II 

Calendar No. 5 

112TH CONGRESS 

1ST SESSION S. 223 

To modernize the air traffic control system, improve the safety, reliability, 

and availability of transportation by air in the United States, provide 

for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2011 

Mr. ROCKEFELLER introduced the following bill; which was read the first time 

JANUARY 28, 2011 

Read the second time and placed on the calendar pursuant to the order of 

January 27, 2011 

A BILL 

To modernize the air traffic control system, improve the 

safety, reliability, and availability of transportation by 

air in the United States, provide for modernization of 

the air traffic control system, reauthorize the Federal 

Aviation Administration, and for other purposes. 

1 Be it enacted by the Senate and House of Representatives 

2 of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Effective date. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Operations. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. Research and development. 

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

and programs. 

Sec. 105. Other aviation programs. 

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

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

TITLE II—AIRPORT IMPROVEMENTS 

Sec. 201. Reform of passenger facility charge authority. 

Sec. 202. Passenger facility charge pilot program. 

Sec. 203. Amendments to grant assurances. 

Sec. 204. Government share of project costs. 

Sec. 205. Amendments to allowable costs. 

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

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

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

Sec. 208. Miscellaneous amendments. 

Sec. 209. State block grant program. 

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

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

Sec. 212. Safety-critical airports. 

Sec. 213. Environmental mitigation demonstration pilot program. 

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

Sec. 215. Glycol recovery vehicles. 

Sec. 216. Research improvement for aircraft. 

Sec. 217. United States Territory minimum guarantee. 

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

Sec. 219. Release from restrictions. 

Sec. 220. Designation of former military airports. 

Sec. 221. Airport sustainability planning working group. 

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

in airport improvement projects. 


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Sec. 223. Study on apportioning amounts for airport improvement in proportion to amounts of air traffic. 

TITLE III—AIR TRAFFIC CONTROL MODERNIZATION AND FAA 

REFORM 

Sec. 301. Air Traffic Control Modernization Oversight Board. 

Sec. 302. NextGen management. 

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

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

Sec. 305. Clarification to acquisition reform authority. 

Sec. 306. Assistance to other aviation authorities. 

Sec. 307. Presidential rank award program. 

Sec. 308. Next generation facilities needs assessment. 

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

Sec. 310. Definition of air navigation facility. 

Sec. 311. Improved management of property inventory. 

Sec. 312. Educational requirements. 

Sec. 313. FAA personnel management system. 

Sec. 314. Acceleration of NextGen technologies. 

Sec. 315. ADS–B development and implementation. 

Sec. 316. Equipage incentives. 

Sec. 317. Performance metrics. 

Sec. 318. Certification standards and resources. 

Sec. 319. Report on funding for NextGen technology. 

Sec. 320. Unmanned aerial systems. 

Sec. 321. Surface Systems Program Office. 

Sec. 322. Stakeholder coordination. 

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

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

Sec. 325. Implementation of Inspector General ATC recommendations. 

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

Sec. 327. Definitions. 

Sec. 328. Financial incentives for Nextgen Equipage. 

TITLE IV—AIRLINE SERVICE AND SMALL COMMUNITY AIR 

SERVICE IMPROVEMENTS 

SUBTITLE A—CONSUMER PROTECTION 

Sec. 401. Airline customer service commitment. 

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

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

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

Sec. 405. Disclosure of passenger fees. 

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

transportation. 

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

SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL COMMUNITIES 

Sec. 411. EAS connectivity program. 

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

Sec. 413. EAS contract guidelines. 

Sec. 414. Conversion of former EAS airports. 

Sec. 415. EAS reform. 


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Sec. 416. Small community air service. 

Sec. 417. EAS marketing. 

Sec. 418. Rural aviation improvement. 

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

SUBTITLE C—MISCELLANEOUS 

Sec. 431. Clarification of air carrier fee disputes. 

Sec. 432. Contract tower program. 

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

Sec. 434. Authorization of use of certain lands in the Las Vegas McCarran 

International Airport Environs Overlay District for transient 

lodging and associated facilities. 

TITLE V—SAFETY 

SUBTITLE A—AVIATION SAFETY 

Sec. 501. Runway safety equipment plan. 

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

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

Sec. 504. Design organization certificates. 

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

Sec. 506. Pilot fatigue. 

Sec. 507. Increasing safety for helicopter and fixed wing emergency medical 

service operators and patients. 

Sec. 508. Cabin crew communication. 

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

Sec. 510. Acceleration of development and implementation of required navigation performance approach procedures. 

Sec. 511. Improved safety information. 

Sec. 512. Voluntary disclosure reporting process improvements. 

