In the House of Representatives, U. S., 

March 25, 2010. 

Resolved, That the House agree to the amendment of the 

Senate to the title of the bill (H.R. 1586) entitled ‘‘An Act 

to impose an additional tax on bonuses received from certain 

TARP recipients.’’ and be it further 

Resolved, That the House agree to the amendment of the 

Senate to the text of the aforesaid bill, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate to the text of the bill, insert 

the following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Aviation Safety and Investment Act of 2010’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Effective date. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

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

and programs. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. FAA operations. 

Sec. 104. Research, engineering, and development. 

Sec. 105. Funding for aviation programs. 
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Subtitle B—Passenger Facility Charges 

Sec. 111. PFC authority. 

Sec. 112. PFC eligibility for bicycle storage. 

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

Sec. 114. Intermodal ground access project pilot program. 

Sec. 115. Participation of disadvantaged business enterprises in contracts, subcontracts, and business opportunities funded using passenger facility revenues and in airport concessions. 

Sec. 116. Impacts on airports of accommodating connecting passengers. 

Subtitle C—Fees for FAA Services 

Sec. 121. Update on overflights. 

Sec. 122. Registration fees. 

Subtitle D—AIP Modifications 

Sec. 131. Amendments to AIP definitions. 

Sec. 132. Solid waste recycling plans. 

Sec. 133. Amendments to grant assurances. 

Sec. 134. Government share of project costs. 

Sec. 135. Amendments to allowable costs. 

Sec. 136. Preference for small business concerns owned and controlled by disabled 

veterans. 

Sec. 137. Airport disadvantaged business enterprise program. 

Sec. 138. Training program for certification of disadvantaged business enterprises. 

Sec. 139. Calculation of State apportionment fund. 

Sec. 140. Reducing apportionments. 

Sec. 141. Minimum amount for discretionary fund. 

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

Sec. 143. Use of apportioned amounts. 

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

Sec. 145. Airport privatization pilot program. 

Sec. 146. Airport security program. 

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

Sec. 148. Extension of grant authority for compatible land use planning and 

projects by State and local governments. 

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

Sec. 150. Midway Island Airport. 

Sec. 151. Puerto Rico minimum guarantee. 

Sec. 152. Miscellaneous amendments. 

Sec. 153. Airport Master Plans. 

TITLE II—NEXT GENERATION AIR TRANSPORTATION SYSTEM AND 

AIR TRAFFIC CONTROL MODERNIZATION 

Sec. 201. Mission statement; sense of Congress. 

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

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

Sec. 204. Automatic dependent surveillance-broadcast services. 

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

Sec. 206. GAO review of challenges associated with transforming to the Next Generation Air Transportation System. 
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Sec. 207. GAO review of Next Generation Air Transportation System acquisition 

and procedures development. 

Sec. 208. DOT inspector general review of operational and approach procedures 

by a third party. 

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

Sec. 210. NextGen technology testbed. 

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

Sec. 212. Definition of air navigation facility. 

Sec. 213. Improved management of property inventory. 

Sec. 214. Clarification to acquisition reform authority. 

Sec. 215. Assistance to foreign aviation authorities. 

Sec. 216. Front line manager staffing. 

Sec. 217. Flight service stations. 

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

Sec. 219. Airspace redesign. 

TITLE III—SAFETY 

Subtitle A—General Provisions 

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

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

Sec. 303. Inspection of foreign repair stations. 

Sec. 304. Runway safety. 

Sec. 305. Improved pilot licenses. 

Sec. 306. Flight crew fatigue. 

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

aircraft. 

Sec. 308. Aircraft surveillance in mountainous areas. 

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

Sec. 310. Noncertificated maintenance providers. 

Sec. 311. Aircraft rescue and firefighting standards. 

Sec. 312. Cockpit smoke. 

Sec. 313. Safety of helicopter air ambulance operations. 

Sec. 314. Feasibility of requiring helicopter pilots to use night vision goggles. 

Sec. 315. Study of helicopter and fixed wing air ambulance services. 

Subtitle B—Unmanned Aircraft Systems 

Sec. 321. Commercial unmanned aircraft systems integration plan. 

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

Sec. 323. Public unmanned aircraft systems. 

Sec. 324. Definitions. 

Subtitle C—Safety and Protections 

Sec. 331. Aviation safety whistleblower investigation office. 

Sec. 332. Modification of customer service initiative. 

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

Sec. 334. Assignment of principal supervisory inspectors. 

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

Sec. 336. Improved voluntary disclosure reporting system. 
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Subtitle D—Airline Safety and Pilot Training Improvement 

Sec. 341. Short title. 

Sec. 342. Definitions. 

Sec. 343. FAA Task Force on Air Carrier Safety and Pilot Training. 

Sec. 344. Implementation of NTSB flight crewmember training recommendations. 

Sec. 345. Secretary of Transportation responses to safety recommendations. 

Sec. 346. FAA pilot records database. 

Sec. 347. FAA rulemaking on training programs. 

Sec. 348. Aviation safety inspectors and operational research analysts. 

Sec. 349. Flight crewmember mentoring, professional development, and leadership. 

Sec. 350. Flight crewmember screening and qualifications. 

Sec. 351. Airline transport pilot certification. 

Sec. 352. Flight schools, flight education, and pilot academic training. 

Sec. 353. Voluntary safety programs. 

Sec. 354. ASAP and FOQA implementation plan. 

Sec. 355. Safety management systems. 

Sec. 356. Disclosure of air carriers operating flights for tickets sold for air transportation. 

Sec. 357. Pilot fatigue. 

Sec. 358. Flight crewmember pairing and crew resource management techniques. 

TITLE IV—AIR SERVICE IMPROVEMENTS 

Sec. 401. Smoking prohibition. 

Sec. 402. Monthly air carrier reports. 

Sec. 403. Flight operations at Reagan National Airport. 

Sec. 404. EAS contract guidelines. 

Sec. 405. Essential air service reform. 

Sec. 406. Small community air service. 

Sec. 407. Air passenger service improvements. 

Sec. 408. Contents of competition plans. 

Sec. 409. Extension of competitive access reports. 

Sec. 410. Contract tower program. 

Sec. 411. Airfares for members of the Armed Forces. 

Sec. 412. Repeal of essential air service local participation program. 

Sec. 413. Adjustment to subsidy cap to reflect increased fuel costs. 

Sec. 414. Notice to communities prior to termination of eligibility for subsidized 

essential air service. 

Sec. 415. Restoration of eligibility to a place determined by the Secretary to be 

ineligible for subsidized essential air service. 

Sec. 416. Office of Rural Aviation. 

Sec. 417. Adjustments to compensation for significantly increased costs. 

Sec. 418. Review of air carrier flight delays, cancellations, and associated causes. 

Sec. 419. European Union rules for passenger rights. 

Sec. 420. Establishment of advisory committee for aviation consumer protection. 

Sec. 421. Denied boarding compensation. 

Sec. 422. Compensation for delayed baggage. 

Sec. 423. Schedule reduction. 

Sec. 424. Expansion of DOT airline consumer complaint investigations. 

Sec. 425. Prohibitions against voice communications using mobile communications devices on scheduled flights. 

Sec. 426. Antitrust exemptions. 

Sec. 427. Musical instruments. 
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TITLE V—ENVIRONMENTAL STEWARDSHIP AND STREAMLINING 

Sec. 501. Amendments to air tour management program. 

Sec. 502. State block grant program. 

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

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

Sec. 505. Determination of fair market value of residential properties. 

Sec. 506. Soundproofing of residences. 

Sec. 507. CLEEN research, development, and implementation partnership. 

Sec. 508. Prohibition on operating certain aircraft weighing 75,000 pounds or 

less not complying with stage 3 noise levels. 

Sec. 509. Environmental mitigation pilot program. 

Sec. 510. Aircraft departure queue management pilot program. 

Sec. 511. High performance and sustainable air traffic control facilities. 

Sec. 512. Regulatory responsibility for aircraft engine noise and emissions standards. 

Sec. 513. Cabin air quality technology. 

Sec. 514. Sense of Congress. 

Sec. 515. Airport noise compatibility planning study, Port Authority of New 

York and New Jersey. 

Sec. 516. GAO study on compliance with FAA record of decision. 

Sec. 517. Westchester County Airport, New York. 

Sec. 518. Aviation noise complaints. 

TITLE VI—FAA EMPLOYEES AND ORGANIZATION 

Sec. 601. Federal Aviation Administration personnel management system. 

Sec. 602. Merit system principles and prohibited personnel practices. 

Sec. 603. Applicability of back pay requirements. 

Sec. 604. FAA technical training and staffing. 

Sec. 605. Designee program. 

Sec. 606. Staffing model for aviation safety inspectors. 

Sec. 607. Safety critical staffing. 

Sec. 608. FAA air traffic controller staffing. 

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

Sec. 610. Collegiate training initiative study. 

Sec. 611. FAA Task Force on Air Traffic Control Facility Conditions. 

TITLE VII—AVIATION INSURANCE 

Sec. 701. General authority. 

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

Sec. 703. Clarification of reinsurance authority. 

Sec. 704. Use of independent claims adjusters. 

Sec. 705. Extension of program authority. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Air carrier citizenship. 

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

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

Sec. 804. Clarification of air carrier fee disputes. 

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

Sec. 806. Express carrier employee protection. 

Sec. 807. Consolidation and realignment of FAA facilities. 
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Sec. 808. Accidental death and dismemberment insurance for National Transportation Safety Board employees. 

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

Sec. 810. Lost Nation Airport, Ohio. 

Sec. 811. Pollock Municipal Airport, Louisiana. 

Sec. 812. Human intervention and motivation study program. 

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

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

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

Texas. 

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

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

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

Sec. 819. Cabin temperature and humidity standards study. 

Sec. 820. Civil penalties technical amendments. 

Sec. 821. Study and report on alleviating congestion. 

Sec. 822. Airline personnel training enhancement. 

Sec. 823. Study on Feasibility of Development of a Public Internet Web-based 

Search Engine on Wind Turbine Installation Obstruction. 

Sec. 824. FAA radar signal locations. 

Sec. 825. Wind turbine lighting. 

Sec. 826. Prohibition on use of certain funds. 

Sec. 827. Limiting access to flight decks of all-cargo aircraft. 

Sec. 828. Whistleblowers at FAA. 

Sec. 829. College Point Marine Transfer Station, New York. 

Sec. 830. Pilot training and certification. 

Sec. 831. St. George, Utah. 

Sec. 832. Replacement of terminal radar approach control at Palm Beach International Airport. 

Sec. 833. Santa Monica Airport, California. 

TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 

Sec. 901. Short title. 

Sec. 902. Definitions. 

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

Sec. 904. Research program on runways. 

Sec. 905. Research on design for certification. 

Sec. 906. Centers of excellence. 

Sec. 907. Airport cooperative research program. 

Sec. 908. Unmanned aircraft systems. 

Sec. 909. Research grants program involving undergraduate students. 

Sec. 910. Aviation gas research and development program. 

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

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

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

Sec. 914. Center for excellence in aviation employment. 

TITLE X—AIRPORT AND AIRWAY TRUST FUND FINANCING 

Sec. 1001. Short title. 

Sec. 1002. Extension and modification of taxes funding airport and airway trust 

fund. 
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TITLE XI—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 

2010 

Sec. 1101. Compliance provision. 

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 apply only to fiscal 

10 years beginning after September 30, 2008. 

11 TITLE I—AUTHORIZATIONS 

12 Subtitle A—Funding of FAA 

13 Programs 

14 SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 

15 NOISE COMPATIBILITY PLANNING AND PRO16 GRAMS. 

17 (a) AUTHORIZATION.—Section 48103 is amended— 

18 (1) by striking ‘‘September 30, 2003’’ and insert19 ing ‘‘September 30, 2008’’; and 

20 (2) by striking paragraphs (1) through (6) and 

21 inserting the following: 

22 ‘‘(1) $4,000,000,000 for fiscal year 2010; 

23 ‘‘(2) $4,100,000,000 for fiscal year 2011; and 
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1 ‘‘(3) $4,200,000,000 for fiscal year 2012.’’. 

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

3 amended— 

4 (1) by striking ‘‘The total amounts’’ and insert5 ing ‘‘(a) AVAILABILITY OF AMOUNTS.—The total 

6 amounts’’; and 

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

8 ‘‘(b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

9 Of the amounts made available under subsection (a), 

10 $15,000,000 for each of fiscal years 2010 through 2012 may 

11 be used for carrying out the Airport Cooperative Research 

12 Program. 

13 ‘‘(c) AIRPORTS TECHNOLOGY RESEARCH.—Of the 

14 amounts made available under subsection (a), $19,348,000 

15 for each of fiscal years 2010 through 2012 may be used for 

16 carrying out airports technology research.’’. 

17 (c) OBLIGATIONAL AUTHORITY.—Section 47104(c) is 

18 amended by striking ‘‘September 30, 2009’’ and inserting 

19 ‘‘September 30, 2012’’. 

20 (d) RESCISSION OF UNOBLIGATED BALANCES.—Of the 

21 amounts authorized under sections 48103 and 48112 of title 

22 49, United States Code, for fiscal year 2009, $305,500,000 

23 are hereby rescinded. Of the unobligated balances from 

24 funds available under such sections for fiscal years prior 

25 to fiscal year 2009, $102,000,000 are hereby rescinded. 
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1 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

3 48101(a) is amended by striking paragraphs (1) through 

4 (5) and inserting the following: 

5 ‘‘(1) $3,259,000,000 for fiscal year 2010. 

6 ‘‘(2) $3,353,000,000 for fiscal year 2011. 

7 ‘‘(3) $3,506,000,000 for fiscal year 2012.’’. 

8 (b) USE OF FUNDS.—Section 48101 is amended by 

9 striking subsections (c) through (i) and inserting the fol10 lowing: 

11 ‘‘(c) WAKE VORTEX MITIGATION.—Of amounts appro12 priated under subsection (a), such sums as may be nec13 essary for each of fiscal years 2010 through 2012 may be 

14 used for the development and analysis of wake vortex miti15 gation, including advisory systems. 

16 ‘‘(d) WEATHER HAZARDS.— 

17 ‘‘(1) IN GENERAL.—Of amounts appropriated 

18 under subsection (a), such sums as may be necessary 

19 for each of fiscal years 2010 through 2012 may be 

20 used for the development of in-flight and ground-based 

21 weather threat mitigation systems, including ground 

22 de-icing and anti-icing systems and other systems for 

23 predicting, detecting, and mitigating the effects of cer24 tain weather conditions on both airframes and en25 gines. 
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1 ‘‘(2) SPECIFIC HAZARDS.—Weather conditions 

2 referred to in paragraph (1) include— 

3 ‘‘(A) ground-based icing threats such as ice 

4 pellets and freezing drizzle; 

5 ‘‘(B) oceanic weather, including convective 

6 weather, and other hazards associated with oce7 anic operations (where commercial traffic is high 

8 and only rudimentary satellite sensing is avail9 able) to reduce the hazards presented to commer10 cial aviation, including convective weather ice 

11 crystal ingestion threats; and 

12 ‘‘(C) en route turbulence prediction. 

13 ‘‘(e) SAFETY MANAGEMENT SYSTEMS.—Of amounts 

14 appropriated under subsection (a) and section 106(k)(1), 

15 such sums as may be necessary for each of fiscal years 2010 

16 through 2012 may be used to advance the development and 

17 implementation of safety management systems. 

18 ‘‘(f) RUNWAY INCURSION REDUCTION PROGRAMS.—Of 

19 amounts appropriated under subsection (a), $12,000,000 

20 for fiscal year 2010, $12,000,000 for fiscal year 2011, and 

21 $12,000,000 for fiscal year 2012 may be used for the devel22 opment and implementation of runway incursion reduction 

23 programs. 

24 ‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts appro25 priated under subsection (a), $125,000,000 for fiscal year 
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1 2010, $100,000,000 for 2011, and $50,000,000 for fiscal 

2 year 2012 may be used for the acquisition and installation 

3 of runway status lights. 

4 ‘‘(h) NEXTGEN SYSTEMS DEVELOPMENT PRO5 GRAMS.—Of amounts appropriated under subsection (a), 

6 $102,900,000 for fiscal year 2010, $104,000,000 for fiscal 

7 year 2011, and $105,300,000 for fiscal year 2012 may be 

8 used for systems development activities associated with 

9 NextGen. 

10 ‘‘(i) NEXTGEN DEMONSTRATION PROGRAMS.—Of 

11 amounts appropriated under subsection (a), $30,000,000 

12 for fiscal year 2010, $30,000,000 for fiscal year 2011, and 

13 $30,000,000 for fiscal year 2012 may be used for dem14 onstration activities associated with NextGen. 

15 ‘‘(j) CENTER FOR ADVANCED AVIATION SYSTEM DE16 VELOPMENT.—Of amounts appropriated under subsection 

17 (a), $79,000,000 for fiscal year 2010, $79,000,000 for fiscal 

18 year 2011, and $80,800,000 for fiscal year 2012 may be 

19 used for the Center for Advanced Aviation System Develop20 ment. 

21 ‘‘(k) ADDITIONAL PROGRAMS.—Of amounts appro22 priated under subsection (a), $22,500,000 for fiscal year 

23 2010, $22,500,000 for fiscal year 2011, and $22,500,000 for 

24 fiscal year 2012 may be used for— 
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1 ‘‘(1) system capacity, planning, and improve2 ment; 

3 ‘‘(2) operations concept validation; 

4 ‘‘(3) NAS weather requirements; and 

5 ‘‘(4) Airspace Management Lab.’’. 

6 SEC. 103. FAA OPERATIONS. 

7 (a) IN GENERAL.—Section 106(k)(1) is amended by 

8 striking subparagraphs (A) through (E) and inserting the 

9 following: 

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

11 ‘‘(B) $9,936,259,000 for fiscal year 2011; 

12 and 

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

14 (b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) 

15 is amended— 

16 (1) by striking subparagraph (A) and inserting 

17 the following: 

18 ‘‘(A) Such sums as may be necessary for fis19 cal years 2010 through 2012 to support develop20 ment and maintenance of helicopter approach 

21 procedures, including certification and recertifi22 cation of instrument flight rule, global posi23 tioning system, and point-in-space approaches to 

24 heliports necessary to support all weather, emer25 gency services.’’; 
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1 (2) by striking subparagraphs (B), (C), and (D); 

2 (3) by redesignating subparagraphs (E), (F), 

3 and (G) as subparagraphs (B), (C), and (D), respec4 tively; and 

5 (4) in subparagraphs (B), (C), and (D) (as so 

6 redesignated) by striking ‘‘2004 through 2007’’ and 

7 inserting ‘‘2010 through 2012’’. 

8 (c) AIRLINE DATA AND ANALYSIS.—There is author9 ized to be appropriated to the Secretary of Transportation 

10 out of the Airport and Airway Trust Fund established by 

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

12 U.S.C. 9502) to fund airline data collection and analysis 

13 by the Bureau of Transportation Statistics in the Research 

14 and Innovative Technology Administration of the Depart15 ment of Transportation $6,000,000 for each of fiscal years 

16 2010, 2011, and 2012. 

17 SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

18 Section 48102(a) is amended— 

19 (1) in paragraph (11)— 

20 (A) in subparagraph (K) by inserting 

21 ‘‘and’’ at the end; and 

22 (B) in subparagraph (L) by striking ‘‘and’’ 

23 at the end; 

24 (2) in paragraph (12)(L) by striking ‘‘and’’ at 

25 the end; and 
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1 (3) by striking paragraph (13) and inserting the 

2 following: 

3 ‘‘(13) for fiscal year 2010, $214,587,000, includ4 ing— 

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

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

7 systems; 

8 ‘‘(C) $2,965,000 for advanced materials and 

9 structural safety; 

10 ‘‘(D) $4,921,000 for atmospheric hazards 

11 and digital system safety; 

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

13 ‘‘(F) $2,153,000 for aircraft catastrophic 

14 failure prevention research; 

15 ‘‘(G) $11,000,000 for flightdeck mainte16 nance, system integration, and human factors; 

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

18 analysis; 

19 ‘‘(I) $15,471,000 for air traffic control, tech20 nical operations, and human factors; 

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

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

23 ‘‘(L) $6,236,000 for unmanned aircraft sys24 tems research; 
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1 ‘‘(M) $18,100,000 for the Next Generation 

2 Air Transportation System Joint Planning and 

3 Development Office; 

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

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

6 integration; 

7 ‘‘(P) $8,000,000 for NextGen—Self separa8 tion; 

9 ‘‘(Q) $7,567,000 for NextGen—Weather 

10 technology in the cockpit; 

11 ‘‘(R) $20,278,000 for environment and en12 ergy; 

13 ‘‘(S) $19,700,000 for NextGen—Environ14 mental research—Aircraft technologies, fuels, 

15 and metrics; 

16 ‘‘(T) $1,827,000 for system planning and 

17 resource management; and 

18 ‘‘(U) $3,674,000 for the William J. Hughes 

19 Technical Center Laboratory Facility; 

20 ‘‘(14) for fiscal year 2011, $225,993,000, includ21 ing— 

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

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

24 systems; 
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1 ‘‘(C) $2,975,000 for advanced materials and 

2 structural safety; 

3 ‘‘(D) $4,949,000 for atmospheric hazards 

4 and digital system safety; 

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

6 ‘‘(F) $2,181,000 for aircraft catastrophic 

7 failure prevention research; 

8 ‘‘(G) $12,000,000 for flightdeck mainte9 nance, system integration, and human factors; 

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

11 analysis; 

12 ‘‘(I) $15,715,000 for air traffic control, tech13 nical operations, and human factors; 

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

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

16 ‘‘(L) $6,295,000 for unmanned aircraft sys17 tems research; 

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

19 Air Transportation System Joint Planning and 

20 Development Office; 

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

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

23 integration; 

24 ‘‘(P) $8,300,000 for NextGen—Self separa25 tion; 
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1 ‘‘(Q) $8,345,000 for NextGen—Weather 

2 technology in the cockpit; 

3 ‘‘(R) $27,075,000 for environment and en4 ergy; 

5 ‘‘(S) $20,368,000 for NextGen—Environ6 mental research—Aircraft technologies, fuels, 

7 and metrics; 

8 ‘‘(T) $1,836,000 for system planning and 

9 resource management; and 

10 ‘‘(U) $3,804,000 for the William J. Hughes 

11 Technical Center Laboratory Facility; and 

12 ‘‘(15) for fiscal year 2012, $244,860,000, includ13 ing— 

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

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

16 systems; 

17 ‘‘(C) $2,986,000 for advanced materials and 

18 structural safety; 

19 ‘‘(D) $4,979,000 for atmospheric hazards 

20 and digital system safety; 

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

22 ‘‘(F) $2,192,000 for aircraft catastrophic 

23 failure prevention research; 

24 ‘‘(G) $12,000,000 for flightdeck mainte25 nance, system integration, and human factors; 
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1 ‘‘(H) $12,401,000 for aviation safety risk 

2 analysis; 

3 ‘‘(I) $16,000,000 for air traffic control, tech4 nical operations, and human factors; 

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

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

7 ‘‘(L) $6,400,000 for unmanned aircraft sys8 tems research; 

9 ‘‘(M) $18,100,000 for the Next Generation 

10 Air Transportation System Joint Planning and 

11 Development Office; 

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

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

14 integration; 

15 ‘‘(P) $8,500,000 for NextGen—Self separa16 tion; 

17 ‘‘(Q) $8,569,000 for NextGen—Weather 

18 technology in the cockpit; 

19 ‘‘(R) $44,409,000 for environment and en20 ergy; 

21 ‘‘(S) $20,034,000 for NextGen—Environ22 mental research—Aircraft technologies, fuels, 

23 and metrics; 

24 ‘‘(T) $1,840,000 for system planning and 

25 resource management; and 
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1 ‘‘(U) $3,941,000 for the William J. Hughes 

2 Technical Center Laboratory Facility.’’. 

3 SEC. 105. FUNDING FOR AVIATION PROGRAMS. 

4 (a) AIRPORT AND AIRWAY TRUST FUND GUAR5 ANTEE.—Section 48114(a)(1)(A) is amended to read as fol6 lows: 

7 ‘‘(A) IN GENERAL.—The total budget re8 sources made available from the Airport and 

9 Airway Trust Fund each fiscal year through fis10 cal year 2012 pursuant to sections 48101, 48102, 

11 48103, and 106(k) shall— 

12 ‘‘(i) in fiscal year 2010, be equal to 90 

13 percent of the estimated level of receipts plus 

14 interest credited to the Airport and Airway 

15 Trust Fund for that fiscal year; and 

16 ‘‘(ii) in each of fiscal years 2011 and 

17 2012, be equal to the sum of— 

18 ‘‘(I) 90 percent of the estimated 

19 level of receipts plus interest credited to 

20 the Airport and Airway Trust Fund 

21 for that fiscal year; and 

22 ‘‘(II) the actual level of receipts 

23 plus interest credited to the Airport 

24 and Airway Trust Fund for the second 

25 preceding fiscal year minus the total 
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1 amount made available for obligation 

2 from the Airport and Airway Trust 

3 Fund for the second preceding fiscal 

4 year. 

5 Such amounts may be used only for aviation in6 vestment programs listed in subsection (b).’’. 

7 (b) ADDITIONAL AUTHORIZATIONS OF APPROPRIA8 TIONS FROM THE GENERAL FUND.—Section 48114(a)(2) is 

9 amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 

10 (c) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST

11 DEFINED.—Section 48114(b)(2) is amended— 

12 (1) in the paragraph heading by striking 

13 ‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; and 

14 (2) by striking ‘‘level of receipts plus interest’’ 

15 and inserting ‘‘estimated level of receipts plus inter16 est’’. 

17 (d) ENFORCEMENT OF GUARANTEES.—Section 

18 48114(c)(2) is amended by striking ‘‘2007’’ and inserting 

19 ‘‘2012’’. 

20 Subtitle B—Passenger Facility 

21 Charges 

22 SEC. 111. PFC AUTHORITY. 

23 (a) PFC DEFINED.—Section 40117(a)(5) is amended 

24 to read as follows: 
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1 ‘‘(5) PASSENGER FACILITY CHARGE.—The term 

2 ‘passenger facility charge’ means a charge or fee im3 posed under this section.’’. 

4 (b) INCREASE IN PFC MAXIMUM LEVEL.—Section 

5 40117(b)(4) is amended by striking ‘‘$4.00 or $4.50’’ and 

6 inserting ‘‘$4.00, $4.50, $5.00, $6.00, or $7.00’’. 

7 (c) PILOT PROGRAM FOR PFC AT NONHUB AIR8 PORTS.—Section 40117(l) is amended— 

9 (1) by striking paragraph (7); and 

10 (2) by redesignating paragraph (8) as para11 graph (7). 

12 (d) CORRECTION OF REFERENCES.— 

13 (1) SECTION 40117.—Section 40117 is amend14 ed— 

15 (A) in the section heading by striking 

16 ‘‘fees’’ and inserting ‘‘charges’’; 

17 (B) in the heading for subsection (e) by 

18 striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; 

19 (C) in the heading for subsection (l) by 

20 striking ‘‘FEE’’ and inserting ‘‘CHARGE’’; 

21 (D) in the heading for paragraph (5) of 

22 subsection (l) by striking ‘‘FEE’’ and inserting 

23 ‘‘CHARGE’’; 

24 (E) in the heading for subsection (m) by 

25 striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; 
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1 (F) in the heading for paragraph (1) of sub2 section (m) by striking ‘‘FEES’’ and inserting 

3 ‘‘CHARGES’’; 

4 (G) by striking ‘‘fee’’ each place it appears 

5 (other than the second sentence of subsection 

6 (g)(4)) and inserting ‘‘charge’’; and 

7 (H) by striking ‘‘fees’’ each place it appears 

8 and inserting ‘‘charges’’. 

9 (2) OTHER REFERENCES.—Subtitle VII is 

10 amended by striking ‘‘fee’’ and inserting ‘‘charge’’ 

11 each place it appears in each of the following sections: 

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

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

14 (C) Section 47114(f). 

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

16 (E) Section 47139(b). 

17 (F) Section 47524(e). 

18 (G) Section 47526(2). 

19 SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE. 

20 (a) IN GENERAL.—Section 40117(a)(3) is amended by 

21 adding at the end the following: 

22 ‘‘(H) A project to construct secure bicycle 

23 storage facilities that are to be used by pas24 sengers at the airport and that are in compli25 ance with applicable security standards.’’. 
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1 (b) REPORT TO CONGRESS.—Not later than 1 year 

2 after the date of enactment of this Act, the Administrator 

3 of the Federal Aviation Administration shall submit to 

4 Congress a report on the progress being made by airports 

5 to install bicycle parking for airport customers and airport 

6 employees. 

7 SEC. 113. AWARD OF ARCHITECTURAL AND ENGINEERING 

8 CONTRACTS FOR AIRSIDE PROJECTS. 

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

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

11 (3); 

12 (2) by striking the period at the end of para13 graph (4) and inserting ‘‘; and’’; and 

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

15 ‘‘(5) in the case of an application to finance a 

16 project to meet the airside needs of the airport, the 

17 application includes written assurances, satisfactory 

18 to the Secretary, that each contract and subcontract 

19 for program management, construction management, 

20 planning studies, feasibility studies, architectural 

21 services, preliminary engineering, design, engineering, 

22 surveying, mapping, and related services will be 

23 awarded in the same way that a contract for architec24 tural and engineering services is negotiated under 

25 chapter 11 of title 40 or an equivalent qualifications- 
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1 based requirement prescribed for or by the eligible 

2 agency.’’. 

3 (b) APPLICABILITY.—The amendment made by sub4 section (a) shall apply to an application submitted to the 

5 Secretary of Transportation by an eligible agency under 

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

7 of enactment of this Act. 

8 SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT 

9 PROGRAM. 

10 Section 40117 is amended by adding at the end the 

11 following: 

12 ‘‘(n) PILOT PROGRAM FOR PFC ELIGIBILITY FOR

13 INTERMODAL GROUND ACCESS PROJECTS.— 

14 ‘‘(1) PFC ELIGIBILITY.—Subject to the require15 ments of this subsection, the Secretary shall establish 

16 a pilot program under which the Secretary may au17 thorize, at no more than 5 airports, a passenger facil18 ity charge imposed under subsection (b)(1) or (b)(4) 

19 to be used to finance the eligible cost of an intermodal 

20 ground access project. 

21 ‘‘(2) INTERMODAL GROUND ACCESS PROJECT DE22 FINED.—In this section, the term ‘intermodal ground 

23 access project’ means a project for constructing a local 

24 facility owned or operated by an eligible agency that 

25 is directly and substantially related to the movement 
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1 of passengers or property traveling in air transpor2 tation. 

3 ‘‘(3) ELIGIBLE COSTS.— 

4 ‘‘(A) IN GENERAL.—For purposes of para5 graph (1), the eligible cost of an intermodal 

6 ground access project shall be the total cost of the 

7 project multiplied by the ratio that— 

8 ‘‘(i) the number of individuals pro9 jected to use the project to gain access to or 

10 depart from the airport; bears to 

11 ‘‘(ii) the total number of the individ12 uals projected to use the facility. 

13 ‘‘(B) DETERMINATIONS REGARDING PRO14 JECTED PROJECT USE.— 

15 ‘‘(i) IN GENERAL.—Except as provided 

16 by clause (ii), the Secretary shall determine 

17 the projected use of a project for purposes of 

18 subparagraph (A) at the time the project is 

19 approved under this subsection. 

20 ‘‘(ii) PUBLIC TRANSPORTATION

21 PROJECTS.—In the case of a project ap22 proved under this section to be financed in 

23 part using funds administered by the Fed24 eral Transit Administration, the Secretary 

25 shall use the travel forecasting model for the 
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1 project at the time such project is approved 

2 by the Federal Transit Administration to 

3 enter preliminary engineering to determine 

4 the projected use of the project for purposes 

5 of subparagraph (A).’’. 

6 SEC. 115. PARTICIPATION OF DISADVANTAGED BUSINESS 

7 ENTERPRISES IN CONTRACTS, SUB8 CONTRACTS, AND BUSINESS OPPORTUNITIES 

9 FUNDED USING PASSENGER FACILITY REVE10 NUES AND IN AIRPORT CONCESSIONS. 

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

12 amended by adding at the end the following: 

13 ‘‘(o) PARTICIPATION BY DISADVANTAGED BUSINESS

14 ENTERPRISES.— 

15 ‘‘(1) APPLICABILITY OF REQUIREMENTS.—Except 

16 to the extent otherwise provided by the Secretary, re17 quirements relating to disadvantaged business enter18 prises, as set forth in parts 23 and 26 of title 49, 

19 Code of Federal Regulations (or a successor regula20 tion), shall apply to an airport collecting passenger 

21 facility revenue. 

22 ‘‘(2) REGULATIONS.—The Secretary shall issue 

23 any regulations necessary to implement this sub24 section, including— 
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1 ‘‘(A) goal setting requirements for an eligi2 ble agency to ensure that contracts, subcontracts, 

3 and business opportunities funded using pas4 senger facility revenues, and airport concessions, 

5 are awarded consistent with the levels of partici6 pation of disadvantaged business enterprises and 

7 airport concessions disadvantaged business enter8 prises that would be expected in the absence of 

9 discrimination; 

10 ‘‘(B) provision for an assurance that re11 quires that an eligible agency will not discrimi12 nate on the basis of race, color, national origin, 

13 or sex in the award and performance of any con14 tract funded using passenger facility revenues; 

15 and 

16 ‘‘(C) a requirement that an eligible agency 

17 will take all necessary and reasonable steps to 

18 ensure nondiscrimination in the award and ad19 ministration of contracts funded using passenger 

20 facility revenues. 

21 ‘‘(3) EFFECTIVE DATE.—Paragraph (1) shall 

22 take effect on the day following the date on which the 

23 Secretary issues final regulations under paragraph 

24 (2). 
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1 ‘‘(4) DEFINITIONS.—In this subsection, the fol2 lowing definitions apply: 

3 ‘‘(A) AIRPORT CONCESSIONS DISADVAN4 TAGED BUSINESS ENTERPRISE.—The term ‘air5 port concessions disadvantaged business enter6 prise’ has the meaning given that term in part 

7 23 of title 49, Code of Federal Regulations (or a 

8 successor regulation). 

9 ‘‘(B) DISADVANTAGED BUSINESS ENTER10 PRISE.—The term ‘disadvantaged business enter11 prise’ has the meaning given that term in part 

12 26 of title 49, Code of Federal Regulations (or a 

13 successor regulation).’’. 

14 SEC. 116. IMPACTS ON AIRPORTS OF ACCOMMODATING 

15 CONNECTING PASSENGERS. 

16 (a) STUDY.—Not later than 90 days after the date of 

17 enactment of this Act, the Secretary of Transportation shall 

18 initiate a study to evaluate— 

19 (1) the impacts on airports of accommodating 

20 connecting passengers; and 

21 (2) the treatment of airports at which the major22 ity of passengers are connecting passengers under the 

23 passenger facility charge program authorized by sec24 tion 40117 of title 49, United States Code. 
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1 (b) CONTENTS OF STUDY.—In conducting the study, 

2 the Secretary shall review, at a minimum, the following: 

3 (1) the differences in facility needs, and the costs 

4 for constructing, maintaining, and operating those fa5 cilities, for airports at which the majority of pas6 sengers are connecting passengers as compared to air7 ports at which the majority of passengers are origi8 nating and destination passengers; 

9 (2) whether the costs to an airport of accommo10 dating additional connecting passengers differs from 

11 the cost of accommodating additional originating and 

12 destination passengers; 

13 (3) for each airport charging a passenger facility 

14 charge, the percentage of passenger facility charge rev15 enue attributable to connecting passengers and the 

16 percentage of such revenue attributable to originating 

17 and destination passengers; 

18 (4) the potential effects on airport revenues of re19 quiring airports to charge different levels of passenger 

20 facility charges on connecting passengers and origi21 nating and destination passengers; and 

22 (5) the added costs to air carriers of collecting 

23 passenger facility charges under a system in which 

24 different levels of passenger facility charges are im-
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1 posed on connecting passengers and originating and 

2 destination passengers. 

3 (c) REPORT TO CONGRESS.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of initiation of the study, the Secretary shall 

6 submit to Congress a report on the results of the 

7 study. 

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

9 (A) the findings of the Secretary on each of 

10 the subjects listed in subsection (b); and 

11 (B) recommendations, if any, of the Sec12 retary based on the results of the study for any 

13 changes to the passenger facility charge program, 

14 including recommendations as to whether dif15 ferent levels of passenger facility charges should 

16 be imposed on connecting passengers and origi17 nating and destination passengers. 

18 Subtitle C—Fees for FAA Services 

19 SEC. 121. UPDATE ON OVERFLIGHTS. 

20 (a) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 

21 Section 45301(b) is amended to read as follows: 

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

23 ‘‘(1) IN GENERAL.—In establishing and adjust24 ing fees under subsection (a), the Administrator shall 

25 ensure that the fees are reasonably related to the Ad-
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1 ministration’s costs, as determined by the Adminis2 trator, of providing the services rendered. Services for 

3 which costs may be recovered include the costs of air 

4 traffic control, navigation, weather services, training, 

5 and emergency services which are available to facili6 tate safe transportation over the United States and 

7 the costs of other services provided by the Adminis8 trator, or by programs financed by the Administrator, 

9 to flights that neither take off nor land in the United 

10 States. The determination of such costs by the Admin11 istrator, and the allocation of such costs by the Ad12 ministrator to services provided, are not subject to ju13 dicial review. 

14 ‘‘(2) ADJUSTMENT OF FEES.—The Administrator 

15 shall adjust the overflight fees established by sub16 section (a)(1) by expedited rulemaking and begin col17 lections under the adjusted fees by May 1, 2010. In 

18 developing the adjusted overflight fees, the Adminis19 trator may seek and consider the recommendations of20 fered by an aviation rulemaking committee for over21 flight fees that are provided to the Administrator by 

22 September 1, 2009, and are intended to ensure that 

23 overflight fees are reasonably related to the Adminis24 trator’s costs of providing air traffic control and re25 lated services to overflights. 
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1 ‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this sec2 tion shall require the Administrator to take into ac3 count aircraft altitude in establishing any fee for air4 craft operations in en route or oceanic airspace. 

5 ‘‘(4) COSTS DEFINED.—In this subsection, the 

6 term ‘costs’ includes those costs associated with the 

7 operation, maintenance, leasing costs, and overhead 

8 expenses of the services provided and the facilities and 

9 equipment used in such services, including the pro10 jected costs for the period during which the services 

11 will be provided. 

12 ‘‘(5) PUBLICATION; COMMENT.—The Adminis13 trator shall publish in the Federal Register any fee 

14 schedule under this section, including any adjusted 

15 overflight fee schedule, and the associated collection 

16 process as an interim final rule, pursuant to which 

17 public comment will be sought and a final rule 

18 issued.’’. 

19 (b) ADJUSTMENTS.—Section 45301 is amended by 

20 adding at the end the following: 

21 ‘‘(e) ADJUSTMENTS.—In addition to adjustments 

22 under subsection (b), the Administrator may periodically 

23 adjust the fees established under this section.’’. 
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1 SEC. 122. REGISTRATION FEES. 

2 (a) IN GENERAL.—Chapter 453 is amended by adding 

3 at the end the following: 

4 ‘‘§ 45305. Registration, certification, and related fees 

5 ‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to 

6 subsection (b), the Administrator of the Federal Aviation 

7 Administration shall establish the following fees for services 

8 and activities of the Administration: 

9 ‘‘(1) $130 for registering an aircraft. 

10 ‘‘(2) $45 for replacing an aircraft registration. 

11 ‘‘(3) $130 for issuing an original dealer’s air12 craft certificate. 

13 ‘‘(4) $105 for issuing an aircraft certificate 

14 (other than an original dealer’s aircraft certificate). 

15 ‘‘(5) $80 for issuing a special registration num16 ber. 

17 ‘‘(6) $50 for issuing a renewal of a special reg18 istration number. 

19 ‘‘(7) $130 for recording a security interest in an 

20 aircraft or aircraft part. 

21 ‘‘(8) $50 for issuing an airman certificate. 

22 ‘‘(9) $25 for issuing a replacement airman cer23 tificate. 

24 ‘‘(10) $42 for issuing an airman medical certifi25 cate. 
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1 ‘‘(11) $100 for providing a legal opinion per2 taining to aircraft registration or recordation. 

3 ‘‘(b) LIMITATION ON COLLECTION.—No fee may be col4 lected under this section unless the expenditure of the fee 

5 to pay the costs of activities and services for which the fee 

6 is imposed is provided for in advance in an appropriations 

7 Act. 

8 ‘‘(c) FEES CREDITED AS OFFSETTING COLLEC9 TIONS.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding section 

11 3302 of title 31, any fee authorized to be collected 

12 under this section shall— 

13 ‘‘(A) be credited as offsetting collections to 

14 the account that finances the activities and serv15 ices for which the fee is imposed; 

16 ‘‘(B) be available for expenditure only to 

17 pay the costs of activities and services for which 

18 the fee is imposed; and 

19 ‘‘(C) remain available until expended. 

20 ‘‘(2) CONTINUING APPROPRIATIONS.—The Ad21 ministrator may continue to assess, collect, and spend 

22 fees established under this section during any period 

23 in which the funding for the Federal Aviation Admin24 istration is provided under an Act providing con-
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1 tinuing appropriations in lieu of the Administra2 tion’s regular appropriations. 

3 ‘‘(3) ADJUSTMENTS.—The Administrator shall 

4 periodically adjust the fees established by subsection 

5 (a) when cost data from the cost accounting system 

6 developed pursuant to section 45303(e) reveal that the 

7 cost of providing the service is higher or lower than 

8 the cost data that were used to establish the fee then 

9 in effect.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chapter 

11 453 is amended by adding at the end the following: 

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

12 (c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR

13 TRANSPORTATION.—Section 45302(e) is amended— 

14 (1) by striking ‘‘A fee’’ and inserting the fol15 lowing: 

16 ‘‘(1) IN GENERAL.—A fee’’; and 

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

18 ‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.— 

19 A fee may not be imposed for a service or activity 

20 under this section during any period in which a fee 

21 for the same service or activity is imposed under sec22 tion 45305.’’. 
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1 Subtitle D—AIP Modifications 

2 SEC. 131. AMENDMENTS TO AIP DEFINITIONS. 

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

4 amended— 

5 (1) in subparagraph (B)(iv) by striking ‘‘20’’ 

6 and inserting ‘‘9’’; and 

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

8 ‘‘(M) construction of mobile refueler parking 

9 within a fuel farm at a nonprimary airport 

10 meeting the requirements of section 112.8 of title 

11 40, Code of Federal Regulations. 

12 ‘‘(N) terminal development under section 

13 47119(a). 

14 ‘‘(O) acquiring and installing facilities and 

15 equipment to provide air conditioning, heating, 

16 or electric power from terminal-based, non-exclu17 sive use facilities to aircraft parked at a public 

18 use airport for the purpose of reducing energy 

19 use or harmful emissions as compared to the pro20 vision of such air conditioning, heating, or elec21 tric power from aircraft-based systems.’’. 

22 (b) AIRPORT PLANNING.—Section 47102(5) is amend23 ed by inserting before the period at the end the following: 

24 ‘‘, developing an environmental management system’’. 
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1 (c) GENERAL AVIATION AIRPORT.—Section 47102 is 

2 amended— 

3 (1) by redesignating paragraphs (23) through 

4 (25) as paragraphs (25) through (27), respectively; 

5 (2) by redesignating paragraphs (8) through (22) 

6 as paragraphs (9) through (23), respectively; and 

7 (3) by inserting after paragraph (7) the fol8 lowing: 

9 ‘‘(8) ‘general aviation airport’ means a public 

10 airport that is located in a State and that, as deter11 mined by the Secretary— 

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

13 ‘‘(B) has scheduled service with less than 

14 2,500 passenger boardings each year.’’. 

15 (d) REVENUE PRODUCING AERONAUTICAL SUPPORT

16 FACILITIES.—Section 47102 is amended by inserting after 

17 paragraph (23) (as redesignated by subsection (c)(2) of this 

18 section) the following: 

19 ‘‘(24) ‘revenue producing aeronautical support 

20 facilities’ means fuel farms, hangar buildings, self21 service credit card aeronautical fueling systems, air22 plane wash racks, major rehabilitation of a hangar 

23 owned by a sponsor, or other aeronautical support fa24 cilities that the Secretary determines will increase the 

25 revenue producing ability of the airport.’’. 
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1 (e) TERMINAL DEVELOPMENT.—Section 47102 is fur2 ther amended by adding at the end the following: 

3 ‘‘(28) ‘terminal development’ means— 

4 ‘‘(A) development of— 

5 ‘‘(i) an airport passenger terminal 

6 building, including terminal gates; 

7 ‘‘(ii) access roads servicing exclusively 

8 airport traffic that leads directly to or from 

9 an airport passenger terminal building; and 

10 ‘‘(iii) walkways that lead directly to or 

11 from an airport passenger terminal build12 ing; and 

13 ‘‘(B) the cost of a vehicle described in sec14 tion 47119(a)(1)(B).’’. 

15 SEC. 132. SOLID WASTE RECYCLING PLANS. 

16 (a) AIRPORT PLANNING.—Section 47102(5) (as 

17 amended by section 131(b) of this Act) is amended by in18 serting before the period at the end the following: ‘‘, and 

19 planning to minimize the generation of, and to recycle, air20 port solid waste in a manner that is consistent with appli21 cable State and local recycling laws’’. 

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

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

24 (4); 
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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and 

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

4 ‘‘(6) in any case in which the project is for an 

5 airport that has an airport master plan, the master 

6 plan addresses the feasibility of solid waste recycling 

7 at the airport and minimizing the generation of solid 

8 waste at the airport.’’. 

9 SEC. 133. AMENDMENTS TO GRANT ASSURANCES. 

10 (a) GENERAL WRITTEN ASSURANCES.—Section 

11 47107(a)(16)(D)(ii) is amended by inserting before the 

12 semicolon at the end the following: ‘‘, except in the case of 

13 a relocation or replacement of an existing airport facility 

14 that meets the conditions of section 47110(d)’’. 

15 (b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 

16 (1) USE OF PROCEEDS.—Section 

17 47107(c)(2)(A)(iii) is amended by striking ‘‘paid to 

18 the Secretary’’ and all that follows before the semi19 colon and inserting ‘‘reinvested in another project at 

20 the airport or transferred to another airport as the 

21 Secretary prescribes under paragraph (4)’’. 

22 (2) ELIGIBLE PROJECTS.—Section 47107(c) is 

23 amended by adding at the end the following: 

24 ‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap25 proving the reinvestment or transfer of proceeds under 
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1 subsection (c)(2)(A)(iii), the Secretary shall give pref2 erence, in descending order, to the following actions: 

3 ‘‘(A) Reinvestment in an approved noise 

4 compatibility project. 

5 ‘‘(B) Reinvestment in an approved project 

6 that is eligible for funding under section 

7 47117(e). 

8 ‘‘(C) Reinvestment in an approved airport 

9 development project that is eligible for funding 

10 under section 47114, 47115, or 47117. 

11 ‘‘(D) Transfer to a sponsor of another pub12 lic airport to be reinvested in an approved noise 

13 compatibility project at such airport. 

14 ‘‘(E) Payment to the Secretary for deposit 

15 in the Airport and Airway Trust Fund.’’. 

16 (c) CLERICAL AMENDMENT.—Section 

17 47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ and 

18 inserting ‘‘the Airport and Airway Trust Fund established 

19 under section 9502 of the Internal Revenue Code of 1986 

20 (26 U.S.C. 9502)’’. 

21 SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 

22 Section 47109 is amended— 

23 (1) in subsection (a) by striking ‘‘provided in 

24 subsection (b) or subsection (c) of this section’’ and 
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1 inserting ‘‘otherwise specifically provided in this sec2 tion’’; and 

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

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

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

6 hub airport changes to a medium hub airport, the Govern7 ment’s share of allowable project costs for the airport may 

8 not exceed 90 percent for the first 2 fiscal years following 

9 such change in hub status. 

10 ‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED

11 COMMUNITIES.—The Government’s share of allowable 

12 project costs shall be 95 percent for a project at an airport 

13 that— 

14 ‘‘(1) is receiving subsidized air service under 

15 subchapter II of chapter 417; and 

16 ‘‘(2) is located in an area that meets one or more 

17 of the criteria established in section 301(a) of the 

18 Public Works and Economic Development Act of 1965 

19 (42 U.S.C. 3161(a)), as determined by the Secretary 

20 of Commerce.’’. 

21 SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 

22 (a) ALLOWABLE PROJECT COSTS.—Section 

23 47110(b)(2)(D) is amended to read as follows: 

24 ‘‘(D) if the cost is for airport development and 

25 is incurred before execution of the grant agreement, 
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1 but in the same fiscal year as execution of the grant 

2 agreement, and if— 

3 ‘‘(i) the cost was incurred before execution 

4 of the grant agreement due to the short construc5 tion season in the vicinity of the airport; 

6 ‘‘(ii) the cost is in accordance with an air7 port layout plan approved by the Secretary and 

8 with all statutory and administrative require9 ments that would have been applicable to the 

10 project if the project had been carried out after 

11 execution of the grant agreement; 

12 ‘‘(iii) the sponsor notifies the Secretary be13 fore authorizing work to commence on the 

14 project; and 

15 ‘‘(iv) the sponsor’s decision to proceed with 

16 the project in advance of execution of the grant 

17 agreement does not affect the priority assigned to 

18 the project by the Secretary for the allocation of 

19 discretionary funds;’’. 

20 (b) RELOCATION OF AIRPORT-OWNED FACILITIES.— 

21 Section 47110(d) is amended to read as follows: 

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

23 The Secretary may determine that the costs of relocating 

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

25 airport development project at an airport only if— 
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1 ‘‘(1) the Government’s share of such costs will be 

2 paid with funds apportioned to the airport sponsor 

3 under section 47114(c)(1) or 47114(d); 

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

5 or replacement is required due to a change in the Sec6 retary’s design standards; and 

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

8 beyond the control of the airport sponsor.’’. 

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

10 amended— 

11 (1) by inserting ‘‘construction of’’ before ‘‘rev12 enue producing’’; and 

13 (2) by striking ‘‘, including fuel farms and hang14 ars,’’. 

15 SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS 

16 OWNED AND CONTROLLED BY DISABLED VET17 ERANS. 

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

19 following: 

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

21 airport development project under a grant agreement under 

22 this subchapter must require that a preference be given to 

23 the use of small business concerns (as defined in section 3 

24 of the Small Business Act (15 U.S.C. 632)) owned and con25 trolled by disabled veterans.’’. 
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1 SEC. 137. AIRPORT DISADVANTAGED BUSINESS ENTER2 PRISE PROGRAM. 

