In the Senate of the United States, 

March 22 (legislative day, March 19), 2010. 

Resolved, That the bill from the House of Representatives (H.R. 1586) entitled ‘‘An Act to impose an additional 

tax on bonuses received from certain TARP recipients.’’, do 

pass with the following 

AMENDMENTS: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘FAA Air Transportation Modernization and Safety Im4 provement Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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 

Sec. 101. Operations. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. Research and development. 

Sec. 104. Airport planning and development and noise compatibility planning 

and programs. 
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Sec. 105. Other aviation programs. 

Sec. 106. Delineation of Next Generation Air Transportation System projects. 

Sec. 107. Funding for administrative expenses for airport programs. 

TITLE II—AIRPORT IMPROVEMENTS 

Sec. 201. Reform of passenger facility charge authority. 

Sec. 202. Passenger facility charge pilot program. 

Sec. 203. Amendments to grant assurances. 

Sec. 204. Government share of project costs. 

Sec. 205. Amendments to allowable costs. 

Sec. 206. Sale of private airport to public sponsor. 

Sec. 207. Government share of certain air project costs. 

Sec. 207(b). Prohibition on use of passenger facility charges to construct bicycle 

storage facilities. 

Sec. 208. Miscellaneous amendments. 

Sec. 209. State block grant program. 

Sec. 210. Airport funding of special studies or reviews. 

Sec. 211. Grant eligibility for assessment of flight procedures. 

Sec. 212. Safety-critical airports. 

Sec. 213. Environmental mitigation demonstration pilot program. 

Sec. 214. Allowable project costs for airport development program. 

Sec. 215. Glycol recovery vehicles. 

Sec. 216. Research improvement for aircraft. 

Sec. 217. United States Territory minimum guarantee. 

Sec. 218. Merrill Field Airport, Anchorage, Alaska. 

Sec. 219. Release from restrictions. 

Sec. 220. Designation of former military airports. 

Sec. 221. Airport sustainability planning working group. 

Sec. 222. Inclusion of measures to improve the efficiency of airport buildings in 

airport improvement projects. 

Sec. 223. Study on apportioning amounts for airport improvement in proportion 

to amounts of air traffic. 

TITLE III—AIR TRAFFIC CONTROL MODERNIZATION AND FAA 

REFORM 

Sec. 301. Air Traffic Control Modernization Oversight Board. 

Sec. 302. NextGen management. 

Sec. 303. Facilitation of next generation air traffic services. 

Sec. 304. Clarification of authority to enter into reimbursable agreements. 

Sec. 305. Clarification to acquisition reform authority. 

Sec. 306. Assistance to other aviation authorities. 

Sec. 307. Presidential rank award program. 

Sec. 308. Next generation facilities needs assessment. 

Sec. 309. Next generation air transportation system implementation office. 

Sec. 310. Definition of air navigation facility. 

Sec. 311. Improved management of property inventory. 

Sec. 312. Educational requirements. 

Sec. 313. FAA personnel management system. 

Sec. 314. Acceleration of NextGen technologies. 

Sec. 315. ADS–B development and implementation. 

Sec. 316. Equipage incentives. 

Sec. 317. Performance metrics. 

Sec. 318. Certification standards and resources. 

Sec. 319. Report on funding for NextGen technology. 
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Sec. 320. Unmanned aerial systems. 

Sec. 321. Surface Systems Program Office. 

Sec. 322. Stakeholder coordination. 

Sec. 323. FAA task force on air traffic control facility conditions. 

Sec. 324. State ADS–B equipage bank pilot program. 

Sec. 325. Implementation of Inspector General ATC recommendations. 

Sec. 326. Semiannual report on status of Greener Skies project. 

Sec. 327. Definitions. 

Sec. 328. Financial incentives for Nextgen Equipage. 

TITLE IV—AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE 

IMPROVEMENTS 

SUBTITLE A—CONSUMER PROTECTION 

Sec. 401. Airline customer service commitment. 

Sec. 402. Publication of customer service data and flight delay history. 

Sec. 403. Expansion of DOT airline consumer complaint investigations. 

Sec. 404. Establishment of advisory committee for aviation consumer protection. 

Sec. 405. Disclosure of passenger fees. 

Sec. 406. Disclosure of air carriers operating flights for tickets sold for air transportation. 

Sec. 407. Notification requirements with respect to the sale of airline tickets. 

SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL COMMUNITIES 

Sec. 411. EAS connectivity program. 

Sec. 412. Extension of final order establishing mileage adjustment eligibility. 

Sec. 413. EAS contract guidelines. 

Sec. 414. Conversion of former EAS airports. 

Sec. 415. EAS reform. 

Sec. 416. Small community air service. 

Sec. 417. EAS marketing. 

Sec. 418. Rural aviation improvement. 

Sec. 419. Repeal of essential air service local participation program. 

SUBTITLE C—MISCELLANEOUS 

Sec. 431. Clarification of air carrier fee disputes. 

Sec. 432. Contract tower program. 

Sec. 433. Airfares for members of the Armed Forces. 

Sec. 434. Authorization of use of certain lands in the Las Vegas McCarran International Airport Environs Overlay District for transient lodging 

and associated facilities. 

TITLE V—SAFETY 

SUBTITLE A—AVIATION SAFETY 

Sec. 501. Runway safety equipment plan. 

Sec. 502. Judicial review of denial of airman certificates. 

Sec. 503. Release of data relating to abandoned type certificates and supplemental type certificates. 

Sec. 504. Design organization certificates. 

Sec. 505. FAA access to criminal history records or database systems. 

Sec. 506. Pilot fatigue. 
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Sec. 507. Increasing safety for helicopter and fixed wing emergency medical service operators and patients. 

Sec. 508. Cabin crew communication. 

Sec. 509. Clarification of memorandum of understanding with OSHA. 

Sec. 510. Acceleration of development and implementation of required navigation 

performance approach procedures. 

Sec. 511. Improved safety information. 

Sec. 512. Voluntary disclosure reporting process improvements. 

Sec. 513. Procedural improvements for inspections. 

Sec. 514. Independent review of safety issues. 

Sec. 515. National review team. 

Sec. 516. FAA Academy improvements. 

Sec. 517. Reduction of runway incursions and operational errors. 

Sec. 518. Aviation safety whistleblower investigation office. 

Sec. 519. Modification of customer service initiative. 

Sec. 520. Headquarters review of air transportation oversight system database. 

Sec. 521. Inspection of foreign repair stations. 

Sec. 522. Non-certificated maintenance providers. 

SUBTITLE B—FLIGHT SAFETY 

Sec. 551. FAA pilot records database. 

Sec. 552. Air carrier safety management systems. 

Sec. 553. Secretary of Transportation responses to safety recommendations. 

Sec. 554. Improved Flight Operational Quality Assurance, Aviation Safety Action, and Line Operational Safety Audit programs. 

Sec. 555. Re-evaluation of flight crew training, testing, and certification requirements. 

Sec. 556. Flightcrew member mentoring, professional development, and leadership. 

Sec. 557. Flightcrew member screening and qualifications. 

Sec. 558. Prohibition on personal use of certain devices on flight deck. 

Sec. 559. Safety inspections of regional air carriers. 

Sec. 560. Establishment of safety standards with respect to the training, hiring, 

and operation of aircraft by pilots. 

Sec. 561. Oversight of pilot training schools. 

Sec. 562. Enhanced training for flight attendants and gate agents. 

Sec. 563. Definitions. 

Sec. 564. Study of air quality in aircraft cabins. 

TITLE VI—AVIATION RESEARCH 

Sec. 601. Airport cooperative research program. 

Sec. 602. Reduction of noise, emissions, and energy consumption from civilian 

aircraft. 

Sec. 603. Production of alternative fuel technology for civilian aircraft. 

Sec. 604. Production of clean coal fuel technology for civilian aircraft. 

Sec. 605. Advisory committee on future of aeronautics. 

Sec. 606. Research program to improve airfield pavements. 

Sec. 607. Wake turbulence, volcanic ash, and weather research. 

Sec. 608. Incorporation of unmanned aircraft systems into FAA plans and policies. 

Sec. 609. Reauthorization of center of excellence in applied research and training 

in the use of advanced materials in transport aircraft. 

Sec. 610. Pilot program for zero emission airport vehicles. 

Sec. 611. Reduction of emissions from airport power sources. 
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Sec. 612. Siting of windfarms near FAA navigational aides and other assets. 

Sec. 613. Research and development for equipment to clean and monitor the engine and APU bleed air supplied on pressurized aircraft. 

TITLE VII—MISCELLANEOUS 

Sec. 701. General authority. 

Sec. 702. Human intervention management study. 

Sec. 703. Airport program modifications. 

Sec. 704. Miscellaneous program extensions. 

Sec. 705. Extension of competitive access reports. 

Sec. 706. Update on overflights. 

Sec. 707. Technical corrections. 

Sec. 708. FAA technical training and staffing. 

Sec. 709. Commercial air tour operators in national parks. 

Sec. 710. Phaseout of Stage 1 and 2 aircraft. 

Sec. 711. Weight restrictions at Teterboro Airport. 

Sec. 712. Pilot program for redevelopment of airport properties. 

Sec. 713. Transporting musical instruments. 

Sec. 714. Recycling plans for airports. 

Sec. 715. Disadvantaged Business Enterprise Program adjustments. 

Sec. 716. Front line manager staffing. 

Sec. 717. Study of helicopter and fixed wing air ambulance services. 

Sec. 718. Repeal of certain limitations on Metropolitan Washington Airports Authority. 

Sec. 719. Study of aeronautical mobile telemetry. 

Sec. 720. Flightcrew member pairing and crew resource management techniques. 

Sec. 721. Consolidation or elimination of obsolete, redundant, or otherwise unnecessary reports; use of electronic media format. 

Sec. 722. Line check evaluations. 

Sec. 723. Report on Newark Liberty Airport air traffic control tower. 

Sec. 724. Priority review of construction projects in cold weather States. 

Sec. 725. Air-rail codeshare study. 

Sec. 726. On-going monitoring of and report on the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign. 

Sec. 727. Study on aviation fuel prices. 

Sec. 728. Land conveyance for Southern Nevada Supplemental Airport. 

Sec. 729. Clarification of requirements for volunteer pilots operating charitable 

medical flights. 

Sec. 730. Cylinders of compressed oxygen, nitrous oxide, or other oxidizing gases. 

Sec. 731. Technical correction. 

Sec. 732. Plan for flying scientific instruments on commercial flights. 

TITLE VIII—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND 

RELATED TAXES 

Sec. 800. Amendment of 1986 Code. 

Sec. 801. Extension of taxes funding Airport and Airway Trust Fund. 

Sec. 802. Extension of Airport and Airway Trust Fund expenditure authority. 

Sec. 803. Modification of excise tax on kerosene used in aviation. 

Sec. 804. Air traffic control system modernization account. 

Sec. 805. Treatment of fractional aircraft ownership programs. 

Sec. 806. Termination of exemption for small aircraft on nonestablished lines. 

Sec. 807. Transparency in passenger tax disclosures. 
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TITLE IX—BUDGETARY EFFECTS 

Sec. 901. Budgetary effects. 

TITLE X—RESCISSION OF UNUSED TRANSPORTATION EARMARKS 

AND GENERAL REPORTING REQUIREMENT 

Sec. 1001. Definition. 

Sec. 1002. Rescission. 

Sec. 1003. Agency wide identification and reports. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or a repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section 

6 or other provision of title 49, United States Code. 

7 SEC. 3. EFFECTIVE DATE. 

8 Except as otherwise expressly provided, this Act and 

9 the amendments made by this Act shall take effect on the 

10 date of enactment of this Act. 

11 TITLE I—AUTHORIZATIONS 

12 SEC. 101. OPERATIONS. 

13 Section 106(k)(1) is amended by striking subpara14 graphs (A) through (E) and inserting the following: 

15 ‘‘(A) $9,336,000,000 for fiscal year 2010; 

16 and 

17 ‘‘(B) $9,620,000,000 for fiscal year 2011.’’. 

18 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

19 Section 48101(a) is amended by striking paragraphs 

20 (1) through (5) and inserting the following: 
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1 ‘‘(1) $3,500,000,000 for fiscal year 2010, of 

2 which $500,000,000 is derived from the Air Traffic 

3 Control System Modernization Account of the Airport 

4 and Airways Trust Fund; and 

5 ‘‘(2) $3,600,000,000 for fiscal year 2011, of 

6 which $500,000,000 is derived from the Air Traffic 

7 Control System Modernization Account of the Airport 

8 and Airways Trust Fund.’’. 

9 SEC. 103. RESEARCH AND DEVELOPMENT. 

10 Section 48102 is amended— 

11 (1) by striking subsection (a) and inserting the 

12 following: 

13 ‘‘(a) IN GENERAL.—Not more than the following 

14 amounts may be appropriated to the Secretary of Transpor15 tation out of the Airport and Airway Trust Fund estab16 lished under section 9502 of the Internal Revenue Code of 

17 1986 (26 U.S.C. 9502) for conducting civil aviation re18 search and development under sections 44504, 44505, 

19 44507, 44509, and 44511 through 44513 of this title: 

20 ‘‘(1) $200,000,000 for fiscal year 2010. 

21 ‘‘(2) $206,000,000 for fiscal year 2011.’’; 

22 (2) by striking subsections (c) through (h); and 

23 (3) by adding at the end the following: 

24 ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN25 DERGRADUATE STUDENTS.—The Administrator of the Fed-
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1 eral Aviation Administration shall establish a program to 

2 utilize undergraduate and technical colleges, including His3 torically Black Colleges and Universities, Hispanic Serving 

4 Institutions, tribally controlled colleges and universities, 

5 and Alaska Native and Native Hawaiian serving institu6 tions in research on subjects of relevance to the Federal 

7 Aviation Administration. Grants may be awarded under 

8 this subsection for— 

9 ‘‘(1) research projects to be carried out at pri10 marily undergraduate institutions and technical col11 leges; 

12 ‘‘(2) research projects that combine research at 

13 primarily undergraduate institutions and technical 

14 colleges with other research supported by the Federal 

15 Aviation Administration; 

16 ‘‘(3) research on future training requirements on 

17 projected changes in regulatory requirements for air18 craft maintenance and power plant licensees; or 

19 ‘‘(4) research on the impact of new technologies 

20 and procedures, particularly those related to aircraft 

21 flight deck and air traffic management functions, and 

22 on training requirements for pilots and air traffic 

23 controllers.’’. 
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1 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 

2 NOISE COMPATIBILITY PLANNING AND PRO3 GRAMS. 

4 Section 48103 is amended by striking paragraphs (1) 

5 through (6) and inserting the following: 

6 ‘‘(1) $4,000,000,000 for fiscal year 2010; and 

7 ‘‘(2) $4,100,000,000 for fiscal year 2011.’’. 

8 SEC. 105. OTHER AVIATION PROGRAMS. 

9 Section 48114 is amended— 

10 (1) by striking ‘‘2007’’ in subsection (a)(1)(A) 

11 and inserting ‘‘2011’’; 

12 (2) by striking ‘‘2007,’’ in subsection (a)(2) and 

13 inserting ‘‘2011,’’; and 

14 (3) by striking ‘‘2007’’ in subsection (c)(2) and 

15 inserting ‘‘2011’’. 

16 SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANS17 PORTATION SYSTEM PROJECTS. 

18 Section 44501(b) is amended— 

19 (1) by striking ‘‘and’’ after the semicolon in 

20 paragraph (3); 

21 (2) by striking ‘‘defense.’’ in paragraph (4) and 

22 inserting ‘‘defense; and’’; and 

23 (3) by adding at the end thereof the following: 

24 ‘‘(5) a list of projects that are part of the Next 

25 Generation Air Transportation System and do not 
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1 have as a primary purpose to operate or maintain 

2 the current air traffic control system.’’. 

3 SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 

4 AIRPORT PROGRAMS. 

5 (a) IN GENERAL.—Section 48105 is amended to read 

6 as follows: 

7 ‘‘§ 48105. Airport programs administrative expenses 

8 ‘‘Of the amount made available under section 48103 

9 of this title, the following may be available for administra10 tive expenses relating to the Airport Improvement Program, 

11 passenger facility charge approval and oversight, national 

12 airport system planning, airport standards development 

13 and enforcement, airport certification, airport-related envi14 ronmental activities (including legal services), and other 

15 airport-related activities (including airport technology re16 search), to remain available until expended— 

17 ‘‘(1) for fiscal year 2010, $94,000,000; and 

18 ‘‘(2) for fiscal year 2011, $98,000,000.’’. 

19 (b) CONFORMING AMENDMENT.—The table of contents 

20 for chapter 481 is amended by striking the item relating 

21 to section 48105 and inserting the following: 

‘‘48105. Airport programs administrative expenses’’. 

22 (c) PASSENGER ENPLANEMENT REPORT.— 

23 (1) IN GENERAL.—The Administrator of the Fed24 eral Aviation Administration shall prepare a report 

25 on every airport in the United States that reported 
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1 between 10,000 and 15,000 passenger enplanements 

2 during each of the 2 most recent years for which such 

3 data is available. 

4 (2) REPORT OBJECTIVES.—In carrying out the 

5 report under paragraph (1), the Administrator shall 

6 document the methods used by each subject airport to 

7 reach the 10,000 passenger enplanement threshold, in8 cluding whether airports subsidize commercial flights 

9 to reach such threshold. 

10 (3) REVIEW.—The Inspector General of the De11 partment of Transportation shall review the process of 

12 the Adminstrator in developing the report under 

13 paragraph (1). 

14 (4) REPORT.—The Administrator shall submit 

15 the report prepared under paragraph (1) to Congress 

16 and the Secretary of Transportation. 

17 TITLE II—AIRPORT 

18 IMPROVEMENTS 

19 SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU20 THORITY. 

21 (a) PASSENGER FACILITY CHARGE STREAMLINING.— 

22 Section 40117(c) is amended to read as follows: 

23 ‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION

24 OF PASSENGER FACILITY CHARGE.— 
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1 ‘‘(1) IN GENERAL.—An eligible agency must sub2 mit to those air carriers and foreign air carriers op3 erating at the airport with a significant business in4 terest, as defined in paragraph (3), and to the Sec5 retary and make available to the public annually a 

6 report, in the form required by the Secretary, on the 

7 status of the eligible agency’s passenger facility charge 

8 program, including— 

9 ‘‘(A) the total amount of program revenue 

10 held by the agency at the beginning of the 12 

11 months covered by the report; 

12 ‘‘(B) the total amount of program revenue 

13 collected by the agency during the period covered 

14 by the report; 

15 ‘‘(C) the amount of expenditures with pro16 gram revenue made by the agency on each eligi17 ble airport-related project during the period cov18 ered by the report; 

19 ‘‘(D) each airport-related project for which 

20 the agency plans to collect and use program rev21 enue during the next 12-month period covered by 

22 the report, including the amount of revenue pro23 jected to be used for such project; 
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1 ‘‘(E) the level of program revenue the agen2 cy plans to collect during the next 12-month pe3 riod covered by the report; 

4 ‘‘(F) a description of the notice and con5 sultation process with air carriers and foreign 

6 air carriers under paragraph (3), and with the 

7 public under paragraph (4), including a copy of 

8 any adverse comments received and how the 

9 agency responded; and 

10 ‘‘(G) any other information on the program 

11 that the Secretary may require. 

12 ‘‘(2) IMPLEMENTATION.—Subject to the require13 ments of paragraphs (3), (4), (5), and (6), the eligible 

14 agency may implement the planned collection and use 

15 of passenger facility charges in accordance with its 

16 report upon filing the report as required in para17 graph (1). 

18 ‘‘(3) CONSULTATION WITH CARRIERS FOR NEW

19 PROJECTS.— 

20 ‘‘(A) An eligible agency proposing to collect 

21 or use passenger facility charge revenue for a 

22 project not previously approved by the Secretary 

23 or not included in a report required by para24 graph (1) that was submitted in a prior year 

25 shall provide to air carriers and foreign air car-
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1 riers operating at the airport reasonable notice, 

2 and an opportunity to comment on the planned 

3 collection and use of program revenue before pro4 viding the report required under paragraph (1). 

5 The Secretary shall prescribe by regulation what 

6 constitutes reasonable notice under this para7 graph, which shall at a minimum include— 

8 ‘‘(i) that the eligible agency provide to 

9 air carriers and foreign air carriers oper10 ating at the airport written notice of the 

11 planned collection and use of passenger fa12 cility charge revenue; 

13 ‘‘(ii) that the notice include a full de14 scription and justification for a proposed 

15 project; 

16 ‘‘(iii) that the notice include a detailed 

17 financial plan for the proposed project; and 

18 ‘‘(iv) that the notice include the pro19 posed level for the passenger facility charge. 

20 ‘‘(B) An eligible agency providing notice 

21 and an opportunity for comment shall be deemed 

22 to have satisfied the requirements of this para23 graph if the eligible agency provides such notice 

24 to air carriers and foreign air carriers that have 

25 a significant business interest at the airport. For 
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1 purposes of this subparagraph, the term ‘signifi2 cant business interest’ means an air carrier or 

3 foreign air carrier that— 

4 ‘‘(i) had not less than 1.0 percent of 

5 passenger boardings at the airport in the 

6 prior calendar year; 

7 ‘‘(ii) had at least 25,000 passenger 

8 boardings at the airport in the prior cal9 endar year; or 

10 ‘‘(iii) provides scheduled service at the 

11 airport. 

12 ‘‘(C) Not later than 45 days after written 

13 notice is provided under subparagraph (A), each 

14 air carrier and foreign air carrier may provide 

15 written comments to the eligible agency indi16 cating its agreement or disagreement with the 

17 project or, if applicable, the proposed level for a 

18 passenger facility charge. 

19 ‘‘(D) The eligible agency may include, as 

20 part of the notice and comment process, a con21 sultation meeting to discuss the proposed project 

22 or, if applicable, the proposed level for a pas23 senger facility charge. If the agency provides a 

24 consultation meeting, the written comments spec-
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1 ified in subparagraph (C) shall be due not later 

2 than 30 days after the meeting. 

3 ‘‘(4) PUBLIC NOTICE AND COMMENT.— 

4 ‘‘(A) An eligible agency proposing to collect 

5 or use passenger facility charge revenue for a 

6 project not previously approved by the Secretary 

7 or not included in a report required by para8 graph (1) that was filed in a prior year shall 

9 provide reasonable notice and an opportunity for 

10 public comment on the planned collection and 

11 use of program revenue before providing the re12 port required in paragraph (1). 

13 ‘‘(B) The Secretary shall prescribe by regu14 lation what constitutes reasonable notice under 

15 this paragraph, which shall at a minimum re16 quire— 

17 ‘‘(i) that the eligible agency provide 

18 public notice of intent to collect a passenger 

19 facility charge so as to inform those inter20 ested persons and agencies that may be af21 fected; 

22 ‘‘(ii) appropriate methods of publica23 tion, which may include notice in local 

24 newspapers of general circulation or other 
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1 local media, or posting of the notice on the 

2 agency’s Internet website; and 

3 ‘‘(iii) submission of public comments 

4 no later than 45 days after the date of the 

5 publication of the notice. 

6 ‘‘(5) OBJECTIONS.— 

7 ‘‘(A) Any interested person may file with 

8 the Secretary a written objection to a proposed 

9 project included in a notice under this para10 graph provided that the filing is made within 30 

11 days after submission of the report specified in 

12 paragraph (1). 

13 ‘‘(B) The Secretary shall provide not less 

14 than 30 days for the eligible agency to respond 

15 to any filed objection. 

16 ‘‘(C) Not later than 90 days after receiving 

17 the eligible agency’s response to a filed objection, 

18 the Secretary shall make a determination wheth19 er or not to terminate authority to collect the 

20 passenger facility charge for the project, based on 

21 the filed objection. The Secretary shall state the 

22 reasons for any determination. The Secretary 

23 may only terminate authority if— 

24 ‘‘(i) the project is not an eligible air25 port related project; 
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1 ‘‘(ii) the eligible agency has not com2 plied with the requirements of this section 

3 or the Secretary’s implementing regulations 

4 in proposing the project; 

5 ‘‘(iii) the eligible agency has been 

6 found to be in violation of section 47107(b) 

7 of this title and has failed to take corrective 

8 action, prior to the filing of the objection; or 

9 ‘‘(iv) in the case of a proposed increase 

10 in the passenger facility charge level, the 

11 level is not authorized by this section. 

12 ‘‘(D) Upon issuance of a decision termi13 nating authority, the public agency shall prepare 

14 an accounting of passenger facility revenue col15 lected under the terminated authority and restore 

16 the funds for use on other authorized projects. 

17 ‘‘(E) Except as provided in subparagraph 

18 (C), the eligible agency may implement the 

19 planned collection and use of a passenger facility 

20 charge in accordance with its report upon filing 

21 the report as specified in paragraph (1)(A). 

22 ‘‘(6) APPROVAL REQUIREMENT FOR INCREASED

23 PASSENGER FACILITY CHARGE OR INTERMODAL

24 GROUND ACCESS PROJECT.— 
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1 ‘‘(A) An eligible agency may not collect or 

2 use a passenger facility charge to finance an 

3 intermodal ground access project, or increase a 

4 passenger facility charge, unless the project is 

5 first approved by the Secretary in accordance 

6 with this paragraph. 

7 ‘‘(B) The eligible agency may submit to the 

8 Secretary an application for authority to impose 

9 a passenger facility charge for an intermodal 

10 ground access project or to increase a passenger 

11 facility charge. The application shall contain in12 formation and be in the form that the Secretary 

13 may require by regulation but, at a minimum, 

14 must include copies of any comments received by 

15 the agency during the comment period described 

16 by subparagraph (C). 

17 ‘‘(C) Before submitting an application 

18 under this paragraph, an eligible agency must 

19 provide air carriers and foreign air carriers op20 erating at the airport, and the public, reasonable 

21 notice of and an opportunity to comment on a 

22 proposed intermodal ground access project or the 

23 increased passenger facility charge. Such notice 

24 and opportunity to comment shall conform to the 

25 requirements of paragraphs (3) and (4). 
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1 ‘‘(D) After receiving an application, the 

2 Secretary may provide air carriers, foreign air 

3 carriers and other interested persons notice and 

4 an opportunity to comment on the application. 

5 The Secretary shall make a final decision on the 

6 application not later than 120 days after receiv7 ing it.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) REFERENCES.— 

10 (A) Section 40117(a) is amended— 

11 (i) by striking ‘‘FEE’’ in the heading 

12 for paragraph (5) and inserting ‘‘CHARGE’’; 

13 and 

14 (ii) by striking ‘‘fee’’ each place it ap15 pears in paragraphs (5) and (6) and insert16 ing ‘‘charge’’. 

17 (B) Subsections (b), and subsections (d) 

18 through (m), of section 40117 are amended— 

19 (i) by striking ‘‘fee’’ or ‘‘fees’’ each 

20 place either appears and inserting ‘‘charge’’ 

21 or ‘‘charges’’, respectively; and 

22 (ii) by striking ‘‘FEE’’ in the sub23 section caption for subsection (l), and 

24 ‘‘FEES’’ in the subsection captions for sub-
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1 sections (e) and (m), and inserting 

2 ‘‘CHARGE’’ and ‘‘CHARGES’’, respectively. 

3 (C) The caption for section 40117 is amend4 ed to read as follows: 

5 ‘‘§ 40117. Passenger facility charges’’. 

6 (D) The table of contents for chapter 401 is 

7 amended by striking the item relating to section 

8 40117 and inserting the following: 

‘‘40117. Passenger facility charges’’. 

9 (2) LIMITATIONS ON APPROVING APPLICA10 TIONS.—Section 40117(d) is amended— 

11 (A) by striking ‘‘subsection (c) of this sec12 tion to finance a specific’’ and inserting ‘‘sub13 section (c)(6) of this section to finance an inter14 modal ground access’’; 

15 (B) by striking ‘‘specific’’ in paragraph (1); 

16 (C) by striking paragraph (2) and inserting 

17 the following: 

18 ‘‘(2) the project is an eligible airport-related 

19 project; and’’; 

20 (D) by striking ‘‘each of the specific 

21 projects; and’’ in paragraph (3) and inserting 

22 ‘‘the project.’’; and 

23 (E) by striking paragraph (4). 

24 (3) LIMITATIONS ON IMPOSING CHARGES.—Sec25 tion 40117(e)(1) is amended to read as follows: ‘‘(1) 
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1 An eligible agency may impose a passenger facility 

2 charge only subject to terms the Secretary may pre3 scribe to carry out the objectives of this section.’’. 

4 (4) LIMITATIONS ON CONTRACTS, LEASES, AND

5 USE AGREEMENTS.—Section 40117(f)(2) is amended 

6 by striking ‘‘long-term’’. 

7 (5) COMPLIANCE.—Section 40117(h) is amend8 ed— 

9 (A) by redesignating paragraph (3) as 

10 paragraph (4); and 

11 (B) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) The Secretary may, on complaint of an interested 

14 person or on the Secretary’s own initiative, conduct an in15 vestigation into an eligible agency’s collection and use of 

16 passenger facility charge revenue to determine whether a 

17 passenger facility charge is excessive or that passenger facil18 ity revenue is not being used as provided in this section. 

19 The Secretary shall prescribe regulations establishing proce20 dures for complaints and investigations. The regulations 

21 may provide for the issuance of a final agency decision 

22 without resort to an oral evidentiary hearing. The Secretary 

23 shall not accept complaints filed under this paragraph until 

24 after the issuance of regulations establishing complaint pro25 cedures.’’. 
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1 (6) PILOT PROGRAM FOR PFC AT NONHUB AIR2 PORTS.—Section 40117(l) is amended— 

3 (A) by striking ‘‘(c)(2)’’ in paragraph (2) 

4 and inserting ‘‘(c)(3)’’; and 

5 (B) by striking ‘‘October 1, 2009.’’ in para6 graph (7) and inserting ‘‘the date of issuance of 

7 regulations to carry out subsection (c) of this sec8 tion, as amended by the FAA Air Transpor9 tation Modernization and Safety Improvement 

10 Act.’’. 

11 (7) PROHIBITION ON APPROVING PFC APPLICA12 TIONS FOR AIRPORT REVENUE DIVERSION.—Section 

13 47111(e) is amended by striking ‘‘sponsor’’ the second 

14 place it appears in the first sentence and all that fol15 lows and inserting ‘‘sponsor. A sponsor shall not pro16 pose collection or use of passenger facility charges for 

17 any new projects under paragraphs (3) through (6) of 

18 section 40117(c) unless the Secretary determines that 

19 the sponsor has taken corrective action to address the 

20 violation and the violation no longer exists.’’. 

21 SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 

22 (a) IN GENERAL.—Section 40117 is amended by add23 ing at the end thereof the following: 

24 ‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE

25 COLLECTION PILOT PROGRAM.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall establish 

2 and conduct a pilot program at not more than 6 air3 ports under which an eligible agency may impose a 

4 passenger facility charge under this section without 

5 regard to the dollar amount limitations set forth in 

6 paragraph (1) or (4) of subsection (b) if the partici7 pating eligible agency meets the requirements of para8 graph (2). 

9 ‘‘(2) COLLECTION REQUIREMENTS.— 

10 ‘‘(A) DIRECT COLLECTION.—An eligible 

11 agency participating in the pilot program— 

12 ‘‘(i) may collect the charge from the 

13 passenger at the facility, via the Internet, or 

14 in any other reasonable manner; but 

15 ‘‘(ii) may not require or permit the 

16 charge to be collected by an air carrier or 

17 foreign air carrier for the flight segment. 

18 ‘‘(B) PFC COLLECTION REQUIREMENT NOT

19 TO APPLY.—Subpart C of part 158 of title 14, 

20 Code of Federal Regulations, does not apply to 

21 the collection of the passenger facility charge im22 posed by an eligible agency participating in the 

23 pilot program.’’. 

24 (b) GAO STUDY OF ALTERNATIVE MEANS OF COL25 LECTING PFCS.— 
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1 (1) IN GENERAL.—The Comptroller General shall 

2 conduct a study of alternative means of collection 

3 passenger facility charges imposed under section 

4 40117 of title 49, United States Code, that would per5 mit such charges to be collected without being in6 cluded in the ticket price. In the study, the Comp7 troller General shall consider, at a minimum— 

8 (A) collection options for arriving, con9 necting, and departing passengers at airports; 

10 (B) cost sharing or fee allocation methods 

11 based on passenger travel to address connecting 

12 traffic; and 

13 (C) examples of airport fees collected by do14 mestic and international airports that are not 

15 included in ticket prices. 

16 (2) REPORT.—No later than 1 year after the 

17 date of enactment of this Act, the Comptroller General 

18 shall submit a report on the study to the Senate Com19 mittee on Commerce, Science, and Transportation 

20 and the House of Representatives Committee on 

21 Transportation and Infrastructure containing the 

22 Comptroller General’s findings, conclusions, and rec23 ommendations. 

24 SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 

25 Section 47107 is amended— 
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1 (1) by striking ‘‘made;’’ in subsection 

2 (a)(16)(D)(ii) and inserting ‘‘made, except that, if 

3 there is a change in airport design standards that the 

4 Secretary determines is beyond the owner or opera5 tor’s control that requires the relocation or replace6 ment of an existing airport facility, the Secretary, 

7 upon the request of the owner or operator, may grant 

8 funds available under section 47114 to pay the cost 

9 of relocating or replacing such facility;’’; 

10 (2) by striking ‘‘purpose;’’ in subsection 

11 (c)(2)(A)(i) and inserting ‘‘purpose, which includes 

12 serving as noise buffer land;’’; 

13 (3) by striking ‘‘paid to the Secretary for deposit 

14 in the Fund if another eligible project does not exist.’’ 

15 in subsection (c)(2)(B)(iii) and inserting ‘‘reinvested 

16 in another project at the airport or transferred to an17 other airport as the Secretary prescribes.’’; and 

18 (4) by redesignating paragraph (3) of subsection 

19 (c) as paragraph (4) and inserting after paragraph 

20 (2) the following: 

21 ‘‘(3) In approving the reinvestment or transfer of pro22 ceeds under paragraph (2)(C)(iii), the Secretary shall give 

23 preference, in descending order, to— 

24 ‘‘(i) reinvestment in an approved noise compat25 ibility project; 
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1 ‘‘(ii) reinvestment in an approved project that is 

2 eligible for funding under section 47117(e); 

3 ‘‘(iii) reinvestment in an airport development 

4 project that is eligible for funding under section 

5 47114, 47115, or 47117 and meets the requirements 

6 of this chapter; 

7 ‘‘(iv) transfer to the sponsor of another public 

8 airport to be reinvested in an approved noise compat9 ibility project at such airport; and 

10 ‘‘(v) payment to the Secretary for deposit in the 

11 Airport and Airway Trust Fund established under 

12 section 9502 of the Internal Revenue Code of 1986 (26 

13 U.S.C. 9502).’’. 

14 SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 

15 (a) FEDERAL SHARE.—Section 47109 is amended— 

16 (1) by striking ‘‘subsection (b) or subsection (c)’’ 

17 in subsection (a) and inserting ‘‘subsection (b), (c), or 

18 (e)’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL

21 HUB TO MEDIUM HUB STATUS.—If the status of a small 

22 hub primary airport changes to a medium hub primary 

23 airport, the United States Government’s share of allowable 

24 project costs for the airport may not exceed 95 percent for 

25 2 fiscal years following such change in hub status.’’. 
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1 (b) TRANSITIONING AIRPORTS.—Section 

2 47114(f)(3)(B) is amended by striking ‘‘year 2004.’’ and 

3 inserting ‘‘years 2010 and 2011.’’. 

4 SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 

5 Section 47110 is amended— 

6 (1) by striking subsection (d) and inserting the 

7 following: 

8 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 

9 The Secretary may determine that the costs of relocating 

10 or replacing an airport-owned facility are allowable for an 

11 airport development project at an airport only if— 

12 ‘‘(1) the Government’s share of such costs is paid 

13 with funds apportioned to the airport sponsor under 

14 sections 47114(c)(1) or 47114(d)(2); 

15 ‘‘(2) the Secretary determines that the relocation 

16 or replacement is required due to a change in the Sec17 retary’s design standards; and 

18 ‘‘(3) the Secretary determines that the change is 

19 beyond the control of the airport sponsor.’’; 

20 (2) by striking ‘‘facilities, including fuel farms 

21 and hangars,’’ in subsection (h) and inserting ‘‘facili22 ties, as defined by section 47102,’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—Within 180 

25 days after the date of enactment of the FAA Air Transpor-
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1 tation Modernization and Safety Improvement Act, the Ad2 ministrator shall analyze the conclusions of ongoing studies 

3 of various types of commercially-available bird radar sys4 tems, based upon that analysis, if the Administrator deter5 mines such systems have no negative impact on existing 

6 navigational aids and that the expenditure of such funds 

7 is appropriate, the Administrator shall allow the purchase 

8 of bird-detecting radar systems as an allowable airport de9 velopment project costs subject to subsection (b). If a deter10 mination is made that such radar systems will not improve 

11 or negatively impact airport safety, the Administrator shall 

12 issue a report to the Senate Committee on Commerce, 

13 Science, and Transportation and the House of Representa14 tives Committee on Transportation and Infrastructure on 

15 why that determination was made.’’. 

16 SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 

17 Section 47133(b) is amended— 

18 (1) by resetting the text of the subsection as an 

19 indented paragraph 2 ems from the left margin; 

20 (2) by inserting ‘‘(1)’’ before ‘‘Subsection’’; and 

21 (3) by adding at the end thereof the following: 

22 ‘‘(2) In the case of a privately owned airport, 

23 subsection (a) shall not apply to the proceeds from the 

24 sale of the airport to a public sponsor if— 

25 ‘‘(A) the sale is approved by the Secretary; 
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1 ‘‘(B) funding is provided under this title for 

2 the public sponsor’s acquisition; and 

3 ‘‘(C) an amount equal to the remaining 

4 unamortized portion of the original grant, amor5 tized over a 20-year period, is repaid to the Sec6 retary by the private owner for deposit in the 

7 Trust Fund for airport acquisitions. 

8 ‘‘(3) This subsection shall apply to grants issued 

9 on or after October 1, 1996.’’. 

10 SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 

11 COSTS. 

12 Notwithstanding section 47109(a) of title 49, United 

13 States Code, the Federal Government’s share of allowable 

14 project costs for a grant made in fiscal year 2008, 2009, 

15 2010, or 2011 under chapter 471 of that title for a project 

16 described in paragraph (2) or (3) of that section shall be 

17 95 percent. 

18 SEC. 207(b). PROHIBITION ON USE OF PASSENGER FACILITY 

19 CHARGES TO CONSTRUCT BICYCLE STORAGE 

20 FACILITIES. 

21 Section 40117(a)(3) is amended— 

22 (1) by redesignating subparagraphs (A) through 

23 (G) as clauses (i) through (vii); 

24 (2) by striking ‘‘The term’’ and inserting the fol25 lowing: 
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1 ‘‘(A) IN GENERAL.—The term’’; and 

2 (3) by adding at the end the following: 

3 ‘‘(B) BICYCLE STORAGE FACILITIES.—A 

4 project to construct a bicycle storage facility may 

5 not be considered an eligible airport-related 

6 project.’’. 

7 SEC. 208. MISCELLANEOUS AMENDMENTS. 

8 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN9 TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend10 ed— 

11 (1) by striking ‘‘each airport to—’’ in subsection 

12 (a) and inserting ‘‘the airport system to—’’; 

13 (2) by striking ‘‘system in the particular area;’’ 

14 in subsection (a)(1) and inserting ‘‘system, including 

15 connection to the surface transportation network; 

16 and’’; 

17 (3) by striking ‘‘aeronautics; and’’ in subsection 

18 (a)(2) and inserting ‘‘aeronautics.’’; 

19 (4) by striking subsection (a)(3); 

20 (5) by inserting ‘‘and’’ after the semicolon in 

21 subsection (b)(1); 

22 (6) by striking paragraph (2) of subsection (b) 

23 and redesignating paragraph (3) as paragraph (2); 

24 (7) by striking ‘‘operations, Short Takeoff and 

25 Landing/Very Short Takeoff and Landing aircraft op-
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1 erations,’’ in subsection (b)(2), as redesignated, and 

2 inserting ‘‘operations’’; and 

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

4 (b) UPDATE VETERANS PREFERENCE DEFINITION.— 

5 Section 47112(c) is amended— 

6 (1) by striking ‘‘separated from’’ in paragraph 

7 (1)(B) and inserting ‘‘discharged or released from ac8 tive duty in’’; 

9 (2) by adding at the end of paragraph (1) the 

10 following: 

11 ‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 

12 individual who served on active duty, as defined by 

13 section 101(21) of title 38, at any time in the armed 

14 forces for a period of more than 180 consecutive days, 

15 any part of which occurred during the period begin16 ning on September 11, 2001, and ending on the date 

17 prescribed by Presidential proclamation or by law as 

18 the last date of Operation Iraqi Freedom.’’; 

19 (3) by striking ‘‘veterans and’’ in paragraph (2) 

20 and inserting ‘‘veterans, Afghanistan-Iraq war vet21 erans, and’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(3) A contract involving labor for carrying out an 

24 airport development project under a grant agreement under 

25 this subchapter must require that a preference be given to 
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1 the use of small business concerns (as defined in section 3 

2 of the Small Business Act (15 U.S.C. 632)) owned and con3 trolled by disabled veterans.’’. 

4 (c) ANNUAL REPORT.—Section 47131(a) is amended— 

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

6 1’’; and 

7 (2) by striking paragraphs (1) through (4) and 

8 inserting the following: 

9 ‘‘(1) a summary of airport development and 

10 planning completed; 

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

12 ‘‘(3) an accounting of discretionary and appor13 tioned funds allocated; and 

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

15 (d) SUNSET OF PROGRAM.—Section 47137 is repealed 

16 effective September 30, 2008. 

17 (e) CORRECTION TO EMISSION CREDITS PROVISION.— 

18 Section 47139 is amended— 

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

20 (2) by striking ‘‘47102(3)(F), 47102(3)(K), 

21 47102(3)(L), or 47140’’ in subsection (b) and insert22 ing ‘‘47102(3)(K) or 47102(3)(L)’’; and 

23 (3) by striking ‘‘40117(a)(3)(G), 47103(3)(F), 

24 47102(3)(K), 47102(3)(L), or 47140,’’ in subsection 
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1 (b) and inserting ‘‘40117(a)(3)(G), 47102(3)(K), or 

2 47102(3)(L),’’; and 

3 (f) CORRECTION TO SURPLUS PROPERTY AUTHOR4 ITY.—Section 47151(e) is amended by striking ‘‘(other than 

5 real property that is subject to section 2687 of title 10, sec6 tion 201 of the Defense Authorization Amendments and 

7 Base Closure and Realignment Act (10 U.S.C. 2687 note), 

8 or section 2905 of the Defense Base Closure and Realign9 ment Act of 1990 (10 U.S.C. 2687 note),’’. 

10 (g) AIRPORT CAPACITY BENCHMARK REPORTS; DEFI11 NITION OF JOINT USE AIRPORT.—Section 47175 is amend12 ed— 

13 (1) by striking ‘‘Airport Capacity Benchmark 

14 Report 2001.’’ in paragraph (2) and inserting ‘‘2001 

15 and 2004 Airport Capacity Benchmark Reports or of 

16 the most recent Benchmark report, Future Airport 

17 Capacity Task Report, or other comparable FAA re18 port.’’; and 

19 (2) by adding at the end thereof the following: 

20 ‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 

21 airport’ means an airport owned by the United States 

22 Department of Defense, at which both military and 

23 civilian aircraft make shared use of the airfield.’’. 

24 (h) USE OF APPORTIONED AMOUNTS.—Section 

25 47117(e)(1)(A) is amended— 
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1 (1) by striking ‘‘35 percent’’ in the first sentence 

2 and inserting ‘‘$300,000,000’’; 

3 (2) by striking ‘‘and’’ after ‘‘47141,’’; 

4 (3) by striking ‘‘et seq.).’’ and inserting ‘‘et seq.), 

5 and for water quality mitigation projects to comply 

6 with the Act of June 30, 1948 (33 U.S.C. 1251 et 

7 seq.), approved in an environmental record of deci8 sion for an airport development project under this 

9 title.’’; and 

10 (4) by striking ‘‘such 35 percent requirement is’’ 

11 in the second sentence and inserting ‘‘the require12 ments of the preceding sentence are’’. 

13 (i) USE OF PREVIOUS FISCAL YEAR’S APPORTION14 MENT.—Section 47114(c)(1) is amended— 

15 (1) by striking ‘‘and’’ after the semicolon in sub16 paragraph (E)(ii); 

17 (2) by striking ‘‘airport.’’ in subparagraph 

18 (E)(iii) and inserting ‘‘airport; and’’; 

19 (3) by adding at the end of subparagraph (E) 

20 the following: 

21 ‘‘(iv) the airport received scheduled or 

22 unscheduled air service from a large cer23 tified air carrier (as defined in part 241 of 

24 title 14, Code of Federal Regulations, or 

25 such other regulations as may be issued by 
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1 the Secretary under the authority of section 

2 41709) and the Secretary determines that 

3 the airport had more than 10,000 passenger 

4 boardings in the preceding calendar year, 

5 based on data submitted to the Secretary 

6 under part 241 of title 14, Code of Federal 

7 Regulations.’’; 

8 (4) in subparagraph (G)— 

9 (A) by striking ‘‘FISCAL YEAR 2006’’ in the 

10 heading and inserting ‘‘FISCAL YEARS 2008 

11 THROUGH 2011’’; 

12 (B) by striking ‘‘fiscal year 2006’’ and in13 serting ‘‘fiscal years 2008 through 2011’’; 

14 (C) by striking clause (i) and inserting the 

15 following: 

16 ‘‘(i) the average annual passenger 

17 boardings at the airport for calendar years 

18 2004 through 2006 were below 10,000 per 

19 year;’’; and 

20 (D) by striking ‘‘2000 or 2001;’’ in clause 

21 (ii) and inserting ‘‘2003;’’; and 

22 (5) by adding at the end thereof the following: 

23 ‘‘(H) SPECIAL RULE FOR FISCAL YEARS 2010 

24 AND 2011.—Notwithstanding subparagraph (A), for 

25 an airport that had more than 10,000 passenger 
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1 boardings and scheduled passenger aircraft service in 

2 calendar year 2007, but in either calendar years 2008 

3 or 2009, or both years, the number of passenger 

4 boardings decreased to a level below 10,000 boardings 

5 per year at such airport, the Secretary may appor6 tion in fiscal years 2010 or 2011 to the sponsor of 

7 such an airport an amount equal to the amount ap8 portioned to that sponsor in fiscal year 2009.’’. 