Sec. 513. Procedural improvements for inspections. 

Sec. 514. Independent review of safety issues. 

Sec. 515. National review team. 

Sec. 516. FAA Academy improvements. 

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

Sec. 518. Aviation safety whistleblower investigation office. 

Sec. 519. Modification of customer service initiative. 

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

Sec. 521. Inspection of foreign repair stations. 

Sec. 522. Non-certificated maintenance providers. 

SUBTITLE B—FLIGHT SAFETY 

Sec. 551. FAA pilot records database. 

Sec. 552. Air carrier safety management systems. 

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

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

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

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

Sec. 557. Flightcrew member screening and qualifications. 

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


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Sec. 559. Safety inspections of regional air carriers. 

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

and operation of aircraft by pilots. 

Sec. 561. Oversight of pilot training schools. 

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

Sec. 563. Definitions. 

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

TITLE VI—AVIATION RESEARCH 

Sec. 601. Airport cooperative research program. 

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

aircraft. 

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

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

Sec. 605. Advisory committee on future of aeronautics. 

Sec. 606. Research program to improve airfield pavements. 

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

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

Sec. 609. Reauthorization of center of excellence in applied research and training in the use of advanced materials in transport aircraft. 

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

Sec. 611. Reduction of emissions from airport power sources. 

Sec. 612. Siting of windfarms near FAA navigational aides and other assets. 

Sec. 613. Research and development for equipment to clean and monitor the 

engine and APU bleed air supplied on pressurized aircraft. 

TITLE VII—MISCELLANEOUS 

Sec. 701. General authority. 

Sec. 702. Human intervention management study. 

Sec. 703. Airport program modifications. 

Sec. 704. Miscellaneous program extensions. 

Sec. 705. Extension of competitive access reports. 

Sec. 706. Update on overflights. 

Sec. 707. Technical corrections. 

Sec. 708. FAA technical training and staffing. 

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

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

Sec. 711. Weight restrictions at Teterboro Airport. 

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

Sec. 713. Transporting musical instruments. 

Sec. 714. Recycling plans for airports. 

Sec. 715. Disadvantaged Business Enterprise Program adjustments. 

Sec. 716. Front line manager staffing. 

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

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

Authority. 

Sec. 719. Study of aeronautical mobile telemetry. 

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

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

Sec. 722. Line check evaluations. 

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


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

Sec. 725. Air-rail codeshare study. 

Sec. 726. On-going monitoring of and report on the New York/New Jersey/ 

Philadelphia Metropolitan Area Airspace Redesign. 

Sec. 727. Study on aviation fuel prices. 

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

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

medical flights. 

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

gases. 

Sec. 731. Technical correction. 

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

TITLE VIII—AIRPORT AND AIRWAY TRUST FUND PROVISIONS 

AND RELATED TAXES 

Sec. 800. Amendment of 1986 Code. 

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

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

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

Sec. 804. Air traffic control system modernization account. 

Sec. 805. Treatment of fractional aircraft ownership programs. 

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

Sec. 807. Transparency in passenger tax disclosures. 

TITLE IX—BUDGETARY EFFECTS 

Sec. 901. Budgetary effects. 

TITLE X—RESCISSION OF UNUSED TRANSPORTATION EARMARKS 

AND GENERAL REPORTING REQUIREMENT 

Sec. 1001. Definition. 

Sec. 1002. Rescission. 

Sec. 1003. Agency wide identification and reports. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or a repeal of, a section or other 

5 provision, the reference shall be considered to be made to 

6 a section or other provision of title 49, United States 

7 Code. 


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1 SEC. 3. EFFECTIVE DATE. 

2 Except as otherwise expressly provided, this Act and 

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

4 date of enactment of this Act. 

5 TITLE I—AUTHORIZATIONS 

6 SEC. 101. OPERATIONS. 

7 Section 106(k)(1) is amended by striking subpara8 graphs (A) through (E) and inserting the following: 

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

10 and 

11 ‘‘(B) $9,620,000,000 for fiscal year 

12 2011.’’. 

13 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

14 Section 48101(a) is amended by striking paragraphs 

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

16 ‘‘(1) $3,500,000,000 for fiscal year 2010, of 

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

18 Control System Modernization Account of the Air19 port and Airways Trust Fund; and 

20 ‘‘(2) $3,600,000,000 for fiscal year 2011, of 

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

22 Control System Modernization Account of the Air23 port and Airways Trust Fund.’’. 

24 SEC. 103. RESEARCH AND DEVELOPMENT. 

25 Section 48102 is amended— 


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

2 following: 

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

4 amounts may be appropriated to the Secretary of Trans5 portation out of the Airport and Airway Trust Fund es6 tablished under section 9502 of the Internal Revenue Code 

7 of 1986 (26 U.S.C. 9502) for conducting civil aviation re8 search and development under sections 44504, 44505, 

9 44507, 44509, and 44511 through 44513 of this title: 

10 ‘‘(1) $200,000,000 for fiscal year 2010. 