3 (a) PURPOSE.—It is the purpose of the airport dis4 advantaged business program to ensure that minority- and 

5 women-owned businesses have a full and fair opportunity 

6 to compete in federally assisted airport contracts and con7 cessions and to ensure that the Federal Government does 

8 not subsidize discrimination in private or locally funded 

9 airport-related industries. 

10 (b) FINDINGS.—Congress finds the following: 

11 (1) While significant progress has occurred due 

12 to the enactment of the airport disadvantaged busi13 ness enterprise program (49 U.S.C. 47107(e) and 

14 47113), discrimination continues to be a significant 

15 barrier for minority- and women-owned businesses 

16 seeking to do business in airport-related markets. This 

17 continuing discrimination merits the continuation of 

18 the airport disadvantaged business enterprise pro19 gram. 

20 (2) Discrimination poses serious barriers to the 

21 full participation in airport-related businesses of 

22 women business owners and minority business own23 ers, including African Americans, Hispanic Ameri24 cans, Asian Americans, and Native Americans. 

25 (3) Discrimination impacts minority and 

26 women business owners in every geographic region of 
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1 the United States and in every airport-related indus2 try. 

3 (4) Discrimination has impacted many aspects 

4 of airport-related business, including— 

5 (A) the availability of venture capital and 

6 credit; 

7 (B) the availability of bonding and insur8 ance; 

9 (C) the ability to obtain licensing and cer10 tification; 

11 (D) public and private bidding and quoting 

12 procedures; 

13 (E) the pricing of supplies and services; 

14 (F) business training, education, and ap15 prenticeship programs; and 

16 (G) professional support organizations and 

17 informal networks through which business oppor18 tunities are often established. 

19 (5) Congress has received voluminous evidence of 

20 discrimination against minority and women business 

21 owners in airport-related industries, including— 

22 (A) statistical analyses demonstrating sig23 nificant disparities in the utilization of 

24 minority- and women-owned businesses in feder-
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1 ally and locally funded airport related con2 tracting; 

3 (B) statistical analyses of private sector dis4 parities in business success by minority- and 

5 women-owned businesses in airport related in6 dustries; 

7 (C) research compiling anecdotal reports of 

8 discrimination by individual minority and 

9 women business owners; 

10 (D) individual reports of discrimination by 

11 minority and women business owners and the 

12 organizations and individuals who represent mi13 nority and women business owners; 

14 (E) analyses demonstrating significant re15 ductions in the participation of minority and 

16 women businesses in jurisdictions that have re17 duced or eliminated their minority- and women18 owned business programs; 

19 (F) statistical analyses showing significant 

20 disparities in the credit available to minority21 and women-owned businesses; 

22 (G) research and statistical analyses dem23 onstrating how discrimination negatively im24 pacts firm formation, growth, and success; 
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1 (H) experience of airports and other local2 ities demonstrating that race- and gender-neu3 tral efforts alone are insufficient to remedy dis4 crimination; and 

5 (I) other qualitative and quantitative evi6 dence of discrimination against minority- and 

7 women-owned businesses in airport-related in8 dustries. 

9 (6) All of this evidence provides a strong basis 

10 for the continuation of the airport disadvantaged 

11 business enterprise program and the airport conces12 sions disadvantaged business enterprise program. 

13 (7) Congress has received and reviewed recent 

14 comprehensive and compelling evidence of discrimina15 tion from many different sources, including congres16 sional hearings and roundtables, scientific reports, re17 ports issued by public and private agencies, news sto18 ries, reports of discrimination by organizations and 

19 individuals, and discrimination lawsuits. 

20 (c) DISADVANTAGED BUSINESS ENTERPRISE PER21 SONAL NET WORTH CAP; BONDING REQUIREMENTS.—Sec22 tion 47113 is amended by adding at the end the following: 

23 ‘‘(e) PERSONAL NET WORTH CAP.— 

24 ‘‘(1) REGULATIONS.—Not later than 180 days 

25 after the date of enactment of this subsection, the Sec-
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1 retary shall issue final regulations to adjust the per2 sonal net worth cap used in determining whether an 

3 individual is economically disadvantaged for pur4 poses of qualifying under the definition contained in 

5 subsection (a)(2) and under section 47107(e). The reg6 ulations shall correct for the impact of inflation since 

7 the Small Business Administration established the 

8 personal net worth cap at $750,000 in 1989. 

9 ‘‘(2) ANNUAL ADJUSTMENT.—Following the ini10 tial adjustment under paragraph (1), the Secretary 

11 shall adjust, on June 30 of each year thereafter, the 

12 personal net worth cap to account for changes, occur13 ring in the preceding 12-month period, in the Con14 sumer Price Index of All Urban Consumers (United 

15 States city average, all items) published by the Sec16 retary of Labor. 

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 this subsection, the Sec25 retary shall issue final regulations to implement 
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1 paragraph (1), including consideration of appro2 priate safeguards, such as a limit on the amount of 

3 such accounts, to prevent circumvention of personal 

4 net worth requirements. 

5 ‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINATORY

6 BONDING REQUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall establish 

8 a program to eliminate barriers to small business 

9 participation in airport-related contracts and conces10 sions by prohibiting excessive, unreasonable, or dis11 criminatory bonding requirements for any project 

12 funded under this chapter or using passenger facility 

13 revenues under section 40117. 

14 ‘‘(2) REGULATIONS.—Not later than one year 

15 after the date of enactment of this subsection, the Sec16 retary shall issue a final rule to establish the program 

17 under paragraph (1).’’. 

18 SEC. 138. TRAINING PROGRAM FOR CERTIFICATION OF DIS19 ADVANTAGED BUSINESS ENTERPRISES. 

20 (a) MANDATORY TRAINING PROGRAM.—Section 47113 

21 (as amended by this Act) is further amended— 

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

23 inserting ‘‘Secretary of Transportation’’; and 

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

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

2 the date of enactment of this subsection, the Secretary 

3 shall establish a mandatory training program for 

4 persons described in paragraph (3) on certifying 

5 whether a small business concern qualifies as a small 

6 business concern owned and controlled by socially and 

7 economically disadvantaged individuals under this 

8 section and section 47107(e). 

9 ‘‘(2) IMPLEMENTATION.—The training program 

10 may be implemented by one or more private entities 

11 approved by the Secretary. 

12 ‘‘(3) PARTICIPANTS.—A person referred to in 

13 paragraph (1) is an official or agent of an airport 

14 sponsor— 

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

16 assurance under this section or section 47107(e) 

17 that the airport owner or operator will meet the 

18 percentage goal of subsection (b) or section 

19 47107(e)(1); or 

20 ‘‘(B) who is responsible for determining 

21 whether or not a small business concern qualifies 

22 as a small business concern owned and controlled 

23 by socially and economically disadvantaged in24 dividuals under this section or section 47107(e). 
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1 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—Out 

2 of amounts appropriated under section 106(k), not 

3 less than $2,000,000 for each of fiscal years 2010, 

4 2011, and 2012 shall be used to carry out this sub5 section and to support other programs and activities 

6 of the Secretary related to the participation of small 

7 business concerns owned and controlled by socially 

8 and economically disadvantaged individuals in air9 port related contracts or concessions.’’. 

10 (b) REPORT.—Not later than 24 months after the date 

11 of enactment of this Act, the Secretary shall submit to the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives, the Committee on Commerce, 

14 Science, and Transportation of the Senate, and other ap15 propriate committees of Congress a report on the results of 

16 the training program conducted under the amendment 

17 made by subsection (b). 

18 SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND. 

19 Section 47114(d) is amended— 

20 (1) in paragraph (2)— 

21 (A) by striking ‘‘Except as provided in 

22 paragraph (3), the Secretary’’ and inserting 

23 ‘‘The Secretary’’; and 

24 (B) by striking ‘‘18.5 percent’’ and insert25 ing ‘‘10 percent’’; and 
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1 (2) by striking paragraph (3) and inserting the 

2 following: 

3 ‘‘(3) ADDITIONAL AMOUNT.— 

4 ‘‘(A) IN GENERAL.—In addition to amounts 

5 apportioned under paragraph (2), and subject to 

6 subparagraph (B), the Secretary shall apportion 

7 to each airport, excluding primary airports but 

8 including reliever and nonprimary commercial 

9 service airports, in States the lesser of— 

10 ‘‘(i) $150,000; or 

‘‘(ii) 1 11 ⁄5 of the most recently published 

12 estimate of the 5-year costs for airport im13 provement for the airport, as listed in the 

14 national plan of integrated airport systems 

15 developed by the Federal Aviation Adminis16 tration under section 47103. 

17 ‘‘(B) REDUCTION.—In any fiscal year in 

18 which the total amount made available for ap19 portionment under paragraph (2) is less than 

20 $300,000,000, the Secretary shall reduce, on a 

21 prorated basis, the amount to be apportioned 

22 under subparagraph (A) and make such reduc23 tion available to be apportioned under para24 graph (2), so as to apportion under paragraph 

25 (2) a minimum of $300,000,000.’’. 
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1 SEC. 140. REDUCING APPORTIONMENTS. 

2 Section 47114(f)(1) is amended— 

3 (1) by striking ‘‘and’’ at the end of subpara4 graph (A); 

5 (2) in subparagraph (B)— 

6 (A) by inserting ‘‘except as provided by sub7 paragraph (C),’’ before ‘‘in the case’’; and 

8 (B) by striking the period at the end and 

9 inserting ‘‘; and’’; and 

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

11 ‘‘(C) in the case of a charge of more than 

12 $4.50 imposed by the sponsor of an airport en13 planing at least one percent of the total number 

14 of boardings each year in the United States, 100 

15 percent of the projected revenues from the charge 

16 in the fiscal year but not more than 100 percent 

17 of the amount that otherwise would be appor18 tioned under this section.’’. 

19 SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 

20 Section 47115(g)(1) is amended by striking ‘‘sum of— 

21 ’’ and all that follows through the period at the end of sub22 paragraph (B) and inserting ‘‘sum of $520,000,000.’’. 

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

24 Section 47115(j) is amended by striking ‘‘fiscal years 

25 2004 through 2009,’’ and inserting ‘‘fiscal years 2010 

26 through 2012,’’. 
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1 SEC. 143. USE OF APPORTIONED AMOUNTS. 

2 Section 47117(e)(1)(A) is amended— 

3 (1) in the first sentence— 

4 (A) by striking ‘‘35 percent’’ and inserting 

5 ‘‘$300,000,000’’; 

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

7 (C) by inserting before the period at the end 

8 the following: ‘‘, and for water quality mitiga9 tion projects to comply with the Federal Water 

10 Pollution Control Act (33 U.S.C. 1251 et seq.) as 

11 approved in an environmental record of decision 

12 for an airport development project under this 

13 title’’; and 

14 (2) in the second sentence by striking ‘‘such 35 

15 percent requirement is’’ and inserting ‘‘the require16 ments of the preceding sentence are’’. 

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

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

19 (1) by striking ‘‘Subsection (a) shall not apply 

20 if’’ and inserting the following: 

21 ‘‘(1) PRIOR LAWS AND AGREEMENTS.—Sub22 section (a) shall not apply if’’; and 

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

24 ‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC

25 SPONSOR.—In the case of a privately owned airport, 
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1 subsection (a) shall not apply to the proceeds from the 

2 sale of the airport to a public sponsor if— 

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

4 ‘‘(B) funding is provided under this subtitle 

5 for any portion of the public sponsor’s acquisi6 tion of airport land; and 

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

8 unamortized portion of any airport improvement 

9 grant made to that airport for purposes other 

10 than land acquisition, amortized over a 20-year 

11 period, plus an amount equal to the Federal 

12 share of the current fair market value of any 

13 land acquired with an airport improvement 

14 grant made to that airport on or after October 

15 1, 1996, is repaid to the Secretary by the private 

16 owner. 

17 ‘‘(3) TREATMENT OF REPAYMENTS.—Repayments 

18 referred to in paragraph (2)(C) shall be treated as a 

19 recovery of prior year obligations.’’. 

20 (b) APPLICABILITY TO GRANTS.—The amendments 

21 made by subsection (a) shall apply to grants issued on or 

22 after October 1, 1996. 

23 SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM. 

24 (a) APPROVAL REQUIREMENTS.—Section 47134 is 

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

2 it appears and inserting ‘‘75 percent’’. 

3 (b) PROHIBITION ON RECEIPT OF FUNDS.— 

4 (1) SECTION 47134.—Section 47134 is amended 

5 by adding at the end the following: 

6 ‘‘(n) PROHIBITION ON RECEIPT OF CERTAIN FUNDS.— 

7 An airport receiving an exemption under subsection (b) 

8 shall be prohibited from receiving apportionments under 

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

10 (2) CONFORMING AMENDMENTS.—Section 

11 47134(g) is amended— 

12 (A) in the subsection heading by striking 

13 ‘‘APPORTIONMENTS;’’; 

14 (B) in paragraph (1) by striking the semi15 colon at the end and inserting ‘‘; or’’; 

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

17 (D) by redesignating paragraph (3) as 

18 paragraph (2). 

19 (c) FEDERAL SHARE OF PROJECT COSTS.—Section 

20 47109(a) is amended— 

21 (1) by striking the semicolon at the end of para22 graph (3) and inserting ‘‘; and’’; 

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

24 (3) by redesignating paragraph (5) as para25 graph (4). 
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1 SEC. 146. AIRPORT SECURITY PROGRAM. 

2 (a) GENERAL AUTHORITY.—Section 47137(a) is 

3 amended by inserting ‘‘, in consultation with the Secretary 

4 of Homeland Security,’’ after ‘‘Transportation’’. 

5 (b) IMPLEMENTATION.—Section 47137(b) is amended 

6 to read as follows: 

7 ‘‘(b) IMPLEMENTATION.— 

8 ‘‘(1) IN GENERAL.—In carrying out this section, 

9 the Secretary of Transportation shall provide funding 

10 through a grant, contract, or another agreement de11 scribed in section 106(l)(6) to a nonprofit consortium 

12 that— 

13 ‘‘(A) is composed of public and private per14 sons, including an airport sponsor; and 

15 ‘‘(B) has at least 10 years of demonstrated 

16 experience in testing and evaluating anti-ter17 rorist technologies at airports. 

18 ‘‘(2) PROJECT SELECTION.—The Secretary shall 

19 select projects under this subsection that— 

20 ‘‘(A) evaluate and test the benefits of inno21 vative aviation security systems or related tech22 nology, including explosives detection systems, 

23 for the purpose of improving aviation and air24 craft physical security, access control, and pas25 senger and baggage screening; and 
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1 ‘‘(B) provide testing and evaluation of air2 port security systems and technology in an oper3 ational, testbed environment.’’. 

4 (c) MATCHING SHARE.—Section 47137(c) is amended 

5 by inserting after ‘‘section 47109’’ the following: ‘‘or any 

6 other provision of law’’. 

7 (d) ADMINISTRATION.—Section 47137(e) is amended 

8 by adding at the end the following: ‘‘The Secretary may 

9 enter into an agreement in accordance with section 106(m) 

10 to provide for the administration of any project under the 

11 program.’’. 

12 (e) ELIGIBLE SPONSOR.—Section 47137 is amended 

13 by striking subsection (f) and redesignating subsection (g) 

14 as subsection (f). 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 47137(f) (as so redesignated) is amended by striking 

17 ‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 

18 SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 

19 AIRPORT DEVELOPMENT RIGHTS. 

20 Section 47138 is amended by adding at the end the 

21 following: 

22 ‘‘(f) SUNSET.—This section shall not be in effect after 

23 September 30, 2008.’’. 
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1 SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPAT2 IBLE LAND USE PLANNING AND PROJECTS BY 

3 STATE AND LOCAL GOVERNMENTS. 

4 Section 47141(f) is amended by striking ‘‘September 

5 30, 2009’’ and inserting ‘‘September 30, 2012’’. 

6 SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN 

7 WASHINGTON AIRPORTS AUTHORITY. 

8 Section 49108, and the item relating to such section 

9 in the analysis for chapter 491, are repealed. 

10 SEC. 150. MIDWAY ISLAND AIRPORT. 

11 Section 186(d) of the Vision 100—Century of Aviation 

12 Reauthorization Act (117 Stat. 2518) is amended by strik13 ing ‘‘October 1, 2009,’’ and inserting ‘‘October 1, 2012,’’. 

14 SEC. 151. PUERTO RICO MINIMUM GUARANTEE. 

15 Section 47114(e) is amended— 

16 (1) in the subsection heading by inserting ‘‘AND

17 PUERTO RICO’’ after ‘‘ALASKA’’; and 

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

19 ‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In 

20 any fiscal year in which the total amount appor21 tioned to airports in Puerto Rico under subsections 

22 (c) and (d) is less than 1.5 percent of the total 

23 amount apportioned to all airports under subsections 

24 (c) and (d), the Secretary shall apportion to the Puer25 to Rico Ports Authority for airport development 

26 projects in such fiscal year an amount equal to the 
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1 difference between 1.5 percent of the total amounts 

2 apportioned under subsections (c) and (d) in such fis3 cal year and the amount otherwise apportioned under 

4 subsections (c) and (d) to airports in Puerto Rico in 

5 such fiscal year.’’. 

6 SEC. 152. MISCELLANEOUS AMENDMENTS. 

7 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN8 TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend9 ed— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘each airport to—’’ and in12 serting ‘‘the airport system to—’’; 

13 (B) in paragraph (1) by striking ‘‘system 

14 in the particular area;’’ and inserting ‘‘system, 

15 including connection to the surface transpor16 tation network; and’’; 

17 (C) in paragraph (2) by striking ‘‘; and’’ 

18 and inserting a period; and 

19 (D) by striking paragraph (3); 

20 (2) in subsection (b)— 

21 (A) in paragraph (1) by striking the semi22 colon and inserting ‘‘; and’’; 

23 (B) by striking paragraph (2) and redesig24 nating paragraph (3) as paragraph (2); and 
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1 (C) in paragraph (2) (as so redesignated) 

2 by striking ‘‘, Short Takeoff and Landing/Very 

3 Short Takeoff and Landing aircraft operations,’’; 

4 and 

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

6 (b) UPDATE VETERANS PREFERENCE DEFINITION.— 

7 Section 47112(c) is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (B) by striking ‘‘sepa10 rated from’’ and inserting ‘‘discharged or re11 leased from active duty in’’; and 

12 (B) by adding at the end the following: 

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

14 individual who served on active duty (as defined by 

15 section 101 of title 38) in the Armed Forces for a pe16 riod of more than 180 consecutive days, any part of 

17 which occurred during the period beginning on Sep18 tember 11, 2001, and ending on the date prescribed 

19 by presidential proclamation or by law as the last 

20 date of Operation Iraqi Freedom, and who was sepa21 rated from the Armed Forces under honorable condi22 tions.’’; and 

23 (2) in paragraph (2) by striking ‘‘veterans and’’ 

24 and inserting ‘‘veterans, Afghanistan-Iraq war vet25 erans, and’’. 
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1 (c) CONSOLIDATION OF TERMINAL DEVELOPMENT

2 PROVISIONS.—Section 47119 is amended— 

3 (1) by redesignating subsections (a), (b), (c), and 

4 (d) as subsections (b), (c), (d), and (e), respectively; 

5 and 

6 (2) by inserting before subsection (b) (as so re7 designated) the following: 

8 ‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary may approve 

10 a project for terminal development (including 

11 multimodal terminal development) in a nonrevenue12 producing public-use area of a commercial service 

13 airport— 

14 ‘‘(A) if the sponsor certifies that the airport, 

15 on the date the grant application is submitted to 

16 the Secretary, has— 

17 ‘‘(i) all the safety equipment required 

18 for certification of the airport under section 

19 44706; 

20 ‘‘(ii) all the security equipment re21 quired by regulation; and 

22 ‘‘(iii) provided for access by passengers 

23 to the area of the airport for boarding or 

24 exiting aircraft that are not air carrier air25 craft; 
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1 ‘‘(B) if the cost is directly related to moving 

2 passengers and baggage in air commerce within 

3 the airport, including vehicles for moving pas4 sengers between terminal facilities and between 

5 terminal facilities and aircraft; and 

6 ‘‘(C) under terms necessary to protect the 

7 interests of the Government. 

8 ‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS

9 AND NONREVENUE-PRODUCING PARKING LOTS.—In 

10 making a decision under paragraph (1), the Secretary 

11 may approve as allowable costs the expenses of ter12 minal development in a revenue-producing area and 

13 construction, reconstruction, repair, and improvement 

14 in a nonrevenue-producing parking lot if— 

15 ‘‘(A) except as provided in section 

16 47108(e)(3), the airport does not have more than 

17 .05 percent of the total annual passenger 

18 boardings in the United States; and 

19 ‘‘(B) the sponsor certifies that any needed 

20 airport development project affecting safety, secu21 rity, or capacity will not be deferred because of 

22 the Secretary’s approval.’’; 

23 (3) in paragraphs (3) and (4)(A) of subsection 

24 (b) (as redesignated by paragraph (1) of this sub-
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1 section) by striking ‘‘section 47110(d)’’ and inserting 

2 ‘‘subsection (a)’’; 

3 (4) in paragraph (5) of subsection (b) (as redes4 ignated by paragraph (1) of this subsection) by strik5 ing ‘‘subsection (b)(1) and (2)’’ and inserting ‘‘sub6 sections (c)(1) and (c)(2)’’; 

7 (5) in paragraphs (2)(A), (3), and (4) of sub8 section (c) (as redesignated by paragraph (1) of this 

9 subsection) by striking ‘‘section 47110(d) of this title’’ 

10 and inserting ‘‘subsection (a)’’; 

11 (6) in paragraph (2)(B) of subsection (c) (as re12 designated by paragraph (1) of this subsection) by 

13 striking ‘‘section 47110(d)’’ and inserting ‘‘subsection 

14 (a)’’; 

15 (7) in subsection (c)(5) (as redesignated by para16 graph (1) of this subsection) by striking ‘‘section 

17 47110(d)’’ and inserting ‘‘subsection (a)’’; and 

18 (8) by adding at the end the following: 

19 ‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.—The 

20 Secretary may distribute not more than $20,000,000 from 

21 the discretionary fund established under section 47115 for 

22 terminal development projects at a nonhub airport or a 

23 small hub airport that is eligible to receive discretionary 

24 funds under section 47108(e)(3).’’. 
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1 (d) ANNUAL REPORT.—Section 47131(a) is amend2 ed— 

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

4 1’’; and 

5 (2) by striking paragraphs (1), (2), (3), and (4) 

6 and inserting the following: 

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

8 planning completed; 

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

10 ‘‘(3) an accounting of discretionary and appor11 tioned funds allocated; 

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

13 (e) CORRECTION TO EMISSION CREDITS PROVISION.— 

14 Section 47139 is amended— 

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

16 and 

17 (2) in subsection (b)— 

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

19 (B) by striking ‘‘47103(3)(F),’’. 

20 (f) CONFORMING AMENDMENT TO CIVIL PENALTY AS21 SESSMENT AUTHORITY.—Section 46301(d)(2) is amended 

22 by inserting ‘‘46319,’’ after ‘‘46318,’’. 

23 (g) OTHER CONFORMING AMENDMENTS.— 
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1 (1) Sections 40117(a)(3)(B) is amended by strik2 ing ‘‘section 47110(d)’’ and inserting ‘‘section 

3 47119(a)’’. 

4 (2) Section 47108(e)(3) is amended— 

5 (A) by striking ‘‘section 47110(d)(2)’’ and 

6 inserting ‘‘section 47119(a)’’; and 

7 (B) by striking ‘‘section 47110(d)’’ and in8 serting ‘‘section 47119(a)’’. 

9 (h) CORRECTION TO SURPLUS PROPERTY AUTHOR10 ITY.—Section 47151(e) is amended by striking ‘‘(other than 

11 real property’’ and all that follows through ‘‘(10 U.S.C. 

12 2687 note))’’. 

13 (i) AIRPORT CAPACITY BENCHMARK REPORTS.—Sec14 tion 47175(2) is amended by striking ‘‘Airport Capacity 

15 Benchmark Report 2001’’ and inserting ‘‘2001 and 2004 

16 Airport Capacity Benchmark Reports or table 1 of the Fed17 eral Aviation Administration’s most recent airport capac18 ity benchmark report’’. 

19 SEC. 153. AIRPORT MASTER PLANS. 

20 Section 47101 is amended by adding at the end the 

21 following: 

22 ‘‘(i) ADDITIONAL GOALS FOR AIRPORT MASTER

23 PLANS.—In addition to the goals set forth in subsection 

24 (g)(2), the Secretary shall encourage airport sponsors and 

25 State and local officials, through Federal Aviation Admin-
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1 istration advisory circulars, to consider customer conven2 ience, airport ground access, and access to airport facilities 

3 in airport master plans.’’. 

4 TITLE II—NEXT GENERATION 

5 AIR TRANSPORTATION SYS6 TEM AND AIR TRAFFIC CON7 TROL MODERNIZATION 

8 SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) The United States faces a great national 

11 challenge as the Nation’s aviation infrastructure is at 

12 a crossroads. 

13 (2) The demand for aviation services, a critical 

14 element of the United States economy, vital in sup15 porting the quality of life of the people of the United 

16 States, and critical in support of the Nation’s defense 

17 and national security, is growing at an ever increas18 ing rate. At the same time, the ability of the United 

19 States air transportation system to expand and 

20 change to meet this increasing demand is limited. 

21 (3) The aviation industry accounts for more 

22 than 11,000,000 jobs in the United States and con23 tributes approximately $741,000,000,000 annually to 

24 the United States gross domestic product. 
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1 (4) The United States air transportation system 

2 continues to drive economic growth in the United 

3 States and will continue to be a major economic driv4 er as air traffic triples over the next 20 years. 

5 (5) The Next Generation Air Transportation 

6 System (in this section referred to as the ‘‘NextGen 

7 System’’) is the system for achieving long-term trans8 formation of the United States air transportation sys9 tem that focuses on developing and implementing new 

10 technologies and that will set the stage for the long11 term development of a scalable and more flexible air 

12 transportation system without compromising the un13 precedented safety record of United States aviation. 

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

15 of promoting economic growth and development, are 

16 enormous. 

17 (7) The NextGen System will guide the path of 

18 the United States air transportation system in the 

19 challenging years ahead. 

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

21 that— 

22 (1) modernizing the air transportation system is 

23 a national priority and the United States must make 

24 a commitment to revitalizing this essential component 

25 of the Nation’s transportation infrastructure; 
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1 (2) one fundamental requirement for the success 

2 of the NextGen System is strong leadership and suffi3 cient resources; 

4 (3) the Joint Planning and Development Office 

5 of the Federal Aviation Administration and the Next 

6 Generation Air Transportation System Senior Policy 

7 Committee, each established by Congress in 2003, will 

8 lead and facilitate this important national mission to 

9 ensure that the programs and capabilities of the 

10 NextGen System are carefully integrated and aligned; 

11 (4) Government agencies and industry must 

12 work together, carefully integrating and aligning 

13 their work to meet the needs of the NextGen System 

14 in the development of budgets, programs, planning, 

15 and research; 

16 (5) the Department of Transportation, the Fed17 eral Aviation Administration, the Department of De18 fense, the Department of Homeland Security, the De19 partment of Commerce, and the National Aeronautics 

20 and Space Administration must work in cooperation 

21 and make transformational improvements to the 

22 United States air transportation infrastructure a pri23 ority; and 

24 (6) due to the critical importance of the NextGen 

25 System to the economic and national security of the 
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1 United States, partner departments and agencies 

2 must be provided with the resources required to com3 plete the implementation of the NextGen System. 

4 SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYS5 TEM JOINT PLANNING AND DEVELOPMENT 

6 OFFICE. 

7 (a) ESTABLISHMENT.— 

8 (1) ASSOCIATE ADMINISTRATOR FOR THE NEXT

9 GENERATION AIR TRANSPORTATION SYSTEM.—Section 

10 709(a) of Vision 100—Century of Aviation Reauthor11 ization Act (49 U.S.C. 40101 note; 117 Stat. 2582) 

12 is amended— 

13 (A) by redesignating paragraphs (2), (3), 

14 and (4) as paragraphs (3), (4), and (5), respec15 tively; and 

16 (B) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) The director of the Office shall be the Associate 

19 Administrator for the Next Generation Air Transportation 

20 System, who shall be appointed by the Administrator of the 

21 Federal Aviation Administration. The Associate Adminis22 trator shall report to the Administrator.’’. 

23 (2) RESPONSIBILITIES.—Section 709(a)(3) of 

24 such Act (as redesignated by paragraph (1) of this 

25 subsection) is amended— 
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1 (A) in subparagraph (G) by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (B) in subparagraph (H) by striking the 

4 period at the end and inserting a semicolon; and 

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

6 ‘‘(I) establishing specific quantitative goals 

7 for the safety, capacity, efficiency, performance, 

8 and environmental impacts of each phase of Next 

9 Generation Air Transportation System imple10 mentation activities and measuring actual oper11 ational experience against those goals, taking 

12 into account noise pollution reduction concerns 

13 of affected communities to the greatest extent 

14 practicable in establishing the environmental 

15 goals; 

16 ‘‘(J) working to ensure global interoper17 ability of the Next Generation Air Transpor18 tation System; 

19 ‘‘(K) working to ensure the use of weather 

20 information and space weather information in 

21 the Next Generation Air Transportation System 

22 as soon as possible; 

23 ‘‘(L) overseeing, with the Administrator of 

24 the Federal Aviation Administration, the selec25 tion of products or outcomes of research and de-
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1 velopment activities that would be moved to the 

2 next stage of a demonstration project; and 

3 ‘‘(M) maintaining a baseline modeling and 

4 simulation environment for testing and evalu5 ating alternative concepts to satisfy Next Gen6 eration Air Transportation enterprise architec7 ture requirements.’’. 

8 (3) COOPERATION WITH OTHER FEDERAL AGEN9 CIES.—Section 709(a)(4) of such Act (as redesignated 

10 by paragraph (1) of this subsection) is amended— 

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

12 ‘‘(4)(A)’’; and 

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

14 ‘‘(B) The Secretary of Defense, the Administrator of 

15 the National Aeronautics and Space Administration, the 

16 Secretary of Commerce, the Secretary of Homeland Secu17 rity, and the head of any other Federal agency from which 

18 the Secretary of Transportation requests assistance under 

19 subparagraph (A) shall designate a senior official in the 

20 agency to be responsible for— 

21 ‘‘(i) carrying out the activities of the agency re22 lating to the Next Generation Air Transportation 

23 System in coordination with the Office, including the 

24 execution of all aspects of the work of the agency in 
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1 developing and implementing the integrated work 

2 plan described in subsection (b)(5); 

3 ‘‘(ii) serving as a liaison for the agency in ac4 tivities of the agency relating to the Next Generation 

5 Air Transportation System and coordinating with 

6 other Federal agencies involved in activities relating 

7 to the System; and 

8 ‘‘(iii) ensuring that the agency meets its obliga9 tions as set forth in any memorandum of under10 standing executed by or on behalf of the agency relat11 ing to the Next Generation Air Transportation Sys12 tem. 

13 ‘‘(C) The head of a Federal agency referred to in sub14 paragraph (B) shall ensure that— 

15 ‘‘(i) the responsibilities of the agency relating to 

16 the Next Generation Air Transportation System are 

17 clearly communicated to the senior official of the 

18 agency designated under subparagraph (B); and 

19 ‘‘(ii) the performance of the senior official in 

20 carrying out the responsibilities of the agency relating 

21 to the Next Generation Air Transportation System is 

22 reflected in the official’s annual performance evalua23 tions and compensation. 

24 ‘‘(D) The head of a Federal agency referred to in sub25 paragraph (B) shall— 
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1 ‘‘(i) establish or designate an office within the 

2 agency to carry out its responsibilities under the 

3 memorandum of understanding under the supervision 

4 of the designated official; and 

5 ‘‘(ii) ensure that the designated official has suffi6 cient budgetary authority and staff resources to carry 

7 out the agency’s Next Generation Air Transportation 

8 System responsibilities as set forth in the integrated 

9 plan under subsection (b). 

10 ‘‘(E) Not later than 6 months after the date of enact11 ment of this subparagraph, the head of each Federal agency 

12 that has responsibility for carrying out any activity under 

13 the integrated plan under subsection (b) shall execute a 

14 memorandum of understanding with the Office obligating 

15 that agency to carry out the activity.’’. 

16 (4) COORDINATION WITH OMB.—Section 709(a) 

17 of such Act (117 Stat. 2582) is further amended by 

18 adding at the end the following: 

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

20 Office of Management and Budget to develop a process 

21 whereby the Director will identify projects related to the 

22 Next Generation Air Transportation System across the 

23 agencies referred to in paragraph (4)(A) and consider the 

24 Next Generation Air Transportation System as a unified, 

25 cross-agency program. 
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1 ‘‘(B) The Director, to the maximum extent practicable, 

2 shall— 

3 ‘‘(i) ensure that— 

4 ‘‘(I) each Federal agency covered by the 

5 plan has sufficient funds requested in the Presi6 dent’s budget, as submitted under section 

7 1105(a) of title 31, United States Code, for each 

8 fiscal year covered by the plan to carry out its 

9 responsibilities under the plan; and 

10 ‘‘(II) the development and implementation 

11 of the Next Generation Air Transportation Sys12 tem remains on schedule; 

13 ‘‘(ii) include, in the President’s budget, a state14 ment of the portion of the estimated budget of each 

15 Federal agency covered by the plan that relates to the 

16 activities of the agency under the Next Generation Air 

17 Transportation System initiative; and 

18 ‘‘(iii) identify and justify as part of the Presi19 dent’s budget submission any inconsistencies between 

20 the plan and amounts requested in the budget. 

21 ‘‘(7) The Associate Administrator of the Next Genera22 tion Air Transportation System shall be a voting member 

23 of the Joint Resources Council of the Federal Aviation Ad24 ministration.’’. 
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1 (b) INTEGRATED PLAN.—Section 709(b) of such Act 

2 (117 Stat. 2583) is amended— 

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

4 (A) by striking ‘‘meets air’’ and inserting 

5 ‘‘meets anticipated future air’’; and 

6 (B) by striking ‘‘beyond those currently in7 cluded in the Federal Aviation Administration’s 

8 operational evolution plan’’; 

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

10 (3); 

11 (3) by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’; and 

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

14 ‘‘(5) a multiagency integrated work plan for the 

15 Next Generation Air Transportation System that in16 cludes— 

17 ‘‘(A) an outline of the activities required to 

18 achieve the end-state architecture, as expressed in 

19 the concept of operations and enterprise architec20 ture documents, that identifies each Federal 

21 agency or other entity responsible for each activ22 ity in the outline; 

23 ‘‘(B) details on a year-by-year basis of spe24 cific accomplishments, activities, research re25 quirements, rulemakings, policy decisions, and 
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1 other milestones of progress for each Federal 

2 agency or entity conducting activities relating to 

3 the Next Generation Air Transportation System; 

4 ‘‘(C) for each element of the Next Genera5 tion Air Transportation System, an outline, on 

6 a year-by-year basis, of what is to be accom7 plished in that year toward meeting the Next 

8 Generation Air Transportation System’s end9 state architecture, as expressed in the concept of 

10 operations and enterprise architecture docu11 ments, as well as identifying each Federal agen12 cy or other entity that will be responsible for 

13 each component of any research, development, or 

14 implementation program; 

15 ‘‘(D) an estimate of all necessary expendi16 tures on a year-by-year basis, including a state17 ment of each Federal agency or entity’s responsi18 bility for costs and available resources, for each 

19 stage of development from the basic research 

20 stage through the demonstration and implemen21 tation phase; 

22 ‘‘(E) a clear explanation of how each step 

23 in the development of the Next Generation Air 

24 Transportation System will lead to the following 

25 step and of the implications of not successfully 
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1 completing a step in the time period described in 

2 the integrated work plan; 

3 ‘‘(F) a transition plan for the implementa4 tion of the Next Generation Air Transportation 

5 System that includes date-specific milestones for 

6 the implementation of new capabilities into the 

7 national airspace system; 

8 ‘‘(G) date-specific timetables for meeting the 

9 environmental goals identified in subsection 

10 (a)(3)(I); and 

11 ‘‘(H) a description of potentially significant 

12 operational or workforce changes resulting from 

13 deployment of the Next Generation Air Trans14 portation System.’’. 

15 (c) NEXTGEN IMPLEMENTATION PLAN.—Section 

16 709(d) of such Act (117 Stat. 2584) is amended to read 

17 as follows: 

18 ‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Admin19 istrator of the Federal Aviation Administration shall de20 velop and publish annually the document known as the 

21 ‘NextGen Implementation Plan’, or any successor docu22 ment, that provides a detailed description of how the agency 

23 is implementing the Next Generation Air Transportation 

24 System.’’. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 709(e) of such Act (117 Stat. 2584) is amended by striking 

3 ‘‘2010’’ and inserting ‘‘2012’’. 

4 (e) CONTINGENCY PLANNING.—The Associate Adminis5 trator for the Next Generation Air Transportation System 

6 shall, as part of the design of the System, develop contin7 gency plans for dealing with the degradation of the System 

8 in the event of a natural disaster, major equipment failure, 

9 or act of terrorism. 

10 SEC. 203. NEXT GENERATION AIR TRANSPORTATION SEN11 IOR POLICY COMMITTEE. 

12 (a) MEETINGS.—Section 710(a) of Vision 100—Cen13 tury of Aviation Reauthorization Act (49 U.S.C. 40101 

14 note; 117 Stat. 2584) is amended by inserting before the 

15 period at the end the following ‘‘and shall meet at least 

16 twice each year’’. 

17 (b) ANNUAL REPORT.—Section 710 of such Act (117 

18 Stat. 2584) is amended by adding at the end the following: 

19 ‘‘(e) ANNUAL REPORT.— 

20 ‘‘(1) SUBMISSION TO CONGRESS.—Not later than 

21 one year after the date of enactment of this subsection, 

22 and annually thereafter on the date of submission of 

23 the President’s budget request to Congress under sec24 tion 1105(a) of title 31, United States Code, the Sec25 retary shall submit to the Committee on Transpor-
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1 tation and Infrastructure and the Committee on 

2 Science and Technology of the House of Representa3 tives and the Committee on Commerce, Science, and 

4 Transportation of the Senate a report summarizing 

5 the progress made in carrying out the integrated work 

6 plan required by section 709(b)(5) and any changes 

7 in that plan. 

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

9 ‘‘(A) a copy of the updated integrated work 

10 plan; 

11 ‘‘(B) a description of the progress made in 

12 carrying out the integrated work plan and any 

13 changes in that plan, including any changes 

14 based on funding shortfalls and limitations set 

15 by the Office of Management and Budget; 

16 ‘‘(C) a detailed description of— 

17 ‘‘(i) the success or failure of each item 

18 of the integrated work plan for the previous 

19 year and relevant information as to why 

20 any milestone was not met; and 

21 ‘‘(ii) the impact of not meeting the 

22 milestone and what actions will be taken in 

23 the future to account for the failure to com24 plete the milestone; 
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1 ‘‘(D) an explanation of any change to fu2 ture years in the integrated work plan and the 

3 reasons for such change; and 

4 ‘‘(E) an identification of the levels of fund5 ing for each agency participating in the inte6 grated work plan devoted to programs and ac7 tivities under the plan for the previous fiscal 

8 year and in the President’s budget request.’’. 

9 SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD10 CAST SERVICES. 

11 (a) REPORT ON FAA PROGRAM AND SCHEDULE.— 

12 (1) IN GENERAL.—The Administrator of the Fed13 eral Aviation Administration shall prepare a report 

14 detailing the program and schedule for integrating 

15 automatic dependent surveillance-broadcast (in this 

16 section referred to as ‘‘ADS-B’’) technology into the 

17 national airspace system. 

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

19 (A) a description of segment 1 and segment 

20 2 activity to acquire ADS-B services; 

21 (B) a description of plans for implementa22 tion of advanced operational procedures and 

23 ADS-B air-to-air applications; 

24 (C) a description of possible options for ex25 panding surveillance coverage beyond the ground 
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1 stations currently under contract, including en2 hanced ground signal coverage at airports; and 

3 (D) a detailed description of the protections 

4 that the Administration will require as part of 

5 any contract or program in the event of a con6 tractor’s default, bankruptcy, acquisition by an7 other entity, or any other event jeopardizing the 

8 uninterrupted provision of ADS-B services. 

9 (3) SUBMISSION TO CONGRESS.—Not later than 

10 90 days after the date of enactment of this Act, the 

11 Administrator shall submit to the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate the report 

15 prepared under paragraph (1). 

16 (b) REQUIREMENTS OF FAA CONTRACTS FOR ADS-B 

17 SERVICES.—Any contract entered into by the Adminis18 trator with an entity to acquire ADS-B services shall con19 tain terms and conditions that— 

20 (1) require approval by the Administrator before 

21 the contract may be assigned to or assumed by an22 other entity, including any successor entity, sub23 sidiary of the contractor, or other corporate entity; 

24 (2) provide that the assets, equipment, hardware, 

25 and software used in the performance of the contract 
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1 be designated as critical national infrastructure for 

2 national security and related purposes; 

3 (3) require the contractor to provide continued 

4 broadcast services for a reasonable period, as deter5 mined by the Administrator, until the provision of 

6 such services can be transferred to another vendor or 

7 to the Government in the event of a termination of the 

8 contract; 

9 (4) require the contractor to provide continued 

10 broadcast services for a reasonable period, as deter11 mined by the Administrator, until the provision of 

12 such services can be transferred to another vendor or 

13 to the Government in the event of material non14 performance, as determined by the Administrator; 

15 and 

16 (5) permit the Government to acquire or utilize 

17 for a reasonable period, as determined by the Admin18 istrator, the assets, equipment, hardware, and soft19 ware necessary to ensure the continued and uninter20 rupted provision of ADS-B services and to have ready 

21 access to such assets, equipment, hardware, and soft22 ware through its own personnel, agents, or others, if 

23 the Administrator provides reasonable compensation 

24 for such acquisition or utilization. 

25 (c) REVIEW BY DOT INSPECTOR GENERAL.— 
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1 (1) IN GENERAL.—The Inspector General of the 

2 Department of Transportation shall conduct a review 

3 concerning the Federal Aviation Administration’s 

4 award and oversight of any contract entered into by 

5 the Administration to provide ADS-B services for the 

6 national airspace system. 

7 (2) CONTENTS.—The review shall include, at a 

8 minimum— 

9 (A) an examination of how program risks 

10 are being managed; 

11 (B) an assessment of expected benefits at12 tributable to the deployment of ADS-B services, 

13 including the implementation of advanced oper14 ational procedures and air-to-air applications as 

15 well as to the extent to which ground radar will 

16 be retained; 

17 (C) a determination of whether the Admin18 istration has established sufficient mechanisms to 

19 ensure that all design, acquisition, operation, 

20 and maintenance requirements have been met by 

21 the contractor; 

22 (D) an assessment of whether the Adminis23 tration and any contractors are meeting cost, 

24 schedule, and performance milestones, as meas25 ured against the original baseline of the Admin-
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1 istration’s program for providing ADS-B serv2 ices; 

3 (E) an assessment of whether security issues 

4 are being adequately addressed in the overall de5 sign and implementation of the ADS-B system; 

6 and 

7 (F) any other matters or aspects relating to 

8 contract implementation and oversight that the 

9 Inspector General determines merit attention. 

10 (3) REPORTS TO CONGRESS.—The Inspector 

11 General shall periodically, on at least an annual 

12 basis, submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and Trans15 portation of the Senate a report on the results of the 

16 review conducted under this subsection. 

17 SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 

18 CONTROL MODERNIZATION PROJECTS. 

19 (a) IN GENERAL.—The Administrator of the Federal 

20 Aviation Administration shall establish a process for in21 cluding in the planning, development, and deployment of 

22 air traffic control modernization projects (including the 

23 Next Generation Air Transportation System) and collabo24 rating with qualified employees selected by each exclusive 

25 collective bargaining representative of employees of the Ad-
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1 ministration who are likely to be impacted by such plan2 ning, development, and deployment. 

3 (b) PARTICIPATION.— 

4 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

5 Participation in the process described in subsection 

6 (a) shall not be construed as a waiver of any bar7 gaining obligations or rights under section 

8 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

9 States Code. 

10 (2) CAPACITY AND COMPENSATION.—Exclusive 

11 collective bargaining representatives and selected em12 ployees participating in the process described in sub13 section (a) shall— 

14 (A) serve in a collaborative and advisory 

15 capacity; and 

16 (B) receive appropriate travel and per diem 

17 expenses in accordance with the travel policies of 

18 the Administration in addition to any regular 

19 compensation and benefits. 

20 (c) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Administrator shall submit 

22 to the Committee on Transportation and Infrastructure of 

23 the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate a report 

25 on the implementation of this section. 
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1 SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 

2 TRANSFORMING TO THE NEXT GENERATION 

3 AIR TRANSPORTATION SYSTEM. 

4 (a) IN GENERAL.—The Comptroller General shall con5 duct a review of the progress and challenges associated with 

6 transforming the Nation’s air traffic control system into the 

7 Next Generation Air Transportation System (in this section 

8 referred to as the ‘‘NextGen System’’). 

9 (b) REVIEW.—The review shall include the following: 

10 (1) An evaluation of the continued implementa11 tion and institutionalization of the processes that are 

12 key to the ability of the Air Traffic Organization to 

13 effectively maintain management structures and sys14 tems acquisitions procedures utilized under the cur15 rent air traffic control modernization program as a 

16 basis for the NextGen System. 

17 (2) An assessment of the progress and challenges 

18 associated with collaboration and contributions of the 

19 partner agencies working with the Joint Planning 

20 and Development Office of the Federal Aviation Ad21 ministration (in this section referred to as the 

22 ‘‘JPDO’’) in planning and implementing the NextGen 

23 System. 

24 (3) The progress and challenges associated with 

25 coordinating government and industry stakeholders in 

26 activities relating to the NextGen System, including 
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1 an assessment of the contributions of the NextGen In2 stitute. 

3 (4) An assessment of planning and implementa4 tion of the NextGen System against established sched5 ules, milestones, and budgets. 

6 (5) An evaluation of the recently modified orga7 nizational structure of the JPDO. 

8 (6) An examination of transition planning by 

9 the Air Traffic Organization and the JPDO. 

10 (7) Any other matters or aspects of planning and 

11 coordination of the NextGen System by the Federal 

12 Aviation Administration and the JPDO that the 

13 Comptroller General determines appropriate. 

14 (c) REPORTS.— 

15 (1) REPORT TO CONGRESS ON PRIORITIES.—Not 

16 later than 1 after the date of enactment of this Act, 

17 the Comptroller General shall determine the priority 

18 of topics to be reviewed under this section and report 

19 such priorities to the Committee on Transportation 

20 and Infrastructure and the Committee on Science and 

21 Technology of the House of Representatives and the 

22 Committee on Commerce, Science, and Transpor23 tation of the Senate. 

24 (2) PERIODIC REPORTS TO CONGRESS ON RE25 SULTS OF THE REVIEW.—The Comptroller General 
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1 shall periodically submit to the committees referred to 

2 in paragraph (1) a report on the results of the review 

3 conducted under this section. 

4 SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANS5 PORTATION SYSTEM ACQUISITION AND PRO6 CEDURES DEVELOPMENT. 

7 (a) STUDY.—The Comptroller General shall conduct a 

8 review of the progress made and challenges related to the 

9 acquisition of designated technologies and the development 

10 of procedures for the Next Generation Air Transportation 

11 System (in this section referred to as the ‘‘NextGen Sys12 tem’’). 

13 (b) SPECIFIC SYSTEMS REVIEW.—The review shall in14 clude, at a minimum, an examination of the acquisition 

15 costs, schedule, and other relevant considerations for the fol16 lowing systems: 

17 (1) En Route Automation Modernization 

18 (ERAM). 

19 (2) Standard Terminal Automation Replacement 

20 System/Common Automated Radar Terminal System 

21 (STARS/CARTS). 

22 (3) Automatic Dependent Surveillance-Broadcast 

23 (ADS-B). 

24 (4) System Wide Information Management 

25 (SWIM). 
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1 (5) Traffic Flow Management Modernization 

2 (TFM-M). 

3 (c) REVIEW.—The review shall include, at a min4 imum, an assessment of the progress and challenges related 

5 to the development of standards, regulations, and proce6 dures that will be necessary to implement the NextGen Sys7 tem, including required navigation performance, area navi8 gation, the airspace management program, and other pro9 grams and procedures that the Comptroller General identi10 fies as relevant to the transformation of the air traffic sys11 tem. 

12 (d) PERIODIC REPORTS TO CONGRESS ON RESULTS OF

13 THE REVIEW.—The Comptroller General shall periodically 

14 submit to the Committee on Transportation and Infrastruc15 ture and the Committee on Science and Technology of the 

16 House of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate a report on the 

18 results of the review conducted under this section. 

19 SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPER20 ATIONAL AND APPROACH PROCEDURES BY A 

21 THIRD PARTY. 

22 (a) REVIEW.—The Inspector General of the Depart23 ment of Transportation shall conduct a review regarding 

24 the effectiveness of the oversight activities conducted by the 

25 Federal Aviation Administration in connection with any 
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1 agreement with or delegation of authority to a third party 

2 for the development of flight procedures, including public 

3 use procedures, for the national airspace system. 

4 (b) ASSESSMENTS.—The Inspector General shall in5 clude, at a minimum, in the review— 

6 (1) an assessment of the extent to which the Fed7 eral Aviation Administration is relying or intends to 

8 rely on a third party for the development of new pro9 cedures and a determination of whether the Adminis10 tration has established sufficient mechanisms and 

11 staffing to provide safety oversight functions, which 

12 may include quality assurance processes, flight checks, 

13 integration of procedures into the National Aviation 

14 System, and operational assessments of procedures de15 veloped by third parties; and 

16 (2) an assessment regarding whether the Admin17 istration has sufficient existing personnel and tech18 nical resources or mechanisms to develop such flight 

19 procedures in a safe and efficient manner to meet the 

20 demands of the national airspace system without the 

21 use of third party resources. 

22 (c) REPORT.—Not later than 1 after the date of enact23 ment of this Act, the Inspector General shall submit to the 

24 Committee on Transportation and Infrastructure of the 

25 House of Representatives and the Committee on Commerce, 
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1 Science, and Transportation of the Senate a report on the 

2 results of the review conducted under this section, including 

3 the assessments described in subsection (b). 