9 (j) MOBILE REFUELER PARKING CONSTRUCTION.— 

10 Section 47102(3) is amended by adding at the end the fol11 lowing: 

12 ‘‘(M) construction of mobile refueler parking 

13 within a fuel farm at a nonprimary airport 

14 meeting the requirements of section 112.8 of title 

15 40, Code of Federal Regulations.’’. 

16 (k) DISCRETIONARY FUND.—Section 47115(g)(1) is 

17 amended by striking ‘‘of—’’ and all that follows and insert18 ing ‘‘of $520,000,000. The amount credited is exclusive of 

19 amounts that have been apportioned in a prior fiscal year 

20 under section 47114 of this title and that remain available 

21 for obligation.’’. 

22 SEC. 209. STATE BLOCK GRANT PROGRAM. 

23 Section 47128 is amended— 

24 (1) by striking ‘‘regulations’’ each place it ap25 pears in subsection (a) and inserting ‘‘guidance’’; 
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1 (2) by striking ‘‘grant;’’ in subsection (b)(4) and 

2 inserting ‘‘grant, including Federal environmental re3 quirements or an agreed upon equivalent;’’; 

4 (3) by redesignating subsection (c) as subsection 

5 (d) and inserting after subsection (b) the following: 

6 ‘‘(c) PROJECT ANALYSIS AND COORDINATION RE7 QUIREMENTS.—Any Federal agency that must approve, li8 cense, or permit a proposed action by a participating State 

9 shall coordinate and consult with the State. The agency 

10 shall utilize the environmental analysis prepared by the 

11 State, provided it is adequate, or supplement that analysis 

12 as necessary to meet applicable Federal requirements.’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(e) PILOT PROGRAM.—The Secretary shall establish 

15 a pilot program for up to 3 States that do not participate 

16 in the program established under subsection (a) that is con17 sistent with the program under subsection (a).’’. 

18 SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR RE19 VIEWS. 

20 Section 47173(a) is amended by striking ‘‘project.’’ 

21 and inserting ‘‘project, or to conduct special environmental 

22 studies related to a federally funded airport project or for 

23 special studies or reviews to support approved noise com24 patibility measures in a Part 150 program or environ-
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1 mental mitigation in a Federal Aviation Administration 

2 Record of Decision or Finding of No Significant Impact.’’. 

3 SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

4 PROCEDURES. 

5 Section 47504 is amended by adding at the end the 

6 following: 

7 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE8 DURES.— 

9 ‘‘(1) The Secretary is authorized in accordance 

10 with subsection (c)(1) to make a grant to an airport 

11 operator to assist in completing environmental review 

12 and assessment activities for proposals to implement 

13 flight procedures that have been approved for airport 

14 noise compatibility planning purposes under sub15 section (b). 

16 ‘‘(2) The Administrator of the Federal Aviation 

17 Administration may accept funds from an airport 

18 sponsor, including funds provided to the sponsor 

19 under paragraph (1), to hire additional staff or ob20 tain the services of consultants in order to facilitate 

21 the timely processing, review and completion of envi22 ronmental activities associated with proposals to im23 plement flight procedures submitted and approved for 

24 airport noise compatibility planning purposes in ac25 cordance with this section. Funds received under this 
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1 authority shall not be subject to the procedures appli2 cable to the receipt of gifts by the Administrator.’’. 

3 SEC. 212. SAFETY-CRITICAL AIRPORTS. 

4 Section 47118(c) is amended— 

5 (1) by striking ‘‘or’’ after the semicolon in para6 graph (1); 

7 (2) by striking ‘‘delays.’’ in paragraph (2) and 

8 inserting ‘‘delays; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(3) be critical to the safety of commercial, mili11 tary, or general aviation in trans-oceanic flights.’’. 

12 SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION 

13 PILOT PROGRAM. 

14 (a) PILOT PROGRAM.—Subchapter I of chapter 471 is 

15 amended by adding at the end thereof the following: 

16 ‘‘§ 47143. Environmental mitigation demonstration 

17 pilot program 

18 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

19 shall carry out a pilot program involving not more than 

20 6 projects at public-use airports under which the Secretary 

21 may make grants to sponsors of such airports from funds 

22 apportioned under paragraph 47117(e)(1)(A) for use at 

23 such airports for environmental mitigation demonstration 

24 projects that will measurably reduce or mitigate aviation 

25 impacts on noise, air quality or water quality in the vicin-
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1 ity of the airport. Notwithstanding any other provision of 

2 this subchapter, an environmental mitigation demonstra3 tion project approved under this section shall be treated as 

4 eligible for assistance under this subchapter. 

5 ‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public6 use airport shall be eligible for participation in the pilot. 

7 ‘‘(c) SELECTION CRITERIA.—In selecting from among 

8 applicants for participation in the pilot program, the Sec9 retary may give priority consideration to environmental 

10 mitigation demonstration projects that— 

11 ‘‘(1) will achieve the greatest reductions in air12 craft noise, airport emissions, or airport water qual13 ity impacts either on an absolute basis, or on a per14 dollar-of-funds expended basis; and 

15 ‘‘(2) will be implemented by an eligible consor16 tium. 

17 ‘‘(d) FEDERAL SHARE.—Notwithstanding any other 

18 provision of this subchapter, the United States Govern19 ment’s share of the costs of a project carried out under this 

20 section shall be 50 percent. 

21 ‘‘(e) MAXIMUM AMOUNT.—Not more than $2,500,000 

22 may be made available by the Secretary in grants under 

23 this section for any single project. 

24 ‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis25 trator may develop and publish information identifying 
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1 best practices for reducing or mitigating aviation impacts 

2 on noise, air quality, or water quality in the vicinity of 

3 airports, based on the projects carried out under the pilot 

4 program. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligible 

7 consortium’ means a consortium that comprises 2 or 

8 more of the following entities: 

9 ‘‘(A) Businesses operating in the United 

10 States. 

11 ‘‘(B) Public or private educational or re12 search organizations located in the United 

13 States. 

14 ‘‘(C) Entities of State or local governments 

15 in the United States. 

16 ‘‘(D) Federal laboratories. 

17 ‘‘(2) ENVIRONMENTAL MITIGATION DEMONSTRA18 TION PROJECT.—The term ‘environmental mitigation 

19 demonstration project’ means a project that— 

20 ‘‘(A) introduces new conceptual environ21 mental mitigation techniques or technology with 

22 associated benefits, which have already been 

23 proven in laboratory demonstrations; 
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1 ‘‘(B) proposes methods for efficient adapta2 tion or integration of new concepts to airport op3 erations; and 

4 ‘‘(C) will demonstrate whether new tech5 niques or technology for environmental mitiga6 tion identified in research are— 

7 ‘‘(i) practical to implement at or near 

8 multiple public use airports; and 

9 ‘‘(ii) capable of reducing noise, airport 

10 emissions, or water quality impacts in 

11 measurably significant amounts.’’. 

12 (b) CONFORMING AMENDMENT.—The table of contents 

13 for chapter 471 is amended by inserting after the item relat14 ing to section 47142 the following: 

‘‘47143. Environmental mitigation demonstration pilot program’’. 

15 SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DE16 VELOPMENT PROGRAM. 

17 Section 47110(c) is amended— 

18 (1) by striking ‘‘; or’’ in paragraph (1) and in19 serting a semicolon; 

20 (2) by striking ‘‘project.’’ in paragraph (2) and 

21 inserting ‘‘project; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(3) necessarily incurred in anticipation of se24 vere weather.’’. 
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1 SEC. 215. GLYCOL RECOVERY VEHICLES. 

2 Section 47102(3)(G) is amended by inserting ‘‘includ3 ing acquiring glycol recovery vehicles,’’ after ‘‘aircraft,’’. 

4 SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT. 

5 Section 44504(b) is amended— 

6 (1) by striking ‘‘and’’ after the semicolon in 

7 paragraph (6); 

8 (2) by striking ‘‘aircraft.’’ in paragraph (7) and 

9 inserting ‘‘aircraft; and’’; and 

10 (3) by adding at the end thereof the following: 

11 ‘‘(8) to conduct research to support programs de12 signed to reduce gases and particulates emitted.’’. 

13 SEC. 217. UNITED STATES TERRITORY MINIMUM GUAR14 ANTEE. 

15 Section 47114(e) is amended— 

16 (1) by inserting ‘‘AND ANY UNITED STATES TER17 RITORY’’ after ‘‘ALASKA’’ in the subsection heading; 

18 and 

19 (2) by adding at the end thereof the following: 

20 ‘‘(5) UNITED STATES TERRITORY MINIMUM

21 GUARANTEE.—In any fiscal year in which the total 

22 amount apportioned to airports in a United States 

23 Territory under subsections (c) and (d) is less than 

24 1.5 percent of the total amount apportioned to all air25 ports under those subsections, the Secretary may ap26 portion to the local authority in any United States 
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1 Territory responsible for airport development projects 

2 in that fiscal year an amount equal to the difference 

3 between 1.5 percent of the total amounts apportioned 

4 under subsections (c) and (d) in that fiscal year and 

5 the amount otherwise apportioned under those sub6 sections to airports in a United States Territory in 

7 that fiscal year.’’. 

8 SEC. 218. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, including the Federal Airport Act (as in effect 

11 on August 8, 1958), the United States releases, without 

12 monetary consideration, all restrictions, conditions, and 

13 limitations on the use, encumbrance, or conveyance of cer14 tain land located in the municipality of Anchorage, Alaska, 

15 more particularly described as Tracts 22 and 24 of the 

16 Fourth Addition to the Town Site of Anchorage, Alaska, 

17 as shown on the plat of U.S. Survey No. 1456, accepted 

18 June 13, 1923, on file in the Bureau of Land Management, 

19 Department of Interior. 

20 (b) GRANTS.—Notwithstanding any other provision of 

21 law, the municipality of Anchorage shall be released from 

22 the repayment of any outstanding grant obligations owed 

23 by the municipality to the Federal Aviation Administration 

24 with respect to any land described in subsection (a) that 

25 is subsequently conveyed to or used by the Department of 
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1 Transportation and Public Facilities of the State of Alaska 

2 for the construction or reconstruction of a federally sub3 sidized highway project. 

4 SEC. 219. RELEASE FROM RESTRICTIONS. 

5 (a) IN GENERAL.—Subject to subsection (b), and not6 withstanding section 16 of the Federal Airport Act (as in 

7 effect on August 28, 1973) and sections 47125 and 47153 

8 of title 49, United States Code, the Secretary of Transpor9 tation is authorized to grant releases from any of the terms, 

10 conditions, reservations, and restrictions contained in the 

11 deed of conveyance dated August 28, 1973, under which the 

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

13 George, Utah, for airport purposes. 

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

15 of Transportation pursuant to subsection (a) shall be subject 

16 to the following conditions: 

17 (1) The city of St. George, Utah, shall agree that 

18 in conveying any interest in the property which the 

19 United States conveyed to the city by deed on August 

20 28, 1973, the city will receive an amount for such in21 terest which is equal to its fair market value. 

22 (2) Any amount received by the city under para23 graph (1) shall be used by the city of St. George, 

24 Utah, for the development or improvement of a re25 placement public airport. 
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1 SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS. 

2 Section 47118(g) is amended by striking ‘‘one’’ and 

3 inserting ‘‘three’’ in its place. 

4 SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING 

5 GROUP. 

6 (a) IN GENERAL.—The Administrator shall establish 

7 an airport sustainability working group to assist the Ad8 ministrator with issues pertaining to airport sustainability 

9 practices. 

10 (b) MEMBERSHIP.—The Working Group shall be com11 prised of not more than 15 members including— 

12 (1) the Administrator; 

13 (2) 5 member organizations representing avia14 tion interests including: 

15 (A) an organization representing airport 

16 operators; 

17 (B) an organization representing airport 

18 employees; 

19 (C) an organization representing air car20 riers; 

21 (D) an organization representing airport 

22 development and operations experts; 

23 (E) a labor organization representing avia24 tion employees. 

25 (3) 9 airport chief executive officers which shall 

26 include: 
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1 (A) at least one from each of the FAA Re2 gions; 

3 (B) at least 1 large hub; 

4 (C) at least 1 medium hub; 

5 (D) at least 1 small hub; 

6 (E) at least 1 non hub; 

7 (F) at least 1 general aviation airport. 

8 (c) FUNCTIONS.— 

9 (1) develop consensus-based best practices and 

10 metrics for the sustainable design, construction, plan11 ning, maintenance, and operation of an airport that 

12 comply with the guidelines prescribed by the Admin13 istrator; 

14 (2) develop standards for a consensus-based rat15 ing system based on the aforementioned best practices, 

16 metrics, and ratings; and 

17 (3) develop standards for a voluntary ratings 

18 process, based on the aforementioned best practices, 

19 metrics, and ratings; 

20 (4) examine and submit recommendations for the 

21 industry’s next steps with regard to sustainability. 

22 (d) DETERMINATION.—The Administrator shall pro23 vide assurance that the best practices developed by the work24 ing group under paragraph (a) are not in conflict with any 
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1 federal aviation or federal, state or local environmental reg2 ulation. 

3 (e) UNPAID POSITION.—Working Group members shall 

4 serve at their own expense and receive no salary, reimburse5 ment of travel expenses, or other compensation from the 

6 Federal Government. 

7 (f) NONAPPLICABILITY OF FACA.—The Federal Advi8 sory Committee Act (5 U.S.C. App.) shall not apply to the 

9 Working Group under this section. 

10 (g) REPORT.—Not later than one year after the date 

11 of enactment the Working Group shall submit a report to 

12 the Administrator containing the best practices and stand13 ards contained in paragraph (c). After receiving the report, 

14 the Administrator may publish such best practices in order 

15 to disseminate the information to support the sustainable 

16 design, construction, planning, maintenance, and oper17 ations of airports. 

18 (h) No funds may be authorized to carry out this pro19 vision. 

20 SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFI21 CIENCY OF AIRPORT BUILDINGS IN AIRPORT 

22 IMPROVEMENT PROJECTS. 

23 Section 47101(a) is amended— 

24 (1) in paragraph (12), by striking ‘‘; and’’ and 

25 inserting a semicolon; 
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1 (2) in paragraph (13), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(14) that the airport improvement program 

5 should be administered to allow measures to improve 

6 the efficiency of airport buildings to be included in 

7 airport improvement projects, such as measures de8 signed to meet one or more of the criteria for being 

9 a high-performance green building set forth in section 

10 401(13) of the Energy Independence and Security Act 

11 of 2007 (42 U.S.C. 17061(13)), if any significant in12 crease in upfront project costs from any such measure 

13 is justified by expected savings over the lifecycle of the 

14 project.’’. 

15 SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIR16 PORT IMPROVEMENT IN PROPORTION TO 

17 AMOUNTS OF AIR TRAFFIC. 

18 (a) STUDY AND REPORT REQUIRED.—Not later than 

19 180 days after the date of the enactment of this Act, the 

20 Administrator of the Federal Aviation Administration 

21 shall— 

22 (1) complete a study on the feasibility and advis23 ability of apportioning amounts under section 

24 47114(c)(1) of title 49, United States Code, to the 

25 sponsor of each primary airport for each fiscal year 
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1 an amount that bears the same ratio to the amount 

2 subject to the apportionment for fiscal year 2009 as 

3 the number of passenger boardings at the airport dur4 ing the prior calendar year bears to the aggregate of 

5 all passenger boardings at all primary airports dur6 ing that calendar year; and 

7 (2) submit to Congress a report on the study 

8 completed under paragraph (1). 

9 (b) REPORT CONTENTS.—The report required by sub10 section (a)(2) shall include the following: 

11 (1) A description of the study carried out under 

12 subsection (a)(1). 

13 (2) The findings of the Administrator with re14 spect to such study. 

15 (3) A list of each sponsor of a primary airport 

16 that received an amount under section 47114(c)(1) of 

17 title 49, United States Code, in 2009. 

18 (4) For each sponsor listed in accordance with 

19 paragraph (3), the following: 

20 (A) The amount such sponsor received, if 

21 any, in 2005, 2006, 2007, 2008, and 2009 under 

22 such section 47114(c)(1). 

23 (B) An explanation of how the amount 

24 awarded to such sponsor was determined. 
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1 (C) The average number of air passenger 

2 flights serviced each month at the airport of such 

3 sponsor in 2009. 

4 (D) The number of enplanements for air 

5 passenger transportation at such airport in 

6 2005, 2006, 2007, 2008, and 2009. 

7 TITLE III—AIR TRAFFIC CON8 TROL MODERNIZATION AND 

9 FAA REFORM 

10 SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER11 SIGHT BOARD. 

12 Section 106(p) is amended to read as follows: 

13 ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER14 SIGHT BOARD.— 

15 ‘‘(1) ESTABLISHMENT.—Within 90 days after the 

16 date of enactment of the FAA Air Transportation 

17 Modernization and Safety Improvement Act, the Sec18 retary shall establish and appoint the members of an 

19 advisory Board which shall be known as the Air Traf20 fic Control Modernization Oversight Board. 

21 ‘‘(2) MEMBERSHIP.—The Board shall be com22 prised of the individual appointed or designated 

23 under section 302 of the FAA Air Transportation 

24 Modernization and Safety Improvement Act (who 
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1 shall serve ex officio without the right to vote) and 9 

2 other members, who shall consist of— 

3 ‘‘(A) the Administrator and a representa4 tive from the Department of Defense; 

5 ‘‘(B) 1 member who shall have a fiduciary 

6 responsibility to represent the public interest; 

7 and 

8 ‘‘(C) 6 members representing aviation inter9 ests, as follows: 

10 ‘‘(i) 1 representative that is the chief 

11 executive officer of an airport. 

12 ‘‘(ii) 1 representative that is the chief 

13 executive officer of a passenger or cargo air 

14 carrier. 

15 ‘‘(iii) 1 representative of a labor orga16 nization representing employees at the Fed17 eral Aviation Administration that are in18 volved with the operation of the air traffic 

19 control system. 

20 ‘‘(iv) 1 representative with extensive 

21 operational experience in the general avia22 tion community. 

23 ‘‘(v) 1 representative from an aircraft 

24 manufacturer. 
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1 ‘‘(vi) 1 representative of a labor orga2 nization representing employees at the Fed3 eral Aviation Administration who are in4 volved with maintenance of the air traffic 

5 control system. 

6 ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 

7 ‘‘(A) Members of the Board appointed under 

8 paragraphs (2)(B) and (2)(C) shall be appointed 

9 by the President, by and with the advice and 

10 consent of the Senate. 

11 ‘‘(B) Members of the Board appointed under 

12 paragraph (2)(B) shall be citizens of the United 

13 States and shall be appointed without regard to 

14 political affiliation and solely on the basis of 

15 their professional experience and expertise in one 

16 or more of the following areas and, in the aggre17 gate, should collectively bring to bear expertise 

18 in— 

19 ‘‘(i) management of large service orga20 nizations; 

21 ‘‘(ii) customer service; 

22 ‘‘(iii) management of large procure23 ments; 

24 ‘‘(iv) information and communications 

25 technology; 
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1 ‘‘(v) organizational development; and 

2 ‘‘(vi) labor relations. 

3 ‘‘(C) Of the members first appointed under 

4 paragraphs (2)(B) and (2)(C)— 

5 ‘‘(i) 2 shall be appointed for terms of 

6 1 year; 

7 ‘‘(ii) 1 shall be appointed for a term of 

8 2 years; 

9 ‘‘(iii) 1 shall be appointed for a term 

10 of 3 years; and 

11 ‘‘(iv) 1 shall be appointed for a term 

12 of 4 years. 

13 ‘‘(4) FUNCTIONS.— 

14 ‘‘(A) IN GENERAL.—The Board shall— 

15 ‘‘(i) review and provide advice on the 

16 Administration’s modernization programs, 

17 budget, and cost accounting system; 

18 ‘‘(ii) review the Administration’s stra19 tegic plan and make recommendations on 

20 the non-safety program portions of the plan, 

21 and provide advice on the safety programs 

22 of the plan; 

23 ‘‘(iii) review the operational efficiency 

24 of the air traffic control system and make 
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1 recommendations on the operational and 

2 performance metrics for that system; 

3 ‘‘(iv) approve procurements of air traf4 fic control equipment in excess of 

5 $100,000,000; 

6 ‘‘(v) approve by July 31 of each year 

7 the Administrator’s budget request for fa8 cilities and equipment prior to its submis9 sion to the Office of Management and budg10 et, including which programs are proposed 

11 to be funded from the Air Traffic control 

12 system Modernization Account of the Air13 port and Airway Trust Fund; 

14 ‘‘(vi) approve the Federal Aviation Ad15 ministration’s Capital Investment Plan 

16 prior to its submission to the Congress; 

17 ‘‘(vii) annually review and make rec18 ommendations on the NextGen Implementa19 tion Plan; 

20 ‘‘(viii) approve the Administrator’s se21 lection of the Chief NextGen Officer ap22 pointed or designated under section 302(a) 

23 of the FAA Air Transportation Moderniza24 tion and Safety Improvement Act; and 
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1 ‘‘(ix) approve the selection of the head 

2 of the Joint Planning and Development Of3 fice. 

4 ‘‘(B) MEETINGS.—The Board shall meet on 

5 a regular and periodic basis or at the call of the 

6 Chairman or of the Administrator. 

7 ‘‘(C) ACCESS TO DOCUMENTS AND STAFF.— 

8 The Administration may give the Board appro9 priate access to relevant documents and per10 sonnel of the Administration, and the Adminis11 trator shall make available, consistent with the 

12 authority to withhold commercial and other pro13 prietary information under section 552 of title 5, 

14 cost data associated with the acquisition and op15 eration of air traffic control systems. Any mem16 ber of the Board who receives commercial or 

17 other proprietary data from the Administrator 

18 shall be subject to the provisions of section 1905 

19 of title 18, pertaining to unauthorized disclosure 

20 of such information. 

21 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT

22 TO APPLY.—The Federal Advisory Committee Act (5 

23 U.S.C. App.) shall not apply to the Board or such 

24 rulemaking committees as the Administrator shall 

25 designate. 
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1 ‘‘(6) ADMINISTRATIVE MATTERS.— 

2 ‘‘(A) TERMS OF MEMBERS.—Except as pro3 vided in paragraph (3)(C), members of the 

4 Board appointed under paragraph (2)(B) and 

5 (2)(C) shall be appointed for a term of 4 years. 

6 ‘‘(B) REAPPOINTMENT.—No individual may 

7 be appointed to the Board for more than 8 years 

8 total. 

9 ‘‘(C) VACANCY.—Any vacancy on the Board 

10 shall be filled in the same manner as the original 

11 position. Any member appointed to fill a va12 cancy occurring before the expiration of the term 

13 for which the member’s predecessor was ap14 pointed shall be appointed for a term of 4 years. 

15 ‘‘(D) CONTINUATION IN OFFICE.—A member 

16 of the Board whose term expires shall continue 

17 to serve until the date on which the member’s 

18 successor takes office. 

19 ‘‘(E) REMOVAL.—Any member of the Board 

20 appointed under paragraph (2)(B) or (2)(C) 

21 may be removed by the President for cause. 

22 ‘‘(F) CLAIMS AGAINST MEMBERS OF THE

23 BOARD.— 

24 ‘‘(i) IN GENERAL.—A member ap25 pointed to the Board shall have no personal 
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1 liability under State or Federal law with 

2 respect to any claim arising out of or re3 sulting from an act or omission by such 

4 member within the scope of service as a 

5 member of the Board. 

6 ‘‘(ii) EFFECT ON OTHER LAW.—This 

7 subparagraph shall not be construed— 

8 ‘‘(I) to affect any other immunity 

9 or protection that may be available to 

10 a member of the Board under applica11 ble law with respect to such trans12 actions; 

13 ‘‘(II) to affect any other right or 

14 remedy against the United States 

15 under applicable law; or 

16 ‘‘(III) to limit or alter in any 

17 way the immunities that are available 

18 under applicable law for Federal offi19 cers and employees. 

20 ‘‘(G) ETHICAL CONSIDERATIONS.—Each 

21 member of the Board appointed under para22 graph (2)(B) must certify that the member— 

23 ‘‘(i) does not have a pecuniary interest 

24 in, or own stock in or bonds of, an aviation 

25 or aeronautical enterprise, except an inter-
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1 est in a diversified mutual fund or an in2 terest that is exempt from the application of 

3 section 208 of title 18; 

4 ‘‘(ii) does not engage in another busi5 ness related to aviation or aeronautics; and 

6 ‘‘(iii) is not a member of any organi7 zation that engages, as a substantial part of 

8 its activities, in activities to influence avia9 tion-related legislation. 

10 ‘‘(H) CHAIRMAN; VICE CHAIRMAN.—The 

11 Board shall elect a chair and a vice chair from 

12 among its members, each of whom shall serve for 

13 a term of 2 years. The vice chair shall perform 

14 the duties of the chairman in the absence of the 

15 chairman. 

16 ‘‘(I) COMPENSATION.—No member shall re17 ceive any compensation or other benefits from the 

18 Federal Government for serving on the Board, 

19 except for compensation benefits for injuries 

20 under subchapter I of chapter 81 of title 5 and 

21 except as provided under subparagraph (J). 

22 ‘‘(J) EXPENSES.—Each member of the 

23 Board shall be paid actual travel expenses and 

24 per diem in lieu of subsistence expenses when 
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1 away from his or her usual place of residence, in 

2 accordance with section 5703 of title 5. 

3 ‘‘(K) BOARD RESOURCES.—From resources 

4 otherwise available to the Administrator, the 

5 Chairman shall appoint such staff to assist the 

6 board and provide impartial analysis, and the 

7 Administrator shall make available to the Board 

8 such information and administrative services 

9 and assistance, as may reasonably be required to 

10 enable the Board to carry out its responsibilities 

11 under this subsection. 

12 ‘‘(L) QUORUM AND VOTING.—A simple ma13 jority of members of the Board duly appointed 

14 shall constitute a quorum. A majority vote of 

15 members present and voting shall be required for 

16 the Committee to take action. 

17 ‘‘(7) AIR TRAFFIC CONTROL SYSTEM DEFINED.— 

18 In this subsection, the term ‘air traffic control system’ 

19 has the meaning given that term in section 

20 40102(a).’’. 

21 SEC. 302. NEXTGEN MANAGEMENT. 

22 (a) IN GENERAL.—The Administrator shall appoint or 

23 designate an individual, as the Chief NextGen Officer, to 

24 be responsible for implementation of all Administration 
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1 programs associated with the Next Generation Air Trans2 portation System. 

3 (b) SPECIFIC DUTIES.—The individual appointed or 

4 designated under subsection (a) shall— 

5 (1) oversee the implementation of all Adminis6 tration NextGen programs; 

7 (2) coordinate implementation of those NextGen 

8 programs with the Office of Management and Budget; 

9 (3) develop an annual NextGen implementation 

10 plan; 

11 (4) ensure that Next Generation Air Transpor12 tation System implementation activities are planned 

13 in such a manner as to require that system architec14 ture is designed to allow for the incorporation of 

15 novel and currently unknown technologies into the 

16 System in the future and that current decisions do 

17 not bias future decisions unfairly in favor of existing 

18 technology at the expense of innovation; and 

19 (5) oversee the Joint Planning and Development 

20 Office’s facilitation of cooperation among all Federal 

21 agencies whose operations and interests are affected 

22 by implementation of the NextGen programs. 
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1 SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF2 FIC SERVICES. 

3 Section 106(l) is amended by adding at the end the 

4 following: 

5 ‘‘(7) AIR TRAFFIC SERVICES.—In determining 

6 what actions to take, by rule or through an agreement 

7 or transaction under paragraph (6) or under section 

8 44502, to permit non-Government providers of com9 munications, navigation, surveillance or other services 

10 to provide such services in the National Airspace Sys11 tem, or to require the usage of such services, the Ad12 ministrator shall consider whether such actions 

13 would— 

14 ‘‘(A) promote the safety of life and property; 

15 ‘‘(B) improve the efficiency of the National 

16 Airspace System and reduce the regulatory bur17 den upon National Airspace System users, based 

18 upon sound engineering principles, user oper19 ational requirements, and marketplace demands; 

20 ‘‘(C) encourage competition and provide 

21 services to the largest feasible number of users; 

22 and 

23 ‘‘(D) take into account the unique role 

24 served by general aviation.’’. 
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1 SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 

2 REIMBURSABLE AGREEMENTS. 

3 Section 106(m) is amended by striking ‘‘without’’ in 

4 the last sentence and inserting ‘‘with or without’’. 

5 SEC. 305. CLARIFICATION TO ACQUISITION REFORM AU6 THORITY. 

7 Section 40110(c) is amended— 

8 (1) by inserting ‘‘and’’ after the semicolon in 

9 paragraph (3); 

10 (2) by striking paragraph (4); and 

11 (3) by redesignating paragraph (5) as para12 graph (4). 

13 SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 

14 Section 40113(e) is amended— 

15 (1) by inserting ‘‘(whether public or private)’’ in 

16 paragraph (1) after ‘‘authorities’’; 

17 (2) by striking ‘‘safety.’’ in paragraph (1) and 

18 inserting ‘‘safety or efficiency. The Administrator is 

19 authorized to participate in, and submit offers in re20 sponse to, competitions to provide these services, and 

21 to contract with foreign aviation authorities to pro22 vide these services consistent with the provisions 

23 under section 106(l)(6) of this title. The Adminis24 trator is also authorized, notwithstanding any other 

25 provision of law or policy, to accept payments in ar26 rears.’’; and 
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1 (3) by striking ‘‘appropriation from which ex2 penses were incurred in providing such services.’’ in 

3 paragraph (3) and inserting ‘‘appropriation current 

4 when the expenditures are or were paid, or the appro5 priation current when the amount is received.’’. 

6 SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 

7 Section 40122(g)(2) is amended— 

8 (1) by striking ‘‘and’’ after the semicolon in sub9 paragraph (G); 

10 (2) by striking ‘‘Board.’’ in subparagraph (H) 

11 and inserting ‘‘Board; and’’; and 

12 (3) by inserting at the end the following new 

13 subparagraph: 

14 ‘‘(I) subsections (b), (c), and (d) of section 

15 4507 (relating to Meritorious Executive or Dis16 tinguished Executive rank awards), and sub17 sections (b) and (c) of section 4507a (relating to 

18 Meritorious Senior Professional or Distinguished 

19 Senior Professional rank awards), except that— 

20 ‘‘(i) for purposes of applying such pro21 visions to the personnel management sys22 tem— 

23 ‘‘(I) the term ‘agency’ means the 

24 Department of Transportation; 
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1 ‘‘(II) the term ‘senior executive’ 

2 means a Federal Aviation Administra3 tion executive; 

4 ‘‘(III) the term ‘career appointee’ 

5 means a Federal Aviation Administra6 tion career executive; and 

7 ‘‘(IV) the term ‘senior career em8 ployee’ means a Federal Aviation Ad9 ministration career senior professional; 

10 ‘‘(ii) receipt by a career appointee of 

11 the rank of Meritorious Executive or Meri12 torious Senior Professional entitles such in13 dividual to a lump-sum payment of an 

14 amount equal to 20 percent of annual basic 

15 pay, which shall be in addition to the basic 

16 pay paid under the Federal Aviation Ad17 ministration Executive Compensation Plan; 

18 and 

19 ‘‘(iii) receipt by a career appointee of 

20 the rank of Distinguished Executive or Dis21 tinguished Senior Professional entitles the 

22 individual to a lump-sum payment of an 

23 amount equal to 35 percent of annual basic 

24 pay, which shall be in addition to the basic 

25 pay paid under the Federal Aviation Ad-
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1 ministration Executive Compensation 

2 Plan.’’. 

3 SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS4 MENT. 

5 (a) FAA CRITERIA FOR FACILITIES REALIGNMENT.— 

6 Within 9 months after the date of enactment of this Act, 

7 the Administrator, after providing an opportunity for pub8 lic comment, shall publish final criteria to be used in mak9 ing the Administrator’s recommendations for the realign10 ment of services and facilities to assist in the transition 

11 to next generation facilities and help reduce capital, oper12 ating, maintenance, and administrative costs with no ad13 verse effect on safety. 

14 (b) REALIGNMENT RECOMMENDATIONS.—Within 9 

15 months after publication of the criteria, the Administrator 

16 shall publish a list of the services and facilities that the 

17 Administrator recommends for realignment, including a 

18 justification for each recommendation and a description of 

19 the costs and savings of such transition, in the Federal Reg20 ister and allow 45 days for the submission of public com21 ments to the Board. In addition, the Administrator upon 

22 request shall hold a public hearing in any community that 

23 would be affected by a recommendation in the report. 

24 (c) STUDY BY BOARD.—The Air Traffic Control Mod25 ernization Oversight Board established by section 106(p) of 
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1 title 49, United States Code, shall study the Administrator’s 

2 recommendations for realignment and the opportunities, 

3 risks, and benefits of realigning services and facilities of 

4 the Administration to help reduce capital, operating, main5 tenance, and administrative costs with no adverse effect on 

6 safety. 

7 (d) REVIEW AND RECOMMENDATIONS.— 

8 (1) Based on its review and analysis of the Ad9 ministrator’s recommendations and any public com10 ment it may receive, the Board shall make its inde11 pendent recommendations for realignment of aviation 

12 services or facilities and submit its recommendations 

13 in a report to the President, the Senate Committee on 

14 Commerce, Science, and Transportation, and the 

15 House of Representatives Committee on Transpor16 tation and Infrastructure. 

17 (2) The Board shall explain and justify in its re18 port any recommendation made by the Board that is 

19 different from the recommendations made by the Ad20 ministrator pursuant to subsection (b). 

21 (3) The Administrator may not realign any air 

22 traffic control facilities or regional offices until the 

23 Board’s recommendations are complete, unless for 

24 each proposed realignment the Administrator and 

25 each exclusive bargaining representative certified 
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1 under section 7114 of title 5, United States Code, of 

2 affected employees execute a written agreement re3 garding the proposed realignment. 

4 (e) REALIGNMENT DEFINED.—In this section, the term 

5 ‘‘realignment’’— 

6 (1) means a relocation or reorganization of func7 tions, services, or personnel positions, including a fa8 cility closure, consolidation, deconsolidation, colloca9 tion, decombining, decoupling, split, or inter-facility 

10 or inter-regional reorganization that requires a reas11 signment of employees; but 

12 (2) does not include a reduction in personnel re13 sulting from workload adjustments. 

14 SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS15 TEM IMPLEMENTATION OFFICE. 

16 (a) IMPROVED COOPERATION AND COORDINATION

17 AMONG PARTICIPATING AGENCIES.—Section 709 of the Vi18 sion 100—Century of Aviation Reauthorization Act (49 

19 U.S.C. 40101 note) is amended— 

20 (1) by inserting ‘‘strategic and cross-agency’’ 

21 after ‘‘manage’’ in subsection (a)(1); 

22 (2) by adding at the end of subsection (a)(1) 

23 ‘‘The office shall be headed by a Director, who shall 

24 report to the Chief NextGen Officer appointed or des25 ignated under section 302(a) of the FAA Air Trans-
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1 portation Modernization and Safety Improvement 

2 Act.’’; 

3 (3) by inserting ‘‘(A)’’ after ‘‘(3)’’ in subsection 

4 (a)(3); 

5 (4) by inserting after subsection (a)(3) the fol6 lowing: 

7 ‘‘(B) The Administrator, the Secretary of 

8 Defense, the Administrator of the National Aero9 nautics and Space Administration, the Secretary 

10 of Commerce, the Secretary of Homeland Secu11 rity, and the head of any other Department or 

12 Federal agency from which the Secretary of 

13 Transportation requests assistance under sub14 paragraph (A) shall designate an implementa15 tion office to be responsible for— 

16 ‘‘(i) carrying out the Department or 

17 agency’s Next Generation Air Transpor18 tation System implementation activities 

19 with the Office; 

20 ‘‘(ii) liaison and coordination with 

21 other Departments and agencies involved in 

22 Next Generation Air Transportation System 

23 activities; and 

24 ‘‘(iii) managing all Next Generation 

25 Air Transportation System programs for 
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1 the Department or agency, including nec2 essary budgetary and staff resources, includ3 ing, for the Federal Aviation Administra4 tion, those projects described in section 

5 44501(b)(5) of title 49, United States Code). 

6 ‘‘(C) The head of any such Department or 

7 agency shall ensure that— 

8 ‘‘(i) the Department’s or agency’s Next 

9 Generation Air Transportation System re10 sponsibilities are clearly communicated to 

11 the designated office; and 

12 ‘‘(ii) the performance of supervisory 

13 personnel in that office in carrying out the 

14 Department’s or agency’s Next Generation 

15 Air Transportation System responsibilities 

16 is reflected in their annual performance 

17 evaluations and compensation decisions. 

18 ‘‘(D)(i) Within 6 months after the date of 

19 enactment of the FAA Air Transportation Mod20 ernization and Safety Improvement Act, the 

21 head of each such Department or agency shall 

22 execute a memorandum of understanding with 

23 the Office and with the other Departments and 

24 agencies participating in the Next Generation 

25 Air Transportation System project that— 
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1 ‘‘(I) describes the respective responsibil2 ities of each such Department and agency, 

3 including budgetary commitments; and 

4 ‘‘(II) the budgetary and staff resources 

5 committed to the project. 

6 ‘‘(ii) The memorandum shall be revised as 

7 necessary to reflect any changes in such respon8 sibilities or commitments and be reflected in 

9 each Department or agency’s budget request.’’; 

10 (5) by striking ‘‘beyond those currently included 

11 in the Federal Aviation Administration’s operational 

12 evolution plan’’ in subsection (b); 

13 (6) by striking ‘‘research and development road14 map’’ in subsection (b)(3) and inserting ‘‘implemen15 tation plan’’; 

16 (7) by striking ‘‘and’’ after the semicolon in sub17 section (b)(3)(B); 

18 (8) by inserting after subsection (b)(3)(C) the fol19 lowing: 

20 ‘‘(D) a schedule of rulemakings required to 

21 issue regulations and guidelines for implementa22 tion of the Next Generation Air Transportation 

23 System within a timeframe consistent with the 

24 integrated plan; and’’; 
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1 (9) by inserting ‘‘and key technologies’’ after 

2 ‘‘concepts’’ in subsection (b)(4); 

3 (10) by striking ‘‘users’’ in subsection (b)(4) and 

4 inserting ‘‘users, an implementation plan,’’; 

5 (11) by adding at the end of subsection (b) the 

6 following: 

7 ‘‘Within 6 months after the date of enactment of the FAA 

8 Air Transportation Modernization and Safety Improve9 ment Act, the Administrator shall develop the implementa10 tion plan described in paragraph (3) of this subsection and 

11 shall update it annually thereafter.’’; and 

12 (12) by striking ‘‘2010.’’ in subsection (e) and 

13 inserting ‘‘2011.’’. 

14 (b) SENIOR POLICY COMMITTEE MEETINGS.—Section 

15 710(a) of such Act (49 U.S.C. 40101 note) is amended by 

16 striking ‘‘Secretary.’’ and inserting ‘‘Secretary and shall 

17 meet at least once each quarter.’’. 

18 SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 

19 Section 40102(a)(4) is amended— 

20 (1) by striking subparagraph (B) and inserting 

21 the following: 

22 ‘‘(B) runway lighting and airport surface 

23 visual and other navigation aids;’’; 

24 (2) by striking ‘‘weather information, signaling, 

25 radio-directional finding, or radio or other electro-
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1 magnetic communication; and’’ in subparagraph (C) 

2 and inserting ‘‘aeronautical and meteorological infor3 mation to air traffic control facilities or aircraft, sup4 plying communication, navigation or surveillance 

5 equipment for air-to-ground or air-to-air applica6 tions;’’; 

7 (3) by striking ‘‘another structure’’ in subpara8 graph (D) and inserting ‘‘any structure, equipment,’’; 

9 (4) by striking ‘‘aircraft.’’ in subparagraph (D) 

10 and inserting ‘‘aircraft; and’’; and 

11 (5) by adding at the end the following: 

12 ‘‘(E) buildings, equipment, and systems 

13 dedicated to the National Airspace System.’’. 

14 SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN15 TORY. 

16 Section 40110(a)(2) is amended by striking ‘‘com17 pensation; and’’ and inserting ‘‘compensation, and the 

18 amount received may be credited to the appropriation cur19 rent when the amount is received; and’’. 

20 SEC. 312. EDUCATIONAL REQUIREMENTS. 

21 The Administrator shall make payments to the De22 partment of Defense for the education of dependent children 

23 of those Administration employees in Puerto Rico and 

24 Guam as they are subject to transfer by policy and practice 
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1 and meet the eligibility requirements of section 2164(c) of 

2 title 10, United States Code. 

3 SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM. 

4 Section 40122(a)(2) is amended to read as follows: 

5 ‘‘(2) DISPUTE RESOLUTION.— 

6 ‘‘(A) MEDIATION.—If the Administrator 

7 does not reach an agreement under paragraph 

8 (1) or subsection (g)(2)(C) with the exclusive 

9 bargaining representatives, the services of the 

10 Federal Mediation and Conciliation Service shall 

11 be used to attempt to reach such agreement in 

12 accordance with part 1425 of title 29, Code of 

13 Federal Regulations. The Administrator and 

14 bargaining representatives may by mutual agree15 ment adopt procedures for the resolution of dis16 putes or impasses arising in the negotiation of a 

17 collective-bargaining agreement. 

18 ‘‘(B) BINDING ARBITRATION.—If the serv19 ices of the Federal Mediation and Conciliation 

20 Service under subparagraph (A) do not lead to 

21 an agreement, the Administrator and the bar22 gaining representatives shall submit their issues 

23 in controversy to the Federal Service Impasses 

24 Panel in accordance with section 7119 of title 5. 

25 The Panel shall assist the parties in resolving the 
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1 impasse by asserting jurisdiction and ordering 

2 binding arbitration by a private arbitration 

3 board consisting of 3 members in accordance 

4 with section 2471.6(a)(2)(ii) of title 5, Code of 

5 Federal Regulations. The executive director of the 

6 Panel shall request a list of not less than 15 

7 names of arbitrators with Federal sector experi8 ence from the director of the Federal Mediation 

9 and Conciliation Service to be provided to the 

10 Administrator and the bargaining representa11 tives. Within 10 days after receiving the list, the 

12 parties shall each select 1 person. The 2 arbitra13 tors shall then select a third person from the list 

14 within 7 days. If the 2 arbitrators are unable to 

15 agree on the third person, the parties shall select 

16 the third person by alternately striking names 

17 from the list until only 1 name remains. If the 

18 parties do not agree on the framing of the issues 

19 to be submitted, the arbitration board shall 

20 frame the issues. The arbitration board shall give 

21 the parties a full and fair hearing, including an 

22 opportunity to present evidence in support of 

23 their claims, and an opportunity to present their 

24 case in person, by counsel, or by other represent25 ative as they may elect. Decisions of the arbitra-
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1 tion board shall be conclusive and binding upon 

2 the parties. The arbitration board shall render 

3 its decision within 90 days after its appoint4 ment. The Administrator and the bargaining 

5 representative shall share costs of the arbitration 

6 equally. The arbitration board shall take into 

7 consideration the effect of its arbitration deci8 sions on the Federal Aviation Administration’s 

9 ability to attract and retain a qualified work10 force and the Federal Aviation Administration’s 

11 budget. 

12 ‘‘(C) EFFECT.—Upon reaching a voluntary 

13 agreement or at the conclusion of the binding ar14 bitration under subparagraph (B) above, the 

15 final agreement, except for those matters decided 

16 by the arbitration board, shall be subject to rati17 fication by the exclusive representative, if so re18 quested by the exclusive representative, and ap19 proval by the head of the agency in accordance 

20 with subsection (g)(2)(C). 

21 ‘‘(D) ENFORCEMENT.—Enforcement of the 

22 provisions of this paragraph shall be in the 

23 United States District Court for the District of 

24 Columbia.’’. 
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1 SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES. 

2 (a) OEP AIRPORT PROCEDURES.— 

3 (1) IN GENERAL.—Within 6 months after the 

4 date of enactment of this Act, the Administrator shall 

5 publish a report, after consultation with representa6 tives of appropriate Administration employee groups, 

7 airport operators, air carriers, general aviation rep8 resentatives, and aircraft manufacturers that includes 

9 the following: 

10 (A) RNP/RNAV OPERATIONS.—The re11 quired navigation performance and area naviga12 tion operations, including the procedures to be 

13 developed, certified, and published and the air 

14 traffic control operational changes, to maximize 

15 the efficiency and capacity of NextGen commer16 cial operations at the 35 Operational Evolution 

17 Partnership airports identified by the Adminis18 tration. 

19 (B) COORDINATION AND IMPLEMENTATION

20 ACTIVITIES.—A description of the activities and 

21 operational changes and approvals required to 

22 coordinate and utilize those procedures at those 

23 airports. 