11 ‘‘(2) $206,000,000 for fiscal year 2011.’’; 

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

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

14 ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN15 DERGRADUATE STUDENTS.—The Administrator of the 

16 Federal Aviation Administration shall establish a program 

17 to utilize undergraduate and technical colleges, including 

18 Historically Black Colleges and Universities, Hispanic 

19 Serving Institutions, tribally controlled colleges and uni20 versities, and Alaska Native and Native Hawaiian serving 

21 institutions in research on subjects of relevance to the 

22 Federal Aviation Administration. Grants may be awarded 

23 under this subsection for— 


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1 ‘‘(1) research projects to be carried out at pri2 marily undergraduate institutions and technical col3 leges; 

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

5 primarily undergraduate institutions and technical 

6 colleges with other research supported by the Fed7 eral Aviation Administration; 

8 ‘‘(3) research on future training requirements 

9 on projected changes in regulatory requirements for 

10 aircraft maintenance and power plant licensees; or 

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

12 and procedures, particularly those related to aircraft 

13 flight deck and air traffic management functions, 

14 and on training requirements for pilots and air traf15 fic controllers.’’. 

16 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 

17 NOISE COMPATIBILITY PLANNING AND PRO18 GRAMS. 

19 Section 48103 is amended by striking paragraphs (1) 

20 through (6) and inserting the following: 

21 ‘‘(1) $4,000,000,000 for fiscal year 2010; and 

22 ‘‘(2) $4,100,000,000 for fiscal year 2011.’’. 

23 SEC. 105. OTHER AVIATION PROGRAMS. 

24 Section 48114 is amended— 


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

2 and inserting ‘‘2011’’; 

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

4 inserting ‘‘2011,’’; and 

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

6 inserting ‘‘2011’’. 

7 SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANS8 PORTATION SYSTEM PROJECTS. 

9 Section 44501(b) is amended— 

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

11 paragraph (3); 

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

13 inserting ‘‘defense; and’’; and 

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

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

16 Generation Air Transportation System and do not 

17 have as a primary purpose to operate or maintain 

18 the current air traffic control system.’’. 

19 SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 

20 AIRPORT PROGRAMS. 

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

22 as follows: 

23 ‘‘§ 48105. Airport programs administrative expenses 

24 ‘‘Of the amount made available under section 48103 

25 of this title, the following may be available for administraVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 tive expenses relating to the Airport Improvement Pro2 gram, passenger facility charge approval and oversight, 

3 national airport system planning, airport standards devel4 opment and enforcement, airport certification, airport-re5 lated environmental activities (including legal services), 

6 and other airport-related activities (including airport tech7 nology research), to remain available until expended— 

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

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

10 (b) CONFORMING AMENDMENT.—The table of con11 tents for chapter 481 is amended by striking the item re12 lating to section 48105 and inserting the following: 

‘‘48105. Airport programs administrative expenses’’. 

13 (c) PASSENGER ENPLANEMENT REPORT.— 

14 (1) IN GENERAL.—The Administrator of the 

15 Federal Aviation Administration shall prepare a re16 port on every airport in the United States that re17 ported between 10,000 and 15,000 passenger 

18 enplanements during each of the 2 most recent years 

19 for which such data is available. 

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

21 report under paragraph (1), the Administrator shall 

22 document the methods used by each subject airport 

23 to reach the 10,000 passenger enplanement thresh24 old, including whether airports subsidize commercial 

25 flights to reach such threshold. 


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1 (3) REVIEW.—The Inspector General of the De2 partment of Transportation shall review the process 

3 of the Adminstrator in developing the report under 

4 paragraph (1). 

5 (4) REPORT.—The Administrator shall submit 

6 the report prepared under paragraph (1) to Con7 gress and the Secretary of Transportation. 

