaning and sensor technology for the engine and auxiliary 

power unit for bleed air supplied to the passenger cabin and flight 

deck of a pressurized aircraft. 

(b) TECHNOLOGY REQUIREMENTS.—The technology should, at a 

minimum, be capable of— 

(1) removing oil-based contaminants from the bleed air supplied to the passenger cabin and flight deck; and 

(2) detecting and recording oil-based contaminants in the 

bleed air fraction of the total air supplied to the passenger 

cabin and flight deck. 

(c) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Administrator shall transmit to Congress a report 

on the results of the research and development work carried out 

under this section. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated such sums as may be necessary to carry out this 

section. 

Page 197, line 9, strike ‘‘proposed’’. 

Page 198, after line 25, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 515. AVIATION NOISE COMPLAINTS. 

(a) TELEPHONE NUMBER POSTING.—Not later than 3 months after 

the date of enactment of this Act, each owner or operator of a large 

hub airport (as defined in section 40102(a) of title 49, United States 

Code) shall publish on an Internet Web site of the airport a telephone number to receive aviation noise complaints related to the 

airport. 

(b) SUMMARIES AND REPORTS.—Not later than one year after the 

last day of the 3-month period referred to in subsection (a), and annually thereafter, an owner or operator that receives one or more 

noise complaints under subsection (a) shall submit to the Administrator of the Federal Aviation Administration a report regarding 

the number of complaints received and a summary regarding the 

nature of such complaints. The Administrator shall make such information available to the public by print and electronic means. 

Page 206, after line 6, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 602. MERIT SYSTEM PRINCIPLES AND PROHIBITED PERSONNEL 

PRACTICES. 

Section 40122(g)(2)(A) is amended to read as follows: 

‘‘(A) sections 2301 and 2302, relating to merit system 

principles and prohibited personnel practices, including 

the provisions for investigation and enforcement as provided in chapter 12 of title 5;’’. 


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135 

Page 207, strike line 21 and all that follows through line 3 on 

page 208 (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and 

conform the table of contents accordingly. 

Page 223, line 24, strike ‘‘March 31’’ and insert ‘‘September 30’’. 

Page 224, line 1, strike ‘‘May 31’’ and insert ‘‘December 31’’. 

Page 225, line 16, strike ‘‘May 31’’ and insert ‘‘December 31’’. 

Page 236, strike lines 19 and 20 and insert the following: 

(h) DEFINITIONS.—In this section, the following definitions apply: 

(1) FAA.—The term ‘‘FAA’’ means the Federal Aviation Administration. 

(2) REALIGNMENT; CONSOLIDATION.— 

(A) IN GENERAL.—The terms ‘‘realignment’’ and ‘‘consolidation’’ include any action that— 

(i) relocates functions, services, or personnel positions; 

(ii) severs existing facility functions or services; or 

(iii) any combination thereof. 

(B) EXCLUSION.—The term does not include a reduction 

in personnel resulting from workload adjustments. 

Page 243, lines 15 and 16, strike ‘‘flight crew members’’ and insert ‘‘pilots and flight attendants’’. 

Page 243, line 22, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 254, line 1, strike ‘‘temperature’’ and insert ‘‘temperature and humidity’’ 

(and conform the table of contents accordingly). 

Page 254, line 8, insert ‘‘and humidity’’ before ‘‘onboard’’. 

Page 254, lines 13 and 14, strike ‘‘temperatures’’ and insert ‘‘temperature and humidity’’. 

Page 254, line 19, strike ‘‘temperature’’ and insert ‘‘temperature 

and humidity’’. 

Page 254, line 20, strike ‘‘temperature’’ and insert ‘‘temperature 

and humidity’’. 

Page 254, line 23, strike ‘‘temperature’’ and insert ‘‘temperature 

and humidity’’. 

Page 259, after line 22, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 826. ST. GEORGE, UTAH. 

(a) IN GENERAL.—Notwithstanding section 16 of the Federal Airport Act (as in effect on August 28, 1973) or sections 47125 and 

47153 of title 49, United States Code, the Secretary of Transportation is authorized, subject to subsection (b), to grant releases 

from any of the terms, conditions, reservations, and restrictions 

contained in the deed of conveyance dated August 28, 1973, under 

which the United States conveyed certain property to the city of St. 

George, Utah, for airport purposes. 

(b) CONDITION.—Any release granted by the Secretary under the 

subsection (a) shall be subject to the following conditions: 

(1) The city of St. George shall agree that in conveying any 

interest in the property that the United States conveyed to the 


smartinez on PROD1PC70 with REPORTS
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city by deed dated August 28, 1973, the city will receive an 

amount for such interest that is equal to the fair market value. 