24 (C) IMPLEMENTATION PLAN.—A plan for 

25 implementing those procedures that establishes— 
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1 (i) clearly defined budget, schedule, 

2 project organization, and leadership re3 quirements; 

4 (ii) specific implementation and tran5 sition steps; and 

6 (iii) baseline and performance metrics 

7 for measuring the Administration’s progress 

8 in implementing the plan, including the 

9 percentage utilization of required naviga10 tion performance in the National Airspace 

11 System. 

12 (D) COST/BENEFIT ANALYSIS FOR THIRD13 PARTY USAGE.—An assessment of the costs and 

14 benefits of using third parties to assist in the de15 velopment of the procedures. 

16 (E) ADDITIONAL PROCEDURES.—A process 

17 for the identification, certification, and publica18 tion of additional required navigation perform19 ance and area navigation procedures that may 

20 be required at such airports in the future. 

21 (2) IMPLEMENTATION SCHEDULE.—The Admin22 istrator shall certify, publish, and implement— 

23 (A) 30 percent of the required procedures 

24 within 18 months after the date of enactment of 

25 this Act; 
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1 (B) 60 percent of the procedures within 36 

2 months after the date of enactment of this Act; 

3 and 

4 (C) 100 percent of the procedures before 

5 January 1, 2014. 

6 (b) EXPANSION OF PLAN TO OTHER AIRPORTS.— 

7 (1) IN GENERAL.—No later than January 1, 

8 2014, the Administrator shall publish a report, after 

9 consultation with representatives of appropriate Ad10 ministration employee groups, airport operators, and 

11 air carriers, that includes a plan for applying the 

12 procedures, requirements, criteria, and metrics de13 scribed in subsection (a)(1) to other airports across 

14 the Nation. 

15 (2) IMPLEMENTATION SCHEDULE.—The Admin16 istrator shall certify, publish, and implement— 

17 (A) 25 percent of the required procedures at 

18 such other airports before January 1, 2015; 

19 (B) 50 percent of the procedures at such 

20 other airports before January 1, 2016; 

21 (C) 75 percent of the procedures at such 

22 other airports before January 1, 2017; and 

23 (D) 100 percent of the procedures before 

24 January 1, 2018. 
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1 (c) ESTABLISHMENT OF PRIORITIES.—The Adminis2 trator shall extend the charter of the Performance Based 

3 Navigation Aviation Rulemaking Committee as necessary 

4 to authorize and request it to establish priorities for the de5 velopment, certification, publication, and implementation 

6 of the navigation performance and area navigation proce7 dures based on their potential safety and congestion bene8 fits. 

9 (d) COORDINATED AND EXPEDITED REVIEW.—Navi10 gation performance and area navigation procedures devel11 oped, certified, published, and implemented under this sec12 tion shall be presumed to be covered by a categorical exclu13 sion (as defined in section 1508.4 of title 40, Code of Fed14 eral Regulations) under chapter 3 of FAA Order 1050.1E 

15 unless the Administrator determines that extraordinary cir16 cumstances exist with respect to the procedure. 

17 (e) DEPLOYMENT PLAN FOR NATIONWIDE DATA COM18 MUNICATIONS SYSTEM.—Within 1 year after the date of en19 actment of this Act, the Administrator shall submit a plan 

20 for implementation of a nationwide communications system 

21 to the Senate Committee on Commerce, Science, and Trans22 portation and the House of Representatives Committee on 

23 Transportation and Infrastructure. The plan shall in24 clude— 
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1 (1) clearly defined budget, schedule, project orga2 nization, and leadership requirements; 

3 (2) specific implementation and transition steps; 

4 and 

5 (3) baseline and performance metrics for meas6 uring the Administration’s progress in implementing 

7 the plan. 

8 (f) IMPROVED PERFORMANCE STANDARDS.—Within 

9 90 days after the date of enactment of this Act, the Adminis10 trator shall submit a report to the Senate committee on 

11 commerce, Science, and Transportation and the House of 

12 Representatives Committee on Transportation and Infra13 structure that— 

14 (1) evaluates whether utilization of ADS–B, 

15 RNP, and other technologies as part of the NextGen 

16 Air Transportation System implementation plan will 

17 display the position of aircraft more accurately and 

18 frequently so as to enable a more efficient use of exist19 ing airspace and result in reduced consumption of 

20 aviation fuel and aircraft engine emissions; 

21 (2) evaluates the feasibility of reducing aircraft 

22 separation standards in a safe manner as a result of 

23 implementation of such technologies; and 
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1 (3) if the Administrator determines that such 

2 standards can be reduced safely, includes a timetable 

3 for implementation of such reduced standards. 

4 SEC. 315. ADS–B DEVELOPMENT AND IMPLEMENTATION. 

5 (a) IN GENERAL.— 

6 (1) REPORT REQUIRED.—Within 90 days after 

7 the date of enactment of this Act, the Administrator 

8 shall submit a report to the Senate Committee on 

9 Commerce, Science, and Transportation and the 

10 House of Representatives Committee on Transpor11 tation and Infrastructure detailing the Administra12 tion’s program and schedule for integrating ADS–B 

13 technology into the National Airspace System. The re14 port shall include— 

15 (A) a clearly defined budget, schedule, 

16 project organization, leadership, and the specific 

17 implementation or transition steps required to 

18 achieve these ADS–B ground station installation 

19 goals; 

20 (B) a transition plan for ADS–B that in21 cludes date-specific milestones for the implemen22 tation of new capabilities into the National Air23 space System; 
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1 (C) identification of any potential oper2 ational or workforce changes resulting from de3 ployment of ADS–B; 

4 (D) detailed plans and schedules for imple5 mentation of advanced operational procedures 

6 and ADS–B air-to-air applications; and 

7 (E) baseline and performance metrics in 

8 order to measure the agency’s progress. 

9 (2) IDENTIFICATION AND MEASUREMENT OF

10 BENEFITS.—In the report required by paragraph (1), 

11 the Administrator shall identify actual benefits that 

12 will accrue to National Airspace System users, small 

13 and medium-sized airports, and general aviation 

14 users from deployment of ADS–B and provide an ex15 planation of the metrics used to quantify those bene16 fits. 

17 (b) RULEMAKINGS.— 

18 (1) ADS–B OUT.—Not later than 45 days after 

19 the date of enactment of this Act the Administrator 

20 shall— 

21 (A) complete the initial rulemaking pro22 ceeding (Docket No. FAA–2007–29305; Notice 

23 No. 07–15; 72 FR 56947) to issue guidelines and 

24 regulations for ADS–B Out technology that— 
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1 (i) identify the ADS–B Out technology 

2 that will be required under NextGen; 

3 (ii) subject to paragraph (3), require 

4 all aircraft to be equipped with such tech5 nology by 2015; and 

6 (iii) identify— 

7 (I) the type of such avionics re8 quired of aircraft for all classes of air9 space; 

10 (II) the expected costs associated 

11 with the avionics; and 

12 (III) the expected uses and bene13 fits of the avionics; and 

14 (B) initiate a rulemaking proceeding to 

15 issue any additional guidelines and regulations 

16 for ADS–B Out technology not addressed in the 

17 initial rulemaking. 

18 (2) ADS–B IN.—Not later than 45 days after the 

19 date of enactment of this Act the Administrator shall 

20 initiate a rulemaking proceeding to issue guidelines 

21 and regulations for ADS–B In technology that— 

22 (A) identify the ADS–B In technology that 

23 will be required under NextGen; 
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1 (B) subject to paragraph (3), require all 

2 aircraft to be equipped with such technology by 

3 2018; and 

4 (C) identify— 

5 (i) the type of such avionics required of 

6 aircraft for all classes of airspace; 

7 (ii) the expected costs associated with 

8 the avionics; and 

9 (iii) the expected uses and benefits of 

10 the avionics. 

11 (3) READINESS VERIFICATION.—Before the date 

12 on which all aircraft are required to be equipped with 

13 ADS–B technology pursuant to rulemakings under 

14 paragraphs (1) and (2), the Air Traffic Control Mod15 ernization Oversight Board shall verify that— 

16 (A) the necessary ground infrastructure is 

17 installed and functioning properly; 

18 (B) certification standards have been ap19 proved; and 

20 (C) appropriate operational platforms 

21 interface safely and efficiently. 

22 (c) USES.—Within 18 months after the date of enact23 ment of this Act, the Administrator shall develop, in con24 sultation with appropriate employee groups, a plan for the 
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1 use of ADS–B technology for surveillance and active air 

2 traffic control by 2015. The plans shall— 

3 (1) include provisions to test the use of ADS–B 

4 prior to the 2015 deadline for surveillance and active 

5 air traffic control in specific regions of the country 

6 with the most congested airspace; 

7 (2) identify the equipment required at air traffic 

8 control facilities and the training required for air 

9 traffic controllers; 

10 (3) develop procedures, in consultation with ap11 propriate employee groups, to conduct air traffic 

12 management in mixed equipage environments; and 

13 (4) establish a policy in these test regions, with 

14 consultation from appropriate employee groups, to 

15 provide incentives for equipage with ADS–B tech16 nology by giving priority to aircraft equipped with 

17 such technology before the 2015 and 2018 equipage 

18 deadlines. 

19 (d) CONDITIONAL EXTENSION OF DEADLINES FOR

20 EQUIPPING AIRCRAFT WITH ADS–B TECHNOLOGY.— 

21 (1) ADS–B OUT.—In the case that the Adminis22 trator fails to complete the initial rulemaking de23 scribed in subparagraph (A) of subsection (b)(1) on or 

24 before the date that is 45 days after the date of the 

25 enactment of this Act, the deadline described in clause 
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1 (ii) of such subparagraph shall be extended by an 

2 amount of time that is equal to the amount of time 

3 of the period beginning on the date that is 45 days 

4 after the date of the enactment of this Act and ending 

5 on the date on which the Administrator completes 

6 such initial rulemaking. 

7 (2) ADS–B IN.—In the case that the Adminis8 trator fails to initiate the rulemaking required by 

9 paragraph (2) of subsection (b) on or before the date 

10 that is 45 days after the date of the enactment of this 

11 Act, the deadline described in subparagraph (B) of 

12 such paragraph shall be extended by an amount of 

13 time that is equal to the amount of time of the period 

14 beginning on the date that is 45 days after the date 

15 of the enactment of this Act and ending on the date 

16 on which the Administrator initiates such rule17 making. 

18 SEC. 316. EQUIPAGE INCENTIVES. 

19 (a) IN GENERAL.—The Administrator shall issue a re20 port that— 

21 (1) identifies incentive options to encourage the 

22 equipage of aircraft with NextGen technologies, in23 cluding a policy that gives priority to aircraft 

24 equipped with ADS–B technology; 
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1 (2) identifies the costs and benefits of each op2 tion; and 

3 (3) includes input from industry stakeholders, 

4 including passenger and cargo air carriers, aerospace 

5 manufacturers, and general aviation aircraft opera6 tors. 

7 (b) DEADLINE.—The Administrator shall issue the re8 port before the earlier of— 

9 (1) the date that is 6 months after the date of 

10 enactment of this Act; or 

11 (2) the date on which aircraft are required to be 

12 equipped with ADS–B technology pursuant to 

13 rulemakings under section 315(b) of this Act. 

14 SEC. 317. PERFORMANCE METRICS. 

15 (a) IN GENERAL.—No later than June 1, 2010, the Ad16 ministrator shall establish and track National Airspace 

17 System performance metrics, including, at a minimum— 

18 (1) the allowable operations per hour on run19 ways; 

20 (2) average gate-to-gate times; 

21 (3) fuel burned between key city pairs; 

22 (4) operations using the advanced procedures 

23 implemented under section 314 of this Act; 

24 (5) average distance flown between key city 

25 pairs; 
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1 (6) time between pushing back from the gate and 

2 taking off; 

3 (7) uninterrupted climb or descent; 

4 (8) average gate arrival delay for all arrivals; 

5 (9) flown versus filed flight times for key city 

6 pairs; and 

7 (10) metrics to demonstrate reduced fuel burn 

8 and reduced emissions. 

9 (b) OPTIMAL BASELINES.—The Administrator, in con10 sultation with aviation industry stakeholders, shall identify 

11 optimal baselines for each of these metrics and appropriate 

12 methods to measure deviations from these baselines. 

13 (c) PUBLICATION.—The Administration shall make the 

14 data obtained under subsection (a) available to the public 

15 in a searchable, sortable, downloadable format through its 

16 website and other appropriate media. 

17 (d) REPORTS.— 

18 (1) INITIAL REPORT.—Not later than 90 days 

19 after the date of enactment of this Act, the Adminis20 trator shall submit to the Senate Committee on Com21 merce, Science, and Transportation and the House of 

22 Representatives Committee on Transportation and 

23 Infrastructure that contains— 

24 (A) a description of the metrics that will be 

25 used to measure the Administration’s progress in 
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1 implementing NextGen Air Transportation Sys2 tem capabilities and operational results; and 

3 (B) information about how any additional 

4 metrics were developed. 

5 (2) ANNUAL PROGRESS REPORT.—The Adminis6 trator shall submit an annual progress report to those 

7 committees on the Administration’s progress in im8 plementing NextGen Air Transportation System. 

9 SEC. 318. CERTIFICATION STANDARDS AND RESOURCES. 

10 (a) IN GENERAL.—Within 6 months after the date of 

11 enactment of this Act, the Administrator shall develop a 

12 plan to accelerate and streamline the process for certifi13 cation of NextGen technologies, including— 

14 (1) updated project plans and timelines to meet 

15 the deadlines established by this title; 

16 (2) identification of the specific activities needed 

17 to certify core NextGen technologies, including the es18 tablishment of NextGen technical requirements for the 

19 manufacture of equipage, installation of equipage, 

20 airline operational procedures, pilot training stand21 ards, air traffic control procedures, and air traffic 

22 controller training; 

23 (3) staffing requirements for the Air Certifi24 cation Service and the Flight Standards Service, and 

25 measures addressing concerns expressed by the De-
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1 partment of Transportation Inspector General and 

2 the Comptroller General regarding staffing needs for 

3 modernization; 

4 (4) an assessment of the extent to which the Ad5 ministration will use third parties in the certification 

6 process, and the cost and benefits of this approach; 

7 and 

8 (5) performance metrics to measure the Adminis9 tration’s progress. 

10 (b) CERTIFICATION INTEGRITY.—The Administrator 

11 shall make no distinction between public or privately owned 

12 equipment, systems, or services used in the National Air13 space System when determining certification requirements. 

14 SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECH15 NOLOGY. 

16 Not later than 120 days after the date of the enactment 

17 of this Act, the Administrator of the Federal Aviation Ad18 ministration shall submit to Congress a report that con19 tains— 

20 (1) a financing proposal that— 

21 (A) uses innovative methods to fully fund 

22 the development and implementation of tech23 nology for the Next Generation Air Transpor24 tation System in a manner that does not in25 crease the Federal deficit; and 
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1 (B) takes into consideration opportunities 

2 for involvement by public-private partnerships; 

3 and 

4 (C) recommends creative financing pro5 posals other than user fees or higher taxes; and 

6 (2) recommendations with respect to how the Ad7 ministrator and Congress can provide operational 

8 benefits, such as benefits relating to preferred air9 space, routings, or runway access, for all aircraft, in10 cluding air carriers and general aviation, that equip 

11 their aircraft with technology necessary for the oper12 ation of the Next Generation Air Transportation Sys13 tem before the date by which the Administrator re14 quires the use of such technology. 

15 SEC. 320. UNMANNED AERIAL SYSTEMS. 

16 (a) IN GENERAL.—Within 1 year after the date of en17 actment of this Act, the Administrator shall develop a plan 

18 to accelerate the integration of unmanned aerial systems 

19 into the National Airspace System that— 

20 (1) creates a pilot project to integrate such vehi21 cles into the National Airspace System at 4 test sites 

22 in the National Airspace System by 2012; 

23 (2) creates a safe, non-exclusionary airspace des24 ignation for cooperative manned and unmanned 

25 flight operations in the National Airspace System; 
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1 (3) establishes a process to develop certification, 

2 flight standards, and air traffic requirements for such 

3 vehicles at the test sites; 

4 (4) dedicates funding for unmanned aerial sys5 tems research and development to certification, flight 

6 standards, and air traffic requirements; 

7 (5) encourages leveraging and coordination of 

8 such research and development activities with the Na9 tional Aeronautics and Space Administration and the 

10 Department of Defense; 

11 (6) addresses both military and civilian un12 manned aerial system operations; 

13 (7) ensures the unmanned aircraft systems inte14 gration plan is incorporated in the Administration’s 

15 NextGen Air Transportation System implementation 

16 plan; and 

17 (8) provides for verification of the safety of the 

18 vehicles and navigation procedures before their inte19 gration into the National Airspace System. 

20 (b) TEST SITE CRITERIA.—The Administrator shall 

21 take into consideration geographical and climate diversity 

22 in determining where the test sites to be established under 

23 the pilot project required by subsection (a)(1) are to be lo24 cated. 
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1 SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE. 

2 (a) IN GENERAL.—The Air Traffic Organization 

3 shall— 

4 (1) evaluate the Airport Surface Detection 

5 Equipment-Model X program for its potential con6 tribution to implementation of the NextGen initiative; 

7 (2) evaluate airport surveillance technologies and 

8 associated collaborative surface management software 

9 for potential contributions to implementation of 

10 NextGen surface management; 

11 (3) accelerate implementation of the program; 

12 and 

13 (4) carry out such additional duties as the Ad14 ministrator may require. 

15 (b) EXPEDITED CERTIFICATION AND UTILIZATION.— 

16 The Administrator shall— 

17 (1) consider options for expediting the certifi18 cation of Ground Based Augmentation System tech19 nology; and 

20 (2) develop a plan to utilize such a system at the 

21 35 Operational Evolution Partnership airports by 

22 September 30, 2012. 

23 SEC. 322. STAKEHOLDER COORDINATION. 

24 (a) IN GENERAL.—The Administrator shall establish 

25 a process for including qualified employees selected by each 

26 exclusive collective bargaining representative of employees 
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1 of the Administration who are likely to be affected by the 

2 planning, development, and deployment of air traffic con3 trol modernization projects (including the Next Generation 

4 Air Transportation System) in, and collaborating with, 

5 such employees in the planning, development, and deploy6 ment of those projects. 

7 (b) PARTICIPATION.— 

8 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

9 Participation in the process described in subsection 

10 (a) shall not be construed as a waiver of any bar11 gaining obligations or rights under section 

12 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

13 States Code. 

14 (2) CAPACITY AND COMPENSATION.—Exclusive 

15 collective bargaining representatives and selected em16 ployees participating in the process described in sub17 section (a) shall— 

18 (A) serve in a collaborative and advisory 

19 capacity; and 

20 (B) receive appropriate travel and per diem 

21 expenses in accordance with the travel policies of 

22 the Administration in addition to any regular 

23 compensation and benefits. 

24 (c) REPORT.—No later than 180 days after the date 

25 of enactment of this Act, the Administrator shall submit 
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1 a report on the implementation of this section to the Senate 

2 Committee on Commerce, Science, and Transportation and 

3 the House of Representatives Committee on Transportation 

4 and Infrastructure. 

5 SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA6 CILITY CONDITIONS. 

7 (a) ESTABLISHMENT.—The Administrator shall estab8 lish a special task force to be known as the ‘‘FAA Task 

9 Force on Air Traffic Control Facility Conditions’’. 

10 (b) MEMBERSHIP.— 

11 (1) COMPOSITION.—The Task Force shall be com12 posed of 11 members of whom— 

13 (A) 7 members shall be appointed by the 

14 Administrator; and 

15 (B) 4 members shall be appointed by labor 

16 unions representing employees who work at field 

17 facilities of the Administration. 

18 (2) QUALIFICATIONS.—Of the members ap19 pointed by the Administrator under paragraph 

20 (1)(A)— 

21 (A) 4 members shall be specialists on toxic 

22 mold abatement, ‘‘sick building syndrome,’’ and 

23 other hazardous building conditions that can 

24 lead to employee health concerns and shall be ap25 pointed by the Administrator in consultation 
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1 with the Director of the National Institute for 

2 Occupational Safety and Health; and 

3 (B) 2 members shall be specialists on the re4 habilitation of aging buildings. 

5 (3) TERMS.—Members shall be appointed for the 

6 life of the Task Force. 

7 (4) VACANCIES.—A vacancy in the Task Force 

8 shall be filled in the manner in which the original 

9 appointment was made. 

10 (5) TRAVEL EXPENSES.—Members shall serve 

11 without pay but shall receive travel expenses, includ12 ing per diem in lieu of subsistence, in accordance 

13 with subchapter I of chapter 57 of title 5, United 

14 States Code. 

15 (c) CHAIRPERSON.—The Administrator shall des16 ignate, from among the individuals appointed under sub17 section (b)(1), an individual to serve as chairperson of the 

18 Task Force. 

19 (d) TASK FORCE PERSONNEL MATTERS.— 

20 (1) STAFF.—The Task Force may appoint and 

21 fix the pay of such personnel as it considers appro22 priate. 

23 (2) STAFF OF FEDERAL AGENCIES.—Upon re24 quest of the Chairperson of the Task Force, the head 

25 of any department or agency of the United States 
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1 may detail, on a reimbursable basis, any of the per2 sonnel of that department or agency to the Task Force 

3 to assist it in carrying out its duties under this sec4 tion. 

5 (3) OTHER STAFF AND SUPPORT.—Upon request 

6 of the Task Force or a panel of the Task Force, the 

7 Administrator shall provide the Task Force or panel 

8 with professional and administrative staff and other 

9 support, on a reimbursable basis, to the Task Force 

10 to assist it in carrying out its duties under this sec11 tion. 

12 (e) OBTAINING OFFICIAL DATA.—The Task Force may 

13 secure directly from any department or agency of the 

14 United States information (other than information required 

15 by any statute of the United States to be kept confidential 

16 by such department or agency) necessary for the Task Force 

17 to carry out its duties under this section. Upon request of 

18 the chairperson of the Task Force, the head of that depart19 ment or agency shall furnish such information to the Task 

20 Force. 

21 (f) DUTIES.— 

22 (1) STUDY.—The Task Force shall undertake a 

23 study of— 
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1 (A) the conditions of all air traffic control 

2 facilities across the Nation, including towers, 

3 centers, and terminal radar air control; 

4 (B) reports from employees of the Adminis5 tration relating to respiratory ailments and 

6 other health conditions resulting from exposure 

7 to mold, asbestos, poor air quality, radiation 

8 and facility-related hazards in facilities of the 

9 Administration; 

10 (C) conditions of such facilities that could 

11 interfere with such employees’ ability to effec12 tively and safely perform their duties; 

13 (D) the ability of managers and supervisors 

14 of such employees to promptly document and 

15 seek remediation for unsafe facility conditions; 

16 (E) whether employees of the Administra17 tion who report facility-related illnesses are 

18 treated fairly; 

19 (F) utilization of scientifically approved re20 mediation techniques in a timely fashion once 

21 hazardous conditions are identified in a facility 

22 of the Administration; and 

23 (G) resources allocated to facility mainte24 nance and renovation by the Administration. 
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1 (2) FACILITY CONDITION INDICES.—The Task 

2 Force shall review the facility condition indices of the 

3 Administration for inclusion in the recommendations 

4 under subsection (g). 

5 (g) RECOMMENDATIONS.—Based on the results of the 

6 study and review of the facility condition indices under sub7 section (f), the Task Force shall make recommendations as 

8 it considers necessary to— 

9 (1) prioritize those facilities needing the most 

10 immediate attention in order of the greatest risk to 

11 employee health and safety; 

12 (2) ensure that the Administration is using sci13 entifically approved remediation techniques in all fa14 cilities; and 

15 (3) assist the Administration in making pro16 grammatic changes so that aging air traffic control 

17 facilities do not deteriorate to unsafe levels. 

18 (h) REPORT.—Not later than 6 months after the date 

19 on which initial appointments of members to the Task 

20 Force are completed, the Task Force shall submit a report 

21 to the Administrator, the Senate Committee on Commerce, 

22 Science, and Transportation, and the House of Representa23 tives Committee on Transportation and Infrastructure on 

24 the activities of the Task Force, including the recommenda25 tions of the Task Force under subsection (g). 
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1 (i) IMPLEMENTATION.—Within 30 days after receipt 

2 of the Task Force report under subsection (h), the Adminis3 trator shall submit to the House of Representatives Com4 mittee on Transportation and Infrastructure and the Sen5 ate Committee on Commerce, Science, and Transportation 

6 a report that includes a plan and timeline to implement 

7 the recommendations of the Task Force and to align future 

8 budgets and priorities of the Administration accordingly. 

9 (j) TERMINATION.—The Task Force shall terminate on 

10 the last day of the 30-day period beginning on the date on 

11 which the report under subsection (h) is submitted. 

12 (k) APPLICABILITY OF THE FEDERAL ADVISORY COM13 MITTEE ACT.—The Federal Advisory Committee Act (5 

14 U.S.C. App.) shall not apply to the Task Force. 

15 SEC. 324. STATE ADS–B EQUIPAGE BANK PILOT PROGRAM. 

16 (a) IN GENERAL.— 

17 (1) COOPERATIVE AGREEMENTS.—Subject to the 

18 provisions of this section, the Secretary of Transpor19 tation may enter into cooperative agreements with 

20 not to exceed 5 States for the establishment of State 

21 ADS–B equipage banks for making loans and pro22 viding other assistance to public entities for projects 

23 eligible for assistance under this section. 

24 (b) FUNDING.— 
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1 (1) SEPARATE ACCOUNT.—An ADS–B equipage 

2 bank established under this section shall maintain a 

3 separate aviation trust fund account for Federal 

4 funds contributed to the bank under paragraph (2). 

5 No Federal funds contributed or credited to an ac6 count of an ADS–B equipage bank established under 

7 this section may be commingled with Federal funds 

8 contributed or credited to any other account of such 

9 bank. 

10 (2) AUTHORIZATION.—There are authorized to be 

11 appropriated to the Secretary $25,000,000 for each of 

12 fiscal years 2010 through 2014. 

13 (c) FORMS OF ASSISTANCE FROM ADS–B EQUIPAGE

14 BANKS.—An ADS–B equipage bank established under this 

15 section may make loans or provide other assistance to a 

16 public entity in an amount equal to all or part of the cost 

17 of carrying out a project eligible for assistance under this 

18 section. The amount of any loan or other assistance pro19 vided for such project may be subordinated to any other 

20 debt financing for the project. 

21 (d) QUALIFYING PROJECTS.—Federal funds in the 

22 ADS–B equipage account of an ADS–B equipage bank es23 tablished under this section may be used only to provide 

24 assistance with respect to aircraft ADS–B and related avi25 onics equipage. 
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1 (e) REQUIREMENTS.—In order to establish an ADS– 

2 B equipage bank under this section, each State establishing 

3 such a bank shall— 

4 (1) contribute, at a minimum, in each account 

5 of the bank from non-Federal sources an amount 

6 equal to 50 percent of the amount of each capitaliza7 tion grant made to the State and contributed to the 

8 bank; 

9 (2) ensure that the bank maintains on a con10 tinuing basis an investment grade rating on its debt 

11 issuances or has a sufficient level of bond or debt fi12 nancing instrument insurance to maintain the viabil13 ity of the bank; 

14 (3) ensure that investment income generated by 

15 funds contributed to an account of the bank will be— 

16 (A) credited to the account; 

17 (B) available for use in providing loans and 

18 other assistance to projects eligible for assistance 

19 from the account; and 

20 (C) invested in United States Treasury se21 curities, bank deposits, or such other financing 

22 instruments as the Secretary may approve to 

23 earn interest to enhance the leveraging of projects 

24 assisted by the bank; 
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1 (4) ensure that any loan from the bank will bear 

2 interest at or below market interest rates, as deter3 mined by the State, to make the project that is the 

4 subject of the loan feasible; 

5 (5) ensure that the term for repaying any loan 

6 will not exceed 10 years after the date of the first 

7 payment on the loan; and 

8 (6) require the bank to make an annual report 

9 to the Secretary on its status no later than September 

10 30 of each year for which funds are made available 

11 under this section, and to make such other reports as 

12 the Secretary may require by guidelines. 

13 SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC 

14 RECOMMENDATIONS. 

15 (a) IN GENERAL.—As soon as practicable after the 

16 date of enactment of this Act, but no later than 1 year after 

17 that date, the Administrator of the Federal Aviation Ad18 ministration shall— 

19 (1) provide the Los Angeles International Air 

20 Traffic Control Tower facility, the Southern Cali21 fornia Terminal Radar Approach Control facility, 

22 and the Northern California Terminal Radar Ap23 proach Control facility a sufficient number of con24 tract instructors, classroom space (including off-site 

25 locations as needed), and simulators for a surge in 
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1 the number of new air traffic controllers at those fa2 cilities; 

3 (2) to the greatest extent practicable, distribute 

4 the placement of new trainee air traffic controllers at 

5 those facilities evenly across the calendar year in 

6 order to avoid training bottlenecks; 

7 (3) commission an independent analysis, in con8 sultation with the Administration and the exclusive 

9 bargaining representative of air traffic controllers cer10 tified under section 7111 of title 5, United States 

11 Code, of overtime scheduling practices at those facili12 ties; and 

13 (4) to the greatest extent practicable, provide pri14 ority to certified professional controllers-in-training 

15 when filling staffing vacancies at those facilities. 

16 (b) STAFFING ANALYSES AND REPORTS.—For the pur17 poses of— 

18 (1) the Federal Aviation Administration’s an19 nual controller workforce plan, 

20 (2) the Administration’s facility-by-facility au21 thorized staffing ranges, and 

22 (3) any report of air traffic controller staffing 

23 levels submitted to the Congress, 
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1 the Administrator may not consider an individual to be 

2 an air traffic controller unless that individual is a certified 

3 professional controller. 

4 SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER 

5 SKIES PROJECT. 

6 (a) INITIAL REPORT.—Not later than 180 days after 

7 the date of the enactment of this Act, the Administrator 

8 shall submit to Congress a report on the strategy of the Ad9 ministrator for implementing, on an accelerated basis, the 

10 NextGen operational capabilities produced by the Greener 

11 Skies project, as recommended in the final report of the 

12 RTCA NextGen Mid-Term Implementation Task Force that 

13 was issued on September 9, 2009. 

14 (b) SUBSEQUENT REPORTS.— 

15 (1) IN GENERAL.—Not later than 180 days after 

16 the Administrator submits to Congress the report re17 quired by subsection (a) and not less frequently than 

18 once every 180 days thereafter until September 30, 

19 2011, the Administrator shall submit to the Com20 mittee on Commerce, Science, and Transportation of 

21 the Senate and to the Committee on Transportation 

22 and Infrastructure of the House of Representatives a 

23 report on the progress of the Administrator in car24 rying out the strategy described in the report sub25 mitted under subsection (a). 
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1 (2) CONTENTS.—Each report submitted under 

2 paragraph (1) shall include the following: 

3 (A) A timeline for full implementation of 

4 the strategy described in the report submitted 

5 under subsection (a). 

6 (B) A description of the progress made in 

7 carrying out such strategy. 

8 (C) A description of the challenges, if any, 

9 encountered by the Administrator in carrying 

10 out such strategy. 

11 SEC. 327. DEFINITIONS. 

12 In this title: 

13 (1) ADMINISTRATION.—The term ‘‘Administra14 tion’’ means the Federal Aviation Administration. 

15 (2) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Federal Avia17 tion Administration. 

18 (3) NEXTGEN.—The term ‘‘NextGen’’ means the 

19 Next Generation Air Transportation System. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Transportation. 

22 SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUI23 PAGE. 

24 (a) IN GENERAL.—The Administrator of the Federal 

25 Aviation Administration may enter into agreements to fund 
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1 the costs of equipping aircraft with communications, sur2 veillance, navigation, and other avionics to enable NextGen 

3 air traffic control capabilities. 

4 (b) FUNDING INSTRUMENT.—The Administrator may 

5 make grants or other instruments authorized under section 

6 106(l)(6) of title 49, United States Code, to carry out sub7 section (a). 

8 TITLE IV—AIRLINE SERVICE AND 

9 SMALL COMMUNITY AIR SERV10 ICE IMPROVEMENTS 

11 SUBTITLE A—CONSUMER PROTECTION 

12 SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT. 

13 (a) IN GENERAL.—Chapter 417 is amended by adding 

14 at the end the following: 

15 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE 

16 ‘‘§ 41781. Air carrier and airport contingency plans 

17 for long on-board tarmac delays 

18 ‘‘(a) DEFINITION OF TARMAC DELAY.—The term 

19 ‘tarmac delay’ means the holding of an aircraft on the 

20 ground before taking off or after landing with no oppor21 tunity for its passengers to deplane. 

22 ‘‘(b) SUBMISSION OF AIR CARRIER AND AIRPORT

23 PLANS.—Not later than 60 days after the date of the enact24 ment of the FAA Air Transportation Modernization and 

25 Safety Improvement Act, each air carrier and airport oper-
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1 ator shall submit, in accordance with the requirements 

2 under this section, a proposed contingency plan to the Sec3 retary of Transportation for review and approval. 

4 ‘‘(c) MINIMUM STANDARDS.—The Secretary of Trans5 portation shall establish minimum standards for elements 

6 in contingency plans required to be submitted under this 

7 section to ensure that such plans effectively address long on8 board tarmac delays and provide for the health and safety 

9 of passengers and crew. 

10 ‘‘(d) AIR CARRIER PLANS.—The plan shall require 

11 each air carrier to implement at a minimum the following: 

12 ‘‘(1) PROVISION OF ESSENTIAL SERVICES.—Each 

13 air carrier shall provide for the essential needs of pas14 sengers on board an aircraft at an airport in any 

15 case in which the departure of a flight is delayed or 

16 disembarkation of passengers on an arriving flight 

17 that has landed is substantially delayed, including— 

18 ‘‘(A) adequate food and potable water; 

19 ‘‘(B) adequate restroom facilities; 

20 ‘‘(C) cabin ventilation and comfortable 

21 cabin temperatures; and 

22 ‘‘(D) access to necessary medical treatment. 

23 ‘‘(2) RIGHT TO DEPLANE.— 

24 ‘‘(A) IN GENERAL.—Each air carrier shall 

25 submit a proposed contingency plan to the Sec-
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1 retary of Transportation that identifies a clear 

2 time frame under which passengers would be 

3 permitted to deplane a delayed aircraft. After the 

4 Secretary has reviewed and approved the pro5 posed plan, the air carrier shall make the plan 

6 available to the public. 

7 ‘‘(B) DELAYS.— 

8 ‘‘(i) IN GENERAL.—As part of the 

9 plan, except as provided under clause (iii), 

10 an air carrier shall provide passengers with 

11 the option of deplaning and returning to the 

12 terminal at which such deplaning could be 

13 safely completed, or deplaning at the ter14 minal if— 

15 ‘‘(I) 3 hours have elapsed after 

16 passengers have boarded the aircraft, 

17 the aircraft doors are closed, and the 

18 aircraft has not departed; or 

19 ‘‘(II) 3 hours have elapsed after 

20 the aircraft has landed and the pas21 sengers on the aircraft have been un22 able to deplane. 

23 ‘‘(ii) FREQUENCY.—The option de24 scribed in clause (i) shall be offered to pas25 sengers at a minimum not less often than 
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1 once during each successive 3-hour period 

2 that the plane remains on the ground. 

3 ‘‘(iii) EXCEPTIONS.—This subpara4 graph shall not apply if— 

5 ‘‘(I) the pilot of such aircraft rea6 sonably determines that the aircraft 

7 will depart or be unloaded at the ter8 minal not later than 30 minutes after 

9 the 3 hour delay; or 

10 ‘‘(II) the pilot of such aircraft 

11 reasonably determines that permitting 

12 a passenger to deplane would jeop13 ardize passenger safety or security. 

14 ‘‘(C) APPLICATION TO DIVERTED

15 FLIGHTS.—This section applies to aircraft with16 out regard to whether they have been diverted to 

17 an airport other than the original destination. 

18 ‘‘(D) REPORTS.—Not later than 30 days 

19 after any flight experiences a tarmac delay last20 ing at least 3 hours, the air carrier responsible 

21 for such flight shall submit a written description 

22 of the incident and its resolution to the Aviation 

23 Consumer Protection Office of the Department of 

24 Transportation. 
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1 ‘‘(e) AIRPORT PLANS.—Each airport operator shall 

2 submit a proposed contingency plan under subsection (b) 

3 that contains a description of— 

4 ‘‘(1) how the airport operator will provide for 

5 the deplanement of passengers following a long 

6 tarmac delay; and 

7 ‘‘(2) how, to the maximum extent practicable, the 

8 airport operator will provide for the sharing of facili9 ties and make gates available at the airport for use 

10 by aircraft experiencing such delays. 

11 ‘‘(f) UPDATES.—The Secretary shall require periodic 

12 reviews and updates of the plans as necessary. 

13 ‘‘(g) APPROVAL.— 

14 ‘‘(1) IN GENERAL.—Not later than 6 months 

15 after the date of the enactment of this section, the Sec16 retary of Transportation shall— 

17 ‘‘(A) review the initial contingency plans 

18 submitted under subsection (b); and 

19 ‘‘(B) approve plans that closely adhere to 

20 the standards described in subsections (d) or (e), 

21 whichever is applicable. 

22 ‘‘(2) UPDATES.—Not later than 60 days after the 

23 submission of an update under subsection (f) or an 

24 initial contingency plan by a new air carrier or air25 port, the Secretary shall— 
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1 ‘‘(A) review the plan; and 

2 ‘‘(B) approve the plan if it closely adheres 

3 to the standards described in subsections (d) or 

4 (e), whichever is applicable. 

5 ‘‘(h) CIVIL PENALTIES.—The Secretary may assess a 

6 civil penalty under section 46301 against any air carrier 

7 or airport operator that does not submit, obtain approval 

8 of, or adhere to a contingency plan submitted under this 

9 section. 

10 ‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 

11 operator required to submit a contingency plan under this 

12 section shall ensure public access to an approved plan under 

13 this section by— 

14 ‘‘(1) including the plan on the Internet Web site 

15 of the carrier or airport; or 

16 ‘‘(2) disseminating the plan by other means, as 

17 determined by the Secretary. 

18 ‘‘§ 41782. Air passenger complaints hotline and infor19 mation 

20 ‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE21 PHONE NUMBER.—The Secretary of Transportation shall 

22 establish a consumer complaints hotline telephone number 

23 for the use of air passengers. 
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1 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the 

2 public of the telephone number established under subsection 

3 (a). 

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

5 authorized to be appropriated such sums as may be nec6 essary to carry out this section, which sums shall remain 

7 available until expended.’’. 

8 (b) CONFORMING AMENDMENT.—The table of contents 

9 for chapter 417 is amended by adding at the end the fol10 lowing: 

‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE

‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 

delays 

‘‘41782. Air passenger complaints hotline and information’’. 

11 SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 

12 FLIGHT DELAY HISTORY. 

13 (a) IN GENERAL.—Section 41722 is amended by add14 ing at the end the following: 

15 ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 

16 ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.—Each 

17 air carrier holding a certificate issued under section 

18 41102 that conducts scheduled passenger air transpor19 tation shall, on a monthly basis— 

20 ‘‘(A) publish and update on the Internet 

21 website of the air carrier a list of chronically de22 layed flights operated by such air carrier; and 
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1 ‘‘(B) share such list with each entity that is 

2 authorized to book passenger air transportation 

3 for such air carrier for inclusion on the Internet 

4 website of such entity. 

5 ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR6 CHASING TICKETS.—For each individual who books 

7 passenger air transportation on the Internet website 

8 of an air carrier, or the Internet website of an entity 

9 that is authorized to book passenger air transpor10 tation for an air carrier, for any flight for which 

11 data is reported to the Department of Transportation 

12 under part 234 of title 14, Code of Federal Regula13 tions, such air carrier or entity, as the case may be, 

14 shall prominently disclose to such individual, before 

15 such individual makes such booking, the following: 

16 ‘‘(A) The on-time performance for the flight 

17 if the flight is a chronically delayed flight. 

18 ‘‘(B) The cancellation rate for the flight if 

19 the flight is a chronically canceled flight. 

20 ‘‘(3) DEFINITIONS.—In this subsection: 

21 ‘‘(A) CHRONICALLY DELAYED FLIGHT.—The 

22 term ‘chronically delayed flight’ means a regu23 larly scheduled flight that has failed to arrive on 

24 time (as such term is defined in section 234.2 of 

25 title 14, Code of Federal Regulations) at least 40 
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1 percent of the time during the most recent 3- 

2 month period for which data is available. 

3 ‘‘(B) CHRONICALLY CANCELED FLIGHT.— 

4 The term ‘chronically canceled flight’ means a 

5 regularly scheduled flight at least 30 percent of 

6 the departures of which have been canceled dur7 ing the most recent 3-month period for which 

8 data is available.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect 180 days after the date of enact11 ment of this Act. 

12 SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COM13 PLAINT INVESTIGATIONS. 

14 (a) IN GENERAL.—Subject to the availability of appro15 priations, the Secretary of Transportation shall investigate 

16 consumer complaints regarding— 

17 (1) flight cancellations; 

18 (2) compliance with Federal regulations con19 cerning overbooking seats flights; 

20 (3) lost, damaged, or delayed baggage, and dif21 ficulties with related airline claims procedures; 

22 (4) problems in obtaining refunds for unused or 

23 lost tickets or fare adjustments; 
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1 (5) incorrect or incomplete information about 

2 fares, discount fare conditions and availability, over3 charges, and fare increases; 

4 (6) the rights of passengers who hold frequent 

5 flier miles, or equivalent redeemable awards earned 

6 through customer-loyalty programs; and 

7 (7) deceptive or misleading advertising. 

8 (b) BUDGET NEEDS REPORT.—The Secretary shall 

9 provide, as an annex to its annual budget request, an esti10 mate of resources which would have been sufficient to inves11 tigate all such claims the Department of Transportation re12 ceived in the previous fiscal year. The annex shall be trans13 mitted to the Congress when the President submits the budg14 et of the United States to the Congress under section 1105 

15 of title 31, United States Code. 

16 SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

17 AVIATION CONSUMER PROTECTION. 

18 (a) IN GENERAL.—The Secretary of Transportation 

19 shall establish an advisory committee for aviation consumer 

20 protection to advise the Secretary in carrying out airline 

21 customer service improvements, including those required by 

22 subchapter IV of chapter 417 of title 49, United States Code. 

23 (b) MEMBERSHIP.—The Secretary shall appoint mem24 bers of the advisory committee comprised of one representa25 tive each of— 
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1 (1) air carriers; 

2 (2) airport operators; 

3 (3) State or local governments who has expertise 

4 in consumer protection matters; and 

5 (4) a nonprofit public interest group who has ex6 pertise in consumer protection matters. 

7 (c) VACANCIES.—A vacancy in the advisory committee 

8 shall be filled in the manner in which the original appoint9 ment was made. 

10 (d) TRAVEL EXPENSES.—Members of the advisory 

11 committee shall serve without pay but shall receive travel 

12 expenses, including per diem in lieu of subsistence, in ac13 cordance with subchapter I of chapter 57 of title 5, United 

14 States Code. 

15 (e) CHAIRPERSON.—The Secretary shall designate, 

16 from among the individuals appointed under subsection (b), 

17 an individual to serve as chairperson of the advisory com18 mittee. 

19 (f) DUTIES.—The duties of the advisory committee 

20 shall include— 

21 (1) evaluating existing aviation consumer protec22 tion programs and providing recommendations for 

23 the improvement of such programs, if needed; and 
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1 (2) providing recommendations to establish addi2 tional aviation consumer protection programs, if 

3 needed. 

4 (g) REPORT.—Not later than February 1 of each of 

5 the first 2 calendar years beginning after the date of enact6 ment of this Act, the Secretary shall transmit to Congress 

7 a report containing— 

8 (1) the recommendations made by the advisory 

9 committee during the preceding calendar year; and 

10 (2) an explanation of how the Secretary has im11 plemented each recommendation and, for each rec12 ommendation not implemented, the Secretary’s reason 

13 for not implementing the recommendation. 

14 SEC. 405. DISCLOSURE OF PASSENGER FEES. 

15 (a) IN GENERAL.—Within 180 days after the date of 

16 enactment of this Act, the Secretary of Transportation shall 

17 complete a rulemaking that requires each air carrier oper18 ating in the United States under part 121 of title 49, Code 

19 of Federal Regulations, to make available to the public and 

20 to the Secretary a list of all passenger fees and charges 

21 (other than airfare) that may be imposed by the air carrier, 

22 including fees for— 

23 (1) checked baggage or oversized or heavy bag24 gage; 

25 (2) meals, beverages, or other refreshments; 
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1 (3) seats in exit rows, seats with additional 

2 space, or other preferred seats in any given class of 

3 travel; 

4 (4) purchasing tickets from an airline ticket 

5 agent or a travel agency; or 

6 (5) any other good, service, or amenity provided 

7 by the air carrier, as required by the Secretary. 

8 (b) PUBLICATION; UPDATES.—In order to ensure that 

9 the fee information required by subsection (a) is both cur10 rent and widely available to the travelling public, the Sec11 retary— 

12 (1) may require an air carrier to make such in13 formation on any public website maintained by an 

14 air carrier, to make such information available to 

15 travel agencies, and to notify passengers of the avail16 ability of such information when advertising airfares; 

17 and 

18 (2) shall require air carriers to update the infor19 mation as necessary, but no less frequently than every 

20 90 days unless there has been no increase in the 

21 amount or type of fees shown in the most recent pub22 lication. 
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1 SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING 

2 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS3 PORTATION. 