4 SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 

5 FOR NEXT GENERATION AIR TRANSPOR6 TATION SYSTEM. 

7 (a) REVIEW.—The Administrator of the Federal Avia8 tion Administration shall enter into an arrangement with 

9 the National Research Council to review the enterprise ar10 chitecture for the Next Generation Air Transportation Sys11 tem. 

12 (b) CONTENTS.—At a minimum, the review to be con13 ducted under subsection (a) shall— 

14 (1) highlight the technical activities, including 

15 human-system design, organizational design, and 

16 other safety and human factor aspects of the system, 

17 that will be necessary to successfully transition cur18 rent and planned modernization programs to the fu19 ture system envisioned by the Joint Planning and De20 velopment Office of the Administration; 

21 (2) assess technical, cost, and schedule risk for 

22 the software development that will be necessary to 

23 achieve the expected benefits from a highly automated 

24 air traffic management system and the implications 

25 for ongoing modernization projects; and 
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1 (3) include judgments on how risks with automa2 tion efforts for the Next Generation Air Transpor3 tation System can be mitigated based on the experi4 ences of other public or private entities in developing 

5 complex, software-intensive systems. 

6 (c) REPORT.—Not later than 1 after the date of enact7 ment of this Act, the Administrator shall submit to Congress 

8 a report containing the results of the review conducted pur9 suant to subsection (a). 

10 SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 

11 Of amounts appropriated under section 48101(a) of 

12 title 49, United States Code, the Administrator of the Fed13 eral Aviation Administration shall use such sums as may 

14 be necessary for each of the fiscal years 2010 through 2012 

15 to contribute to the establishment by a public-private part16 nership (including a university component with significant 

17 aviation expertise in air traffic management, simulation, 

18 meteorology, and engineering and aviation business) an 

19 airport-based testing site for existing Next Generation Air 

20 Transport System technologies. The Administrator shall en21 sure that next generation air traffic control integrated sys22 tems developed by private industries are installed at the site 

23 for demonstration, operational research, and evaluation by 

24 the Administration. The testing site shall serve a mix of 

25 general aviation and commercial traffic. 
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1 SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 

2 REIMBURSABLE AGREEMENTS. 

3 Section 106(m) is amended in the last sentence by in4 serting ‘‘with or’’ before ‘‘without reimbursement’’. 

5 SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 

6 Section 40102(a)(4) is amended— 

7 (1) by redesignating subparagraph (D) as sub8 paragraph (E); 

9 (2) by striking subparagraphs (B) and (C) and 

10 inserting the following: 

11 ‘‘(B) runway lighting and airport surface 

12 visual and other navigation aids; 

13 ‘‘(C) aeronautical and meteorological infor14 mation to air traffic control facilities or aircraft; 

15 ‘‘(D) communication, navigation, or sur16 veillance equipment for air-to-ground or air-to17 air applications;’’; 

18 (3) in subparagraph (E) (as redesignated by 

19 paragraph (1) of this section)— 

20 (A) by striking ‘‘another structure’’ and in21 serting ‘‘any structure, equipment,’’; and 

22 (B) by striking the period at the end and 

23 inserting ‘‘; and’’; and 

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

25 ‘‘(F) buildings, equipment, and systems 

26 dedicated to the national airspace system.’’. 
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1 SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVEN2 TORY. 

3 Section 40110(a)(2) is amended by striking ‘‘com4 pensation’’ and inserting ‘‘compensation, and the amount 

5 received shall be credited as an offsetting collection to the 

6 account from which the amount was expended and shall re7 main available until expended’’. 

8 SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU9 THORITY. 

10 Section 40110(c) is amended— 

11 (1) by striking the semicolon at the end of para12 graph (3) and inserting ‘‘; and’’; 

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

14 (3) by redesignating paragraph (5) as para15 graph (4). 

16 SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORI17 TIES. 

18 Section 40113(e) is amended— 

19 (1) in paragraph (1)— 

20 (A) by inserting ‘‘public and private’’ before 

21 ‘‘foreign aviation authorities’’; and 

22 (B) by striking the period at the end of the 

23 first sentence and inserting ‘‘or efficiency. The 

24 Administrator may participate in, and submit 

25 offers in response to, competitions to provide 

26 such services and may contract with foreign 
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1 aviation authorities to provide such services con2 sistent with section 106(l)(6). Notwithstanding 

3 any other provision of law or policy, the Admin4 istrator may accept payments received under 

5 this subsection in arrears.’’; and 

6 (2) in paragraph (3) by striking ‘‘credited’’ and 

7 all that follows through the period at the end and in8 serting ‘‘credited as an offsetting collection to the ac9 count from which the expenses were incurred in pro10 viding such services and shall remain available until 

11 expended.’’. 

12 SEC. 216. FRONT LINE MANAGER STAFFING. 

13 (a) STUDY.—Not later than 90 days after the date of 

14 enactment of this Act, the Administrator of the Federal 

15 Aviation Administration shall initiate a study on front line 

16 manager staffing requirements in air traffic control facili17 ties. 

18 (b) CONSIDERATIONS.—In conducting the study, the 

19 Administrator shall take into consideration— 

20 (1) the number of supervisory positions of oper21 ation requiring watch coverage in each air traffic 

22 control facility; 

23 (2) coverage requirements in relation to traffic 

24 demand; 

25 (3) facility type; 
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1 (4) complexity of traffic and managerial respon2 sibilities; 

3 (5) proficiency and training requirements; and 

4 (6) such other factors as the Administrator con5 siders appropriate. 

6 (c) DETERMINATIONS.—The Administrator shall 

7 transmit any determinations made as a result of the study 

8 to the Chief Operating Officer for the air traffic control sys9 tem. 

10 (d) REPORT.—Not later than 1 after the date of enact11 ment of this Act, the Administrator shall submit to the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate a report on the 

15 results of the study and a description of any determinations 

16 submitted to the Chief Operating Officer under subsection 

17 (c). 

18 SEC. 217. FLIGHT SERVICE STATIONS. 

19 (a) ESTABLISHMENT OF MONITORING SYSTEM.—Not 

20 later than 60 days after the date of enactment of this Act, 

21 the Administrator of the Federal Aviation Administration 

22 shall develop and implement a monitoring system for flight 

23 service specialist staffing and training under service con24 tracts for flight service stations. 
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1 (b) COMPONENTS.—At a minimum, the monitoring 

2 system shall include mechanisms to monitor— 

3 (1) flight specialist staffing plans for individual 

4 facilities; 

5 (2) actual staffing levels for individual facilities; 

6 (3) the initial and recurrent certification and 

7 training of flight service specialists on the safety, 

8 operational, and technological aspects of flight serv9 ices, including any certification and training nec10 essary to meet user demand; and 

11 (4) system outages, excessive hold times, dropped 

12 calls, poor quality briefings, and any other safety or 

13 customer service issues under a contract for flight 

14 service station services. 

15 (c) REPORT TO CONGRESS.—Not later than 90 days 

16 after the date of enactment of this Act, the Administrator 

17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate a report containing— 

21 (1) a description of monitoring system; 

22 (2) if the Administrator determines that contrac23 tual changes or corrective actions are required for the 

24 Administration to ensure that the vendor under a 

25 contract for flight service station services provides safe 
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1 and high quality service to consumers, a description 

2 of the changes or actions required; and 

3 (3) a description of the contingency plans of the 

4 Administrator and the protections that the Adminis5 trator will have in place to provide uninterrupted 

6 flight service station services in the event of— 

7 (A) material non-performance of the con8 tract; 

9 (B) a vendor’s default, bankruptcy, or ac10 quisition by another entity; or 

11 (C) any other event that could jeopardize 

12 the uninterrupted provision of flight service sta13 tion services. 

14 SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CEN15 TER OF EXCELLENCE. 

16 (a) ESTABLISHMENT.—Of the amount appropriated 

17 under section 48101(a) of title 49, United States Code, the 

18 Administrator of the Federal Aviation Administration shall 

19 use such sums as may be necessary for each of fiscal years 

20 2010 through 2012 to contribute to the establishment of a 

21 center of excellence for the research and development of Next 

22 Generation Air Transportation System technologies. 

23 (b) FUNCTIONS.—The center established under sub24 section (a) shall— 
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1 (1) leverage the centers of excellence program of 

2 the Federal Aviation Administration, as well as other 

3 resources and partnerships, to enhance the develop4 ment of Next Generation Air Transportation System 

5 technologies within academia and industry; and 

6 (2) provide educational, technical, and analyt7 ical assistance to the Federal Aviation Administra8 tion and other Federal agencies with responsibilities 

9 to research and develop Next Generation Air Trans10 portation System technologies. 

11 SEC. 219. AIRSPACE REDESIGN. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) The airspace redesign efforts of the Federal 

14 Aviation Administration will play a critical near15 term role in enhancing capacity, reducing delays, 

16 transitioning to more flexible routing, and ultimately 

17 saving money in fuel costs for airlines and airspace 

18 users. 

19 (2) The critical importance of airspace redesign 

20 efforts is underscored by the fact that they are high21 lighted in strategic plans of the Administration, in22 cluding Flight Plan 2009–2013 and the document 

23 known as the ‘‘NextGen Implementation Plan’’. 
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1 (3) Funding cuts have led to delays and deferrals 

2 of critical capacity enhancing airspace redesign ef3 forts. 

4 (4) Several new runways planned for the period 

5 of fiscal years 2010 to 2012 will not provide esti6 mated capacity benefits without additional funds. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi8 tion to amounts authorized by section 106(k) of title 49, 

9 United States Code, there are authorized to be appropriated 

10 to the Administrator of the Federal Aviation Administra11 tion $20,000,000 for each of fiscal years 2010, 2011, and 

12 2012 to carry out such airspace redesign initiatives as the 

13 Administrator determines appropriate. 

14 (c) ADDITIONAL AMOUNTS.—Of the amounts appro15 priated under section 48101(a) of such title, the Adminis16 trator may use $5,000,000 for each of fiscal years 2010, 

17 2011, and 2012 to carry out such airspace redesign initia18 tives as the Administrator determines appropriate. 

19 TITLE III—SAFETY 

20 Subtitle A—General Provisions 

21 SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER22 TIFICATES. 

23 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 

24 44703(d) is amended by adding at the end the following: 
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1 ‘‘(3) JUDICIAL REVIEW.—A person who is sub2 stantially affected by an order of the Board under 

3 this subsection, or the Administrator if the Adminis4 trator decides that an order of the Board will have a 

5 significant adverse impact on carrying out this sub6 title, may seek judicial review of the order under sec7 tion 46110. The Administrator shall be made a party 

8 to the judicial review proceedings. The findings of fact 

9 of the Board in any such case are conclusive if sup10 ported by substantial evidence.’’. 

11 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

12 amended by striking ‘‘section 44709 or’’ and inserting ‘‘sec13 tion 44703(d), 44709, or’’. 

14 SEC. 302. RELEASE OF DATA RELATING TO ABANDONED 

15 TYPE CERTIFICATES AND SUPPLEMENTAL 

16 TYPE CERTIFICATES. 

17 (a) RELEASE OF DATA.—Section 44704(a) is amended 

18 by adding at the end the following: 

19 ‘‘(5) RELEASE OF DATA.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of law, the Administrator may 

22 make available upon request to a person seeking 

23 to maintain the airworthiness of an aircraft, en24 gine, propeller, or appliance, engineering data in 

25 the possession of the Administration relating to 
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1 a type certificate or a supplemental type certifi2 cate for such aircraft, engine, propeller, or appli3 ance, without the consent of the owner of record, 

4 if the Administrator determines that— 

5 ‘‘(i) the certificate containing the re6 quested data has been inactive for 3 or more 

7 years; 

8 ‘‘(ii) after using due diligence, the Ad9 ministrator is unable to find the owner of 

10 record, or the owner of record’s heir, of the 

11 type certificate or supplemental certificate; 

12 and 

13 ‘‘(iii) making such data available will 

14 enhance aviation safety. 

15 ‘‘(B) ENGINEERING DATA DEFINED.—In 

16 this section, the term ‘engineering data’ as used 

17 with respect to an aircraft, engine, propeller, or 

18 appliance means type design drawing and speci19 fications for the entire aircraft, engine, propeller, 

20 or appliance or change to the aircraft, engine, 

21 propeller, or appliance, including the original 

22 design data, and any associated supplier data 

23 for individual parts or components approved as 

24 part of the particular certificate for the aircraft 

25 engine, propeller, or appliance.’’. 
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1 (b) DESIGN ORGANIZATION CERTIFICATES.—Section 

2 44704(e)(1) is amended by striking ‘‘Beginning 7 years 

3 after the date of enactment of this subsection,’’ and inserting 

4 ‘‘Beginning January 1, 2014,’’. 

5 SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 

6 (a) IN GENERAL.—Chapter 447 is amended by adding 

7 at the end the following: 

8 ‘‘§ 44730. Inspection of foreign repair stations 

9 ‘‘(a) IN GENERAL.—Not later than one year after the 

10 date of enactment of this section, and annually thereafter, 

11 the Administrator of the Federal Aviation Administration 

12 shall— 

13 ‘‘(1) submit to Congress a certification that each 

14 foreign repair station that is certified by the Admin15 istrator under part 145 of title 14, Code of Federal 

16 Regulations, and performs work on air carrier air17 craft or components has been inspected by safety in18 spectors of the Administration not fewer than 2 times 

19 in the preceding calendar year; 

20 ‘‘(2) modify the certification requirements under 

21 such part to include testing for the use of alcohol or 

22 a controlled substance in accordance with section 

23 45102 of any individual performing a safety-sensitive 

24 function at a foreign aircraft repair station, includ25 ing an individual working at a station of a third 
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1 party with whom an air carrier contracts to perform 

2 work on air carrier aircraft or components; and 

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

4 that have foreign repair stations that perform work 

5 on air carrier aircraft and components to ensure har6 monization of the safety standards of such countries 

7 with those of the United States, including standards 

8 governing maintenance requirements, education and 

9 licensing of maintenance personnel, training, over10 sight, and mutual inspection of work sites. 

11 ‘‘(b) REGULATORY AUTHORITY WITH RESPECT TO

12 CERTAIN FOREIGN REPAIR STATIONS.—With respect to re13 pair stations that are located in countries that are party 

14 to the agreement entitled ‘‘Agreement between the United 

15 States of America and the European Community on Co16 operation in the Regulation of Civil Aviation Safety’’, 

17 dated June 30, 2008, the requirements of subsection (a) are 

18 an exercise of the rights of the United States under para19 graph A of Article 15 of the Agreement, which provides that 

20 nothing in the Agreement shall be construed to limit the 

21 authority of a party to determine through its legislative, 

22 regulatory, and administrative measures, the level of protec23 tion it considers appropriate for civil aviation safety.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for such 

25 chapter is amended by adding at the end the following: 

‘‘44730. Inspection of foreign repair stations.’’. 
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1 SEC. 304. RUNWAY SAFETY. 

2 (a) STRATEGIC RUNWAY SAFETY PLAN.— 

3 (1) IN GENERAL.—Not later than 6 months after 

4 the date of enactment of this Act, the Administrator 

5 of the Federal Aviation Administration shall develop 

6 and submit to Congress a report containing a stra7 tegic runway safety plan. 

8 (2) CONTENTS OF PLAN.—The strategic runway 

9 safety plan— 

10 (A) shall include, at a minimum— 

11 (i) goals to improve runway safety; 

12 (ii) near- and longer-term actions de13 signed to reduce the severity, number, and 

14 rate of runway incursions; 

15 (iii) timeframes and resources needed 

16 for the actions described in clause (ii); and 

17 (iv) a continuous evaluative process to 

18 track performance toward the goals referred 

19 to in clause (i); and 

20 (B) shall address the increased runway safe21 ty risk associated with the expected increased 

22 volume of air traffic. 

23 (b) PLAN FOR INSTALLATION AND DEPLOYMENT OF

24 SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY IN25 CURSIONS.—Not later than December 31, 2009, the Admin26 istrator of the Federal Aviation Administration shall sub-
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1 mit to Congress a report containing a plan for the installa2 tion and deployment of systems the Administration is in3 stalling to alert controllers or flight crews, or both, of poten4 tial runway incursions. The plan shall be integrated into 

5 the annual NextGen Implementation Plan document of the 

6 Administration or any successor document. 

7 SEC. 305. IMPROVED PILOT LICENSES. 

8 (a) IN GENERAL.—Not later than 6 months after the 

9 date of enactment of this Act, the Administrator of the Fed10 eral Aviation Administration shall begin to issue improved 

11 pilot licenses consistent with the requirements of title 49, 

12 United States Code, and title 14, Code of Federal Regula13 tions. 

14 (b) REQUIREMENTS.—Improved pilots licenses issued 

15 under subsection (a) shall— 

16 (1) be resistant to tampering, alteration, and 

17 counterfeiting; 

18 (2) include a photograph of the individual to 

19 whom the license is issued; and 

20 (3) be capable of accommodating a digital photo21 graph, a biometric identifier, or any other unique 

22 identifier that the Administrator considers necessary. 

23 (c) TAMPERING.—To the extent practical, the Admin24 istrator shall develop methods to determine or reveal wheth25 er any component or security feature of a license issued 
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1 under subsection (a) has been tampered, altered, or counter2 feited. 

3 (d) USE OF DESIGNEES.—The Administrator may use 

4 designees to carry out subsection (a) to the extent feasible 

5 in order to minimize the burdens on pilots. 

6 (e) REPORT.—Not later than 9 months after the date 

7 of enactment of this Act and every 6 months thereafter until 

8 September 30, 2012, the Administrator shall submit to the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a report on the 

12 issuance of improved pilot licenses under this section. 

13 SEC. 306. FLIGHT CREW FATIGUE. 

14 (a) IN GENERAL.—Not later than 3 months after the 

15 date of enactment of this Act, the Administrator of the Fed16 eral Aviation Administration shall conclude arrangements 

17 with the National Academy of Sciences for a study of pilot 

18 fatigue. 

19 (b) STUDY.—The study shall include consideration 

20 of— 

21 (1) research on pilot fatigue, sleep, and circa22 dian rhythms; 

23 (2) sleep and rest requirements of pilots rec24 ommended by the National Aeronautics and Space 
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1 Administration and the National Transportation 

2 Safety Board; and 

3 (3) Federal Aviation Administration and inter4 national standards regarding flight limitations and 

5 rest for pilots. 

6 (c) REPORT.—Not later than 18 months after initi7 ating the study, the National Academy of Sciences shall 

8 submit to the Administrator a report containing its find9 ings and recommendations regarding the study under sub10 sections (a) and (b), including recommendations with re11 spect to Federal Aviation Administration regulations gov12 erning flight time limitations and rest requirements for pi13 lots. 

14 (d) RULEMAKING.—After the Administrator receives 

15 the report of the National Academy of Sciences, the Admin16 istrator shall consider the findings in the report and update 

17 as appropriate based on scientific data Federal Aviation 

18 Administration regulations governing flight time limita19 tions and rest requirements for pilots. 

20 (e) FLIGHT ATTENDANT FATIGUE.— 

21 (1) STUDY.—The Administrator, acting through 

22 the Civil Aerospace Medical Institute, shall conduct a 

23 study on the issue of flight attendant fatigue. 

24 (2) CONTENTS.—The study shall include the fol25 lowing: 
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1 (A) A survey of field operations of flight at2 tendants. 

3 (B) A study of incident reports regarding 

4 flight attendant fatigue. 

5 (C) Field research on the effects of such fa6 tigue. 

7 (D) A validation of models for assessing 

8 flight attendant fatigue. 

9 (E) A review of international policies and 

10 practices regarding flight limitations and rest of 

11 flight attendants. 

12 (F) An analysis of potential benefits of 

13 training flight attendants regarding fatigue. 

14 (3) REPORT.—Not later than June 30, 2010, the 

15 Administrator shall submit to Congress a report on 

16 the results of the study. 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated such sums as may be nec19 essary to carry out this section. 

20 SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STAND21 ARDS FOR FLIGHT ATTENDANTS ON BOARD 

22 AIRCRAFT. 

23 (a) IN GENERAL.—Chapter 447 (as amended by sec24 tion 303 of this Act) is further amended by adding at the 

25 end the following: 
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1 ‘‘§ 44731. Occupational safety and health standards 

2 for flight attendants on board aircraft 

3 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

4 Aviation Administration shall prescribe and enforce stand5 ards and regulations to ensure the occupational safety and 

6 health of individuals serving as flight attendants in the 

7 cabin of an aircraft of an air carrier. 

8 ‘‘(b) STANDARDS AND REGULATIONS.—Standards and 

9 regulations issued under this section shall require each air 

10 carrier operating an aircraft in air transportation— 

11 ‘‘(1) to provide for an environment in the cabin 

12 of the aircraft that is free from hazards that could 

13 cause physical harm to a flight attendant working in 

14 the cabin; and 

15 ‘‘(2) to meet minimum standards for the occupa16 tional safety and health of flight attendants who work 

17 in the cabin of the aircraft. 

18 ‘‘(c) RULEMAKING.—In carrying out this section, the 

19 Administrator shall conduct a rulemaking proceeding to ad20 dress, at a minimum, the following areas: 

21 ‘‘(1) Record keeping. 

22 ‘‘(2) Blood borne pathogens. 

23 ‘‘(3) Noise. 

24 ‘‘(4) Sanitation. 

25 ‘‘(5) Hazard communication. 

26 ‘‘(6) Anti-discrimination. 
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1 ‘‘(7) Access to employee exposure and medical 

2 records. 

3 ‘‘(8) Temperature standards for the aircraft 

4 cabin. 

5 ‘‘(d) REGULATIONS.— 

6 ‘‘(1) DEADLINE.—Not later than 3 years after 

7 the date of enactment of this section, the Adminis8 trator shall issue final regulations to carry out this 

9 section. 

10 ‘‘(2) CONTENTS.—Regulations issued under this 

11 subsection shall address each of the issues identified 

12 in subsection (c) and others aspects of the environ13 ment of an aircraft cabin that may cause illness or 

14 injury to a flight attendant working in the cabin. 

15 ‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA16 TIONAL SAFETY AND HEALTH HAZARDS.—Regulations 

17 issued under this subsection shall set forth clearly the 

18 circumstances under which an air carrier is required 

19 to take action to address occupational safety and 

20 health hazards. 

21 ‘‘(e) ADDITIONAL RULEMAKING PROCEEDINGS.—After 

22 issuing regulations under subsection (c), the Administrator 

23 may conduct additional rulemaking proceedings as the Ad24 ministrator determines appropriate to carry out this sec25 tion. 
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1 ‘‘(f) OVERSIGHT.— 

2 ‘‘(1) CABIN OCCUPATIONAL SAFETY AND HEALTH

3 INSPECTORS.—The Administrator shall establish the 

4 position of Cabin Occupational Safety and Health 

5 Inspector within the Federal Aviation Administration 

6 and shall employ individuals with appropriate quali7 fications and expertise to serve in the position. 

8 ‘‘(2) RESPONSIBILITIES.—Inspectors employed 

9 under this subsection shall be solely responsible for 

10 conducting proper oversight of air carrier programs 

11 implemented under this section. 

12 ‘‘(g) CONSULTATION.—In developing regulations under 

13 this section, the Administrator shall consult with the Ad14 ministrator of the Occupational Safety and Health Admin15 istration, labor organizations representing flight attend16 ants, air carriers, and other interested persons. 

17 ‘‘(h) SAFETY PRIORITY.—In developing and imple18 menting regulations under this section, the Administrator 

19 shall give priority to the safe operation and maintenance 

20 of an aircraft. 

21 ‘‘(i) FLIGHT ATTENDANT DEFINED.—In this section, 

22 the term ‘flight attendant’ has the meaning given that term 

23 by section 44728. 

24 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated such sums as may be nec-
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1 essary to carry out this section. Such sums shall remain 

2 available until expended.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 447 is amended by adding at the end the following: 

‘‘44731. Occupational safety and health standards for flight attendants on board 

aircraft.’’. 

5 SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS 

6 AREAS. 

7 (a) ESTABLISHMENT.—The Administrator of the Fed8 eral Aviation Administration may establish a pilot pro9 gram to improve safety and efficiency by providing surveil10 lance for aircraft flying outside of radar coverage in moun11 tainous areas. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated such sums as may be nec14 essary to carry out this section. Such sums shall remain 

15 available until expended. 

16 SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATH17 ER OBSERVATION TECHNOLOGY. 

18 (a) STUDY.—The Administrator of the Federal Avia19 tion Administration shall conduct a review of off-airport, 

20 low-altitude aircraft weather observation technologies. 

21 (b) SPECIFIC REVIEW.—The review shall include, at 

22 a minimum, an examination of off-airport, low-altitude 

23 weather reporting needs, an assessment of technical alter24 natives (including automated weather observation stations), 
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1 an investment analysis, and recommendations for improv2 ing weather reporting. 

3 (c) REPORT.—Not later than 1 after the date of enact4 ment of this Act, the Administrator shall submit to Congress 

5 a report containing the results of the review. 

6 SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS. 

7 (a) ISSUANCE OF REGULATIONS.—Not later than 3 

8 years after the date of enactment of this Act, the Adminis9 trator of the Federal Aviation Administration shall issue 

10 regulations requiring that all covered maintenance work on 

11 aircraft used to provide air transportation under part 121 

12 of title 14, Code of Federal Regulations, be performed by 

13 individuals in accordance with subsection (b). 

14 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

15 WORK.—Covered maintenance work for a part 121 air car16 rier shall only be performed by— 

17 (1) an individual employed by the air carrier; 

18 (2) an individual employed by another part 121 

19 air carrier; 

20 (3) an individual employed by a part 145 repair 

21 station; or 

22 (4) an individual employed by a company that 

23 provides contract maintenance workers to a part 145 

24 repair station or part 121 air carrier, if the indi25 vidual— 
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1 (A) meets the requirements of the part 145 

2 repair station or the part 121 air carrier; 

3 (B) works under the direct supervision and 

4 control of the part 145 repair station or part 

5 121 air carrier; and 

6 (C) carries out the work in accordance with 

7 the part 121 air carrier’s maintenance manual 

8 and, if applicable, the part 145 certificate hold9 er’s repair station and quality control manuals. 

10 (c) PLAN.— 

11 (1) DEVELOPMENT.—The Administrator shall 

12 develop a plan to— 

13 (A) require air carriers to identify and pro14 vide to the Administrator a complete listing of 

15 all noncertificated maintenance providers that 

16 perform, before the effective date of the regula17 tions to be issued under subsection (a), covered 

18 maintenance work on aircraft used to provide 

19 air transportation under part 121 of title 14, 

20 Code of Federal Regulations; 

21 (B) validate the lists that air carriers pro22 vide under subparagraph (A) by sampling air 

23 carrier records, such as maintenance activity re24 ports and general vendor listings; and 
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1 (C) include surveillance and oversight by 

2 field inspectors of the Federal Aviation Adminis3 tration for all noncertificated maintenance pro4 viders that perform covered maintenance work 

5 on aircraft used to provide air transportation in 

6 accordance with such part 121. 

7 (2) REPORT TO CONGRESS.—Not later than 6 

8 months after the date of enactment of this Act, the 

9 Administrator shall transmit to Congress a report 

10 containing the plan developed under paragraph (1). 

11 (d) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) COVERED MAINTENANCE WORK.—The term 

14 ‘‘covered maintenance work’’ means maintenance 

15 work that is essential, regularly scheduled, or a re16 quired inspection item, as determined by the Admin17 istrator. 

18 (2) PART 121 AIR CARRIER.—The term ‘‘part 121 

19 air carrier’’ means an air carrier that holds a certifi20 cate issued under part 121 of title 14, Code of Federal 

21 Regulations. 

22 (3) PART 145 REPAIR STATION.—The term ‘‘part 

23 145 repair station’’ means a repair station that holds 

24 a certificate issued under part 145 of title 14, Code 

25 of Federal Regulations. 
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1 (4) NONCERTIFICATED MAINTENANCE PRO2 VIDER.—The term ‘‘noncertificated maintenance pro3 vider’’ means a maintenance provider that does not 

4 hold a certificate issued under part 121 or part 145 

5 of title 14 Code of Federal Regulations. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated such sums as may be nec8 essary for the Administrator to hire additional field safety 

9 inspectors to ensure adequate and timely inspection of 

10 maintenance providers that perform covered maintenance 

11 work. 

12 SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STAND13 ARDS. 

14 (a) RULEMAKING PROCEEDING.—Not later than 180 

15 days after the date of enactment of this Act, the Adminis16 trator of the Federal Aviation Administration shall initiate 

17 a rulemaking proceeding for the purpose of issuing a pro18 posed and final rule that revises the aircraft rescue and fire19 fighting standards (‘‘ARFF’’) under part 139 of title 14, 

20 Code of Federal Regulations, to improve the protection of 

21 the traveling public, other persons, aircraft, buildings, and 

22 the environment from fires and hazardous materials inci23 dents. 
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1 (b) CONTENTS OF PROPOSED AND FINAL RULE.—The 

2 proposed and final rule to be issued under subsection (a) 

3 shall address the following: 

4 (1) The mission of aircraft rescue and fire5 fighting personnel, including responsibilities for pas6 senger egress in the context of other Administration 

7 requirements. 

8 (2) The proper level of staffing. 

9 (3) The timeliness of a response. 

10 (4) The handling of hazardous materials inci11 dents at airports. 

12 (5) Proper vehicle deployment. 

13 (6) The need for equipment modernization. 

14 (c) CONSISTENCY WITH VOLUNTARY CONSENSUS

15 STANDARDS.—The proposed and final rule issued under 

16 subsection (a) shall be, to the extent practical, consistent 

17 with national voluntary consensus standards for aircraft 

18 rescue and firefighting services at airports. 

19 (d) ASSESSMENTS OF POTENTIAL IMPACTS.—In the 

20 rulemaking proceeding initiated under subsection (a), the 

21 Administrator shall assess the potential impact of any revi22 sions to the firefighting standards on airports and air 

23 transportation service. 

24 (e) INCONSISTENCY WITH STANDARDS.—If the pro25 posed or final rule issued under subsection (a) is not con-
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1 sistent with national voluntary consensus standards for air2 craft rescue and firefighting services at airports, the Admin3 istrator shall submit to the Office of Management and 

4 Budget an explanation of the reasons for such inconsistency 

5 in accordance with section 12(d) of the National Technology 

6 Transfer and Advancement Act of 1995 (15 U.S.C. 272 

7 note; 110 Stat. 783). 

8 (f) FINAL RULE.—Not later than 24 months after the 

9 date of enactment of this Act, the Administrator shall issue 

10 the final rule required by subsection (a). 

11 SEC. 312. COCKPIT SMOKE. 

12 (a) STUDY.—The Comptroller General shall conduct a 

13 study on the effectiveness of oversight activities of the Fed14 eral Aviation Administration relating to preventing or 

15 mitigating the effects of dense continuous smoke in the cock16 pit of a commercial aircraft. 

17 (b) REPORT.—Not later than 1 after the date of enact18 ment of this Act, the Comptroller General shall submit to 

19 Congress a report on the results of the study. 

20 SEC. 313. SAFETY OF HELICOPTER AIR AMBULANCE OPER21 ATIONS. 

22 (a) IN GENERAL.—Chapter 447 (as amended by this 

23 Act) is further amended by adding at the end the following: 
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1 ‘‘§ 44732. Helicopter air ambulance operations 

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

3 Aviation Administration shall conduct a rulemaking pro4 ceeding to improve the safety of flight crewmembers, medical 

5 personnel, and passengers onboard helicopters providing 

6 helicopter air ambulance services under part 135 of title 

7 14, Code of Federal Regulations. 

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

9 rulemaking proceeding under subsection (a), the Adminis10 trator shall address the following: 

11 ‘‘(1) Flight request and dispatch procedures, in12 cluding performance-based flight dispatch procedures. 

13 ‘‘(2) Pilot training standards, including— 

14 ‘‘(A) mandatory training requirements, in15 cluding a minimum time for completing the 

16 training requirements; 

17 ‘‘(B) training subject areas, such as commu18 nications procedures and appropriate technology 

19 use; 

20 ‘‘(C) establishment of training standards 

21 in— 

22 ‘‘(i) crew resource management; 

23 ‘‘(ii) flight risk evaluation; 

24 ‘‘(iii) preventing controlled flight into 

25 terrain; 
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1 ‘‘(iv) recovery from inadvertent flight 

2 into instrument meteorological conditions; 

3 ‘‘(v) operational control of the pilot in 

4 command; and 

5 ‘‘(vi) use of flight simulation training 

6 devices and line oriented flight training. 

7 ‘‘(3) Safety-enhancing technology and equip8 ment, including— 

9 ‘‘(A) helicopter terrain awareness and 

10 warning systems; 

11 ‘‘(B) radar altimeters; 

12 ‘‘(C) devices that perform the function of 

13 flight data recorders and cockpit voice recorders, 

14 to the extent feasible; and 

15 ‘‘(D) safety equipment that should be worn 

16 or used by flight crewmembers and medical per17 sonnel on a flight, including the possible use of 

18 shoulder harnesses, helmets, seatbelts, and fire re19 sistant clothing to enhance crash survivability. 

20 ‘‘(4) Such other matters as the Administrator 

21 considers appropriate. 

22 ‘‘(c) MINIMUM REQUIREMENTS.—In issuing a final 

23 rule under subsection (a), the Administrator, at a min24 imum, shall provide for the following: 
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1 ‘‘(1) FLIGHT RISK EVALUATION PROGRAM.—The 

2 Administrator shall ensure that a part 135 certificate 

3 holder providing helicopter air ambulance services— 

4 ‘‘(A) establishes a flight risk evaluation pro5 gram, based on FAA Notice 8000.301 issued by 

6 the Administration on August 1, 2005, including 

7 any updates thereto; 

8 ‘‘(B) as part of the flight risk evaluation 

9 program, develops a checklist for use by pilots in 

10 determining whether a flight request should be 

11 accepted; and 

12 ‘‘(C) requires the pilots of the certificate 

13 holder to use the checklist. 

14 ‘‘(2) OPERATIONAL CONTROL CENTER.—The Ad15 ministrator shall ensure that a part 135 certificate 

16 holder providing helicopter air ambulance services 

17 using 10 or more helicopters has an operational con18 trol center that meets such requirements as the Ad19 ministrator may prescribe. 

20 ‘‘(3) COMPLIANCE.—The Administrator shall en21 sure that a part 135 certificate holder providing heli22 copter air ambulance services complies with applica23 ble regulations under part 135 of title 14, Code of 

24 Federal Regulations, including regulations on weather 
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1 minima and flight and duty time whenever medical 

2 personnel are onboard the aircraft. 

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

4 ‘‘(1) not later than 180 days after the date of en5 actment of this section, issue a notice of proposed 

6 rulemaking under subsection (a); and 

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

8 the comment period on the proposed rule, issue a final 

9 rule. 

10 ‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.—In 

11 this section, the term ‘part 135 certificate holder’ means a 

12 person holding a certificate issued under part 135 of title 

13 14, Code of Federal Regulations. 

14 ‘‘§ 44733. Collection of data on helicopter air ambu15 lance operations 

16 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

17 Aviation Administration shall require a part 135 certificate 

18 holder providing helicopter air ambulance services to sub19 mit to the Administrator, not later than one year after the 

20 date of enactment of this section, and annually thereafter, 

21 a report containing, at a minimum, the following data: 

22 ‘‘(1) The number of helicopters that the certifi23 cate holder uses to provide helicopter air ambulance 

24 services and the base locations of the helicopters. 
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1 ‘‘(2) The number of flights and hours flown, by 

2 registration number, during which helicopters oper3 ated by the certificate holder were providing heli4 copter air ambulance services. 

5 ‘‘(3) The number of flight requests for a heli6 copter providing helicopter air ambulance services 

7 that were accepted or declined by the certificate holder 

8 and the type of each such flight request (such as scene 

9 response, inter-facility transport, organ transport, or 

10 ferry or repositioning flight). 

11 ‘‘(4) The number of accidents involving heli12 copters operated by the certificate holder while pro13 viding helicopter air ambulance services and a de14 scription of the accidents. 

15 ‘‘(5) The number of flights and hours flown 

16 under instrument flight rules by helicopters operated 

17 by the certificate holder while providing helicopter air 

18 ambulance services. 

19 ‘‘(6) The time of day of each flight flown by heli20 copters operated by the certificate holder while pro21 viding helicopter air ambulance services. 

22 ‘‘(b) REPORTING PERIOD.—Data contained in a re23 port submitted by a part 135 certificate holder under sub24 section (a) shall relate to such reporting period as the Ad25 ministrator determines appropriate. 
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1 ‘‘(c) DATABASE.—Not later than 6 months after the 

2 date of enactment of this section, the Administrator shall 

3 develop a method to collect and store the data collected 

4 under subsection (a), including a method to protect the con5 fidentiality of any trade secret or proprietary information 

6 provided in response to this section. 

7 ‘‘(d) REPORT TO CONGRESS.—Not later than 24 

8 months after the date of enactment of this section, and an9 nually thereafter, the Administrator shall submit to the 

10 Committee on Transportation and Infrastructure of the 

11 House of Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report con13 taining a summary of the data collected under subsection 

14 (a). 

15 ‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.—In 

16 this section, the term ‘part 135 certificate holder’ means a 

17 person holding a certificate issued under part 135 of title 

18 14, Code of Federal Regulations.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chapter 

20 447 (as amended by this Act) is further amended by adding 

21 at the end the following: 

‘‘Sec. 44732. Helicopter air ambulance operations. 

‘‘Sec. 44733. Collection of data on helicopter air ambulance operations.’’. 
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1 SEC. 314. FEASIBILITY OF REQUIRING HELICOPTER PILOTS 

2 TO USE NIGHT VISION GOGGLES. 

3 (a) STUDY.—The Administrator of the Federal Avia4 tion Administration shall carry out a study on the feasi5 bility of requiring pilots of helicopters providing helicopter 

6 air ambulance services under part 135 of title 14, Code of 

7 Federal Regulations, to use night vision goggles during 

8 nighttime operations. 

9 (b) CONSIDERATIONS.—In conducting the study, the 

10 Administrator shall consult with owners and operators of 

11 helicopters providing helicopter air ambulance services 

12 under such part 135 and aviation safety professionals to 

13 determine the benefits, financial considerations, and risks 

14 associated with requiring the use of night vision goggles. 

15 (c) REPORT TO CONGRESS.—Not later than 1 after the 

16 date of enactment of this Act, the Administrator shall sub17 mit to the Committee on Transportation and Infrastructure 

18 of the House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate a report 

20 on the results of the study. 

21 SEC. 315. STUDY OF HELICOPTER AND FIXED WING AIR AM22 BULANCE SERVICES. 

23 (a) IN GENERAL.—The Comptroller General shall con24 duct a study of the helicopter and fixed-wing air ambulance 

25 industry. The study shall include information, analysis, 
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1 and recommendations pertinent to ensuring a safe air am2 bulance industry. 

3 (b) REQUIRED INFORMATION.—In conducting the 

4 study, the Comptroller General shall obtain detailed infor5 mation on the following aspects of the air ambulance indus6 try: 

7 (1) A review of the industry, for part 135 certifi8 cate holders and indirect carriers providing helicopter 

9 and fixed-wing air ambulance services, including— 

10 (A) a listing of the number, size, and loca11 tion of helicopter and fixed-wing aircraft and 

12 their flight bases; 

13 (B) affiliations of certificate holders and in14 direct carriers with hospitals, governments, and 

15 other entities; 

16 (C) coordination of air ambulance services, 

17 with each other, State and local emergency med18 ical services systems, referring entities, and re19 ceiving hospitals; 

20 (D) nature of services contracts, sources of 

21 payment, financial relationships between certifi22 cate holders and indirect carriers providing air 

23 ambulance services and referring entities, and 

24 costs of operations; and 
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1 (E) a survey of business models for air am2 bulance operations, including expenses, structure, 

3 and sources of income. 

4 (2) Air ambulance request and dispatch prac5 tices, including the various types of protocols, models, 

6 training, certifications, and air medical communica7 tions centers relating to part 135 certificate holders 

8 and indirect carriers providing helicopter and fixed9 wing air ambulance services, including— 

10 (A) the practices that emergency and med11 ical officials use to request an air ambulance; 

12 (B) information on whether economic or 

13 other nonmedical factors lead to air ambulance 

14 transport when it is not medically needed, ap15 propriate, or safe; and 

16 (C) the cause, occurrence, and extent of 

17 delays in air ambulance transport. 

18 (3) Economic and medical issues relating to the 

19 air ambulance industry, including— 

20 (A) licensing; 

21 (B) certificates of need; 

22 (C) public convenience and necessity re23 quirements; 

24 (D) assignment of geographic coverage 

25 areas; 
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1 (E) accreditation requirements; 

2 (F) compliance with dispatch procedures; 

3 and 

4 (G) requirements for medical equipment 

5 and personnel onboard the aircraft. 

6 (4) Such other matters as the Comptroller Gen7 eral considers relevant to the purpose of the study. 

8 (c) ANALYSIS AND RECOMMENDATIONS.—Based on in9 formation obtained under subsection (b) and other informa10 tion the Comptroller General considers appropriate, the re11 port shall also include an analysis and specific rec12 ommendations, as appropriate, related to— 

13 (1) the relationship between State regulation and 

14 Federal preemption of rates, routes, and services of 

15 air ambulances; 

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

17 existing State regulation of air ambulances and the 

18 potential effect of greater State regulation— 

19 (A) in the air ambulance industry, on the 

20 economic viability of air ambulance services, the 

21 availability and coordination of service, and 

22 costs of operations both in rural and highly pop23 ulated areas; 

24 (B) on the quality of patient care and out25 comes; and 
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1 (C) on competition and safety; and 

2 (3) whether systemic or other problems exist on 

3 a statewide, regional, or national basis with the cur4 rent system governing air ambulances. 

5 (d) REPORT.—Not later than June 1, 2010, the Comp6 troller General shall submit to the Secretary of Transpor7 tation and the appropriate committees of Congress a report 

8 containing its findings and recommendations regarding the 

9 study under this section. 

10 (e) ADOPTION OF RECOMMENDED POLICY CHANGES.— 

11 Not later than 60 days after the date of receipt of the report 

12 under subsection (d), the Secretary shall issue a report to 

13 the appropriate committees of Congress, that— 

14 (1) specifies which, if any, policy changes rec15 ommended by the Comptroller General and any other 

16 policy changes with respect to air ambulances the 

17 Secretary will adopt and implement; and 

18 (2) includes recommendations for legislative 

19 change, if appropriate. 

20 (f) PART 135 CERTIFICATE HOLDER DEFINED.—In 

21 this section, the term ‘‘part 135 certificate holder’’ means 

22 a person holding a certificate issued under part 135 of title 

23 14, Code of Federal Regulations. 
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1 Subtitle B—Unmanned Aircraft 

2 Systems 

3 SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS IN4 TEGRATION PLAN. 

5 (a) INTEGRATION PLAN.— 

6 (1) COMPREHENSIVE PLAN.—Not later than 9 

7 months after the date of enactment of this Act, the 

8 Secretary, in consultation with representatives of the 

9 aviation industry, shall develop a comprehensive plan 

10 to safely integrate commercial unmanned aircraft sys11 tems into the national airspace system. 

12 (2) MINIMUM REQUIREMENTS.—In developing 

13 the plan under paragraph (1), the Secretary shall, at 

14 a minimum— 

15 (A) review technologies and research that 

16 will assist in facilitating the safe integration of 

17 commercial unmanned aircraft systems into the 

18 national airspace system; 

19 (B) provide recommendations or projections 

20 for the rulemaking to be conducted under sub21 section (b) to— 

22 (i) define the acceptable standards for 

23 operations and certification of commercial 

24 unmanned aircraft systems; 
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1 (ii) ensure that any commercial un2 manned aircraft system includes a detect, 

3 sense, and avoid capability; and 

4 (iii) develop standards and require5 ments for the operator, pilot, and pro6 grammer of a commercial unmanned air7 craft system, including standards and re8 quirements for registration and licensing; 

9 (C) recommend how best to enhance the 

10 technologies and subsystems necessary to effect 

11 the safe and routine operations of commercial 

12 unmanned aircraft systems in the national air13 space system; and 

14 (D) recommend how a phased-in approach 

15 to the integration of commercial unmanned air16 craft systems into the national airspace system 

17 can best be achieved and a timeline upon which 

18 such a phase-in shall occur. 

19 (3) DEADLINE.—The plan to be developed under 

20 paragraph (1) shall provide for the safe integration of 

21 commercial unmanned aircraft systems into the na22 tional airspace system as soon as possible, but not 

23 later than September 30, 2013. 

24 (4) REPORT TO CONGRESS.—Not later than 1 

25 after the date of enactment of this Act, the Secretary 
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1 shall submit to Congress a copy of the plan developed 

2 under paragraph (1). 

3 (b) RULEMAKING.—Not later than 18 months after the 

4 date on which the integration plan is submitted to Congress 

5 under subsection (a)(4), the Administrator of the Federal 

6 Aviation Administration shall publish in the Federal Reg7 ister a notice of proposed rulemaking to implement the rec8 ommendations of the integration plan. 

9 (c) AUTHORIZATION.—There are authorized to be ap10 propriated such sums as may be necessary to carry out this 

11 section. 

12 SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIR13 CRAFT SYSTEMS. 

14 (a) IN GENERAL.—Notwithstanding the requirements 

15 of sections 321 and 323, and not later than 6 months after 

16 the date of enactment of this Act, the Secretary shall deter17 mine if certain unmanned aircraft systems may operate 

18 safely in the national airspace system before completion of 

19 the plan and rulemaking required by section 321 or the 

20 guidance required by section 323. 

21 (b) ASSESSMENT OF UNMANNED AIRCRAFT SYS22 TEMS.—In making the determination under subsection (a), 

23 the Secretary shall determine, at a minimum— 

24 (1) which types of unmanned aircraft systems, if 

25 any, as a result of their size, weight, speed, oper-
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1 ational capability, proximity to airports and popu2 lation areas, and operation within visual line-of-sight 

3 do not create a hazard to users of the national air4 space system or the public or pose a threat to na5 tional security; and 

6 (2) whether a certificate of authorization or an 

7 airworthiness certification under section 44704 of 

8 title 49, United States Code, is required for the oper9 ation of unmanned aircraft systems identified under 

10 paragraph (1). 

11 (c) REQUIREMENTS FOR SAFE OPERATION.—If the 

12 Secretary determines under this section that certain un13 manned aircraft systems may operate safely in the national 

14 airspace system, the Secretary shall establish requirements 

15 for the safe operation of such aircraft systems in the na16 tional airspace system. 

17 SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 

18 Not later than 9 months after the date of enactment 

19 of this Act, the Secretary shall issue guidance regarding the 

20 operation of public unmanned aircraft systems to— 

21 (1) expedite the issuance of a certificate of au22 thorization process; 

23 (2) provide for a collaborative process with pub24 lic agencies to allow for an incremental expansion of 

25 access to the national airspace system as technology 
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1 matures and the necessary safety analysis and data 

2 become available and until standards are completed 

3 and technology issues are resolved; and 

4 (3) facilitate the capability of public agencies to 

5 develop and use test ranges, subject to operating re6 strictions required by the Federal Aviation Adminis7 tration, to test and operate unmanned aircraft sys8 tems. 

9 SEC. 324. DEFINITIONS. 

10 In this subtitle, the following definitions apply: 

11 (1) CERTIFICATE OF AUTHORIZATION.—The term 

12 ‘‘certificate of authorization’’ means a Federal Avia13 tion Administration grant of approval for a specific 

14 flight operation. 

15 (2) DETECT, SENSE, AND AVOID CAPABILITY.— 

16 The term ‘‘detect, sense, and avoid capability’’ means 

17 the technical capability to perform separation assur18 ance and collision avoidance, as defined by the Fed19 eral Aviation Administration. 

20 (3) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The 

21 term ‘‘public unmanned aircraft system’’ means an 

22 unmanned aircraft system that meets the qualifica23 tions and conditions required for operation of a pub24 lic aircraft, as defined by section 40102 of title 49, 

25 United States Code. 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 (5) TEST RANGE.—The term ‘‘test range’’ means 

4 a defined geographic area where research and develop5 ment are conducted. 

6 (6) UNMANNED AIRCRAFT.—The term ‘‘un7 manned aircraft’’ means an aircraft that is operated 

8 without the possibility of direct human intervention 

9 from within or on the aircraft. 

10 (7) UNMANNED AIRCRAFT SYSTEM.—The term 

11 ‘‘unmanned aircraft system’’ means an unmanned 

12 aircraft and associated elements (such as communica13 tion links and a ground control station) that are re14 quired to operate safely and efficiently in the national 

15 airspace system. 

16 Subtitle C—Safety and Protections 

17 SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGA18 TION OFFICE. 

19 Section 106 is amended by adding at the end the fol20 lowing: 

21 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGA22 TION OFFICE.— 

23 ‘‘(1) ESTABLISHMENT.—There is established in 

24 the Federal Aviation Administration (in this sub25 section referred to as the ‘Agency’) an Aviation Safety 
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1 Whistleblower Investigation Office (in this subsection 

2 referred to as the ‘Office’). 

3 ‘‘(2) DIRECTOR.— 

4 ‘‘(A) APPOINTMENT.—The head of the Office 

5 shall be the Director, who shall be appointed by 

6 the Secretary of Transportation. 

7 ‘‘(B) REPORTS AND RECOMMENDATIONS TO

8 SECRETARY.—The Director shall provide regular 

9 reports to the Secretary of Transportation. The 

10 Director may recommend that the Secretary take 

11 any action necessary for the Office to carry out 

12 its functions, including protection of complain13 ants and witnesses. 

14 ‘‘(C) QUALIFICATIONS.—The Director shall 

15 have a demonstrated ability in investigations 

16 and knowledge of or experience in aviation. 

17 ‘‘(D) TERM.—The Director shall be ap18 pointed for a term of 5 years. 

19 ‘‘(E) VACANCY.—Any individual appointed 

20 to fill a vacancy in the position of the Director 

21 occurring before the expiration of the term for 

22 which the individual’s predecessor was appointed 

23 shall be appointed for the remainder of that 

24 term. 