(2) Any such amount so received by the city of St. George 

shall be used by the city for the development, improvement, 

operation, or maintenance of a replacement public airport. 

SEC. 827. REPLACEMENT OF TERMINAL RADAR APPROACH CONTROL 

AT PALM BEACH INTERNATIONAL AIRPORT. 

The Administrator of the Federal Aviation Administration shall 

take such actions as may be necessary to ensure that any air traffic 

control tower or facility placed into operation at Palm Beach International Airport after September 30, 2009, to replace an air traffic 

control tower or facility placed into operation before September 30, 

2009, includes an operating terminal radar approach control. 

SEC. 828. SANTA MONICA AIRPORT, CALIFORNIA. 

It is the sense of Congress that the Administrator of the Federal 

Aviation Administration should enter into good faith discussions 

with the city of Santa Monica, California, to achieve runway safety 

area solutions consistent with Federal Aviation Administration design guidelines to address safety concerns at Santa Monica Airport. 

Page 261, line 24, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 266, line 19, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 267, line 18, strike ‘‘2009’’ and insert ‘‘2010’’. 

Page 270, line 14, strike ‘‘2009’’ and insert ‘‘2010’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEE OF

NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 259, after line 22, insert the following (with the correct sequential designations and conform the table of contents of the bill 

accordingly): 

SEC. 826. PILOT TRAINING AND CERTIFICATION. 

(a) INITIATION OF STUDY.—Not later than 3 months after the date 

of enactment of this Act, the Comptroller General shall initiate a 

study on commercial airline pilot training and certification programs. The study shall include the data collected under subsection 

(b). 

(b) DATA COLLECTED.—In conducting the study, the Comptroller 

General shall collect data on— 

(1) commercial pilot training and certification programs at 

United States air carriers, including regional and commuter 

air carriers; 

(2) the number of training hours required for pilots operating 

new aircraft types before assuming pilot in command duties; 

(3) how United States air carriers update and train pilots on 

new technologies in aircraft types in which they hold certifications; 

(4) what remedial actions are taken in cases of repeated unsatisfactory check-rides by commercial airline pilots; 

(5) what stall warning systems are included in flight simulator training compared to classroom instruction; and 

(6) the information required to be provided by pilots on their 

job applications and the ability of United States air carriers to 

verify the information provided. 


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137 

(c) CONTENTS OF STUDY.—The study shall include, at a minimum— 

(1) a review of Federal Aviation Administration and international standards regarding commercial airline pilot training 

and certification programs; 

(2) the results of interviews that the Comptroller General 

shall conduct with United States air carriers, pilot organizations, the National Transportation Safety Board, the Federal 

Aviation Administration, and such other parties as the Comptroller General determines appropriate; and 

(3) such other matters as the Comptroller General determines are appropriate. 

(d) REPORT.—Not later than 12 months after the date of initiation of the study, the Comptroller General 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 results 

of the study, together with the findings and recommendations of 

the Comptroller General regarding the study. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RICHARDSON OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 142, at the end of the matter following line 5, insert the following: 

42304. Notification of flight status by text message or email. 

Page 147, line 25, strike the closing quotation marks and the 

final period and insert the following: 

‘‘§ 42304. Notification of flight status by text message or 

email 

‘‘Not later than 180 days after the date of enactment of this section, the Secretary of Transportation shall issue regulations to require that each air carrier that has at least 1 percent of total domestic scheduled-service passenger revenue provide each passenger 

of the carrier— 

‘‘(1) an option to receive a text message or email or any other 

comparable electronic service, subject to any fees applicable 

under the contract of the passenger for the electronic service, 

from the air carrier a notification of any change in the status 

of the flight of the passenger whenever the flight status is 

changed before the boarding process for the flight commences; 

and 

‘‘(2) the notification if the passenger requests the notification.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 259, after line 22, insert the following (with the correct sequential designations and conform the table of contents of the bill 

accordingly): 


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SEC. 826. WHISTLEBLOWERS AT FAA. 

It is the sense of Congress that whistleblowers at the Federal 

Aviation Administration be granted the full protection of the law. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 258, after line 11, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 824. FAA RADAR SIGNAL LOCATIONS. 

(a) STUDY.—The Administrator of the Federal Aviation Administration shall conduct a study on the locations of Federal Aviation 

Administration radar signals (in this section referred to as ‘‘FAA 

radars’’) in the United States, including the impact of such locations on— 

(1) the development and installation of renewable energy 

technologies, including wind turbines; and 

(2) the ability of State and local authorities to identify and 

plan for the location of such renewable energy technologies. 