4 Section 41712 is amended by adding at the end the 

5 following: 

6 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

7 TICKETS FOR FLIGHTS.— 

8 ‘‘(1) IN GENERAL.—It shall be an unfair or de9 ceptive practice under subsection (a) for any ticket 

10 agent, air carrier, foreign air carrier, or other person 

11 offering to sell tickets for air transportation on a 

12 flight of an air carrier to not disclose, whether ver13 bally in oral communication or in writing in written 

14 or electronic communication, prior to the purchase of 

15 a ticket— 

16 ‘‘(A) the name (including any business or 

17 corporate name) of the air carrier providing the 

18 air transportation; and 

19 ‘‘(B) if the flight has more than one flight 

20 segment, the name of each air carrier providing 

21 the air transportation for each such flight seg22 ment. 

23 ‘‘(2) INTERNET OFFERS.—In the case of an offer 

24 to sell tickets described in paragraph (1) on an Inter25 net Web site, disclosure of the information required by 

26 paragraph (1) shall be provided on the first display 
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1 of the Web site following a search of a requested 

2 itinerary in a format that is easily visible to a view3 er.’’. 

4 SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT 

5 TO THE SALE OF AIRLINE TICKETS. 

6 (a) IN GENERAL.—The Office of Aviation Consumer 

7 Protection and Enforcement of the Department of Trans8 portation shall establish rules to ensure that all consumers 

9 are able to easily and fairly compare airfares and charges 

10 paid when purchasing tickets for air transportation, in11 cluding all taxes and fees. 

12 (b) NOTICE OF TAXES AND FEES APPLICABLE TO

13 TICKETS FOR AIR TRANSPORTATION.—Section 41712, as 

14 amended by this Act, is further amended by adding at the 

15 end the following: 

16 ‘‘(d) NOTICE OF TAXES AND FEES APPLICABLE TO

17 TICKETS FOR AIR TRANSPORTATION.— 

18 ‘‘(1) IN GENERAL.—It shall be an unfair or de19 ceptive practice under subsection (a) for an air car20 rier, foreign air carrier, or ticket agent to sell a ticket 

21 for air transportation on the Internet unless the air 

22 carrier, foreign air carrier, or ticket agent, as the case 

23 may be— 

24 ‘‘(A) displays information with respect to 

25 the taxes and fees described in paragraph (2), in-
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1 cluding the amount and a description of each 

2 such tax or fee, in reasonable proximity to the 

3 price listed for the ticket; and 

4 ‘‘(B) provides to the purchaser of the ticket 

5 information with respect to the taxes and fees de6 scribed in paragraph (2), including the amount 

7 and a description of each such tax or fee, before 

8 requiring the purchaser to provide any personal 

9 information, including the name, address, phone 

10 number, e-mail address, or credit card informa11 tion of the purchaser. 

12 ‘‘(2) TAXES AND FEES DESCRIBED.—The taxes 

13 and fees described in this paragraph are all taxes, 

14 fees, and charges applicable to a ticket for air trans15 portation, consisting of— 

16 ‘‘(A) all taxes, fees, charges, and surcharges 

17 included in the price paid by a purchaser for the 

18 ticket, including fuel surcharges and surcharges 

19 relating to peak or holiday travel; and 

20 ‘‘(B) any fees for baggage, seating assign21 ments; and 

22 ‘‘(C) operational services that are charged 

23 when the ticket is purchased.’’. 

24 (c) REGULATIONS.—The Secretary of Transportation, 

25 in consultation with the Administrator of the Federal Avia-
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1 tion Administration, shall prescribe such regulations as 

2 may be necessary to carry out subsection (d) of section 

3 41712 of title 49, United States Code, as added by sub4 section (b) of this section. 

5 SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL 

6 COMMUNITIES 

7 SEC. 411. EAS CONNECTIVITY PROGRAM. 

8 Section 406(a) of the Vision 100—Century of Aviation 

9 Reauthorization Act (49 U.S.C. 40101 note) is amended by 

10 striking ‘‘may’’ and inserting ‘‘shall’’. 

11 SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING 

12 MILEAGE ADJUSTMENT ELIGIBILITY. 

13 Section 409(d) of the Vision 100—Century of Aviation 

14 Reauthorization Act (49 U.S.C. 41731 note) is amended by 

15 striking ‘‘September 30, 2010.’’ and inserting ‘‘September 

16 30, 2013.’’. 

17 SEC. 413. EAS CONTRACT GUIDELINES. 

18 Section 41737(a)(1) is amended— 

19 (1) by striking ‘‘and’’ after the semicolon in sub20 paragraph (B); 

21 (2) by striking ‘‘provided.’’ in subparagraph (C) 

22 and inserting ‘‘provided;’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(D) include provisions under which the Sec25 retary may encourage carriers to improve air service 
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1 to small and rural communities by incorporating fi2 nancial incentives in essential air service contracts 

3 based on specified performance goals; and 

4 ‘‘(E) include provisions under which the Sec5 retary may execute long-term essential air service 

6 contracts to encourage carriers to provide air service 

7 to small and rural communities where it would be in 

8 the public interest to do so.’’. 

9 SEC. 414. CONVERSION OF FORMER EAS AIRPORTS. 

10 (a) IN GENERAL.—Section 41745 is amended to read 

11 as follows: 

12 ‘‘§ 41745. Conversion of lost eligibility airports 

13 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

14 program to provide general aviation conversion funding for 

15 airports serving eligible places that the Secretary has deter16 mined no longer qualify for a subsidy. 

17 ‘‘(b) GRANTS.—A grant under this section— 

18 ‘‘(1) may not exceed twice the compensation paid 

19 to provide essential air service to the airport in the 

20 fiscal year preceeding the fiscal year in which the 

21 Secretary determines that the place served by the air22 port is no longer an eligible place; and 

23 ‘‘(2) may be used— 
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1 ‘‘(A) for airport development (as defined in 

2 section 47102(3)) that will enhance general avia3 tion capacity at the airport; 

4 ‘‘(B) to defray operating expenses, if such 

5 use is approved by the Secretary; or 

6 ‘‘(C) to develop innovative air service op7 tions, such as on-demand or air taxi operations, 

8 if such use is approved by the Secretary. 

9 ‘‘(c) AIP REQUIREMENTS.—An airport sponsor that 

10 uses funds provided under this section for an airport devel11 opment project shall comply with the requirements of sub12 chapter I of chapter 471 applicable to airport development 

13 projects funded under that subchapter with respect to the 

14 project funded under this section. 

15 ‘‘(d) LIMITATION.—The sponsor of an airport receiving 

16 funding under this section is not eligible for funding under 

17 section 41736.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections for 

19 chapter 417 is amended by striking the item relating to sec20 tion 41745 and inserting the following: 

‘‘417454. Conversion of lost eligibility airports.’’. 

21 SEC. 415. EAS REFORM. 

22 Section 41742(a) is amended— 

23 (1) by adding at the end of paragraph (1) ‘‘Any 

24 amount in excess of $50,000,000 credited for any fis25 cal year to the account established under section 
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1 45303(c) shall be obligated for programs under section 

2 406 of the Vision 100—Century of Aviation Reau3 thorization Act (49 U.S.C. 40101 note) and section 

4 41745 of this title. Amounts appropriated pursuant to 

5 this section shall remain available until expended.’’; 

6 and 

7 (2) by striking ‘‘$77,000,000’’ in paragraph (2) 

8 and inserting ‘‘$150,000,000’’. 

9 SEC. 416. SMALL COMMUNITY AIR SERVICE. 

10 (a) PRIORITIES.—Section 41743(c)(5) is amended— 

11 (1) by striking ‘‘and’’ after the semicolon in sub12 paragraph (D); 

13 (2) by striking ‘‘fashion.’’ in subparagraph (E) 

14 and inserting ‘‘fashion; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(F) multiple communities cooperate to sub17 mit a region or multistate application to im18 prove air service.’’. 

19 (b) EXTENSION OF AUTHORIZATION.—Section 

20 41743(e)(2) is amended— 

21 (1) by striking ‘‘is appropriated’’ and inserting 

22 ‘‘are appropriated’’; and 

23 (2) by striking ‘‘2009’’ and inserting ‘‘2011’’. 
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1 SEC. 417. EAS MARKETING. 

2 The Secretary of Transportation shall require all ap3 plications to provide service under subchapter II of chapter 

4 417 of title 49, United States Code, include a marketing 

5 plan. 

6 SEC. 418. RURAL AVIATION IMPROVEMENT. 

7 (a) COMMUNITIES ABOVE PER PASSENGER SUBSIDY

8 CAP.— 

9 (1) IN GENERAL.—Subchapter II of chapter 417 

10 is amended by adding at the end the following: 

11 ‘‘§ 41749. Essential air service for eligible places above 

12 per passenger subsidy cap 

13 ‘‘(a) PROPOSALS.—A State or local government may 

14 submit a proposal to the Secretary of Transportation for 

15 compensation for an air carrier to provide air transpor16 tation to a place described in subsection (b). 

17 ‘‘(b) PLACE DESCRIBED.—A place described in this 

18 subsection is a place— 

19 ‘‘(1) that is otherwise an eligible place; and 

20 ‘‘(2) for which the per passenger subsidy exceeds 

21 the dollar amount allowable under this subchapter. 

22 ‘‘(c) DECISIONS.—Not later than 90 days after receiv23 ing a proposal under subsection (a) for compensation for 

24 an air carrier to provide air transportation to a place de25 scribed in subsection (b), the Secretary shall— 
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1 ‘‘(1) decide whether to provide compensation for 

2 the air carrier to provide air transportation to the 

3 place; and 

4 ‘‘(2) approve the proposal if the State or local 

5 government or a person is willing and able to pay the 

6 difference between— 

7 ‘‘(A) the per passenger subsidy; and 

8 ‘‘(B) the dollar amount allowable for such 

9 subsidy under this subchapter. 

10 ‘‘(d) COMPENSATION PAYMENTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall pay 

12 compensation under this section at such time and in 

13 such manner as the Secretary determines is appro14 priate. 

15 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

16 shall continue to pay compensation under this section 

17 only as long as— 

18 ‘‘(A) the State or local government or per19 son agreeing to pay compensation under sub20 section (c)(2) continues to pay such compensa21 tion; and 

22 ‘‘(B) the Secretary decides the compensation 

23 is necessary to maintain air transportation to 

24 the place. 

25 ‘‘(e) REVIEW.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall periodi2 cally review the type and level of air service provided 

3 under this section. 

4 ‘‘(2) CONSULTATION.—The Secretary may make 

5 appropriate adjustments in the type and level of air 

6 service to a place under this section based on the re7 view under paragraph (1) and consultation with the 

8 affected community and the State or local government 

9 or person agreeing to pay compensation under sub10 section (c)(2). 

11 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

12 TRANSPORTATION.—An air carrier providing air transpor13 tation to a place under this section may end, suspend, or 

14 reduce such air transportation if, not later than 30 days 

15 before ending, suspending, or reducing such air transpor16 tation, the air carrier provides notice of the intent of the 

17 air carrier to end, suspend, or reduce such air transpor18 tation to— 

19 ‘‘(1) the Secretary; 

20 ‘‘(2) the affected community; and 

21 ‘‘(3) the State or local government or person 

22 agreeing to pay compensation under subsection 

23 (c)(2).’’. 
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for chapter 417 is amended by adding after the 

3 item relating to section 41748 the following new item: 

‘‘41749. Essential air service for eligible places above per passenger subsidy cap’’. 

4 (b) PREFERRED ESSENTIAL AIR SERVICE.— 

5 (1) IN GENERAL.—Subchapter II of chapter 417, 

6 as amended by subsection (a), is further amended by 

7 adding after section 41749 the following: 

8 ‘‘§ 41750. Preferred essential air service 

9 ‘‘(a) PROPOSALS.—A State or local government may 

10 submit a proposal to the Secretary of Transportation for 

11 compensation for a preferred air carrier described in sub12 section (b) to provide air transportation to an eligible place. 

13 ‘‘(b) PREFERRED AIR CARRIER DESCRIBED.—A pre14 ferred air carrier described in this subsection is an air car15 rier that— 

16 ‘‘(1) submits an application under section 

17 41733(c) to provide air transportation to an eligible 

18 place; 

19 ‘‘(2) is not the air carrier that submits the lowest 

20 cost bid to provide air transportation to the eligible 

21 place; and 

22 ‘‘(3) is an air carrier that the affected commu23 nity prefers to provide air transportation to the eligi24 ble place instead of the air carrier that submits the 

25 lowest cost bid. 
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1 ‘‘(c) DECISIONS.—Not later than 90 days after receiv2 ing a proposal under subsection (a) for compensation for 

3 a preferred air carrier described in subsection (b) to provide 

4 air transportation to an eligible place, the Secretary shall— 

5 ‘‘(1) decide whether to provide compensation for 

6 the preferred air carrier to provide air transportation 

7 to the eligible place; and 

8 ‘‘(2) approve the proposal if the State or local 

9 government or a person is willing and able to pay the 

10 difference between— 

11 ‘‘(A) the rate of compensation the Secretary 

12 would provide to the air carrier that submits the 

13 lowest cost bid to provide air transportation to 

14 the eligible place; and 

15 ‘‘(B) the rate of compensation the preferred 

16 air carrier estimates to be necessary to provide 

17 air transportation to the eligible place. 

18 ‘‘(d) COMPENSATION PAYMENTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall pay 

20 compensation under this section at such time and in 

21 such manner as the Secretary determines is appro22 priate. 

23 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

24 shall continue to pay compensation under this section 

25 only as long as— 
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1 ‘‘(A) the State or local government or per2 son agreeing to pay compensation under sub3 section (c)(2) continues to pay such compensa4 tion; and 

5 ‘‘(B) the Secretary decides the compensation 

6 is necessary to maintain air transportation to 

7 the eligible place. 

8 ‘‘(e) REVIEW.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall periodi10 cally review the type and level of air service provided 

11 under this section. 

12 ‘‘(2) CONSULTATION.—The Secretary may make 

13 appropriate adjustments in the type and level of air 

14 service to an eligible place under this section based on 

15 the review under paragraph (1) and consultation 

16 with the affected community and the State or local 

17 government or person agreeing to pay compensation 

18 under subsection (c)(2). 

19 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

20 TRANSPORTATION.—A preferred air carrier providing air 

21 transportation to an eligible place under this section may 

22 end, suspend, or reduce such air transportation if, not later 

23 than 30 days before ending, suspending, or reducing such 

24 air transportation, the preferred air carrier provides notice 
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1 of the intent of the preferred air carrier to end, suspend, 

2 or reduce such air transportation to— 

3 ‘‘(1) the Secretary; 

4 ‘‘(2) the affected community; and 

5 ‘‘(3) the State or local government or person 

6 agreeing to pay compensation under subsection 

7 (c)(2).’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents for chapter 417, as amended by subsection (a), 

10 is further amended by adding after the item relating 

11 to section 41749 the following new item: 

‘‘41750. Preferred essential air service’’. 

12 (c) RESTORATION OF ELIGIBILITY TO A PLACE DETER13 MINED BY THE SECRETARY TO BE INELIGIBLE FOR SUB14 SIDIZED ESSENTIAL AIR SERVICE.—Section 41733 is 

15 amended by adding at the end the following: 

16 ‘‘(f) RESTORATION OF ELIGIBILITY FOR SUBSIDIZED

17 ESSENTIAL AIR SERVICE.— 

18 ‘‘(1) IN GENERAL.—If the Secretary of Transpor19 tation terminates the eligibility of an otherwise eligi20 ble place to receive basic essential air service by an 

21 air carrier for compensation under subsection (c), a 

22 State or local government may submit to the Sec23 retary a proposal for restoring such eligibility. 

24 ‘‘(2) DETERMINATION BY SECRETARY.—If the per 

25 passenger subsidy required by the proposal submitted 
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1 by a State or local government under paragraph (1) 

2 does not exceed the per passenger subsidy cap pro3 vided under this subchapter, the Secretary shall issue 

4 an order restoring the eligibility of the otherwise eligi5 ble place to receive basic essential air service by an 

6 air carrier for compensation under subsection (c).’’. 

7 (d) OFFICE OF RURAL AVIATION.— 

8 (1) ESTABLISHMENT.—There is established with9 in the Office of the Secretary of Transportation the 

10 Office of Rural Aviation. 

11 (e) FUNCTIONS.—The functions of the Office are— 

12 (1) to develop a uniform 4-year contract for air 

13 carriers providing essential air service to commu14 nities under subchapter II of chapter 417 of title 49, 

15 United States Code; 

16 (2) to develop a mechanism for comparing appli17 cations submitted by air carriers under section 

18 41733(c) to provide essential air service to commu19 nities, including comparing— 

20 (A) estimates from air carriers on— 

21 (i) the cost of providing essential air 

22 service; and 

23 (ii) the revenues air carriers expect to 

24 receive when providing essential air service; 

25 and 
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1 (B) estimated schedules for air transpor2 tation; and 

3 (3) to select an air carrier from among air car4 riers applying to provide essential air service, based 

5 on the criteria described in paragraph (2). 

6 (f) EXTENSION OF AUTHORITY TO MAKE AGREE7 MENTS UNDER THE ESSENTIAL AIR SERVICE PROGRAM.— 

8 Section 41743(e)(2) is amended by striking ‘‘2009’’ and in9 serting ‘‘2011’’. 

10 (g) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI11 CANTLY INCREASED COSTS.—Section 41737 is amended by 

12 adding at the end thereof the following: 

13 ‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any amount 

14 provided as an adjustment in compensation pursuant to 

15 subsection (a)(1)(D) shall be disregarded for the purpose of 

16 determining whether the amount of compensation provided 

17 under this subchapter with respect to an eligible place ex18 ceeds the per passenger subsidy exceeds the dollar amount 

19 allowable under this subchapter.’’. 

20 SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR21 TICIPATION PROGRAM. 

22 (a) IN GENERAL.—Subchapter II of chapter 417 of 

23 title 49, United States Code, is amended by striking section 

24 41747, and such title 49 shall be applied as if such section 

25 41747 had not been enacted. 
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1 (b) CLERICAL AMENDMENT.—The table of sections for 

2 chapter 417 of title 49, United States Code, is amended by 

3 striking the item relating to section 41747. 

4 SUBTITLE C—MISCELLANEOUS 

5 SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

6 (a) IN GENERAL.—Section 47129 is amended— 

7 (1) by striking the section heading and inserting 

8 the following: 

9 ‘‘§ 47129. Resolution of airport-air carrier and foreign 

10 air carrier disputes concerning airport 

11 fees’’ ; 

12 (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

13 after ‘‘CARRIER’’ in the heading for subsection (d); 

14 (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

15 after ‘‘CARRIER’’ in the heading for subsection (d)(2); 

16 (4) by striking ‘‘air carrier’’ each place it ap17 pears and inserting ‘‘air carrier or foreign air car18 rier’’; 

19 (5) by striking ‘‘air carrier’s’’ each place it ap20 pears and inserting ‘‘air carrier’s or foreign air car21 rier’s’’; 

22 (6) by striking ‘‘air carriers’’ and inserting ‘‘air 

23 carriers or foreign air carriers’’; and 
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1 (7) by striking ‘‘(as defined in section 40102 of 

2 this title)’’ in subsection (a) and inserting ‘‘(as those 

3 terms are defined in section 40102 of this title)’’. 

4 (b) CONFORMING AMENDMENT.—The table of contents 

5 for chapter 471 is amended by striking the item relating 

6 to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees’’. 

7 SEC. 432. CONTRACT TOWER PROGRAM. 

8 (a) COST-BENEFIT REQUIREMENT.—Section 

9 47124(b)(1) is amended— 

10 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(B) If the Secretary determines that a tower already 

13 operating under this program has a benefit to cost ratio 

14 of less than 1.0, the airport sponsor or State or local govern15 ment having jurisdiction over the airport shall not be re16 quired to pay the portion of the costs that exceeds the benefit 

17 for a period of 18 months after such determination is made. 

18 ‘‘(C) If the Secretary finds that all or part of an 

19 amount made available to carry out the program continued 

20 under this paragraph is not required during a fiscal year, 

21 the Secretary may use during such fiscal year the amount 

22 not so required to carry out the program established under 

23 paragraph (3) of this section.’’. 
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1 (b) COSTS EXCEEDING BENEFITS.—Subparagraph 

2 (D) of section 47124(b)(3) is amended— 

3 (1) by striking ‘‘benefit.’’ and inserting ‘‘benefit, 

4 with the maximum allowable local cost share for FAA 

5 Part 139 certified airports capped at 20 percent for 

6 those airports with fewer than 50,000 annual pas7 senger enplanements.’’. 

8 (c) FUNDING.—Subparagraph (E) of section 

9 47124(b)(3) is amended— 

10 (1) by striking ‘‘and’’ after ‘‘2006,’’; and 

11 (2) by striking ‘‘2007’’ and inserting ‘‘2007, 

12 $9,500,000 for fiscal year 2010, and $10,000,000 for 

13 fiscal year 2011’’ after ‘‘2007,’’; and 

14 (3) by inserting after ‘‘paragraph.’’ the fol15 lowing: ‘‘If the Secretary finds that all or part of an 

16 amount made available under this subparagraph is 

17 not required during a fiscal year to carry out this 

18 paragraph, the Secretary may use during such fiscal 

19 year the amount not so required to carry out the pro20 gram continued under subsection (b)(1) of this sec21 tion.’’. 

22 (d) FEDERAL SHARE.—Subparagraph (C) of section 

23 47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in24 serting ‘‘$2,000,000.’’. 
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1 (e) SAFETY AUDITS.—Section 41724 is amended by 

2 adding at the end the following: 

3 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

4 uniform standards and requirements for safety assessments 

5 of air traffic control towers that receive funding under this 

6 section in accordance with the Administration’s safety 

7 management system.’’. 

8 SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 

9 (a) FINDINGS.—The Congress finds that— 

10 (1) the Armed Forces is comprised of approxi11 mately 1,450,000 members who are stationed on ac12 tive duty at more than 6,000 military bases in 146 

13 different countries; 

14 (2) the United States is indebted to the members 

15 of the Armed Forces, many of whom are in grave 

16 danger due to their engagement in, or exposure to, 

17 combat; 

18 (3) military service, especially in the current 

19 war against terrorism, often requires members of the 

20 Armed Forces to be separated from their families on 

21 short notice, for long periods of time, and under very 

22 stressful conditions; 

23 (4) the unique demands of military service often 

24 preclude members of the Armed Forces from pur-
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1 chasing discounted advance airline tickets in order to 

2 visit their loved ones at home; and 

3 (5) it is the patriotic duty of the people of the 

4 United States to support the members of the Armed 

5 Forces who are defending the Nation’s interests 

6 around the world at great personal sacrifice. 

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

8 that each United States air carrier should— 

9 (1) establish for all members of the Armed Forces 

10 on active duty reduced air fares that are comparable 

11 to the lowest airfare for ticketed flights; and 

12 (2) offer flexible terms that allow members of the 

13 Armed Forces on active duty to purchase, modify, or 

14 cancel tickets without time restrictions, fees (includ15 ing baggage fees), ancillary costs, or penalties. 

16 SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN 

17 THE LAS VEGAS MCCARRAN INTERNATIONAL 

18 AIRPORT ENVIRONS OVERLAY DISTRICT FOR 

19 TRANSIENT LODGING AND ASSOCIATED FA20 CILITIES. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law and except as provided in subsection (b), Clark 

23 County, Nevada, is authorized to permit transient lodging, 

24 including hotels, and associated facilities, including en25 closed auditoriums, concert halls, sports arenas, and places 
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1 of public assembly, on lands in the Las Vegas McCarran 

2 International Airport Environs Overlay District that fall 

3 below the forecasted 2017 65 dB day-night annual average 

4 noise level (DNL), as identified in the Noise Exposure Map 

5 Notice published by the Federal Aviation Administration 

6 in the Federal Register on July 24, 2007 (72 Fed. Reg. 

7 40357), and adopted into the Clark County Development 

8 Code in June 2008. 

9 (b) LIMITATION.—No structure may be permitted 

10 under subsection (a) that would constitute a hazard to air 

11 navigation, result in an increase to minimum flight alti12 tudes, or otherwise pose a significant adverse impact on air13 port or aircraft operations. 

14 TITLE V—SAFETY 

15 SUBTITLE A—AVIATION SAFETY 

16 SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. 

17 Not later than December 31, 2009, the Administrator 

18 of the Federal Aviation Administration shall issue a plan 

19 to develop an installation and deployment schedule for sys20 tems the Administration is installing to alert controllers 

21 and flight crews to potential runway incursions. The plan 

22 shall be integrated into the annual Federal Aviation Ad23 ministration NextGen Implementation Plan. 
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1 SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER2 TIFICATES. 

3 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 

4 44703(d) is amended by adding at the end the following: 

5 ‘‘(3) JUDICIAL REVIEW.—A person substantially af6 fected by an order of the Board under this subsection, or 

7 the Administrator when the Administrator decides that an 

8 order of the Board will have a significant adverse impact 

9 on carrying out this part, may obtain judicial review of 

10 the order under section 46110 of this title. The Adminis11 trator shall be made a party to the judicial review pro12 ceedings. The findings of fact of the Board in any such case 

13 are conclusive if supported by substantial evidence.’’. 

14 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

15 amended by striking ‘‘section 44709 or’’ and inserting ‘‘sec16 tion 44703(d), 44709, or’’. 

17 SEC. 503. RELEASE OF DATA RELATING TO ABANDONED 

18 TYPE CERTIFICATES AND SUPPLEMENTAL 

19 TYPE CERTIFICATES. 

20 Section 44704(a) is amended by adding at the end the 

21 following: 

22 ‘‘(5) RELEASE OF DATA.— 

23 ‘‘(A) Notwithstanding any other provision of 

24 law, the Administrator may designate, without the 

25 consent of the owner of record, engineering data in 

26 the agency’s possession related to a type certificate or 
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1 a supplemental type certificate for an aircraft, en2 gine, propeller or appliance as public data, and there3 fore releasable, upon request, to a person seeking to 

4 maintain the airworthiness of such product, if the Ad5 ministrator determines that— 

6 ‘‘(i) the certificate containing the requested 

7 data has been inactive for 3 years; 

8 ‘‘(ii) the owner of record, or the owner of 

9 record’s heir, of the type certificate or supple10 mental certificate has not been located despite a 

11 search of due diligence by the agency; and 

12 ‘‘(iii) the designation of such data as public 

13 data will enhance aviation safety. 

14 ‘‘(B) In this section, the term ‘engineering data’ 

15 means type design drawings and specifications for the 

16 entire product or change to the product, including the 

17 original design data, and any associated supplier 

18 data for individual parts or components approved as 

19 part of the particular aeronautical product certifi20 cate.’’. 

21 SEC. 504. DESIGN ORGANIZATION CERTIFICATES. 

22 Section 44704(e) is amended— 

23 (1) by striking ‘‘Beginning 7 years after the date 

24 of enactment of this subsection,’’ in paragraph (1) 

25 and inserting ‘‘Effective January 1, 2013,’’; 
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1 (2) by striking ‘‘testing’’ in paragraph (2) and 

2 inserting ‘‘production’’; and 

3 (3) by striking paragraph (3) and inserting the 

4 following: 

5 ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE6 SIGN ORGANIZATION CERTIFICATION.—The Adminis7 trator may rely on the Design Organization for cer8 tification of compliance under this section.’’. 

9 SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 

10 DATABASE SYSTEMS. 

11 (a) IN GENERAL.—Chapter 401 is amended by adding 

12 at the end thereof the following: 

13 ‘‘§ 40130. FAA access to criminal history records or 

14 databases systems 

15 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS16 TEMS.— 

17 ‘‘(1) Notwithstanding section 534 of title 28 and 

18 the implementing regulations for such section (28 

19 C.F.R. part 20), the Administrator of the Federal 

20 Aviation Administration is authorized to access a 

21 system of documented criminal justice information 

22 maintained by the Department of Justice or by a 

23 State but may do so only for the purpose of carrying 

24 out its civil and administrative responsibilities to 

25 protect the safety and security of the National Air-
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1 space System or to support the missions of the De2 partment of Justice, the Department of Homeland Se3 curity, and other law enforcement agencies. The Ad4 ministrator shall be subject to the same conditions or 

5 procedures established by the Department of Justice 

6 or State for access to such an information system by 

7 other governmental agencies with access to the system. 

8 ‘‘(2) The Administrator may not use the access 

9 authorized under paragraph (1) to conduct criminal 

10 investigations. 

11 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

12 shall, by order, designate those employees of the Administra13 tion who shall carry out the authority described in sub14 section (a). Such designated employees may— 

15 ‘‘(1) have access to and receive criminal history, 

16 driver, vehicle, and other law enforcement informa17 tion contained in the law enforcement databases of the 

18 Department of Justice, or of any jurisdiction in a 

19 State in the same manner as a police officer employed 

20 by a State or local authority of that State who is cer21 tified or commissioned under the laws of that State; 

22 ‘‘(2) use any radio, data link, or warning system 

23 of the Federal Government and of any jurisdiction in 

24 a State that provides information about wanted per25 sons, be-on-the-lookout notices, or warrant status or 
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1 other officer safety information to which a police offi2 cer employed by a State or local authority in that 

3 State who is certified or commission under the laws 

4 of that State has access and in the same manner as 

5 such police officer; or 

6 ‘‘(3) receive Federal, State, or local government 

7 communications with a police officer employed by a 

8 State or local authority in that State in the same 

9 manner as a police officer employed by a State or 

10 local authority in that State who is commissioned 

11 under the laws of that State. 

12 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN13 FORMATION DEFINED.—In this section the term ‘system of 

14 documented criminal justice information’ means any law 

15 enforcement databases, systems, or communications con16 taining information concerning identification, criminal 

17 history, arrests, convictions, arrest warrants, or wanted or 

18 missing persons, including the National Crime Information 

19 Center and its incorporated criminal history databases and 

20 the National Law Enforcement Telecommunications Sys21 tem.’’. 

22 (b) CONFORMING AMENDMENT.—The table of contents 

23 for chapter 401 is amended by inserting after the item relat24 ing to section 40129 the following: 

‘‘40130. FAA access to criminal history records or databases systems’’. 
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1 SEC. 506. PILOT FATIGUE. 

2 (a) FLIGHT AND DUTY TIME REGULATIONS.— 

3 (1) IN GENERAL.—In accordance with para4 graph (2), the Administrator of the Federal Aviation 

5 Administration shall issue regulations, based on the 

6 best available scientific information— 

7 (A) to specify limitations on the hours of 

8 flight and duty time allowed for pilots to address 

9 problems relating to pilot fatigue; and 

10 (B) to require part 121 air carriers to de11 velop and implement fatigue risk management 

12 plans. 

13 (2) DEADLINES.—The Administrator shall 

14 issue— 

15 (A) not later than 180 days after the date 

16 of enactment of this Act, a notice of proposed 

17 rulemaking under paragraph (1); and 

18 (B) not later than one year after the date 

19 of enactment of this Act, a final rule under 

20 paragraph (1). 

21 (b) FATIGUE RISK MANAGEMENT PLAN.— 

22 (1) SUBMISSION OF FATIGUE RISK MANAGEMENT

23 PLAN BY PART 121 AIR CARRIERS.—Not later than 90 

24 days after the date of enactment of this Act, each part 

25 121 air carrier shall submit to the Administrator for 

26 review and approval a fatigue risk management plan. 
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1 (2) CONTENTS OF PLAN.—A fatigue risk manage2 ment plan submitted by a part 121 air carrier under 

3 paragraph (1) shall include the following: 

4 (A) Current flight time and duty period 

5 limitations. 

6 (B) A rest scheme that enables the manage7 ment of fatigue, including annual training to in8 crease awareness of— 

9 (i) fatigue; 

10 (ii) the effects of fatigue on pilots; and 

11 (iii) fatigue countermeasures. 

12 (C) Development and use of a methodology 

13 that continually assesses the effectiveness of the 

14 program, including the ability of the program— 

15 (i) to improve alertness; and 

16 (ii) to mitigate performance errors. 

17 (3) PLAN UPDATES.—A part 121 air carrier 

18 shall update its fatigue risk management plan under 

19 paragraph (1) every 2 years and submit the update 

20 to the Administrator for review and approval. 

21 (4) APPROVAL.— 

22 (A) INITIAL APPROVAL OR MODIFICATION.— 

23 Not later than 9 months after the date of enact24 ment of this Act, the Administrator shall review 

25 and approve or require modification to fatigue 
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1 risk management plans submitted under this 

2 subsection to ensure that pilots are not operating 

3 aircraft while fatigued. 

4 (B) UPDATE APPROVAL OR MODIFICA5 TION.—Not later than 9 months after submission 

6 of a plan update under paragraph (3), the Ad7 ministrator shall review and approve or require 

8 modification to such update. 

9 (5) CIVIL PENALTIES.—A violation of this sub10 section by a part 121 air carrier shall be treated as 

11 a violation of chapter 447 of title 49, United States 

12 Code, for purposes of the application of civil penalties 

13 under chapter 463 of that title. 

14 (6) LIMITATION ON APPLICABILITY.—The re15 quirements of this subsection shall cease to apply to 

16 a part 121 air carrier on and after the effective date 

17 of the regulations to be issued under subsection (a). 

18 (c) EFFECT OF COMMUTING ON FATIGUE.— 

19 (1) IN GENERAL.—Not later than 60 days after 

20 the date of enactment of this Act, the Administrator 

21 shall enter into appropriate arrangements with the 

22 National Academy of Sciences to conduct a study of 

23 the effects of commuting on pilot fatigue and report 

24 its findings to the Administrator. 
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1 (2) STUDY.—In conducting the study, the Na2 tional Academy of Sciences shall consider— 

3 (A) the prevalence of pilot commuting in 

4 the commercial air carrier industry, including 

5 the number and percentage of pilots who com6 mute; 

7 (B) information relating to commuting by 

8 pilots, including distances traveled, time zones 

9 crossed, time spent, and methods used; 

10 (C) research on the impact of commuting on 

11 pilot fatigue, sleep, and circadian rhythms; 

12 (D) commuting policies of commercial air 

13 carriers (including passenger and all-cargo air 

14 carriers), including pilot check-in requirements 

15 and sick leave and fatigue policies; 

16 (E) post-conference materials from the Fed17 eral Aviation Administration’s June 2008 sym18 posium entitled ‘‘Aviation Fatigue Management 

19 Symposium: Partnerships for Solutions’’; 

20 (F) Federal Aviation Administration and 

21 international policies and guidance regarding 

22 commuting; and 

23 (G) any other matters as the Administrator 

24 considers appropriate. 
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1 (3) PRELIMINARY FINDINGS.—Not later than 90 

2 days after the date of entering into arrangements 

3 under paragraph (1), the National Academy of 

4 Sciences shall submit to the Administrator its pre5 liminary findings under the study. 

6 (4) REPORT.—Not later than 6 months after the 

7 date of entering into arrangements under paragraph 

8 (1), the National Academy of Sciences shall submit a 

9 report to the Administrator containing its findings 

10 under the study and any recommendations for regu11 latory or administrative actions by the Federal Avia12 tion Administration concerning commuting by pilots. 

13 (5) RULEMAKING.—Following receipt of the re14 port of the National Academy of Sciences under para15 graph (4), the Administrator shall— 

16 (A) consider the findings and recommenda17 tions in the report; and 

18 (B) update, as appropriate based on sci19 entific data, regulations required by subsection 

20 (a) on flight and duty time. 

21 SEC. 507. INCREASING SAFETY FOR HELICOPTER AND 

22 FIXED WING EMERGENCY MEDICAL SERVICE 

23 OPERATORS AND PATIENTS. 

24 (a) COMPLIANCE REGULATIONS.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), not later than 18 months after the date of 

3 enactment of this Act, helicopter and fixed wing air4 craft certificate holders providing emergency medical 

5 services shall comply with part 135 of title 14, Code 

6 of Federal Regulations, if there is a medical crew on 

7 board, without regard to whether there are patients on 

8 board. 

9 (2) EXCEPTION.—If a certificate holder described 

10 in paragraph (1) is operating under instrument flight 

11 rules or is carrying out training therefor— 

12 (A) the weather minimums and duty and 

13 rest time regulations under such part 135 of such 

14 title shall apply; and 

15 (B) the weather reporting requirement at 

16 the destination shall not apply until such time 

17 as the Administrator of the Federal Aviation Ad18 ministration determines that portable, reliable, 

19 and accurate ground-based weather measuring 

20 and reporting systems are available. 

21 (b) IMPLEMENTATION OF FLIGHT RISK EVALUATION

22 PROGRAM.— 

23 (1) INITIATION.—Not later than 60 days after 

24 the date of enactment of this Act, the Administrator 
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1 of the Federal Aviation Administration shall initiate 

2 a rulemaking— 

3 (A) to create a standardized checklist of risk 

4 evaluation factors based on Notice 8000.301, 

5 which was issued by the Administration on Au6 gust 1, 2005; and 

7 (B) to require helicopter and fixed wing 

8 aircraft emergency medical service operators to 

9 use the checklist created under subparagraph (A) 

10 to determine whether a mission should be accept11 ed. 

12 (2) COMPLETION.—The rulemaking initiated 

13 under paragraph (1) shall be completed not later than 

14 18 months after it is initiated. 

15 (c) COMPREHENSIVE CONSISTENT FLIGHT DISPATCH

16 PROCEDURES.— 

17 (1) INITIATION.—Not later than 60 days after 

18 the date of enactment of this Act, the Administrator 

19 of the Federal Aviation Administration shall initiate 

20 a rulemaking— 

21 (A) to require that helicopter and fixed 

22 wing emergency medical service operators for23 malize and implement performance based flight 

24 dispatch and flight-following procedures; and 
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1 (B) to develop a method to assess and en2 sure that such operators comply with the require3 ments described in subparagraph (A). 

4 (2) COMPLETION.—The rulemaking initiated 

5 under paragraph (1) shall be completed not later than 

6 18 months after it is initiated. 

7 (d) IMPROVING SITUATIONAL AWARENESS.—Within 1 

8 year after the date of enactment of this Act, any helicopter 

9 or fixed-wing aircraft used for emergency medical service 

10 shall have on board a device that performs the function of 

11 a terrain awareness and warning system and a means of 

12 displaying that information that meets the requirements of 

13 the applicable Federal Aviation Administration Technical 

14 Standard Order or other guidance prescribed by the Admin15 istrator. 

16 (e) IMPROVING THE DATA AVAILABLE ON AIR MED17 ICAL OPERATIONS.— 

18 (1) IN GENERAL.—The Administrator of the Fed19 eral Aviation Administration shall require each cer20 tificate holder for helicopters and fixed-wing aircraft 

21 used for emergency medical service operations to re22 port not later than 1 year after the date of enactment 

23 of this Act and annually thereafter on— 

24 (A) the number of aircraft and helicopters 

25 used to provide air ambulance services, the reg-
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1 istration number of each of these aircraft or heli2 copters, and the base location of each of these 

3 aircraft or helicopters; 

4 (B) the number of flights and hours flown 

5 by each such aircraft or helicopter used by the 

6 certificate holder to provide such services during 

7 the reporting period; 

8 (C) the number of flights and the purpose of 

9 each flight for each aircraft or helicopter used by 

10 the certificate holder to provide such services 

11 during the reporting period; 

12 (D) the number of flight requests for a heli13 copter providing helicopter air ambulance serv14 ices that were accepted or declined by the certifi15 cate holder and the type of each such flight re16 quest (such as scene response, inter-facility 

17 transport, organ transport, or ferry or repo18 sitioning flight); 

19 (E) the number of accidents involving heli20 copters operated by the certificate holder while 

21 providing helicopter air ambulance services and 

22 a description of the accidents; 

23 (F) the number of flights and hours flown 

24 under instrument flight rules by helicopters oper-
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1 ated by the certificate holder while providing hel2 icopter air ambulance services; 

3 (G) the time of day of each flight flown by 

4 helicopters operated by the certificate holder 

5 while providing helicopter air ambulance serv6 ices; and 

7 (H) The number of incidents where more 

8 helicopters arrive to transport patients than is 

9 needed in a flight request or scene response. 

10 (2) REPORT TO CONGRESS.—The Administrator 

11 of the Federal Aviation Administration shall report to 

12 Congress on the information received pursuant to 

13 paragraph (1) of this subsection no later than 18 

14 months after the date of enactment of this Act. 

15 (f) IMPROVING THE DATA AVAILABLE TO NTSB IN16 VESTIGATORS AT CRASH SITES.— 

17 (1) STUDY.—Not later than 120 days after the 

18 date of enactment of this Act, the Administrator of the 

19 Federal Aviation Administration shall issue a report 

20 that indicates the availability, survivability, size, 

21 weight, and cost of devices that perform the function 

22 of recording voice communications and flight data in23 formation on existing and new helicopters and exist24 ing and new fixed wing aircraft used for emergency 

25 medical service operations. 
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1 (2) RULEMAKING.—Not later than 1 year after 

2 the date of enactment of this Act, the Administrator 

3 of the Federal Aviation Administration shall issue 

4 regulations that require devices that perform the func5 tion of recording voice communications and flight 

6 data information on board aircraft described in para7 graph (1). 

8 SEC. 508. CABIN CREW COMMUNICATION. 

9 (a) IN GENERAL.—Section 44728 is amended— 

10 (1) by redesignating subsection (f) as subsection 

11 (g); and 

12 (2) by inserting after subsection (e) the following: 

13 ‘‘(f) MINIMUM LANGUAGE SKILLS.— 

14 ‘‘(1) IN GENERAL.—No certificate holder may use 

15 any person to serve, nor may any person serve, as a 

16 flight attendant under this part, unless that person 

17 has demonstrated to an individual qualified to deter18 mine proficiency the ability to read, speak, and write 

19 English well enough to— 

20 ‘‘(A) read material written in English and 

21 comprehend the information; 

22 ‘‘(B) speak and understand English suffi23 ciently to provide direction to, and understand 

24 and answer questions from, English-speaking in25 dividuals; 
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1 ‘‘(C) write incident reports and statements 

2 and log entries and statements; and 

3 ‘‘(D) carry out written and oral instruc4 tions regarding the proper performance of their 

5 duties. 

6 ‘‘(2) FOREIGN FLIGHTS.—The requirements of 

7 paragraph (1) do not apply to service as a flight at8 tendant serving solely between points outside the 

9 United States.’’. 

10 (b) ADMINISTRATION.—The Administrator of the Fed11 eral Aviation Administration shall work with certificate 

12 holders to which section 44728(f) of title 49, United States 

13 Code, applies to facilitate compliance with the requirements 

14 of section 44728(f)(1) of that title. 

15 SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDER16 STANDING WITH OSHA. 

17 (a) IN GENERAL.—Within 6 months after the date of 

18 enactment of this Act, the Administrator of the Federal 

19 Aviation Administration shall— 

20 (1) establish milestones, in consultation with the 

21 Occupational Safety and Health Administration, 

22 through a report to Congress for the completion of 

23 work begun under the August 2000 memorandum of 

24 understanding between the 2 Administrations and to 
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1 address issues needing further action in the Adminis2 trations’ joint report in December 2000; and 

3 (2) initiate development of a policy statement to 

4 set forth the circumstances in which Occupational 

5 Safety and Health Administration requirements may 

6 be applied to crewmembers while working in the air7 craft. 

8 (b) POLICY STATEMENT.—The policy statement to be 

9 developed under subsection (a)(2) shall be completed within 

10 18 months after the date of enactment of this Act and shall 

11 satisfy the following principles: 

12 (1) The establishment of a coordinating body 

13 similar to the Aviation Safety and Health Joint 

14 Team established by the August 2000 memorandum of 

15 understanding that includes representatives des16 ignated by both Administrations— 

17 (A) to examine the applicability of current 

18 and future Occupational Safety and Health Ad19 ministration regulations; 

20 (B) to recommend policies for facilitating 

21 the training of Federal Aviation Administration 

22 inspectors; and 

23 (C) to make recommendations that will gov24 ern the inspection and enforcement of safety and 
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1 health standards on board aircraft in operation 

2 and all work-related environments. 

3 (2) Any standards adopted by the Federal Avia4 tion Administration shall set forth clearly— 

5 (A) the circumstances under which an em6 ployer is required to take action to address occu7 pational safety and health hazards; 

8 (B) the measures required of an employer 

9 under the standard; and 

10 (C) the compliance obligations of an em11 ployer under the standard. 

12 SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLE13 MENTATION OF REQUIRED NAVIGATION PER14 FORMANCE APPROACH PROCEDURES. 

15 (a) IN GENERAL.— 

16 (1) ANNUAL MINIMUM REQUIRED NAVIGATION

17 PERFORMANCE PROCEDURES.—The Administrator 

18 shall set a target of achieving a minimum of 200 Re19 quired Navigation Performance procedures each fiscal 

20 year through fiscal year 2012, with 25 percent of that 

21 target number meeting the low visibility approach 

22 criteria consistent with the NextGen Implementation 

23 Plan. 

24 (2) USE OF THIRD PARTIES.—The Adminis25 trator is authorized to provide third parties the abil-
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1 ity to design, flight check, and implement Required 

2 Navigation Performance approach procedures. 

3 (b) DOT INSPECTOR GENERAL REVIEW OF OPER4 ATIONAL AND APPROACH PROCEDURES BY A THIRD

5 PARTY.— 

6 (1) REVIEW.—The Inspector General of the De7 partment of Transportation shall conduct a review re8 garding the effectiveness of the oversight activities 

9 conducted by the Administration in connection with 

10 any agreement with or delegation of authority to a 

11 third party for the development of flight procedures, 

12 including public use procedures, for the National Air13 space System. 