25 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 
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1 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di2 rector shall— 

3 ‘‘(i) receive complaints and informa4 tion submitted by employees of persons 

5 holding certificates issued under title 14, 

6 Code of Federal Regulations, and employees 

7 of the Agency concerning the possible exist8 ence of an activity relating to a violation of 

9 an order, regulation, or standard of the 

10 Agency or any other provision of Federal 

11 law relating to aviation safety; 

12 ‘‘(ii) assess complaints and informa13 tion submitted under clause (i) and deter14 mine whether a substantial likelihood exists 

15 that a violation of an order, regulation, or 

16 standard of the Agency or any other provi17 sion of Federal law relating to aviation 

18 safety may have occurred; and 

19 ‘‘(iii) based on findings of the assess20 ment conducted under clause (ii), make rec21 ommendations to the Secretary and Admin22 istrator in writing for— 

23 ‘‘(I) further investigation by the 

24 Office, the Inspector General of the De-
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1 partment of Transportation, or other 

2 appropriate investigative body; or 

3 ‘‘(II) corrective actions. 

4 ‘‘(B) DISCLOSURE OF IDENTITIES.—The Di5 rector shall not disclose the identity or identi6 fying information of an individual who submits 

7 a complaint or information under subparagraph 

8 (A)(i) unless— 

9 ‘‘(i) the individual consents to the dis10 closure in writing; or 

11 ‘‘(ii) the Director determines, in the 

12 course of an investigation, that the disclo13 sure is unavoidable, in which case the Di14 rector shall provide the individual with rea15 sonable advance notice. 

16 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

17 Secretary, the Administrator, or any officer or 

18 employee of the Agency may not prevent or pro19 hibit the Director from initiating, carrying out, 

20 or completing any assessment of a complaint or 

21 information submitted under subparagraph 

22 (A)(i) or from reporting to Congress on any such 

23 assessment. 

24 ‘‘(D) ACCESS TO INFORMATION.—In con25 ducting an assessment of a complaint or infor-
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1 mation submitted under subparagraph (A)(i), 

2 the Director shall have access to, and can order 

3 the retention of, all records, reports, audits, re4 views, documents, papers, recommendations, and 

5 other material necessary to determine whether a 

6 substantial likelihood exists that a violation of 

7 an order, regulation, or standard of the Agency 

8 or any other provision of Federal law relating to 

9 aviation safety may have occurred. The Director 

10 may order sworn testimony from appropriate 

11 witnesses during the course of an investigation. 

12 ‘‘(E) PROCEDURE.—The Office shall estab13 lish procedures equivalent to sections 1213(d) 

14 and 1213(e) of title 5 for investigation, report, 

15 employee comment, and evaluation by the Sec16 retary for any investigation conducted pursuant 

17 to paragraph (3)(A). 

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

19 Administrator shall— 

20 ‘‘(A) respond within 60 days to a rec21 ommendation made by the Director under para22 graph (3)(A)(iii) in writing and retain records 

23 related to any further investigations or corrective 

24 actions taken in response to the recommendation, 
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1 in accordance with established record retention 

2 requirements; and 

3 ‘‘(B) ensure that the findings of all referrals 

4 for further investigation or corrective actions 

5 taken are reported to the Director. 

6 ‘‘(5) INCIDENT REPORTS.—If the Director deter7 mines there is a substantial likelihood that a viola8 tion of an order, regulation, or standard of the Agen9 cy or any other provision of Federal law relating to 

10 aviation safety may have occurred that requires im11 mediate corrective action, the Director shall report the 

12 potential violation expeditiously to the Secretary, the 

13 Administrator, and the Inspector General of the De14 partment of Transportation. 

15 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

16 INSPECTOR GENERAL.—If the Director has reasonable 

17 grounds to believe that there has been a violation of 

18 Federal criminal law, the Director shall report the 

19 violation expeditiously to the Inspector General. 

20 ‘‘(7) RETALIATION AGAINST AGENCY EMPLOY21 EES.—Any retaliatory action taken or threatened 

22 against an employee of the Agency for good faith par23 ticipation in activities under this subsection is pro24 hibited. The Director shall make all policy rec25 ommendations and specific requests to the Secretary 
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1 for relief necessary to protect employees of the Agency 

2 who initiate or participate in investigations under 

3 this subsection. The Secretary shall respond in a 

4 timely manner and shall share the responses with the 

5 appropriate committees of Congress. 

6 ‘‘(8) DISCIPLINARY ACTIONS.—The Secretary 

7 shall exercise the Secretary’s authority under section 

8 2302 of title 5 for the prevention of prohibited per9 sonnel actions in any case in which the prohibited 

10 personnel action is taken against an employee of the 

11 Agency who, in good faith, has reported the possible 

12 existence of an activity relating to a violation of an 

13 order, regulation, or standard of the Agency or any 

14 other provision of Federal law relating to aviation 

15 safety. In exercising such authority, the Secretary 

16 may subject an employee of the Agency who has taken 

17 or failed to take, or threatened to take or fail to take, 

18 a personnel action in violation of such section to a 

19 disciplinary action up to and including termination. 

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

21 than October 1 of each year, the Director shall submit 

22 to Congress a public report containing— 

23 ‘‘(A) information on the number of submis24 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 corrective actions recommended, and referrals in 

6 response to the submissions; 

7 ‘‘(D) summaries of the responses of the Ad8 ministrator to such recommendations; and 

9 ‘‘(E) an evaluation of personnel and re10 sources necessary to effectively support the man11 date of the Office.’’. 

12 SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIA13 TIVE. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) Subsections (a) and (d) of section 40101 of 

16 title 49, United States Code, directs the Federal Avia17 tion Administration (in this section referred to as the 

18 ‘‘Agency’’) to make safety its highest priority. 

19 (2) In 1996, to ensure that there would be no ap20 pearance of a conflict of interest for the Agency in 

21 carrying out its safety responsibilities, Congress 

22 amended section 40101(d) of such title to remove the 

23 responsibilities of the Agency to promote airlines. 

24 (3) Despite these directives from Congress re25 garding the priority of safety, the Agency issued a vi-
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1 sion statement in which it stated that it has a ‘‘vi2 sion’’ of ‘‘being responsive to our customers and ac3 countable to the public’’ and, in 2003, issued a cus4 tomer service initiative that required aviation inspec5 tors to treat air carriers and other aviation certificate 

6 holders as ‘‘customers’’ rather than regulated entities. 

7 (4) The initiatives described in paragraph (3) 

8 appear to have given regulated entities and Agency 

9 inspectors the impression that the management of the 

10 Agency gives an unduly high priority to the satisfac11 tion of regulated entities regarding its inspection and 

12 certification decisions and other lawful actions of its 

13 safety inspectors. 

14 (5) As a result of the emphasis on customer sat15 isfaction, some managers of the Agency have discour16 aged vigorous enforcement and replaced inspectors 

17 whose lawful actions adversely affected an air carrier. 

18 (b) MODIFICATION OF INITIATIVE.—Not later than 90 

19 days after the date of enactment of this Act, the Adminis20 trator of the Federal Aviation Administration shall modify 

21 the customer service initiative, mission and vision state22 ments, and other statements of policy of the Agency— 

23 (1) to remove any reference to air carriers or 

24 other entities regulated by the Agency as ‘‘customers’’; 
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1 (2) to clarify that in regulating safety the only 

2 customers of the Agency are individuals traveling on 

3 aircraft; and 

4 (3) to clarify that air carriers and other entities 

5 regulated by the Agency do not have the right to select 

6 the employees of the Agency who will inspect their op7 erations. 

8 (c) SAFETY PRIORITY.—In carrying out the Adminis9 trator’s responsibilities, the Administrator shall ensure that 

10 safety is given a higher priority than preventing the dis11 satisfaction of an air carrier or other entity regulated by 

12 the Agency with an employee of the Agency. 

13 SEC. 333. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 

14 STANDARDS INSPECTORS. 

15 (a) IN GENERAL.—Section 44711 of title 49, United 

16 States Code, is amended by adding at the end the following: 

17 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT

18 STANDARDS INSPECTORS.— 

19 ‘‘(1) PROHIBITION.—A person holding an oper20 ating certificate issued under title 14, Code of Federal 

21 Regulations, may not knowingly employ, or make a 

22 contractual arrangement which permits, an indi23 vidual to act as an agent or representative of the cer24 tificate holder in any matter before the Federal Avia25 tion Administration (in this subsection referred to as 
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1 the ‘Agency’) if the individual, in the preceding 2- 

2 year period— 

3 ‘‘(A) served as, or was responsible for over4 sight of, a flight standards inspector of the Agen5 cy; and 

6 ‘‘(B) had responsibility to inspect, or over7 see inspection of, the operations of the certificate 

8 holder. 

9 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

10 For purposes of paragraph (1), an individual shall be 

11 considered to be acting as an agent or representative 

12 of a certificate holder in a matter before the Agency 

13 if the individual makes any written or oral commu14 nication on behalf of the certificate holder to the 

15 Agency (or any of its officers or employees) in connec16 tion with a particular matter, whether or not involv17 ing a specific party and without regard to whether 

18 the individual has participated in, or had responsi19 bility for, the particular matter while serving as a 

20 flight standards inspector of the Agency.’’. 

21 (b) APPLICABILITY.—The amendment made by sub22 section (a) shall not apply to an individual employed by 

23 a certificate holder as of the date of enactment of this Act. 
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1 SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY IN2 SPECTORS. 

3 (a) IN GENERAL.—An individual serving as a prin4 cipal supervisory inspector of the Federal Aviation Admin5 istration (in this section referred to as the ‘‘Agency’’) may 

6 not be responsible for overseeing the operations of a single 

7 air carrier for a continuous period of more than 5 years. 

8 (b) TRANSITIONAL PROVISION.—An individual serving 

9 as a principal supervisory inspector of the Agency with re10 spect to an air carrier as of the date of enactment of this 

11 Act may be responsible for overseeing the operations of the 

12 carrier until the last day of the 5-year period specified in 

13 subsection (a) or last day of the 2-year period beginning 

14 on such date of enactment, whichever is later. 

15 (c) ISSUANCE OF ORDER.—Not later than 30 days 

16 after the date of enactment of this Act, the Administrator 

17 of the Federal Aviation Administration shall issue an order 

18 to carry out this section. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to the Administrator such 

21 sums as may be necessary to carry out this section. 

22 SEC. 335. HEADQUARTERS REVIEW OF AIR TRANSPOR23 TATION OVERSIGHT SYSTEM DATABASE. 

24 (a) REVIEWS.—The Administrator of the Federal 

25 Aviation Administration shall establish a process by which 

26 the air transportation oversight system database of the Fed-
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1 eral Aviation Administration (in this section referred to as 

2 the ‘‘Agency’’) is reviewed by a team of employees of the 

3 Agency, including at least one employee selected by the ex4 clusive bargaining representative for aviation safety inspec5 tors, on a monthly basis to ensure that— 

6 (1) any trends in regulatory compliance are 

7 identified; and 

8 (2) appropriate corrective actions are taken in 

9 accordance with Agency regulations, advisory direc10 tives, policies, and procedures. 

11 (b) MONTHLY TEAM REPORTS.— 

12 (1) IN GENERAL.—The team of employees con13 ducting a monthly review of the air transportation 

14 oversight system database under subsection (a) shall 

15 submit to the Administrator, the Associate Adminis16 trator for Aviation Safety, and the Director of Flight 

17 Standards a report on the results of the review. 

18 (2) CONTENTS.—A report submitted under para19 graph (1) shall identify— 

20 (A) any trends in regulatory compliance 

21 discovered by the team of employees in con22 ducting the monthly review; and 

23 (B) any corrective actions taken or proposed 

24 to be taken in response to the trends. 
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1 (c) QUARTERLY REPORTS TO CONGRESS.—The Ad2 ministrator, on a quarterly basis, shall submit to the Com3 mittee on Transportation and Infrastructure of the House 

4 of Representatives and the Committee on Commerce, 

5 Science, and Transportation of the Senate a report on the 

6 results of reviews of the air transportation oversight system 

7 database conducted under this section, including copies of 

8 reports received under subsection (b). 

9 SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING 

10 SYSTEM. 

11 (a) VOLUNTARY DISCLOSURE REPORTING PROGRAM

12 DEFINED.—In this section, the term ‘‘Voluntary Disclosure 

13 Reporting Program’’ means the program established by the 

14 Federal Aviation Administration through Advisory Cir15 cular 00–58A, dated September 8, 2006, including any sub16 sequent revisions thereto. 

17 (b) VERIFICATION.—The Administrator of the Federal 

18 Aviation Administration shall modify the Voluntary Dis19 closure Reporting Program to require inspectors to— 

20 (1) verify that air carriers implement com21 prehensive solutions to correct the underlying causes 

22 of the violations voluntarily disclosed by such air car23 riers; and 

24 (2) confirm, before approving a final report of a 

25 violation, that the violation, or another violation oc-
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1 curring under the same circumstances, has not been 

2 previously discovered by an inspector or self-disclosed 

3 by the air carrier. 

4 (c) SUPERVISORY REVIEW OF VOLUNTARY SELF DIS5 CLOSURES.—The Administrator shall establish a process by 

6 which voluntary self-disclosures received from air carriers 

7 are reviewed and approved by a supervisor after the initial 

8 review by an inspector. 

9 (d) INSPECTOR GENERAL STUDY.— 

10 (1) IN GENERAL.—The Inspector General of the 

11 Department of Transportation shall conduct a study 

12 of the Voluntary Disclosure Reporting Program. 

13 (2) REVIEW.—In conducting the study, the In14 spector General shall examine, at a minimum, wheth15 er— 

16 (A) there is evidence that voluntary disclo17 sure is resulting in regulated entities discovering 

18 and correcting violations to a greater extent than 

19 would otherwise occur if there was no program 

20 for immunity from enforcement action; 

21 (B) the voluntary disclosure program makes 

22 the Federal Aviation Administration (FAA) 

23 aware of violations that the FAA would not have 

24 discovered if there was not a program, and if a 

25 violation is disclosed voluntarily, whether the 
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1 FAA insists on stronger corrective actions than 

2 would have occurred if the regulated entity knew 

3 of a violation, but FAA did not; 

4 (C) the information the FAA gets under the 

5 program leads to fewer violations by other enti6 ties, either because the information leads other 

7 entities to look for similar violations or because 

8 the information leads FAA investigators to look 

9 for similar violations at other entities; and 

10 (D) there is any evidence that voluntary 

11 disclosure has improved compliance with regula12 tions, either for the entities making disclosures or 

13 for the industry generally. 

14 (3) REPORT.—Not later than 1 after the date of 

15 enactment of this Act, the Inspector General shall sub16 mit to the Committee on Transportation and Infra17 structure of the House of Representatives and Com18 mittee on Commerce, Science, and Transportation of 

19 the Senate a report on the results of the study con20 ducted under this section. 

21 Subtitle D—Airline Safety and Pilot 

22 Training Improvement 

23 SEC. 341. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Airline Safety and 

25 Pilot Training Improvement Act of 2010’’. 
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1 SEC. 342. DEFINITIONS. 

2 (a) DEFINITIONS.—In this subtitle, the following defi3 nitions apply: 

4 (1) ADVANCED QUALIFICATION PROGRAM.—The 

5 term ‘‘advanced qualification program’’ means the 

6 program established by the Federal Aviation Admin7 istration in Advisory Circular 120–54A, dated June 

8 23, 2006, including any subsequent revisions thereto. 

9 (2) AIR CARRIER.—The term ‘‘air carrier’’ has 

10 the meaning given that term in section 40102 of title 

11 49, United States Code. 

12 (3) AVIATION SAFETY ACTION PROGRAM.—The 

13 term ‘‘aviation safety action program’’ means the 

14 program established by the Federal Aviation Admin15 istration in Advisory Circular 120–66B, dated No16 vember 15, 2002, including any subsequent revisions 

17 thereto. 

18 (4) FLIGHT CREWMEMBER.—The term ‘‘flight 

19 crewmember’’ has the meaning given that term in 

20 part 1.1 of title 14, Code of Federal Regulations. 

21 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

22 PROGRAM.—The term ‘‘flight operational quality as23 surance program’’ means the program established by 

24 the Federal Aviation Administration in Advisory Cir25 cular 120–82, dated April 12, 2004, including any 

26 subsequent revisions thereto. 
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1 (6) LINE OPERATIONS SAFETY AUDIT.—The term 

2 ‘‘line operations safety audit’’ means the procedure 

3 referenced by the Federal Aviation Administration in 

4 Advisory Circular 120–90, dated April 27, 2006, in5 cluding any subsequent revisions thereto. 

6 (7) PART 121 AIR CARRIER.—The term ‘‘part 121 

7 air carrier’’ means an air carrier that holds a certifi8 cate issued under part 121 of title 14, Code of Federal 

9 Regulations. 

10 (8) PART 135 AIR CARRIER.—The term ‘‘part 135 

11 air carrier’’ means an air carrier that holds a certifi12 cate issued under part 135 of title 14, Code of Federal 

13 Regulations. 

14 SEC. 343. FAA TASK FORCE ON AIR CARRIER SAFETY AND 

15 PILOT TRAINING. 

16 (a) ESTABLISHMENT.—The Administrator of the Fed17 eral Aviation Administration shall establish a special task 

18 force to be known as the FAA Task Force on Air Carrier 

19 Safety and Pilot Training (in this section referred to as 

20 the ‘‘Task Force’’). 

21 (b) COMPOSITION.—The Task Force shall consist of 

22 members appointed by the Administrator and shall include 

23 air carrier representatives, labor union representatives, and 

24 aviation safety experts with knowledge of foreign and do-
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1 mestic regulatory requirements for flight crewmember edu2 cation and training. 

3 (c) DUTIES.—The duties of the Task Force shall in4 clude, at a minimum, evaluating best practices in the air 

5 carrier industry and providing recommendations in the fol6 lowing areas: 

7 (1) Air carrier management responsibilities for 

8 flight crewmember education and support. 

9 (2) Flight crewmember professional standards. 

10 (3) Flight crewmember training standards and 

11 performance. 

12 (4) Mentoring and information sharing between 

13 air carriers. 

14 (d) REPORT.—Not later than 180 days after the date 

15 of enactment of this Act, and before the last day of each 

16 180-day period thereafter until termination of the Task 

17 Force, the Task Force shall submit to the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives and the Committee on Commerce, Science, and 

20 Transportation of the Senate a report detailing— 

21 (1) the progress of the Task Force in identifying 

22 best practices in the air carrier industry; 

23 (2) the progress of air carriers and labor unions 

24 in implementing the best practices identified by the 

25 Task Force; 
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1 (3) recommendations of the Task Force, if any, 

2 for legislative or regulatory actions; 

3 (4) the progress of air carriers and labor unions 

4 in implementing training-related, nonregulatory ac5 tions recommended by the Administrator; and 

6 (5) the progress of air carriers in developing spe7 cific programs to share safety data and ensure imple8 mentation of the most effective safety practices. 

9 (e) TERMINATION.—The Task Force shall terminate on 

10 September 30, 2012. 

11 (f) APPLICABILITY OF FEDERAL ADVISORY COM12 MITTEE ACT.—The Federal Advisory Committee Act (5 

13 U.S.C. App.) shall not apply to the Task Force. 

14 SEC. 344. IMPLEMENTATION OF NTSB FLIGHT CREW15 MEMBER TRAINING RECOMMENDATIONS. 

16 (a) RULEMAKING PROCEEDINGS.— 

17 (1) STALL AND UPSET RECOGNITION AND RECOV18 ERY TRAINING.—The Administrator of the Federal 

19 Aviation Administration shall conduct a rulemaking 

20 proceeding to require part 121 air carriers to provide 

21 flight crewmembers with ground training and flight 

22 training or flight simulator training— 

23 (A) to recognize and avoid a stall of an air24 craft or, if not avoided, to recover from the stall; 

25 and 
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1 (B) to recognize and avoid an upset of an 

2 aircraft or, if not avoided, to execute such tech3 niques as available data indicate are appro4 priate to recover from the upset in a given make, 

5 model, and series of aircraft. 

6 (2) REMEDIAL TRAINING PROGRAMS.—The Ad7 ministrator shall conduct a rulemaking proceeding to 

8 require part 121 air carriers to establish remedial 

9 training programs for flight crewmembers who have 

10 demonstrated performance deficiencies or experienced 

11 failures in the training environment. 

12 (3) 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 each of paragraphs (1) 

16 and (2); and 

17 (B) not later than 24 months after the date 

18 of enactment of this Act, issue a final rule for the 

19 rulemaking under each of paragraphs (1) and 

20 (2). 

21 (b) STICK PUSHER TRAINING AND WEATHER EVENT

22 TRAINING.— 

23 (1) MULTIDISCIPLINARY PANEL.—Not later than 

24 120 days after the date of enactment of this Act, the 

25 Administrator shall convene a multidisciplinary 
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1 panel of specialists in aircraft operations, flight crew2 member training, human factors, and aviation safety 

3 to study and submit to the Administrator a report on 

4 methods to increase the familiarity of flight crew5 members with, and improve the response of flight 

6 crewmembers to, stick pusher systems, icing condi7 tions, and microburst and windshear weather events. 

8 (2) REPORT TO CONGRESS AND NTSB.—Not later 

9 than 1 after the date on which the Administrator con10 venes the panel, the Administrator shall— 

11 (A) submit to the Committee on Transpor12 tation and Infrastructure of the House of Rep13 resentatives, the Committee on Commerce, 

14 Science, and Transportation of the Senate, and 

15 the National Transportation Safety Board a re16 port based on the findings of the panel; and 

17 (B) with respect to stick pusher systems, 

18 initiate appropriate actions to implement the 

19 recommendations of the panel. 

20 (c) DEFINITIONS.—In this section, the following defi21 nitions apply: 

22 (1) FLIGHT TRAINING AND FLIGHT SIMU23 LATOR.—The terms ‘‘flight training’’ and ‘‘flight sim24 ulator’’ have the meanings given those terms in part 
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1 61.1 of title 14, Code of Federal Regulations (or any 

2 successor regulation). 

3 (2) STALL.—The term ‘‘stall’’ means an aero4 dynamic loss of lift caused by exceeding the critical 

5 angle of attack. 

6 (3) STICK PUSHER.—The term ‘‘stick pusher’’ 

7 means a device that, at or near a stall, applies a nose 

8 down pitch force to an aircraft’s control columns to 

9 attempt to decrease the aircraft’s angle of attack. 

10 (4) UPSET.—The term ‘‘upset’’ means an un11 usual aircraft attitude. 

12 SEC. 345. SECRETARY OF TRANSPORTATION RESPONSES TO 

13 SAFETY RECOMMENDATIONS. 

14 (a) IN GENERAL.—The first sentence of section 1135(a) 

15 of title 49, United States Code, is amended by inserting 

16 ‘‘to the National Transportation Safety Board’’ after ‘‘shall 

17 give’’. 

18 (b) AIR CARRIER SAFETY RECOMMENDATIONS.—Sec19 tion 1135 of such title is amended— 

20 (1) by redesignating subsections (c) and (d) as 

21 subsections (d) and (e), respectively; and 

22 (2) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) ANNUAL REPORT ON AIR CARRIER SAFETY REC25 OMMENDATIONS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall submit 

2 to Congress and the Board, on an annual basis, a re3 port on the recommendations made by the Board to 

4 the Secretary regarding air carrier operations con5 ducted under part 121 of title 14, Code of Federal 

6 Regulations. 

7 ‘‘(2) RECOMMENDATIONS TO BE COVERED.—The 

8 report shall cover— 

9 ‘‘(A) any recommendation for which the 

10 Secretary has developed, or intends to develop, 

11 procedures to adopt the recommendation or part 

12 of the recommendation, but has yet to complete 

13 the procedures; and 

14 ‘‘(B) any recommendation for which the 

15 Secretary, in the preceding year, has issued a re16 sponse under subsection (a)(2) or (a)(3) refusing 

17 to carry out all or part of the procedures to 

18 adopt the recommendation. 

19 ‘‘(3) CONTENTS.— 

20 ‘‘(A) PLANS TO ADOPT RECOMMENDA21 TIONS.—For each recommendation of the Board 

22 described in paragraph (2)(A), the report shall 

23 contain— 

24 ‘‘(i) a description of the recommenda25 tion; 
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1 ‘‘(ii) a description of the procedures 

2 planned for adopting the recommendation 

3 or part of the recommendation; 

4 ‘‘(iii) the proposed date for completing 

5 the procedures; and 

6 ‘‘(iv) if the Secretary has not met a 

7 deadline contained in a proposed timeline 

8 developed in connection with the rec9 ommendation under subsection (b), an ex10 planation for not meeting the deadline. 

11 ‘‘(B) REFUSALS TO ADOPT RECOMMENDA12 TIONS.—For each recommendation of the Board 

13 described in paragraph (2)(B), the report shall 

14 contain— 

15 ‘‘(i) a description of the recommenda16 tion; and 

17 ‘‘(ii) a description of the reasons for 

18 the refusal to carry out all or part of the 

19 procedures to adopt the recommendation.’’. 

20 SEC. 346. FAA PILOT RECORDS DATABASE. 

21 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI22 CANTS.—Section 44703(h) of title 49, United States Code, 

23 is amended by adding at the end the following: 
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1 ‘‘(16) APPLICABILITY.—This subsection shall 

2 cease to be effective on the date specified in regula3 tions issued under subsection (i).’’. 

4 (b) ESTABLISHMENT OF FAA PILOT RECORDS DATA5 BASE.—Section 44703 of such title is amended— 

6 (1) by redesignating subsections (i) and (j) as 

7 subsections (j) and (k), respectively; and 

8 (2) by inserting after subsection (h) the fol9 lowing: 

10 ‘‘(i) FAA PILOT RECORDS DATABASE.— 

11 ‘‘(1) IN GENERAL.—Before allowing an indi12 vidual to begin service as a pilot, an air carrier shall 

13 access and evaluate, in accordance with the require14 ments of this subsection, information pertaining to 

15 the individual from the pilot records database estab16 lished under paragraph (2). 

17 ‘‘(2) PILOT RECORDS DATABASE.—The Adminis18 trator shall establish an electronic database (in this 

19 subsection referred to as the ‘database’) containing the 

20 following records: 

21 ‘‘(A) FAA RECORDS.—From the Adminis22 trator— 

23 ‘‘(i) records that are maintained by the 

24 Administrator concerning current airman 

25 certificates, including airman medical cer-
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1 tificates and associated type ratings and in2 formation on any limitations to those cer3 tificates and ratings; 

4 ‘‘(ii) records that are maintained by 

5 the Administrator concerning any failed at6 tempt of an individual to pass a practical 

7 test required to obtain a certificate or type 

8 rating under part 61 of title 14, Code of 

9 Federal Regulations; and 

10 ‘‘(iii) summaries of legal enforcement 

11 actions resulting in a finding by the Ad12 ministrator of a violation of this title or a 

13 regulation prescribed or order issued under 

14 this title that was not subsequently over15 turned. 

16 ‘‘(B) AIR CARRIER AND OTHER RECORDS.— 

17 From any air carrier or other person (except a 

18 branch of the Armed Forces, the National Guard, 

19 or a reserve component of the Armed Forces) that 

20 has employed an individual as a pilot of a civil 

21 or public aircraft, or from the trustee in bank22 ruptcy for such air carrier or person— 

23 ‘‘(i) records pertaining to the indi24 vidual that are maintained by the air car25 rier (other than records relating to flight 
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1 time, duty time, or rest time), including 

2 records under regulations set forth in— 

3 ‘‘(I) section 121.683 of title 14, 

4 Code of Federal Regulations; 

5 ‘‘(II) paragraph (A) of section VI, 

6 appendix I, part 121 of such title; 

7 ‘‘(III) paragraph (A) of section 

8 IV, appendix J, part 121 of such title; 

9 ‘‘(IV) section 125.401 of such title; 

10 and 

11 ‘‘(V) section 135.63(a)(4) of such 

12 title; and 

13 ‘‘(ii) other records pertaining to the in14 dividual’s performance as a pilot that are 

15 maintained by the air carrier or person 

16 concerning— 

17 ‘‘(I) the training, qualifications, 

18 proficiency, or professional competence 

19 of the individual, including comments 

20 and evaluations made by a check air21 man designated in accordance with 

22 section 121.411, 125.295, or 135.337 of 

23 such title; 

24 ‘‘(II) any disciplinary action 

25 taken with respect to the individual 
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1 that was not subsequently overturned; 

2 and 

3 ‘‘(III) any release from employ4 ment or resignation, termination, or 

5 disqualification with respect to em6 ployment. 

7 ‘‘(C) NATIONAL DRIVER REGISTER

8 RECORDS.—In accordance with section 

9 30305(b)(8) of this title, from the chief driver li10 censing official of a State, information con11 cerning the motor vehicle driving record of the 

12 individual. 

13 ‘‘(3) WRITTEN CONSENT; RELEASE FROM LIABIL14 ITY.—An air carrier— 

15 ‘‘(A) shall obtain the written consent of an 

16 individual before accessing records pertaining to 

17 the individual under paragraph (1); and 

18 ‘‘(B) may, notwithstanding any other pro19 vision of law or agreement to the contrary, re20 quire an individual with respect to whom the 

21 carrier is accessing records under paragraph (1) 

22 to execute a release from liability for any claim 

23 arising from accessing the records or the use of 

24 such records by the air carrier in accordance 

25 with this section (other than a claim arising 
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1 from furnishing information known to be false 

2 and maintained in violation of a criminal stat3 ute). 

4 ‘‘(4) REPORTING.— 

5 ‘‘(A) REPORTING BY ADMINISTRATOR.—The 

6 Administrator shall enter data described in 

7 paragraph (2)(A) into the database promptly to 

8 ensure that an individual’s records are current. 

9 ‘‘(B) REPORTING BY AIR CARRIERS AND

10 OTHER PERSONS.— 

11 ‘‘(i) IN GENERAL.—Air carriers and 

12 other persons shall report data described in 

13 paragraphs (2)(B) and (2)(C) to the Ad14 ministrator promptly for entry into the 

15 database. 

16 ‘‘(ii) DATA TO BE REPORTED.—Air 

17 carriers and other persons shall report, at a 

18 minimum, under clause (i) the following 

19 data described in paragraph (2)(B): 

20 ‘‘(I) Records that are generated by 

21 the air carrier or other person after the 

22 date of enactment of this paragraph. 

23 ‘‘(II) Records that the air carrier 

24 or other person is maintaining, on 
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1 such date of enactment, pursuant to 

2 subsection (h)(4). 

3 ‘‘(5) REQUIREMENT TO MAINTAIN RECORDS.— 

4 The Administrator— 

5 ‘‘(A) shall maintain all records entered into 

6 the database under paragraph (2) pertaining to 

7 an individual until the date of receipt of notifi8 cation that the individual is deceased; and 

9 ‘‘(B) may remove the individual’s records 

10 from the database after that date. 

11 ‘‘(6) RECEIPT OF CONSENT.—The Administrator 

12 shall not permit an air carrier to access records per13 taining to an individual from the database under 

14 paragraph (1) without the air carrier first dem15 onstrating to the satisfaction of the Administrator 

16 that the air carrier has obtained the written consent 

17 of the individual. 

18 ‘‘(7) RIGHT OF PILOT TO REVIEW CERTAIN

19 RECORDS AND CORRECT INACCURACIES.—Notwith20 standing any other provision of law or agreement, the 

21 Administrator, upon receipt of written request from 

22 an individual— 

23 ‘‘(A) shall make available, not later than 30 

24 days after the date of the request, to the indi-
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1 vidual for review all records referred to in para2 graph (2) pertaining to the individual; and 

3 ‘‘(B) shall provide the individual with a 

4 reasonable opportunity to submit written com5 ments to correct any inaccuracies contained in 

6 the records. 

7 ‘‘(8) REASONABLE CHARGES FOR PROCESSING

8 REQUESTS AND FURNISHING COPIES.—The Adminis9 trator may establish a reasonable charge for the cost 

10 of processing a request under paragraph (1) or (7) 

11 and for the cost of furnishing copies of requested 

12 records under paragraph (7). 

13 ‘‘(9) PRIVACY PROTECTIONS.— 

14 ‘‘(A) USE OF RECORDS.—An air carrier 

15 that accesses records pertaining to an individual 

16 under paragraph (1) may use the records only to 

17 assess the qualifications of the individual in de18 ciding whether or not to hire the individual as 

19 a pilot. The air carrier shall take such actions 

20 as may be necessary to protect the privacy of the 

21 individual and the confidentiality of the records 

22 accessed, including ensuring that information 

23 contained in the records is not divulged to any 

24 individual that is not directly involved in the 

25 hiring decision. 
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1 ‘‘(B) DISCLOSURE OF INFORMATION.— 

2 ‘‘(i) IN GENERAL.—Except as provided 

3 by clause (ii), information collected by the 

4 Administrator under paragraph (2) shall be 

5 exempt from the disclosure requirements of 

6 section 552 of title 5. 

7 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

8 not apply to— 

9 ‘‘(I) de-identified, summarized in10 formation to explain the need for 

11 changes in policies and regulations; 

12 ‘‘(II) information to correct a con13 dition that compromises safety; 

14 ‘‘(III) information to carry out a 

15 criminal investigation or prosecution; 

16 ‘‘(IV) information to comply with 

17 section 44905, regarding information 

18 about threats to civil aviation; and 

19 ‘‘(V) such information as the Ad20 ministrator determines necessary, if 

21 withholding the information would not 

22 be consistent with the safety respon23 sibilities of the Federal Aviation Ad24 ministration. 
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1 ‘‘(10) PERIODIC REVIEW.—Not later than 18 

2 months after the date of enactment of this paragraph, 

3 and at least once every 3 years thereafter, the Admin4 istrator shall transmit to Congress a statement that 

5 contains, taking into account recent developments in 

6 the aviation industry— 

7 ‘‘(A) recommendations by the Administrator 

8 concerning proposed changes to Federal Aviation 

9 Administration records, air carrier records, and 

10 other records required to be included in the data11 base under paragraph (2); or 

12 ‘‘(B) reasons why the Administrator does 

13 not recommend any proposed changes to the 

14 records referred to in subparagraph (A). 

15 ‘‘(11) REGULATIONS FOR PROTECTION AND SE16 CURITY OF RECORDS.—The Administrator shall pre17 scribe such regulations as may be necessary— 

18 ‘‘(A) to protect and secure— 

19 ‘‘(i) the personal privacy of any indi20 vidual whose records are accessed under 

21 paragraph (1); and 

22 ‘‘(ii) the confidentiality of those 

23 records; and 
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1 ‘‘(B) to preclude the further dissemination 

2 of records received under paragraph (1) by the 

3 person who accessed the records. 

4 ‘‘(12) GOOD FAITH EXCEPTION.—Notwith5 standing paragraph (1), an air carrier may allow an 

6 individual to begin service as a pilot, without first 

7 obtaining information described in paragraph (2)(B) 

8 from the database pertaining to the individual, if— 

9 ‘‘(A) the air carrier has made a documented 

10 good faith attempt to access the information 

11 from the database; and 

12 ‘‘(B) has received written notice from the 

13 Administrator that the information is not con14 tained in the database because the individual 

15 was employed by an air carrier or other person 

16 that no longer exists or by a foreign government 

17 or other entity that has not provided the infor18 mation to the database. 

19 ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO

20 RECORDS.— 

21 ‘‘(A) ACCESS BY INDIVIDUALS DESIGNATED

22 BY AIR CARRIERS.—For the purpose of increas23 ing timely and efficient access to records de24 scribed in paragraph (2), the Administrator may 

25 allow, under terms established by the Adminis-
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1 trator, an individual designated by an air car2 rier to have electronic access to the database. 

3 ‘‘(B) TERMS.—The terms established by the 

4 Administrator under subparagraph (A) for al5 lowing a designated individual to have electronic 

6 access to the database shall limit such access to 

7 instances in which information in the database 

8 is required by the designated individual in mak9 ing a hiring decision concerning a pilot appli10 cant and shall require that the designated indi11 vidual provide assurances satisfactory to the Ad12 ministrator that— 

13 ‘‘(i) the designated individual has re14 ceived the written consent of the pilot appli15 cant to access the information; and 

16 ‘‘(ii) information obtained using such 

17 access will not be used for any purpose 

18 other than making the hiring decision. 

19 ‘‘(14) AUTHORIZED EXPENDITURES.—Out of 

20 amounts appropriated under section 106(k)(1), there 

21 is authorized to be expended to carry out this sub22 section such sums as may be necessary for each of fis23 cal years 2010, 2011, and 2012. 

24 ‘‘(15) REGULATIONS.— 
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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall issue regulations to carry out this sub3 section. 

4 ‘‘(B) EFFECTIVE DATE.—The regulations 

5 shall specify the date on which the requirements 

6 of this subsection take effect and the date on 

7 which the requirements of subsection (h) cease to 

8 be effective. 

9 ‘‘(C) EXCEPTIONS.—Notwithstanding sub10 paragraph (B)— 

11 ‘‘(i) the Administrator shall begin to 

12 establish the database under paragraph (2) 

13 not later than 90 days after the date of en14 actment of this paragraph; 

15 ‘‘(ii) the Administrator shall maintain 

16 records in accordance with paragraph (5) 

17 beginning on the date of enactment of this 

18 paragraph; and 

19 ‘‘(iii) air carriers and other persons 

20 shall maintain records to be reported to the 

21 database under paragraph (4)(B) in the pe22 riod beginning on such date of enactment 

23 and ending on the date that is 5 years after 

24 the requirements of subsection (h) cease to 

25 be effective pursuant to subparagraph (B). 
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1 ‘‘(16) SPECIAL RULE.—During the one-year pe2 riod beginning on the date on which the requirements 

3 of this section become effective pursuant to paragraph 

4 (15)(B), paragraph (7)(A) shall be applied by sub5 stituting ‘45 days’ for ‘30 days’.’’. 

6 (c) CONFORMING AMENDMENTS.— 

7 (1) LIMITATION ON LIABILITY; PREEMPTION OF

8 STATE LAW.—Section 44703(j) (as redesignated by 

9 subsection (b)(1) of this section) is amended— 

10 (A) in the subsection heading by striking 

11 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

12 (B) in paragraph (1)— 

13 (i) in the matter preceding subpara14 graph (A) by striking ‘‘paragraph (2)’’ and 

15 inserting ‘‘subsection (h)(2) or (i)(3)’’; 

16 (ii) in subparagraph (A) by inserting 

17 ‘‘or accessing the records of that individual 

18 under subsection (i)(1)’’ before the semi19 colon; and 

20 (iii) in the matter following subpara21 graph (D) by striking ‘‘subsection (h)’’ and 

22 inserting ‘‘subsection (h) or (i)’’; 

23 (C) in paragraph (2) by striking ‘‘sub24 section (h)’’ and inserting ‘‘subsection (h) or 

25 (i)’’; 
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1 (D) in paragraph (3), in the matter pre2 ceding subparagraph (A), by inserting ‘‘or who 

3 furnished information to the database established 

4 under subsection (i)(2)’’ after ‘‘subsection 

5 (h)(1)’’; and 

6 (E) by adding at the end the following: 

7 ‘‘(4) PROHIBITION ON ACTIONS AND PRO8 CEEDINGS AGAINST AIR CARRIERS.— 

9 ‘‘(A) HIRING DECISIONS.—An air carrier 

10 may refuse to hire an individual as a pilot if the 

11 individual did not provide written consent for 

12 the air carrier to receive records under subsection 

13 (h)(2)(A) or (i)(3)(A) or did not execute the re14 lease from liability requested under subsection 

15 (h)(2)(B) or (i)(3)(B). 

16 ‘‘(B) ACTIONS AND PROCEEDINGS.—No ac17 tion or proceeding may be brought against an 

18 air carrier by or on behalf of an individual who 

19 has applied for or is seeking a position as a pilot 

20 with the air carrier if the air carrier refused to 

21 hire the individual after the individual did not 

22 provide written consent for the air carrier to re23 ceive records under subsection (h)(2)(A) or 

24 (i)(3)(A) or did not execute a release from liabil-
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1 ity requested under subsection (h)(2)(B) or 

2 (i)(3)(B).’’. 

3 (2) LIMITATION ON STATUTORY CONSTRUC4 TION.—Section 44703(k) (as redesignated by sub5 section (b)(1) of this section) is amended by striking 

6 ‘‘subsection (h)’’ and inserting ‘‘subsection (h) or (i)’’. 

7 SEC. 347. FAA RULEMAKING ON TRAINING PROGRAMS. 

8 (a) COMPLETION OF RULEMAKING ON TRAINING PRO9 GRAMS.—Not later than 14 months after the date of enact10 ment of this Act, the Administrator of the Federal Aviation 

11 Administration shall issue a final rule with respect to the 

12 notice of proposed rulemaking published in the Federal Reg13 ister on January 12, 2009 (74 Fed. Reg. 1280; relating to 

14 training programs for flight crewmembers and aircraft dis15 patchers). 

16 (b) EXPERT PANEL TO REVIEW PART 121 AND PART

17 135 TRAINING HOURS.— 

18 (1) ESTABLISHMENT.—Not later than 60 days 

19 after the date of enactment of this Act, the Adminis20 trator shall convene a multidisciplinary expert panel 

21 comprised of, at a minimum, air carrier representa22 tives, training facility representatives, instructional 

23 design experts, aircraft manufacturers, safety organi24 zation representatives, and labor union representa25 tives. 
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1 (2) ASSESSMENT AND RECOMMENDATIONS.—The 

2 panel shall assess and make recommendations con3 cerning— 

4 (A) the best methods and optimal time need5 ed for flight crewmembers of part 121 air car6 riers and flight crewmembers of part 135 air 

7 carriers to master aircraft systems, maneuvers, 

8 procedures, take offs and landings, and crew co9 ordination; 

10 (B) the optimal length of time between 

11 training events for such crewmembers, including 

12 recurrent training events; 

13 (C) the best methods to reliably evaluate 

14 mastery by such crewmembers of aircraft sys15 tems, maneuvers, procedures, take offs and land16 ings, and crew coordination; and 

17 (D) the best methods to allow specific aca18 demic training courses to be credited pursuant to 

19 section 11(d) toward the total flight hours re20 quired to receive an airline transport pilot cer21 tificate. 

22 (3) REPORT.—Not later than 1 after the date of 

23 enactment of this Act, the Administrator shall submit 

24 to the Committee on Transportation and Infrastruc25 ture of the House of Representatives, the Committee 
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1 on Commerce, Science, and Transportation of the 

2 Senate, and the National Transportation Safety 

3 Board a report based on the findings of the panel. 

4 SEC. 348. AVIATION SAFETY INSPECTORS AND OPER5 ATIONAL RESEARCH ANALYSTS. 

6 (a) REVIEW BY DOT INSPECTOR GENERAL.—Not later 

7 than 9 months after the date of enactment of this Act, the 

8 Inspector General of the Department of Transportation 

9 shall conduct a review of aviation safety inspectors and 

10 operational research analysts of the Federal Aviation Ad11 ministration assigned to part 121 air carriers and submit 

12 to the Administrator of the Federal Aviation Administra13 tion a report on the results of the review. 

14 (b) PURPOSES.—The purpose of the review shall be, 

15 at a minimum— 

16 (1) to review the level of the Administration’s 

17 oversight of each part 121 air carrier; 

18 (2) to make recommendations to ensure that each 

19 part 121 air carrier is receiving an equivalent level 

20 of oversight; 

21 (3) to assess the number and level of experience 

22 of aviation safety inspectors assigned to such carriers; 

23 (4) to evaluate how the Administration is mak24 ing assignments of aviation safety inspectors to such 

25 carriers; 
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1 (5) to review various safety inspector oversight 

2 programs, including the geographic inspector pro3 gram; 

4 (6) to evaluate the adequacy of the number of 

5 operational research analysts assigned to each part 

6 121 air carrier; 

7 (7) to evaluate the surveillance responsibilities of 

8 aviation safety inspectors, including en route inspec9 tions; 

10 (8) to evaluate whether inspectors are able to ef11 fectively use data sources, such as the Safety Perform12 ance Analysis System and the Air Transportation 

13 Oversight System, to assist in targeting oversight of 

14 air carriers; 

15 (9) to assess the feasibility of establishment by 

16 the Administration of a comprehensive repository of 

17 information that encompasses multiple Administra18 tion data sources and allowing access by aviation 

19 safety inspectors and operational research analysts to 

20 assist in the oversight of part 121 air carriers; and 

21 (10) to conduct such other analyses as the In22 spector General considers relevant to the purpose of 

23 the review. 

24 (c) REPORT TO CONGRESS.—Not later than 90 days 

25 after the date of receipt of the report submitted under sub-
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1 section (a), the Administrator shall submit to the Com2 mittee on Transportation and Infrastructure of the House 

3 of Representatives and the Committee on Commerce, 

4 Science, and Transportation of the Senate a report— 

5 (1) that specifies which, if any, policy changes 

6 recommended by the Inspector General under this sec7 tion the Administrator intends to adopt and imple8 ment; 

9 (2) that includes an explanation of how the Ad10 ministrator plans to adopt and implement such pol11 icy changes; and 

12 (3) in any case in which the Administrator does 

13 not intend to adopt a policy change recommended by 

14 the Inspector General, that includes an explanation of 

15 the reasons for the decision not to adopt and imple16 ment the policy change. 

17 SEC. 349. FLIGHT CREWMEMBER MENTORING, PROFES18 SIONAL DEVELOPMENT, AND LEADERSHIP. 

19 (a) RULEMAKING PROCEEDING.— 

20 (1) IN GENERAL.—The Administrator of the Fed21 eral Aviation Administration shall conduct a rule22 making proceeding to require each part 121 air car23 rier to take the following actions: 

24 (A) Establish flight crewmember mentoring 

25 programs under which the air carrier will pair 
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1 highly experienced flight crewmembers who will 

2 serve as mentor pilots and be paired with newly 

3 employed flight crewmembers. Mentor pilots shall 

4 receive, at a minimum, specific instruction on 

5 techniques for instilling and reinforcing the 

6 highest standards of technical performance, 

7 airmanship, and professionalism in newly em8 ployed flight crewmembers. 

9 (B) Establish flight crewmember profes10 sional development committees made up of air 

11 carrier management and labor union or profes12 sional association representatives to develop, ad13 minister, and oversee formal mentoring pro14 grams of the carrier to assist flight crewmembers 

15 to reach their maximum potential as safe, sea16 soned, and proficient flight crewmembers. 

17 (C) Establish or modify training programs 

18 to accommodate substantially different levels and 

19 types of flight experience by newly employed 

20 flight crewmembers. 

21 (D) Establish or modify training programs 

22 for second-in-command flight crewmembers at23 tempting to qualify as pilot-in-command flight 

24 crewmembers for the first time in a specific air-
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1 craft type and ensure that such programs in2 clude leadership and command training. 

3 (E) Ensure that recurrent training for pi4 lots in command includes leadership and com5 mand training. 

6 (F) Such other actions as the Administrator 

7 determines appropriate to enhance flight crew8 member professional development. 

9 (2) COMPLIANCE WITH STERILE COCKPIT

10 RULE.—Leadership and command training described 

11 in paragraphs (1)(D) and (1)(E) shall include in12 struction on compliance with flight crewmember du13 ties under part 121.542 of title 14, Code of Federal 

14 Regulations. 

15 (3) STREAMLINED PROGRAM REVIEW.— 

16 (A) IN GENERAL.—As part of the rule17 making required by subsection (a), the Adminis18 trator shall establish a streamlined process for 

19 part 121 air carriers that have in effect, as of 

20 the date of enactment of this Act, the programs 

21 required by paragraph (1). 

22 (B) EXPEDITED APPROVALS.—Under the 

23 streamlined process, the Administrator shall— 

24 (i) review the programs of such part 

25 121 air carriers to determine whether the 
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1 programs meet the requirements set forth in 

2 the final rule referred to in subsection 

3 (b)(2); and 

4 (ii) expedite the approval of the pro5 grams that the Administrator determines 

6 meet such requirements. 

7 (b) DEADLINES.—The Administrator shall issue— 

8 (1) not later than 180 days after the date of en9 actment of this Act, a notice of proposed rulemaking 

10 under subsection (a); and 

11 (2) not later than 24 months after such date of 

12 enactment, a final rule under subsection (a). 

13 SEC. 350. FLIGHT CREWMEMBER SCREENING AND QUALI14 FICATIONS. 

15 (a) REQUIREMENTS.— 

16 (1) RULEMAKING PROCEEDING.—The Adminis17 trator of the Federal Aviation Administration shall 

18 conduct a rulemaking proceeding to require part 121 

19 air carriers to develop and implement means and 

20 methods for ensuring that flight crewmembers have 

21 proper qualifications and experience. 

22 (2) MINIMUM REQUIREMENTS.— 

23 (A) PROSPECTIVE FLIGHT CREW24 MEMBERS.—Rules issued under paragraph (1) 

25 shall ensure that prospective flight crewmembers 
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1 undergo comprehensive pre-employment screen2 ing, including an assessment of the skills, apti3 tudes, airmanship, and suitability of each appli4 cant for a position as a flight crewmember in 

5 terms of functioning effectively in the air car6 rier’s operational environment. 

7 (B) ALL FLIGHT CREWMEMBERS.—Rules 

8 issued under paragraph (1) shall ensure that, 

9 after the date that is 3 years after the date of en10 actment of this Act, all flight crewmembers— 

11 (i) have obtained an airline transport 

12 pilot certificate under part 61 of title 14, 

13 Code of Federal Regulations; and 

14 (ii) have appropriate multi-engine air15 craft flight experience, as determined by the 

16 Administrator. 

17 (b) DEADLINES.—The Administrator shall issue— 

18 (1) not later than 180 days after the date of en19 actment of this Act, a notice of proposed rulemaking 

20 under subsection (a); and 

21 (2) not later than 24 months after such date of 

22 enactment, a final rule under subsection (a). 

23 SEC. 351. AIRLINE TRANSPORT PILOT CERTIFICATION. 

24 (a) RULEMAKING PROCEEDING.—The Administrator 

25 of the Federal Aviation Administration shall conduct a 
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1 rulemaking proceeding to amend part 61 of title 14, Code 

2 of Federal Regulations, to modify requirements for the 

3 issuance of an airline transport pilot certificate. 

4 (b) MINIMUM REQUIREMENTS.—To be qualified to re5 ceive an airline transport pilot certificate pursuant to sub6 section (a), an individual shall— 

7 (1) have sufficient flight hours, as determined by 

8 the Administrator, to enable a pilot to function effec9 tively in an air carrier operational environment; and 

10 (2) have received flight training, academic train11 ing, or operational experience that will prepare a 

12 pilot, at a minimum, to— 

13 (A) function effectively in a multipilot envi14 ronment; 

15 (B) function effectively in adverse weather 

16 conditions, including icing conditions; 

17 (C) function effectively during high altitude 

18 operations; 

19 (D) adhere to the highest professional stand20 ards; and 

21 (E) function effectively in an air carrier 

22 operational environment. 