8 TITLE II—AIRPORT 

9 IMPROVEMENTS 

10 SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU11 THORITY. 

12 (a) PASSENGER FACILITY CHARGE STREAM13 LINING.—Section 40117(c) is amended to read as follows: 

14 ‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION

15 OF PASSENGER FACILITY CHARGE.— 

16 ‘‘(1) IN GENERAL.—An eligible agency must 

17 submit to those air carriers and foreign air carriers 

18 operating at the airport with a significant business 

19 interest, as defined in paragraph (3), and to the 

20 Secretary and make available to the public annually 

21 a report, in the form required by the Secretary, on 

22 the status of the eligible agency’s passenger facility 

23 charge program, including— 


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

2 held by the agency at the beginning of the 12 

3 months covered by the report; 

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

5 collected by the agency during the period cov6 ered by the report; 

7 ‘‘(C) the amount of expenditures with pro8 gram revenue made by the agency on each eligi9 ble airport-related project during the period 

10 covered by the report; 

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

12 the agency plans to collect and use program 

13 revenue during the next 12-month period cov14 ered by the report, including the amount of rev15 enue projected to be used for such project; 

16 ‘‘(E) the level of program revenue the 

17 agency plans to collect during the next 12- 

18 month period covered by the report; 

19 ‘‘(F) a description of the notice and con20 sultation process with air carriers and foreign 

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

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

23 any adverse comments received and how the 

24 agency responded; and 


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1 ‘‘(G) any other information on the pro2 gram that the Secretary may require. 

3 ‘‘(2) IMPLEMENTATION.—Subject to the re4 quirements of paragraphs (3), (4), (5), and (6), the 

5 eligible agency may implement the planned collection 

6 and use of passenger facility charges in accordance 

7 with its report upon filing the report as required in 

8 paragraph (1). 

9 ‘‘(3) CONSULTATION WITH CARRIERS FOR NEW

10 PROJECTS.— 

11 ‘‘(A) An eligible agency proposing to col12 lect or use passenger facility charge revenue for 

13 a project not previously approved by the Sec14 retary or not included in a report required by 

15 paragraph (1) that was submitted in a prior 

16 year shall provide to air carriers and foreign air 

17 carriers operating at the airport reasonable no18 tice, and an opportunity to comment on the 

19 planned collection and use of program revenue 

20 before providing the report required under 

21 paragraph (1). The Secretary shall prescribe by 

22 regulation what constitutes reasonable notice 

23 under this paragraph, which shall at a min24 imum include— 


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

2 air carriers and foreign air carriers oper3 ating at the airport written notice of the 

4 planned collection and use of passenger fa5 cility charge revenue; 

6 ‘‘(ii) that the notice include a full de7 scription and justification for a proposed 

8 project; 

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

10 financial plan for the proposed project; and 

11 ‘‘(iv) that the notice include the pro12 posed level for the passenger facility 

13 charge. 

14 ‘‘(B) An eligible agency providing notice 

15 and an opportunity for comment shall be 

16 deemed to have satisfied the requirements of 

17 this paragraph if the eligible agency provides 

18 such notice to air carriers and foreign air car19 riers that have a significant business interest at 

20 the airport. For purposes of this subparagraph, 

21 the term ‘significant business interest’ means 

22 an air carrier or foreign air carrier that— 

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

24 passenger boardings at the airport in the 

25 prior calendar year; 


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

2 boardings at the airport in the prior cal3 endar year; or 

4 ‘‘(iii) provides scheduled service at the 

5 airport. 

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

7 notice is provided under subparagraph (A), 

8 each air carrier and foreign air carrier may pro9 vide written comments to the eligible agency in10 dicating its agreement or disagreement with the 

11 project or, if applicable, the proposed level for 

12 a passenger facility charge. 

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

14 part of the notice and comment process, a con15 sultation meeting to discuss the proposed 

16 project or, if applicable, the proposed level for 

17 a passenger facility charge. If the agency pro18 vides a consultation meeting, the written com19 ments specified in subparagraph (C) shall be 

20 due not later than 30 days after the meeting. 

21 ‘‘(4) PUBLIC NOTICE AND COMMENT.— 

22 ‘‘(A) An eligible agency proposing to col23 lect or use passenger facility charge revenue for 

24 a project not previously approved by the Sec25 retary or not included in a report required by 


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1 paragraph (1) that was filed in a prior year 

2 shall provide reasonable notice and an oppor3 tunity for public comment on the planned col4 lection and use of program revenue before pro5 viding the report required in paragraph (1). 

6 ‘‘(B) The Secretary shall prescribe by reg7 ulation what constitutes reasonable notice under 

8 this paragraph, which shall at a minimum re9 quire— 

10 ‘‘(i) that the eligible agency provide 

11 public notice of intent to collect a pas12 senger facility charge so as to inform those 

13 interested persons and agencies that may 

14 be affected; 

15 ‘‘(ii) appropriate methods of publica16 tion, which may include notice in local 

17 newspapers of general circulation or other 

18 local media, or posting of the notice on the 

19 agency’s Internet website; and 

20 ‘‘(iii) submission of public comments 

21 no later than 45 days after the date of the 

22 publication of the notice. 