14 (2) ASSESSMENTS.—The Inspector General shall 

15 include, at a minimum, in the review— 

16 (A) an assessment of the extent to which the 

17 Administration is relying or intends to rely on 

18 a third party for the development of new proce19 dures and a determination of whether the Ad20 ministration has established sufficient mecha21 nisms and staffing to provide safety oversight 

22 functions, which may include quality assurance 

23 processes, flight checks, integration of procedures 

24 into the National Aviation System, and oper-
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1 ational assessments of procedures developed by 

2 third parties; and 

3 (B) an assessment regarding whether the 

4 Administration has sufficient existing personnel 

5 and technical resources or mechanisms to develop 

6 such flight procedures in a safe and efficient 

7 manner to meet the demands of the National 

8 Airspace System without the use of third party 

9 resources. 

10 (c) REPORT.—No later than 1 year after the date of 

11 enactment of this Act, the Inspector General shall submit 

12 to the Senate Committee on Commerce, Science, and Trans13 portation and the House of Representatives Committee on 

14 Transportation and Infrastructure a report on the results 

15 of the review conducted under this section. 

16 SEC. 511. IMPROVED SAFETY INFORMATION. 

17 Not later than December 31, 2009, the Administrator 

18 of the Federal Aviation Administration shall issue a final 

19 rule in docket No. FAA–2008–0188, Re-registration and 

20 Renewal of Aircraft Registration. The final rule shall in21 clude— 

22 (1) provision for the expiration of a certificate 

23 for an aircraft registered as of the date of enactment 

24 of this Act, with re-registration requirements for those 

25 aircraft that remain eligible for registration; 
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1 (2) provision for the periodic expiration of all 

2 certificates issued after the effective date of the rule 

3 with a registration renewal process; and 

4 (3) other measures to promote the accuracy and 

5 efficient operation and value of the Administration’s 

6 aircraft registry. 

7 SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 

8 IMPROVEMENTS. 

9 (a) IN GENERAL.—Within 180 days after the date of 

10 enactment of this Act, the Administrator of the Federal 

11 Aviation Administration shall— 

12 (1) take such action as may be necessary to en13 sure that the Voluntary Disclosure Reporting Process 

14 requires inspectors— 

15 (A) to evaluate corrective action proposed 

16 by an air carrier with respect to a matter dis17 closed by that air carrier is sufficiently com18 prehensive in scope and application and applies 

19 to all affected aircraft operated by that air car20 rier before accepting the proposed voluntary dis21 closure; 

22 (B) to verify that corrective action so iden23 tified by an air carrier is completed within the 

24 timeframe proposed; and 
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1 (C) to verify by inspection that the carrier’s 

2 corrective action adequately corrects the problem 

3 that was disclosed; and 

4 (2) establish a second level supervisory review of 

5 disclosures under the Voluntary Disclosure Reporting 

6 Process before any proposed disclosure is accepted and 

7 closed that will ensure that a matter disclosed by an 

8 air carrier— 

9 (A) has not been previously identified by a 

10 Federal Aviation Administration inspector; and 

11 (B) has not been previously disclosed by the 

12 carrier in the preceding 5 years. 

13 (b) GAO STUDY.— 

14 (1) IN GENERAL.—The Comptroller General shall 

15 conduct a study of the Voluntary Disclosure Report16 ing Program. 

17 (2) REVIEW.—In conducting the study, the 

18 Comptroller General shall examine, at a minimum, 

19 whether— 

20 (A) there is evidence that voluntary disclo21 sure is resulting in regulated entities discovering 

22 and correcting violations to a greater extent than 

23 would otherwise occur if there was no program 

24 for immunity from enforcement action; 
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1 (B) the voluntary disclosure program makes 

2 the Federal Aviation Administration aware of 

3 violations that it would not have discovered if 

4 there was not a program, and if a violation is 

5 disclosed voluntarily, whether the Administra6 tion insists on stronger corrective actions than 

7 would have occurred if the regulated entity knew 

8 of a violation, but the Administration did not; 

9 (C) the information the Administration gets 

10 under the program leads to fewer violations by 

11 other entities, either because the information 

12 leads other entities to look for similar violations 

13 or because the information leads Administration 

14 investigators to look for similar violations at 

15 other entities; and 

16 (D) there is any evidence that voluntary 

17 disclosure has improved compliance with regula18 tions, either for the entities making disclosures or 

19 for the industry generally. 

20 (3) REPORT.—Not later than one year after the 

21 date of enactment of this Act, the Comptroller General 

22 shall submit a report to the Senate Committee on 

23 Commerce, Science, and Transportation and the 

24 House of Representatives Committee on Transpor-
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1 tation and Infrastructure on the results of the study 

2 conducted under this subsection. 

3 SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS. 

4 (a) IN GENERAL.—Section 44711 is amended by add5 ing at the end the following: 

6 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT

7 STANDARDS INSPECTORS.— 

8 ‘‘(1) PROHIBITION.—A person holding an oper9 ating certificate issued under title 14, Code of Federal 

10 Regulations, may not knowingly employ, or make a 

11 contractual arrangement which permits, an indi12 vidual to act as an agent or representative of the cer13 tificate holder in any matter before the Federal Avia14 tion Administration if the individual, in the pre15 ceding 3-year period— 

16 ‘‘(A) served as, or was responsible for over17 sight of, a flight standards inspector of the Ad18 ministration; and 

19 ‘‘(B) had responsibility to inspect, or over20 see inspection of, the operations of the certificate 

21 holder. 

22 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

23 For purposes of paragraph (1), an individual shall be 

24 considered to be acting as an agent or representative 

25 of a certificate holder in a matter before the Federal 
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1 Aviation Administration if the individual makes any 

2 written or oral communication on behalf of the cer3 tificate holder to the Administration (or any of its of4 ficers or employees) in connection with a particular 

5 matter, whether or not involving a specific party and 

6 without regard to whether the individual has partici7 pated in, or had responsibility for, the particular 

8 matter while serving as a flight standards inspector 

9 of the Administration.’’. 

10 (b) APPLICABILITY.—The amendment made by sub11 section (a) shall not apply to an individual employed by 

12 a certificate holder as of the date of enactment of this Act. 

13 SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES. 

14 Within 30 days after the date of enactment of this Act, 

15 the Comptroller General shall initiate a review and inves16 tigation of air safety issues identified by Federal Aviation 

17 Administration employees and reported to the Adminis18 trator. The Comptroller General shall report the Govern19 ment Accountability Office’s findings and recommendations 

20 to the Administrator, the Senate Committee on Commerce, 

21 Science, and Transportation, and the House of Representa22 tives Committee on Transportation and Infrastructure on 

23 an annual basis. 
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1 SEC. 515. NATIONAL REVIEW TEAM. 

2 (a) IN GENERAL.—Within 180 days after the date of 

3 enactment of this Act, the Administrator of the Federal 

4 Aviation Administration shall establish a national review 

5 team within the Administration to conduct periodic, unan6 nounced, and random reviews of the Administration’s over7 sight of air carriers and report annually its findings and 

8 recommendations to the Administrator, the Senate Com9 merce, Science, and Transportation Committee, and the 

10 House of Representatives Committee on Transportation and 

11 Infrastructure. 

12 (b) LIMITATION.—The Administrator shall prohibit a 

13 member of the National Review Team from participating 

14 in any review or audit of an air carrier under subsection 

15 (a) if the member has previously had responsibility for in16 specting, or overseeing the inspection of, the operations of 

17 that air carrier. 

18 (c) INSPECTOR GENERAL REPORTS.—The Inspector 

19 General of the Department of Transportation shall provide 

20 progress reports to the Senate Committee on Commerce, 

21 Science, and Transportation and the House of Representa22 tives Committee on Transportation and Infrastructure on 

23 the review teams and their effectiveness. 

24 SEC. 516. FAA ACADEMY IMPROVEMENTS. 

25 (a) REVIEW.—Within 1 year after the date of enact26 ment of this Act, the Administrator of the Federal Aviation 
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1 Administration shall conduct a comprehensive review and 

2 evaluation of its Academy and facility training efforts. 

3 (b) FACILITY TRAINING PROGRAM.—The Adminis4 trator shall— 

5 (1) clarify responsibility for oversight and direc6 tion of the Academy’s facility training program at 

7 the national level; 

8 (2) communicate information concerning that re9 sponsibility to facility managers; and 

10 (3) establish standards to identify the number of 

11 developmental controllers that can be accommodated 

12 at each facility, based on— 

13 (A) the number of available on-the-job14 training instructors; 

15 (B) available classroom space; 

16 (C) the number of available simulators; 

17 (D) training requirements; and 

18 (E) the number of recently placed new per19 sonnel already in training. 

20 SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPER21 ATIONAL ERRORS. 

22 (a) PLAN.—The Administrator of the Federal Aviation 

23 Administration shall develop a plan for the reduction of 

24 runway incursions by reviewing every commercial service 

25 airport (as defined in section 47102 of title 49, United 
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1 States Code) in the United States and initiating action to 

2 improve airport lighting, provide better signage, and im3 prove runway and taxiway markings. 

4 (b) PROCESS.—Within 1 year after the date of enact5 ment of this Act, the Administrator of the Federal Aviation 

6 Administration shall develop a process for tracking and in7 vestigating operational errors and runway incursions that 

8 includes— 

9 (1) identifying the office responsible for estab10 lishing regulations regarding operational errors and 

11 runway incursions; 

12 (2) identifying who is responsible for tracking 

13 and investigating operational errors and runway in14 cursions and taking remedial actions; 

15 (3) identifying who is responsible for tracking 

16 operational errors and runway incursions, including 

17 a process for lower level employees to report to higher 

18 supervisory levels; and 

19 (4) periodic random audits of the oversight proc20 ess. 

21 SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGA22 TION OFFICE. 

23 Section 106 is amended by adding at the end the fol24 lowing: 
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1 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGA2 TION OFFICE.— 

3 ‘‘(1) ESTABLISHMENT.—There is established in 

4 the Administration an Aviation Safety Whistleblower 

5 Investigation Office. 

6 ‘‘(2) DIRECTOR.— 

7 ‘‘(A) APPOINTMENT.—The head of the Office 

8 shall be the Director, who shall be appointed by 

9 the Secretary of Transportation. 

10 ‘‘(B) QUALIFICATIONS.—The Director shall 

11 have a demonstrated ability in investigations 

12 and knowledge of or experience in aviation. 

13 ‘‘(C) TERM.—The Director shall be ap14 pointed for a term of 5 years. 

15 ‘‘(D) VACANCY.—Any individual appointed 

16 to fill a vacancy in the position of the Director 

17 occurring before the expiration of the term for 

18 which the individual’s predecessor was appointed 

19 shall be appointed for the remainder of that 

20 term. 

21 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 

22 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di23 rector shall— 

24 ‘‘(i) receive complaints and informa25 tion submitted by employees of persons 
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1 holding certificates issued under title 14, 

2 Code of Federal Regulations, and employees 

3 of the Administration concerning the pos4 sible existence of an activity relating to a 

5 violation of an order, regulation, or stand6 ard of the Administration or any other pro7 vision of Federal law relating to aviation 

8 safety; 

9 ‘‘(ii) assess complaints and informa10 tion submitted under clause (i) and deter11 mine whether a substantial likelihood exists 

12 that a violation of an order, regulation, or 

13 standard of the Administration or any 

14 other provision of Federal law relating to 

15 aviation safety may have occurred; and 

16 ‘‘(iii) based on findings of the assess17 ment conducted under clause (ii), make rec18 ommendations to the Administrator in 

19 writing for further investigation or correc20 tive actions. 

21 ‘‘(B) DISCLOSURE OF IDENTITIES.—The Di22 rector shall not disclose the identity of an indi23 vidual who submits a complaint or information 

24 under subparagraph (A)(i) unless— 
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1 ‘‘(i) the individual consents to the dis2 closure in writing; or 

3 ‘‘(ii) the Director determines, in the 

4 course of an investigation, that the disclo5 sure is unavoidable. 

6 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

7 Secretary, the Administrator, or any officer or 

8 employee of the Administration may not prevent 

9 or prohibit the Director from initiating, car10 rying out, or completing any assessment of a 

11 complaint or information submitted subpara12 graph (A)(i) or from reporting to Congress on 

13 any such assessment. 

14 ‘‘(D) ACCESS TO INFORMATION.—In con15 ducting an assessment of a complaint or infor16 mation submitted under subparagraph (A)(i), 

17 the Director shall have access to all records, re18 ports, audits, reviews, documents, papers, rec19 ommendations, and other material necessary to 

20 determine whether a substantial likelihood exists 

21 that a violation of an order, regulation, or 

22 standard of the Administration or any other pro23 vision of Federal law relating to aviation safety 

24 may have occurred. 
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1 ‘‘(4) RESPONSES TO RECOMMENDATIONS.— 

2 The Administrator shall respond to a rec3 ommendation made by the Director under sub4 paragraph (A)(iii) in writing and retain records 

5 related to any further investigations or corrective 

6 actions taken in response to the recommendation. 

7 ‘‘(5) INCIDENT REPORTS.—If the Director deter8 mines there is a substantial likelihood that a viola9 tion of an order, regulation, or standard of the Ad10 ministration or any other provision of Federal law 

11 relating to aviation safety may have occurred that re12 quires immediate corrective action, the Director shall 

13 report the potential violation expeditiously to the Ad14 ministrator and the Inspector General of the Depart15 ment of Transportation. 

16 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

17 INSPECTOR GENERAL.—If the Director has reasonable 

18 grounds to believe that there has been a violation of 

19 Federal criminal law, the Director shall report the 

20 violation expeditiously to the Inspector General. 

21 ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later 

22 than October 1 of each year, the Director shall submit 

23 to Congress a report containing— 

24 ‘‘(A) information on the number of submis25 sions of complaints and information received by 
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1 the Director under paragraph (3)(A)(i) in the 

2 preceding 12-month period; 

3 ‘‘(B) summaries of those submissions; 

4 ‘‘(C) summaries of further investigations 

5 and corrective actions recommended in response 

6 to the submissions; and 

7 ‘‘(D) summaries of the responses of the Ad8 ministrator to such recommendations.’’. 

9 SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIA10 TIVE. 

11 (a) MODIFICATION OF INITIATIVE.—Not later than 90 

12 days after the date of enactment of this Act, the Adminis13 trator of the Federal Aviation Administration shall modify 

14 the customer service initiative, mission and vision state15 ments, and other statements of policy of the Administra16 tion— 

17 (1) to remove any reference to air carriers or 

18 other entities regulated by the Administration as 

19 ‘‘customers’’; 

20 (2) to clarify that in regulating safety the only 

21 customers of the Administration are members of the 

22 traveling public; and 

23 (3) to clarify that air carriers and other entities 

24 regulated by the Administration do not have the right 
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1 to select the employees of the Administration who will 

2 inspect their operations. 

3 (b) SAFETY PRIORITY.—In carrying out the Adminis4 trator’s responsibilities, the Administrator shall ensure that 

5 safety is given a higher priority than preventing the dis6 satisfaction of an air carrier or other entity regulated by 

7 the Administration with an employee of the Administra8 tion. 

9 SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPOR10 TATION OVERSIGHT SYSTEM DATABASE. 

11 (a) REVIEWS.—The Administrator of the Federal 

12 Aviation Administration shall establish a process by which 

13 the air transportation oversight system database of the Ad14 ministration is reviewed by a team of employees of the 

15 Agency on a monthly basis to ensure that— 

16 (1) any trends in regulatory compliance are 

17 identified; and 

18 (2) appropriate corrective actions are taken in 

19 accordance with Agency regulations, advisory direc20 tives, policies, and procedures. 

21 (b) MONTHLY TEAM REPORTS.— 

22 (1) IN GENERAL.—The team of employees con23 ducting a monthly review of the air transportation 

24 oversight system database under subsection (a) shall 

25 submit to the Administrator, the Associate Adminis-
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1 trator for Aviation Safety, and the Director of Flight 

2 Standards a report on the results of the review. 

3 (2) CONTENTS.—A report submitted under para4 graph (1) shall identify— 

5 (A) any trends in regulatory compliance 

6 discovered by the team of employees in con7 ducting the monthly review; and 

8 (B) any corrective actions taken or proposed 

9 to be taken in response to the trends. 

10 (c) QUARTERLY REPORTS TO CONGRESS.—The Ad11 ministrator, on a quarterly basis, shall submit a report to 

12 the Senate Committee on Commerce, Science, and Trans13 portation and the House of Representatives Committee on 

14 Transportation and Infrastructure on the results of reviews 

15 of the air transportation oversight system database con16 ducted under this section, including copies of reports re17 ceived under subsection (b). 

18 SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS. 

19 (a) IN GENERAL.—Chapter 447 is amended by adding 

20 at the end the following: 

21 ‘‘§ 44730. Inspection of foreign repair stations 

22 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

23 enactment of the FAA Air Transportation Modernization 

24 and Safety Improvement Act the Administrator of the Fed25 eral Aviation Administration shall establish and implement 
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1 a safety assessment system for all part 145 repair stations 

2 based on the type, scope, and complexity of work being per3 formed. The system shall— 

4 ‘‘(1) ensure that repair stations outside the 

5 United States are subject to appropriate inspections 

6 based on identified risk and consistent with existing 

7 United States requirements; 

8 ‘‘(2) consider inspection results and findings 

9 submitted by foreign civil aviation authorities oper10 ating under a maintenance safety or maintenance 

11 implementation agreement with the United States in 

12 meeting the requirements of the safety assessment sys13 tem; and 

14 ‘‘(3) require all maintenance safety or mainte15 nance implementation agreements to provide an op16 portunity for the Federal Aviation Administration to 

17 conduct independent inspections of covered part 145 

18 repair stations when safety concerns warrant such in19 spections. 

20 ‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The 

21 Administrator shall notify the Senate Committee on Com22 merce, Science, and Transportation and the House of Rep23 resentatives Committee on Transportation and Infrastruc24 ture within 30 days after initiating formal negotiations 

25 with foreign aviation authorities or other appropriate for-
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1 eign government agencies on a new maintenance safety or 

2 maintenance implementation agreement. 

3 ‘‘(c) ANNUAL REPORT.—The Administrator shall pub4 lish an annual report on the Federal Aviation Administra5 tion’s oversight of part 145 repair stations and implemen6 tation of the safety assessment system required by subsection 

7 (a). The report shall— 

8 ‘‘(1) describe in detail any improvements in the 

9 Federal Aviation Administration’s ability to identify 

10 and track where part 121 air carrier repair work is 

11 performed; 

12 ‘‘(2) include a staffing model to determine the 

13 best placement of inspectors and the number of in14 spectors needed; 

15 ‘‘(3) describe the training provided to inspectors; 

16 and 

17 ‘‘(4) include an assessment of the quality of mon18 itoring and surveillance by the Federal Aviation Ad19 ministration of work provided by its inspectors and 

20 the inspectors of foreign authorities operating under 

21 a maintenance safety or implementation agreement. 

22 ‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCE TEST23 ING PROGRAM REQUIREMENTS.— 

24 ‘‘(1) IN GENERAL.—The Secretaries of State and 

25 Transportation jointly shall request the governments 
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1 of foreign countries that are members of the Inter2 national Civil Aviation Organization to establish 

3 international standards for alcohol and controlled 

4 substances testing of persons that perform safety sen5 sitive maintenance functions upon commercial air 

6 carrier aircraft. 

7 ‘‘(2) APPLICATION TO PART 121 AIRCRAFT

8 WORK.—Within 1 year after the date of enactment of 

9 the FAA Air Transportation Modernization and Safe10 ty Improvement Act the Administrator shall promul11 gate a proposed rule requiring that all part 145 re12 pair station employees responsible for safety-sensitive 

13 functions on part 121 air carrier aircraft are subject 

14 to an alcohol and controlled substance testing pro15 gram determined acceptable by the Administrator and 

16 consistent with the applicable laws of the country in 

17 which the repair station is located. 

18 ‘‘(e) BIANNUAL INSPECTIONS.—The Administrator 

19 shall require part 145 repair stations to be inspected twice 

20 each year by Federal Aviation Administration safety in21 spectors, regardless of where the station is located, in a 

22 manner consistent with United States obligations under 

23 international agreements. 

24 ‘‘(f) DEFINITIONS.—In this section: 
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1 ‘‘(1) PART 121 AIR CARRIER.—The term ‘part 

2 121 air carrier’ means an air carrier that holds a 

3 certificate issued under part 121 of title 14, Code of 

4 Federal Regulations. 

5 ‘‘(2) PART 145 REPAIR STATION.—The term 

6 ‘part 145 repair station’ means a repair station that 

7 holds a certificate issued under part 145 of title 14, 

8 Code of Federal Regulations.’’. 

9 (b) CONFORMING AMENDMENT.—The table of contents 

10 for chapter 447 is amended by adding at the end thereof 

11 the following: 

‘‘44730. Inspection of foreign repair stations’’. 

12 SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS. 

13 (a) REGULATIONS.—Not later than 3 years after the 

14 date of enactment of this Act, the Administrator of the Fed15 eral Aviation Administration shall issue regulations requir16 ing that all covered maintenance work on aircraft used to 

17 provide air transportation under part 121 of title 14, Code 

18 of Federal Regulations, be performed by individuals in ac19 cordance with subsection (b). 

20 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

21 WORK.—No individual may perform covered maintenance 

22 work on aircraft used to provide air transportation under 

23 part 121 of title 14, Code of Federal Regulations unless that 

24 individual is employed by— 

25 (1) a part 121 air carrier; 
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1 (2) a part 145 repair station or a person author2 ized under section 43.17 of title 14, Code of Federal 

3 Regulations; 

4 (3) a person that provides contract maintenance 

5 workers or services to a part 145 repair station or 

6 part 121 air carrier, and the individual— 

7 (A) meets the requirements of the part 121 

8 air carrier or the part 145 repair station; 

9 (B) performs the work under the direct su10 pervision and control of the part 121 air carrier 

11 or the part 145 repair station directly in charge 

12 of the maintenance services; and 

13 (C) carries out the work in accordance with 

14 the part 121 air carrier’s maintenance manual; 

15 (4) by the holder of a type certificate, production 

16 certificate, or other production approval issued under 

17 part 21 of title 14, Code of Federal Regulations, and 

18 the holder of such certificate or approval— 

19 (A) originally produced, and continues to 

20 produce, the article upon which the work is to be 

21 performed; and 

22 (B) is acting in conjunction with a part 

23 121 air carrier or a part 145 repair station. 

24 (d) DEFINITIONS.—In this section: 
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1 (1) COVERED MAINTENANCE WORK.—The term 

2 ‘‘covered maintenance work’’ means maintenance 

3 work that is essential maintenance, regularly sched4 uled maintenance, or a required inspection item, as 

5 determined by the Administrator. 

6 (2) PART 121 AIR CARRIER.—The term ‘‘part 

7 121 air carrier’’ has the meaning given that term in 

8 section 44730(f)(1) of title 49, United States Code. 

9 (3) PART 145 REPAIR STATION.—The term ‘‘part 

10 145 repair station’’ has the meaning given that term 

11 in section 44730(f)(2) of title 49, United States Code. 

12 SUBTITLE B—FLIGHT SAFETY 

13 SEC. 551. FAA PILOT RECORDS DATABASE. 

14 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI15 CANTS.—Section 44703(h) is amended by adding at the end 

16 the following: 

17 ‘‘(16) APPLICABILITY.—This subsection shall 

18 cease to be effective on the date specified in regula19 tions issued under subsection (i).’’. 

20 (b) ESTABLISHMENT OF FAA PILOT RECORDS DATA21 BASE.—Section 44703 is amended— 

22 (1) by redesignating subsections (i) and (j) as 

23 subsections (j) and (k), respectively; and 

24 (2) by inserting after subsection (h) the fol25 lowing: 
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1 ‘‘(i) FAA PILOT RECORDS DATABASE.— 

2 ‘‘(1) IN GENERAL.—Before allowing an indi3 vidual to begin service as a pilot, an air carrier shall 

4 access and evaluate, in accordance with the require5 ments of this subsection, information pertaining to 

6 the individual from the pilot records database estab7 lished under paragraph (2). 

8 ‘‘(2) PILOT RECORDS DATABASE.—The Adminis9 trator shall establish an electronic database (in this 

10 subsection referred to as the ‘database’) containing the 

11 following records: 

12 ‘‘(A) FAA RECORDS.—From the Adminis13 trator— 

14 ‘‘(i) records that are maintained by the 

15 Administrator concerning current airman 

16 certificates, including airman medical cer17 tificates and associated type ratings and in18 formation on any limitations to those cer19 tificates and ratings; 

20 ‘‘(ii) records that are maintained by 

21 the Administrator concerning any failed at22 tempt of an individual to pass a practical 

23 test required to obtain a certificate or type 

24 rating under part 61 of title 14, Code of 

25 Federal Regulations; and 
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1 ‘‘(iii) summaries of legal enforcement 

2 actions resulting in a finding by the Ad3 ministrator of a violation of this title or a 

4 regulation prescribed or order issued under 

5 this title that was not subsequently over6 turned. 

7 ‘‘(B) AIR CARRIER AND OTHER RECORDS.— 

8 From any air carrier or other person (except a 

9 branch of the Armed Forces, the National Guard, 

10 or a reserve component of the Armed Forces) that 

11 has employed an individual as a pilot of a civil 

12 or public aircraft, or from the trustee in bank13 ruptcy for such air carrier or person— 

14 ‘‘(i) records pertaining to the indi15 vidual that are maintained by the air car16 rier (other than records relating to flight 

17 time, duty time, or rest time), including 

18 records under regulations set forth in— 

19 ‘‘(I) section 121.683 of title 14, 

20 Code of Federal Regulations; 

21 ‘‘(II) paragraph (A) of section VI, 

22 appendix I, part 121 of such title; 

23 ‘‘(III) paragraph (A) of section 

24 IV, appendix J, part 121 of such title; 
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1 ‘‘(IV) section 125.401 of such title; 

2 and 

3 ‘‘(V) section 135.63(a)(4) of such 

4 title; and 

5 ‘‘(ii) other records pertaining to the in6 dividual’s performance as a pilot that are 

7 maintained by the air carrier or person 

8 concerning— 

9 ‘‘(I) the training, qualifications, 

10 proficiency, or professional competence 

11 of the individual, including comments 

12 and evaluations made by a check air13 man designated in accordance with 

14 section 121.411, 125.295, or 135.337 of 

15 such title; 

16 ‘‘(II) any disciplinary action 

17 taken with respect to the individual 

18 that was not subsequently overturned; 

19 and 

20 ‘‘(III) any release from employ21 ment or resignation, termination, or 

22 disqualification with respect to em23 ployment. 

24 ‘‘(C) NATIONAL DRIVER REGISTER

25 RECORDS.—In accordance with section 
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1 30305(b)(8) of this title, from the chief driver li2 censing official of a State, information con3 cerning the motor vehicle driving record of the 

4 individual. 

5 ‘‘(3) WRITTEN CONSENT; RELEASE FROM LIABIL6 ITY.—An air carrier— 

7 ‘‘(A) shall obtain the written consent of an 

8 individual before accessing records pertaining to 

9 the individual under paragraph (1); and 

10 ‘‘(B) may, notwithstanding any other pro11 vision of law or agreement to the contrary, re12 quire an individual with respect to whom the 

13 carrier is accessing records under paragraph (1) 

14 to execute a release from liability for any claim 

15 arising from accessing the records or the use of 

16 such records by the air carrier in accordance 

17 with this section (other than a claim arising 

18 from furnishing information known to be false 

19 and maintained in violation of a criminal stat20 ute). 

21 ‘‘(4) REPORTING.— 

22 ‘‘(A) REPORTING BY ADMINISTRATOR.—The 

23 Administrator shall enter data described in 

24 paragraph (2)(A) into the database promptly to 

25 ensure that an individual’s records are current. 
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1 ‘‘(B) REPORTING BY AIR CARRIERS AND

2 OTHER PERSONS.— 

3 ‘‘(i) IN GENERAL.—Air carriers and 

4 other persons shall report data described in 

5 paragraphs (2)(B) and (2)(C) to the Ad6 ministrator promptly for entry into the 

7 database. 

8 ‘‘(ii) DATA TO BE REPORTED.—Air 

9 carriers and other persons shall report, at a 

10 minimum, under clause (i) the following 

11 data described in paragraph (2)(B): 

12 ‘‘(I) Records that are generated by 

13 the air carrier or other person after the 

14 date of enactment of the FAA Air 

15 Transportation Modernization and 

16 Safety Improvement Act. 

17 ‘‘(II) Records that the air carrier 

18 or other person is maintaining, on 

19 such date of enactment, pursuant to 

20 subsection (h)(4). 

21 ‘‘(5) REQUIREMENT TO MAINTAIN RECORDS.— 

22 The Administrator— 

23 ‘‘(A) shall maintain all records entered into 

24 the database under paragraph (2) pertaining to 
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1 an individual until the date of receipt of notifi2 cation that the individual is deceased; and 

3 ‘‘(B) may remove the individual’s records 

4 from the database after that date. 

5 ‘‘(6) RECEIPT OF CONSENT.—The Administrator 

6 shall not permit an air carrier to access records per7 taining to an individual from the database under 

8 paragraph (1) without the air carrier first dem9 onstrating to the satisfaction of the Administrator 

10 that the air carrier has obtained the written consent 

11 of the individual. 

12 ‘‘(7) RIGHT OF PILOT TO REVIEW CERTAIN

13 RECORDS AND CORRECT INACCURACIES.—Notwith14 standing any other provision of law or agreement, the 

15 Administrator, upon receipt of written request from 

16 an individual— 

17 ‘‘(A) shall make available, not later than 30 

18 days after the date of the request, to the indi19 vidual for review all records referred to in para20 graph (2) pertaining to the individual; and 

21 ‘‘(B) shall provide the individual with a 

22 reasonable opportunity to submit written com23 ments to correct any inaccuracies contained in 

24 the records. 
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1 ‘‘(8) REASONABLE CHARGES FOR PROCESSING

2 REQUESTS AND FURNISHING COPIES.—The Adminis3 trator may establish a reasonable charge for the cost 

4 of processing a request under paragraph (1) or (7) 

5 and for the cost of furnishing copies of requested 

6 records under paragraph (7). 

7 ‘‘(9) PRIVACY PROTECTIONS.— 

8 ‘‘(A) USE OF RECORDS.—An air carrier 

9 that accesses records pertaining to an individual 

10 under paragraph (1) may use the records only to 

11 assess the qualifications of the individual in de12 ciding whether or not to hire the individual as 

13 a pilot. The air carrier shall take such actions 

14 as may be necessary to protect the privacy of the 

15 individual and the confidentiality of the records 

16 accessed, including ensuring that information 

17 contained in the records is not divulged to any 

18 individual that is not directly involved in the 

19 hiring decision. 

20 ‘‘(B) DISCLOSURE OF INFORMATION.— 

21 ‘‘(i) IN GENERAL.—Except as provided 

22 by clause (ii), information collected by the 

23 Administrator under paragraph (2) shall be 

24 exempt from the disclosure requirements of 

25 section 552 of title 5. 
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1 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

2 not apply to— 

3 ‘‘(I) de-identified, summarized in4 formation to explain the need for 

5 changes in policies and regulations; 

6 ‘‘(II) information to correct a con7 dition that compromises safety; 

8 ‘‘(III) information to carry out a 

9 criminal investigation or prosecution; 

10 ‘‘(IV) information to comply with 

11 section 44905, regarding information 

12 about threats to civil aviation; and 

13 ‘‘(V) such information as the Ad14 ministrator determines necessary, if 

15 withholding the information would not 

16 be consistent with the safety respon17 sibilities of the Federal Aviation Ad18 ministration. 

19 ‘‘(10) PERIODIC REVIEW.—Not later than 18 

20 months after the date of enactment of the FAA Air 

21 Transportation Modernization and Safety Improve22 ment Act, and at least once every 3 years thereafter, 

23 the Administrator shall transmit to Congress a state24 ment that contains, taking into account recent devel25 opments in the aviation industry— 
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1 ‘‘(A) recommendations by the Administrator 

2 concerning proposed changes to Federal Aviation 

3 Administration records, air carrier records, and 

4 other records required to be included in the data5 base under paragraph (2); or 

6 ‘‘(B) reasons why the Administrator does 

7 not recommend any proposed changes to the 

8 records referred to in subparagraph (A). 

9 ‘‘(11) REGULATIONS FOR PROTECTION AND SE10 CURITY OF RECORDS.—The Administrator shall pre11 scribe such regulations as may be necessary— 

12 ‘‘(A) to protect and secure— 

13 ‘‘(i) the personal privacy of any indi14 vidual whose records are accessed under 

15 paragraph (1); and 

16 ‘‘(ii) the confidentiality of those 

17 records; and 

18 ‘‘(B) to preclude the further dissemination 

19 of records received under paragraph (1) by the 

20 person who accessed the records. 

21 ‘‘(12) GOOD FAITH EXCEPTION.—Notwith22 standing paragraph (1), an air carrier may allow an 

23 individual to begin service as a pilot, without first 

24 obtaining information described in paragraph (2)(B) 

25 from the database pertaining to the individual, if— 
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1 ‘‘(A) the air carrier has made a documented 

2 good faith attempt to access the information 

3 from the database; and 

4 ‘‘(B) has received written notice from the 

5 Administrator that the information is not con6 tained in the database because the individual 

7 was employed by an air carrier or other person 

8 that no longer exists or by a foreign government 

9 or other entity that has not provided the infor10 mation to the database. 

11 ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO

12 RECORDS.— 

13 ‘‘(A) ACCESS BY INDIVIDUALS DESIGNATED

14 BY AIR CARRIERS.—For the purpose of increas15 ing timely and efficient access to records de16 scribed in paragraph (2), the Administrator may 

17 allow, under terms established by the Adminis18 trator, an individual designated by an air car19 rier to have electronic access to the database. 

20 ‘‘(B) TERMS.—The terms established by the 

21 Administrator under subparagraph (A) for al22 lowing a designated individual to have electronic 

23 access to the database shall limit such access to 

24 instances in which information in the database 

25 is required by the designated individual in mak-
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1 ing a hiring decision concerning a pilot appli2 cant and shall require that the designated indi3 vidual provide assurances satisfactory to the Ad4 ministrator that— 

5 ‘‘(i) the designated individual has re6 ceived the written consent of the pilot appli7 cant to access the information; and 

8 ‘‘(ii) information obtained using such 

9 access will not be used for any purpose 

10 other than making the hiring decision. 

11 ‘‘(14) REGULATIONS.— 

12 ‘‘(A) IN GENERAL.—The Administrator 

13 shall issue regulations to carry out this sub14 section. 

15 ‘‘(B) EFFECTIVE DATE.—The regulations 

16 shall specify the date on which the requirements 

17 of this subsection take effect and the date on 

18 which the requirements of subsection (h) cease to 

19 be effective. 

20 ‘‘(C) EXCEPTIONS.—Notwithstanding sub21 paragraph (B)— 

22 ‘‘(i) the Administrator shall begin to 

23 establish the database under paragraph (2) 

24 not later than 90 days after the date of en25 actment of the FAA Air Transportation 
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1 Modernization and Safety Improvement 

2 Act; 

3 ‘‘(ii) the Administrator shall maintain 

4 records in accordance with paragraph (5) 

5 beginning on the date of enactment of that 

6 Act; and 

7 ‘‘(iii) air carriers and other persons 

8 shall maintain records to be reported to the 

9 database under paragraph (4)(B) in the pe10 riod beginning on such date of enactment 

11 and ending on the date that is 5 years after 

12 the requirements of subsection (h) cease to 

13 be effective pursuant to subparagraph (B). 

14 ‘‘(15) SPECIAL RULE.—During the one-year pe15 riod beginning on the date on which the requirements 

16 of this section become effective pursuant to paragraph 

17 (15)(B), paragraph (7)(A) shall be applied by sub18 stituting ‘45 days’ for ‘30 days’.’’. 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) LIMITATION ON LIABILITY; PREEMPTION OF

21 STATE LAW.—Section 44703(j) (as redesignated by 

22 subsection (b)(1) of this section) is amended— 

23 (A) in the subsection heading by striking 

24 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

25 (B) in paragraph (1)— 
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1 (i) in the matter preceding subpara2 graph (A) by striking ‘‘paragraph (2)’’ and 

3 inserting ‘‘subsection (h)(2) or (i)(3)’’; 

4 (ii) in subparagraph (A) by inserting 

5 ‘‘or accessing the records of that individual 

6 under subsection (i)(1)’’ before the semi7 colon; and 

8 (iii) in the matter following subpara9 graph (D) by striking ‘‘subsection (h)’’ and 

10 inserting ‘‘subsection (h) or (i)’’; 

11 (C) in paragraph (2) by striking ‘‘sub12 section (h)’’ and inserting ‘‘subsection (h) or 

13 (i)’’; 

14 (D) in paragraph (3), in the matter pre15 ceding subparagraph (A), by inserting ‘‘or who 

16 furnished information to the database established 

17 under subsection (i)(2)’’ after ‘‘subsection 

18 (h)(1)’’; and 

19 (E) by adding at the end the following: 

20 ‘‘(4) PROHIBITION ON ACTIONS AND PRO21 CEEDINGS AGAINST AIR CARRIERS.— 

22 ‘‘(A) HIRING DECISIONS.—An air carrier 

23 may refuse to hire an individual as a pilot if the 

24 individual did not provide written consent for 

25 the air carrier to receive records under subsection 
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1 (h)(2)(A) or (i)(3)(A) or did not execute the re2 lease from liability requested under subsection 

3 (h)(2)(B) or (i)(3)(B). 

4 ‘‘(B) ACTIONS AND PROCEEDINGS.—No ac5 tion or proceeding may be brought against an 

6 air carrier by or on behalf of an individual who 

7 has applied for or is seeking a position as a pilot 

8 with the air carrier if the air carrier refused to 

9 hire the individual after the individual did not 

10 provide written consent for the air carrier to re11 ceive records under subsection (h)(2)(A) or 

12 (i)(3)(A) or did not execute a release from liabil13 ity requested under subsection (h)(2)(B) or 

14 (i)(3)(B).’’. 

15 (2) LIMITATION ON STATUTORY CONSTRUC16 TION.—Section 44703(k) (as redesignated by sub17 section (b)(1) of this section) is amended by striking 

18 ‘‘subsection (h)’’ and inserting ‘‘subsection (h) or (i)’’. 

19 SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS. 

20 (a) IN GENERAL.—Within 60 days after the date of 

21 enactment of this Act, the Administrator shall initiate and 

22 complete a rulemaking to require part 121 air carriers— 

23 (1) to implement, as part of their safety manage24 ment systems— 

25 (A) an Aviation Safety Action Program; 
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1 (B) a Flight Operations Quality Assurance 

2 Program; 

3 (C) a Line Operational Safety Audit Pro4 gram; and 

5 (D) a Flight Crew Fatigue Risk Manage6 ment Program; 

7 (2) to implement appropriate privacy protection 

8 safeguards with respect to data included in such pro9 grams; and 

10 (3) to provide appropriate collaboration and 

11 operational oversight of regional/commuter air car12 riers by affiliated major air carriers that include— 

13 (A) periodic safety audits of flight oper14 ations; 

15 (B) training, maintenance, and inspection 

16 programs; and 

17 (C) provisions for the exchange of safety in18 formation. 

19 (b) EFFECT ON ADVANCED QUALIFICATION PRO20 GRAM.—Implementation of the programs under subsection 

21 (a)(1) neither limits nor invalidates the Federal Aviation 

22 Administration’s advanced qualification program. 

23 (c) LIMITATIONS ON DISCIPLINE AND ENFORCE24 MENT.—The Administrator shall require that each of the 

25 programs described in subsection (a)(1)(A) and (B) estab-
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1 lish protections for an air carrier or employee submitting 

2 data or reports against disciplinary or enforcement actions 

3 by any Federal agency or employer. The protections shall 

4 not be less than the protections provided under Federal 

5 Aviation Administration Advisory Circulars governing 

6 those programs, including Advisory Circular AC No. 120– 

7 66 and AC No. 120–82. 

8 (d) CVR DATA.—The Administrator, acting in col9 laboration with aviation industry interested parties, shall 

10 consider the merits and feasibility of incorporating cockpit 

11 voice recorder data in safety oversight practices. 

12 (e) ENFORCEMENT CONSISTENCY.—Within 9 months 

13 after the date of enactment of this Act, the Administrator 

14 shall— 

15 (1) develop and implement a plan that will en16 sure that the FAA’s safety enforcement plan is con17 sistently enforced; and 

18 (2) ensure that the FAA’s safety oversight pro19 gram is reviewed periodically and updated as nec20 essary. 

21 SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES TO 

22 SAFETY RECOMMENDATIONS. 

23 (a) IN GENERAL.—The first sentence of section 1135(a) 

24 is amended by inserting ‘‘to the National Transportation 

25 Safety Board’’ after ‘‘shall give’’. 
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1 (b) AIR CARRIER SAFETY RECOMMENDATIONS.—Sec2 tion 1135 is amended— 

3 (1) by redesignating subsections (c) and (d) as 

4 subsections (d) and (e), respectively; and 

5 (2) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) ANNUAL REPORT ON AIR CARRIER SAFETY REC8 OMMENDATIONS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall submit 

10 an annual report to the Congress and the Board on 

11 the recommendations made by the Board to the Sec12 retary regarding air carrier operations conducted 

13 under part 121 of title 14, Code of Federal Regula14 tions. 

15 ‘‘(2) RECOMMENDATIONS TO BE COVERED.—The 

16 report shall cover— 

17 ‘‘(A) any recommendation for which the 

18 Secretary has developed, or intends to develop, 

19 procedures to adopt the recommendation or part 

20 of the recommendation, but has yet to complete 

21 the procedures; and 

22 ‘‘(B) any recommendation for which the 

23 Secretary, in the preceding year, has issued a re24 sponse under subsection (a)(2) or (a)(3) refusing 
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1 to carry out all or part of the procedures to 

2 adopt the recommendation. 

3 ‘‘(3) CONTENTS.— 

4 ‘‘(A) PLANS TO ADOPT RECOMMENDA5 TIONS.—For each recommendation of the Board 

6 described in paragraph (2)(A), the report shall 

7 contain— 

8 ‘‘(i) a description of the recommenda9 tion; 

10 ‘‘(ii) a description of the procedures 

11 planned for adopting the recommendation 

12 or part of the recommendation; 

13 ‘‘(iii) the proposed date for completing 

14 the procedures; and 

15 ‘‘(iv) if the Secretary has not met a 

16 deadline contained in a proposed timeline 

17 developed in connection with the rec18 ommendation under subsection (b), an ex19 planation for not meeting the deadline. 

20 ‘‘(B) REFUSALS TO ADOPT RECOMMENDA21 TIONS.—For each recommendation of the Board 

22 described in paragraph (2)(B), the report shall 

23 contain— 

24 ‘‘(i) a description of the recommenda25 tion; and 
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1 ‘‘(ii) a description of the reasons for 

2 the refusal to carry out all or part of the 

3 procedures to adopt the recommendation.’’. 

4 SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY AS5 SURANCE, AVIATION SAFETY ACTION, AND 

6 LINE OPERATIONAL SAFETY AUDIT PRO7 GRAMS. 

8 (a) LIMITATION ON DISCLOSURE AND USE OF INFOR9 MATION.— 

10 (1) IN GENERAL.—Except as provided by this 

11 section, a party in a judicial proceeding may not use 

12 discovery to obtain— 

13 (A) an Aviation Safety Action Program re14 port; 

15 (B) Flight Operational Quality Assurance 

16 Program data; or 

17 (C) a Line Operations Safety Audit Pro18 gram report. 

19 (2) FOIA NOT APPLICABLE.—Section 522 of title 

20 5, United States Code, shall not apply to reports or 

21 data described in paragraph (1). 

22 (3) EXCEPTIONS.—Nothing in paragraph (1) or 

23 (2) prohibits the FAA from disclosing information 

24 contained in reports or data described in paragraph 

25 (1) if withholding the information would not be con-
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1 sistent with the FAA’s safety responsibilities, includ2 ing— 

3 (A) a summary of information, with identi4 fying information redacted, to explain the need 

5 for changes in policies or regulations; 

6 (B) information provided to correct a con7 dition that compromises safety, if that condition 

8 continues uncorrected; or 

9 (C) information provided to carry out a 

10 criminal investigation or prosecution. 

11 (b) PERMISSIBLE DISCOVERY FOR SUCH REPORTS

12 AND DATA.—Except as provided in subsection (c), a court 

13 may allow discovery by a party of an Aviation Safety Ac14 tion Program report, Flight Operational Quality Assurance 

15 Program data, or a Line Operations Safety Audit Program 

16 report if, after an in camera review of the information, the 

17 court determines that a party to a claim or defense in the 

18 proceeding shows a particularized need for the report or 

19 data that outweighs the need for confidentiality of the report 

20 or data, considering the confidential nature of the report 

21 or data, and upon a showing that the report or data is 

22 both relevant to the preparation of a claim or defense and 

23 not otherwise known or available. 

24 (c) PROTECTIVE ORDER.—When a court allows dis25 covery, in a judicial proceeding, of an Aviation Safety Ac-
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1 tion Program report, Flight Operational Quality Assurance 

2 Program data, or a Line Operations Safety Audit Program 

3 report, the court shall issue a protective order— 

4 (1) to limit the use of the information contained 

5 in the report or data to the judicial proceeding; 

6 (2) to prohibit dissemination of the report or 

7 data to any person that does not need access to the 

8 report for the proceeding; and 

9 (3) to limit the use of the report or data in the 

10 proceeding to the uses permitted for privileged self11 analysis information as defined under the Federal 

12 Rules of Evidence. 

13 (d) SEALED INFORMATION.—A court may allow an 

14 Aviation Safety Action Program report, Flight Operational 

15 Quality Assurance Program data, or a Line Operations 

16 Safety Audit Program report to be admitted into evidence 

17 in a judicial proceeding only if the court places the report 

18 or data under seal to prevent the use of the report or data 

19 for purposes other than for the proceeding. 