23 (c) FLIGHT HOURS.— 
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1 (1) NUMBERS OF FLIGHT HOURS.—The total 

2 flight hours required by the Administrator under sub3 section (b)(1) shall be at least 1,500 flight hours. 

4 (2) FLIGHT HOURS IN DIFFICULT OPERATIONAL

5 CONDITIONS.—The total flight hours required by the 

6 Administrator under subsection (b)(1) shall include 

7 sufficient flight hours, as determined by the Adminis8 trator, in difficult operational conditions that may be 

9 encountered by an air carrier to enable a pilot to op10 erate safely in such conditions. 

11 (d) CREDIT TOWARD FLIGHT HOURS.—The Adminis12 trator may allow specific academic training courses, beyond 

13 those required under subsection (b)(2), to be credited toward 

14 the total flight hours required under subsection (c). The Ad15 ministrator may allow such credit based on a determina16 tion by the Administrator that allowing a pilot to take spe17 cific academic training courses will enhance safety more 

18 than requiring the pilot to fully comply with the flight 

19 hours requirement. 

20 (e) RECOMMENDATIONS OF EXPERT PANEL.—In con21 ducting the rulemaking proceeding under this section, the 

22 Administrator shall review and consider the assessment and 

23 recommendations of the expert panel to review part 121 and 

24 part 135 training hours established by section 7(b) of this 

25 Act. 
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1 (f) DEADLINE.—Not later than 36 months after the 

2 date of enactment of this Act, the Administrator shall issue 

3 a final rule under subsection (a). 

4 SEC. 352. FLIGHT SCHOOLS, FLIGHT EDUCATION, AND 

5 PILOT ACADEMIC TRAINING. 

6 (a) GAO STUDY.—The Comptroller General shall con7 duct a comprehensive study of flight schools, flight edu8 cation, and academic training requirements for certifi9 cation of an individual as a pilot. 

10 (b) MINIMUM CONTENTS OF STUDY.—The study shall 

11 include, at a minimum— 

12 (1) an assessment of the Federal Aviation Ad13 ministration’s oversight of flight schools; 

14 (2) an assessment of the Administration’s aca15 demic training requirements in effect on the date of 

16 enactment of this Act as compared to flight education 

17 provided to a pilot by accredited 2- and 4-year uni18 versities; 

19 (3) an assessment of the quality of pilots enter20 ing the part 121 air carrier workforce from all 

21 sources after receiving training from flight training 

22 providers, including Aviation Accreditation Board 

23 International, universities, pilot training organiza24 tions, and the military, utilizing the training records 

25 of part 121 air carriers, including consideration of 
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1 any relationships between flight training providers 

2 and air carriers; 

3 (4) a comparison of the academic training re4 quirements for pilots in the United States to the aca5 demic training requirements for pilots in other coun6 tries; 

7 (5) a determination and description of any im8 provements that may be needed in the Administra9 tion’s academic training requirements for pilots; 

10 (6) an assessment of student financial aid and 

11 loan options available to individuals interested in en12 rolling at a flight school for both academic and flight 

13 hour training; 

14 (7) an assessment of the Federal Aviation Ad15 ministration’s oversight of general aviation flight 

16 schools that offer or would like to offer training pro17 grams under part 142 of title 14, Code of Federal 

18 Regulations; and 

19 (8) an assessment of whether compliance with the 

20 English speaking requirements applicable to pilots 

21 under part 61 of such title is adequately tested and 

22 enforced. 

23 (c) REPORT.—Not later than 120 days after the date 

24 of enactment of this Act, the Comptroller General shall sub25 mit to the Committee on Transportation and Infrastructure 
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1 of the House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a report 

3 on the results of the study. 

4 SEC. 353. VOLUNTARY SAFETY PROGRAMS. 

5 (a) REPORT.—Not later than 180 days after the date 

6 of enactment of this Act, the Administrator of the Federal 

7 Aviation Administration shall submit to the Committee on 

8 Transportation and Infrastructure of the House of Rep9 resentatives and the Committee on Commerce, Science, and 

10 Transportation of the Senate a report on the aviation safety 

11 action program, the flight operational quality assurance 

12 program, the line operations safety audit, and the advanced 

13 qualification program. 

14 (b) CONTENTS.—The report shall include— 

15 (1) a list of— 

16 (A) which air carriers are using one or 

17 more of the voluntary safety programs referred to 

18 in subsection (a); and 

19 (B) the voluntary safety programs each air 

20 carrier is using; 

21 (2) if an air carrier is not using one or more of 

22 the voluntary safety programs— 

23 (A) a list of such programs the carrier is 

24 not using; and 
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1 (B) the reasons the carrier is not using each 

2 such program; 

3 (3) if an air carrier is using one or more of the 

4 voluntary safety programs, an explanation of the ben5 efits and challenges of using each such program; 

6 (4) a detailed analysis of how the Administra7 tion is using data derived from each of the voluntary 

8 safety programs as safety analysis and accident or 

9 incident prevention tools and a detailed plan on how 

10 the Administration intends to expand data analysis 

11 of such programs; 

12 (5) an explanation of— 

13 (A) where the data derived from such pro14 grams is stored; 

15 (B) how the data derived from such pro16 grams is protected and secured; and 

17 (C) what data analysis processes air car18 riers are implementing to ensure the effective use 

19 of the data derived from such programs; 

20 (6) a description of the extent to which aviation 

21 safety inspectors are able to review data derived from 

22 such programs to enhance their oversight responsibil23 ities; 

24 (7) a description of how the Administration 

25 plans to incorporate operational trends identified 
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1 under such programs into the air transport oversight 

2 system and other surveillance databases so that such 

3 system and databases are more effectively utilized; 

4 (8) other plans to strengthen such programs, tak5 ing into account reviews of such programs by the In6 spector General of the Department of Transportation; 

7 and 

8 (9) such other matters as the Administrator de9 termines are appropriate. 

10 SEC. 354. ASAP AND FOQA IMPLEMENTATION PLAN. 

11 (a) DEVELOPMENT AND IMPLEMENTATION PLAN.—The 

12 Administrator of the Federal Aviation Administration shall 

13 develop and implement a plan to facilitate the establish14 ment of an aviation safety action program and a flight 

15 operational quality assurance program by all part 121 air 

16 carriers. 

17 (b) MATTERS TO BE CONSIDERED.—In developing the 

18 plan under subsection (a), the Administrator shall con19 sider— 

20 (1) how the Administration can assist part 121 

21 air carriers with smaller fleet sizes to derive benefit 

22 from establishing a flight operational quality assur23 ance program; 

24 (2) how part 121 air carriers with established 

25 aviation safety action and flight operational quality 
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1 assurance programs can quickly begin to report data 

2 into the aviation safety information analysis sharing 

3 database; and 

4 (3) how part 121 air carriers and aviation safe5 ty inspectors can better utilize data from such data6 base as accident and incident prevention tools. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Administrator shall submit 

9 to the Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on Science, 

11 Commerce, and Transportation of the Senate a copy of the 

12 plan developed under subsection (a) and an explanation of 

13 how the Administration will implement the plan. 

14 (d) DEADLINE FOR BEGINNING IMPLEMENTATION OF

15 PLAN.—Not later than 1 after the date of enactment of this 

16 Act, the Administrator shall begin implementation of the 

17 plan developed under subsection (a). 

18 SEC. 355. SAFETY MANAGEMENT SYSTEMS. 

19 (a) RULEMAKING.—The Administrator of the Federal 

20 Aviation Administration shall conduct a rulemaking pro21 ceeding to require all part 121 air carriers to implement 

22 a safety management system. 

23 (b) MATTERS TO CONSIDER.—In conducting the rule24 making under subsection (a), the Administrator shall con-
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1 sider, at a minimum, including each of the following as 

2 a part of the safety management system: 

3 (1) An aviation safety action program. 

4 (2) A flight operational quality assurance pro5 gram. 

6 (3) A line operations safety audit. 

7 (4) An advanced qualification program. 

8 (c) DEADLINES.—The Administrator shall issue— 

9 (1) not later than 90 days after the date of en10 actment of this Act, a notice of proposed rulemaking 

11 under subsection (a); and 

12 (2) not later than 24 months after the date of en13 actment of this Act, a final rule under subsection (a). 

14 (d) SAFETY MANAGEMENT SYSTEM DEFINED.—In this 

15 section, the term ‘‘safety management system’’ means the 

16 program established by the Federal Aviation Administra17 tion in Advisory Circular 120–92, dated June 22, 2006, 

18 including any subsequent revisions thereto. 

19 SEC. 356. DISCLOSURE OF AIR CARRIERS OPERATING 

20 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS21 PORTATION. 

22 Section 41712 of title 49, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

25 TICKETS FOR FLIGHTS.— 
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1 ‘‘(1) IN GENERAL.—It shall be an unfair or de2 ceptive practice under subsection (a) for any ticket 

3 agent, air carrier, foreign air carrier, or other person 

4 offering to sell tickets for air transportation on a 

5 flight of an air carrier to not disclose, whether ver6 bally in oral communication or in writing in written 

7 or electronic communication, prior to the purchase of 

8 a ticket— 

9 ‘‘(A) the name (including any business or 

10 corporate name) of the air carrier providing the 

11 air transportation; and 

12 ‘‘(B) if the flight has more than one flight 

13 segment, the name of each air carrier providing 

14 the air transportation for each such flight seg15 ment. 

16 ‘‘(2) INTERNET OFFERS.—In the case of an offer 

17 to sell tickets described in paragraph (1) on an Inter18 net Web site, disclosure of the information required by 

19 paragraph (1) shall be provided on the first display 

20 of the Web site following a search of a requested 

21 itinerary in a format that is easily visible to a view22 er.’’. 

23 SEC. 357. PILOT FATIGUE. 

24 (a) FLIGHT AND DUTY TIME REGULATIONS.— 
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1 (1) IN GENERAL.—In accordance with para2 graph (3), the Administrator of the Federal Aviation 

3 Administration shall issue regulations, based on the 

4 best available scientific information— 

5 (A) to specify limitations on the hours of 

6 flight and duty time allowed for pilots to address 

7 problems relating to pilot fatigue; and 

8 (B) to require part 121 air carriers to de9 velop and implement fatigue risk management 

10 plans. 

11 (2) MATTERS TO BE ADDRESSED.—In con12 ducting the rulemaking proceeding under this sub13 section, the Administrator shall consider and review 

14 the following: 

15 (A) Time of day of flights in a duty period. 

16 (B) Number of takeoff and landings in a 

17 duty period. 

18 (C) Number of time zones crossed in a duty 

19 period. 

20 (D) The impact of functioning in multiple 

21 time zones or on different daily schedules. 

22 (E) Research conducted on fatigue, sleep, 

23 and circadian rhythms. 

24 (F) Sleep and rest requirements rec25 ommended by the National Transportation Safe-
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1 ty Board and the National Aeronautics and 

2 Space Administration. 

3 (G) International standards regarding 

4 flight schedules and duty periods. 

5 (H) Alternative procedures to facilitate 

6 alertness in the cockpit. 

7 (I) Scheduling and attendance policies and 

8 practices, including sick leave. 

9 (J) The effects of commuting, the means of 

10 commuting, and the length of the commute. 

11 (K) Medical screening and treatment. 

12 (L) Rest environments. 

13 (M) Any other matters the Administrator 

14 considers appropriate. 

15 (3) DEADLINES.—The Administrator shall 

16 issue— 

17 (A) not later than 180 days after the date 

18 of enactment of this Act, a notice of proposed 

19 rulemaking under subsection (a); and 

20 (B) not later than 1 after the date of enact21 ment of this Act, a final rule under subsection 

22 (a). 

23 (b) FATIGUE RISK MANAGEMENT PLAN.— 

24 (1) SUBMISSION OF FATIGUE RISK MANAGEMENT

25 PLAN BY PART 121 AIR CARRIERS.—Not later than 90 
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1 days after the date of enactment of this section, each 

2 part 121 air carrier shall submit to the Adminis3 trator for review and approval a fatigue risk manage4 ment plan. 

5 (2) CONTENTS OF PLAN.—A fatigue risk manage6 ment plan submitted by a part 121 air carrier under 

7 paragraph (1) shall include the following: 

8 (A) Current flight time and duty period 

9 limitations. 

10 (B) A rest scheme that enables the manage11 ment of fatigue, including annual training to in12 crease awareness of— 

13 (i) fatigue; 

14 (ii) the effects of fatigue on pilots; and 

15 (iii) fatigue countermeasures. 

16 (C) Development and use of a methodology 

17 that continually assesses the effectiveness of the 

18 program, including the ability of the program— 

19 (i) to improve alertness; and 

20 (ii) to mitigate performance errors. 

21 (3) PLAN UPDATES.—A part 121 air carrier 

22 shall update its fatigue risk management plan under 

23 paragraph (1) every 2 years and submit the update 

24 to the Administrator for review and approval. 

25 (4) APPROVAL.— 
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1 (A) INITIAL APPROVAL OR MODIFICATION.— 

2 Not later than 9 months after the date of enact3 ment of this section, the Administrator shall re4 view and approve or require modification to fa5 tigue risk management plans submitted under 

6 this subsection to ensure that pilots are not oper7 ating aircraft while fatigued. 

8 (B) UPDATE APPROVAL OR MODIFICA9 TION.—Not later than 9 months after submission 

10 of a plan update under paragraph (3), the Ad11 ministrator shall review and approve or require 

12 modification to such update. 

13 (5) CIVIL PENALTIES.—A violation of this sub14 section by a part 121 air carrier shall be treated as 

15 a violation of chapter 447 of title 49, United States 

16 Code, for purposes of the application of civil penalties 

17 under chapter 463 of that title. 

18 (6) LIMITATION ON APPLICABILITY.—The re19 quirements of this subsection shall cease to apply to 

20 a part 121 air carrier on and after the effective date 

21 of the regulations to be issued under subsection (a). 

22 (c) EFFECT OF COMMUTING ON FATIGUE.— 

23 (1) IN GENERAL.—Not later than 60 days after 

24 the date of enactment of this Act, the Administrator 

25 shall enter into appropriate arrangements with the 
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1 National Academy of Sciences to conduct a study of 

2 the effects of commuting on pilot fatigue and report 

3 its findings to the Administrator. 

4 (2) STUDY.—In conducting the study, the Na5 tional Academy of Sciences shall consider— 

6 (A) the prevalence of pilot commuting in 

7 the commercial air carrier industry, including 

8 the number and percentage of pilots who com9 mute; 

10 (B) information relating to commuting by 

11 pilots, including distances traveled, time zones 

12 crossed, time spent, and methods used; 

13 (C) research on the impact of commuting on 

14 pilot fatigue, sleep, and circadian rhythms; 

15 (D) commuting policies of commercial air 

16 carriers (including passenger and all-cargo air 

17 carriers), including pilot check-in requirements 

18 and sick leave and fatigue policies; 

19 (E) post-conference materials from the Fed20 eral Aviation Administration’s June 2008 sym21 posium entitled ‘‘Aviation Fatigue Management 

22 Symposium: Partnerships for Solutions’’; 

23 (F) Federal Aviation Administration and 

24 international policies and guidance regarding 

25 commuting; and 
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1 (G) any other matters as the Administrator 

2 considers appropriate. 

3 (3) PRELIMINARY FINDINGS.—Not later than 90 

4 days after the date of entering into arrangements 

5 under paragraph (1), the National Academy of 

6 Sciences shall submit to the Administrator its pre7 liminary findings under the study. 

8 (4) REPORT.—Not later than 6 months after the 

9 date of entering into arrangements under paragraph 

10 (1), the National Academy of Sciences shall submit to 

11 the Administrator a report containing its findings 

12 under the study and any recommendations for regu13 latory or administrative actions by the Federal Avia14 tion Administration concerning commuting by pilots. 

15 (5) RULEMAKING.—Following receipt of the re16 port of the National Academy of Sciences under para17 graph (4), the Administrator shall— 

18 (A) consider the findings and recommenda19 tions in the report; and 

20 (B) update, as appropriate based on sci21 entific data, regulations required by subsection 

22 (a) on flight and duty time. 

23 (6) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums as 

25 may be necessary to carry out this subsection. 
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1 SEC. 358. FLIGHT CREWMEMBER PAIRING AND CREW RE2 SOURCE MANAGEMENT TECHNIQUES. 

3 (a) STUDY.—The Administrator of the Federal Avia4 tion Administration shall conduct a study on aviation in5 dustry best practices with regard to flight crewmember 

6 pairing and crew resource management techniques. 

7 (b) REPORT.—Not later than 1 after the date of enact8 ment of this Act, the Administrator shall submit to the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a report on the 

12 results of the study. 

13 TITLE IV—AIR SERVICE 

14 IMPROVEMENTS 

15 SEC. 401. SMOKING PROHIBITION. 

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

17 (1) in the section heading by striking ‘‘sched18 uled’’ and inserting ‘‘passenger’’; and 

19 (2) by striking subsections (a) and (b) and in20 serting the following: 

21 ‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND

22 INTERSTATE TRANSPORTATION BY AIRCRAFT.—An indi23 vidual may not smoke in an aircraft— 

24 ‘‘(1) in scheduled passenger interstate air trans25 portation or scheduled passenger intrastate air trans26 portation; and 
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1 ‘‘(2) in nonscheduled intrastate or interstate 

2 transportation of passengers by aircraft for compensa3 tion, if a flight attendant is a required crewmember 

4 on the aircraft (as determined by the Administrator 

5 of the Federal Aviation Administration). 

6 ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANS7 PORTATION.—The Secretary of Transportation shall require 

8 all air carriers and foreign air carriers to prohibit smoking 

9 in an aircraft— 

10 ‘‘(1) in scheduled passenger foreign air transpor11 tation; and 

12 ‘‘(2) in nonscheduled passenger foreign air trans13 portation, if a flight attendant is a required crew14 member on the aircraft (as determined by the Admin15 istrator or a foreign government).’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chapter 

17 417 is amended by striking the item relating to section 

18 41706 and inserting the following: 

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

19 SEC. 402. MONTHLY AIR CARRIER REPORTS. 

20 (a) IN GENERAL.—Section 41708 is amended by add21 ing at the end the following: 

22 ‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 

23 ‘‘(1) MONTHLY REPORTS.—The Secretary shall 

24 require an air carrier referred to in paragraph (2) to 

25 file with the Secretary a monthly report on each flight 
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1 of the air carrier that is diverted from its scheduled 

2 destination to another airport and each flight of the 

3 air carrier that departs the gate at the airport at 

4 which the flight originates but is cancelled before 

5 wheels-off time. 

6 ‘‘(2) APPLICABILITY.—An air carrier that is re7 quired to file a monthly airline service quality per8 formance report under subsection (b) shall be subject 

9 to the requirement of paragraph (1). 

10 ‘‘(3) CONTENTS.—A monthly report filed by an 

11 air carrier under paragraph (1) shall include, at a 

12 minimum, the following information: 

13 ‘‘(A) For a diverted flight— 

14 ‘‘(i) the flight number of the diverted 

15 flight; 

16 ‘‘(ii) the scheduled destination of the 

17 flight; 

18 ‘‘(iii) the date and time of the flight; 

19 ‘‘(iv) the airport to which the flight 

20 was diverted; 

21 ‘‘(v) wheels-on time at the diverted air22 port; 

23 ‘‘(vi) the time, if any, passengers 

24 deplaned the aircraft at the diverted air25 port; and 
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1 ‘‘(vii) if the flight arrives at the sched2 uled destination airport— 

3 ‘‘(I) the gate-departure time at the 

4 diverted airport; 

5 ‘‘(II) the wheels-off time at the di6 verted airport; 

7 ‘‘(III) the wheels-on time at the 

8 scheduled arrival airport; and 

9 ‘‘(IV) the gate arrival time at the 

10 scheduled arrival airport. 

11 ‘‘(B) For flights cancelled after gate depar12 ture— 

13 ‘‘(i) the flight number of the cancelled 

14 flight; 

15 ‘‘(ii) the scheduled origin and destina16 tion airports of the cancelled flight; 

17 ‘‘(iii) the date and time of the can18 celled flight; 

19 ‘‘(iv) the gate-departure time of the 

20 cancelled flight; and 

21 ‘‘(v) the time the aircraft returned to 

22 the gate. 

23 ‘‘(4) PUBLICATION.—The Secretary shall compile 

24 the information provided in the monthly reports filed 

25 pursuant to paragraph (1) in a single monthly report 
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1 and publish such report on the website of the Depart2 ment of Transportation.’’. 

3 (b) EFFECTIVE DATE.—The Secretary of Transpor4 tation shall require monthly reports pursuant to the amend5 ment made by subsection (a) beginning not later than 90 

6 days after the date of enactment of this Act. 

7 SEC. 403. FLIGHT OPERATIONS AT REAGAN NATIONAL AIR8 PORT. 

9 (a) BEYOND PERIMETER EXEMPTIONS.—Section 

10 41718(a) is amended by striking ‘‘24’’ and inserting ‘‘34’’. 

11 (b) LIMITATIONS.—Section 41718(c)(2) is amended by 

12 striking ‘‘3 operations’’ and inserting ‘‘5 operations’’. 

13 (c) ALLOCATION OF BEYOND-PERIMETER EXEMP14 TIONS.—Section 41718(c) is amended— 

15 (1) by redesignating paragraphs (3) and (4) as 

16 paragraphs (4) and (5), respectively; and 

17 (2) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) SLOTS.—The Administrator of the Federal 

20 Aviation Administration shall reduce the hourly air 

21 carrier slot quota for Ronald Reagan Washington Na22 tional Airport in section 93.123(a) of title 14, Code 

23 of Federal Regulations, by a total of 10 slots that are 

24 available for allocation. Such reductions shall be 

25 taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. 
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1 hours, as determined by the Administrator, in order 

2 to grant exemptions under subsection (a).’’. 

3 (d) SCHEDULING PRIORITY.—Section 41718 is amend4 ed— 

5 (1) by redesignating subsections (e) and (f) as 

6 subsections (f) and (g), respectively; and 

7 (2) by inserting after subsection (d) the fol8 lowing: 

9 ‘‘(e) SCHEDULING PRIORITY.—Operations conducted 

10 by new entrant air carriers and limited incumbent air car11 riers shall be afforded a scheduling priority over operations 

12 conducted by other air carriers granted exemptions pursu13 ant to this section, with the highest scheduling priority to 

14 be afforded to beyond-perimeter operations conducted by 

15 new entrant air carriers and limited incumbent air car16 riers.’’. 

17 SEC. 404. EAS CONTRACT GUIDELINES. 

18 (a) COMPENSATION GUIDELINES.—Section 

19 41737(a)(1) is amended— 

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (B); 

22 (2) in subparagraph (C) by striking the period 

23 at the end and inserting a semicolon; and 

24 (3) by adding at the end the following: 
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1 ‘‘(D) include provisions under which the Sec2 retary may encourage an air carrier to improve air 

3 service for which compensation is being paid under 

4 this subchapter by incorporating financial incentives 

5 in an essential air service contract based on specified 

6 performance goals, including goals related to improv7 ing on-time performance, reducing the number of 

8 flight cancellations, establishing reasonable fares (in9 cluding joint fares beyond the hub airport), estab10 lishing convenient connections to flights providing 

11 service beyond hub airports, and increasing mar12 keting efforts; and 

13 ‘‘(E) include provisions under which the Sec14 retary may execute a long-term essential air service 

15 contract to encourage an air carrier to provide air 

16 service to an eligible place if it would be in the public 

17 interest to do so.’’. 

18 (b) DEADLINE FOR ISSUANCE OF REVISED GUID19 ANCE.—Not later than 90 days after the date of enactment 

20 of this Act, the Secretary of Transportation shall issue re21 vised guidelines governing the rate of compensation payable 

22 under subchapter II of chapter 417 of title 49, United States 

23 Code, that incorporate the amendments made by subsection 

24 (a). 
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1 (c) REPORT.—Not later than 2 years after the date of 

2 issuance of revised guidelines pursuant to subsection (b), 

3 the Secretary shall submit to the Committee on Transpor4 tation and Infrastructure of the House of Representatives 

5 and the Committee on Commerce, Science, and Transpor6 tation of the Senate a report on the extent to which the 

7 revised guidelines have been implemented and the impact, 

8 if any, such implementation has had on air carrier per9 formance and community satisfaction with air service for 

10 which compensation is being paid under subchapter II of 

11 chapter 417 of title 49, United States Code. 

12 SEC. 405. ESSENTIAL AIR SERVICE REFORM. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 41742(a)(2) of title 49, United States Code, is amended by 

15 striking ‘‘there is authorized to be appropriated 

16 $77,000,000’’ and inserting ‘‘there is authorized to be ap17 propriated out of the Airport and Airway Trust Fund 

18 $150,000,000’’. 

19 (b) DISTRIBUTION OF EXCESS FUNDS.— 

20 (1) IN GENERAL.—Section 41742(a) is amended 

21 by adding at the end the following: 

22 ‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of the 

23 funds, if any, credited to the account established 

24 under section 45303 in a fiscal year that exceed the 
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1 $50,000,000 made available for such fiscal year under 

2 paragraph (1)— 

3 ‘‘(A) one-half shall be made available imme4 diately for obligation and expenditure to carry 

5 out section 41743; and 

6 ‘‘(B) one-half shall be made available imme7 diately for obligation and expenditure to carry 

8 out subsection (b).’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 41742(b) is amended— 

11 (A) in the first sentence by striking ‘‘mon12 eys credited’’ and all that follows before ‘‘shall be 

13 used’’ and inserting ‘‘amounts made available 

14 under subsection (a)(4)(B)’’; and 

15 (B) in the second sentence by striking ‘‘any 

16 amounts from those fees’’ and inserting ‘‘any of 

17 such amounts’’. 

18 SEC. 406. SMALL COMMUNITY AIR SERVICE. 

19 (a) PRIORITIES.—Section 41743(c)(5) is amended— 

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (D); 

22 (2) in subparagraph (E) by striking ‘‘fashion.’’ 

23 and inserting ‘‘fashion; and’’; and 

24 (3) by adding at the end the following: 
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1 ‘‘(F) multiple communities cooperate to sub2 mit a regional or multistate application to im3 prove air service.’’. 

4 (b) EXTENSION OF AUTHORIZATION.—Section 

5 41743(e)(2) is amended by striking ‘‘2009’’ and inserting 

6 ‘‘2012’’. 

7 SEC. 407. AIR PASSENGER SERVICE IMPROVEMENTS. 

8 (a) IN GENERAL.—Subtitle VII is amended by insert9 ing after chapter 421 the following: 

10 ‘‘CHAPTER 423—AIR PASSENGER SERVICE 

11 IMPROVEMENTS 

‘‘Sec. 

‘‘42301. Emergency contingency plans. 

‘‘42302. Consumer complaints. 

‘‘42303. Use of insecticides in passenger aircraft. 

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

12 ‘‘§ 42301. Emergency contingency plans 

13 ‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT

14 PLANS.—Not later than 90 days after the date of enactment 

15 of this section, each air carrier providing covered air trans16 portation at a large hub airport or medium hub airport 

17 and each operator of a large hub airport or medium hub 

18 airport shall submit to the Secretary of Transportation for 

19 review and approval an emergency contingency plan in ac20 cordance with the requirements of this section. 

21 ‘‘(b) COVERED AIR TRANSPORTATION DEFINED.—In 

22 this section, the term ‘covered air transportation’ means 
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1 scheduled passenger air transportation provided by an air 

2 carrier using aircraft with more than 30 seats. 

3 ‘‘(c) AIR CARRIER PLANS.— 

4 ‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air 

5 carrier shall submit an emergency contingency plan 

6 under subsection (a) for— 

7 ‘‘(A) each large hub airport and medium 

8 hub airport at which the carrier provides covered 

9 air transportation; and 

10 ‘‘(B) each large hub airport and medium 

11 hub airport at which the carrier has flights for 

12 which it has primary responsibility for inven13 tory control. 

14 ‘‘(2) CONTENTS.—An emergency contingency 

15 plan submitted by an air carrier for an airport under 

16 subsection (a) shall contain a description of how the 

17 air carrier will— 

18 ‘‘(A) provide food, water that meets the 

19 standards of the Safe Drinking Water Act (42 

20 U.S.C. 300f et seq.), restroom facilities, cabin 

21 ventilation, and access to medical treatment for 

22 passengers onboard an aircraft at the airport 

23 that is on the ground for an extended period of 

24 time without access to the terminal; 
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1 ‘‘(B) allow passengers to deplane following 

2 excessive delays; and 

3 ‘‘(C) share facilities and make gates avail4 able at the airport in an emergency. 

5 ‘‘(d) AIRPORT PLANS.—An emergency contingency 

6 plan submitted by an airport operator under subsection (a) 

7 shall contain— 

8 ‘‘(1) a description of how the airport operator, to 

9 the maximum extent practicable, will provide for the 

10 deplanement of passengers following excessive delays 

11 and will provide for the sharing of facilities and 

12 make gates available at the airport in an emergency; 

13 and 

14 ‘‘(2) in the case of an airport that is used by an 

15 air carrier or foreign air carrier for flights in foreign 

16 air transportation, a description of how the airport 

17 operator will provide for use of the airport’s terminal, 

18 to the maximum extent practicable, for the processing 

19 of passengers arriving at the airport on such a flight 

20 in the case of an excessive tarmac delay. 

21 ‘‘(e) UPDATES.— 

22 ‘‘(1) AIR CARRIERS.—An air carrier shall up23 date the emergency contingency plan submitted by the 

24 air carrier under subsection (a) every 3 years and 
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1 submit the update to the Secretary for review and ap2 proval. 

3 ‘‘(2) AIRPORTS.—An airport operator shall up4 date the emergency contingency plan submitted by the 

5 airport operator under subsection (a) every 5 years 

6 and submit the update to the Secretary for review 

7 and approval. 

8 ‘‘(f) APPROVAL.— 

9 ‘‘(1) IN GENERAL.—Not later than 9 months 

10 after the date of enactment of this section, the Sec11 retary shall review and approve or require modifica12 tions to emergency contingency plans submitted under 

13 subsection (a) and updates submitted under sub14 section (e) to ensure that the plans and updates will 

15 effectively address emergencies and provide for the 

16 health and safety of passengers. 

17 ‘‘(2) CIVIL PENALTIES.—The Secretary may as18 sess a civil penalty under section 46301 against an 

19 air carrier or airport that does not adhere to an 

20 emergency contingency plan approved under this sub21 section. 

22 ‘‘(g) MINIMUM STANDARDS.—The Secretary may es23 tablish, as necessary or desirable, minimum standards for 

24 elements in an emergency contingency plan required to be 

25 submitted under this section. 
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1 ‘‘(h) PUBLIC ACCESS.—An air carrier or airport re2 quired to submit emergency contingency plans under this 

3 section shall ensure public access to such plan after its ap4 proval under this section on the Internet website of the car5 rier or airport or by such other means as determined by 

6 the Secretary. 

7 ‘‘§ 42302. Consumer complaints 

8 ‘‘(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE

9 NUMBER.—The Secretary of Transportation shall establish 

10 a consumer complaints hotline telephone number for the use 

11 of passengers in air transportation. 

12 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the 

13 public of the telephone number established under subsection 

14 (a). 

15 ‘‘(c) NOTICE TO PASSENGERS OF AIR CARRIERS.—An 

16 air carrier providing scheduled air transportation using 

17 aircraft with 30 or more seats shall include on the Internet 

18 Web site of the carrier and on any ticket confirmation and 

19 boarding pass issued by the air carrier— 

20 ‘‘(1) the hotline telephone number established 

21 under subsection (a); 

22 ‘‘(2) the email address, telephone number, and 

23 mailing address of the air carrier; and 

24 ‘‘(3) the email address, telephone number, and 

25 mailing address of the Aviation Consumer Protection 
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1 Division of the Department of Transportation for the 

2 submission of reports by passengers about air travel 

3 service problems. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be nec6 essary to carry out this section. Such sums shall remain 

7 available until expended. 

8 ‘‘§ 42303. Use of insecticides in passenger aircraft 

9 ‘‘(a) INFORMATION TO BE PROVIDED ON THE INTER10 NET.—The Secretary of Transportation shall establish, and 

11 make available to the general public, an Internet Web site 

12 that contains a listing of countries that may require an 

13 air carrier or foreign air carrier to treat an aircraft pas14 senger cabin with insecticides prior to a flight in foreign 

15 air transportation to that country or to apply an aerosol 

16 insecticide in an aircraft cabin used for such a flight when 

17 the cabin is occupied with passengers. 

18 ‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for19 eign air carrier, or ticket agent selling, in the United 

20 States, a ticket for a flight in foreign air transportation 

21 to a country listed on the Internet Web site established 

22 under subsection (a) shall— 

23 ‘‘(1) disclose, on its own Internet Web site or 

24 through other means, that the destination country 

25 may require the air carrier or foreign air carrier to 
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1 treat an aircraft passenger cabin with insecticides 

2 prior to the flight or to apply an aerosol insecticide 

3 in an aircraft cabin used for such a flight when the 

4 cabin is occupied with passengers; and 

5 ‘‘(2) refer the purchaser of the ticket to the Inter6 net Web site established under subsection (a) for addi7 tional information. 

8 ‘‘§ 42304. Notification of flight status by text message 

9 or email 

10 ‘‘Not later than 180 days after the date of enactment 

11 of this section, the Secretary of Transportation shall issue 

12 regulations to require that each air carrier that has at least 

13 1 percent of total domestic scheduled-service passenger rev14 enue provide each passenger of the carrier— 

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

16 or any other comparable electronic service, subject to 

17 any fees applicable under the contract of the pas18 senger for the electronic service, from the air carrier 

19 a notification of any change in the status of the flight 

20 of the passenger whenever the flight status is changed 

21 before the boarding process for the flight commences; 

22 and 

23 ‘‘(2) the notification if the passenger requests the 

24 notification.’’. 
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1 (b) CLERICAL AMENDMENT.—The analysis for subtitle 

2 VII is amended by inserting after the item relating to chap3 ter 421 the following: 

‘‘423. Air Passenger Service Improvements ................................................... 42301’’. 

4 (c) PENALTIES.—Section 46301 is amended in sub5 sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 423,’’ 

6 after ‘‘chapter 421,’’. 

7 (d) APPLICABILITY OF REQUIREMENTS.—Except as 

8 otherwise specifically provided, the requirements of chapter 

9 423 of title 49, United States Code, as added by this section, 

10 shall begin to apply 60 days after the date of enactment 

11 of this Act. 

12 SEC. 408. CONTENTS OF COMPETITION PLANS. 

13 Section 47106(f)(2) is amended— 

14 (1) by striking ‘‘patterns of air service,’’; 

15 (2) by inserting ‘‘and’’ before ‘‘whether’’; and 

16 (3) by striking ‘‘, and airfare levels’’ and all that 

17 follows before the period. 

18 SEC. 409. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

19 Section 47107(s)(3) is amended by striking ‘‘October 

20 1, 2009’’ and inserting ‘‘September 30, 2012’’. 

21 SEC. 410. CONTRACT TOWER PROGRAM. 

22 (a) COST-BENEFIT REQUIREMENT.—Section 47124(b) 

23 is amended— 

24 (1) by striking ‘‘(1) The Secretary’’ and insert25 ing the following: 
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1 ‘‘(1) CONTRACT TOWER PROGRAM.— 

2 ‘‘(A) CONTINUATION AND EXTENSION.—The 

3 Secretary’’; 

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

5 following: 

6 ‘‘(B) SPECIAL RULE.—If the Secretary de7 termines that a tower already operating under 

8 the program continued under this paragraph has 

9 a benefit to cost ratio of less than 1.0, the airport 

10 sponsor or State or local government having ju11 risdiction over the airport shall not be required 

12 to pay the portion of the costs that exceeds the 

13 benefit for a period of 18 months after such de14 termination is made. 

15 ‘‘(C) USE OF EXCESS FUNDS.—If the Sec16 retary finds that all or part of an amount made 

17 available to carry out the program continued 

18 under this paragraph is not required during a 

19 fiscal year, the Secretary may use, during such 

20 fiscal year, the amount not so required to carry 

21 out the program established under paragraph 

22 (3).’’; and 

23 (3) by striking ‘‘(2) The Secretary’’ and insert24 ing the following: 

25 ‘‘(2) GENERAL AUTHORITY.—The Secretary’’. 
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1 (b) Section 47124(b)(3)(E) is amended to read as fol2 lows: 

3 ‘‘(E) FUNDING.—Of the amounts appro4 priated pursuant to section 106(k), not more 

5 than $9,500,000 for fiscal year 2010, 

6 $10,000,000 for fiscal year 2011, and 

7 $10,000,000 for fiscal year 2012 may be used to 

8 carry out this paragraph.’’. 

9 (c) USE OF EXCESS FUNDS.—Section 47124(b)(3) is 

10 amended— 

11 (1) by redesignating subparagraph (E) (as 

12 amended by subsection (b) of this section) as subpara13 graph (F); and 

14 (2) by inserting after subparagraph (D) the fol15 lowing: 

16 ‘‘(E) USE OF EXCESS FUNDS.—If the Sec17 retary finds that all or part of an amount made 

18 available under this subparagraph is not re19 quired during a fiscal year to carry out this 

20 paragraph, the Secretary may use, during such 

21 fiscal year, the amount not so required to carry 

22 out the program continued under paragraph 

23 (1).’’. 
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1 (d) FEDERAL SHARE.—Section 47124(b)(4)(C) is 

2 amended by striking ‘‘$1,500,000’’ and inserting 

3 ‘‘$2,000,000’’. 

4 (e) SAFETY AUDITS.—Section 47124 is amended by 

5 adding at the end the following: 

6 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

7 uniform standards and requirements for safety assessments 

8 of air traffic control towers that receive funding under this 

9 section.’’. 

10 SEC. 411. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) the Armed Forces is comprised of approxi13 mately 1,400,000 members who are stationed on ac14 tive duty at more than 6,000 military bases in 146 

15 different countries; 

16 (2) the United States is indebted to the members 

17 of the Armed Forces, many of whom are in grave 

18 danger due to their engagement in, or exposure to, 

19 combat; 

20 (3) military service, especially in the current 

21 war against terrorism, often requires members of the 

22 Armed Forces to be separated from their families on 

23 short notice, for long periods of time, and under very 

24 stressful conditions; 
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1 (4) the unique demands of military service often 

2 preclude members of the Armed Forces from pur3 chasing discounted advance airline tickets in order to 

4 visit their loved ones at home and require members of 

5 the Armed Forces to travel with heavy bags; and 

6 (5) it is the patriotic duty of the people of the 

7 United States to support the members of the Armed 

8 Forces who are defending the Nation’s interests 

9 around the world at great personal sacrifice. 

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

11 that each United States air carrier should— 

12 (1) establish for all members of the Armed Forces 

13 on active duty reduced air fares that are comparable 

14 to the lowest airfare for ticketed flights; and 

15 (2) offer flexible terms that allow members of the 

16 Armed Forces on active duty to purchase, modify, or 

17 cancel tickets without time restrictions, fees, and pen18 alties and waive baggage fees for a minimum of 3 

19 bags. 

20 SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR21 TICIPATION PROGRAM. 

22 (a) REPEAL.—Section 41747 of title 49, United States 

23 Code, and the item relating to such section in the analysis 

24 for chapter 417 of such title, are repealed. 
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1 (b) APPLICABILITY.—Title 49, United States Code, 

2 shall be applied as if section 41747 of such title had not 

3 been enacted. 

4 SEC. 413. ADJUSTMENT TO SUBSIDY CAP TO REFLECT IN5 CREASED FUEL COSTS. 

6 (a) IN GENERAL.—The $200 per passenger subsidy 

7 cap initially established by Public Law 103–122 (107 Stat. 

8 1198; 1201) and made permanent by section 332 of Public 

9 Law 106–69 (113 Stat. 1022) shall be increased by an 

10 amount necessary to account for the increase, if any, in 

11 the cost of aviation fuel in the 24 months preceding the date 

12 of enactment of this Act, as determined by the Secretary. 

13 (b) ADJUSTMENT OF CAP.—Not later than 60 days 

14 after the date of enactment of this Act, the Secretary shall 

15 publish in the Federal Register the increased subsidy cap 

16 as an interim final rule, pursuant to which public comment 

17 will be sought and a final rule issued. 

18 (c) LIMITATION ON ELIGIBILITY.—A community that 

19 has been determined, pursuant to a final order issued by 

20 the Department of Transportation before the date of enact21 ment of this Act, to be ineligible for subsidized air service 

22 under subchapter II of chapter 417 of title 49, United States 

23 Code, shall not be eligible for the increased subsidy cap es24 tablished pursuant to this section. 
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1 SEC. 414. NOTICE TO COMMUNITIES PRIOR TO TERMI2 NATION OF ELIGIBILITY FOR SUBSIDIZED ES3 SENTIAL AIR SERVICE. 

4 Section 41733 of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMI7 NATION OF ELIGIBILITY.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall notify 

9 each community receiving basic essential air service 

10 for which compensation is being paid under this sub11 chapter on or before the 45th day before issuing any 

12 final decision to end the payment of such compensa13 tion due to a determination by the Secretary that 

14 providing such service requires a rate of subsidy per 

15 passenger in excess of the subsidy cap. 

16 ‘‘(2) PROCEDURES TO AVOID TERMINATION.— 

17 The Secretary shall establish, by order, procedures by 

18 which each community notified of an impending loss 

19 of subsidy under paragraph (1) may work directly 

20 with an air carrier to ensure that the air carrier is 

21 able to submit a proposal to the Secretary to provide 

22 essential air service to such community for an 

23 amount of compensation that would not exceed the 

24 subsidy cap. 
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1 ‘‘(3) ASSISTANCE PROVIDED.—The Secretary 

2 shall provide, by order, to each community notified 

3 under paragraph (1) information regarding— 

4 ‘‘(A) the procedures established pursuant to 

5 paragraph (2); and 

6 ‘‘(B) the maximum amount of compensation 

7 that could be provided under this subchapter to 

8 an air carrier serving such community that 

9 would comply with the subsidy cap. 

10 ‘‘(4) SUBSIDY CAP DEFINED.—In this subsection, 

11 the term ‘subsidy cap’ means the subsidy cap estab12 lished by section 332 of Public Law 106–69, includ13 ing any increase to that subsidy cap established by 

14 the Secretary pursuant to the Aviation Safety and 

15 Investment Act of 2010.’’. 

16 SEC. 415. RESTORATION OF ELIGIBILITY TO A PLACE DE17 TERMINED BY THE SECRETARY TO BE INELI18 GIBLE FOR SUBSIDIZED ESSENTIAL AIR SERV19 ICE. 

20 Section 41733 (as amended by section 413 of this Act) 

21 is further amended by adding at the end the following: 

22 ‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERNMENTS

23 TO RESTORE ELIGIBILITY.— 

24 ‘‘(1) IN GENERAL.—If the Secretary, after the 

25 date of enactment of this subsection, ends payment of 
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1 compensation to an air carrier for providing basic es2 sential air service to an eligible place because the Sec3 retary has determined that providing such service re4 quires a rate of subsidy per passenger in excess of the 

5 subsidy cap (as defined in subsection (f)), a State or 

6 local government may submit to the Secretary a pro7 posal for restoring compensation for such service. 

8 Such proposal shall be a joint proposal of the State 

9 or local government and an air carrier. 

10 ‘‘(2) DETERMINATION BY SECRETARY.—If a 

11 State or local government submits to the Secretary a 

12 proposal under paragraph (1) with respect to an eli13 gible place, and the Secretary determines that— 

14 ‘‘(A) the rate of subsidy per passenger under 

15 the proposal does not exceed the subsidy cap (as 

16 defined in subsection (f)); and 

17 ‘‘(B) the proposal is consistent with the 

18 legal and regulatory requirements of the essential 

19 air service program, 

20 the Secretary shall issue an order restoring the eligi21 bility of the otherwise eligible place to receive basic es22 sential air service by an air carrier for compensation 

23 under subsection (c).’’. 
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1 SEC. 416. OFFICE OF RURAL AVIATION. 

2 (a) IN GENERAL.—Subchapter II of chapter 417 is 

3 amended by adding at the end the following: 

4 ‘‘§ 41749. Office of Rural Aviation 

5 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor6 tation shall establish within the Department of Transpor7 tation an office to be known as the ‘Office of Rural Avia8 tion’ (in this section referred to as the ‘Office’). 

9 ‘‘(b) FUNCTIONS.—The Office shall— 

10 ‘‘(1) monitor the status of air service to small 

11 communities; 

12 ‘‘(2) develop proposals to improve air service to 

13 small communities; and 

14 ‘‘(3) carry out such other functions as the Sec15 retary considers appropriate.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for sub17 chapter II of chapter 417 is amended by adding at the end 

18 the following: 

‘‘41749. Office of Rural Aviation.’’. 

19 SEC. 417. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI20 CANTLY INCREASED COSTS. 

21 (a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.— 

22 Subject to the availability of funds, the Secretary may in23 crease the rates of compensation payable to air carriers 

24 under subchapter II of chapter 417 of title 49, United States 

25 Code, to compensate such carriers for increased aviation 
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1 fuel costs, without regard to any agreement or requirement 

2 relating to the renegotiation of contracts or any notice re3 quirement under section 41734 of such title. 

4 (b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDI5 VIDUAL CONTRACTS.— 

6 (1) IN GENERAL.—Section 41734(d) of title 49, 

7 United States Code, is amended by striking ‘‘continue 

8 to pay’’ and all that follows through ‘‘compensation 

9 sufficient—’’ and inserting ‘‘provide the carrier with 

10 compensation sufficient—’’. 

11 (2) EFFECTIVE DATE.—The amendment made by 

12 paragraph (1) shall apply to compensation to air car13 riers for air service provided after the 30th day fol14 lowing the date of enactment of this Act. 

15 SEC. 418. REVIEW OF AIR CARRIER FLIGHT DELAYS, CAN16 CELLATIONS, AND ASSOCIATED CAUSES. 

17 (a) REVIEW.—The Inspector General of the Depart18 ment of Transportation shall conduct a review regarding 

19 air carrier flight delays, cancellations, and associated 

20 causes to update its 2000 report numbered CR–2000–112 

21 and entitled ‘‘Audit of Air Carrier Flight Delays and Can22 cellations’’. 

23 (b) ASSESSMENTS.—In conducting the review under 

24 subsection (a), the Inspector General shall assess— 
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1 (1) the need for an update on delay and can2 cellation statistics, such as number of chronically de3 layed flights and taxi-in and taxi-out times; 

4 (2) air carriers’ scheduling practices; 

5 (3) the need for a re-examination of capacity 

6 benchmarks at the Nation’s busiest airports; 

7 (4) the impact of flight delays and cancellations 

8 on air travelers, including recommendations for pro9 grams that could be implemented to address the im10 pact of flight delays on air travelers; and 

11 (5) the effect that limited air carrier service op12 tions on routes have on the frequency of delays and 

13 cancellations on such routes. 

14 (c) REPORT.—Not later than 1 after the date of enact15 ment of this Act, the Inspector General shall submit to the 

16 Committee on Transportation and Infrastructure of the 

17 House of Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate a report on the 

19 results of the review conducted under this section, including 

20 the assessments described in subsection (b). 

21 SEC. 419. EUROPEAN UNION RULES FOR PASSENGER 

22 RIGHTS. 

23 (a) IN GENERAL.—The Comptroller General shall con24 duct a study to evaluate and compare the regulations of 

25 the European Union and the United States on compensa-
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1 tion and other consideration offered to passengers who are 

2 denied boarding or whose flights are cancelled or delayed. 

3 (b) SPECIFIC STUDY REQUIREMENTS.—The study 

4 shall include an evaluation and comparison of the regula5 tions based on costs to the air carriers, preferences of pas6 sengers for compensation or other consideration, and forms 

7 of compensation. In conducting the study, the Comptroller 

8 General shall also take into account the differences in struc9 ture and size of the aviation systems of the European Union 

10 and the United States. 

11 (c) REPORT.—Not later than 1 after the date of enact12 ment of this Act, the Comptroller General shall submit a 

13 report to Congress on the results of the study. 

14 SEC. 420. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

15 AVIATION CONSUMER PROTECTION. 

16 (a) IN GENERAL.—The Secretary of Transportation 

17 shall establish an advisory committee for aviation consumer 

18 protection (in this section referred to as the ‘‘advisory com19 mittee’’) to advise the Secretary in carrying out air pas20 senger service improvements, including those required by 

21 chapter 423 of title 49, United States Code. 

22 (b) MEMBERSHIP.—The Secretary shall appoint 8 

23 members to the advisory committee as follows: 
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1 (1) Two representatives of air carriers required 

2 to submit emergency contingency plans pursuant to 

3 section 42301 of title 49, United States Code. 

4 (2) Two representatives of the airport operators 

5 required to submit emergency contingency plans pur6 suant to section 42301 of such title. 

7 (3) Two representatives of State and local gov8 ernments who have expertise in aviation consumer 

9 protection matters. 

10 (4) Two representatives of nonprofit public inter11 est groups who have expertise in aviation consumer 

12 protection matters. 

13 (c) VACANCIES.—A vacancy in the advisory committee 

14 shall be filled in the manner in which the original appoint15 ment was made. 

16 (d) TRAVEL EXPENSES.—Members of the advisory 

17 committee shall serve without pay but shall receive travel 

18 expenses, including per diem in lieu of subsistence, in ac19 cordance with subchapter I of chapter 57 of title 5, United 

20 States Code. 

21 (e) CHAIRPERSON.—The Secretary shall designate, 

22 from among the individuals appointed under subsection (b), 

23 an individual to serve as chairperson of the advisory com24 mittee. 
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1 (f) DUTIES.—The duties of the advisory committee 

2 shall include the following: 

3 (1) Evaluating existing aviation consumer pro4 tection programs and providing recommendations for 

5 the improvement of such programs, if needed. 

6 (2) Providing recommendations to establish ad7 ditional aviation consumer protection programs, if 

8 needed. 

9 (g) REPORT.—Not later than February 1 of each year 

10 beginning after the date of enactment of this Act, the Sec11 retary shall transmit to Congress a report containing— 

12 (1) each recommendation made by the advisory 

13 committee during the preceding calendar year; and 

14 (2) an explanation of how the Secretary has im15 plemented each recommendation and, for each rec16 ommendation not implemented, the Secretary’s reason 

17 for not implementing the recommendation. 

18 SEC. 421. DENIED BOARDING COMPENSATION. 

19 Not later than May 19, 2010, and every 2 years there20 after, the Secretary shall evaluate the amount provided for 

21 denied boarding compensation and issue a regulation to ad22 just such compensation as necessary. 