(b) CONSULTATION.—In conducting the study, the Administrator 

may consult with the heads of appropriate agencies as needed. 

(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall transmit to Congress a 

report on the results of the study. 

(d) ADMINISTRATIVE PROCESS.—The Administrator shall develop 

an effective administrative process for relocation of FAA radars, as 

necessary, and testing and deployment of alternate solutions, as 

necessary. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCCAUL

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 259, after line 9, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 826. PROHIBITION ON USE OF CERTAIN FUNDS. 

The Secretary may not use any funds authorized in this Act to 

name, rename, designate, or redesignate any project or program 

under this act for an individual then serving as a Member, Delegate, Resident Commissioner, or Senator of the United States Congress. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MURPHY

OF CONNECTICUT, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 183, after line 21, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 


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SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL 

PROPERTIES. 

Section 47504 (as amended by this Act) is further amended by 

adding at the end the following: 

‘‘(g) DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL

PROPERTIES.—In approving a project to acquire residential real 

property using financial assistance made available under this section or chapter 471, the Secretary shall ensure that the appraisal 

of the property to be acquired disregards any decrease or increase 

in the fair market value of the real property caused by the project 

for which the property is to be acquired, or by the likelihood that 

the property would be acquired for the project, other than that due 

to physical deterioration within the reasonable control of the 

owner.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASSIDY OF

LOUISIANA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 159, line 8, strike ‘‘and’’. 

Page 159, line 12, strike the period at the end and insert ‘‘; and’’. 

Page 159, after line 12, insert the following: 

(5) the effect that limited air carrier service options on routes 

have on the frequency of delays and cancellations on such 

routes. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILROY OF

OHIO, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 115, after line 7, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 312. COCKPIT SMOKE. 

(a) STUDY.—The Comptroller General shall conduct a study on 

the effectiveness of oversight activities of the Federal Aviation Administration relating to preventing or mitigating the effects of 

dense continuous smoke in the cockpit of a commercial aircraft. 

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

of this Act, the Comptroller General shall submit to Congress a report on the results of the study. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRELINGHUYSEN OF NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 259, after line 22, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 826. NEW YORK/NEW JERSEY/PHILADELPHIA METROPOLITAN 

AIRSPACE. 

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall conduct a study on the proposed New York/New 

Jersey/Philadelphia Class B modification design change. 


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140 

(b) CONTENTS.—In conducting the study, the Administrator shall 

determine the effect of such proposed change on the environment, 

and, in particular, with regard to airplane noise, and shall state 

whether this proposed change was considered in conjunction with 

the on-going New York/New Jersey/Philadelphia Metropolitan Airspace Redesign. 

(c) REPORT.—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 under subsection (a) not later than 30 days after the date of enactment of 

this Act. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOWEY OF

NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 198, after line 25, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 515. WESTCHESTER COUNTY AIRPORT, NEW YORK. 

(a) RULEMAKING.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to determine 

whether Westchester County Airport should be authorized to limit 

aircraft operations between the hours of 12 a.m. and 6:30 a.m. 

(b) DEADLINES.—The Administrator shall— 

(1) not later than 180 days after the date of enactment of 

this Act, issue a notice of proposed rulemaking under subsection (a); and 

(2) not later than 16 months after the close of the comment 

period on the proposed rule, issue a final rule. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ACKERMAN OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 259, after line 22, insert the following (with the correct sequential provision designations [replacing the numbers currently 

shown for such designations]) and conform the table of contents accordingly: 

SEC. 826. COLLEGE POINT MARINE TRANSFER STATION, NEW YORK. 

(a) FINDING.—Congress finds that the Federal Aviation Administration, in determining whether the proposed College Point Marine 

Transfer Station in New York City, New York, if constructed, 

would constitute a hazard to air navigation, has not followed published policy statements of the Federal Aviation Administration, including— 

(1) Advisory Circular Number 150/5200-33B 2, entitled ‘‘Hazardous Wildlife Attractants on or Near Airports’’; 

(2) Advisory Circular Number 150/5300-13, entitled ‘‘Airport 

Design’’; and 

(3) the publication entitled ‘‘Policies and Procedures Memorandum—Airports Division’’, Number 5300.1B, dated Feb. 5, 

1999. 


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(b) DESIGNATION OF TRANSFER STATION AS HAZARD TO AIR NAVI- GATION.—The Administrator of the Federal Aviation Administration shall take such actions as may be necessary to designate the 

proposed College Point Marine Transfer Station in New York City, 

New York, as a hazard to air navigation. 

Æ 


smartinez on PROD1PC70 with REPORTS