20 (e) SAFETY RECOMMENDATIONS.—This section does 

21 not prevent the National Transportation Safety Board from 

22 referring at any time to information contained in an Avia23 tion Safety Action Program report, Flight Operational 

24 Quality Assurance Program data, or a Line Operations 
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1 Safety Audit Program report in making safety rec2 ommendations. 

3 (f) WAIVER.—Any waiver of the privilege for self-anal4 ysis information by a protected party, unless occasioned by 

5 the party’s own use of the information in presenting a 

6 claim or defense, must be in writing. 

7 SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, 

8 TESTING, AND CERTIFICATION REQUIRE9 MENTS. 

10 (a) TRAINING AND TESTING.—The Administrator shall 

11 develop and implement a plan for reevaluation of flight 

12 crew training regulations in effect on the date of enactment 

13 of this Act, including regulations for— 

14 (1) classroom instruction requirements governing 

15 curriculum content and hours of instruction; 

16 (2) crew leadership training; and 

17 (3) initial and recurrent testing requirements for 

18 pilots, including the rigor and consistency of testing 

19 programs such as check rides. 

20 (b) BEST PRACTICES.—The plan shall incorporate best 

21 practices in the aviation industry with respect to training 

22 protocols, methods, and procedures. 

23 (c) CERTIFICATION.—The Administrator shall initiate 

24 a rulemaking to re-evaluate FAA regulations governing the 

25 minimum requirements— 
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1 (1) to become a commercial pilot; 

2 (2) to receive an Air Transport Pilot Certificate 

3 to become a captain; and 

4 (3) to transition to a new type of aircraft. 

5 (d) REMEDIAL TRAINING PROGRAMS.— 

6 (1) IN GENERAL.—The Administrator shall ini7 tiate a rulemaking to require part 121 air carriers to 

8 establish remedial training programs for flightcrew 

9 members who have demonstrated performance defi10 ciencies or experienced failures in the training envi11 ronment. 

12 (2) DEADLINES.—The Administrator shall— 

13 (A) not later than 180 days after the date 

14 of enactment of this Act, issue a notice of pro15 posed rulemaking under paragraph (1); and 

16 (B) not later than 24 months after the date 

17 of enactment of this Act, issue a final rule for the 

18 rulemaking. 

19 (e) STICK PUSHER TRAINING AND WEATHER EVENT

20 TRAINING.— 

21 (1) MULTIDISCIPLINARY PANEL.—Not later than 

22 120 days after the date of enactment of this Act, the 

23 Administrator shall convene a multidisciplinary 

24 panel of specialists in aircraft operations, flightcrew 

25 member training, human factors, and aviation safety 
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1 to study and submit to the Administrator a report on 

2 methods to increase the familiarity of flightcrew mem3 bers with, and improve the response of flightcrew 

4 members to, stick pusher systems, icing conditions, 

5 and microburst and windshear weather events. 

6 (2) REPORT TO CONGRESS.—Not later than one 

7 year after the date on which the Administrator con8 venes the panel, the Administrator shall— 

9 (A) submit a report to the Committee on 

10 Transportation and Infrastructure of the House 

11 of Representatives and the Committee on Com12 merce, Science, and Transportation based on the 

13 findings of the panel; and 

14 (B) with respect to stick pusher systems, 

15 initiate appropriate actions to implement the 

16 recommendations of the panel. 

17 SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFES18 SIONAL DEVELOPMENT, AND LEADERSHIP. 

19 (a) AVIATION RULEMAKING COMMITTEE.— 

20 (1) IN GENERAL.—The Administrator of the Fed21 eral Aviation Administration shall conduct an avia22 tion rulemaking committee proceeding with stake23 holders to develop procedures for each part 121 air 

24 carrier to take the following actions: 
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1 (A) Establish flightcrew member mentoring 

2 programs under which the air carrier will pair 

3 highly experienced flightcrew members who will 

4 serve as mentor pilots and be paired with newly 

5 employed flightcrew members. Mentor pilots 

6 should be provided, at a minimum, specific in7 struction on techniques for instilling and rein8 forcing the highest standards of technical per9 formance, airmanship, and professionalism in 

10 newly employed flightcrew members. 

11 (B) Establish flightcrew member profes12 sional development committees made up of air 

13 carrier management and labor union or profes14 sional association representatives to develop, ad15 minister, and oversee formal mentoring pro16 grams of the carrier to assist flightcrew members 

17 to reach their maximum potential as safe, sea18 soned, and proficient flightcrew members. 

19 (C) Establish or modify training programs 

20 to accommodate substantially different levels and 

21 types of flight experience by newly employed 

22 flightcrew members. 

23 (D) Establish or modify training programs 

24 for second-in-command flightcrew members at25 tempting to qualify as pilot-in-command 
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1 flightcrew members for the first time in a spe2 cific aircraft type and ensure that such pro3 grams include leadership and command train4 ing. 

5 (E) Ensure that recurrent training for pi6 lots in command includes leadership and com7 mand training. 

8 (F) Such other actions as the aviation rule9 making committee determines appropriate to en10 hance flightcrew member professional develop11 ment. 

12 (2) COMPLIANCE WITH STERILE COCKPIT

13 RULE.—Leadership and command training described 

14 in paragraphs (1)(D) and (1)(E) shall include in15 struction on compliance with flightcrew member du16 ties under part 121.542 of title 14, Code of Federal 

17 Regulations. 

18 (3) STREAMLINED PROGRAM REVIEW.— 

19 (A) IN GENERAL.—As part of the rule20 making required by subsection (a), the Adminis21 trator shall establish a streamlined process for 

22 part 121 air carriers that have in effect, as of 

23 the date of enactment of this Act, the programs 

24 required by paragraph (1). 
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1 (B) EXPEDITED APPROVALS.—Under the 

2 streamlined process, the Administrator shall— 

3 (i) review the programs of such part 

4 121 air carriers to determine whether the 

5 programs meet the requirements set forth in 

6 the final rule referred to in subsection 

7 (b)(2); and 

8 (ii) expedite the approval of the pro9 grams that the Administrator determines 

10 meet such requirements. 

11 (b) DEADLINES.—The Administrator shall issue— 

12 (1) not later than 180 days after the date of en13 actment of this Act, a notice of proposed rulemaking 

14 under subsection (a); and 

15 (2) not later than 24 months after such date of 

16 enactment, a final rule under subsection (a). 

17 SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALI18 FICATIONS. 

19 (a) REQUIREMENTS.—The Administrator of the Fed20 eral Aviation Administration shall conduct a rulemaking 

21 proceeding to require part 121 air carriers to develop and 

22 implement means and methods for ensuring that flightcrew 

23 members have proper qualifications and experience. 

24 (b) MINIMUM EXPERIENCE REQUIREMENT.— 
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1 (1) IN GENERAL.—The final rule prescribed 

2 under subsection (a) shall, among any other require3 ments established by the rule, require that a pilot— 

4 (A) have not less than 800 hours of flight 

5 time before serving as a flightcrew member for a 

6 part 121 air carrier; and 

7 (B) demonstrate the ability to— 

8 (i) function effectively in a multipilot 

9 environment; 

10 (ii) function effectively in an air car11 rier operational environment; 

12 (iii) function effectively in adverse 

13 weather conditions, including icing condi14 tions if the pilot is expected to be operating 

15 aircraft in icing conditions; 

16 (iv) function effectively during high al17 titude operations; and 

18 (v) adhere to the highest professional 

19 standards. 

20 (2) HOURS OF FLIGHT EXPERIENCE IN DIF21 FICULT OPERATIONAL CONDITIONS.—The total num22 ber of hours of flight experience required by the Ad23 ministrator under paragraph (1) for pilots shall in24 clude a number of hours of flight experience in dif25 ficult operational conditions that may be encountered 
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1 by an air carrier that the Administrator determines 

2 to be sufficient to enable a pilot to operate an aircraft 

3 safely in such conditions. 

4 (c) DEADLINES.—The Administrator shall issue— 

5 (1) not later than 180 days after the date of en6 actment of this Act, a notice of proposed rulemaking 

7 under subsection (a); and 

8 (2) not later than December 31, 2011, a final 

9 rule under subsection (a). 

10 (d) DEFAULT REQUIREMENTS.—If the Administrator 

11 fails to meet the deadline established by subsection (c))(2), 

12 then all flightcrew members for part 121 air carriers shall 

13 meet the requirements established by subpart G of part 61 

14 of the Federal Aviation Administration’s regulations (14 

15 C.F.R. 61.151 et seq.). 

16 (e) DEFINITIONS.—In this section: 

17 (1) FLIGHTCREW MEMBER.—The term 

18 ‘‘flightcrew member’’ has the meaning given that term 

19 in section 1.1 of the Federal Aviation Administra20 tion’s regulations (14 C.F.R. 1.1)). 

21 (2) PART 121 AIR CARRIER.—The term ‘‘part 

22 121 air carrier’’ has the meaning given that term by 

23 section 41720(d)(1) of title 49, United States Code. 
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1 SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DE2 VICES ON FLIGHT DECK. 

3 (a) IN GENERAL.—Chapter 447, as amended by sec4 tion 521 of this Act, is further amended by adding at the 

5 end thereof the following: 

6 ‘‘§ 44731. Use of certain devices on flight deck 

7 ‘‘(a) IN GENERAL.—It is unlawful for any member of 

8 the flight crew of an aircraft used to provide air transpor9 tation under part 121 of title 14, Code of Federal Regula10 tions, to use a personal wireless communications device or 

11 laptop computer while at the crew member’s duty station 

12 on the flight deck of such an aircraft while the aircraft is 

13 being operated. 

14 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

15 the use of a personal wireless communications device or 

16 laptop computer for a purpose directly related to operation 

17 of the aircraft, or for emergency, safety-related, or employ18 ment-related communications, in accordance with proce19 dures established by the air carrier or the Federal Aviation 

20 Administration. 

21 ‘‘(c) ENFORCEMENT.—In addition to the penalties pro22 vided under section 46301 of this title applicable to any 

23 violation of this section, the Administrator of the Federal 

24 Aviation Administration may enforce compliance with this 

25 section under section 44709. 
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1 ‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DEVICE

2 DEFINED.—The term ‘personal wireless communications 

3 device’ means a device through which personal wireless serv4 ices (as defined in section 332(c)(7)(C)(i) of the Commu5 nications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 

6 transmitted.’’. 

7 (b) PENALTY.—Section 44711(a) is amended— 

8 (1) by striking ‘‘or’’ after the semicolon in para9 graph (8); 

10 (2) by striking ‘‘title.’’ in paragraph (9) and in11 serting ‘‘title; or’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(10) violate section 44730 of this title or any 

14 regulation issued thereunder.’’. 

15 (c) CONFORMING AMENDMENT.—The table of contents 

16 for chapter 447 is amended by adding at the end thereof 

17 the following: 

‘‘44731. Use of certain devices on flight deck’’. 

18 (d) REGULATIONS.—Within 30 days after the date of 

19 enactment of this Act, the Secretary of Transportation shall 

20 initiate a rulemaking procedure for regulations under sec21 tion 44730 of title 49, United States Code, and shall issue 

22 a final rule thereunder within 1 year after the date of enact23 ment of this Act. 

24 (e) STUDY.— 
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1 (1) IN GENERAL.—The Administrator of the Fed2 eral Aviation Administration shall review relevant 

3 air carrier data and carry out a study— 

4 (A) to identify common sources of distrac5 tion for the cockpit flight crew on commercial 

6 aircraft; and 

7 (B) to determine the safety impacts of such 

8 distractions. 

9 (2) REPORT.—Not later than 6 months after the 

10 date of the enactment of this Act, the Administrator 

11 shall submit a report to the Committee on Commerce, 

12 Science, and Transportation of the Senate and the 

13 Committee on Transportation and Infrastructure of 

14 the House of Representatives that contains— 

15 (A) the findings of the study conducted 

16 under paragraph (1); and 

17 (B) recommendations about ways to reduce 

18 distractions for cockpit flight crews. 

19 SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CAR20 RIERS. 

21 The Administrator shall, not less frequently than once 

22 each year, perform random, unannounced, on-site inspec23 tions of air carriers that provide air transportation pursu24 ant to a contract with a part 121 air carrier to ensure 
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1 that such air carriers are complying with all applicable 

2 safety standards of the Administration. 

3 SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH 

4 RESPECT TO THE TRAINING, HIRING, AND OP5 ERATION OF AIRCRAFT BY PILOTS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of enactment of this Act, the Administrator shall issue 

8 a final rule with respect to the Notice of Proposed Rule9 making published in the Federal Register on January 12, 

10 2009 (74 Fed. Reg. 1280), relating to training programs 

11 for flight crew members and aircraft dispatchers. 

12 (b) EXPERT PANEL TO REVIEW PART 121 AND PART

13 135 TRAINING HOURS.— 

14 (1) ESTABLISHMENT.—Not later than 60 days 

15 after the date of enactment of this Act, the Adminis16 trator shall convene a multidisciplinary expert panel 

17 comprised of, at a minimum, air carrier representa18 tives, training facility representatives, instructional 

19 design experts, aircraft manufacturers, safety organi20 zation representatives, and labor union representa21 tives. 

22 (2) ASSESSMENT AND RECOMMENDATIONS.—The 

23 panel shall assess and make recommendations con24 cerning— 
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1 (A) the best methods and optimal time need2 ed for flightcrew members of part 121 air car3 riers and flightcrew members of part 135 air 

4 carriers to master aircraft systems, maneuvers, 

5 procedures, take offs and landings, and crew co6 ordination; 

7 (B) the optimal length of time between 

8 training events for such crewmembers, including 

9 recurrent training events; 

10 (C) the best methods to reliably evaluate 

11 mastery by such crewmembers of aircraft sys12 tems, maneuvers, procedures, take offs and land13 ings, and crew coordination; and 

14 (D) the best methods to allow specific aca15 demic training courses to be credited pursuant to 

16 section 11(d) toward the total flight hours re17 quired to receive an airline transport pilot cer18 tificate. 

19 (3) REPORT.—Not later than one year after the 

20 date of enactment of this Act, the Administrator shall 

21 submit a report to the House of Representatives Com22 mittee on Transportation and Infrastructure and the 

23 Senate Committee on Commerce, Science, and Trans24 portation based on the findings of the panel. 
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1 SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of the enactment of this Act, the Administrator shall submit 

4 to Congress a plan for overseeing pilot schools certified 

5 under part 141 of title 14, Code of Federal Regulations, 

6 that includes— 

7 (1) ensuring that the curriculum and course out8 line requirements for such schools under subpart C of 

9 such part are being met; and 

10 (2) conducting on-site inspections of each such 

11 school not less frequently than once every 2 years. 

12 (b) GAO STUDY.—The Comptroller General shall con13 duct a comprehensive study of flight schools, flight edu14 cation, and academic training requirements for certifi15 cation of an individual as a pilot. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of enactment of this Act, the Comptroller General shall sub18 mit a report to the House of Representatives Committee on 

19 Transportation and Infrastructure and the Senate Com20 mittee on Commerce, Science, and Transportation on the 

21 results of the study. 

22 SEC. 562. ENHANCED TRAINING FOR FLIGHT ATTENDANTS 

23 AND GATE AGENTS. 

24 (a) IN GENERAL.—Chapter 447, as amended by sec25 tion 558 of this Act, is further amended by adding at the 

26 end the following: 
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1 ‘‘§ 44732. Training of flight attendants and gate 

2 agents 

3 ‘‘(a) TRAINING REQUIRED.—In addition to other 

4 training required under this chapter, each air carrier shall 

5 provide initial and annual recurring training for flight at6 tendants and gate agents employed or contracted by such 

7 air carrier regarding— 

8 ‘‘(1) serving alcohol to passengers; 

9 ‘‘(2) recognizing intoxicated passengers; and 

10 ‘‘(3) dealing with disruptive passengers. 

11 ‘‘(b) SITUATIONAL TRAINING.—In carrying out the 

12 training required under subsection (a), each air carrier 

13 shall provide situational training to flight attendants and 

14 gate agents on the proper method for dealing with intoxi15 cated passengers who act in a belligerent manner. 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) AIR CARRIER.—The term ‘air carrier’ 

18 means a person or commercial enterprise that has 

19 been issued an air carrier operating certificate under 

20 section 44705. 

21 ‘‘(2) FLIGHT ATTENDANT.—The term ‘flight at22 tendant’ has the meaning given the term in section 

23 44728(f). 

24 ‘‘(3) GATE AGENT.—The term ‘gate agent’ means 

25 an individual working at an airport whose respon-
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1 sibilities include facilitating passenger access to com2 mercial aircraft. 

3 ‘‘(4) PASSENGER.—The term ‘passenger’ means 

4 an individual traveling on a commercial aircraft, 

5 from the time at which the individual arrives at the 

6 airport from which such aircraft departs until the 

7 time the individual leaves the airport to which such 

8 aircraft arrives.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents for 

10 chapter 447 is amended by adding at the end the following: 

‘‘44732. Training of flight attendants and gate agents’’. 

11 (c) RULEMAKING.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of Transpor13 tation shall issue regulations to carry out section 44730 of 

14 title 49, United States Code, as added by subsection (a). 

15 SEC. 563. DEFINITIONS. 

16 In this subtitle: 

17 (1) AVIATION SAFETY ACTION PROGRAM.—The 

18 term ‘‘Aviation Safety Action Program’’ means the 

19 program described under Federal Aviation Adminis20 tration Advisory Circular No. 120–66B that permits 

21 employees of participating air carriers and repair 

22 station certificate holders to identify and report safety 

23 issues to management and to the Administration for 

24 resolution. 
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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator. 

3 (3) AIR CARRIER.—The term ‘‘air carrier’’ has 

4 the meaning given that term by section 40102(2) of 

5 title 49, United States Code. 

6 (4) FAA.—The term ‘‘FAA’’ means the Federal 

7 Aviation Administration. 

8 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

9 PROGRAM.—The term ‘‘Flight Operational Quality 

10 Assurance Program’’ means the voluntary safety pro11 gram authorized under section 13.401 of title 14, 

12 Code of Federal Regulations, that permits commercial 

13 air carriers and pilots to share confidential aggregate 

14 information with the Administration to permit the 

15 Administration to target resources to address oper16 ational risk issues. 

17 (6) LINE OPERATIONS SAFETY AUDIT PRO18 GRAM.—The term ‘‘Line Operations Safety Audit 

19 Program’’ has the meaning given that term by Fed20 eral Aviation Administration Advisory Circular 

21 Number 120–90. 

22 (7) PART 121 AIR CARRIER.—The term ‘‘part 

23 121 air carrier’’ has the meaning given that term by 

24 section 41719(d)(1) of title 49, United States Code. 
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1 SEC. 564. STUDY OF AIR QUALITY IN AIRCRAFT CABINS. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of the enactment of this Act, the Administrator of the Fed4 eral Aviation Administration shall initiate a study of air 

5 quality in aircraft cabins to— 

6 (1) assess bleed air quality on the full range of 

7 commercial aircraft operating in the United States; 

8 (2) identify oil-based contaminants, hydraulic 

9 fluid toxins, and other air toxins that appear in 

10 cabin air and measure the quantity and prevalence, 

11 or absence of those toxins through a comprehensive 

12 sampling program; 

13 (3) determine the specific amount and duration 

14 of toxic fumes present in aircraft cabins that con15 stitutes a health risk to passengers; 

16 (4) develop a systematic reporting standard for 

17 smoke and fume events in aircraft cabins; 

18 (5) identify the potential health risks to individ19 uals exposed to toxic fumes during flight; and 

20 (6) determine the extent to which the installation 

21 of sensors and air filters on commercial aircraft 

22 would provide a public health benefit. 

23 (b) AUTHORITY TO MONITOR AIR IN AIRCRAFT CAB24 INS.—For purposes of conducting the study required by sub25 section (a), the Administrator of the Federal Aviation Ad26 ministration shall require domestic air carriers to allow air 
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1 quality monitoring on their aircraft in a manner that im2 poses no significant costs on the air carrier and does not 

3 interfere with the normal operation of the aircraft. 

4 TITLE VI—AVIATION RESEARCH 

5 SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

6 (a) IN GENERAL.—Section 44511(f) is amended— 

7 (1) by striking ‘‘establish a 4-year pilot’’ in 

8 paragraph (1) and inserting ‘‘maintain an’’; and 

9 (2) by inserting ‘‘pilot’’ in paragraph (4) before 

10 ‘‘program’’ the first time it appears; and 

11 (3) by striking ‘‘program, including rec12 ommendations as to the need for establishing a per13 manent airport cooperative research program.’’ in 

14 paragraph (4) and inserting ‘‘program.’’. 

15 (b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

16 Not more than $15,000,000 per year for fiscal years 2010 

17 and 2011 may be appropriated to the Secretary of Trans18 portation from the amounts made available each year under 

19 subsection (a) for the Airport Cooperative Research Pro20 gram under section 44511 of this title, of which not less 

21 than $5,000,000 per year shall be for research activities re22 lated to the airport environment, including reduction of 

23 community exposure to civil aircraft noise, reduction of 

24 civil aviation emissions, or addressing water quality issues. 
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1 SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 

2 CONSUMPTION FROM CIVILIAN AIRCRAFT. 

3 (a) ESTABLISHMENT OF RESEARCH PROGRAM.—From 

4 amounts made available under section 48102(a) of title 49, 

5 United States Code, the Administrator of the Federal Avia6 tion Administration shall establish a research program re7 lated to reducing civilian aircraft energy use, emissions, 

8 and source noise with equivalent safety through grants or 

9 other measures, which may include cost-sharing, authorized 

10 under section 106(l)(6) of such title, including reimbursable 

11 agreements with other Federal agencies. 

12 (b) ESTABLISHMENT OF CONSORTIUM.— 

13 (1) DESIGNATION AS CONSORTIUM.—Not later 

14 than 180 days after the date of the enactment of this 

15 Act, the Administrator shall designate, using a com16 petitive process, one or more institutions or entities 

17 described in paragraph (2) as a Consortium for Con18 tinuous Low Energy, Emissions, and Noise (CLEEN) 

19 to perform research in accordance with this section. 

20 (2) PARTICIPATION.—The Administrator shall 

21 include educational and research institutions or pri22 vate sector entities that have existing facilities and 

23 experience for developing and testing noise, emissions 

24 and energy reduction engine and aircraft technology, 

25 and developing alternative fuels in the research pro26 gram required by subsection (a). 
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1 (3) COORDINATION MECHANISMS.—In conducting 

2 the research program, the Consortium designated 

3 under paragraph (1) shall— 

4 (A) coordinate its activities with the De5 partment of Agriculture, the Department of En6 ergy, the National Aeronautics and space Ad7 ministration, and other relevant Federal agen8 cies; and 

9 (B) consult on a regular basis with the 

10 Commercial Aviation Alternative Fuels Initia11 tive. 

12 (c) PERFORMANCE OBJECTIVES.—Not later than Jan13 uary 1, 2016, the research program shall accomplish the 

14 following objectives: 

15 (1) Certifiable aircraft technology that reduces 

16 fuel burn 33 percent compared to current technology, 

17 reducing energy consumption and carbon dioxide 

18 emissions. 

19 (2) Certifiable engine technology that reduces 

20 landing and takeoff cycle nitrogen oxide emissions by 

21 60 percent, at a pressure ratio of 30 over the Inter22 national Civil Aviation Organization standard 

23 adopted at the 6th Meeting of the Committee on Avia24 tion Environmental Protection, with commensurate 

25 reductions over the full pressure ratio range, while 
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1 limiting or reducing other gaseous or particle emis2 sions. 

3 (3) Certifiable aircraft technology that reduces 

4 noise levels by 32 Effective Perceived Noise in decibels 

5 (EPNdb) cumulative, relative to Stage 4 standards. 

6 (4) Advance qualification and environmental as7 surance of alternative aviation fuels to support a goal 

8 of having 20 percent of the jet fuel available for pur9 chase by United States commercial airlines and cargo 

10 carriers be alternative fuels. 

11 (5) Determination of the extent to which new en12 gine and aircraft technologies may be used to retrofit 

13 or re-engine aircraft so as to increase the level of pen14 etration into the commercial fleet. 

15 SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECH16 NOLOGY FOR CIVILIAN AIRCRAFT. 

17 (a) IN GENERAL.—From amounts made available 

18 under section 48102(a) of title 49, United States Code, the 

19 Secretary of Transportation shall establish a research pro20 gram related to developing jet fuel from natural gas, bio21 mass and other renewable sources through grants or other 

22 measures authorized under section 106(l)(6) of such title, 

23 including reimbursable agreements with other Federal agen24 cies. 
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1 (b) PARTICIPATION IN PROGRAM.—The Secretary 

2 shall— 

3 (1) include educational and research institutions 

4 that have existing facilities and experience in the re5 search, small-scale development, testing, or evaluation 

6 of technologies related to the creation, processing, and 

7 production of a variety of feedstocks into aviation fuel 

8 under the program required by subsection (a); and 

9 (2) consider utilizing the existing capacity in 

10 Aeronautics research at Langley Research Center of 

11 the National Aeronautics and Space Administration 

12 to carry out the program required by subsection (a). 

13 (c) DESIGNATION OF INSTITUTION AS A CENTER OF

14 EXCELLENCE.—Not later than 180 days after the date of 

15 the enactment of this Act, the Administrator of the Federal 

16 Aviation Administration shall designate an institution de17 scribed in subsection (b) as a Center of Excellence for Alter18 native Jet-Fuel Research in Civil Aircraft. The Center of 

19 Excellence shall be a member of the CLEEN Consortium 

20 established under section 602(b), and shall be part of a 

21 Joint Center of Excellence with the Partnership for Air 

22 Transportation Noise and Emission Reduction FAA Center 

23 of Excellence. 
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1 SEC. 604. PRODUCTION OF CLEAN COAL FUEL TECH2 NOLOGY FOR CIVILIAN AIRCRAFT. 

3 (a) ESTABLISHMENT OF RESEARCH PROGRAM.—From 

4 amounts made available under section 48102(a) of title 49, 

5 United States Code, the Secretary of Transportation shall 

6 establish a research program related to developing jet fuel 

7 from clean coal through grants or other measures authorized 

8 under section 106(l)(6) of such title, including reimbursable 

9 agreements with other Federal agencies. The program shall 

10 include participation by educational and research institu11 tions that have existing facilities and experience in the de12 velopment and deployment of technology that processes coal 

13 to aviation fuel. 

14 (b) DESIGNATION OF INSTITUTION AS A CENTER OF

15 EXCELLENCE.—Within 6 months after the date of enact16 ment of this Act, the Administrator of the Federal Aviation 

17 Administration shall designate an institution described in 

18 subsection (a) as a Center of Excellence for Coal-to-Jet-Fuel 

19 Research. 

20 SEC. 605. ADVISORY COMMITTEE ON FUTURE OF AERO21 NAUTICS. 

22 (a) ESTABLISHMENT.—There is established an advi23 sory committee to be know as the ‘‘Advisory Committee on 

24 the Future of Aeronautics’’. 

25 (b) MEMBERSHIP.—The Advisory Committee shall 

26 consist of 7 members appointed by the President from a 
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1 list of 15 candidates proposed by the Director of the Na2 tional Academy of Sciences. 

3 (c) CHAIRPERSON.—The Advisory Committee members 

4 shall elect 1 member to serve as chairperson of the Advisory 

5 Committee. 

6 (d) FUNCTIONS.—The Advisory Committee shall exam7 ine the best governmental and organizational structures for 

8 the conduct of civil aeronautics research and development, 

9 including options and recommendations for consolidating 

10 such research to ensure continued United States leadership 

11 in civil aeronautics. The Committee shall consider transfer12 ring responsibility for civil aeronautics research and devel13 opment from the National Aeronautics and Space Adminis14 tration to other existing departments or agencies of the Fed15 eral Government or to a non-governmental organization 

16 such as academic consortia or not-for-profit organizations. 

17 In developing its recommendations, the Advisory Committee 

18 shall consider, as appropriate, the aeronautics research 

19 policies developed pursuant to section 101(d) of Public Law 

20 109–155 and the requirements and priorities for aero21 nautics research established by title IV of Public Law 109– 

22 155. 

23 (e) REPORT.—Not later than 12 months after the date 

24 on which the full membership of the Advisory Committee 

25 is appointed, the Advisory Committee shall submit a report 
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1 to the Senate Committee on Commerce, Science, and Trans2 portation and the House Committees on Science and Tech3 nology and on Transportation and Infrastructure on its 

4 findings and recommendations. The report may recommend 

5 a rank ordered list of acceptable solutions. 

6 (f) TERMINATION.—The Advisory Committee shall ter7 minate 60 days after the date on which it submits the report 

8 to the Congress. 

9 SEC. 606. RESEARCH PROGRAM TO IMPROVE AIRFIELD 

10 PAVEMENTS. 

11 (a) CONTINUATION OF PROGRAM.—The Administrator 

12 of the Federal Aviation Administration shall continue the 

13 program to consider awards to nonprofit concrete and as14 phalt pavement research foundations to improve the design, 

15 construction, rehabilitation, and repair of airfield pave16 ments to aid in the development of safer, more cost effective, 

17 and more durable airfield pavements. 

18 (b) USE OF GRANTS OR COOPERATIVE AGREE19 MENTS.—The Administrator may use grants or cooperative 

20 agreements in carrying out this section. 

21 SEC. 607. WAKE TURBULENCE, VOLCANIC ASH, AND WEATH22 ER RESEARCH. 

23 Within 60 days after the date of enactment of this Act, 

24 the Administrator of the Federal Aviation Administration 

25 shall— 
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1 (1) initiate evaluation of proposals that would 

2 increase capacity throughout the air transportation 

3 system by reducing existing spacing requirements be4 tween aircraft of all sizes, including research on the 

5 nature of wake vortices; 

6 (2) begin implementation of a system to improve 

7 volcanic ash avoidance options for aircraft, including 

8 the development of a volcanic ash warning and notifi9 cation system for aviation; and 

10 (3) establish research projects on— 

11 (A) ground de-icing/anti-icing, ice pellets, 

12 and freezing drizzle; 

13 (B) oceanic weather, including convective 

14 weather; 

15 (C) en route turbulence prediction and de16 tection; and 

17 (D) all hazards during oceanic operations, 

18 where commercial traffic is high and only rudi19 mentary satellite sensing is available, to reduce 

20 the hazards presented to commercial aviation. 

21 SEC. 608. INCORPORATION OF UNMANNED AIRCRAFT SYS22 TEMS INTO FAA PLANS AND POLICIES. 

23 (a) RESEARCH.— 

24 (1) EQUIPMENT.—Section 44504, as amended by 

25 section 216 of this Act, is further amended— 
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1 (A) by inserting ‘‘unmanned and manned’’ 

2 in subsection (a) after ‘‘improve’’; 

3 (B) by striking ‘‘and’’ after the semicolon in 

4 subsection (b)(7); 

5 (C) by striking ‘‘emitted.’’ in subsection 

6 (b)(8) and inserting ‘‘emitted; and’’; and 

7 (D) by adding at the end of subsection (b) 

8 the following: 

9 ‘‘(9) in conjunction with other Federal agencies 

10 as appropriate, to develop technologies and methods to 

11 assess the risk of and prevent defects, failures, and 

12 malfunctions of products, parts, and processes, for use 

13 in all classes of unmanned aircraft systems that could 

14 result in a catastrophic failure.’’. 

15 (2) HUMAN FACTORS; SIMULATIONS.—Section 

16 44505(b) is amended— 

17 (A) by striking ‘‘and’’ after the semicolon in 

18 paragraph (4); 

19 (B) by striking ‘‘programs.’’ in paragraph 

20 (5)(C) and inserting ‘‘programs; and’’; and 

21 (C) by adding at the end thereof the fol22 lowing: 

23 ‘‘(6) to develop a better understanding of the re24 lationship between human factors and unmanned air25 craft systems air safety; and 
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1 ‘‘(7) to develop dynamic simulation models of in2 tegrating all classes of unmanned aircraft systems 

3 into the National Airspace System.’’. 

4 (b) NATIONAL ACADEMY OF SCIENCES ASSESSMENT.— 

5 (1) IN GENERAL.—Within 3 months after the 

6 date of enactment of this Act, the Administrator of the 

7 Federal Aviation Administration shall enter into an 

8 arrangement with the National Academy of Sciences 

9 for an assessment of unmanned aircraft systems that 

10 may include consideration of— 

11 (A) human factors regarding unmanned 

12 aircraft systems operation; 

13 (B) ‘‘detect, sense and avoid technologies’’ 

14 with respect to both cooperative and non-cooper15 ative aircraft; 

16 (C) spectrum issues and bandwidth require17 ments; 

18 (D) operation in suboptimal winds and ad19 verse weather conditions; 

20 (E) mechanisms such as the use of tran21 sponders for letting other entities know where the 

22 unmanned aircraft system is flying; 

23 (F) airworthiness and system redundancy; 

24 (G) flight termination systems for safety 

25 and security; 
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1 (H) privacy issues; 

2 (I) technologies for unmanned aircraft sys3 tems flight control; 

4 (J) technologies for unmanned aircraft sys5 tems propulsion; 

6 (K) unmanned aircraft systems operator 

7 qualifications, medical standards, and training 

8 requirements; 

9 (L) unmanned aircraft systems mainte10 nance requirements and training requirements; 

11 and 

12 (M) any other unmanned aircraft systems13 related issue the Administrator believes should be 

14 addressed. 

15 (2) REPORT.—Within 12 months after initiating 

16 the study, the National Academy shall submit its re17 port to the Administrator, the Senate Committee on 

18 Commerce, Science, and Transportation, and the 

19 House of Representatives Committee on Transpor20 tation and Infrastructure containing its findings and 

21 recommendations. 

22 (c) PILOT PROJECTS.— 

23 (1) IN GENERAL.—Not later than 6 months after 

24 the date of enactment of this Act, the Administrator 

25 of the Federal Aviation Administration shall establish 
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1 3 2-year cost-shared pilot projects in sparsely popu2 lated, low-density Class G air traffic airspace new 

3 test sites to conduct experiments and collect data in 

4 order to accelerate the safe integration of unmanned 

5 aircraft systems into the National Airspace System as 

6 follows: 

7 (A) 1 project shall address operational 

8 issues required for integration of Category 1 un9 manned aircraft systems defined as analogous to 

10 RC models covered in the FAA Advisory Cir11 cular AC 91–57. 

12 (B) 1 project shall address operational 

13 issues required for integration of Category 2 un14 manned aircraft systems defined as non-stand15 ard aircraft that perform special purpose oper16 ations. Operators must provide evidence of air17 worthiness and operator qualifications. 

18 (C) 1 project shall address operational 

19 issues required for integration of Category 3 un20 manned aircraft systems defined as capable of 

21 flying throughout all categories of airspace and 

22 conforming to part 91 of title 14, Code of Fed23 eral Regulations. 

24 (D) All 3 pilot projects shall be operational 

25 no later than 6 months after being established. 
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1 (2) USE OF CONSORTIA.—In conducting the pilot 

2 projects, the Administrator shall encourage the forma3 tion of participating consortia from the public and 

4 private sectors, educational institutions, and non5 profit organization. 

6 (3) REPORT.—Within 90 days after completing 

7 the pilot projects, the Administrator shall transmit a 

8 report to the Senate Committee on Commerce, 

9 Science, and Transportation and the House of Rep10 resentatives Committee on Transportation and Infra11 structure setting forth the Administrator’s findings 

12 and conclusions concerning the projects. 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Ad15 ministrator for fiscal years 2010 and 2011 such sums 

16 as may be necessary to conduct the pilot projects. 

17 (d) UNMANNED AIRCRAFT SYSTEMS ROADMAP.—With18 in 30 days after the date of enactment of this Act, the Ad19 ministrator of the Federal Aviation Administration shall 

20 approve and make available in print and on the Adminis21 tration’s website a 5-year ‘‘roadmap’’ for the introduction 

22 of unmanned aircraft systems into the National Airspace 

23 System being coordinated by its Unmanned Aircraft Pro24 gram Office. The Administrator shall update the ‘‘road25 map’’ annually. 
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1 (e) UPDATED POLICY STATEMENT.—Not later than 90 

2 days after the date of enactment of this Act, the Adminis3 trator shall issue a notice of proposed rulemaking to update 

4 the Administration’s most recent policy statement on un5 manned aircraft systems, Docket No. FAA–2006–25714. 

6 (f) EXPANDING THE USE OF UAS IN THE ARCTIC.— 

7 Within 6 months after the date of enactment of this Act, 

8 the Administrator, in consultation with the National Oce9 anic and Atmospheric Administration, the Coast Guard, 

10 and other Federal agencies as appropriate, shall identify 

11 permanent areas in the Arctic where small unmanned air12 craft may operate 24 hours per day from 2000 feet to the 

13 surface and beyond line-of-sight for research and commer14 cial purposes. Within 12 months after the date of enactment 

15 of this Act, the Administrator shall have established and 

16 implemented a single process for approving unmanned air17 craft use in the designated arctic regions regardless of 

18 whether the unmanned aircraft is used as a public aircraft, 

19 a civil aircraft, or as a model aircraft. 

20 (g) DEFINTIONS.—In this section: 

21 (1) ARCTIC.—The term ‘‘Arctic’’ means the 

22 United States zone of the Chukchi, Beaufort, and Ber23 ing Sea north of the Aleutian chain. 

24 (2) PERMANENT AREAS.—The term ‘‘permanent 

25 areas’’ means areas on land or water that provide for 
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1 terrestrial launch and recovery of small unmanned 

2 aircraft. 

3 SEC. 609. REAUTHORIZATION OF CENTER OF EXCELLENCE 

4 IN APPLIED RESEARCH AND TRAINING IN 

5 THE USE OF ADVANCED MATERIALS IN 

6 TRANSPORT AIRCRAFT. 

7 Section 708(b) of the Vision 100—Century of Aviation 

8 Reauthorization Act (49 U.S.C. 44504 note) is amended by 

9 striking ‘‘$500,000 for fiscal year 2004’’ and inserting 

10 ‘‘$1,000,000 for each of fiscal years 2008 through 2012’’. 

11 SEC. 610. PILOT PROGRAM FOR ZERO EMISSION AIRPORT 

12 VEHICLES. 

13 (a) IN GENERAL.—Subchapter I of chapter 471 is 

14 amended by inserting after section 47136 the following: 

15 ‘‘§ 47136A. Zero emission airport vehicles and infra16 structure 

17 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

18 shall establish a pilot program under which the sponsor of 

19 a public-use airport may use funds made available under 

20 section 47117 or section 48103 for use at such airports or 

21 passenger facility revenue (as defined in section 

22 40117(a)(6)) to carry out activities associated with the ac23 quisition and operation of zero emission vehicles (as defined 

24 in section 88.120–94 of title 40, Code of Federal Regula25 tions), including the construction or modification of infra-
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1 structure to facilitate the delivery of fuel and services nec2 essary for the use of such vehicles. Any use of funds author3 ized by the preceding sentence shall be considered to be an 

4 authorized use of funds under section 47117 or section 

5 48103, or an authorized use of passenger facility revenue 

6 (as defined in section 40117(a)(6)), as the case may be. 

7 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

8 AREAS.— 

9 ‘‘(1) IN GENERAL.—A public-use airport shall be 

10 eligible for participation in the pilot program only if 

11 the airport is located in an air quality nonattain12 ment area (as defined in section 171(2) of the Clean 

13 Air Act (42 U.S.C. 7501(2))). 

14 ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec15 retary receives an insufficient number of applications 

16 from public-use airports located in such areas, then 

17 the Secretary may consider applications from public18 use airports that are not located in such areas. 

19 ‘‘(c) SELECTION CRITERIA.—In selecting from among 

20 applicants for participation in the program, the Secretary 

21 shall give priority consideration to applicants that will 

22 achieve the greatest air quality benefits measured by the 

23 amount of emissions reduced per dollar of funds expended 

24 under the program. 
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1 ‘‘(d) FEDERAL SHARE.—Notwithstanding any other 

2 provision of this subchapter, the Federal share of the costs 

3 of a project carried out under the program shall be 50 per4 cent. 

5 ‘‘(e) TECHNICAL ASSISTANCE.— 

6 ‘‘(1) IN GENERAL.—The sponsor of a public-use 

7 airport carrying out activities funded under the pro8 gram may not use more than 10 percent of the 

9 amounts made available under the program in any 

10 fiscal year for technical assistance in carrying out 

11 such activities. 

12 ‘‘(2) ELIGIBLE CONSORTIUM.—To the maximum 

13 extent practicable, participants in the program shall 

14 use an eligible consortium (as defined in section 5506 

15 of this title) in the region of the airport to receive 

16 technical assistance described in paragraph (1). 

17 ‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.—The 

18 Secretary may develop and make available materials iden19 tifying best practices for carrying out activities funded 

20 under the program based on projects carried out under sec21 tion 47136 and other sources.’’. 

22 (b) REPORT ON EFFECTIVENESS OF PROGRAM.—Not 

23 later than 18 months after the date of enactment of the FAA 

24 Air Transportation Modernization and Safety Improve25 ment Act, the Secretary of Transportation shall transmit 
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1 a report to the Senate Committee on Commerce, Science, 

2 and Transportation the House of Representatives Com3 mittee on Transportation and Infrastructure containing— 

4 (1) an evaluation of the effectiveness of the pilot 

5 program; 

6 (2) an identification of all public-use airports 

7 that expressed an interest in participating in the pro8 gram; and 

9 (3) a description of the mechanisms used by the 

10 Secretary to ensure that the information and know11 how gained by participants in the program is trans12 ferred among the participants and to other interested 

13 parties, including other public-use airports. 

14 (c) CONFORMING AMENDMENT.—The table of contents 

15 for chapter 471 is amended by inserting after the item relat16 ing to section 47136 the following: 

‘‘47136A. Zero emission airport vehicles and infrastructure’’. 

17 SEC. 611. REDUCTION OF EMISSIONS FROM AIRPORT 

18 POWER SOURCES. 

19 (a) IN GENERAL.—Subchapter I of chapter 471 is 

20 amended by inserting after section 47140 the following: 

21 ‘‘§ 47140A. Reduction of emissions from airport power 

22 sources 

23 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

24 shall establish a program under which the sponsor of each 

25 airport eligible to receive grants under section 48103 is en-
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1 couraged to assess the airport’s energy requirements, includ2 ing heating and cooling, base load, back-up power, and 

3 power for on-road airport vehicles and ground support 

4 equipment, in order to identify opportunities to reduce 

5 harmful emissions and increase energy efficiency at the air6 port. 

7 ‘‘(b) GRANTS.—The Secretary may make grants under 

8 section 48103 to assist airport sponsors that have completed 

9 the assessment described in subsection (a) to acquire or con10 struct equipment, including hydrogen equipment and re11 lated infrastructure, that will reduce harmful emissions and 

12 increase energy efficiency at the airport. To be eligible for 

13 such a grant, the sponsor of such an airport shall submit 

14 an application to the Secretary, at such time, in such man15 ner, and containing such information as the Secretary may 

16 require.’’. 

17 (b) CONFORMING AMENDMENT.—The table of contents 

18 for chapter 471 is amended by inserting after the item relat19 ing to section 47140 the following: 

‘‘47140A. Reduction of emissions from airport power sources’’. 

20 SEC. 612. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL 

21 AIDES AND OTHER ASSETS. 

22 (a) SURVEY AND ASSESSMENT.— 

23 (1) IN GENERAL.—In order to address safety and 

24 operational concerns associated with the construction, 

25 alteration, establishment, or expansion of wind farms 
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1 in proximity to critical FAA facilities, the Adminis2 trator shall, within 60 days after the date of enact3 ment of this Act, complete a survey and assessment of 

4 leases for critical FAA facility sites, including— 

5 (A) an inventory of the leases that describes, 

6 for each such lease— 

7 (i) the periodic cost, location, site, 

8 terms, number of years remaining, and les9 sor; 

10 (ii) other Administration facilities that 

11 share the leasehold, including surveillance 

12 and communications equipment; and 

13 (iii) the type of transmission services 

14 supported, including the terms of service, 

15 cost, and support contract obligations for 

16 the services; and 

17 (B) a list of those leases for facilities located 

18 in or near areas suitable for the construction 

19 and operation of wind farms, as determined by 

20 the Administrator in consultation with the Sec21 retary of Energy. 

22 (2) REPORT.—Upon completion of the survey 

23 and assessment, the Administrator shall submit a re24 port to the Senate Committee on Commerce, Science, 

25 and Transportation, the House of Representatives 
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1 Committee on Transportation and Infrastructure, 

2 and the Comptroller General containing the Adminis3 trator’s findings, conclusions, and recommendations. 

4 (b) GAO ASSESSMENT.— 

5 (1) IN GENERAL.—Within 180 days after receiv6 ing the Administrator’s report under subsection 

7 (a)(2), the Comptroller General, in consultation with 

8 the Administrator, shall report on— 

9 (A) the current and potential impact of 

10 wind farms on the national airspace system; 

11 (B) the extent to which the Department of 

12 Defense and the Federal Aviation Administra13 tion have guidance, processes, and procedures in 

14 place to evaluate the impact of wind farms on 

15 the implementation of the Next Generation air 

16 traffic control system; and 

17 (C) potential mitigation strategies, if nec18 essary, to ensure that wind farms do not have an 

19 adverse impact on the implementation of the 

20 Next Generation air traffic control system, in21 cluding the installation of navigational aides as22 sociated with that system. 