23 SEC. 422. COMPENSATION FOR DELAYED BAGGAGE. 

24 (a) STUDY.—The Comptroller General shall conduct a 

25 study to— 
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1 (1) examine delays in the delivery of checked 

2 baggage to passengers of air carriers; and 

3 (2) make recommendations for establishing min4 imum standards to compensate a passenger in the 

5 case of an unreasonable delay in the delivery of 

6 checked baggage. 

7 (b) CONSIDERATION.—In conducting the study, the 

8 Comptroller General shall take into account the additional 

9 fees for checked baggage that are imposed by many air car10 riers and how the additional fees should improve an air 

11 carrier’s baggage performance. 

12 (c) REPORT.—Not later than 180 days after the date 

13 of enactment of this Act, the Comptroller General shall 

14 transmit to Congress a report on the results of the study. 

15 SEC. 423. SCHEDULE REDUCTION. 

16 (a) IN GENERAL.—If the Administrator of the Federal 

17 Aviation Administration determines that: (1) the aircraft 

18 operations of air carriers during any hour at an airport 

19 exceeds the hourly maximum departure and arrival rate es20 tablished by the Administrator for such operations; and (2) 

21 the operations in excess of the maximum departure and ar22 rival rate for such hour at such airport are likely to have 

23 a significant adverse effect on the national or regional air24 space system, the Administrator shall convene a conference 

25 of such carriers to reduce pursuant to section 41722, on a 
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1 voluntary basis, the number of such operations to less than 

2 such maximum departure and arrival rate. 

3 (b) NO AGREEMENT.—If the air carriers participating 

4 in a conference with respect to an airport under subsection 

5 (a) are not able to agree to a reduction in the number of 

6 flights to and from the airport to less than the maximum 

7 departure and arrival rate, the Administrator shall take 

8 such action as is necessary to ensure such reduction is im9 plemented. 

10 (c) QUARTERLY REPORTS.—Beginning 3 months after 

11 the date of enactment of this Act and every 3 months there12 after, the Administrator shall submit to Congress a report 

13 regarding scheduling at the 35 airports that have the great14 est number of passenger enplanements, including each oc15 currence in which hourly scheduled aircraft operations of 

16 air carriers at such an airport exceed the hourly maximum 

17 departure and arrival rate at any such airport. 

18 SEC. 424. EXPANSION OF DOT AIRLINE CONSUMER COM19 PLAINT INVESTIGATIONS. 

20 (a) IN GENERAL.—Subject to the availability of appro21 priations, the Secretary of Transportation shall investigate 

22 consumer complaints regarding— 

23 (1) flight cancellations; 

24 (2) compliance with Federal regulations con25 cerning overbooking seats on flights; 
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1 (3) lost, damaged, or delayed baggage, and dif2 ficulties with related airline claims procedures; 

3 (4) problems in obtaining refunds for unused or 

4 lost tickets or fare adjustments; 

5 (5) incorrect or incomplete information about 

6 fares, discount fare conditions and availability, over7 charges, and fare increases; 

8 (6) the rights of passengers who hold frequent 

9 flier miles or equivalent redeemable awards earned 

10 through customer-loyalty programs; and 

11 (7) deceptive or misleading advertising. 

12 (b) BUDGET NEEDS REPORT.—The Secretary shall 

13 provide, as an annex to its annual budget request, an esti14 mate of resources which would have been sufficient to inves15 tigate all such claims the Department of Transportation re16 ceived in the previous fiscal year. The annex shall be trans17 mitted to Congress when the President submits the budget 

18 of the United States to the Congress under section 1105 of 

19 title 31, United States Code. 

20 SEC. 425. PROHIBITIONS AGAINST VOICE COMMUNICA21 TIONS USING MOBILE COMMUNICATIONS DE22 VICES ON SCHEDULED FLIGHTS. 

23 (a) IN GENERAL.—Subchapter I of chapter 417 of title 

24 49, United States Code, is amended by adding at the end 

25 the following: 
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1 ‘‘§ 41724. Prohibitions against voice communications 

2 using mobile communications devices on 

3 scheduled flights 

4 ‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR5 TATION.— 

6 ‘‘(1) IN GENERAL.—An individual may not en7 gage in voice communications using a mobile commu8 nications device in an aircraft during a flight in 

9 scheduled passenger interstate air transportation or 

10 scheduled passenger intrastate air transportation. 

11 ‘‘(2) EXCEPTIONS.—The prohibition described in 

12 paragraph (1) shall not apply to— 

13 ‘‘(A) a member of the flight crew or flight 

14 attendants on an aircraft; or 

15 ‘‘(B) a Federal law enforcement officer act16 ing in an official capacity. 

17 ‘‘(b) FOREIGN AIR TRANSPORTATION.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Transpor19 tation shall require all air carriers and foreign air 

20 carriers to adopt the prohibition described in sub21 section (a) with respect to the operation of an aircraft 

22 in scheduled passenger foreign air transportation. 

23 ‘‘(2) ALTERNATE PROHIBITION.—If a foreign 

24 government objects to the application of paragraph 

25 (1) on the basis that paragraph (1) provides for an 

26 extraterritorial application of the laws of the United 
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1 States, the Secretary may waive the application of 

2 paragraph (1) to a foreign air carrier licensed by 

3 that foreign government until such time as an alter4 native prohibition on voice communications using a 

5 mobile communications device during flight is nego6 tiated by the Secretary with such foreign government 

7 through bilateral negotiations. 

8 ‘‘(c) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 ‘‘(1) FLIGHT.—The term ‘flight’ means the pe11 riod beginning when an aircraft takes off and ending 

12 when an aircraft lands. 

13 ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE

14 COMMUNICATIONS DEVICE.— 

15 ‘‘(A) INCLUSIONS.—The term ‘voice commu16 nications using a mobile communications device’ 

17 includes voice communications using— 

18 ‘‘(i) a commercial mobile radio service 

19 or other wireless communications device; 

20 ‘‘(ii) a broadband wireless device or 

21 other wireless device that transmits data 

22 packets using the Internet Protocol or com23 parable technical standard; or 

24 ‘‘(iii) a device having voice override 

25 capability. 
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1 ‘‘(B) EXCLUSION.—Such term does not in2 clude voice communications using a phone in3 stalled on an aircraft. 

4 ‘‘(d) SAFETY REGULATIONS.—This section shall not be 

5 construed to affect the authority of the Secretary to impose 

6 limitations on voice communications using a mobile com7 munications device for safety reasons. 

8 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

9 such regulations as are necessary to carry out this section.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for such 

11 subchapter is amended by adding at the end the following: 

‘‘41724. Prohibitions against voice communications using mobile communications 

devices on scheduled flights.’’. 

12 SEC. 426. ANTITRUST EXEMPTIONS. 

13 (a) STUDY.—The Comptroller General shall conduct a 

14 study of the legal requirements and policies followed by the 

15 Department in deciding whether to approve international 

16 alliances under section 41309 of title 49, United States 

17 Code, and grant exemptions from the antitrust laws under 

18 section 41308 of such title in connection with such inter19 national alliances. 

20 (b) ISSUES TO BE CONSIDERED.—In conducting the 

21 study under subsection (a), the Comptroller General, at a 

22 minimum, shall examine the following: 

23 (1) Whether granting exemptions from the anti24 trust laws in connection with international alliances 
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1 has resulted in public benefits, including an analysis 

2 of whether such benefits could have been achieved by 

3 international alliances not receiving exemptions from 

4 the antitrust laws. 

5 (2) Whether granting exemptions from the anti6 trust laws in connection with international alliances 

7 has resulted in reduced competition, increased prices 

8 in markets, or other adverse effects. 

9 (3) Whether international alliances that have 

10 been granted exemptions from the antitrust laws have 

11 implemented pricing or other practices with respect to 

12 the hub airports at which the alliances operate that 

13 have resulted in increased costs for consumers or fore14 closed competition by rival (nonalliance) air carriers 

15 at such airports. 

16 (4) Whether increased network size resulting 

17 from additional international alliance members will 

18 adversely affect competition between international al19 liances. 

20 (5) The areas in which immunized international 

21 alliances compete and whether there is sufficient com22 petition among immunized international alliances to 

23 ensure that consumers will receive benefits of at least 

24 the same magnitude as those that consumers would 
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1 receive if there were no immunized international alli2 ances. 

3 (6) The minimum number of international alli4 ances that is necessary to ensure robust competition 

5 and benefits to consumers on major international 

6 routes. 

7 (7) Whether the different regulatory and anti8 trust responsibilities of the Secretary and the Attor9 ney General with respect to international alliances 

10 have created any significant conflicting agency rec11 ommendations, such as the conditions imposed in 

12 granting exemptions from the antitrust laws. 

13 (8) Whether, from an antitrust standpoint, re14 quests for exemptions from the antitrust laws in con15 nection with international alliances should be treated 

16 as mergers, and therefore be exclusively subject to a 

17 traditional merger analysis by the Attorney General 

18 and be subject to advance notification requirements 

19 and a confidential review process similar to those re20 quired under section 7A of the Clayton Act (15 U.S.C. 

21 18a). 

22 (9) Whether the Secretary should amend, modify, 

23 or revoke any exemption from the antitrust laws 

24 granted by the Secretary in connection with an inter25 national alliance. 
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1 (10) The effect of international alliances on the 

2 number and quality of jobs for United States air car3 rier flight crew employees, including the share of alli4 ance flying done by those employees. 

5 (c) REPORT.—Not later than 1 after the date of enact6 ment of this Act, the Comptroller General shall submit to 

7 the Secretary of Transportation, the Committee on Trans8 portation and Infrastructure of the House of Representa9 tives, and the Committee on Commerce, Science, and Trans10 portation of the Senate a report on the results of the study 

11 under subsection (a), including any recommendations of the 

12 Comptroller General as to whether there should be changes 

13 in the authority of the Secretary under title 49, United 

14 States Code, or policy changes that the Secretary can imple15 ment administratively, with respect to approving inter16 national alliances and granting exemptions from the anti17 trust laws in connection with such international alliances. 

18 (d) ADOPTION OF RECOMMENDED POLICY CHANGES.— 

19 Not later than 1 after the date of receipt of the report under 

20 subsection (c), and after providing notice and an oppor21 tunity for public comment, the Secretary shall issue a writ22 ten determination as to whether the Secretary will adopt 

23 the policy changes, if any, recommended by the Comptroller 

24 General in the report or make any other policy changes with 

25 respect to approving international alliances and granting 
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1 exemptions from the antitrust laws in connection with such 

2 international alliances. 

3 (e) SUNSET PROVISION.— 

4 (1) IN GENERAL.—An exemption from the anti5 trust laws granted by the Secretary on or before the 

6 last day of the 3-year period beginning on the date 

7 of enactment of this Act in connection with an inter8 national alliance, including an exemption granted be9 fore the date of enactment of this Act, shall cease to 

10 be effective after such last day unless the exemption 

11 is renewed by the Secretary. 

12 (2) TIMING FOR RENEWALS.—The Secretary may 

13 not renew an exemption under paragraph (1) before 

14 the date on which the Secretary issues a written de15 termination under subsection (d). 

16 (3) STANDARDS FOR RENEWALS.—The Secretary 

17 shall make a decision on whether to renew an exemp18 tion under paragraph (1) based on the policies of the 

19 Department in effect after the Secretary issues a writ20 ten determination under subsection (d). 

21 (f) DEFINITIONS.—In this section, the following defini22 tions apply: 

23 (1) EXEMPTION FROM THE ANTITRUST LAWS.— 

24 The term ‘‘exemption from the antitrust laws’’ means 

25 an exemption from the antitrust laws granted by the 
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1 Secretary under section 41308 of title 49, United 

2 States Code. 

3 (2) IMMUNIZED INTERNATIONAL ALLIANCE.—The 

4 term ‘‘immunized international alliance’’ means an 

5 international alliance for which the Secretary has 

6 granted an exemption from the antitrust laws. 

7 (3) INTERNATIONAL ALLIANCE.—The term 

8 ‘‘international alliance’’ means a cooperative agree9 ment between an air carrier and a foreign air carrier 

10 to provide foreign air transportation subject to ap11 proval or disapproval by the Secretary under section 

12 41309 of title 49, United States Code. 

13 (4) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of Transportation. 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Transportation. 

17 SEC. 427. MUSICAL INSTRUMENTS. 

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

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

20 end the following: 

21 ‘‘§ 41725. Musical instruments 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) INSTRUMENTS IN THE PASSENGER COM24 PARTMENT.—An air carrier providing air transpor25 tation shall permit a passenger to carry a musical in-
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1 strument in the aircraft passenger compartment in a 

2 closet, baggage, or cargo stowage compartment ap3 proved by the Administrator without charge if— 

4 ‘‘(A) the instrument can be stowed in ac5 cordance with the requirements for carriage of 

6 carry-on baggage or cargo set forth by the Ad7 ministrator of the Federal Aviation Administra8 tion; and 

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

10 aircraft. 

11 ‘‘(2) LARGE INSTRUMENTS IN THE PASSENGER

12 COMPARTMENT.—An air carrier providing air trans13 portation shall permit a passenger to carry a musical 

14 instrument in the aircraft passenger compartment 

15 that is too large to be secured in a closet, baggage, or 

16 cargo stowage compartment approved by the Admin17 istrator, if— 

18 ‘‘(A) the instrument can be stowed in a 

19 seat, in accordance with the requirements for 

20 carriage of carry-on baggage or cargo set forth 

21 by the Administrator for such stowage; and 

22 ‘‘(B) the passenger wishing to carry the in23 strument in the aircraft cabin has purchased a 

24 seat to accommodate the instrument. 
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1 ‘‘(3) INSTRUMENTS AS CHECKED BAGGAGE.—An 

2 air carrier shall transport as baggage a musical in3 strument that is the property of a passenger on a 

4 flight and that may not be carried in the aircraft 

5 passenger compartment if— 

6 ‘‘(A) the sum of the length, width, and 

7 height measured in inches of the outside linear 

8 dimensions of the instrument (including the 

9 case) does not exceed 150 inches and the size re10 strictions for that aircraft; 

11 ‘‘(B) the weight of the instrument does not 

12 exceed 165 pounds and the weight restrictions for 

13 that aircraft; and 

14 ‘‘(C) the instrument can be stowed in ac15 cordance with the requirements for carriage of 

16 baggage or cargo set forth by the Administrator 

17 for such stowage. 

18 ‘‘(4) AIR CARRIER TERMS.—Nothing in this sec19 tion shall be construed as prohibiting an air carrier 

20 from limiting its liability for carrying a musical in21 strument or requiring a passenger to purchase insur22 ance to cover the value of a musical instrument trans23 ported by the air carrier. 
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1 ‘‘(b) REGULATIONS.—The Secretary may prescribe 

2 such regulations as may be necessary or appropriate to im3 plement subsection (a).’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for such 

5 subchapter is amended by adding at the end the following: 

‘‘41725. Musical instruments.’’. 

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

7 section shall take effect 30 days after the date of enactment 

8 of this Act. 

9 TITLE V—ENVIRONMENTAL 

10 STEWARDSHIP AND STREAM11 LINING 

12 SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PRO13 GRAM. 

14 Section 40128 is amended— 

15 (1) in subsection (a)(1)(C) by inserting ‘‘or vol16 untary agreement under subsection (b)(7)’’ before ‘‘for 

17 the park’’; 

18 (2) in subsection (a) by adding at the end the 

19 following: 

20 ‘‘(5) EXEMPTION.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding para22 graph (1), a national park that has 50 or fewer 

23 commercial air tour flights a year shall be ex24 empt from the requirements of this section, ex25 cept as provided in subparagraph (B). 
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1 ‘‘(B) WITHDRAWAL OF EXEMPTION.—If the 

2 Director determines that an air tour manage3 ment plan or voluntary agreement is necessary 

4 to protect park resources and values or park vis5 itor use and enjoyment, the Director shall with6 draw the exemption of a park under subpara7 graph (A). 

8 ‘‘(C) LIST OF PARKS.—The Director shall 

9 inform the Administrator, in writing, of each de10 termination under subparagraph (B). The Direc11 tor and Administrator shall publish an annual 

12 list of national parks that are covered by the ex13 emption provided by this paragraph. 

14 ‘‘(D) ANNUAL REPORT.—A commercial air 

15 tour operator conducting commercial air tours 

16 in a national park that is exempt from the re17 quirements of this section shall submit to the Ad18 ministrator and the Director an annual report 

19 regarding the number of commercial air tour 

20 flights it conducts each year in such park.’’; 

21 (3) in subsection (b) by adding at the end the 

22 following: 

23 ‘‘(7) VOLUNTARY AGREEMENTS.— 

24 ‘‘(A) IN GENERAL.—As an alternative to an 

25 air tour management plan, the Director and the 
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1 Administrator may enter into a voluntary agree2 ment with a commercial air tour operator (in3 cluding a new entrant applicant and an oper4 ator that has interim operating authority) that 

5 has applied to conduct air tour operations over 

6 a national park to manage commercial air tour 

7 operations over such national park. 

8 ‘‘(B) PARK PROTECTION.—A voluntary 

9 agreement under this paragraph with respect to 

10 commercial air tour operations over a national 

11 park shall address the management issues nec12 essary to protect the resources of such park and 

13 visitor use of such park without compromising 

14 aviation safety or the air traffic control system 

15 and may— 

16 ‘‘(i) include provisions such as those 

17 described in subparagraphs (B) through (E) 

18 of paragraph (3); 

19 ‘‘(ii) include provisions to ensure the 

20 stability of, and compliance with, the vol21 untary agreement; and 

22 ‘‘(iii) provide for fees for such oper23 ations. 

24 ‘‘(C) PUBLIC.—The Director and the Ad25 ministrator shall provide an opportunity for 
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1 public review of a proposed voluntary agreement 

2 under this paragraph and shall consult with any 

3 Indian tribe whose tribal lands are, or may be, 

4 flown over by a commercial air tour operator 

5 under a voluntary agreement under this para6 graph. After such opportunity for public review 

7 and consultation, the voluntary agreement may 

8 be implemented without further administrative 

9 or environmental process beyond that described 

10 in this subsection. 

11 ‘‘(D) TERMINATION.—A voluntary agree12 ment under this paragraph may be terminated 

13 at any time at the discretion of the Director or 

14 the Administrator if the Director determines that 

15 the agreement is not adequately protecting park 

16 resources or visitor experiences or the Adminis17 trator determines that the agreement is adversely 

18 affecting aviation safety or the national aviation 

19 system. If a voluntary agreement for a national 

20 park is terminated, the operators shall conform 

21 to the requirements for interim operating author22 ity under subsection (c) until an air tour man23 agement plan for the park is in effect.’’; 

24 (4) in subsection (c) by striking paragraph 

25 (2)(I) and inserting the following: 
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1 ‘‘(I) may allow for modifications of the in2 terim operating authority without further envi3 ronmental review beyond that described in this 

4 section if— 

5 ‘‘(i) adequate information regarding 

6 the operator’s existing and proposed oper7 ations under the interim operating author8 ity is provided to the Administrator and the 

9 Director; 

10 ‘‘(ii) the Administrator determines that 

11 there would be no adverse impact on avia12 tion safety or the air traffic control system; 

13 and 

14 ‘‘(iii) the Director agrees with the 

15 modification, based on the Director’s profes16 sional expertise regarding the protection of 

17 the park resources and values and visitor 

18 use and enjoyment.’’; 

19 (5) in subsection (c)(3)(A) by striking ‘‘if the 

20 Administrator determines’’ and all that follows 

21 through the period at the end and inserting ‘‘without 

22 further environmental process beyond that described 

23 in this paragraph if— 

24 ‘‘(i) adequate information on the oper25 ator’s proposed operations is provided to the 
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1 Administrator and the Director by the oper2 ator making the request; 

3 ‘‘(ii) the Administrator agrees that 

4 there would be no adverse impact on avia5 tion safety or the air traffic control system; 

6 and 

7 ‘‘(iii) the Director agrees, based on the 

8 Director’s professional expertise regarding 

9 the protection of park resources and values 

10 and visitor use and enjoyment.’’; 

11 (6) by redesignating subsections (d), (e), and (f) 

12 as subsections (e), (f), and (g), respectively; and 

13 (7) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 

16 ‘‘(1) REPORT.—Each commercial air tour oper17 ator providing a commercial air tour over a national 

18 park under interim operating authority granted 

19 under subsection (c) or in accordance with an air 

20 tour management plan under subsection (b) shall sub21 mit a report to the Administrator and Director re22 garding the number of its commercial air tour oper23 ations over each national park and such other infor24 mation as the Administrator and Director may re-
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1 quest in order to facilitate administering the provi2 sions of this section. 

3 ‘‘(2) REPORT SUBMISSION.—Not later than 3 

4 months after the date of enactment of the Aviation 

5 Safety and Investment Act of 2010, the Administrator 

6 and Director shall jointly issue an initial request for 

7 reports under this subsection. The reports shall be 

8 submitted to the Administrator and Director on a fre9 quency and in a format prescribed by the Adminis10 trator and Director.’’. 

11 SEC. 502. STATE BLOCK GRANT PROGRAM. 

12 (a) GENERAL REQUIREMENTS.—Section 47128(a) is 

13 amended— 

14 (1) in the first sentence by striking ‘‘prescribe 

15 regulations’’ and inserting ‘‘issue guidance’’; and 

16 (2) in the second sentence by striking ‘‘regula17 tions’’ and inserting ‘‘guidance’’. 

18 (b) APPLICATIONS AND SELECTION.—Section 

19 47128(b)(4) is amended by inserting before the semicolon 

20 the following: ‘‘, including the National Environmental Pol21 icy Act of 1969 (42 U.S.C. 4321 et seq.), State and local 

22 environmental policy acts, Executive orders, agency regula23 tions and guidance, and other Federal environmental re24 quirements’’. 
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1 (c) ENVIRONMENTAL ANALYSIS AND COORDINATION

2 REQUIREMENTS.—Section 47128 is amended by adding at 

3 the end the following: 

4 ‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION

5 REQUIREMENTS.—A Federal agency, other than the Federal 

6 Aviation Administration, that is responsible for issuing an 

7 approval, license, or permit to ensure compliance with a 

8 Federal environmental requirement applicable to a project 

9 or activity to be carried out by a State using amounts from 

10 a block grant made under this section shall— 

11 ‘‘(1) coordinate and consult with the State; 

12 ‘‘(2) use the environmental analysis prepared by 

13 the State for the project or activity if such analysis 

14 is adequate; and 

15 ‘‘(3) supplement such analysis, as necessary, to 

16 meet applicable Federal requirements.’’. 

17 SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR RE18 VIEWS. 

19 Section 47173(a) is amended by striking ‘‘services of 

20 consultants in order to’’ and all that follows through the 

21 period at the end and inserting ‘‘services of consultants— 

22 ‘‘(1) to facilitate the timely processing, review, 

23 and completion of environmental activities associated 

24 with an airport development project; 
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1 ‘‘(2) to conduct special environmental studies re2 lated to an airport project funded with Federal funds; 

3 ‘‘(3) to conduct special studies or reviews to sup4 port approved noise compatibility measures described 

5 in part 150 of title 14, Code of Federal Regulations; 

6 or 

7 ‘‘(4) to conduct special studies or reviews to sup8 port environmental mitigation in a record of decision 

9 or finding of no significant impact by the Federal 

10 Aviation Administration.’’. 

11 SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

12 PROCEDURES. 

13 Section 47504 is amended by adding at the end the 

14 following: 

15 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE16 DURES.— 

17 ‘‘(1) IN GENERAL.—In accordance with sub18 section (c)(1), the Secretary may make a grant to an 

19 airport operator to assist in completing environ20 mental review and assessment activities for proposals 

21 to implement flight procedures at such airport that 

22 have been approved as part of an airport noise com23 patibility program under subsection (b). 

24 ‘‘(2) ADDITIONAL STAFF.—The Administrator 

25 may accept funds from an airport operator, including 
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1 funds provided to the operator under paragraph (1), 

2 to hire additional staff or obtain the services of con3 sultants in order to facilitate the timely processing, 

4 review, and completion of environmental activities as5 sociated with proposals to implement flight proce6 dures at such airport that have been approved as part 

7 of an airport noise compatibility program under sub8 section (b). 

9 ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL10 LECTIONS.—Notwithstanding section 3302 of title 31, 

11 any funds accepted under this section— 

12 ‘‘(A) shall be credited as offsetting collec13 tions to the account that finances the activities 

14 and services for which the funds are accepted; 

15 ‘‘(B) shall be available for expenditure only 

16 to pay the costs of activities and services for 

17 which the funds are accepted; and 

18 ‘‘(C) shall remain available until ex19 pended.’’. 

20 SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RES21 IDENTIAL PROPERTIES. 

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

23 amended by adding at the end the following: 

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

25 RESIDENTIAL PROPERTIES.—In approving a project to ac-
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1 quire residential real property using financial assistance 

2 made available under this section or chapter 471, the Sec3 retary shall ensure that the appraisal of the property to 

4 be acquired disregards any decrease or increase in the fair 

5 market value of the real property caused by the project for 

6 which the property is to be acquired, or by the likelihood 

7 that the property would be acquired for the project, other 

8 than that due to physical deterioration within the reason9 able control of the owner.’’. 

10 SEC. 506. SOUNDPROOFING OF RESIDENCES. 

11 (a) SOUNDPROOFING AND ACQUISITION OF CERTAIN

12 RESIDENTIAL BUILDINGS AND PROPERTIES.—Section 

13 47504(c)(2)(D) is amended to read as follows: 

14 ‘‘(D) to an airport operator and unit of local 

15 government referred to in paragraph (1)(A) or (1)(B) 

16 to soundproof— 

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

18 surrounding the airport that is used primarily 

19 for educational or medical purposes and that the 

20 Secretary decides is adversely affected by airport 

21 noise; and 

22 ‘‘(ii) residential buildings located on resi23 dential properties in the noise impact area sur24 rounding the airport that the Secretary decides 

25 is adversely affected by airport noise, if— 
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1 ‘‘(I) the residential properties are with2 in airport noise contours prepared by the 

3 airport owner or operator using the Sec4 retary’s methodology and guidance, and the 

5 noise contours have been found acceptable 

6 by the Secretary; 

7 ‘‘(II) the residential properties cannot 

8 be removed from airport noise contours for 

9 at least a 5-year period by changes in air10 port configuration or flight procedures; 

11 ‘‘(III) the land use jurisdiction has 

12 taken, or will take, appropriate action, in13 cluding the adoption of zoning laws, to the 

14 extent reasonable to restrict the use of land 

15 to uses that are compatible with normal 

16 airport operations; and 

17 ‘‘(IV) the Secretary determines that the 

18 project is compatible with the purposes of 

19 this chapter; and’’ 

20 (b) REQUIREMENTS APPLICABLE TO CERTAIN

21 GRANTS.—Section 44705 (as amended by this Act) is fur22 ther amended by adding at the end the following: 

23 ‘‘(f) REQUIREMENTS APPLICABLE TO CERTAIN

24 GRANTS.— 
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1 ‘‘(1) ESTABLISHMENT OF CRITERIA.—Before 

2 awarding a grant under subsection (c)(2)(D), the Sec3 retary shall establish criteria to determine which resi4 dences in the 65 DNL area suffer the greatest noise 

5 impact. 

6 ‘‘(2) ANALYSIS FROM COMPTROLLER GENERAL.— 

7 Prior to making a final decision on the criteria re8 quired by paragraph (1), the Secretary shall develop 

9 proposed criteria and obtain an analysis from the 

10 Comptroller General as to the reasonableness and va11 lidity of the criteria. 

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

13 the grants likely to be awarded under subsection 

14 (c)(2)(D) in fiscal years 2010 though 2012 will not 

15 be sufficient to soundproof all residences in the 65 

16 DNL area, the Secretary shall first award grants to 

17 soundproof those residences suffering the greatest noise 

18 impact under the criteria established under para19 graph (1).’’. 

20 SEC. 507. CLEEN RESEARCH, DEVELOPMENT, AND IMPLE21 MENTATION PARTNERSHIP. 

22 (a) COOPERATIVE AGREEMENT.—Subchapter I of 

23 chapter 475 is amended by adding at the end the following: 
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1 ‘‘§ 47511. CLEEN research, development, and imple2 mentation partnership 

3 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

4 Aviation Administration, in coordination with the Admin5 istrator of the National Aeronautics and Space Administra6 tion, shall enter into a cooperative agreement, using a com7 petitive process, with an institution, entity, or consortium 

8 to carry out a program for the development, maturing, and 

9 certification of CLEEN engine and airframe technology for 

10 aircraft over the next 10 years. 

11 ‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY

12 DEFINED.—In this section, the term ‘CLEEN engine and 

13 airframe technology’ means continuous lower energy, emis14 sions, and noise engine and airframe technology. 

15 ‘‘(c) PERFORMANCE OBJECTIVE.—The Administrator 

16 of the Federal Aviation Administration, in coordination 

17 with the Administrator of the National Aeronautics and 

18 Space Administration, shall establish the following per19 formance objectives for the program, to be achieved by Sep20 tember 30, 2016: 

21 ‘‘(1) Development of certifiable aircraft tech22 nology that reduces fuel burn by 33 percent compared 

23 to current technology, reducing energy consumption 

24 and greenhouse gas emissions. 

25 ‘‘(2) Development of certifiable engine technology 

26 that reduces landing and takeoff cycle nitrogen oxide 
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1 emissions by 60 percent, at a pressure ratio of 30, 

2 over the International Civil Aviation Organization 

3 standard adopted at the 6th Meeting of the Committee 

4 on Aviation Environmental Protection, with commen5 surate reductions over the full pressure ratio range, 

6 while limiting or reducing other gaseous or particle 

7 emissions. 

8 ‘‘(3) Development of certifiable aircraft tech9 nology that reduces noise levels by 32 Effective Per10 ceived Noise Level in Decibels cumulative, relative to 

11 Stage 4 standards. 

12 ‘‘(4) Determination of the feasibility of the use of 

13 alternative fuels in aircraft systems, including suc14 cessful demonstration and quantification of the bene15 fits of such fuels. 

16 ‘‘(5) Determination of the extent to which new 

17 engine and aircraft technologies may be used to ret18 rofit or re-engine aircraft to increase the integration 

19 of retrofitted and re-engined aircraft into the commer20 cial fleet. 

21 ‘‘(d) FUNDING.—Of amounts appropriated under sec22 tion 48102(a), not more than the following amounts may 

23 be used to carry out this section: 

24 ‘‘(1) $25,000,000 for fiscal year 2010. 

25 ‘‘(2) $33,000,000 for fiscal year 2011. 
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1 ‘‘(3) $50,000,000 for fiscal year 2012. 

2 ‘‘(e) REPORT.—Beginning in fiscal year 2010, the Ad3 ministrator of the Federal Aviation Administration shall 

4 publish an annual report on the program established under 

5 this section until completion of the program.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for such 

7 subchapter is amended by adding at the end the following: 

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

8 SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT 

9 WEIGHING 75,000 POUNDS OR LESS NOT COM10 PLYING WITH STAGE 3 NOISE LEVELS. 

11 (a) IN GENERAL.—Subchapter II of chapter 475 is 

12 amended by adding at the end the following: 

13 ‘‘§ 47534. Prohibition on operating certain aircraft 

14 weighing 75,000 pounds or less not com15 plying with stage 3 noise levels 

16 ‘‘(a) PROHIBITION.—Except as provided in subsection 

17 (b), (c), or (d), after December 31, 2013, a person may not 

18 operate a civil subsonic jet airplane with a maximum 

19 weight of 75,000 pounds or less, and for which an air20 worthiness certificate (other than an experimental certifi21 cate) has been issued, to or from an airport in the United 

22 States unless the Secretary of Transportation finds that the 

23 aircraft complies with stage 3 noise levels. 

24 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

25 aircraft operated only outside the 48 contiguous States. 
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1 ‘‘(c) EXCEPTIONS.—The Secretary may allow tem2 porary operation of an airplane otherwise prohibited from 

3 operation under subsection (a) to or from an airport in the 

4 contiguous United States by granting a special flight au5 thorization for one or more of the following circumstances: 

6 ‘‘(1) To sell, lease, or use the aircraft outside the 

7 48 contiguous States. 

8 ‘‘(2) To scrap the aircraft. 

9 ‘‘(3) To obtain modifications to the aircraft to 

10 meet stage 3 noise levels. 

11 ‘‘(4) To perform scheduled heavy maintenance or 

12 significant modifications on the aircraft at a mainte13 nance facility located in the contiguous 48 States. 

14 ‘‘(5) To deliver the aircraft to an operator leas15 ing the aircraft from the owner or return the aircraft 

16 to the lessor. 

17 ‘‘(6) To prepare, park, or store the aircraft in 

18 anticipation of any of the activities described in 

19 paragraphs (1) through (5). 

20 ‘‘(7) To provide transport of persons and goods 

21 in the relief of emergency situations. 

22 ‘‘(8) To divert the aircraft to an alternative air 

23 port in the 48 contiguous States on account of weath24 er, mechanical, fuel, air traffic control, or other safety 

25 reasons while conducting a flight in order to perform 
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1 any of the activities described in paragraphs (1) 

2 through (7). 

3 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in the sec4 tion may be construed as interfering with, nullifying, or 

5 otherwise affecting determinations made by the Federal 

6 Aviation Administration, or to be made by the Administra7 tion, with respect to applications under part 161 of title 

8 14, Code of Federal Regulations, that were pending on the 

9 date of enactment of this section.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 47531 is amended— 

12 (A) in the section heading by striking ‘‘for 

13 violating sections 47528–47530’’; and 

14 (B) by striking ‘‘47529, or 47530’’ and in15 serting ‘‘47529, 47530, or 47534’’. 

16 (2) Section 47532 is amended by inserting ‘‘or 

17 47534’’ after ‘‘47528–47531’’. 

18 (3) The analysis for chapter 475 is amended— 

19 (A) by striking the item relating to section 

20 47531 and inserting the following: 

‘‘47531. Penalties.’’; 

21 and 

22 (B) by inserting after the item relating to 

23 section 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 

not complying with stage 3 noise levels.’’. 
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1 SEC. 509. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 

2 (a) ESTABLISHMENT.—The Secretary of Transpor3 tation shall establish a pilot program to carry out not more 

4 than 6 environmental mitigation demonstration projects at 

5 public-use airports. 

6 (b) GRANTS.—In implementing the program, the Sec7 retary may make a grant to the sponsor of a public-use 

8 airport from funds apportioned under section 

9 47117(e)(1)(A) of title 49, United States Code, to carry out 

10 an environmental mitigation demonstration project to 

11 measurably reduce or mitigate aviation impacts on noise, 

12 air quality, or water quality in the vicinity of the airport. 

13 (c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 

14 An environmental mitigation demonstration project that 

15 receives funds made available under this section may be 

16 considered an eligible airport-related project for purposes 

17 of section 40117 of such title. 

18 (d) SELECTION CRITERIA.—In selecting among appli19 cants for participation in the program, the Secretary shall 

20 give priority consideration to applicants proposing to carry 

21 out environmental mitigation demonstration projects that 

22 will— 

23 (1) achieve the greatest reductions in aircraft 

24 noise, airport emissions, or airport water quality im25 pacts either on an absolute basis or on a per dollar 

26 of funds expended basis; and 
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1 (2) be implemented by an eligible consortium. 

2 (e) FEDERAL SHARE.—Notwithstanding any provi3 sion of subchapter I of chapter 471 of such title, the United 

4 States Government share of allowable project costs of an en5 vironmental mitigation demonstration project carried out 

6 under this section shall be 50 percent. 

7 (f) MAXIMUM AMOUNT.—The Secretary may not make 

8 grants for a single environmental mitigation demonstration 

9 project under this section in a total amount that exceeds 

10 $2,500,000. 

11 (g) PUBLICATION OF INFORMATION.—The Secretary 

12 may develop and publish information on the results of envi13 ronmental mitigation demonstration projects carried out 

14 under this section, including information identifying best 

15 practices for reducing or mitigating aviation impacts on 

16 noise, air quality, or water quality in the vicinity of air17 ports. 

18 (h) DEFINITIONS.—In this section, the following defi19 nitions apply: 

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

21 consortium’’ means a consortium of 2 or more of the 

22 following entities: 

23 (A) A business incorporated in the United 

24 States. 
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1 (B) A public or private educational or re2 search organization located in the United States. 

3 (C) An entity of a State or local govern4 ment. 

5 (D) A Federal laboratory. 

6 (2) ENVIRONMENTAL MITIGATION DEMONSTRA7 TION PROJECT.—The term ‘‘environmental mitigation 

8 demonstration project’’ means a project that— 

9 (A) demonstrates at a public-use airport en10 vironmental mitigation techniques or tech11 nologies with associated benefits, which have al12 ready been proven in laboratory demonstrations; 

13 (B) utilizes methods for efficient adaptation 

14 or integration of innovative concepts to airport 

15 operations; and 

16 (C) demonstrates whether a technique or 

17 technology for environmental mitigation identi18 fied in research is— 

19 (i) practical to implement at or near 

20 multiple public-use airports; and 

21 (ii) capable of reducing noise, airport 

22 emissions, greenhouse gas emissions, or 

23 water quality impacts in measurably sig24 nificant amounts. 
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1 SEC. 510. AIRCRAFT DEPARTURE QUEUE MANAGEMENT 

2 PILOT PROGRAM. 

3 (a) IN GENERAL.—The Secretary of Transportation 

4 shall carry out a pilot program at not more than 5 public5 use airports under which the Federal Aviation Administra6 tion shall use funds made available under section 48101(a) 

7 to test air traffic flow management tools, methodologies, and 

8 procedures that will allow air traffic controllers of the Ad9 ministration to better manage the flow of aircraft on the 

10 ground and reduce the length of ground holds and idling 

11 time for aircraft. 

12 (b) SELECTION CRITERIA.—In selecting from among 

13 airports at which to conduct the pilot program, the Sec14 retary shall give priority consideration to airports at which 

15 improvements in ground control efficiencies are likely to 

16 achieve the greatest fuel savings or air quality or other envi17 ronmental benefits, as measured by the amount of reduced 

18 fuel, reduced emissions, or other environmental benefits per 

19 dollar of funds expended under the pilot program. 

20 (c) MAXIMUM AMOUNT.—Not more than a total of 

21 $5,000,000 may be expended under the pilot program at 

22 any single public-use airport. 

23 (d) REPORT TO CONGRESS.—Not later than 3 years 

24 after the date of the enactment of this section, the Secretary 

25 shall submit to the Committee on Transportation and In26 frastructure of the House of Representatives and the Com-
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1 mittee on Commerce, Science, and Transportation of the 

2 Senate a report containing— 

3 (1) an evaluation of the effectiveness of the pilot 

4 program, including an assessment of the tools, meth5 odologies, and procedures that provided the greatest 

6 fuel savings and air quality and other environmental 

7 benefits, and any impacts on safety, capacity, or effi8 ciency of the air traffic control system or the airports 

9 at which affected aircraft were operating; 

10 (2) an identification of anticipated benefits from 

11 implementation of the tools, methodologies, and proce12 dures developed under the pilot program at other air13 ports; 

14 (3) a plan for implementing the tools, methodolo15 gies, and procedures developed under the pilot pro16 gram at other airports or the Secretary’s reasons for 

17 not implementing such measures at other airports; 

18 and 

19 (4) such other information as the Secretary con20 siders appropriate. 

21 SEC. 511. HIGH PERFORMANCE AND SUSTAINABLE AIR 

22 TRAFFIC CONTROL FACILITIES. 

23 (a) IN GENERAL.—The Administrator of the Federal 

24 Aviation Administration shall implement, to the maximum 

25 extent practicable, sustainable practices for the incorpora-
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1 tion of energy-efficient design, equipment, systems, and 

2 other measures in the construction and major renovation 

3 of air traffic control facilities of the Administration in 

4 order to reduce energy consumption and improve the envi5 ronmental performance of such facilities. 

6 (b) AUTHORIZATION.—Of amounts appropriated 

7 under section 48101(a) of title 49, United States Code, such 

8 sums as may be necessary may be used to carry out this 

9 section. 

10 SEC. 512. REGULATORY RESPONSIBILITY FOR AIRCRAFT 

11 ENGINE NOISE AND EMISSIONS STANDARDS. 

12 (a) INDEPENDENT REVIEW.—The Administrator of the 

13 FAA shall make appropriate arrangements for the National 

14 Academy of Public Administration or another qualified 

15 independent entity to review, in consultation with the FAA 

16 and the EPA, whether it is desirable to locate the regulatory 

17 responsibility for the establishment of engine noise and 

18 emissions standards for civil aircraft within one of the 

19 agencies. 

20 (b) CONSIDERATIONS.—The review shall be conducted 

21 so as to take into account— 

22 (1) the interrelationships between aircraft engine 

23 noise and emissions; 
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1 (2) the need for aircraft engine noise and emis2 sions to be evaluated and addressed in an integrated 

3 and comprehensive manner; 

4 (3) the scientific expertise of the FAA and the 

5 EPA to evaluate aircraft engine emissions and noise 

6 impacts on the environment; 

7 (4) expertise to interface environmental perform8 ance with ensuring the highest safe and reliable en9 gine performance of aircraft in flight; 

10 (5) consistency of the regulatory responsibility 

11 with other missions of the FAA and the EPA; 

12 (6) past effectiveness of the FAA and the EPA in 

13 carrying out the aviation environmental responsibil14 ities assigned to the agency; and 

15 (7) the international responsibility to represent 

16 the United States with respect to both engine noise 

17 and emissions standards for civil aircraft. 

18 (c) REPORT TO CONGRESS.—Not later than 6 months 

19 after the date of enactment of this Act, the Administrator 

20 of the FAA shall submit to Congress a report on the results 

21 of the review. The report shall include any recommenda22 tions developed as a result of the review and, if a transfer 

23 of responsibilities is recommended, a description of the steps 

24 and timeline for implementation of the transfer. 
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1 (d) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) EPA.—The term ‘‘EPA’’ means the Environ4 mental Protection Agency. 

5 (2) FAA.—The term ‘‘FAA’’ means the Federal 

6 Aviation Administration. 

7 SEC. 513. CABIN AIR QUALITY TECHNOLOGY. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Administrator of the Fed10 eral Aviation Administration shall initiate research and 

11 development work on effective air cleaning and sensor tech12 nology for the engine and auxiliary power unit for bleed 

13 air supplied to the passenger cabin and flight deck of a pres14 surized aircraft. 

15 (b) TECHNOLOGY REQUIREMENTS.—The technology 

16 should, at a minimum, be capable of— 

17 (1) removing oil-based contaminants from the 

18 bleed air supplied to the passenger cabin and flight 

19 deck; and 

20 (2) detecting and recording oil-based contami21 nants in the bleed air fraction of the total air sup22 plied to the passenger cabin and flight deck. 

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

24 enactment of this Act, the Administrator shall transmit to 
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1 Congress a report on the results of the research and develop2 ment work carried out under this section. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated such sums as may be nec5 essary to carry out this section. 

6 SEC. 514. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the European Union directive extending the 

9 European Union’s emissions trading proposal to 

10 international civil aviation without working through 

11 the International Civil Aviation Organization (in 

12 this section referred to as the ‘‘ICAO’’) in a con13 sensus-based fashion is inconsistent with the Conven14 tion on International Civil Aviation, done at Chicago 

15 on December 7, 1944 (TIAS 1591; commonly known 

16 as ‘‘Chicago Convention’’), and other relevant air 

17 services agreements and antithetical to building inter18 national cooperation to address effectively the problem 

19 of greenhouse gas emissions by aircraft engaged in 

20 international civil aviation; and 

21 (2) the European Union and its member states 

22 should instead work with other contracting states of 

23 the ICAO to develop a consensual approach to ad24 dressing aircraft greenhouse gas emissions through the 

25 ICAO. 
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1 SEC. 515. AIRPORT NOISE COMPATIBILITY PLANNING 

2 STUDY, PORT AUTHORITY OF NEW YORK AND 

3 NEW JERSEY. 

4 It is the sense of the House of Representatives that the 

5 Port Authority of New York and New Jersey should under6 take an airport noise compatibility planning study under 

7 part 150 of title 14, Code of Federal Regulations, for the 

8 airports that the Port Authority operates as of November 

9 2, 2009. In undertaking the study, the Port Authority 

10 should pay particular attention to the impact of noise on 

11 affected neighborhoods, including homes, businesses, and 

12 places of worship surrounding LaGuardia Airport, Newark 

13 Liberty Airport, and JFK Airport. 

14 SEC. 516. GAO STUDY ON COMPLIANCE WITH FAA RECORD 

15 OF DECISION. 

16 (a) STUDY.—The Comptroller General shall conduct a 

17 study to determine whether the Federal Aviation Adminis18 tration and the Massachusetts Port Authority are com19 plying with the requirements of the Federal Aviation Ad20 ministration’s record of decision dated August 2, 2002. 

21 (b) REPORT.—Not later than 1 after the date of the 

22 enactment of this Act, the Comptroller General shall submit 

23 to Congress a report on the results of the study. 

24 SEC. 517. WESTCHESTER COUNTY AIRPORT, NEW YORK. 

25 (a) RULEMAKING.—The Administrator of the Federal 

26 Aviation Administration shall conduct a rulemaking pro-
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1 ceeding to determine whether Westchester County Airport 

2 should be authorized to limit aircraft operations between 

3 the hours of 12 a.m. and 6:30 a.m. 

4 (b) DEADLINES.—The Administrator shall— 

5 (1) not later than 180 days after the date of en6 actment of this Act, issue a notice of proposed rule7 making under subsection (a); and 

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

9 comment period on the proposed rule, issue a final 

10 rule. 

11 SEC. 518. AVIATION NOISE COMPLAINTS. 

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

13 months after the date of enactment of this Act, each owner 

14 or operator of a large hub airport (as defined in section 

15 40102(a) of title 49, United States Code) shall publish on 

16 an Internet Web site of the airport a telephone number to 

17 receive aviation noise complaints related to the airport. 

18 (b) SUMMARIES AND REPORTS.—Not later than 1 after 

19 the last day of the 3-month period referred to in subsection 

20 (a), and annually thereafter, an owner or operator that re21 ceives one or more noise complaints under subsection (a) 

22 shall submit to the Administrator of the Federal Aviation 

23 Administration a report regarding the number of com24 plaints received and a summary regarding the nature of 

25 such complaints. The Administrator shall make such infor-
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1 mation available to the public by print and electronic 

2 means. 

3 TITLE VI—FAA EMPLOYEES AND 

4 ORGANIZATION 

5 SEC. 601. FEDERAL AVIATION ADMINISTRATION PER6 SONNEL MANAGEMENT SYSTEM. 

7 (a) DISPUTE RESOLUTION.—Section 40122(a) is 

8 amended— 

9 (1) by redesignating paragraphs (3) and (4) as 

10 paragraphs (5) and (6), respectively; and 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) DISPUTE RESOLUTION.— 

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

15 does not reach an agreement under paragraph 

16 (1) or the provisions referred to in subsection 

17 (g)(2)(C) with the exclusive bargaining rep18 resentative of the employees, the Administrator 

19 and the bargaining representative— 

20 ‘‘(i) shall use the services of the Federal 

21 Mediation and Conciliation Service to at22 tempt to reach such agreement in accord23 ance with part 1425 of title 29, Code of 

24 Federal Regulations (as in effect on the date 
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1 of enactment of the Aviation Safety and In2 vestment Act of 2010); or 

3 ‘‘(ii) may by mutual agreement adopt 

4 alternative procedures for the resolution of 

5 disputes or impasses arising in the negotia6 tion of the collective-bargaining agreement. 

7 ‘‘(B) BINDING ARBITRATION.— 

8 ‘‘(i) ASSISTANCE FROM FEDERAL SERV9 ICE IMPASSES PANEL.—If the services of the 

10 Federal Mediation and Conciliation Service 

11 under subparagraph (A)(i) do not lead to 

12 an agreement, the Administrator and the 

13 exclusive bargaining representative of the 

14 employees (in this subparagraph referred to 

15 as the ‘parties’) shall submit their issues in 

16 controversy to the Federal Service Impasses 

17 Panel. The Panel shall assist the parties in 

18 resolving the impasse by asserting jurisdic19 tion and ordering binding arbitration by a 

20 private arbitration board consisting of 3 

21 members. 

22 ‘‘(ii) APPOINTMENT OF ARBITRATION

23 BOARD.—The Executive Director of the 

24 Panel shall provide for the appointment of 

25 the 3 members of a private arbitration 
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1 board under clause (i) by requesting the Di2 rector of the Federal Mediation and Concil3 iation Service to prepare a list of not less 

4 than 15 names of arbitrators with Federal 

5 sector experience and by providing the list 

6 to the parties. Within 10 days of receiving 

7 the list, the parties shall each select one per8 son from the list. The 2 arbitrators selected 

9 by the parties shall then select a third per10 son from the list within 7 days. If either of 

11 the parties fails to select a person or if the 

12 2 arbitrators are unable to agree on the 

13 third person within 7 days, the parties shall 

14 make the selection by alternately striking 

15 names on the list until one arbitrator re16 mains. 

17 ‘‘(iii) FRAMING ISSUES IN CON18 TROVERSY.—If the parties do not agree on 

19 the framing of the issues to be submitted for 

20 arbitration, the arbitration board shall 

21 frame the issues. 

22 ‘‘(iv) HEARINGS.—The arbitration 

23 board shall give the parties a full and fair 

24 hearing, including an opportunity to 

25 present evidence in support of their claims 
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1 and an opportunity to present their case in 

2 person, by counsel, or by other representa3 tive as they may elect. 

4 ‘‘(v) DECISIONS.—The arbitration 

5 board shall render its decision within 90 

6 days after the date of its appointment. De7 cisions of the arbitration board shall be con8 clusive and binding upon the parties. 

9 ‘‘(vi) COSTS.—The parties shall share 

10 costs of the arbitration equally. 

11 ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon 

12 reaching a voluntary agreement or at the conclusion 

13 of the binding arbitration under paragraph (2)(B), 

14 the final agreement, except for those matters decided 

15 by an arbitration board, shall be subject to ratifica16 tion by the exclusive bargaining representative of the 

17 employees, if so requested by the bargaining represent18 ative, and approval by the head of the agency in ac19 cordance with the provisions referred to in subsection 

20 (g)(2)(C). 

21 ‘‘(4) ENFORCEMENT.— 

22 ‘‘(A) ENFORCEMENT ACTIONS IN UNITED

23 STATES COURTS.—Each United States district 

24 court and each United States court of a place 

25 subject to the jurisdiction of the United States 
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1 shall have jurisdiction of enforcement actions 

2 brought under this section. Such an action may 

3 be brought in any judicial district in the State 

4 in which the violation of this section is alleged 

5 to have been committed, the judicial district in 

6 which the Federal Aviation Administration has 

7 its principal office, or the District of Columbia. 

8 ‘‘(B) ATTORNEY FEES.—The court may as9 sess against the Federal Aviation Administration 

10 reasonable attorney fees and other litigation costs 

11 reasonably incurred in any case under this sec12 tion in which the complainant has substantially 

13 prevailed.’’. 

14 (b) APPLICATION.—On and after the date of enactment 

15 of this Act, any changes implemented by the Administrator 

16 of the Federal Aviation Administration on and after July 

17 10, 2005, under section 40122(a) of title 49, United States 

18 Code (as in effect on the day before such date of enactment), 

19 without the agreement of the exclusive bargaining represent20 ative of the employees of the Administration certified under 

21 section 7111 of title 5, United States Code, shall be null 

22 and void and the parties shall be governed by their last 

23 mutual agreement before the implementation of such 

24 changes. The Administrator and the bargaining representa25 tive shall resume negotiations promptly, and, subject to sub-
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1 section (c), their last mutual agreement shall be in effect 

2 until a new contract is adopted by the Administrator and 

3 the bargaining representative. If an agreement is not 

4 reached within 45 days after the date on which negotiations 

5 resume, the Administrator and the bargaining representa6 tive shall submit their issues in controversy to the Federal 

7 Service Impasses Panel in accordance with section 7119 of 

8 title 5, United States Code, for binding arbitration in ac9 cordance with paragraphs (2)(B), (3), and (4) of section 

10 40122(a) of title 49, United States Code (as amended by 

11 subsection (a) of this section). 

12 (c) SAVINGS CLAUSE.—All cost of living adjustments 

13 and other pay increases, lump sum payments to employees, 

14 and leave and other benefit accruals implemented as part 

15 of the changes referred to in subsection (b) may not be re16 versed unless such reversal is part of the calculation of back 

17 pay under subsection (d). The Administrator shall waive 

18 any overpayment paid to, and not collect any funds for 

19 such overpayment, from former employees of the Adminis20 tration who received lump sum payments prior to their sep21 aration from the Administration. 

22 (d) BACK PAY.— 

23 (1) IN GENERAL.—Employees subject to changes 

24 referred to in subsection (b) that are determined to be 

25 null and void under subsection (b) shall be eligible for 
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1 pay that the employees would have received under the 

2 last mutual agreement between the Administrator and 

3 the exclusive bargaining representative of such em4 ployees before the date of enactment of this Act and 

5 any changes were implemented without agreement of 

6 the bargaining representative. The Administrator 

7 shall pay the employees such pay subject to the avail8 ability of amounts appropriated to carry out this sub9 section. If the appropriated funds do not cover all 

10 claims of the employees for such pay, the Adminis11 trator and the bargaining representative, pursuant to 

12 negotiations conducted in accordance with section 

13 40122(a) of title 49, United States Code (as amended 

14 by subsection (a) of this section), shall determine the 

15 allocation of the appropriated funds among the em16 ployees on a pro rata basis. 

17 (2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated $20,000,000 to 

19 carry out this subsection. 

20 (e) INTERIM AGREEMENT.—If the Administrator and 

21 the exclusive bargaining representative of the employees 

22 subject to the changes referred to in subsection (b) reach a 

23 final and binding agreement with respect to such changes 

24 before the date of enactment of this Act, such agreement 

25 shall supersede any changes implemented by the Adminis-
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1 trator under section 40122(a) of title 49, United States 

2 Code (as in effect on the day before such date of enactment), 

3 without the agreement of the bargaining representative, and 

4 subsections (b) and (c) shall not take effect. 

5 SEC. 602. MERIT SYSTEM PRINCIPLES AND PROHIBITED 

6 PERSONNEL PRACTICES. 

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

8 ‘‘(A) sections 2301 and 2302, relating to 

9 merit system principles and prohibited personnel 

10 practices, including the provisions for investiga11 tion and enforcement as provided in chapter 12 

12 of title 5;’’. 

13 SEC. 603. APPLICABILITY OF BACK PAY REQUIREMENTS. 

14 (a) APPLICABILITY OF BACK PAY REQUIREMENTS.— 

15 Section 40122(g)(2) is amended— 

16 (1) by striking ‘‘and’’ at the end of subpara17 graph (G); 

18 (2) by striking the period at the end of subpara19 graph (H) and inserting ‘‘; and’’; and 

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

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

22 (b) APPLICABILITY.— 

23 (1) IN GENERAL.—The amendment made by sub24 section (a) shall apply to— 
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1 (A) all proceedings pending on, or com2 menced after, the date of enactment of this Act 

3 in which an employee of the Federal Aviation 

4 Administration is seeking relief under section 

5 5596 of title 5, United States Code, that was 

6 available as of March 31, 1996; and 

7 (B) subject to paragraph (2), personnel ac8 tions of the Federal Aviation Administration 

9 under section 5596 of such title occurring before 

10 the date of enactment of this Act. 

11 (2) SPECIAL RULE.—The authority of the Merit 

12 Systems Protection Board to provide a remedy under 

13 section 5596 of such title, with respect to a personnel 

14 action of the Federal Aviation Administration occur15 ring before the date of enactment of this Act, shall be 

16 limited to cases in which— 

17 (A) the Board, before such date of enact18 ment, found that the Federal Aviation Adminis19 tration committed an unjustified or unwar20 ranted personnel action but ruled that the Board 

21 did not have the authority to provide a remedy 

22 for the personnel action under section 5596 of 

23 such title; and 
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1 (B) a petition for review is filed with the 

2 clerk of the Board not later than 6 months after 

3 such date of enactment. 

4 SEC. 604. FAA TECHNICAL TRAINING AND STAFFING. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—The Comptroller General shall 

7 conduct a study on the training of the airway trans8 portation systems specialists of the Federal Aviation 

9 Administration (in this section referred to as ‘‘FAA 

10 systems specialists’’). 

11 (2) CONTENTS.—The study shall— 

12 (A) include an analysis of the type of train13 ing provided to FAA systems specialists; 

14 (B) include an analysis of the type of train15 ing that FAA systems specialists need to be pro16 ficient on the maintenance of latest technologies; 

17 (C) include a description of actions that the 

18 Administration has undertaken to ensure that 

19 FAA systems specialists receive up-to-date train20 ing on the latest technologies; 

21 (D) identify the amount and cost of FAA 

22 systems specialists training provided by vendors; 

23 (E) identify the amount and cost of FAA 

24 systems specialists training provided by the Ad-
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1 ministration after developing courses for the 

2 training of such specialists; 

3 (F) identify the amount and cost of travel 

4 that is required of FAA systems specialists in re5 ceiving training; and 

6 (G) include a recommendation regarding 

7 the most cost-effective approach to providing 

8 FAA systems specialists training. 

9 (3) REPORT.—Not later than 1 year after the 

10 date of enactment of this Act, the Comptroller General 

11 shall submit to the Committee on Transportation and 

12 Infrastructure of the House of Representatives and the 

13 Committee on Commerce, Science, and Transpor14 tation of the Senate a report on the results of the 

15 study. 

16 (b) WORKLOAD OF SYSTEMS SPECIALISTS.— 

17 (1) STUDY BY NATIONAL ACADEMY OF

18 SCIENCES.—Not later than 90 days after the date of 

19 enactment of this Act, the Administrator of the Fed20 eral Aviation Administration shall make appropriate 

21 arrangements for the National Academy of Sciences to 

22 conduct a study of the assumptions and methods used 

23 by the Federal Aviation Administration to estimate 

24 staffing needs for FAA systems specialists to ensure 
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1 proper maintenance and certification of the national 

2 airspace system. 

3 (2) CONTENTS.—The study shall be conducted so 

4 as to provide the following: 

5 (A) A suggested method of modifying FAA 

6 systems specialists staffing models for applica7 tion to current local conditions or applying some 

8 other approach to developing an objective staff9 ing standard. 

10 (B) The approximate cost and length of 

11 time for developing such models. 

12 (3) CONSULTATION.—In conducting the study, 

13 the National Academy of Sciences shall consult with 

14 the exclusive bargaining representative of employees of 

15 the Federal Aviation Administration certified under 

16 section 7111 of title 5, United States Code, and the 

17 Administrator of the Federal Aviation Administra18 tion. 

19 (4) REPORT.—Not later than 1 after the initi20 ation of the arrangements under subsection (a), the 

21 National Academy of Sciences shall submit to Con22 gress a report on the results of the study. 

23 SEC. 605. DESIGNEE PROGRAM. 

24 (a) REPORT.—Not later than 18 months after the date 

25 of enactment of this Act, the Comptroller General shall sub-
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1 mit to the Committee on Transportation and Infrastructure 

2 of the House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate a report 

4 on the status of recommendations made by the Government 

5 Accountability Office in its October 2004 report, ‘‘Aviation 

6 Safety: FAA Needs to Strengthen Management of Its Des7 ignee Programs’’ (GAO–05–40). 

8 (b) CONTENTS.—The report shall include— 

9 (1) an assessment of the extent to which the Fed10 eral Aviation Administration has responded to rec11 ommendations of the Government Accountability Of12 fice referred to in subsection (a); 

13 (2) an identification of improvements, if any, 

14 that have been made to the designee programs referred 

15 to in the report of the Office as a result of such rec16 ommendations; 

17 (3) an identification of further action that is 

18 needed to implement such recommendations, improve 

19 the Administration’s management control of the des20 ignee programs, and increase assurance that designees 

21 meet the Administration’s performance standards; 

22 and 

23 (4) an assessment of the Administration’s orga24 nizational delegation and designee programs and a 

25 determination as to whether the Administration has 
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1 sufficient monitoring and surveillance programs in 

2 place to properly oversee these programs. 

3 SEC. 606. STAFFING MODEL FOR AVIATION SAFETY INSPEC4 TORS. 

5 (a) IN GENERAL.—Not later than October 31, 2009, 

6 the Administrator of the Federal Aviation Administration 

7 shall develop a staffing model for aviation safety inspectors. 

8 In developing the model, the Administrator shall follow the 

9 recommendations outlined in the 2007 study released by the 

10 National Academy of Sciences entitled ‘‘Staffing Standards 

11 for Aviation Safety Inspectors’’ and consult with interested 

12 persons, including the exclusive collective bargaining rep13 resentative of the aviation safety inspectors. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated such sums as may be nec16 essary to carry out this section. 

17 SEC. 607. SAFETY CRITICAL STAFFING. 

18 (a) SAFETY INSPECTORS.—The Administrator of the 

19 Federal Aviation Administration shall increase the number 

20 of safety critical positions in the Flight Standards Service 

21 and Aircraft Certification Service for a fiscal year commen22 surate with the funding levels provided in subsection (b) 

23 for the fiscal year. Such increases shall be measured relative 

24 to the number of persons serving in safety critical positions 

25 as of September 30, 2008. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi2 tion to amounts authorized by section 106(k) of title 49, 

3 United States Code, there is authorized to be appropriated 

4 to carry out subsection (a)— 

5 (1) $45,000,000 for fiscal year 2010; 

6 (2) $138,000,000 for fiscal year 2011; and 

7 (3) $235,000,000 for fiscal year 2012. 

8 Such sums shall remain available until expended. 

9 (c) IMPLEMENTATION OF STAFFING STANDARDS.— 

10 Notwithstanding any other provision of this section, upon 

11 completion of the flight standards service staffing model 

12 under section 605 of this Act, and validation of the model 

13 by the Administrator, there are authorized to be appro14 priated such sums as may be necessary to support the num15 ber of aviation safety inspectors, safety technical specialists, 

16 and operation support positions that such model determines 

17 are required to meet the responsibilities of the Flight Stand18 ards Service. 

19 (d) SAFETY CRITICAL POSITIONS DEFINED.—In this 

20 section, the term ‘‘safety critical positions’’ means— 

21 (1) aviation safety inspectors, safety technical 

22 specialists, and operations support positions in the 

23 Flight Standards Service (as such terms are used in 

24 the Administration’s fiscal year 2009 congressional 

25 budget justification); and 
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1 (2) manufacturing safety inspectors, pilots, engi2 neers, Chief Scientist Technical Advisors, safety tech3 nical specialists, and operational support positions in 

4 the Aircraft Certification Service (as such terms are 

5 used in the Administration’s fiscal year 2009 congres6 sional budget justification). 

7 SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING. 

8 (a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

9 Not later than 90 days after the date of enactment of this 

10 Act, the Administrator of the Federal Aviation Administra11 tion shall enter into appropriate arrangements with the Na12 tional Academy of Sciences to conduct a study of the as13 sumptions and methods used by the Federal Aviation Ad14 ministration (in this section referred to as the ‘‘FAA’’) to 

15 estimate staffing needs for FAA air traffic controllers to en16 sure the safe operation of the national airspace system. 

17 (b) CONSULTATION.—In conducting the study, the Na18 tional Academy of Sciences shall consult with the exclusive 

19 bargaining representative of employees of the FAA certified 

20 under section 7111 of title 5, United States Code, the Ad21 ministrator of the Federal Aviation Administration, and 

22 representatives of the Civil Aeronautical Medical Institute. 

23 (c) CONTENTS.—The study shall include an examina24 tion of representative information on human factors, traffic 
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1 activity, and the technology and equipment used in air traf2 fic control. 

3 (d) RECOMMENDATIONS AND ESTIMATES.—In con4 ducting the study, the National Academy of Sciences shall 

5 develop— 

6 (1) recommendations for the development by the 

7 FAA of objective staffing standards to maintain the 

8 safety and efficiency of the national airspace system 

9 with current and future projected air traffic levels; 

10 and 

11 (2) estimates of cost and schedule for the develop12 ment of such standards by the FAA or its contractors. 

13 (e) REPORT.—Not later than 18 months after the date 

14 of enactment of this Act, the National Academy of Sciences 

15 shall submit to the Committee on Transportation and In16 frastructure of the House of Representatives and the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate a report on the results of the study. 

19 SEC. 609. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 

20 TRAFFIC CONTROLLERS. 

21 (a) STUDY.—The Administrator of the Federal Avia22 tion Administration shall conduct a study to assess the ade23 quacy of training programs for air traffic controllers. 

24 (b) CONTENTS.—The study shall include— 
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1 (1) a review of the current training system for 

2 air traffic controllers; 

3 (2) an analysis of the competencies required of 

4 air traffic controllers for successful performance in the 

5 current air traffic control environment; 

6 (3) an analysis of competencies required of air 

7 traffic controllers as the Federal Aviation Adminis8 tration transitions to the Next Generation Air Trans9 portation System; and 

10 (4) an analysis of various training approaches 

11 available to satisfy the controller competencies identi12 fied under paragraphs (2) and (3). 

13 (c) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, the Administrator shall submit 

15 to the Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on Com17 merce, Science, and Transportation of the Senate a report 

18 on the results of the study. 

19 SEC. 610. COLLEGIATE TRAINING INITIATIVE STUDY. 

20 (a) STUDY.—The Administrator of the Federal Avia21 tion Administration shall conduct a study on training op22 tions for graduates of the Collegiate Training Initiative 

23 program conducted under section 44506(c) of title 49 

24 United States Code. The study shall analyze the impact of 

25 providing as an alternative to the current training provided 
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1 at the Mike Monroney Aeronautical Center of the Adminis2 tration a new controller orientation session for graduates 

3 of such programs at the Mike Monroney Aeronautical Cen4 ter followed by on-the-job training for newly hired air traf5 fic controllers who are graduates of such program and shall 

6 include— 

7 (1) the cost effectiveness of such an alternative 

8 training approach; and 

9 (2) the effect that such an alternative training 

10 approach would have on the overall quality of train11 ing received by graduates of such programs. 

12 (b) REPORT.—Not later than 180 days after the date 

13 of enactment of this Act, the Administrator shall submit 

14 to the Committee on Transportation and Infrastructure of 

15 the House of Representatives and to the Committee on Com16 merce, Science, and Transportation of the Senate a report 

17 on the results of the study. 

18 SEC. 611. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA19 CILITY CONDITIONS. 

20 (a) ESTABLISHMENT.—The Administrator of the Fed21 eral Aviation Administration shall establish a special task 

22 force to be known as the ‘‘FAA Task Force on Air Traffic 

23 Control Facility Conditions’’ (in this section referred to as 

24 the ‘‘Task Force’’). 

25 (b) MEMBERSHIP.— 
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1 (1) COMPOSITION.—The Task Force shall be com2 posed of 12 members of whom— 

3 (A) 8 members shall be appointed by the 

4 Administrator; and 

5 (B) 4 members shall be appointed by labor 

6 unions representing employees who work at field 

7 facilities of the Administration. 

8 (2) QUALIFICATIONS.—Of the members ap9 pointed by the Administrator under paragraph 

10 (1)(A)— 

11 (A) 4 members shall be specialists on toxic 

12 mold abatement, ‘‘sick building syndrome,’’ and 

13 other hazardous building conditions that can 

14 lead to employee health concerns and shall be ap15 pointed by the Administrator in consultation 

16 with the Director of the National Institute for 

17 Occupational Safety and Health; and 

18 (B) 2 members shall be specialists on the re19 habilitation of aging buildings. 

20 (3) TERMS.—Members shall be appointed for the 

21 life of the Task Force. 

22 (4) VACANCIES.—A vacancy in the Task Force 

23 shall be filled in the manner in which the original 

24 appointment was made. 
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1 (5) TRAVEL EXPENSES.—Members shall serve 

2 without pay but shall receive travel expenses, includ3 ing per diem in lieu of subsistence, in accordance 

4 with subchapter I of chapter 57 of title 5, United 

5 States Code. 

6 (c) CHAIRPERSON.—The Administrator shall des7 ignate, from among the individuals appointed under sub8 section (b)(1), an individual to serve as chairperson of the 

9 Task Force. 

10 (d) TASK FORCE PERSONNEL MATTERS.— 

11 (1) STAFF.—The Task Force may appoint and 

12 fix the pay of such personnel as it considers appro13 priate. 

14 (2) STAFF OF FEDERAL AGENCIES.—Upon re15 quest of the Chairperson of the Task Force, the head 

16 of any department or agency of the United States 

17 may detail, on a reimbursable basis, any of the per18 sonnel of that department or agency to the Task Force 

19 to assist it in carrying out its duties under this sec20 tion. 

21 (3) OTHER STAFF AND SUPPORT.—Upon request 

22 of the Task Force or a panel of the Task Force, the 

23 Administrator shall provide the Task Force or panel 

24 with professional and administrative staff and other 

25 support, on a reimbursable basis, to the Task Force 
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1 to assist it in carrying out its duties under this sec2 tion. 

3 (e) OBTAINING OFFICIAL DATA.—The Task Force may 

4 secure directly from any department or agency of the 

5 United States information (other than information required 

6 by any statute of the United States to be kept confidential 

7 by such department or agency) necessary for the Task Force 

8 to carry out its duties under this section. Upon request of 

9 the chairperson of the Task Force, the head of that depart10 ment or agency shall furnish such information to the Task 

11 Force. 

12 (f) DUTIES.— 

13 (1) STUDY.—The Task Force shall undertake a 

14 study of— 

15 (A) the conditions of all air traffic control 

16 facilities across the Nation, including towers, 

17 centers, and terminal radar air control; 

18 (B) reports from employees of the Adminis19 tration relating to respiratory ailments and 

20 other health conditions resulting from exposure 

21 to mold, asbestos, poor air quality, radiation 

22 and facility-related hazards in facilities of the 

23 Administration; 
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1 (C) conditions of such facilities that could 

2 interfere with such employees’ ability to effec3 tively and safely perform their duties; 

4 (D) the ability of managers and supervisors 

5 of such employees to promptly document and 

6 seek remediation for unsafe facility conditions; 

7 (E) whether employees of the Administra8 tion who report facility-related illnesses are 

9 treated fairly; 

10 (F) utilization of scientifically approved re11 mediation techniques in a timely fashion once 

12 hazardous conditions are identified in a facility 

13 of the Administration; and 

14 (G) resources allocated to facility mainte15 nance and renovation by the Administration. 

16 (2) FACILITY CONDITION INDICIES (FCI).—The 

17 Task Force shall review the facility condition indicies 

18 of the Administration (in this section referred to as 

19 the ‘‘FCI’’) for inclusion in the recommendations 

20 under subsection (g). 

21 (g) RECOMMENDATIONS.—Based on the results of the 

22 study and review of the FCI under subsection (f), the Task 

23 Force shall make recommendations as it considers necessary 

24 to— 
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1 (1) prioritize those facilities needing the most 

2 immediate attention in order of the greatest risk to 

3 employee health and safety; 

4 (2) ensure that the Administration is using sci5 entifically approved remediation techniques in all fa6 cilities; and 

7 (3) assist the Administration in making pro8 grammatic changes so that aging air traffic control 

9 facilities do not deteriorate to unsafe levels. 

10 (h) REPORT.—Not later than 6 months after the date 

11 on which initial appointments of members to the Task 

12 Force are completed, the Task Force shall submit to the Ad13 ministrator, the Committee on Transportation and Infra14 structure of the House of Representatives, and the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate a report on the activities of the Task Force, includ17 ing the recommendations of the Task Force under subsection 

18 (g). 

19 (i) IMPLEMENTATION.—Within 30 days of the receipt 

20 of the Task Force report under subsection (h), the Adminis21 trator shall submit to the Committee on Transportation and 

22 Infrastructure of the House of Representatives and the Com23 mittee on Commerce, Science, and Transportation of the 

24 Senate a report that includes a plan and timeline to imple25 ment the recommendations of the Task Force and to align 
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1 future budgets and priorities of the Administration accord2 ingly. 

3 (j) TERMINATION.—The Task Force shall terminate on 

4 the last day of the 30-day period beginning on the date on 

5 which the report under subsection (h) was submitted. 

6 (k) APPLICABILITY OF THE FEDERAL ADVISORY COM7 MITTEE ACT.—The Federal Advisory Committee Act (5 

8 U.S.C. App.) shall not apply to the Task Force. 

9 (l) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated to the Secretary of Transpor11 tation $250,000 to carry out this section. 

12 TITLE VII—AVIATION 

13 INSURANCE 

14 SEC. 701. GENERAL AUTHORITY. 

15 (a) EXTENSION OF POLICIES.—Section 44302(f)(1) is 

16 amended— 

17 (1) by striking ‘‘September 30, 2009’’ and insert18 ing ‘‘September 30, 2012’’; and 

19 (2) by striking ‘‘December 31, 2009’’ and insert20 ing ‘‘December 31, 2019’’. 

21 (b) SUCCESSOR PROGRAM.—Section 44302(f) is 

22 amended by adding at the end the following: 

23 ‘‘(3) SUCCESSOR PROGRAM.— 

24 ‘‘(A) IN GENERAL.—After December 31, 

25 2019, coverage for the risks specified in a policy 
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1 that has been extended under paragraph (1) shall 

2 be provided in an airline industry sponsored 

3 risk retention or other risk-sharing arrangement 

4 approved by the Secretary. 

5 ‘‘(B) TRANSFER OF PREMIUMS.— 

6 ‘‘(i) IN GENERAL.—On December 31, 

7 2019, and except as provided in clause (ii), 

8 premiums that are collected by the Sec9 retary from the airline industry after Sep10 tember 22, 2001, for any policy under this 

11 subsection, and interest earned thereon, as 

12 determined by the Secretary, shall be trans13 ferred to an airline industry sponsored risk 

14 retention or other risk-sharing arrangement 

15 approved by the Secretary. 

16 ‘‘(ii) DETERMINATION OF AMOUNT

17 TRANSFERRED.—The amount transferred 

18 pursuant to clause (i) shall be less— 

19 ‘‘(I) the amount of any claims 

20 paid out on such policies from Sep21 tember 22, 2001, through December 31, 

22 2019; 

23 ‘‘(II) the amount of any claims 

24 pending under such policies as of De25 cember 31, 2019; and 
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1 ‘‘(III) the cost, as determined by 

2 the Secretary, of administering the 

3 provision of insurance policies under 

4 this chapter from September 22, 2001, 

5 through December 31, 2019.’’. 

6 SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD 

7 PARTY LIABILITY OF AIR CARRIERS ARISING 

8 OUT OF ACTS OF TERRORISM. 

9 Section 44303(b) is amended by striking ‘‘December 

10 31, 2009’’ and inserting ‘‘December 31, 2012’’. 

11 SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. 

12 Section 44304 is amended in the second sentence by 

13 striking ‘‘the carrier’’ and inserting ‘‘any insurance car14 rier’’. 

15 SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 

16 Section 44308(c)(1) is amended in the second sentence 

17 by striking ‘‘agent’’ and inserting ‘‘agent, or a claims ad18 juster who is independent of the underwriting agent,’’. 

19 SEC. 705. EXTENSION OF PROGRAM AUTHORITY. 

20 Section 44310 is amended by striking ‘‘December 31, 

21 2013’’ and inserting ‘‘December 31, 2019’’. 

22 TITLE VIII—MISCELLANEOUS 

23 SEC. 801. AIR CARRIER CITIZENSHIP. 

24 Section 40102(a)(15) is amended by adding at the end 

25 the following: 
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1 ‘‘For purposes of subparagraph (C), an air carrier 

2 shall not be deemed to be under the actual control of 

3 citizens of the United States unless citizens of the 

4 United States control all matters pertaining to the 

5 business and structure of the air carrier, including 

6 operational matters such as marketing, branding, fleet 

7 composition, route selection, pricing, and labor rela8 tions.’’. 

9 SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 

10 INTEREST OF NATIONAL SECURITY. 

11 Section 40119(b) is amended by adding at the end the 

12 following: 

13 ‘‘(3) LIMITATION ON APPLICABILITY OF FREEDOM

14 OF INFORMATION ACT.—Section 552a of title 5, 

15 United States Code, shall not apply to disclosures 

16 that the Administrator of the Federal Aviation Ad17 ministration may make from the systems of records of 

18 the Administration to any Federal law enforcement, 

19 intelligence, protective service, immigration, or na20 tional security official in order to assist the official 

21 receiving the information in the performance of offi22 cial duties.’’. 
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1 SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS 

2 AND DATABASE SYSTEMS. 

3 (a) IN GENERAL.—Chapter 401 is amended by adding 

4 at the end the following: 

5 ‘‘§ 40130. FAA access to criminal history records or 

6 databases systems 

7 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS8 TEMS.— 

9 ‘‘(1) ACCESS TO INFORMATION.—Notwith10 standing section 534 of title 28, and regulations 

11 issued to implement such section, the Administrator 

12 of the Federal Aviation Administration may access a 

13 system of documented criminal justice information 

14 maintained by the Department of Justice or by a 

15 State but may do so only for the purpose of carrying 

16 out civil and administrative responsibilities of the 

17 Administration to protect the safety and security of 

18 the national airspace system or to support the mis19 sions of the Department of Justice, the Department of 

20 Homeland Security, and other law enforcement agen21 cies. 

22 ‘‘(2) RELEASE OF INFORMATION.—In accessing a 

23 system referred to in paragraph (1), the Adminis24 trator shall be subject to the same conditions and pro25 cedures established by the Department of Justice or 
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1 the State for other governmental agencies with access 

2 to the system. 

3 ‘‘(3) LIMITATION.—The Administrator may not 

4 use the access authorized under paragraph (1) to con5 duct criminal investigations. 

6 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

7 shall designate, by order, employees of the Administration 

8 who shall carry out the authority described in subsection 

9 (a). The designated employees may— 

10 ‘‘(1) have access to and receive criminal history, 

11 driver, vehicle, and other law enforcement informa12 tion contained in the law enforcement databases of the 

13 Department of Justice, or any jurisdiction of a State, 

14 in the same manner as a police officer employed by 

15 a State or local authority of that State who is cer16 tified or commissioned under the laws of that State; 

17 ‘‘(2) use any radio, data link, or warning system 

18 of the Federal Government, and of any jurisdiction in 

19 a State, that provides information about wanted per20 sons, be-on-the-lookout notices, warrant status, or 

21 other officer safety information to which a police offi22 cer employed by a State or local authority in that 

23 State who is certified or commission under the laws 

24 of that State has access and in the same manner as 

25 such police officer; or 
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1 ‘‘(3) receive Federal, State, or local government 

2 communications with a police officer employed by a 

3 State or local authority in that State in the same 

4 manner as a police officer employed by a State or 

5 local authority in that State who is commissioned 

6 under the laws of that State. 

7 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN8 FORMATION DEFINED.—In this section, the term ‘system of 

9 documented criminal justice information’ means any law 

10 enforcement database, system, or communication con11 taining information concerning identification, criminal 

12 history, arrests, convictions, arrest warrants, wanted or 

13 missing persons, including the National Crime Information 

14 Center and its incorporated criminal history databases and 

15 the National Law Enforcement Telecommunications Sys16 tem.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chapter 

18 401 is amended by adding at the end the following: 

‘‘40130. FAA access to criminal history records or databases systems.’’. 

19 SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

20 (a) IN GENERAL.—Section 47129 is amended— 

21 (1) in the section heading by striking ‘‘air car22 rier’’ and inserting ‘‘carrier’’; 

23 (2) in subsection (a) by striking ‘‘(as defined in 

24 section 40102 of this title)’’ and inserting ‘‘(as such 

25 terms are defined in section 40102)’’; 
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1 (3) in the heading for subsection (d) by striking 

2 ‘‘AIR CARRIER’’ and inserting ‘‘AIR CARRIER AND

3 FOREIGN AIR CARRIER’’; 

4 (4) in the heading for paragraph (2) of sub5 section (d) by striking ‘‘AIR CARRIER’’ and inserting 

6 ‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 

7 (5) by striking ‘‘air carriers’’ each place it ap8 pears and inserting ‘‘air carriers or foreign air car9 riers’’; 

10 (6) by striking ‘‘air carrier’’ each place it ap11 pears and inserting ‘‘air carrier or foreign air car12 rier’’; and 

13 (7) by striking ‘‘air carrier’s’’ each place it ap14 pears and inserting ‘‘air carrier’s or foreign air car15 rier’s’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chapter 

17 471 is amended by striking the item relating to section 

18 47129 and inserting the following: 

‘‘47129. Resolution of airport-carrier disputes concerning airport fees.’’. 

19 SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIR20 PORT SYSTEMS. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of enactment of this Act, the Secretary of Transpor23 tation shall initiate a study to evaluate the formulation of 

24 the National Plan of Integrated Airport Systems (in this 
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1 section referred to as the ‘‘plan’’) under section 47103 of 

2 title 49, United States Code. 

3 (b) CONTENTS OF STUDY.—The study shall include a 

4 review of the following: 

5 (1) The criteria used for including airports in 

6 the plan and the application of such criteria in the 

7 most recently published version of the plan. 

8 (2) The changes in airport capital needs between 

9 fiscal years 2003 and 2008, as reported in the plan, 

10 as compared with the amounts apportioned or other11 wise made available to individual airports over the 

12 same period of time. 

13 (3) A comparison of the amounts received by air14 ports under the airport improvement program in air15 port apportionments, State apportionments, and dis16 cretionary grants during such fiscal years with cap17 ital needs as reported in the plan. 

18 (4) The effect of transfers of airport apportion19 ments under title 49, United States Code. 

20 (5) Any other matters pertaining to the plan 

21 that the Secretary determines appropriate. 

22 (c) REPORT TO CONGRESS.— 

23 (1) SUBMISSION.—Not later than 36 months 

24 after the date of initiation of the study, the Secretary 

25 shall submit to the Committee on Transportation and 
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1 Infrastructure of the House of Representatives and the 

2 Committee on Commerce, Science, and Transpor3 tation of the Senate a report on the results of the 

4 study. 

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

6 (A) the findings of the Secretary on each of 

7 the subjects listed in subsection (b); 

8 (B) recommendations for any changes to 

9 policies and procedures for formulating the plan; 

10 and 

11 (C) recommendations for any changes to the 

12 methods of determining the amounts to be appor13 tioned or otherwise made available to individual 

14 airports. 

15 SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION. 

16 (a) IN GENERAL.—Section 201 of the Railway Labor 

17 Act (45 U.S.C. 181) is amended— 

18 (1) by striking ‘‘All’’ and inserting ‘‘(a) IN GEN19 ERAL.—All’’; 

20 (2) by inserting ‘‘and every express carrier’’ 

21 after ‘‘common carrier by air’’; and 

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

23 ‘‘(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 

24 ‘‘(1) IN GENERAL.—An employee of an express 

25 carrier shall be covered by this Act only if that em-
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1 ployee is in a position that is eligible for certification 

2 under part 61, 63, or 65 of title 14, Code of Federal 

3 Regulations, and only if that employee performs du4 ties for the express carrier that are eligible for such 

5 certification. All other employees of an express carrier 

6 shall be covered by the provisions of the National 

7 Labor Relations Act (29 U.S.C. 151 et seq.). 

8 ‘‘(2) AIR CARRIER STATUS.—Any person that is 

9 an express carrier shall be governed by paragraph (1) 

10 notwithstanding any finding that the person is also 

11 a common carrier by air. 

12 ‘‘(3) EXPRESS CARRIER DEFINED.—In this sec13 tion, the term ‘express carrier’ means any person (or 

14 persons affiliated through common control or owner15 ship) whose primary business is the express shipment 

16 of freight or packages through an integrated network 

17 of air and surface transportation.’’. 

18 (b) CONFORMING AMENDMENT.—Section 1 of such Act 

19 (45 U.S.C. 151) is amended in the first paragraph by strik20 ing ‘‘, any express company that would have been subject 

21 to subtitle IV of title 49, United States Code, as of December 

22 31, 1995,’’. 
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1 SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FA2 CILITIES. 

3 (a) ESTABLISHMENT OF WORKING GROUP.—Not later 

4 than 9 months after the date of enactment of this Act, the 

5 Secretary of Transportation shall establish within the Fed6 eral Aviation Administration (in this section referred to as 

7 the ‘‘FAA’’) a working group to develop criteria and make 

8 recommendations for the realignment of services and facili9 ties (including regional offices) of the FAA to assist in the 

10 transition to next generation facilities and to help reduce 

11 capital, operating, maintenance, and administrative costs 

12 in instances in which cost reductions can be implemented 

13 without adversely affecting safety. 

14 (b) MEMBERSHIP.—The working group shall be com15 posed of— 

16 (1) the Administrator of the FAA; 

17 (2) 2 representatives of air carriers; 

18 (3) 2 representatives of the general aviation com19 munity; 

20 (4) 2 representatives of labor unions representing 

21 employees who work at regional or field facilities of 

22 the FAA; and 

23 (5) 2 representatives of the airport community. 

24 (c) REPORT TO CONGRESS CONTAINING RECOMMENDA25 TIONS OF THE WORKING GROUP.— 
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1 (1) SUBMISSION.—Not later than 6 months after 

2 convening the working group, the Administrator shall 

3 submit to the Committee on Transportation and In4 frastructure of the House of Representatives and the 

5 Committee on Commerce, Science, and Transpor6 tation of the Senate a report containing the criteria 

7 and recommendations developed by the working group 

8 under this section. 

9 (2) CONTENTS.—The report shall include a jus10 tification for each recommendation to consolidate or 

11 realign a service or facility (including a regional of12 fice) and a description of the costs and savings associ13 ated with the consolidation or realignment. 

14 (d) PUBLIC NOTICE AND COMMENT.—The Adminis15 trator shall publish the report submitted under subsection 

16 (c) in the Federal Register and allow 45 days for the sub17 mission of public comments. In addition, the Administrator 

18 upon request shall hold a public hearing in a community 

19 that would be affected by a recommendation in the report. 

20 (e) OBJECTIONS.—Any interested person may file with 

21 the Administrator a written objection to a recommendation 

22 of the working group. 

23 (f) REPORT TO CONGRESS CONTAINING RECOMMENDA24 TIONS OF THE ADMINISTRATOR.—Not later than 60 days 

25 after the last day of the period for public comment under 
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1 subsection (d), the Administrator shall submit to the com2 mittees referred to in subsection (c)(1) a report containing 

3 the recommendations of the Administrator on realignment 

4 of services and facilities (including regional offices) of the 

5 FAA and copies of any public comments and objections re6 ceived by the Administrator under this section. 

7 (g) LIMITATION ON IMPLEMENTATION OF REALIGN8 MENTS AND CONSOLIDATIONS.—The Administrator may 

9 not realign or consolidate any services or facilities (includ10 ing regional offices) of the FAA before the Administrator 

11 has submitted the report under subsection (f). 

12 (h) DEFINITIONS.—In this section, the following defi13 nitions apply: 

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

15 Aviation Administration. 

16 (2) REALIGNMENT; CONSOLIDATION.— 

17 (A) IN GENERAL.—The terms ‘‘realignment’’ 

18 and ‘‘consolidation’’ include any action that— 

19 (i) relocates functions, services, or per20 sonnel positions; 

21 (ii) severs existing facility functions or 

22 services; or 

23 (iii) any combination thereof. 
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1 (B) EXCLUSION.—The term does not in2 clude a reduction in personnel resulting from 

3 workload adjustments. 

4 SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT IN5 SURANCE FOR NATIONAL TRANSPORTATION 

6 SAFETY BOARD EMPLOYEES. 

7 Section 1113 is amended by adding at the end the fol8 lowing: 

9 ‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT IN10 SURANCE.— 

11 ‘‘(1) AUTHORITY TO PROVIDE INSURANCE.—The 

12 Board may procure accidental death and dismember13 ment insurance for an employee of the Board who 

14 travels for an accident investigation or other activity 

15 of the Board outside the United States or inside the 

16 United States under hazardous circumstances, as de17 fined by the Board. 

18 ‘‘(2) CREDITING OF INSURANCE BENEFITS TO

19 OFFSET UNITED STATES TORT LIABILITY.—Any 

20 amounts paid to a person under insurance coverage 

21 procured under this subsection shall be credited as off22 setting any liability of the United States to pay dam23 ages to that person under section 1346(b) of title 28, 

24 chapter 171 of title 28, chapter 163 of title 10, or any 

25 other provision of law authorizing recovery based 
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1 upon tort liability of the United States in connection 

2 with the injury or death resulting in the insurance 

3 payment. 

4 ‘‘(3) TREATMENT OF INSURANCE BENEFITS.— 

5 Any amounts paid under insurance coverage procured 

6 under this subsection shall not— 

7 ‘‘(A) be considered additional pay or allow8 ances for purposes of section 5536 of title 5; or 

9 ‘‘(B) offset any benefits an employee may 

10 have as a result of government service, including 

11 compensation under chapter 81 of title 5. 

12 ‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— 

13 Nothing in this subsection shall be construed as affect14 ing the entitlement of an employee to insurance under 

15 section 8704(b) of title 5.’’. 

16 SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUS17 TRY IN INTERNATIONAL CHILD ABDUCTION 

18 CASES. 

19 (a) STUDY.—The Comptroller General shall conduct a 

20 study to help determine how the Federal Aviation Adminis21 tration (in this section referred to as the ‘‘FAA’’) could bet22 ter ensure the collaboration and cooperation of air carriers 

23 and foreign air carriers providing air transportation and 

24 relevant Federal agencies to develop and enforce child safety 

25 control for adults traveling internationally with children. 
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1 (b) CONTENTS.—In conducting the study, the Comp2 troller General shall examine— 

3 (1) the nature and scope of exit policies and pro4 cedures of the FAA, air carriers, and foreign air car5 riers and how the enforcement of such policies and 

6 procedures is monitored, including ticketing and 

7 boarding procedures; 

8 (2) the extent to which air carriers and foreign 

9 air carriers cooperate in the investigations of inter10 national child abduction cases, including cooperation 

11 with the National Center for Missing and Exploited 

12 Children and relevant Federal, State, and local agen13 cies; 

14 (3) any effective practices, procedures, or lessons 

15 learned from the assessment of current practices and 

16 procedures of air carriers, foreign air carriers, and 

17 operators of other transportation modes that could 

18 improve the ability of the aviation community to en19 sure the safety of children traveling internationally 

20 with adults and, as appropriate, enhance the capa21 bility of air carriers and foreign air carriers to co22 operate in the investigations of international child 

23 abduction cases; and 

24 (4) any liability issues associated with providing 

25 assistance in such investigations. 
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1 (c) REPORT.—Not later than 1 after the date of the 

2 enactment of this Act, the Comptroller General shall submit 

3 to Congress a report on the results of the study. 

4 SEC. 810. LOST NATION AIRPORT, OHIO. 

5 (a) APPROVAL OF SALE.—The Secretary of Transpor6 tation may approve the sale of Lost Nation Airport from 

7 the city of Willoughby, Ohio, to Lake County, Ohio, if— 

8 (1) Lake County meets all applicable require9 ments for sponsorship of the airport; and 

10 (2) Lake County agrees to assume the obligations 

11 and assurances of the grant agreements relating to the 

12 airport executed by the city of Willoughby under 

13 chapter 471 of title 49, United States Code, and to 

14 operate and maintain the airport in accordance with 

15 such obligations and assurances. 

16 (b) GRANTS.— 

17 (1) IN GENERAL.—The Secretary may make a 

18 grant, from funds made available under section 48103 

19 of title 49, United States Code, to Lake County to as20 sist in Lake County’s purchase of the Lost Nation 

21 Airport under subsection (a). 

22 (2) FEDERAL SHARE.—The Federal share of the 

23 grant under this subsection shall be for 90 percent of 

24 the cost of Lake County’s purchase of the Lost Nation 
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1 Airport, but in no event may the Federal share of the 

2 grant exceed $1,220,000. 

3 (3) APPROVAL.—The Secretary may make a 

4 grant under this subsection only if the Secretary re5 ceives such written assurances as the Secretary may 

6 require under section 47107 of title 49, United States 

7 Code, with respect to the grant and Lost Nation Air8 port. 

9 (c) TREATMENT OF PROCEEDS FROM SALE.—The Sec10 retary may grant to the city of Willoughby an exemption 

11 from the provisions of sections 47107 and 47133 of such 

12 title, any grant obligations of the city of Willoughby, and 

13 regulations and policies of the Federal Aviation Adminis14 tration to the extent necessary to allow the city of 

15 Willoughby to use the proceeds from the sale approved under 

16 subsection (a) for any purpose authorized by the city of 

17 Willoughby. 

18 SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) Pollock Municipal Airport located in Pollock, 

21 Louisiana (in this section referred to as the ‘‘air22 port’’), has never been included in the National Plan 

23 of Integrated Airport Systems pursuant to section 

24 47103 of title 49, United States Code, and is therefore 
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1 not considered necessary to meet the current or future 

2 needs of the national aviation system; and 

3 (2) closing the airport will not adversely affect 

4 aviation safety, aviation capacity, or air commerce. 

5 (b) REQUEST FOR CLOSURE.— 

6 (1) APPROVAL.—Notwithstanding any other pro7 vision of law, requirement, or agreement and subject 

8 to the requirements of this section, the Administrator 

9 of the Federal Aviation Administration shall— 

10 (A) approve a request from the town of Pol11 lock, Louisiana, to close the airport as a public 

12 airport; and 

13 (B) release the town from any term, condi14 tion, reservation, or restriction contained in a 

15 surplus property conveyance or transfer docu16 ment, and from any order or finding by the De17 partment of Transportation on the use and re18 payment of airport revenue applicable to the air19 port, that would otherwise prevent the closure of 

20 the airport and redevelopment of the facilities to 

21 nonaeronautical uses. 

22 (2) CONTINUED AIRPORT OPERATION PRIOR TO

23 APPROVAL.—The town of Pollock shall continue to op24 erate and maintain the airport until the Adminis-
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1 trator grants the town’s request for closure of the air2 port. 

3 (3) USE OF PROCEEDS FROM SALE OF AIR4 PORT.—Upon the approval of the request to close the 

5 airport, the town of Pollock shall obtain fair market 

6 value for the sale of the airport property and shall 

7 immediately upon receipt transfer all such proceeds 

8 from the sale of the airport property to the sponsor 

9 of a public airport designated by the Administrator 

10 to be used for the development or improvement of such 

11 airport. 

12 (4) RELOCATION OF AIRCRAFT.—Before closure 

13 of the airport, the town of Pollock shall provide ade14 quate time for any airport-based aircraft to relocate. 

15 SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY 

16 PROGRAM. 

17 (a) IN GENERAL.—Not later than 6 months after the 

18 date of enactment of this Act, the Administrator of the Fed19 eral Aviation Administration shall develop a human inter20 vention and motivation study program for pilots and flight 

21 attendants involved in air carrier operations in the United 

22 States under part 121 of title 14, Code of Federal Regula23 tions. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

25 authorized to be appropriated to carry out this section such 
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1 sums as may be necessary for each of fiscal years 2010 

2 through 2012. Such sums shall remain available until ex3 pended. 

4 SEC. 813. WASHINGTON, DC, AIR DEFENSE IDENTIFICATION 

5 ZONE. 

6 (a) SUBMISSION OF PLAN TO CONGRESS.—Not later 

7 than 90 days after the date of enactment of this Act, the 

8 Administrator of the Federal Aviation Administration, in 

9 consultation with Secretary of Homeland Security and Sec10 retary of Defense, shall submit to the Committee on Trans11 portation and Infrastructure and Committee on Homeland 

12 Security of the House of Representatives and the Committee 

13 on Commerce, Science, and Transportation of the Senate 

14 a plan for the Washington, DC, Air Defense Identification 

15 Zone. 

16 (b) CONTENTS OF PLAN.—The plan shall outline spe17 cific changes to the Washington, DC, Air Defense Identifica18 tion Zone that will decrease operational impacts and im19 prove general aviation access to airports in the National 

20 Capital Region that are currently impacted by the zone. 

21 SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, including the Federal Airport Act (as in effect 

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

25 monetary consideration, all restrictions, conditions, and 
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1 limitations on the use, encumbrance, or conveyance of cer2 tain land located in the municipality of Anchorage, Alaska, 

3 more particularly described as Tracts 22 and 24 of the 

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

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

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

7 Department of Interior. 

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

9 law, the municipality of Anchorage shall be released from 

10 the repayment of any outstanding grant obligations owed 

11 by the municipality to the Federal Aviation Administration 

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

13 is subsequently conveyed to or used by the Department of 

14 Transportation and Public Facilities of the State of Alaska 

15 for the construction or reconstruction of a federally sub16 sidized highway project. 

17 SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. 

18 HOBBY AIRPORT, HOUSTON, TEXAS. 

19 It is the sense of Congress that the Nation— 

20 (1) supports the goals and ideals of the 1940 Air 

21 Terminal Museum located at William P. Hobby Air22 port in the city of Houston, Texas; 

23 (2) congratulates the city of Houston and the 

24 1940 Air Terminal Museum on the 80-year history of 

25 William P. Hobby Airport and the vital role of the 
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1 airport in Houston’s and the Nation’s transportation 

2 infrastructure; and 

3 (3) recognizes the 1940 Air Terminal Museum 

4 for its importance to the Nation in the preservation 

5 and presentation of civil aviation heritage and recog6 nizes the importance of civil aviation to the Nation’s 

7 history and economy. 

8 SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS 

9 APPLICABLE TO FLIGHT CREWMEMBERS. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Administrator of the Federal Aviation Ad12 ministration shall initiate a rulemaking proceeding for the 

13 following purposes: 

14 (1) To require a flight crewmember who is em15 ployed by an air carrier conducting operations under 

16 part 121 of title 14, Code of Federal Regulations, and 

17 who accepts an additional assignment for flying 

18 under part 91 of such title from the air carrier or 

19 from any other air carrier conducting operations 

20 under part 121 or 135 of such title, to apply the pe21 riod of the additional assignment (regardless of 

22 whether the assignment is performed by the flight 

23 crewmember before or after an assignment to fly 

24 under part 121 of such title) toward any limitation 
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1 applicable to the flight crewmember relating to duty 

2 periods or flight times under part 121 of such title. 

3 (2) To require a flight crewmember who is em4 ployed by an air carrier conducting operations under 

5 part 135 of title 14, Code of Federal Regulations, and 

6 who accepts an additional assignment for flying 

7 under part 91 of such title from the air carrier or 

8 any other air carrier conducting operations under 

9 part 121 or 135 of such title, to apply the period of 

10 the additional assignment (regardless of whether the 

11 assignment is performed by the flight crewmember be12 fore or after an assignment to fly under part 135 of 

13 such title) toward any limitation applicable to the 

14 flight crewmember relating to duty periods or flight 

15 times under part 135 of such title. 

16 SEC. 817. PILOT PROGRAM FOR REDEVELOPMENT OF AIR17 PORT PROPERTIES. 

18 (a) IN GENERAL.—Not later than 1 after the date of 

19 enactment of this Act, the Administrator of the Federal 

20 Aviation Administration shall establish a pilot program at 

21 up to 4 public-use airports (as defined in section 47102 of 

22 title 49, United States Code) that have a noise compat23 ibility program approved by the Administrator under sec24 tion 47504 of such title. 
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1 (b) GRANTS.—Under the pilot program, the Adminis2 trator may make a grant in a fiscal year, from funds made 

3 available under section 47117(e)(1)(A) of such title, to the 

4 operator of an airport participating in the pilot program— 

5 (1) to support joint planning (including plan6 ning described in section 47504(a)(2)(F) of such 

7 title), engineering design, and environmental permit8 ting for the assembly and redevelopment of real prop9 erty purchased with noise mitigation funds made 

10 available under section 48103 or passenger facility 

11 revenues collected for the airport under section 40117 

12 of such title; and 

13 (2) to encourage compatible land uses with the 

14 airport and generate economic benefits to the airport 

15 operator and an affected local jurisdiction. 

16 (c) GRANT REQUIREMENTS.—The Administrator may 

17 not make a grant under this section unless the grant is 

18 made— 

19 (1) to enable the airport operator and an affected 

20 local jurisdiction to expedite their noise mitigation 

21 redevelopment efforts with respect to real property de22 scribed in subsection (b)(1); 

23 (2) subject to a requirement that the affected 

24 local jurisdiction has adopted zoning regulations that 
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1 permit compatible redevelopment of real property de2 scribed in subsection (b)(1); and 

3 (3) subject to a requirement that funds made 

4 available under section 47117(e)(1)(A) with respect to 

5 real property assembled and redeveloped under sub6 section (b)(1) plus the amount of any grants made for 

7 acquisition of such property under section 47504 of 

8 such title are repaid to the Administrator upon the 

9 sale of such property. 

10 (d) COOPERATION WITH LOCAL AFFECTED JURISDIC11 TION.—An airport operator may use funds granted under 

12 this section for a purpose described in subsection (b) only 

13 in cooperation with an affected local jurisdiction. 