23 (c) ISSUANCE OF GUIDELINES; PUBLIC INFORMA24 TION.— 
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1 (1) GUIDANCE.—Within 60 days after the Ad2 ministrator receives the Comptroller’s recommenda3 tions, the Administrator shall publish guidelines for 

4 the construction and operation of wind farms to be lo5 cated in proximity to critical Federal Aviation Ad6 ministration facilities. The guidelines may include— 

7 (A) the establishment of a zone system for 

8 wind farms based on proximity to critical FAA 

9 assets; 

10 (B) the establishment of turbine height and 

11 density limitations on such wind farms; 

12 (C) requirements for notice to the Adminis13 tration under section 44718(a) of title 49, 

14 United States Code, before the construction, al15 teration, establishment, or expansion of a such a 

16 wind farm; and 

17 (D) any other requirements or recommenda18 tions designed to address Administration safety 

19 or operational concerns related to the construc20 tion, alteration, establishment, or expansion of 

21 such wind farms. 

22 (2) PUBLIC ACCESS TO INFORMATION.—To the 

23 extent feasible, taking into consideration security, 

24 operational, and public safety concerns (as deter25 mined by the Administrator), the Administrator shall 
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1 provide public access to information regarding the 

2 planning, construction, and operation of wind farms 

3 in proximity to critical FAA facilities on, or by link4 age from, the homepage of the Federal Aviation Ad5 ministration’s public website. 

6 (d) CONSULTATION WITH OTHER FEDERAL AGEN7 CIES.—In carrying out this section, the Administrator and 

8 the Comptroller General shall consult, as appropriate, with 

9 the Secretaries of the Army, the Navy, the Air Force, Home10 land Security, and Energy— 

11 (1) to coordinate the requirements of each de12 partment for future air space needs; 

13 (2) to determine what the acceptable risks are to 

14 the existing infrastructure of each department; and 

15 (3) to define the different levels of risk for such 

16 infrastructure. 

17 (e) REPORTS.—The Administrator and the Comp18 troller General shall provide a copy of reports under sub19 sections (a) and (b), respectively, to the Senate Committee 

20 on Homeland Security and Governmental Affairs, the Sen21 ate Committee on Armed Services, the House of Representa22 tives Committee on Homeland Security, the House of Rep23 resentatives Committee on Armed Services, and the House 

24 of Representatives Committee on Science and Technology, 

25 as appropriate. 
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1 (f) DEFINITIONS.—In this section: 

2 (1) ADMINISTRATION.—The term ‘‘Administra3 tion’’ means the Federal Aviation Administration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Federal Avia6 tion Administration. 

7 (3) CRITICAL FAA FACILITIES.—The term ‘‘crit8 ical FAA facilities’’ means facilities on which are lo9 cated navigational aides, surveillance systems, or 

10 communications systems used by the Administration 

11 in administration of the national airspace system. 

12 (4) WIND FARM.—The term ‘‘wind farm’’ means 

13 an installation of 1 or more wind turbines used for 

14 the generation of electricity. 

15 SEC. 613. RESEARCH AND DEVELOPMENT FOR EQUIPMENT 

16 TO CLEAN AND MONITOR THE ENGINE AND 

17 APU BLEED AIR SUPPLIED ON PRESSURIZED 

18 AIRCRAFT. 

19 (a) IN GENERAL.—Not later than 60 days after the 

20 date of enactment of this Act, the Administrator of the Fed21 eral Aviation Administration shall, to the degree prac22 ticable, implement a research program for the identification 

23 or development of appropriate and effective air cleaning 

24 technology and sensor technology for the engine and auxil-
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1 iary power unit (APU) bleed air supplied to the passenger 

2 cabin and flight deck of all pressurized aircraft. 

3 (b) TECHNOLOGY REQUIREMENTS.—The technology re4 ferred to in subsection (a) should, at a minimum, have the 

5 capacity— 

6 (1) to remove oil-based contaminants from the 

7 bleed air supplied to the passenger cabin and flight 

8 deck; and 

9 (2) to detect and record oil-based contaminants 

10 in the portion of the total air supplied to the pas11 senger cabin and flight deck from bleed air. 

12 (c) REPORT.—Not later than 1 year after the date of 

13 enactment of this Act, the Administrator shall submit to 

14 the Committee on Commerce, Science, and Transportation 

15 of the Senate and the Committee on Transportation and 

16 Infrastructure of the House of Representatives a report on 

17 the results of the research and development work carried 

18 out under this section. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated such sums are as necessary 

21 to carry out this section. 
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1 TITLE VII—MISCELLANEOUS 

2 SEC. 701. GENERAL AUTHORITY. 

3 (a) THIRD PARTY LIABILITY.—Section 44303(b) is 

4 amended by striking ‘‘December 31, 2009,’’ and inserting 

5 ‘‘December 31, 2012,’’. 

6 (b) EXTENSION OF PROGRAM AUTHORITY.—Section 

7 44310 is amended by striking ‘‘December 31, 2013.’’ and 

8 inserting ‘‘October 1, 2017.’’. 

9 (c) WAR RISK.—Section 44302(f)(1) is amended— 

10 (1) by striking ‘‘September 30, 2009,’’ and in11 serting ‘‘September 30, 2011,’’; and 

12 (2) by striking ‘‘December 31, 2009,’’ and insert13 ing ‘‘December 31, 2011,’’. 

14 SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY. 

15 Within 6 months after the date of enactment of this 

16 Act, the Administrator of the Federal Aviation Administra17 tion shall develop a Human Intervention Management 

18 Study program for cabin crews employed by commercial 

19 air carriers in the United States. 

20 SEC. 703. AIRPORT PROGRAM MODIFICATIONS. 

21 The Administrator of the Federal Aviation Adminis22 tration— 

23 (1) shall establish a formal, structured certifi24 cation training program for the airport concessions 

25 disadvantaged business enterprise program; and 
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1 (2) may appoint 3 additional staff to implement 

2 the programs of the airport concessions disadvantaged 

3 business enterprise initiative. 

4 SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 

5 (a) MARSHALL ISLANDS, FEDERATED STATES OF MI6 CRONESIA, AND PALAU.—Section 47115(j) is amended by 

7 striking ‘‘2009,’’ and inserting ‘‘2011,’’. 

8 (b) MIDWAY ISLAND AIRPORT.—Section 186(d) of the 

9 Vision 100—Century of Aviation Reauthorization Act (117 

10 Stat. 2518) is amended by striking ‘‘2009,’’ and inserting 

11 ‘‘2011,’’. 

12 SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

13 Section 47107(s) is amended by striking paragraph 

14 (3). 

15 SEC. 706. UPDATE ON OVERFLIGHTS. 

16 (a) IN GENERAL.—Section 45301(b) is amended to 

17 read as follows: 

18 ‘‘(b) LIMITATIONS.— 

19 ‘‘(1) IN GENERAL.—In establishing fees under 

20 subsection (a), the Administrator shall ensure that the 

21 fees required by subsection (a) are reasonably related 

22 to the Administration’s costs, as determined by the 

23 Administrator, of providing the services rendered. 

24 Services for which costs may be recovered include the 

25 costs of air traffic control, navigation, weather serv-
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1 ices, training, and emergency services which are 

2 available to facilitate safe transportation over the 

3 United States, and other services provided by the Ad4 ministrator or by programs financed by the Adminis5 trator to flights that neither take off nor land in the 

6 United States. The determination of such costs by the 

7 Administrator is not subject to judicial review. 

8 ‘‘(2) ADJUSTMENT OF FEES.—The Administrator 

9 shall adjust the overflight fees established by sub10 section (a)(1) by expedited rulemaking and begin col11 lections under the adjusted fees by October 1, 2010. In 

12 developing the adjusted overflight fees, the Adminis13 trator shall seek and consider the recommendations, if 

14 any, offered by the Aviation Rulemaking Committee 

15 for Overflight Fees that are intended to ensure that 

16 overflight fees are reasonably related to the Adminis17 trator’s costs of providing air traffic control and re18 lated services to overflights. In addition, the Adminis19 trator may periodically modify the fees established 

20 under this section either on the Administrator’s own 

21 initiative or on a recommendation from the Air Traf22 fic Control Modernization Board. 

23 ‘‘(3) COST DATA.—The adjustment of overflight 

24 fees under paragraph (2) shall be based on the costs 

25 to the Administration of providing the air traffic con-
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1 trol and related activities, services, facilities, and 

2 equipment using the available data derived from the 

3 Administration’s cost accounting system and cost al4 location system to users, as well as budget and oper5 ational data. 

6 ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this sec7 tion shall require the Administrator to take into ac8 count aircraft altitude in establishing any fee for air9 craft operations in en route or oceanic airspace. 

10 ‘‘(5) COSTS DEFINED.—In this subsection, the 

11 term ‘costs’ means those costs associated with the op12 eration, maintenance, debt service, and overhead ex13 penses of the services provided and the facilities and 

14 equipment used in such services, including the pro15 jected costs for the period during which the services 

16 will be provided. 

17 ‘‘(6) PUBLICATION; COMMENT.—The Adminis18 trator shall publish in the Federal Register any fee 

19 schedule under this section, including any adjusted 

20 overflight fee schedule, and the associated collection 

21 process as a proposed rule, pursuant to which public 

22 comment will be sought and a final rule issued.’’. 

23 (b) ADMINISTRATIVE PROVISION.—Section 45303(c)(2) 

24 is amended to read as follows: 
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1 ‘‘(2) shall be available to the Administrator for 

2 expenditure for purposes authorized by Congress for 

3 the Federal Aviation Administration, however, fees es4 tablished by section 45301(a)(1) of this title shall be 

5 available only to pay the cost of activities and serv6 ices for which the fee is imposed, including the costs 

7 to determine, assess, review, and collect the fee; and’’. 

8 SEC. 707. TECHNICAL CORRECTIONS. 

9 Section 40122(g), as amended by section 307 of this 

10 Act, is further amended— 

11 (1) by striking ‘‘section 2302(b), relating to 

12 whistleblower protection,’’ in paragraph (2)(A) and 

13 inserting ‘‘sections 2301 and 2302,’’; 

14 (2) by striking ‘‘and’’ after the semicolon in 

15 paragraph (2)(H); 

16 (3) by striking ‘‘Plan.’’ in paragraph (2)(I)(iii) 

17 and inserting ‘‘Plan;’’; 

18 (4) by adding at the end of paragraph (2) the 

19 following: 

20 ‘‘(J) section 5596, relating to back pay; and 

21 ‘‘(K) sections 6381 through 6387, relating to 

22 Family and Medical Leave.’’; and 

23 (5) by adding at the end of paragraph (3) ‘‘Not24 withstanding any other provision of law, retroactive 

25 to April 1, 1996, the Board shall have the same reme-
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1 dial authority over such employee appeals that it had 

2 as of March 31, 1996.’’. 

3 SEC. 708. FAA TECHNICAL TRAINING AND STAFFING. 

4 (a) STUDY.— 

5 (1) IN GENERAL.—The Comptroller General shall 

6 conduct a study of the training of airway transpor7 tation systems specialists of the Federal Aviation Ad8 ministration that includes— 

9 (A) an analysis of the type of training pro10 vided to such specialists; 

11 (B) an analysis of the type of training that 

12 such specialists need to be proficient in the 

13 maintenance of the latest technologies; 

14 (C) actions that the Administration has un15 dertaken to ensure that such specialists receive 

16 up-to-date training on such technologies; 

17 (D) the amount and cost of training pro18 vided by vendors for such specialists; 

19 (E) the amount and cost of training pro20 vided by the Administration after developing in21 house training courses for such specialists; 

22 (F) the amount and cost of travel required 

23 of such specialists in receiving training; and 
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1 (G) a recommendation regarding the most 

2 cost-effective approach to providing such train3 ing. 

4 (2) REPORT.—Within 1 year after the date of 

5 enactment of this Act, the Comptroller General shall 

6 transmit a report on the study containing the Comp7 troller General’s findings and recommendations to the 

8 Senate Committee on Commerce, Science, and Trans9 portation and the House of Representatives Com10 mittee on Transportation and Infrastructure. 

11 (b) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of enactment of this Act, the Administrator 

14 of the Federal Aviation Administration shall contract 

15 with the National Academy of Sciences to conduct a 

16 study of the assumptions and methods used by the 

17 Federal Aviation Administration to estimate staffing 

18 needs for Federal Aviation Administration air traffic 

19 controllers, system specialists, and engineers to ensure 

20 proper maintenance, certification, and operation of 

21 the National Airspace System. The National Academy 

22 of Sciences shall consult with the Exclusive Bar23 gaining Representative certified under section 7111 of 

24 title 5, United States Code, and the Administration 

25 (including the Civil Aeronautical Medical Institute) 
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1 and examine data entailing human factors, traffic ac2 tivity, and the technology at each facility. 

3 (2) CONTENTS.—The study shall include— 

4 (A) recommendations for objective staffing 

5 standards that maintain the safety of the Na6 tional Airspace System; and 

7 (B) the approximate length of time for de8 veloping such standards. 

9 (3) REPORT.—Not later than 24 months after 

10 executing a contract under subsection (a), the Na11 tional Academy of Sciences shall transmit a report 

12 containing its findings and recommendations to the 

13 Congress. 

14 (c) AVIATION SAFETY INSPECTORS.— 

15 (1) SAFETY STAFFING MODEL.—Within 12 

16 months after the date of enactment of this Act, the 

17 Administrator of the Federal Aviation Administra18 tion shall develop a staffing model for aviation safety 

19 inspectors. In developing the model, the Adminis20 trator shall consult with representatives of the avia21 tion safety inspectors and other interested parties. 

22 (2) SAFETY INSPECTOR STAFFING.—The Federal 

23 Aviation Administration aviation safety inspector 

24 staffing requirement shall be no less than the staffing 
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1 levels indicated as necessary in the staffing model de2 scribed under subsection (a). 

3 (d) ALASKA FLIGHT SERVICE STATIONS.—Not later 

4 than 180 days after the date of the enactment of this Act, 

5 the Administrator, in conjunction with flight service station 

6 personnel, shall submit a report to Congress on the future 

7 of flight service stations in Alaska, which includes— 

8 (1) an analysis of the number of flight service 

9 specialists needed, the training needed by such per10 sonnel, and the need for a formal training and hiring 

11 program for such personnel; 

12 (2) a schedule for necessary inspection, upgrades, 

13 and modernization of stations and equipment; and 

14 (3) a description of the interaction between flight 

15 service stations operated by the Administration and 

16 flight service stations operated by contractors. 

17 SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NA18 TIONAL PARKS. 

19 (a) SECRETARY OF THE INTERIOR AND OVERFLIGHTS

20 OF NATIONAL PARKS.— 

21 (1) Section 40128 is amended— 

22 (A) by striking paragraph (8) of subsection 

23 (f); 

24 (B) by striking ‘‘Director’’ each place it ap25 pears and inserting ‘‘Secretary of the Interior’’; 
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1 (C) by striking ‘‘National Park Service’’ in 

2 subsection (a)(2)(B)(vi) and inserting ‘‘Depart3 ment of the Interior’’; and 

4 (D) in subsection (b)— 

5 (i) in paragraph (1)— 

6 (I) in subparagraph (A)— 

7 (aa) by striking ‘‘, in co8 operation with’’ and inserting 

9 ‘‘and’’; and 

10 (bb) by striking ‘‘The air 

11 tour’’ and all that follows; and 

12 (II) by redesignating subpara13 graph (B) as subparagraph (C); 

14 (III) by inserting after subpara15 graph (A) the following: 

16 ‘‘(B) PROCESS AND APPROVAL.—The Fed17 eral Aviation Administration has sole authority 

18 to control airspace over the United States. The 

19 National Park Service has the sole responsibility 

20 for conserving the scenery and natural resources 

21 in National Parks and providing for the enjoy22 ment of the National Parks unimpaired for fu23 ture generations. Each air tour management 

24 plan shall be— 
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1 ‘‘(i) developed through a public process 

2 that complies with paragraph (4); and 

3 ‘‘(ii) approved by the Administrator 

4 and the Director.’’; and 

5 (IV) by adding at the end the fol6 lowing: 

7 ‘‘(D) EXCEPTION.—An application to begin 

8 commercial air tour operations at Crater Lake 

9 National Park may be denied without the estab10 lishment of an air tour management plan by the 

11 Director of the National Park Service if the Di12 rector determines that such operations would un13 acceptably impact park resources or visitor expe14 riences.’’; and 

15 (ii) in paragraph (4)(C), by striking 

16 ‘‘National Park Service’’ and inserting ‘‘De17 partment of the Interior’’. 

18 (2) The National Parks Air Tour Management 

19 Act of 2000 (49 U.S.C. 40128 note) is amended— 

20 (A) by striking ‘‘Director’’ in section 804(b) 

21 and inserting ‘‘Secretary of the Interior’’; 

22 (B) in section 805— 

23 (i) by striking ‘‘Director of the Na24 tional Park Service’’ in subsection (a) and 

25 inserting ‘‘Secretary of the Interior’’; 
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1 (ii) by striking ‘‘Director’’ each place 

2 it appears and inserting ‘‘Secretary of the 

3 Interior’’; 

4 (iii) by striking ‘‘National Park Serv5 ice’’ each place it appears in subsection (b) 

6 and inserting ‘‘Department of the Interior’’; 

7 (iv) by striking ‘‘National Park Serv8 ice’’ in subsection (d)(2) and inserting ‘‘De9 partment of the Interior’’; and 

10 (C) in section 807— 

11 (i) by striking ‘‘National Park Serv12 ice’’ in subsection (a)(1) and inserting ‘‘De13 partment of the Interior’’; and 

14 (ii) by striking ‘‘Director of the Na15 tional Park Service’’ in subsection (b) and 

16 inserting ‘‘Secretary of the Interior’’. 

17 (b) ALLOWING OVERFLIGHTS IN CASE OF AGREE18 MENT.—Paragraph (1) of subsection (a) of section 40128 

19 is amended— 

20 (1) by striking ‘‘and’’ after the semicolon in sub21 paragraph (B); 

22 (2) by striking ‘‘lands.’’ in subparagraph (C) 

23 and inserting ‘‘lands; and’’; and 

24 (3) by adding at the end the following: 
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1 ‘‘(D) in accordance with a voluntary agree2 ment between the commercial air tour operator 

3 and appropriate representatives of the national 

4 park or tribal lands, as the case may be.’’. 

5 (c) MODIFICATION OF INTERIM OPERATING AUTHOR6 ITY.—Section 40128(c)(2)(I) is amended to read as follows: 

7 ‘‘(I) may allow for modifications of the in8 terim operating authority without further envi9 ronmental process, if— 

10 ‘‘(i) adequate information on the exist11 ing and proposed operations of the commer12 cial air tour operator is provided to the Ad13 ministrator and the Secretary by the oper14 ator seeking operating authority; 

15 ‘‘(ii) the Administrator determines that 

16 the modifications would not adversely affect 

17 aviation safety or the management of the 

18 national airspace system; and 

19 ‘‘(iii) the Secretary agrees that the 

20 modifications would not adversely affect 

21 park resources and visitor experiences.’’. 

22 (d) REPORTING REQUIREMENTS FOR COMMERCIAL

23 AIR TOUR OPERATORS.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, and annually 
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1 thereafter, each commercial air tour conducting com2 mercial air tour operations over a national park shall 

3 report to the Administrator of the Federal Aviation 

4 Administration and the Secretary of the Interior 

5 on— 

6 (A) the number of commercial air tour op7 erations conducted by such operator over the na8 tional park each day; 

9 (B) any relevant characteristics of commer10 cial air tour operations, including the routes, al11 titudes, duration, and time of day of flights; and 

12 (C) such other information as the Adminis13 trator and the Secretary may determine nec14 essary to administer the provisions of the Na15 tional Parks Air Tour Management Act of 2000 

16 (49 U.S.C. 40128 note). 

17 (2) FORMAT.—The report required by paragraph 

18 (1) shall be submitted in such form as the Adminis19 trator and the Secretary determine to be appropriate. 

20 (3) EFFECT OF FAILURE TO REPORT.—The Ad21 ministrator shall rescind the operating authority of a 

22 commercial air tour operator that fails to file a re23 port not later than 180 days after the date for the 

24 submittal of the report described in paragraph (1). 
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1 (4) AUDIT OF REPORTS.—Not later than 2 years 

2 after the date of the enactment of this Act, and at 

3 such times thereafter as the Inspector General of the 

4 Department of Transportation determines necessary, 

5 the Inspector General shall audit the reports required 

6 by paragraph (1). 

7 (e) COLLECTION OF FEES FROM AIR TOUR OPER8 ATIONS.— 

9 (1) IN GENERAL.—The Secretary of the Interior 

10 shall assess a fee in an amount determined by the 

11 Secretary under paragraph (2) on a commercial air 

12 tour operator conducting commercial air tour oper13 ations over a national park. 

14 (2) AMOUNT OF FEE.—In determining the 

15 amount of the fee assessed under paragraph (1), the 

16 Secretary shall collect sufficient revenue, in the aggre17 gate, to pay for the expenses incurred by the Federal 

18 Government to develop air tour management plans 

19 for national parks. 

20 (3) EFFECT OF FAILURE TO PAY FEE.—The Ad21 ministrator of the Federal Aviation Administration 

22 shall revoke the operating authority of a commercial 

23 air tour operator conducting commercial air tour op24 erations over any national park, including the Grand 

25 Canyon National Park, that has not paid the fee as-
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1 sessed by the Secretary under paragraph (1) by the 

2 date that is 180 days after the date on which the Sec3 retary determines the fee shall be paid. 

4 (f) FUNDING FOR AIR TOUR MANAGEMENT PLANS.— 

5 The Secretary of the Interior shall use the amounts collected 

6 under subsection (e) to develop air tour management plans 

7 under section 40128(b) of title 49, United States Code, for 

8 the national parks the Secretary determines would most 

9 benefit from such a plan. 

10 (g) GUIDANCE TO DISTRICT OFFICES ON COMMERCIAL

11 AIR TOUR OPERATORS.—The Administrator of the Federal 

12 Aviation Administration shall provide to the Administra13 tion’s district offices clear guidance on the ability of com14 mercial air tour operators to obtain— 

15 (1) increased safety certifications; 

16 (2) exemptions from regulations requiring safety 

17 certifications; and 

18 (3) other information regarding compliance with 

19 the requirements of this Act and other Federal and 

20 State laws and regulations. 

21 (h) OPERATING AUTHORITY OF COMMERCIAL AIR

22 TOUR OPERATORS.— 

23 (1) TRANSFER OF OPERATING AUTHORITY.— 

24 (A) IN GENERAL.—Subject to subparagraph 

25 (B), a commercial air tour operator that obtains 
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1 operating authority from the Administrator 

2 under section 40128 of title 49, United States 

3 Code, to conduct commercial air tour operations 

4 may transfer such authority to another commer5 cial air tour operator at any time. 

6 (B) NOTICE.—Not later than 30 days before 

7 the date on which a commercial air tour oper8 ator transfers operating authority under sub9 paragraph (A), the operator shall notify the Ad10 ministrator and the Secretary of the intent of the 

11 operator to transfer such authority. 

12 (C) REGULATIONS.—Not later than 180 

13 days after the date of the enactment of this Act, 

14 the Administrator shall prescribe regulations to 

15 allow transfers of operating authority described 

16 in subparagraph (A). 

17 (2) TIME FOR DETERMINATION REGARDING OP18 ERATING AUTHORITY.—Notwithstanding any other 

19 provision of law, the Administrator shall determine 

20 whether to grant a commercial air tour operator oper21 ating authority under section 40128 of title 49, 

22 United States Code, not later than 180 days after the 

23 earlier of the date on which— 

24 (A) the operator submits an application; or 
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1 (B) an air tour management plan is com2 pleted for the national park over which the oper3 ator seeks to conduct commercial air tour oper4 ations. 

5 (3) INCREASE IN INTERIM OPERATING AUTHOR6 ITY.—The Administrator and the Secretary may in7 crease the interim operating authority while an air 

8 tour management plan is being developed for a park 

9 if— 

10 (A) the Secretary determines that such an 

11 increase does not adversely impact park re12 sources or visitor experiences; and 

13 (B) the Administrator determines that 

14 granting interim operating authority does not 

15 adversely affect aviation safety or the manage16 ment of the national airspace system. 

17 (4) ENFORCEMENT OF OPERATING AUTHORITY.— 

18 The Administrator is authorized and directed to en19 force the requirements of this Act and any agency 

20 rules or regulations related to operating authority. 

21 SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT. 

22 (a) IN GENERAL.—Subchapter II of chapter 475 is 

23 amended by adding at the end the following: 
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1 ‘‘§ 47534. Prohibition on operating certain aircraft 

2 weighing 75,000 pounds or less not com3 plying with Stage 3 noise levels 

4 ‘‘(a) PROHIBITION.—Except as provided in subsection 

5 (b), (c), or (d), a person may not operate a civil subsonic 

6 turbojet with a maximum weight of 75,000 pounds or less 

7 to or from an airport in the United States unless the Sec8 retary of Transportation finds that the aircraft complies 

9 with stage 3 noise levels. 

10 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

11 aircraft operated only outside the 48 contiguous States. 

12 ‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 

13 airport where the airport operator has notified the Sec14 retary that it wants to continue to permit the operation 

15 of civil subsonic turbojets with a maximum weight of 75,000 

16 pounds or less that do not comply with stage 3 noise levels. 

17 The Secretary shall post the notices received under this sub18 section on its website or in another place easily accessible 

19 to the public. 

20 ‘‘(d) LIMITATION.—The Secretary shall permit a per21 son to operate Stage 1 and Stage 2 aircraft with a max22 imum weight of 75,000 pounds or less to or from an airport 

23 in the contiguous 48 States in order— 

24 ‘‘(1) to sell, lease, or use the aircraft outside the 

25 48 contiguous States; 

26 ‘‘(2) to scrap the aircraft; 
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1 ‘‘(3) to obtain modifications to the aircraft to 

2 meet stage 3 noise levels; 

3 ‘‘(4) to perform scheduled heavy maintenance or 

4 significant modifications on the aircraft at a mainte5 nance facility located in the contiguous 48 states; 

6 ‘‘(5) to deliver the aircraft to an operator leasing 

7 the aircraft from the owner or return the aircraft to 

8 the lessor; 

9 ‘‘(6) to prepare or park or store the aircraft in 

10 anticipation of any of the activities described in 

11 paragraphs (1) through (5); or 

12 ‘‘(7) to divert the aircraft to an alternative air13 port in the 48 contiguous States on account of weath14 er, mechanical, fuel air traffic control or other safety 

15 reasons while conducting a flight in order to perform 

16 any of the activities described in paragraphs (1) 

17 through (6). 

18 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the sec19 tion may be construed as interfering with, nullifying, or 

20 otherwise affecting determinations made by the Federal 

21 Aviation Administration, or to be made by the Administra22 tion, with respect to applications under part 161 of title 

23 14, Code of Federal Regulations, that were pending on the 

24 date of enactment of the Aircraft Noise Reduction Act of 

25 2006.’’. 
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1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 47531 is amended by striking 

3 ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 

4 47534’’. 

5 (2) Section 47532 is amended by striking 

6 ‘‘47528–47531’’ and inserting ‘‘47528 through 47531 

7 or 47534’’. 

8 (3) The table of contents for chapter 475 is 

9 amended by inserting after the item relating to sec10 tion 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 

not complying with Stage 3 noise levels’’. 

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

12 section shall take effect 5 years after the date of enactment 

13 of this Act. 

14 SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT. 

15 On and after the date of the enactment of this Act, 

16 the Administrator of the Federal Aviation Administration 

17 is prohibited from taking actions designed to challenge or 

18 influence weight restrictions or prior permission rules at 

19 Teterboro Airport in Teterboro, New Jersey, except in an 

20 emergency. 

21 SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIR22 PORT PROPERTIES. 

23 (a) IN GENERAL.—Within 1 year after the date of en24 actment of this Act, the Administrator of the Federal Avia-
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1 tion Administration shall establish a pilot program at up 

2 to 4 public-use airports for local airport operators that have 

3 submitted a noise compatibility program approved by the 

4 Federal Aviation Administration under section 47504 of 

5 title 49, United States Code, under which such airport oper6 ators may use funds made available under section 47117(e) 

7 of that title, or passenger facility revenue collected under 

8 section 40117 of that title, in partnership with affected 

9 neighboring local jurisdictions, to support joint planning, 

10 engineering design, and environmental permitting for the 

11 assembly and redevelopment of property purchased with 

12 noise mitigation funds or passenger facility charge funds, 

13 to encourage airport-compatible land uses and generate eco14 nomic benefits to the local airport authority and adjacent 

15 community. 

16 (b) NOISE COMPATIBILITY MEASURES.—Section 

17 47504(a)(2) is amended— 

18 (1) by striking ‘‘and’’ after the semicolon in sub19 paragraph (D); 

20 (2) by striking ‘‘operations.’’ in subparagraph 

21 (E) and inserting ‘‘operations; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(F) joint comprehensive land use planning in24 cluding master plans, traffic studies, environmental 

25 evaluation and economic and feasibility studies, with 
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1 neighboring local jurisdictions undertaking commu2 nity redevelopment in the area where the land or 

3 other property interest acquired by the airport oper4 ator pursuant to this subsection is located, to encour5 age and enhance redevelopment opportunities that re6 flect zoning and uses that will prevent the introduc7 tion of additional incompatible uses and enhance re8 development potential.’’. 

9 (c) GRANT REQUIREMENTS.—The Administrator may 

10 not make a grant under subsection (a) unless the grant is 

11 made— 

12 (1) to enable the airport operator and local juris13 dictions undertaking the community redevelopment 

14 effort to expedite redevelopment efforts; 

15 (2) subject to a requirement that the local juris16 diction governing the property interests in question 

17 has adopted zoning regulations that permit airport 

18 compatible redevelopment; and 

19 (3) subject to a requirement that, in determining 

20 the part of the proceeds from disposing of the land 

21 that is subject to repayment or reinvestment under 

22 section 47107(c)(2)(A) of title 49, United States Code, 

23 the total amount of the grant issued under this section 

24 shall be added to the amount of any grants issued for 

25 acquisition of land. 
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1 (d) DEMONSTRATION GRANTS.— 

2 (1) IN GENERAL.—The Administrator shall pro3 vide grants for up to 4 pilot property redevelopment 

4 projects distributed geographically and targeted to 

5 airports that demonstrate— 

6 (A) a readiness to implement cooperative 

7 land use management and redevelopment plans 

8 with the adjacent community; and 

9 (B) the probability of clear economic benefit 

10 to the local community and financial return to 

11 the airport through the implementation of the re12 development plan. 

13 (2) FEDERAL SHARE.— 

14 (A) Notwithstanding any other provision of 

15 law, the Federal share of the allowable costs of a 

16 project carried out under the pilot program shall 

17 be 80 percent. 

18 (B) In determining the allowable costs, the 

19 Administrator shall deduct from the total costs of 

20 the activities described in subsection (a) that 

21 portion of the costs which is equal to that por22 tion of the total property to be redeveloped under 

23 this section that is not owned or to be acquired 

24 by the airport operator pursuant to the noise 

25 compatibility program or that is not owned by 
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1 the affected neighboring local jurisdictions or 

2 other public entities. 

3 (3) MAXIMUM AMOUNT.—Not more than 

4 $5,000,000 in funds made available under section 

5 47117(e) of title 49, United States Code, may be ex6 pended under the pilot program at any single public7 use airport. 

8 (4) EXCEPTION.—Amounts paid to the Adminis9 trator under subsection (c)(3)— 

10 (A) shall be in addition to amounts author11 ized under section 48203 of title 49, United 

12 States Code; 

13 (B) shall not be subject to any limitation on 

14 grant obligations for any fiscal year; and 

15 (C) shall remain available until expended. 

16 (e) USE OF PASSENGER REVENUE.—An airport spon17 sor that owns or operates an airport participating in the 

18 pilot program may use passenger facility revenue collected 

19 under section 40117 of title 49, United States Code, to pay 

20 any project cost described in subsection (a) that is not fi21 nanced by a grant under the program. 

22 (f) SUNSET.—This section, other than the amendments 

23 made by subsections (b), shall not be in effect after Sep24 tember 30, 2011. 
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1 (g) REPORT TO CONGRESS.—The Administrator shall 

2 report to Congress within 18 months after making the first 

3 grant under this section on the effectiveness of this program 

4 on returning part 150 lands to productive use. 

5 SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS. 

6 (a) IN GENERAL.—Subchapter I of chapter 417 is 

7 amended by adding at the end thereof the following: 

8 ‘‘§ 41724. Musical instruments 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG11 GAGE.—An air carrier providing air transportation 

12 shall permit a passenger to carry a violin, guitar, or 

13 other musical instrument in the aircraft cabin with14 out charge if— 

15 ‘‘(A) the instrument can be stowed safely in 

16 a suitable baggage compartment in the aircraft 

17 cabin or under a passenger seat; and 

18 ‘‘(B) there is space for such stowage at the 

19 time the passenger boards the aircraft. 

20 ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG21 GAGE.—An air carrier providing air transportation 

22 shall permit a passenger to carry a musical instru23 ment that is too large to meet the requirements of 

24 paragraph (1) in the aircraft cabin without charge 

25 if— 
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1 ‘‘(A) the instrument is contained in a case 

2 or covered so as to avoid injury to other pas3 sengers; 

4 ‘‘(B) the weight of the instrument, including 

5 the case or covering, does not exceed 165 pounds; 

6 ‘‘(C) the instrument can be secured by a 

7 seat belt to avoid shifting during flight; 

8 ‘‘(D) the instrument does not restrict access 

9 to, or use of, any required emergency exit, reg10 ular exit, or aisle; 

11 ‘‘(E) the instrument does not obscure any 

12 passenger’s view of any illuminated exit, warn13 ing, or other informational sign; 

14 ‘‘(F) neither the instrument nor the case 

15 contains any object not otherwise permitted to be 

16 carried in an aircraft cabin because of a law or 

17 regulation of the United States; and 

18 ‘‘(G) the passenger wishing to carry the in19 strument in the aircraft cabin has purchased an 

20 additional seat to accommodate the instrument. 

21 ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG22 GAGE.—An air carrier shall transport as baggage, 

23 without charge, a musical instrument that is the 

24 property of a passenger traveling in air transpor-
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1 tation that may not be carried in the aircraft cabin 

2 if— 

3 ‘‘(A) the sum of the length, width, and 

4 height measured in inches of the outside linear 

5 dimensions of the instrument (including the 

6 case) does not exceed 150 inches; and 

7 ‘‘(B) the weight of the instrument does not 

8 exceed 165 pounds. 

9 ‘‘(b) REGULATIONS.—The Secretary may prescribe 

10 such regulations as may be necessary or appropriate to im11 plement subsection (a).’’. 

12 (b) CONFORMING AMENDMENT.—The table of contents 

13 for chapter 417 is amended by inserting after the item relat14 ing to section 41723 the following: 

‘‘41724. Musical instruments’’. 

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

16 section shall take effect 30 days after the date of enactment 

17 of this Act. 

18 SEC. 714. RECYCLING PLANS FOR AIRPORTS. 

19 (a) AIRPORT PLANNING.—Section 47102(5) is amend20 ed by striking ‘‘planning.’’ and inserting ‘‘planning and 

21 a plan for recycling and minimizing the generation of air22 port solid waste, consistent with applicable State and local 

23 recycling laws, including the cost of a waste audit.’’. 

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

25 (1) by striking ‘‘and’’ in paragraph (4); 
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1 (2) by striking ‘‘proposed.’’ in paragraph (5) 

2 and inserting ‘‘proposed; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(6) if the project is for an airport that has an 

5 airport master plan, the master plan addresses— 

6 ‘‘(A) the feasibility of solid waste recycling 

7 at the airport; 

8 ‘‘(B) minimizing the generation of solid 

9 waste at the airport; 

10 ‘‘(C) operation and maintenance require11 ments; 

12 ‘‘(D) the review of waste management con13 tracts; 

14 ‘‘(E) the potential for cost savings or the 

15 generation of revenue; and 

16 ‘‘(F) training and education require17 ments.’’. 

18 SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PRO19 GRAM ADJUSTMENTS. 

20 (a) PURPOSE.—It is the purpose of the airport dis21 advantaged business enterprise program (49 U.S.C. 

22 47107(e) and 47113) to ensure that minority- and women23 owned businesses do not face barriers because of their race 

24 or gender and so that they have a fair opportunity to com25 pete in Federally assisted airport contracts and concessions. 
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1 (b) FINDINGS.—The Congress finds the following: 

2 (1) While significant progress has occurred due 

3 to the enactment of the airport disadvantaged busi4 ness enterprise program (49 U.S.C. 47107(e) and 

5 47113), discrimination continues to be a barrier for 

6 minority- and women-owned businesses seeking to do 

7 business in airport-related markets. This continuing 

8 barrier merits the continuation of the airport dis9 advantaged business enterprise program. 

10 (2) The Congress has received recent evidence of 

11 discrimination from numerous sources, including con12 gressional hearings and roundtables, scientific reports, 

13 reports issued by public and private agencies, news 

14 stories, reports of discrimination by organizations 

15 and individuals, and discrimination lawsuits. This 

16 evidence also shows that race- and gender-neutral ef17 forts alone are insufficient to address the problem. 

18 (3) This evidence demonstrates that discrimina19 tion across the nation poses a barrier to full and fair 

20 participation in airport related businesses of women 

21 business owners and minority business owners in the 

22 racial groups detailed in parts 23 and 26 of title 49, 

23 Code of Federal Regulations, and has impacted firm 

24 development and many aspects of airport related 

25 business in the public and private markets. 
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1 (4) This evidence provides a strong basis for the 

2 continuation of the airport disadvantaged business 

3 enterprise program and the airport concessions dis4 advantaged business enterprise program. 

5 (c) IN GENERAL.—Section 47107(e) is amended— 

6 (1) by redesignating paragraph (8) as para7 graph (9); and 

8 (2) by inserting after paragraph (7) the fol9 lowing: 

10 ‘‘(8) MANDATORY TRAINING PROGRAM FOR

11 AIRPORT CONCESSIONS.— 

12 ‘‘(A) IN GENERAL.—Not later than one 

13 year after the date of enactment of the FAA 

14 Air Transportation Modernization and 

15 Safety Improvement Act, the Secretary shall 

16 establish a mandatory training program for 

17 persons described in subparagraph (C) on 

18 the certification of whether a small business 

19 concern in airport concessions qualifies as a 

20 small business concern owned and controlled 

21 by a socially and economically disadvan22 taged individual for purposes of paragraph 

23 (1). 

24 ‘‘(B) IMPLEMENTATION.—The training 

25 program may be implemented by one or 
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1 more private entities approved by the Sec2 retary. 

3 ‘‘(C) PARTICIPANTS.—A person re4 ferred to in paragraph (1) is an official or 

5 agent of an airport owner or operator who 

6 is required to provide a written assurance 

7 under paragraph (1) that the airport owner 

8 or operator will meet the percentage goal of 

9 paragraph (1) or who is responsible for de10 termining whether or not a small business 

11 concern in airport concessions qualifies as a 

12 small business concern owned and controlled 

13 by a socially and economically disadvan14 taged individual for purposes of paragraph 

15 (1). 

16 ‘‘(D) AUTHORIZATION OF APPROPRIA17 TIONS.—There are authorized to be appro18 priated to the Secretary such sums as may 

19 be necessary to carry out this paragraph.’’. 

20 (d) REPORT.—Not later than 24 months after the date 

21 of enactment of this Act, the Secretary shall submit a report 

22 to the Senate Committee on Commerce, Science, and Trans23 portation, the House of Representatives Committee on 

24 Transportation and Infrastructure, and other appropriate 

25 committees of Congress on the results of the training pro-
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1 gram conducted under section 47107(e)(8) of title 49, 

2 United States Code, as added by subsection (a). 

3 (e) DISADVANTAGED BUSINESS ENTERPRISE PER4 SONAL NET WORTH CAP; BONDING REQUIREMENTS.—Sec5 tion 47113 is amended by adding at the end the following: 

6 ‘‘(e) PERSONAL NET WORTH CAP.—Not later than 180 

7 days after the date of enactment of the FAA Air Transpor8 tation Modernization and Safety Improvement Act, the Sec9 retary shall issue final regulations to adjust the personal 

10 net worth cap used in determining whether an individual 

11 is economically disadvantaged for purposes of qualifying 

12 under the definition contained in subsection (a)(2) and 

13 under section 47107(e). The regulations shall correct for the 

14 impact of inflation since the Small Business Administra15 tion established the personal net worth cap at $750,000 in 

16 1989. 

17 ‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 

18 ‘‘(1) IN GENERAL.—In calculating a business 

19 owner’s personal net worth, any funds held in a 

20 qualified retirement account owned by the business 

21 owner shall be excluded, subject to regulations to be 

22 issued by the Secretary. 

23 ‘‘(2) REGULATIONS.—Not later than one year 

24 after the date of enactment of the FAA Air Transpor25 tation Modernization and Safety Improvement Act, 
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1 the Secretary shall issue final regulations to imple2 ment paragraph (1), including consideration of ap3 propriate safeguards, such as a limit on the amount 

4 of such accounts, to prevent circumvention of personal 

5 net worth requirements. 

6 ‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINATORY

7 BONDING REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall establish 

9 a program to eliminate barriers to small business 

10 participation in airport-related contracts and conces11 sions by prohibiting excessive, unreasonable, or dis12 criminatory bonding requirements for any project 

13 funded under this chapter or using passenger facility 

14 revenues under section 40117. 

15 ‘‘(2) REGULATIONS.—Not later than one year 

16 after the date of enactment of the FAA Air Transpor17 tation Modernization and Safety Improvement Act, 

18 the Secretary shall issue a final rule to establish the 

19 program under paragraph (1).’’. 

20 SEC. 716. FRONT LINE MANAGER STAFFING. 

21 (a) STUDY.—Not later than 45 days after the date of 

22 enactment of this Act, the Administrator of the Federal 

23 Aviation Administration shall initiate a study on front line 

24 manager staffing requirements in air traffic control facili25 ties. 
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1 (b) CONSIDERATIONS.—In conducting the study, the 

2 Administrator may take into consideration— 

3 (1) the number of supervisory positions of oper4 ation requiring watch coverage in each air traffic 

5 control facility; 

6 (2) coverage requirements in relation to traffic 

7 demand; 

8 (3) facility type; 

9 (4) complexity of traffic and managerial respon10 sibilities; 

11 (5) proficiency and training requirements; and 

12 (6) such other factors as the Administrator con13 siders appropriate. 

14 (c) DETERMINATIONS.—The Administrator shall 

15 transmit any determinations made as a result of the study 

16 to the Chief Operating Officer for the air traffic control sys17 tem. 

18 (d) REPORT.—Not later than 180 days after the date 

19 of enactment of this Act, the Administrator shall submit 

20 to the Senate Committee on Commerce, Science, and Trans21 portation and the House of Representatives Committee on 

22 Transportation and Infrastructure a report on the results 

23 of the study and a description of any determinations sub24 mitted to the Chief Operating Officer under subsection (c). 
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1 SEC. 717. STUDY OF HELICOPTER AND FIXED WING AIR AM2 BULANCE SERVICES. 

3 (a) IN GENERAL.— The Comptroller General shall con4 duct a study of the helicopter and fixed-wing air ambulance 

5 industry. The study shall include information, analysis, 

6 and recommendations pertinent to ensuring a safe air am7 bulance industry. 

8 (b) REQUIRED INFORMATION.—In conducting the 

9 study, the Comptroller General shall obtain detailed infor10 mation on the following aspects of the air ambulance indus11 try: 

12 (1) A review of the industry, for part 135 certifi13 cate holders and indirect carriers providing helicopter 

14 and fixed-wing air ambulance services, including— 

15 (A) a listing of the number, size, and loca16 tion of helicopter and fixed-wing aircraft and 

17 their flight bases; 

18 (B) affiliations of certificate holders and in19 direct carriers with hospitals, governments, and 

20 other entities; 

21 (C) coordination of air ambulance services, 

22 with each other, State and local emergency med23 ical services systems, referring entities, and re24 ceiving hospitals; 

25 (D) nature of services contracts, sources of 

26 payment, financial relationships between certifi-
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1 cate holders and indirect carriers providing air 

2 ambulance services and referring entities, and 

3 costs of operations; and 

4 (E) a survey of business models for air am5 bulance operations, including expenses, structure, 

6 and sources of income. 

7 (2) Air ambulance request and dispatch prac8 tices, including the various types of protocols, models, 

9 training, certifications, and air medical communica10 tions centers relating to part 135 certificate holders 

11 and indirect carriers providing helicopter and fixed12 wing air ambulance services, including— 

13 (A) the practices that emergency and med14 ical officials use to request an air ambulance; 

15 (B) information on whether economic or 

16 other nonmedical factors lead to air ambulance 

17 transport when it is not medically needed, ap18 propriate, or safe; and 

19 (C) the cause, occurrence, and extent of 

20 delays in air ambulance transport. 

21 (3) Economic and medical issues relating to the 

22 air ambulance industry, including— 

23 (A) licensing; 

24 (B) certificates of need; 
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1 (C) public convenience and necessity re2 quirements; 

3 (D) assignment of geographic coverage 

4 areas; 

5 (E) accreditation requirements; 

6 (F) compliance with dispatch procedures; 

7 and 

8 (G) requirements for medical equipment 

9 and personnel onboard the aircraft. 

10 (4) Such other matters as the Comptroller Gen11 eral considers relevant to the purpose of the study. 