14 (e) UNITED STATES GOVERNMENT SHARE.— 

15 (1) IN GENERAL.—The United States Govern16 ment share of the allowable costs of a project carried 

17 out under the pilot program shall be 80 percent. 

18 (2) DETERMINATION.—In determining the allow19 able project costs of a project carried out under the 

20 pilot program for purposes of this subsection, the Ad21 ministrator shall deduct from the total costs of the 

22 project that portion of the total costs of the project 

23 that are incurred with respect to real property that 

24 is not owned or to be acquired by the airport operator 

25 pursuant to the noise compatibility program for the 
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1 airport or that is not owned by an affected local ju2 risdiction or other public entity. 

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 this pilot program at any single public7 use airport. 

8 (f) SPECIAL RULES FOR REPAID FUNDS.—The 

9 amounts repaid to the Administrator with respect to an air10 port under subsection (c)(3)— 

11 (1) shall be available to the Administrator for 

12 the following actions giving preference to such actions 

13 in descending order: 

14 (A) reinvestment in an approved noise com15 patibility project at the airport; 

16 (B) reinvestment in another project at the 

17 airport that is available for funding under sec18 tion 47117(e) of title 49, United States Code; 

19 (C) reinvestment in an approved airport 

20 development project at the airport that is eligible 

21 for funding under section 47114, 47115, or 

22 47117 of such title; 

23 (D) reinvestment in approved noise compat24 ibility project at any other public airport; and 
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1 (E) deposit in the Airport and Airway 

2 Trust Fund established under section 9502 of the 

3 Internal Revenue Code of 1986 (26 U.S.C. 9502); 

4 (2) shall be in addition to amounts authorized 

5 under section 48103 of title 49, United States Code; 

6 and 

7 (3) shall remain available until expended. 

8 (g) USE OF PASSENGER FACILITY REVENUE.—An op9 erator of an airport participating in the pilot program may 

10 use passenger facility revenue collected for the airport under 

11 section 40117 of title 49, United States Code, to pay the 

12 portion of the total cost of a project carried out by the oper13 ator under the pilot program that are not allowable under 

14 subsection (e)(2). 

15 (h) SUNSET.—The Administrator may not make a 

16 grant under the pilot program after September 30, 2012. 

17 (i) REPORT TO CONGRESS.—Not later than the last 

18 day of the 30th month following the date on which the first 

19 grant is made under this section, the Administrator shall 

20 report to Congress on the effectiveness of the pilot program 

21 on returning real property purchased with noise mitigation 

22 funds made available under section 47117(e)(1)(A) or 

23 47505 or passenger facility revenues to productive use. 

24 (j) NOISE COMPATIBILITY MEASURES.—Section 

25 47504(a)(2) is amended— 
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (D); 

3 (2) by striking the period at the end of subpara4 graph (E) and inserting ‘‘; and’’; and 

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

6 ‘‘(F) joint comprehensive land use planning, 

7 including master plans, traffic studies, environ8 mental evaluation and economic and feasibility 

9 studies, with neighboring local jurisdictions un10 dertaking community redevelopment in the area 

11 where any land or other property interest ac12 quired by the airport operator under this sub13 section is located, to encourage and enhance rede14 velopment opportunities that reflect zoning and 

15 uses that will prevent the introduction of addi16 tional incompatible uses and enhance redevelop17 ment potential.’’. 

18 SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND 

19 AND STATEN ISLAND, NEW YORK. 

20 (a) STUDY.—The Administrator of the Federal Avia21 tion Administration shall conduct a study on helicopter op22 erations over Long Island and Staten Island, New York. 

23 (b) CONTENTS.—In conducting the study, the Admin24 istrator shall examine, at a minimum, the following: 
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1 (1) The effect of helicopter operations on residen2 tial areas, including— 

3 (A) safety issues relating to helicopter oper4 ations; 

5 (B) noise levels relating to helicopter oper6 ations and ways to abate the noise levels; and 

7 (C) any other issue relating to helicopter 

8 operations on residential areas. 

9 (2) The feasibility of diverting helicopters from 

10 residential areas. 

11 (3) The feasibility of creating specific air lanes 

12 for helicopter operations. 

13 (4) The feasibility of establishing altitude limits 

14 for helicopter operations. 

15 (c) EXCEPTIONS.—Any determination under this sec16 tion on the feasibility of establishing limitations or restric17 tions for helicopter operations over Long Island and Staten 

18 Island, New York, shall not apply to helicopters performing 

19 operations for news organizations, the military, law en20 forcement, or providers of emergency services. 

21 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

22 Nothing in this section shall be construed to interfere with 

23 the Federal Aviation Administration’s authority to ensure 

24 the safe and efficient use of the national airspace system. 
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1 (e) REPORT.—Not later than 6 months after the date 

2 of the enactment of this Act, the Administrator shall submit 

3 to Congress a report on the results of the study, including 

4 information and recommendations concerning the issues ex5 amined under subsection (b). 

6 SEC. 819. CABIN TEMPERATURE AND HUMIDITY STAND7 ARDS STUDY. 

8 (a) STUDY.—Not later than 6 months after the date 

9 of enactment of this Act, the Administrator of the Federal 

10 Aviation Administration shall conduct a study to determine 

11 whether onboard temperature standards are necessary to 

12 protect cabin and cockpit crew members and passengers on 

13 an aircraft of an air carrier used to provide air transpor14 tation from excessive heat and humidity onboard such air15 craft during standard operations or during an excessive 

16 flight delay. 

17 (b) TEMPERATURE REVIEW.—In conducting the study 

18 under subsection (a), the Administrator shall— 

19 (1) survey onboard cabin and cockpit tempera20 ture and humidity of a representative sampling of 

21 different aircraft types and operations; 

22 (2) address the appropriate placement of tem23 perature monitoring devices onboard the aircraft to 

24 determine the most accurate measurement of onboard 

25 temperature and humidity and develop a system for 
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1 the reporting of excessive temperature and humidity 

2 onboard passenger aircraft by cockpit and cabin crew 

3 members; and 

4 (3) review the impact of implementing such on5 board temperature and humidity standards on the en6 vironment, fuel economy, and avionics and determine 

7 the costs associated with such implementation and the 

8 feasibility of using ground equipment or other mitiga9 tion measures to offset any such costs. 

10 (c) REPORT TO CONGRESS.—Not later than 18 months 

11 after the date of enactment of this Act, the Administrator 

12 shall submit to Congress a report on the findings of the 

13 study. 

14 SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS. 

15 Section 46301 is amended— 

16 (1) in subsection (a)(1)(A) by inserting ‘‘chapter 

17 451,’’ before ‘‘section 47107(b)’’; 

18 (2) in subsection (a)(5)(A)(i)— 

19 (A) by striking ‘‘or chapter 449’’ and in20 serting ‘‘chapter 449’’; and 

21 (B) by inserting after ‘‘44909)’’ the fol22 lowing: ‘‘, or chapter 451’’; and 

23 (3) in subsection (d)(2)— 
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1 (A) by inserting after ‘‘44723)’’ the fol2 lowing: ‘‘, chapter 451 (except section 45107)’’; 

3 and 

4 (B) by inserting after ‘‘44909),’’ the fol5 lowing: ‘‘section 45107 or’’. 

6 SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGES7 TION. 

8 Not later than 18 months after the date of enactment 

9 of this Act, the Comptroller General shall conduct a study 

10 and submit a report to Congress regarding effective strate11 gies to alleviate congestion in the national airspace at air12 ports during peak travel times, by evaluating the effective13 ness of reducing flight schedules and staggering flights, de14 veloping incentives for airlines to reduce the number of 

15 flights offered, and instituting slots and quotas at airports. 

16 In addition, the Comptroller General shall compare the effi17 ciency of implementing the strategies in the preceding sen18 tence with redesigning airspace and evaluate any legal ob19 stacles to implementing such strategies. 

20 SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT. 

21 Not later than 1 after the date of enactment of this 

22 Act, the Secretary of Transportation shall issue regulations 

23 under chapter 447 of title 49, United States Code, that re24 quire air carriers to provide initial and annual recurring 

25 training for flight attendants and gate attendants regard-
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1 ing serving alcohol, dealing with disruptive passengers, and 

2 recognizing intoxicated persons. The training shall include 

3 situational training on methods of handling an intoxicated 

4 person who is belligerent. 

5 SEC. 823. STUDY ON FEASIBILITY OF DEVELOPMENT OF A 

6 PUBLIC INTERNET WEB-BASED SEARCH EN7 GINE ON WIND TURBINE INSTALLATION OB8 STRUCTION. 

9 (a) STUDY.—The Administrator of the Federal Avia10 tion Administration shall carry out a study on the feasi11 bility of developing a publicly searchable, Internet Web12 based resource that provides information regarding the ac13 ceptable height and distance that wind turbines may be in14 stalled in relation to aviation sites and the level of obstruc15 tion such turbines may present to such sites. 

16 (b) CONSIDERATIONS.—In conducting the study, the 

17 Administrator shall consult, if appropriate, with the Secre18 taries of the Army, Navy and Air Force, Homeland Secu19 rity, Agriculture, and Energy to coordinate the require20 ments of each agency for future air space needs, determine 

21 what the acceptable risks are to existing infrastructure of 

22 each agency, and define the different levels of risk for such 

23 infrastructure. 

24 (c) IMPACT OF WIND TURBINES ON RADAR SIGNALS.— 

25 In conducting the study, the Administrator shall consider 
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1 the impact of the operation of wind turbines, individually 

2 and in collections, on radar signals and evaluate the feasi3 bility of providing quantifiable measures of numbers of tur4 bines and distance from radars that are acceptable. 

5 (d) REPORT.—Not later than 1 after the date of enact6 ment of this Act, the Secretary shall submit a report on 

7 the results of the study to the Committee on Transportation 

8 and Infrastructure, Committee on Homeland Security, 

9 Committee on Armed Services, Committee on Agriculture, 

10 and Committee on Science and Technology of the House of 

11 Representatives and the Committee on Commerce, Science, 

12 and Transportation, Committee on Homeland Security and 

13 Governmental Affairs, Committee on Agriculture, Nutri14 tion, and Forestry, and Committee on Armed Services of 

15 the Senate. 

16 SEC. 824. FAA RADAR SIGNAL LOCATIONS. 

17 (a) STUDY.—The Administrator of the Federal Avia18 tion Administration shall conduct a study on the locations 

19 of Federal Aviation Administration radar signals (in this 

20 section referred to as ‘‘FAA radars’’) in the United States, 

21 including the impact of such locations on— 

22 (1) the development and installation of renew23 able energy technologies, including wind turbines; and 
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1 (2) the ability of State and local authorities to 

2 identify and plan for the location of such renewable 

3 energy technologies. 

4 (b) CONSULTATION.—In conducting the study, the Ad5 ministrator may consult with the heads of appropriate 

6 agencies as needed. 

7 (c) REPORT.—Not later than 18 months after the date 

8 of enactment of this Act, the Administrator shall transmit 

9 to Congress a report on the results of the study. 

10 (d) ADMINISTRATIVE PROCESS.—The Administrator 

11 shall develop an effective administrative process for reloca12 tion of FAA radars, when appropriate, and testing and de13 ployment of alternate solutions, as necessary. 

14 (e) LIMITATION ON STATUTORY CONSTRUCTION.— 

15 Nothing in this section shall be construed to affect the au16 thority of the Administrator to issue hazard determinations. 

17 SEC. 825. WIND TURBINE LIGHTING. 

18 (a) STUDY.—The Administrator of the Federal Avia19 tion Administration shall conduct a study on wind turbine 

20 lighting systems. 

21 (b) CONTENTS.—In conducting the study, the Admin22 istrator shall examine the following: 

23 (1) The effect of wind turbine lighting on resi24 dential areas. 
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1 (2) The safety issues associated with alternative 

2 lighting strategies, technologies, and regulations. 

3 (3) Potential energy savings associated with al4 ternative lighting strategies, technologies, and regula5 tions. 

6 (4) The feasibility of implementing alternative 

7 lighting strategies or technologies. 

8 (5) Any other issue relating to wind turbine 

9 lighting. 

10 (c) REPORT.—Not later than 180 days after the date 

11 of enactment of this Act, the Administrator shall submit 

12 to Congress a report on the results of the study, including 

13 information and recommendations concerning the issues ex14 amined under subsection (b). 

15 SEC. 826. PROHIBITION ON USE OF CERTAIN FUNDS. 

16 The Secretary may not use any funds authorized in 

17 this Act to name, rename, designate, or redesignate any 

18 project or program under this act for an individual then 

19 serving as a Member, Delegate, Resident Commissioner, or 

20 Senator of the United States Congress. 

21 SEC. 827. LIMITING ACCESS TO FLIGHT DECKS OF ALL22 CARGO AIRCRAFT. 

23 (a) STUDY.—Not later than 180 days after the date 

24 of enactment of this Act, the Administrator of the Federal 

25 Aviation Administration, in consultation with appropriate 
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1 air carriers, aircraft manufacturers, and air carrier labor 

2 representatives, shall conduct a study to identify a physical 

3 means, or a combination of physical and procedural means, 

4 of limiting access to the flight decks of all-cargo aircraft 

5 to authorized flight crew members. 

6 (b) REPORT.—Not later than 1 after the date of enact7 ment of this Act, the Administrator shall submit to Congress 

8 a report on the results of the study. 

9 SEC. 828. WHISTLEBLOWERS AT FAA. 

10 It is the sense of Congress that whistleblowers at the 

11 Federal Aviation Administration be granted the full protec12 tion of the law. 

13 SEC. 829. COLLEGE POINT MARINE TRANSFER STATION, 

14 NEW YORK. 

15 (a) FINDING.—Congress finds that the Federal Avia16 tion Administration, in determining whether the proposed 

17 College Point Marine Transfer Station in New York City, 

18 New York, if constructed, would constitute a hazard to air 

19 navigation, has not followed published policy statements of 

20 the Federal Aviation Administration, including— 

21 (1) Advisory Circular Number 150/5200–33B 2, 

22 entitled ‘‘Hazardous Wildlife Attractants on or Near 

23 Airports’’; 

24 (2) Advisory Circular Number 150/5300–13, en25 titled ‘‘Airport Design’’; and 
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1 (3) the publication entitled ‘‘Policies and Proce2 dures Memorandum—Airports Division’’, Number 

3 5300.1B, dated Feb. 5, 1999. 

4 (b) DESIGNATION OF TRANSFER STATION AS HAZARD

5 TO AIR NAVIGATION.—The Administrator of the Federal 

6 Aviation Administration shall take such actions as may be 

7 necessary to designate the proposed College Point Marine 

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

9 to air navigation. 

10 SEC. 830. PILOT TRAINING AND CERTIFICATION. 

11 (a) INITIATION OF STUDY.—Not later than 3 months 

12 after the date of enactment of this Act, the Comptroller Gen13 eral shall initiate a study on commercial airline pilot 

14 training and certification programs. The study shall in15 clude the data collected under subsection (b). 

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

17 Comptroller General shall collect data on— 

18 (1) commercial pilot training and certification 

19 programs at United States air carriers, including re20 gional and commuter air carriers; 

21 (2) the number of training hours required for pi22 lots operating new aircraft types before assuming 

23 pilot in command duties; 
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1 (3) how United States air carriers update and 

2 train pilots on new technologies in aircraft types in 

3 which they hold certifications; 

4 (4) what remedial actions are taken in cases of 

5 repeated unsatisfactory check-rides by commercial 

6 airline pilots; 

7 (5) what stall warning systems are included in 

8 flight simulator training compared to classroom in9 struction; and 

10 (6) the information required to be provided by 

11 pilots on their job applications and the ability of 

12 United States air carriers to verify the information 

13 provided. 

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

15 a minimum— 

16 (1) a review of Federal Aviation Administration 

17 and international standards regarding commercial 

18 airline pilot training and certification programs; 

19 (2) the results of interviews that the Comptroller 

20 General shall conduct with United States air carriers, 

21 pilot organizations, the National Transportation 

22 Safety Board, the Federal Aviation Administration, 

23 and such other parties as the Comptroller General de24 termines appropriate; and 
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1 (3) such other matters as the Comptroller Gen2 eral determines are appropriate. 

3 (d) REPORT.—Not later than 12 months after the date 

4 of initiation of the study, the Comptroller General shall sub5 mit to the Administrator, the Committee on Transportation 

6 and Infrastructure of the House of Representatives, and the 

7 Committee on Commerce, Science, and Transportation of 

8 the Senate a report on the results of the study, together with 

9 the findings and recommendations of the Comptroller Gen10 eral regarding the study. 

11 SEC. 831. ST. GEORGE, UTAH. 

12 (a) IN GENERAL.—Notwithstanding section 16 of the 

13 Federal Airport Act (as in effect on August 28, 1973) or 

14 sections 47125 and 47153 of title 49, United States Code, 

15 the Secretary of Transportation is authorized, subject to 

16 subsection (b), to grant releases from any of the terms, con17 ditions, reservations, and restrictions contained in the deed 

18 of conveyance dated August 28, 1973, under which the 

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

20 George, Utah, for airport purposes. 

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

22 under the subsection (a) shall be subject to the following 

23 conditions: 

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

25 conveying any interest in the property that the 
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1 United States conveyed to the city by deed dated Au2 gust 28, 1973, the city will receive an amount for 

3 such interest that is equal to the fair market value. 

4 (2) Any such amount so received by the city of 

5 St. George shall be used by the city for the develop6 ment, improvement, operation, or maintenance of a 

7 replacement public airport. 

8 SEC. 832. REPLACEMENT OF TERMINAL RADAR APPROACH 

9 CONTROL AT PALM BEACH INTERNATIONAL 

10 AIRPORT. 

11 The Administrator of the Federal Aviation Adminis12 tration shall take such actions as may be necessary to en13 sure that any air traffic control tower or facility placed 

14 into operation at Palm Beach International Airport after 

15 September 30, 2009, to replace an air traffic control tower 

16 or facility placed into operation before September 30, 2009, 

17 includes an operating terminal radar approach control. 

18 SEC. 833. SANTA MONICA AIRPORT, CALIFORNIA. 

19 It is the sense of Congress that the Administrator of 

20 the Federal Aviation Administration should enter into good 

21 faith discussions with the city of Santa Monica, California, 

22 to achieve runway safety area solutions consistent with Fed23 eral Aviation Administration design guidelines to address 

24 safety concerns at Santa Monica Airport. 
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1 TITLE IX—FEDERAL AVIATION 

2 RESEARCH AND DEVELOPMENT 

3 SEC. 901. SHORT TITLE. 

4 This title may be cited as the ‘‘Federal Aviation Re5 search and Development Reauthorization Act of 2010’’. 

6 SEC. 902. DEFINITIONS. 

7 As used in this title, the following definition apply: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal Avia10 tion Administration. 

11 (2) FAA.—The term ‘‘FAA’’ means the Federal 

12 Aviation Administration. 

13 (3) NASA.—The term ‘‘NASA’’ means the Na14 tional Aeronautics and Space Administration. 

15 (4) NATIONAL RESEARCH COUNCIL.—The term 

16 ‘‘National Research Council’’ means the National Re17 search Council of the National Academies of Science 

18 and Engineering. 

19 (5) NOAA.—The term ‘‘NOAA’’ means the Na20 tional Oceanic and Atmospheric Administration. 

21 (6) NSF.—The term ‘‘NSF’’ means the National 

22 Science Foundation. 

23 (7) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Transportation. 
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1 SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IM2 PACT OF AVIATION ON THE CLIMATE. 

3 (a) IN GENERAL.—The Administrator, in coordination 

4 with NASA and the United States Climate Change Science 

5 Program, shall carry out a research initiative to assess the 

6 impact of aviation on the climate and, if warranted, to 

7 evaluate approaches to mitigate that impact. 

8 (b) RESEARCH PLAN.—Not later than 1 after the date 

9 of enactment of this Act, the participating Federal entities 

10 shall jointly develop a plan for the research program that 

11 contains the objectives, proposed tasks, milestones, and 5- 

12 year budgetary profile. 

13 SEC. 904. RESEARCH PROGRAM ON RUNWAYS. 

14 (a) RESEARCH PROGRAM.—The Administrator shall 

15 maintain a program of research grants to universities and 

16 nonprofit research foundations for research and technology 

17 demonstrations related to— 

18 (1) improved runway surfaces; and 

19 (2) engineered material restraining systems for 

20 runways at both general aviation airports and air21 ports with commercial air carrier operations. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated such sums as may be nec24 essary for each of the fiscal years 2010 through 2012 to 

25 carry out this section. 
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1 SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION. 

2 (a) ESTABLISHMENT OF PROGRAM.—Not later than 6 

3 months after the date of enactment of this Act, the FAA, 

4 in consultation with other agencies as appropriate, shall 

5 establish a research program on methods to improve both 

6 confidence in and the timeliness of certification of new tech7 nologies for their introduction into the national airspace 

8 system. 

9 (b) RESEARCH PLAN.—Not later than 1 year after the 

10 date of enactment of this Act, as part of the activity de11 scribed in subsection (a), the FAA shall develop a plan for 

12 the research program that contains the objectives, proposed 

13 tasks, milestones, and 5-year budgetary profile. 

14 (c) REVIEW.—The Administrator shall have the Na15 tional Research Council conduct an independent review of 

16 the research program plan and provide the results of that 

17 review to the Committee on Science and Technology and 

18 the Committee on Transportation and Infrastructure of the 

19 House of Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate not later than 

21 18 months after the date of enactment of this Act. 

22 SEC. 906. CENTERS OF EXCELLENCE. 

23 (a) GOVERNMENT’S SHARE OF COSTS.—Section 

24 44513(f) is amended to read as follows: 

25 ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United 

26 States Government’s share of establishing and operating the 
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1 center and all related research activities that grant recipi2 ents carry out shall not exceed 75 percent of the costs. The 

3 United States Government’s share of an individual grant 

4 under this section shall not exceed 90 percent of the costs.’’. 

5 (b) ANNUAL REPORT.—The Administrator shall trans6 mit annually to the Committee on Science and Technology 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate at the 

10 time of the President’s budget request a report that lists— 

11 (1) the research projects that have been initiated 

12 by each Center of Excellence in the preceding year; 

13 (2) the amount of funding for each research 

14 project and the funding source; 

15 (3) the institutions participating in each project 

16 and their shares of the overall funding for each re17 search project; and 

18 (4) the level of cost-sharing for each research 

19 project. 

20 SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

21 Section 44511(f) is amended— 

22 (1) in paragraph (1) by striking ‘‘establish a 4- 

23 year pilot’’ and inserting ‘‘maintain an’’; and 

24 (2) in paragraph (4)— 
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1 (A) by striking ‘‘expiration of the program’’ 

2 and inserting ‘‘expiration of the pilot program’’; 

3 and 

4 (B) by striking ‘‘program, including rec5 ommendations as to the need for establishing a 

6 permanent airport cooperative research pro7 gram’’ and inserting ‘‘program’’. 

8 SEC. 908. UNMANNED AIRCRAFT SYSTEMS. 

9 (a) RESEARCH INITIATIVE.—Section 44504(b) is 

10 amended— 

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

12 semicolon; 

13 (2) in paragraph (7) by striking the period at 

14 the end and inserting ‘‘; and’’; and 

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

16 ‘‘(8) in conjunction with other Federal agencies, 

17 as appropriate, to develop technologies and methods to 

18 assess the risk of and prevent defects, failures, and 

19 malfunctions of products, parts, and processes, for use 

20 in all classes of unmanned aircraft systems that could 

21 result in a catastrophic failure of the unmanned air22 craft that would endanger other aircraft in the na23 tional airspace system.’’. 

24 (b) SYSTEMS, PROCEDURES, FACILITIES, AND DE25 VICES.—Section 44505(b) is amended— 
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1 (1) in paragraph (4) by striking ‘‘and’’ after the 

2 semicolon; 

3 (2) in paragraph (5)(C) by striking the period at 

4 the end and inserting a semicolon; and 

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

6 ‘‘(6) to develop a better understanding of the re7 lationship between human factors and unmanned air8 craft systems safety; and 

9 ‘‘(7) to develop dynamic simulation models for 

10 integrating all classes of unmanned aircraft systems 

11 into the national airspace system without any deg12 radation of existing levels of safety for all national 

13 airspace system users.’’. 

14 SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UN15 DERGRADUATE STUDENTS. 

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

17 a program to utilize colleges and universities, including 

18 Historically Black Colleges and Universities, Hispanic 

19 serving institutions, tribally controlled colleges and univer20 sities, and Alaska Native and Native Hawaiian serving in21 stitutions in conducting research by undergraduate students 

22 on subjects of relevance to the FAA. Grants may be awarded 

23 under this section for— 

24 (1) research projects to be carried out primarily 

25 by undergraduate students; 
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1 (2) research projects that combine undergraduate 

2 research with other research supported by the FAA; 

3 (3) research on future training requirements re4 lated to projected changes in regulatory requirements 

5 for aircraft maintenance and power plant licensees; 

6 and 

7 (4) research on the impact of new technologies 

8 and procedures, particularly those related to aircraft 

9 flight deck and air traffic management functions, and 

10 on training requirements for pilots and air traffic 

11 controllers. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $5,000,000 for each of the 

14 fiscal years 2010 through 2012, for research grants under 

15 this section. 

16 SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT 

17 PROGRAM. 

18 (a) CONTINUATION OF PROGRAM.—The Administrator, 

19 in coordination with the NASA Administrator, shall con20 tinue research and development activities into technologies 

21 for modification of existing general aviation piston engines 

22 to enable their safe operation using unleaded aviation fuel. 

23 (b) ROADMAP.—Not later than 120 days after the date 

24 of enactment of this Act, the Administrator shall develop 

25 a research and development roadmap for the program con-
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1 tinued in subsection (a), containing the specific research 

2 and development objectives and the anticipated timetable 

3 for achieving the objectives. 

4 (c) REPORT.—Not later than 130 days after the date 

5 of enactment of this Act, the Administrator shall provide 

6 the roadmap specified in subsection (b) to the Committee 

7 on Science and Technology of the House of Representatives 

8 and the Committee on Commerce, Science, and Transpor9 tation of the Senate. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated $750,000 for each of the fiscal 

12 years 2010 through 2012 to carry out this section. 

13 SEC. 911. REVIEW OF FAA’S ENERGY- AND ENVIRONMENT14 RELATED RESEARCH PROGRAMS. 

15 (a) STUDY.—The Administrator shall enter into an ar16 rangement with the National Research Council for a review 

17 of the FAA’s energy- and environment-related research pro18 grams. The review shall assess whether— 

19 (1) the programs have well-defined, prioritized, 

20 and appropriate research objectives; 

21 (2) the programs are properly coordinated with 

22 the energy- and environment-related research pro23 grams of NASA, NOAA, and other relevant agencies; 

24 (3) the programs have allocated appropriate re25 sources to each of the research objectives; and 
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1 (4) there exist suitable mechanisms for 

2 transitioning the research results into the FAA’s oper3 ational technologies and procedures and certification 

4 activities. 

5 (b) REPORT.—A report containing the results of the 

6 review shall be provided to the Committee on Science and 

7 Technology of the House of Representatives and the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate within 18 months of the enactment of this Act. 

10 SEC. 912. REVIEW OF FAA’S AVIATION SAFETY-RELATED RE11 SEARCH PROGRAMS. 

12 (a) REVIEW.—The Administrator shall enter into an 

13 arrangement with the National Research Council for an 

14 independent review of the FAA’s aviation safety-related re15 search programs. The review shall assess whether— 

16 (1) the programs have well-defined, prioritized, 

17 and appropriate research objectives; 

18 (2) the programs are properly coordinated with 

19 the safety research programs of NASA and other rel20 evant Federal agencies; 

21 (3) the programs have allocated appropriate re22 sources to each of the research objectives; and 

23 (4) there exist suitable mechanisms for 

24 transitioning the research results from the programs 
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1 into the FAA’s operational technologies and proce2 dures and certification activities in a timely manner. 

3 (b) AVIATION SAFETY-RELATED RESEARCH PROGRAMS

4 TO BE ASSESSED.—The FAA aviation safety-related re5 search programs to be assessed under the review shall in6 clude, at a minimum, the following: 

7 (1) Air traffic control/technical operations 

8 human factors. 

9 (2) Runway incursion reduction. 

10 (3) Flightdeck/maintenance system integration 

11 human factors. 

12 (4) Airports technology research—safety. 

13 (5) Airport cooperative research program—safe14 ty. 

15 (6) Weather program. 

16 (7) Atmospheric hazards/digital system safety. 

17 (8) Fire research and safety. 

18 (9) Propulsion and fuel systems. 

19 (10) Advanced materials/structural safety. 

20 (11) Aging aircraft. 

21 (12) Aircraft catastrophic failure prevention re22 search. 

23 (13) Aeromedical research. 

24 (14) Aviation safety risk analysis. 

25 (15) Unmanned aircraft systems research. 
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1 (c) REPORT.—Not later than 14 months after the date 

2 of enactment of this Act, the Administrator shall submit 

3 to Congress a report on the results of the review. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi5 tion to amounts authorized to be appropriated by the 

6 amendments made by this Act, there is authorized to be ap7 propriated $700,000 for fiscal year 2010 to carry out this 

8 section. 

9 SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 

10 TECHNOLOGY FOR CIVIL AIRCRAFT. 

11 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

12 Using amounts made available under section 48102(a) of 

13 title 49, United States Code, the Secretary of Transpor14 tation shall conduct a research program related to devel15 oping jet fuel from alternative sources (such as coal, natural 

16 gas, biomass, ethanol, butanol, and hydrogen) through 

17 grants or other measures authorized under section 106(l)(6) 

18 of such title, including reimbursable agreements with other 

19 Federal agencies. 

20 (b) PARTICIPATION BY EDUCATIONAL AND RESEARCH

21 INSTITUTIONS.—In conducting the program, the Secretary 

22 shall provide for participation by educational and research 

23 institutions that have existing facilities and experience in 

24 the development and deployment of technology for alter25 native jet fuels. 
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1 (c) DESIGNATION OF INSTITUTE AS A CENTER OF EX2 CELLENCE.—Not later than 6 months after the date of en3 actment of this Act, the Administrator of the Federal Avia4 tion Administration shall designate an institution de5 scribed in subsection (a) as a Center of Excellence for Alter6 native Jet Fuel Research. 

7 SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOY8 MENT. 

9 (a) ESTABLISHMENT.—The Administrator shall estab10 lish a Center for Excellence in Aviation Employment (in 

11 this section referred to as the ‘‘Center’’). 

12 (b) APPLIED RESEARCH AND TRAINING.—The Center 

13 shall conduct applied research and training on— 

14 (1) human performance in the air transportation 

15 environment; 

16 (2) air transportation personnel, including air 

17 traffic controllers, pilots, and technicians; and 

18 (3) any other aviation human resource issues 

19 pertinent to developing and maintaining a safe and 

20 efficient air transportation system. 

21 (c) DUTIES.—The Center shall— 

22 (1) in conjunction with the Collegiate Training 

23 Initiative and other air traffic controller training 

24 programs, develop, implement, and evaluate a com-
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1 prehensive, best-practices based training program for 

2 air traffic controllers; 

3 (2) work with the Office of Human Resource 

4 Management of the FAA as that office develops and 

5 implements a strategic recruitment and marketing 

6 program to help the FAA compete for the best quali7 fied employees and incorporate an employee value 

8 proposition process that results in attracting a broad9 based and diverse aviation workforce in mission crit10 ical positions, including air traffic controller, avia11 tion safety inspector, airway transportation safety 

12 specialist, and engineer; 

13 (3) through industry surveys and other research 

14 methodologies and in partnership with the ‘‘Taskforce 

15 on the Future of the Aerospace Workforce’’ and the 

16 Secretary of Labor, establish a baseline of general 

17 aviation employment statistics for purposes of pro18 jecting and anticipating future workforce needs and 

19 demonstrating the economic impact of general avia20 tion employment; 

21 (4) conduct a comprehensive analysis of the air22 frame and powerplant technician certification process 

23 and employment trends for maintenance repair orga24 nization facilities, certificated repair stations, and 

25 general aviation maintenance organizations; 
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1 (5) establish a best practices model in aviation 

2 maintenance technician school environments; and 

3 (6) establish a workforce retraining program to 

4 allow for transition of recently unemployed and high5 ly skilled mechanics into aviation employment. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated to the Administrator such 

8 sums as may be necessary to carry out this section. Such 

9 sums shall remain available until expended. 

10 TITLE X—AIRPORT AND AIRWAY 

11 TRUST FUND FINANCING 

12 SEC. 1001. SHORT TITLE. 

13 This title may be cited as the ‘‘Airport and Airway 

14 Trust Fund Financing Act of 2010’’. 

15 SEC. 1002. EXTENSION AND MODIFICATION OF TAXES 

16 FUNDING AIRPORT AND AIRWAY TRUST 

17 FUND. 

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

19 AVIATION GASOLINE.— 

20 (1) AVIATION-GRADE KEROSENE.—Subparagraph 

21 (A) of section 4081(a)(2) of the Internal Revenue 

22 Code of 1986 (relating to rates of tax) is amended by 

23 striking ‘‘and’’ at the end of clause (ii), by striking 

24 the period at the end of clause (iii) and inserting ‘‘, 
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1 and’’, and by adding at the end the following new 

2 clause: 

3 ‘‘(iv) in the case of aviation-grade ker4 osene, 35.9 cents per gallon.’’. 

5 (2) AVIATION GASOLINE.—Clause (ii) of section 

6 4081(a)(2)(A) of such Code is amended by striking 

7 ‘‘19.3 cents’’ and inserting ‘‘24.1 cents’’. 

8 (3) FUEL REMOVED DIRECTLY INTO FUEL TANK

9 OF AIRPLANE USED IN NONCOMMERCIAL AVIATION.— 

10 Subparagraph (C) of section 4081(a)(2) of such Code 

11 is amended to read as follows: 

12 ‘‘(C) TAXES IMPOSED ON FUEL USED IN

13 COMMERCIAL AVIATION.—In the case of aviation14 grade kerosene which is removed from any refin15 ery or terminal directly into the fuel tank of an 

16 aircraft for use in commercial aviation by a per17 son registered for such use under section 4101, 

18 the rate of tax under subparagraph (A)(iv) shall 

19 be 4.3 cents per gallon.’’. 

20 (4) CONFORMING AMENDMENTS.— 

21 (A) Clause (iii) of section 4081(a)(2)(A) of 

22 such Code is amended by inserting ‘‘other than 

23 aviation-grade kerosene’’ after ‘‘kerosene’’. 
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1 (B) The following provisions of such Code 

2 are each amended by striking ‘‘kerosene’’ and in3 serting ‘‘aviation-grade kerosene’’: 

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

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

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

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

8 amended— 

9 (i) by striking ‘‘paragraph (2)(C)(i)’’ 

10 in clause (i) and inserting ‘‘paragraph 

11 (2)(C)’’; and 

12 (ii) by striking ‘‘paragraph (2)(C)(ii)’’ 

13 in clause (ii) and inserting ‘‘paragraph 

14 (2)(A)(iv)’’. 

15 (D) Section 4081(a)(4) of such Code is 

16 amended— 

17 (i) by striking ‘‘paragraph (2)(C)(i)’’ 

18 and inserting ‘‘paragraph (2)(C)’’; and 

19 (ii) by striking ‘‘KEROSENE’’ in the 

20 heading and inserting ‘‘AVIATION-GRADE

21 KEROSENE’’. 

22 (E) Section 4081(d)(2) of such Code is 

23 amended by inserting ‘‘, (a)(2)(A)(iv),’’ after 

24 ‘‘subsections (a)(2)(A)(ii)’’. 

25 (b) EXTENSION.— 
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1 (1) FUELS TAXES.—Paragraph (2) of section 

2 4081(d) of such Code is amended by striking ‘‘gal3 lon—’’ and all that follows and inserting ‘‘gallon 

4 after September 30, 2012’’. 

5 (2) TAXES ON TRANSPORTATION OF PERSONS

6 AND PROPERTY.— 

7 (A) PERSONS.—Clause (ii) of section 

8 4261(j)(1)(A) of such Code is amended by strik9 ing ‘‘September 30, 2009’’ and inserting ‘‘Sep10 tember 30, 2012’’. 

11 (B) PROPERTY.—Clause (ii) of section 

12 4271(d)(1)(A) of such Code is amended by strik13 ing ‘‘September 30, 2009’’ and inserting ‘‘Sep14 tember 30, 2012’’. 

15 (c) EXEMPTION FOR AVIATION-GRADE KEROSENE RE16 MOVED INTO AN AIRCRAFT.—Subsection (e) of section 4082 

17 of such Code is amended— 

18 (1) by striking ‘‘kerosene’’ and inserting ‘‘avia19 tion-grade kerosene’’; 

20 (2) by striking ‘‘section 4081(a)(2)(A)(iii)’’ and 

21 inserting ‘‘section 4081(a)(2)(A)(iv)’’; and 

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

23 inserting ‘‘AVIATION-GRADE KEROSENE’’. 

24 (d) RETAIL TAX ON AVIATION FUEL.— 
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1 (1) EXEMPTION FOR PREVIOUSLY TAXED

2 FUEL.—Paragraph (2) of section 4041(c) of such Code 

3 is amended by inserting ‘‘at the rate specified in sub4 section (a)(2)(A)(iv) thereof’’ after ‘‘section 4081’’. 

5 (2) RATE OF TAX.—Paragraph (3) of section 

6 4041(c) of such Code is amended to read as follows: 

7 ‘‘(3) RATE OF TAX.—The rate of tax imposed by 

8 this subsection shall be the rate of tax in effect under 

9 section 4081(a)(2)(A)(iv) (4.3 cents per gallon with 

10 respect to any sale or use for commercial aviation).’’. 

11 (e) REFUNDS RELATING TO AVIATION-GRADE KER12 OSENE.— 

13 (1) KEROSENE USED IN COMMERCIAL AVIA14 TION.—Clause (ii) of section 6427(l)(4)(A) of such 

15 Code is amended by striking ‘‘specified in section 

16 4041(c) or 4081(a)(2)(A)(iii), as the case may be,’’ 

17 and inserting ‘‘so imposed’’. 

18 (2) KEROSENE USED IN AVIATION.—Paragraph 

19 (4) of section 6427(l) of such Code is amended— 

20 (A) by striking subparagraph (B) and re21 designating subparagraph (C) as subparagraph 

22 (B); and 

23 (B) by amending subparagraph (B), as re24 designated by subparagraph (A), to read as fol25 lows: 
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1 ‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED

2 VENDOR.—With respect to any kerosene used in 

3 aviation (other than kerosene to which para4 graph (6) applies), if the ultimate purchaser of 

5 such kerosene waives (at such time and in such 

6 form and manner as the Secretary shall pre7 scribe) the right to payment under paragraph 

8 (1) and assigns such right to the ultimate ven9 dor, then the Secretary shall pay (without inter10 est) the amount which would be paid under 

11 paragraph (1) to such ultimate vendor, but only 

12 if such ultimate vendor— 

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

14 and 

15 ‘‘(ii) meets the requirements of sub16 paragraph (A), (B), or (D) of section 

17 6416(a)(1).’’. 

18 (3) AVIATION-GRADE KEROSENE NOT USED IN

19 AVIATION.—Subsection (l) of section 6427 of such 

20 Code is amended by redesignating paragraph (5) as 

21 paragraph (6) and by inserting after paragraph (4) 

22 the following new paragraph: 

23 ‘‘(5) REFUNDS FOR AVIATION-GRADE KEROSENE

24 NOT USED IN AVIATION.—If tax has been imposed 

25 under section 4081 at the rate specified in section 
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1 4081(a)(2)(A)(iv) and the fuel is used other than in 

2 an aircraft, the Secretary shall pay (without interest) 

3 to the ultimate purchaser of such fuel an amount 

4 equal to the amount of tax imposed on such fuel re5 duced by the amount of tax that would be imposed 

6 under section 4041 if no tax under section 4081 had 

7 been imposed.’’. 

8 (4) CONFORMING AMENDMENTS.— 

9 (A) Section 6427(i)(4) of such Code is 

10 amended— 

11 (i) by striking ‘‘paragraph (4)(C) or 

12 (5)’’ both places it appears and inserting 

13 ‘‘paragraph (4)(B) or (6)’’; and 

14 (ii) by striking ‘‘, (l)(4)(C)(ii), and 

15 (l)(5)’’ and inserting ‘‘and (l)(6)’’. 

16 (B) Section 6427(l)(1) of such Code is 

17 amended by striking ‘‘paragraph (4)(C)(i)’’ and 

18 inserting ‘‘paragraph (4)(B)(i)’’. 

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

20 amended by striking ‘‘6427(l)(5)(B)’’ and insert21 ing ‘‘6427(l)(6)(B)’’. 

22 (f) AIRPORT AND AIRWAY TRUST FUND.— 

23 (1) EXTENSION OF TRUST FUND AUTHORITIES.— 
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1 (A) EXPENDITURES FROM TRUST FUND.— 

2 Paragraph (1) of section 9502(d) of such Code is 

3 amended— 

4 (i) by striking ‘‘October 1, 2009’’ in 

5 the matter preceding subparagraph (A) and 

6 inserting ‘‘October 1, 2012’’; and 

7 (ii) by inserting ‘‘or the Aviation Safe8 ty and Investment Act of 2010’’ before the 

9 semicolon at the end of subparagraph (A). 

10 (B) LIMITATION ON TRANSFERS TO TRUST

11 FUND.—Paragraph (2) of section 9502(e) of such 

12 Code is amended by striking ‘‘October 1, 2009’’ 

13 and inserting ‘‘October 1, 2012’’. 

14 (2) TRANSFERS TO TRUST FUND.—Subpara15 graph (C) of section 9502(b)(1) of such Code is 

16 amended to read as follows: 

17 ‘‘(C) section 4081 with respect to aviation 

18 gasoline and aviation-grade kerosene, and’’. 

19 (3) TRANSFERS ON ACCOUNT OF CERTAIN RE20 FUNDS.— 

21 (A) IN GENERAL.—Subsection (d) of section 

22 9502 of such Code is amended— 

23 (i) by striking ‘‘(other than subsection 

24 (l)(4) thereof)’’ in paragraph (2); and 
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1 (ii) by striking ‘‘(other than payments 

2 made by reason of paragraph (4) of section 

3 6427(l))’’ in paragraph (3). 

4 (B) CONFORMING AMENDMENTS.— 

5 (i) Section 9503(b)(4) of such Code is 

6 amended by striking ‘‘or’’ at the end of sub7 paragraph (C), by striking the period at the 

8 end of subparagraph (D) and inserting a 

9 comma, and by inserting after subpara10 graph (D) the following: 

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

12 to the rate specified in clause (ii) or (iv) of sec13 tion 4081(a)(2)(A), or 

14 ‘‘(F) section 4041(c).’’. 

15 (ii) Section 9503(c) of such Code is 

16 amended by striking the last paragraph (re17 lating to transfers from the Trust Fund for 

18 certain aviation fuel taxes). 

19 (iii) Section 9502(a) of such Code is 

20 amended by striking ‘‘, section 9503(c)(7),’’. 

21 (4) TRANSFERS ON ACCOUNT OF AVIATION-GRADE

22 KEROSENE NOT USED IN AVIATION.—Section 9502(d) 

23 of such Code is amended by adding at the end the fol24 lowing new paragraph: 
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1 ‘‘(7) TRANSFERS FROM AIRPORT AND AIRWAY

2 TRUST FUND ON ACCOUNT OF AVIATION-GRADE KER3 OSENE NOT USED IN AVIATION.—The Secretary of the 

4 Treasury shall pay from time to time from the Air5 port and Airway Trust Fund into the Highway Trust 

6 Fund amounts as determined by the Secretary of the 

7 Treasury equivalent to amounts transferred to the 

8 Airport and Airway Trust Fund with respect to avia9 tion-grade kerosene not used in aviation.’’. 

10 (5) EXPENDITURES FOR AIR TRAFFIC CONTROL

11 MODERNIZATION.—Section 9502(d) of such Code, as 

12 amended by this title, is amended by adding at the 

13 end the following new paragraph: 

14 ‘‘(8) EXPENDITURES FOR AIR TRAFFIC CONTROL

15 MODERNIZATION.—The following amounts may be 

16 used only for making expenditures to carry out air 

17 traffic control modernization: 

18 ‘‘(A) So much of the amounts appropriated 

19 under subsection (b)(1)(C) as the Secretary esti20 mates are attributable to— 

21 ‘‘(i) 14.1 cents per gallon of the tax 

22 imposed at the rate specified in section 

23 4081(a)(2)(A)(iv) in the case of aviation24 grade kerosene used other than in commer-
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1 cial aviation (as defined in section 

2 4083(b)), and 

3 ‘‘(ii) 4.8 cents per gallon of the tax im4 posed at the rate specified in section 

5 4081(a)(2)(A)(ii) in the case of aviation 

6 gasoline used other than in commercial 

7 aviation (as so defined). 

8 ‘‘(B) Any amounts credited to the Airport 

9 and Airway Trust Fund under section 9602(b) 

10 with respect to amounts described in this para11 graph.’’. 

12 (g) EFFECTIVE DATE.— 

13 (1) MODIFICATIONS.—Except as provided in 

14 paragraph (2), the amendments made by this section 

15 shall apply to fuels removed, entered, or sold after De16 cember 31, 2009. 

17 (2) EXTENSIONS.—The amendments made by 

18 subsections (b) and (f)(1) shall take effect on the date 

19 of the enactment of this Act. 

20 (h) FLOOR STOCKS TAX.— 

21 (1) IMPOSITION OF TAX.—In the case of aviation 

22 fuel which is held on January 1, 2010, by any person, 

23 there is hereby imposed a floor stocks tax on aviation 

24 fuel equal to— 
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1 (A) the tax which would have been imposed 

2 before such date on such fuel had the amend3 ments made by this section been in effect at all 

4 times before such date, reduced by 

5 (B) the sum of— 

6 (i) the tax imposed before such date on 

7 such fuel under section 4081 of the Internal 

8 Revenue Code of 1986, as in effect on such 

9 date; and 

10 (ii) in the case of kerosene held exclu11 sively for such person’s own use, the amount 

12 which such person would (but for this 

13 clause) reasonably expect (as of such date) 

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

15 of such Code with respect to such kerosene. 

16 (2) LIABILITY FOR TAX AND METHOD OF PAY17 MENT.— 

18 (A) LIABILITY FOR TAX.—A person holding 

19 aviation fuel on January 1, 2010, shall be liable 

20 for such tax. 

21 (B) TIME AND METHOD OF PAYMENT.—The 

22 tax imposed by paragraph (1) shall be paid on 

23 April 30, 2010, and in such manner as the Sec24 retary of the Treasury shall prescribe. 
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1 (3) TRANSFER OF FLOOR STOCK TAX REVENUES

2 TO TRUST FUNDS.—For purposes of determining the 

3 amount transferred to the Airport and Airway Trust 

4 Fund, the tax imposed by this subsection shall be 

5 treated as imposed by the provision of section 4081 of 

6 the Internal Revenue Code of 1986 which applies with 

7 respect to the aviation fuel involved. 

8 (4) DEFINITIONS.—For purposes of this sub9 section— 

10 (A) AVIATION FUEL.—The term ‘‘aviation 

11 fuel’’ means aviation-grade kerosene and avia12 tion gasoline, as such terms are used within the 

13 meaning of section 4081 of the Internal Revenue 

14 Code of 1986. 

15 (B) HELD BY A PERSON.—Aviation fuel 

16 shall be considered as held by a person if title 

17 thereto has passed to such person (whether or not 

18 delivery to the person has been made). 

19 (C) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of the Treasury or the Sec21 retary’s delegate. 

22 (5) EXCEPTION FOR EXEMPT USES.—The tax 

23 imposed by paragraph (1) shall not apply to any 

24 aviation fuel held by any person exclusively for any 

25 use to the extent a credit or refund of the tax is allow-
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1 able under the Internal Revenue Code of 1986 for such 

2 use. 

3 (6) EXCEPTION FOR CERTAIN AMOUNTS OF

4 FUEL.— 

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

6 by paragraph (1) on any aviation fuel held on 

7 January 1, 2010, by any person if the aggregate 

8 amount of such aviation fuel held by such person 

9 on such date does not exceed 2,000 gallons. The 

10 preceding sentence shall apply only if such per11 son submits to the Secretary (at the time and in 

12 the manner required by the Secretary) such in13 formation as the Secretary shall require for pur14 poses of this subparagraph. 

15 (B) EXEMPT FUEL.—For purposes of sub16 paragraph (A), there shall not be taken into ac17 count any aviation fuel held by any person 

18 which is exempt from the tax imposed by para19 graph (1) by reason of paragraph (6). 

20 (C) CONTROLLED GROUPS.—For purposes of 

21 this subsection— 

22 (i) CORPORATIONS.— 

23 (I) IN GENERAL.—All persons 

24 treated as a controlled group shall be 

25 treated as 1 person. 
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1 (II) CONTROLLED GROUP.—The 

2 term ‘‘controlled group’’ has the mean3 ing given to such term by subsection 

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

5 that for such purposes the phrase 

6 ‘‘more than 50 percent’’ shall be sub7 stituted for the phrase ‘‘at least 80 per8 cent’’ each place it appears in such 

9 subsection. 

10 (ii) NONINCORPORATED PERSONS

11 UNDER COMMON CONTROL.—Under regula12 tions prescribed by the Secretary, principles 

13 similar to the principles of subparagraph 

14 (A) shall apply to a group of persons under 

15 common control if 1 or more of such persons 

16 is not a corporation. 

17 (7) OTHER LAWS APPLICABLE.—All provisions of 

18 law, including penalties, applicable with respect to 

19 the taxes imposed by section 4081 of such Code on the 

20 aviation fuel involved shall, insofar as applicable and 

21 not inconsistent with the provisions of this subsection, 

22 apply with respect to the floor stock taxes imposed by 

23 paragraph (1) to the same extent as if such taxes were 

24 imposed by such section. 
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1 TITLE XI—COMPLIANCE WITH 

2 STATUTORY PAY-AS-YOU-GO 

3 ACT OF 2010 

4 SEC. 1101. COMPLIANCE PROVISION. 

5 The budgetary effects of this Act, for purposes of com6 plying with the Statutory Pay-As-You-Go Act of 2010, shall 

7 be determined by reference to the latest statement titled 

8 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

9 jointly submitted for printing in the Congressional Record 

10 by the Chairmen of the House and Senate Budget Commit11 tees, provided that such statement has been submitted prior 

12 to the vote on passage in the House acting first on this con13 ference report or amendments between the Houses. 

Attest: 

Clerk. 
H.R. 1586 

HOUSE AMENDMENT TO 

SENATE AMENDMENT