12 (c) ANALYSIS AND RECOMMENDATIONS.—Based on in13 formation obtained under subsection (b) and other informa14 tion the Comptroller General considers appropriate, the re15 port shall also include an analysis and specific rec16 ommendations, as appropriate, related to— 

17 (1) the relationship between State regulation and 

18 Federal preemption of rates, routes, and services of 

19 air ambulances; 

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

21 existing State regulation of air ambulances and the 

22 potential effect of greater State regulation— 

23 (A) in the air ambulance industry, on the 

24 economic viability of air ambulance services, the 

25 availability and coordination of service, and 
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1 costs of operations both in rural and highly pop2 ulated areas; 

3 (B) on the quality of patient care and out4 comes; and 

5 (C) on competition and safety; and 

6 (3) whether systemic or other problems exist on 

7 a statewide, regional, or national basis with the cur8 rent system governing air ambulances. 

9 (d) REPORT.—Not later than June 1, 2010, the Comp10 troller General shall submit a report to the Secretary of 

11 Transportation, the Senate Committee on Commerce, 

12 Science, and Transportation, and the House of Representa13 tives Committee on Transportation and Infrastructure con14 taining the Government Accountability Office’s findings 

15 and recommendations regarding the study under this sec16 tion. 

17 (e) ADOPTION OF RECOMMENDED POLICY CHANGES.— 

18 Not later than 60 days after the date of receipt of the report 

19 under subsection (d), the Secretary shall issue a report to 

20 the Senate Committee on Commerce, Science, and Trans21 portation, and the House of Representatives Committee on 

22 Transportation and Infrastructure that— 

23 (1) specifies which, if any, policy changes rec24 ommended by the Comptroller General and any other 
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1 policy changes with respect to air ambulances the 

2 Secretary will adopt and implement; and 

3 (2) includes recommendations for legislative 

4 change, if appropriate 

5 (f) PART 135 CERTIFICATE HOLDER DEFINED.—In 

6 this section, the term ‘‘part 135 certificate holder’’ means 

7 a person holding a certificate issued under part 135 of title 

8 14, Code of Federal Regulations. 

9 SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METRO10 POLITAN WASHINGTON AIRPORTS AUTHOR11 ITY. 

12 (a) IN GENERAL.—Section 49108 is repealed. 

13 (b) CONFORMING REPEAL.—The table of sections for 

14 chapter 491 is amended by striking the item relating to sec15 tion 49108. 

16 SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Administrator of the Federal Aviation Ad19 ministration, in consultation with other Federal agencies, 

20 shall submit a report to the Senate Committee on Com21 merce, Science, and Transportation, the House of Rep22 resentatives Committee on Science and Technology, and the 

23 House of Representatives Committee on Energy and Com24 merce that identifies— 
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1 (1) the current and anticipated need over the 

2 next decade by civil aviation, including equipment 

3 manufacturers, for aeronautical mobile telemetry serv4 ices; and 

5 (2) the potential impact to the aerospace indus6 try of the introduction of a new radio service oper7 ating in the same spectrum allocated to the aero8 nautical mobile telemetry service. 

9 SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RE10 SOURCE MANAGEMENT TECHNIQUES. 

11 (a) STUDY.—The Administrator of the Federal Avia12 tion Administration shall conduct a study on aviation in13 dustry best practices with regard to flightcrew member 

14 pairing, crew resource management techniques, and pilot 

15 commuting. 

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

17 of enactment of this Act, the Administrator shall submit 

18 a report to the House of Representatives Committee on 

19 Transportation and Infrastructure and the Senate Com20 mittee on Commerce, Science, and Transportation on the 

21 results of the study. 
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1 SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE, 

2 REDUNDANT, OR OTHERWISE UNNECESSARY 

3 REPORTS; USE OF ELECTRONIC MEDIA FOR4 MAT. 

5 (a) CONSOLIDATION OR ELIMINATION OF REPORTS.— 

6 No later than 2 years after the date of enactment of this 

7 Act, and every 2 years thereafter, the Administrator of the 

8 Federal Aviation Administration shall submit a report to 

9 the Senate Committee on Commerce, Science, and Trans10 portation and the House of Representatives Committee on 

11 Transportation and Infrastructure containing— 

12 (1) a list of obsolete, redundant, or otherwise un13 necessary reports the Administration is required by 

14 law to submit to the Congress or publish that the Ad15 ministrator recommends eliminating or consolidating 

16 with other reports; and 

17 (2) an estimate of the cost savings that would re18 sult from the elimination or consolidation of those re19 ports. 

20 (b) USE OF ELECTRONIC MEDIA FOR REPORTS.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the Federal Aviation Administra23 tion— 

24 (A) may not publish any report required or 

25 authorized by law in printed format; and 
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1 (B) shall publish any such report by post2 ing it on the Administration’s website in an eas3 ily accessible and downloadable electronic for4 mat. 

5 (2) EXCEPTION.—Paragraph (1) does not apply 

6 to any report with respect to which the Administrator 

7 determines that— 

8 (A) its publication in printed format is es9 sential to the mission of the Federal Aviation 

10 Administration; or 

11 (B) its publication in accordance with the 

12 requirements of paragraph (1) would disclose 

13 matter— 

14 (i) described in section 552(b) of title 

15 5, United States Code; or 

16 (ii) the disclosure of which would have 

17 an adverse impact on aviation safety or se18 curity, as determined by the Administrator. 

19 SEC. 722. LINE CHECK EVALUATIONS. 

20 Section 44729(h) is amended— 

21 (1) by striking paragraph (2); and 

22 (2) by redesignating paragraph (3) as para23 graph (2). 
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1 SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAF2 FIC CONTROL TOWER. 

3 Not later than 90 days after the date of the enactment 

4 of this Act, the Administrator of the Federal Aviation Ad5 ministration shall report to the Committee on Commerce, 

6 Science, and Transportation of the Senate, and the Com7 mittee on Transportation and Infrastructure of the House 

8 of Representatives, on the Federal Aviation Administra9 tion’s plan to staff the Newark Liberty Airport air traffic 

10 control tower at negotiated staffing levels within 1 year 

11 after such date of enactment. 

12 SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS 

13 IN COLD WEATHER STATES. 

14 The Administrator of the Federal Aviation Adminis15 tration shall, to the maximum extent practicable, schedule 

16 the Administrator’s review of construction projects so that 

17 projects to be carried out in States in which the weather 

18 during a typical calendar year prevents major construction 

19 projects from being carried out before May 1 are reviewed 

20 as early as possible. 

21 SEC. 725. AIR-RAIL CODESHARE STUDY. 

22 (a) CODESHARE STUDY.—Not later than 180 days 

23 after the date of the enactment of this Act, the GAO shall 

24 conduct a study of— 

25 (1) the current airline and intercity passenger 

26 rail codeshare arrangements; 
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1 (2) the feasibility and costs to taxpayers and 

2 passengers of increasing intermodal connectivity of 

3 airline and intercity passenger rail facilities and sys4 tems to improve passenger travel. 

5 (b) CONSIDERATIONS.—The study shall consider— 

6 (1) the potential benefits to passengers and costs 

7 to taxpayers from the implementation of more inte8 grated scheduling between airlines and Amtrak or 

9 other intercity passenger rail carriers achieved 

10 through codesharing arrangements; 

11 (2) airport operations that can improve 

12 connectivity to intercity passenger rail facilities and 

13 stations. 

14 (c) REPORT.—Not later than 1 year after commencing 

15 the study required by subsection (a), the Comptroller shall 

16 submit the report to the Committee on Commerce, Science, 

17 and Transportation of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives. The report shall include any conclusions of the 

20 Comptroller resulting from the study. 

21 SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE 

22 NEW YORK/NEW JERSEY/PHILADELPHIA MET23 ROPOLITAN AREA AIRSPACE REDESIGN. 

24 Not later than 270 days after the date of the enactment 

25 of this Act and every 180 days thereafter until the comple-
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1 tion of the New York/New Jersey/Philadelphia Metropolitan 

2 Area Airspace Redesign, the Administrator of the Federal 

3 Aviation Administration shall, in conjunction with the 

4 Port Authority of New York and New Jersey and the Phila5 delphia International Airport— 

6 (1) monitor the air noise impacts of the New 

7 York/New Jersey/Philadelphia Metropolitan Area Air8 space Redesign; and 

9 (2) submit to Congress a report on the findings 

10 of the Administrator with respect to the monitoring 

11 described in paragraph (1). 

12 SEC. 727. STUDY ON AVIATION FUEL PRICES. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Comptroller General 

15 of the United States shall conduct a study and report to 

16 Congress on the impact of increases in aviation fuel prices 

17 on the Airport and Airway Trust Fund and the aviation 

18 industry in general. The study shall include the impact of 

19 increases in aviation fuel prices on— 

20 (1) general aviation; 

21 (2) commercial passenger aviation; 

22 (3) piston aircraft purchase and use; 

23 (4) the aviation services industry, including re24 pair and maintenance services; 

25 (5) aviation manufacturing; 
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1 (6) aviation exports; and 

2 (7) the use of small airport installations. 

3 (b) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.— 

4 In conducting the study required by subsection (a), the 

5 Comptroller General shall use the average aviation fuel 

6 price for fiscal year 2010 as a baseline and measure the 

7 impact of increases in aviation fuel prices that range from 

8 5 percent to 200 percent over the 2010 baseline. 

9 SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA SUP10 PLEMENTAL AIRPORT. 

11 (a) DEFINITIONS.—In this section: 

12 (1) COUNTY.—The term ‘‘County’’ means Clark 

13 County, Nevada. 

14 (2) PUBLIC LAND.—The term ‘‘public land’’ 

15 means the land located at— 

16 (A) sec. 23 and sec. 26, T. 26 S., R. 59 E., 

17 Mount Diablo Meridian; 

(B) the NE 1⁄4 and the N 1⁄2 of the SE 1 18 ⁄4

19 of sec. 6, T. 25 S., R. 59 E., Mount Diablo Meridian, together with the SE 1 20 ⁄4 of sec. 31, T. 24 

21 S., R. 59 E., Mount Diablo Meridian; and 

22 (C) sec. 8, T. 26 S., R. 60 E., Mount Diablo 

23 Meridian. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 
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1 (b) LAND CONVEYANCE.— 

2 (1) IN GENERAL.—As soon as practicable after 

3 the date described in paragraph (2), subject to valid 

4 existing rights, and notwithstanding the land use 

5 planning requirements of sections 202 and 203 of the 

6 Federal Land Policy and Management Act of 1976 

7 (43 U.S.C. 1712, 1713), the Secretary shall convey to 

8 the County, without consideration, all right, title, and 

9 interest of the United States in and to the public 

10 land. 

11 (2) DATE ON WHICH CONVEYANCE MAY BE

12 MADE.—The Secretary shall not make the conveyance 

13 described in paragraph (1) until the later of the date 

14 on which the Administrator of the Federal Aviation 

15 Administration has— 

16 (A) approved an airport layout plan for an 

17 airport to be located in the Ivanpah Valley; and 

18 (B) with respect to the construction and op19 eration of an airport on the site conveyed to the 

20 County pursuant to section 2(a) of the Ivanpah 

21 Valley Airport Public Lands Transfer Act (Pub22 lic Law 106–362; 114 Stat. 1404), issued a 

23 record of decision after the preparation of an en24 vironmental impact statement or similar anal-
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1 ysis required under the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

3 (3) WITHDRAWAL.—Subject to valid existing 

4 rights, the public land to be conveyed under para5 graph (1) is withdrawn from— 

6 (A) location, entry, and patent under the 

7 mining laws; and 

8 (B) operation of the mineral leasing and 

9 geothermal leasing laws. 

10 (4) USE.—The public land conveyed under para11 graph (1) shall be used for the development of flood 

12 mitigation infrastructure for the Southern Nevada 

13 Supplemental Airport. 

14 SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUN15 TEER PILOTS OPERATING CHARITABLE MED16 ICAL FLIGHTS. 

17 In administering part 61.113(c) of title 14, Code of 

18 Federal Regulations, the Administrator of the Federal Avia19 tion Administration shall allow an aircraft owner or air20 craft operator who has volunteered to provide transpor21 tation for an individual or individuals for medical pur22 poses to accept reimbursement to cover all or part of the 

23 fuel costs associated with the operation from a volunteer 

24 pilot organization. 
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1 SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS 

2 OXIDE, OR OTHER OXIDIZING GASES. 

3 (a) IN GENERAL.—The transportation within Alaska 

4 of cylinders of compressed oxygen, nitrous oxide, or other 

5 oxidizing gases aboard aircraft shall be exempt from com6 pliance with the requirements, under sections 173.302(f)(3) 

7 and (f)(4) and 173.304(f)(3) and (f)(4) of the Pipeline and 

8 Hazardous Material Safety Administration’s regulations 

9 (49 C.F.R. 173.302(f)(3) and (f)(4) and 173.304(f)(3) and 

10 (f)(4)), that oxidizing gases transported aboard aircraft be 

11 enclosed in outer packaging capable of passing the flame 

12 penetration and resistance test and the thermal resistance 

13 test, without regard to the end use of the cylinders, if— 

14 (1) there is no other practical means of transpor15 tation for transporting the cylinders to their destina16 tion and transportation by ground or vessel is un17 available; and 

18 (2) the transportation meets the requirements of 

19 subsection (b). 

20 (b) EXEMPTION REQUIREMENTS.—Subsection (a) shall 

21 not apply to the transportation of cylinders of compressed 

22 oxygen, nitrous oxide, or other oxidizing gases aboard air23 craft unless the following requirements are met: 

24 (1) PACKAGING.— 
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1 (A) SMALLER CYLINDERS.—Each cylinder 

2 with a capacity of not more than 116 cubic feet 

3 shall be— 

4 (i) fully covered with a fire or flame 

5 resistant blanket that is secured in place; 

6 and 

7 (ii) placed in a rigid outer packaging 

8 or an ATA 300 Category 1 shipping con9 tainer. 

10 (B) LARGER CYLINDERS.—Each cylinder 

11 with a capacity of more than 116 cubic feet but 

12 not more than 281 cubic feet shall be— 

13 (i) secured within a frame; 

14 (ii) fully covered with a fire or flame 

15 resistant blanket that is secured in place; 

16 and 

17 (iii) fitted with a securely attached 

18 metal cap of sufficient strength to protect 

19 the valve from damage during transpor20 tation. 

21 (2) OPERATIONAL CONTROLS.— 

22 (A) STORAGE; ACCESS TO FIRE EXTIN23 GUISHERS.—Unless the cylinders are stored in a 

24 Class C cargo compartment or its equivalent on 

25 the aircraft, crew members shall have access to 
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1 the cylinders and at least 2 fire extinguishers 

2 shall be readily available for use by the crew 

3 members. 

4 (B) SHIPMENT WITH OTHER HAZARDOUS

5 MATERIALS.—The cylinders may not be trans6 ported in the same aircraft with other hazardous 

7 materials other than Division 2.2 materials with 

8 no subsidiary risk, Class 9 materials, and ORM– 

9 D materials. 

10 (3) AIRCRAFT REQUIREMENTS.— 

11 (A) AIRCRAFT TYPE.—The transportation 

12 shall be provided only aboard a passenger-car13 rying aircraft or a cargo aircraft. 

14 (B) PASSENGER-CARRYING AIRCRAFT.— 

15 (i) SMALLER CYLINDERS ONLY.—A cyl16 inder with a capacity of more than 116 

17 cubic feet may not be transported aboard a 

18 passenger-carrying aircraft. 

19 (ii) MAXIMUM NUMBER.—Unless trans20 ported in a Class C cargo compartment or 

21 its equivalent, no more than 6 cylinders in 

22 each cargo compartment may be trans23 ported aboard a passenger-carrying air24 craft. 
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1 (C) CARGO AIRCRAFT.—A cylinder may not 

2 be transported aboard a cargo aircraft unless it 

3 is transported in a Class B cargo compartment 

4 or a Class C cargo compartment or its equiva5 lent. 

6 (c) DEFINITIONS.—Terms used in this section shall 

7 have the meaning given those terms in parts 106, 107, and 

8 171 through 180 of the Pipeline and Hazardous Material 

9 Safety Administration’s regulations (49 C.F.R. parts 106, 

10 107, and 171–180). 

11 SEC. 731. TECHNICAL CORRECTION. 

12 Section 159(b)(2)(C) of title I of division A of the Con13 solidated Appropriations Act, 2010, is amended by striking 

14 clauses (i) and (ii) and inserting the following: 

15 ‘‘(i) requiring inspections of any con16 tainer containing a firearm or ammuni17 tion; and 

18 ‘‘(ii) the temporary suspension of fire19 arm carriage service if credible intelligence 

20 information indicates a threat related to the 

21 national rail system or specific routes or 

22 trains.’’. 
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1 SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON 

2 COMMERCIAL FLIGHTS. 

3 (a) PLAN DEVELOPMENT.—Not later than 270 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Transportation and the Secretary of Commerce, in con6 sultation with interested representatives of the aviation in7 dustry and other relevant agencies, shall develop a plan and 

8 process to allow Federal agencies to fly scientific instru9 ments on commercial flights with airlines who volunteer, 

10 for the purpose of taking measurements to improve weather 

11 forecasting. 

12 TITLE VIII—AIRPORT AND AIR13 WAY TRUST FUND PROVI14 SIONS AND RELATED TAXES 

15 SEC. 800. AMENDMENT OF 1986 CODE. 

16 Except as otherwise expressly provided, whenever in 

17 this title an amendment or repeal is expressed in terms of 

18 an amendment to, or repeal of, a section or other provision, 

19 the reference shall be considered to be made to a section or 

20 other provision of the Internal Revenue Code of 1986. 

21 SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND 

22 AIRWAY TRUST FUND. 

23 (a) FUEL TAXES.—Subparagraph (B) of section 

24 4081(d)(2) is amended by striking ‘‘March 31, 2010’’ and 

25 inserting ‘‘September 30, 2013’’. 

26 (b) TICKET TAXES.— 
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1 (1) PERSONS.—Clause (ii) of section 

2 4261(j)(1)(A) is amended by striking ‘‘March 31, 

3 2010’’ and inserting ‘‘September 30, 2013’’. 

4 (2) PROPERTY.—Clause (ii) of section 

5 4271(d)(1)(A) is amended by striking ‘‘March 31, 

6 2010’’ and inserting ‘‘September 30, 2013’’. 

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

8 section shall take effect on April 1, 2010. 

9 SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST 

10 FUND EXPENDITURE AUTHORITY. 

11 (a) IN GENERAL.—Paragraph (1) of section 9502(d) 

12 is amended— 

13 (1) by striking ‘‘April 1, 2010’’ in the matter 

14 preceding subparagraph (A) and inserting ‘‘October 

15 1, 2013’’, and 

16 (2) by striking the semicolon at the end of sub17 paragraph (A) and inserting ‘‘or the FAA Air Trans18 portation Modernization and Safety Improvement 

19 Act;’’. 

20 (b) CONFORMING AMENDMENT.—Paragraph (2) of sec21 tion 9502(e) is amended by striking ‘‘April 1, 2010’’ and 

22 inserting ‘‘October 1, 2013’’. 

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

24 section shall take effect on April 1, 2010. 
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1 SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE 

2 USED IN AVIATION. 

3 (a) RATE OF TAX ON AVIATION-GRADE KEROSENE.— 

4 (1) IN GENERAL.—Subparagraph (A) of section 

5 4081(a)(2) (relating to rates of tax) is amended by 

6 striking ‘‘and’’ at the end of clause (ii), by striking 

7 the period at the end of clause (iii) and inserting ‘‘, 

8 and’’, and by adding at the end the following new 

9 clause: 

10 ‘‘(iv) in the case of aviation-grade ker11 osene, 35.9 cents per gallon.’’. 

12 (2) FUEL REMOVED DIRECTLY INTO FUEL TANK

13 OF AIRPLANE USED IN NONCOMMERCIAL AVIATION.— 

14 Subparagraph (C) of section 4081(a)(2) is amended 

15 to read as follows: 

16 ‘‘(C) TAXES IMPOSED ON FUEL USED IN

17 COMMERCIAL AVIATION.—In the case of aviation18 grade kerosene which is removed from any refin19 ery or terminal directly into the fuel tank of an 

20 aircraft for use in commercial aviation by a per21 son registered for such use under section 4101, 

22 the rate of tax under subparagraph (A)(iv) shall 

23 be 4.3 cents per gallon.’’. 

24 (3) EXEMPTION FOR AVIATION-GRADE KEROSENE

25 REMOVED INTO AN AIRCRAFT.—Subsection (e) of sec26 tion 4082 is amended— 
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1 (A) by striking ‘‘kerosene’’ and inserting 

2 ‘‘aviation-grade kerosene’’, 

3 (B) by striking ‘‘section 4081(a)(2)(A)(iii)’’ 

4 and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and 

5 (C) by striking ‘‘KEROSENE’’ in the heading 

6 and inserting ‘‘AVIATION-GRADE KEROSENE’’. 

7 (4) CONFORMING AMENDMENTS.— 

8 (A) Clause (iii) of section 4081(a)(2)(A) is 

9 amended by inserting ‘‘other than aviation-grade 

10 kerosene’’ after ‘‘kerosene’’. 

11 (B) The following provisions are each 

12 amended by striking ‘‘kerosene’’ and inserting 

13 ‘‘aviation-grade kerosene’’: 

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

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

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

17 (C) Section 4081(a)(3)(D) is amended— 

18 (i) by striking ‘‘paragraph (2)(C)(i)’’ 

19 in clause (i) and inserting ‘‘paragraph 

20 (2)(C)’’, and 

21 (ii) by striking ‘‘paragraph (2)(C)(ii)’’ 

22 in clause (ii) and inserting ‘‘paragraph 

23 (2)(A)(iv)’’. 

24 (D) Section 4081(a)(4) is amended— 
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1 (i) in the heading by striking ‘‘KER2 OSENE’’ and inserting ‘‘AVIATION-GRADE

3 KEROSENE’’, and 

4 (ii) by striking ‘‘paragraph (2)(C)(i)’’ 

5 and inserting ‘‘paragraph (2)(C)’’. 

6 (E) Section 4081(d)(2) is amended by strik7 ing ‘‘(a)(2)(C)(ii)’’ and inserting 

8 ‘‘(a)(2)(A)(iv)’’. 

9 (b) RETAIL TAX ON AVIATION FUEL.— 

10 (1) EXEMPTION FOR PREVIOUSLY TAXED

11 FUEL.—Paragraph (2) of section 4041(c) is amended 

12 by inserting ‘‘at the rate specified in subsection 

13 (a)(2)(A)(iv) thereof’’ after ‘‘section 4081’’. 

14 (2) RATE OF TAX.—Paragraph (3) of section 

15 4041(c) is amended to read as follows: 

16 ‘‘(3) RATE OF TAX.—The rate of tax imposed by 

17 this subsection shall be the rate of tax in effect under 

18 section 4081(a)(2)(A)(iv) (4.3 cents per gallon with 

19 respect to any sale or use for commercial aviation).’’. 

20 (c) REFUNDS RELATING TO AVIATION-GRADE KER21 OSENE.— 

22 (1) KEROSENE USED IN COMMERCIAL AVIA23 TION.—Clause (ii) of section 6427(l)(4)(A) is amend24 ed by striking ‘‘specified in section 4041(c) or 
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1 4081(a)(2)(A)(iii), as the case may be,’’ and inserting 

2 ‘‘so imposed’’. 

3 (2) KEROSENE USED IN AVIATION.—Paragraph 

4 (4) of section 6427(l) is amended— 

5 (A) by striking subparagraph (B) and re6 designating subparagraph (C) as subparagraph 

7 (B), and 

8 (B) by amending subparagraph (B), as re9 designated by subparagraph (A), to read as fol10 lows: 

11 ‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED

12 VENDOR.—With respect to any kerosene used in 

13 aviation (other than kerosene to which para14 graph (6) applies), if the ultimate purchaser of 

15 such kerosene waives (at such time and in such 

16 form and manner as the Secretary shall pre17 scribe) the right to payment under paragraph 

18 (1) and assigns such right to the ultimate ven19 dor, then the Secretary shall pay (without inter20 est) the amount which would be paid under 

21 paragraph (1) to such ultimate vendor, but only 

22 if such ultimate vendor— 

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

24 and 
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1 ‘‘(ii) meets the requirements of sub2 paragraph (A), (B), or (D) of section 

3 6416(a)(1).’’. 

4 (3) AVIATION-GRADE KEROSENE NOT USED IN

5 AVIATION.—Subsection (l) of section 6427 is amended 

6 by redesignating paragraph (5) as paragraph (6) and 

7 by inserting after paragraph (4) the following new 

8 paragraph: 

9 ‘‘(5) REFUNDS FOR AVIATION-GRADE KEROSENE

10 NOT USED IN AVIATION.—If tax has been imposed 

11 under section 4081 at the rate specified in section 

12 4081(a)(2)(A)(iv) and the fuel is used other than in 

13 an aircraft, the Secretary shall pay (without interest) 

14 to the ultimate purchaser of such fuel an amount 

15 equal to the amount of tax imposed on such fuel re16 duced by the amount of tax that would be imposed 

17 under section 4041 if no tax under section 4081 had 

18 been imposed.’’. 

19 (4) CONFORMING AMENDMENTS.— 

20 (A) Section 4082(d)(2)(B) is amended by 

21 striking ‘‘6427(l)(5)(B)’’ and inserting 

22 ‘‘6427(l)(6)(B)’’. 

23 (B) Section 6427(i)(4) is amended— 

24 (i) by striking ‘‘(4)(C)’’ the first two 

25 places it occurs and inserting ‘‘(4)(B)’’, and 
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1 (ii) by striking ‘‘, (l)(4)(C)(ii), and’’ 

2 and inserting ‘‘and’’. 

3 (C) The heading of section 6427(l) is 

4 amended by striking ‘‘DIESEL FUEL AND KER5 OSENE’’ and inserting ‘‘DIESEL FUEL, KER6 OSENE, AND AVIATION FUEL’’. 

7 (D) Section 6427(l)(1) is amended by strik8 ing ‘‘paragraph (4)(C)(i)’’ and inserting ‘‘para9 graph (4)(B)’’. 

10 (E) Section 6427(l)(4) is amended— 

11 (i) by striking ‘‘KEROSENE USED IN

12 AVIATION’’ in the heading and inserting 

13 ‘‘AVIATION-GRADE KEROSENE USED IN COM14 MERCIAL AVIATION’’, and 

15 (ii) in subparagraph (A)— 

16 (I) by striking ‘‘kerosene’’ and in17 serting ‘‘aviation-grade kerosene’’, 

18 (II) by striking ‘‘KEROSENE USED

19 IN COMMERCIAL AVIATION’’ in the 

20 heading and inserting ‘‘IN GENERAL’’. 

21 (d) TRANSFERS TO THE AIRPORT AND AIRWAY TRUST

22 FUND.— 

23 (1) IN GENERAL.—Subparagraph (C) of section 

24 9502(b)(1) is amended to read as follows: 
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1 ‘‘(C) section 4081 with respect to aviation 

2 gasoline and aviation-grade kerosene, and’’. 

3 (2) TRANSFERS ON ACCOUNT OF CERTAIN RE4 FUNDS.— 

5 (A) IN GENERAL.—Subsection (d) of section 

6 9502 is amended— 

7 (i) in paragraph (2) by striking 

8 ‘‘(other than subsection (l)(4) thereof)’’, and 

9 (ii) in paragraph (3) by striking 

10 ‘‘(other than payments made by reason of 

11 paragraph (4) of section 6427(l))’’. 

12 (B) CONFORMING AMENDMENTS.— 

13 (i) Section 9503(b)(4) is amended by 

14 striking ‘‘or’’ at the end of subparagraph 

15 (C), by striking the period at the end of sub16 paragraph (D) and inserting a comma, and 

17 by inserting after subparagraph (D) the fol18 lowing: 

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

20 to the rate specified in clause (ii) or (iv) of sec21 tion 4081(a)(2)(A), or 

22 ‘‘(F) section 4041(c).’’. 

23 (ii) Section 9503(c) is amended by 

24 striking paragraph (6). 

25 (iii) Section 9502(a) is amended— 
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1 (I) by striking ‘‘appropriated, 

2 credited, or paid into’’ and inserting 

3 ‘‘appropriated or credited to’’, and 

4 (II) by striking ‘‘, section 

5 9503(c)(7),’’. 

6 (e) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to fuels removed, entered, or sold after 

8 June 30, 2010. 

9 (f) FLOOR STOCKS TAX.— 

10 (1) IMPOSITION OF TAX.—In the case of aviation 

11 fuel which is held on July 1, 2010, by any person, 

12 there is hereby imposed a floor stocks tax on aviation 

13 fuel equal to— 

14 (A) the tax which would have been imposed 

15 before such date on such fuel had the amend16 ments made by this section been in effect at all 

17 times before such date, reduced by 

18 (B) the sum of— 

19 (i) the tax imposed before such date on 

20 such fuel under section 4081 of the Internal 

21 Revenue Code of 1986, as in effect on such 

22 date, and 

23 (ii) in the case of kerosene held exclu24 sively for such person’s own use, the amount 

25 which such person would (but for this 
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1 clause) reasonably expect (as of such date) 

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

3 of such Code with respect to such kerosene. 

4 (2) LIABILITY FOR TAX AND METHOD OF PAY5 MENT.— 

6 (A) LIABILITY FOR TAX.—A person holding 

7 aviation fuel on July 1, 2010, shall be liable for 

8 such tax. 

9 (B) TIME AND METHOD OF PAYMENT.—The 

10 tax imposed by paragraph (1) shall be paid at 

11 such time and in such manner as the Secretary 

12 of the Treasury shall prescribe. 

13 (3) TRANSFER OF FLOOR STOCK TAX REVENUES

14 TO TRUST FUNDS.—For purposes of determining the 

15 amount transferred to the Airport and Airway Trust 

16 Fund, the tax imposed by this subsection shall be 

17 treated as imposed by section 4081(a)(2)(A)(iv) of the 

18 Internal Revenue Code of 1986. 

19 (4) DEFINITIONS.—For purposes of this sub20 section— 

21 (A) AVIATION FUEL.—The term ‘‘aviation 

22 fuel’’ means aviation-grade kerosene and avia23 tion gasoline, as such terms are used within the 

24 meaning of section 4081 of the Internal Revenue 

25 Code of 1986. 
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1 (B) HELD BY A PERSON.—Aviation fuel 

2 shall be considered as held by a person if title 

3 thereto has passed to such person (whether or not 

4 delivery to the person has been made). 

5 (C) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of the Treasury or the Sec7 retary’s delegate. 

8 (5) EXCEPTION FOR EXEMPT USES.—The tax 

9 imposed by paragraph (1) shall not apply to any 

10 aviation fuel held by any person exclusively for any 

11 use to the extent a credit or refund of the tax is allow12 able under the Internal Revenue Code of 1986 for such 

13 use. 

14 (6) EXCEPTION FOR CERTAIN AMOUNTS OF

15 FUEL.— 

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

17 by paragraph (1) on any aviation fuel held on 

18 July 1, 2010, by any person if the aggregate 

19 amount of such aviation fuel held by such person 

20 on such date does not exceed 2,000 gallons. The 

21 preceding sentence shall apply only if such per22 son submits to the Secretary (at the time and in 

23 the manner required by the Secretary) such in24 formation as the Secretary shall require for pur25 poses of this subparagraph. 
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1 (B) EXEMPT FUEL.—For purposes of sub2 paragraph (A), there shall not be taken into ac3 count any aviation fuel held by any person 

4 which is exempt from the tax imposed by para5 graph (1) by reason of paragraph (5). 

6 (C) CONTROLLED GROUPS.—For purposes of 

7 this subsection— 

8 (i) CORPORATIONS.— 

9 (I) IN GENERAL.—All persons 

10 treated as a controlled group shall be 

11 treated as 1 person. 

12 (II) CONTROLLED GROUP.—The 

13 term ‘‘controlled group’’ has the mean14 ing given to such term by subsection 

15 (a) of section 1563 of the Internal Rev16 enue Code of 1986; except that for such 

17 purposes the phrase ‘‘more than 50 

18 percent’’ shall be substituted for the 

19 phrase ‘‘at least 80 percent’’ each place 

20 it appears in such subsection. 

21 (ii) NONINCORPORATED PERSONS

22 UNDER COMMON CONTROL.—Under regula23 tions prescribed by the Secretary, principles 

24 similar to the principles of subparagraph 

25 (A) shall apply to a group of persons under 
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1 common control if 1 or more of such persons 

2 is not a corporation. 

3 (7) OTHER LAWS APPLICABLE.—All provisions of 

4 law, including penalties, applicable with respect to 

5 the taxes imposed by section 4081 of the Internal Rev6 enue Code of 1986 on the aviation fuel involved shall, 

7 insofar as applicable and not inconsistent with the 

8 provisions of this subsection, apply with respect to the 

9 floor stock taxes imposed by paragraph (1) to the 

10 same extent as if such taxes were imposed by such sec11 tion. 

12 SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION 

13 ACCOUNT. 

14 (a) IN GENERAL.—Section 9502 (relating to the Air15 port and Airway Trust Fund) is amended by adding at 

16 the end the following new subsection: 

17 ‘‘(f) ESTABLISHMENT OF AIR TRAFFIC CONTROL SYS18 TEM MODERNIZATION ACCOUNT.— 

19 ‘‘(1) CREATION OF ACCOUNT.—There is estab20 lished in the Airport and Airway Trust Fund a sepa21 rate account to be known as the ‘Air Traffic Control 

22 System Modernization Account’ consisting of such 

23 amounts as may be transferred or credited to the Air 

24 Traffic Control System Modernization Account as 

25 provided in this subsection or section 9602(b). 
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1 ‘‘(2) TRANSFERS TO AIR TRAFFIC CONTROL SYS2 TEM MODERNIZATION ACCOUNT.—On October 1, 2010, 

3 and annually thereafter the Secretary shall transfer 

4 $400,000,000 to the Air Traffic Control System Mod5 ernization Account from amounts appropriated to the 

6 Airport and Airway Trust Fund under subsection (b) 

7 which are attributable to taxes on aviation-grade ker8 osene. 

9 ‘‘(3) EXPENDITURES FROM ACCOUNT.—Amounts 

10 in the Air Traffic Control System Modernization Ac11 count shall be available subject to appropriation for 

12 expenditures relating to the modernization of the air 

13 traffic control system (including facility and equip14 ment account expenditures).’’. 

15 (b) CONFORMING AMENDMENT.—Section 9502(d)(1) is 

16 amended by striking ‘‘Amounts’’ and inserting ‘‘Except as 

17 provided in subsection (f), amounts’’. 

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

19 section shall take effect on the date of the enactment of this 

20 Act. 

21 SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNER22 SHIP PROGRAMS. 

23 (a) FUEL SURTAX.— 
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1 (1) IN GENERAL.—Subchapter B of chapter 31 is 

2 amended by adding at the end the following new sec3 tion: 

4 ‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF 

5 A FRACTIONAL OWNERSHIP PROGRAM. 

6 ‘‘(a) IN GENERAL.—There is hereby imposed a tax on 

7 any liquid used during any calendar quarter by any person 

8 as a fuel in an aircraft which is— 

9 ‘‘(1) registered in the United States, and 

10 ‘‘(2) part of a fractional ownership aircraft pro11 gram. 

12 ‘‘(b) AMOUNT OF TAX.—The rate of tax imposed by 

13 subsection (a) is 14.1 cents per gallon. 

14 ‘‘(c) FRACTIONAL OWNERSHIP AIRCRAFT PROGRAM.— 

15 For purposes of this section— 

16 ‘‘(1) IN GENERAL.—The term ‘fractional owner17 ship aircraft program’ means a program under 

18 which— 

19 ‘‘(A) a single fractional ownership program 

20 manager provides fractional ownership program 

21 management services on behalf of the fractional 

22 owners, 

23 ‘‘(B) 2 or more airworthy aircraft are part 

24 of the program, 
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1 ‘‘(C) there are 1 or more fractional owners 

2 per program aircraft, with at least 1 program 

3 aircraft having more than 1 owner, 

4 ‘‘(D) each fractional owner possesses at least 

5 a minimum fractional ownership interest in 1 or 

6 more program aircraft, 

7 ‘‘(E) there exists a dry-lease exchange ar8 rangement among all of the fractional owners, 

9 and 

10 ‘‘(F) there are multi-year program agree11 ments covering the fractional ownership, frac12 tional ownership program management services, 

13 and dry-lease aircraft exchange aspects of the 

14 program. 

15 ‘‘(2) MINIMUM FRACTIONAL OWNERSHIP INTER16 EST.— 

17 ‘‘(A) IN GENERAL.—The term ‘minimum 

18 fractional ownership interest’ means, with re19 spect to each type of aircraft— 

20 ‘‘(i) a fractional ownership interest 

equal to or greater than 1 21 ⁄16 of at least 1 

22 subsonic, fixed wing or powered lift pro23 gram aircraft, or 
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1 ‘‘(ii) a fractional ownership interest 

equal to or greater than 1 2 ⁄32 of a least 1 

3 rotorcraft program aircraft. 

4 ‘‘(B) FRACTIONAL OWNERSHIP INTEREST.— 

5 The term ‘fractional ownership interest’ means— 

6 ‘‘(i) the ownership of an interest in a 

7 program aircraft, 

8 ‘‘(ii) the holding of a multi-year lease9 hold interest in a program aircraft, or 

10 ‘‘(iii) the holding of a multi-year lease11 hold interest which is convertible into an 

12 ownership interest in a program aircraft. 

13 ‘‘(3) DRY-LEASE EXCHANGE ARRANGEMENT.—A 

14 ‘dry-lease aircraft exchange’ means an agreement, 

15 documented by the written program agreements, 

16 under which the program aircraft are available, on 

17 an as needed basis without crew, to each fractional 

18 owner. 

19 ‘‘(d) TERMINATION.—This section shall not apply to 

20 liquids used as a fuel in an aircraft after September 30, 

21 2013.’’. 

22 (2) CONFORMING AMENDMENT.—Section 4082(e) 

23 is amended by inserting ‘‘(other than an aircraft de24 scribed in section 4043(a))’’ after ‘‘an aircraft’’. 
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1 (3) TRANSFER OF REVENUES TO AIRPORT AND

2 AIRWAY TRUST FUND.—Section 9502(b)(1) is amend3 ed by redesignating subparagraphs (B) and (C) as 

4 subparagraphs (C) and (D), respectively, and by in5 serting after subparagraph (A) the following new sub6 paragraph: 

7 ‘‘(B) section 4043 (relating to surtax on fuel 

8 used in aircraft part of a fractional ownership 

9 program),’’. 

10 (4) CLERICAL AMENDMENT.—The table of sec11 tions for subchapter B of chapter 31 is amended by 

12 adding at the end the following new item: 

‘‘Sec. 4043. Surtax on fuel used in aircraft part of a fractional ownership program.’’. 

13 (b) FRACTIONAL OWNERSHIP PROGRAMS TREATED AS

14 NON-COMMERCIAL AVIATION.—Subsection (b) of section 

15 4083 is amended by adding at the end the following new 

16 sentence: ‘‘For uses of aircraft before October 1, 2013, such 

17 term shall not include the use of any aircraft which is part 

18 of a fractional ownership aircraft program (as defined by 

19 section 4043(c)).’’. 

20 (c) EXEMPTION FROM TAX ON TRANSPORTATION OF

21 PERSONS.—Section 4261, as amended by this Act, is 

22 amended by redesignating subsection (j) as subsection (k) 

23 and by inserting after subsection (i) the following new sub24 section: 
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1 ‘‘(j) EXEMPTION FOR AIRCRAFT IN FRACTIONAL OWN2 ERSHIP AIRCRAFT PROGRAMS.—No tax shall be imposed by 

3 this section or section 4271 on any air transportation pro4 vided before October 1, 2013, by an aircraft which is part 

5 of a fractional ownership aircraft program (as defined by 

6 section 4043(c)).’’. 

7 (d) EFFECTIVE DATES.— 

8 (1) SUBSECTION (a).—The amendments made by 

9 subsection (a) shall apply to fuel used after June 30, 

10 2010. 

11 (2) SUBSECTION (b).—The amendment made by 

12 subsection (b) shall apply to uses of aircraft after 

13 June 30, 2010. 

14 (3) SUBSECTION (c).—The amendments made by 

15 subsection (c) shall apply to taxable transportation 

16 provided after June 30, 2010. 

17 SEC. 806. TERMINATION OF EXEMPTION FOR SMALL AIR18 CRAFT ON NONESTABLISHED LINES. 

19 (a) IN GENERAL.—Section 4281 is amended to read 

20 as follows: 

21 ‘‘SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY FOR 

22 SIGHTSEEING. 

23 ‘‘The taxes imposed by sections 4261 and 4271 shall 

24 not apply to transportation by an aircraft having a max25 imum certificated takeoff weight of 6,000 pounds or less at 
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1 any time during which such aircraft is being operated on 

2 a flight the sole purpose of which is sightseeing. For pur3 poses of the preceding sentence, the term ‘maximum certifi4 cated takeoff weight’ means the maximum such weight con5 tained in the type certificate or airworthiness certificate.’’. 

6 (b) CONFORMING AMENDMENT.—The item relating to 

7 section 4281 in the table of sections for part III of sub8 chapter C of chapter 33 is amended by striking ‘‘on non9 established lines’’ and inserting ‘‘operated solely for sight10 seeing’’. 

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

12 section shall apply to taxable transportation provided after 

13 June 30, 2010. 

14 SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLO15 SURES. 

16 (a) IN GENERAL.—Section 7275 (relating to penalty 

17 for offenses relating to certain airline tickets and adver18 tising) is amended— 

19 (1) by redesignating subsection (c) as subsection 

20 (d), 

21 (2) by striking ‘‘subsection (a) or (b)’’ in sub22 section (d), as so redesignated, and inserting ‘‘sub23 section (a), (b), or (c)’’, and 

24 (3) by inserting after subsection (b) the following 

25 new subsection: 
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1 ‘‘(c) NON-TAX CHARGES.— 

2 ‘‘(1) IN GENERAL.—In the case of transportation 

3 by air for which disclosure on the ticket or adver4 tising for such transportation of the amounts paid for 

5 passenger taxes is required by subsection (a)(2) or 

6 (b)(1)(B), it shall be unlawful for the disclosure of the 

7 amount of such taxes on such ticket or advertising to 

8 include any amounts not attributable to the taxes im9 posed by subsection (a), (b), or (c) of section 4261. 

10 ‘‘(2) INCLUSION IN TRANSPORTATION COST.— 

11 Nothing in this subsection shall prohibit the inclusion 

12 of amounts not attributable to the taxes imposed by 

13 subsection (a), (b), or (c) of section 4261 in the disclo14 sure of the amount paid for transportation as re15 quired by subsection (a)(1) or (b)(1)(A), or in a sepa16 rate disclosure of amounts not attributable to such 

17 taxes.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply to taxable transportation provided after 

20 June 30, 2010. 

21 TITLE IX—BUDGETARY EFFECTS 

22 SEC. 901. BUDGETARY EFFECTS. 

23 The budgetary effects of this Act, for the purpose of 

24 complying with the Statutory Pay-As-You-Go-Act of 2010, 

25 shall be determined by reference to the latest statement titled 
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1 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

2 submitted for printing in the Congressional Record by the 

3 Chairman of the Senate Budget Committee, provided that 

4 such statement has been submitted prior to the vote on pas5 sage. 

6 TITLE X—RESCISSION OF UN7 USED TRANSPORTATION EAR8 MARKS AND GENERAL RE9 PORTING REQUIREMENT 

10 SEC. 1001. DEFINITION. 

11 In this title, the term ‘‘earmark’’ means the following: 

12 (1) A congressionally directed spending item, as 

13 defined in Rule XLIV of the Standing Rules of the 

14 Senate. 

15 (2) A congressional earmark, as defined for pur16 poses of Rule XXI of the Rules of the House of Rep17 resentatives. 

18 SEC. 1002. RESCISSION. 

19 Any earmark of funds provided for the Department of 

20 Transportation with more than 90 percent of the appro21 priated amount remaining available for obligation at the 

22 end of the 9th fiscal year following the fiscal year in which 

23 the earmark was made available is rescinded effective at 

24 the end of that 9th fiscal year, except that the Secretary 

25 of Transportation may delay any such rescission if the Sec-
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1 retary determines that an additional obligation of the ear2 mark is likely to occur during the following 12-month pe3 riod. 

4 SEC. 1003. AGENCY WIDE IDENTIFICATION AND REPORTS. 

5 (a) AGENCY IDENTIFICATION.—Each Federal agency 

6 shall identify and report every project that is an earmark 

7 with an unobligated balance at the end of each fiscal year 

8 to the Director of OMB. 

9 (b) ANNUAL REPORT.—The Director of OMB shall sub10 mit to Congress and publically post on the website of OMB 

11 an annual report that includes— 

12 (1) a listing and accounting for earmarks with 

13 unobligated balances summarized by agency including 

14 the amount of the original earmark, amount of the 

15 unobligated balance, and the year when the funding 

16 expires, if applicable; 

17 (2) the number of rescissions resulting from this 

18 title and the annual savings resulting from this title 

19 for the previous fiscal year; and 

20 (3) a listing and accounting for earmarks pro21 vided for the Department of Transportation scheduled 

22 to be rescinded at the end of the current fiscal year. 

Amend the title so as to read: ‘‘An Act to modernize 

the air traffic control system, improve the safety, reliability, and availability of transportation by air in the 

United States, provide for modernization of the air traffic 
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control system, reauthorize the Federal Aviation Administration, and for other purposes.’’. 

Attest: 

Secretary. 
111TH CONGRESS 

2D SESSION H.R. 1586 

AMENDMENTS