23 ‘‘(5) OBJECTIONS.— 

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

25 the Secretary a written objection to a proposed 


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1 project included in a notice under this para2 graph provided that the filing is made within 30 

3 days after submission of the report specified in 

4 paragraph (1). 

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

6 than 30 days for the eligible agency to respond 

7 to any filed objection. 

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

9 the eligible agency’s response to a filed objec10 tion, the Secretary shall make a determination 

11 whether or not to terminate authority to collect 

12 the passenger facility charge for the project, 

13 based on the filed objection. The Secretary shall 

14 state the reasons for any determination. The 

15 Secretary may only terminate authority if— 

16 ‘‘(i) the project is not an eligible air17 port related project; 

18 ‘‘(ii) the eligible agency has not com19 plied with the requirements of this section 

20 or the Secretary’s implementing regula21 tions in proposing the project; 

22 ‘‘(iii) the eligible agency has been 

23 found to be in violation of section 

24 47107(b) of this title and has failed to 


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1 take corrective action, prior to the filing of 

2 the objection; or 

3 ‘‘(iv) in the case of a proposed in4 crease in the passenger facility charge 

5 level, the level is not authorized by this 

6 section. 

7 ‘‘(D) Upon issuance of a decision termi8 nating authority, the public agency shall pre9 pare an accounting of passenger facility revenue 

10 collected under the terminated authority and re11 store the funds for use on other authorized 

12 projects. 

13 ‘‘(E) Except as provided in subparagraph 

14 (C), the eligible agency may implement the 

15 planned collection and use of a passenger facil16 ity charge in accordance with its report upon 

17 filing the report as specified in paragraph 

18 (1)(A). 

19 ‘‘(6) APPROVAL REQUIREMENT FOR INCREASED

20 PASSENGER FACILITY CHARGE OR INTERMODAL

21 GROUND ACCESS PROJECT.— 

22 ‘‘(A) An eligible agency may not collect or 

23 use a passenger facility charge to finance an 

24 intermodal ground access project, or increase a 

25 passenger facility charge, unless the project is 


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1 first approved by the Secretary in accordance 

2 with this paragraph. 

3 ‘‘(B) The eligible agency may submit to 

4 the Secretary an application for authority to 

5 impose a passenger facility charge for an inter6 modal ground access project or to increase a 

7 passenger facility charge. The application shall 

8 contain information and be in the form that the 

9 Secretary may require by regulation but, at a 

10 minimum, must include copies of any comments 

11 received by the agency during the comment pe12 riod described by subparagraph (C). 

13 ‘‘(C) Before submitting an application 

14 under this paragraph, an eligible agency must 

15 provide air carriers and foreign air carriers op16 erating at the airport, and the public, reason17 able notice of and an opportunity to comment 

18 on a proposed intermodal ground access project 

19 or the increased passenger facility charge. Such 

20 notice and opportunity to comment shall con21 form to the requirements of paragraphs (3) and 

22 (4). 

23 ‘‘(D) After receiving an application, the 

24 Secretary may provide air carriers, foreign air 

25 carriers and other interested persons notice and 


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1 an opportunity to comment on the application. 

2 The Secretary shall make a final decision on 

3 the application not later than 120 days after re4 ceiving it.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) REFERENCES.— 

7 (A) Section 40117(a) is amended— 

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

9 for paragraph (5) and inserting 

10 ‘‘CHARGE’’; and 

11 (ii) by striking ‘‘fee’’ each place it ap12 pears in paragraphs (5) and (6) and in13 serting ‘‘charge’’. 

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

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

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

17 place either appears and inserting 

18 ‘‘charge’’ or ‘‘charges’’, respectively; and 

19 (ii) by striking ‘‘FEE’’ in the sub20 section caption for subsection (l), and 

21 ‘‘FEES’’ in the subsection captions for sub22 sections (e) and (m), and inserting 

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

24 (C) The caption for section 40117 is 

25 amended to read as follows: 


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1 ‘‘§ 40117. Passenger facility charges’’. 

2 (D) The table of contents for chapter 401 

3 is amended by striking the item relating to sec4 tion 40117 and inserting the following: 

‘‘40117. Passenger facility charges’’. 

5 (2) LIMITATIONS ON APPROVING APPLICA6 TIONS.—Section 40117(d) is amended— 

7 (A) by striking ‘‘subsection (c) of this sec8 tion to finance a specific’’ and inserting ‘‘sub9 section (c)(6) of this section to finance an inter10 modal ground access’’; 

11 (B) by striking ‘‘specific’’ in paragraph 

12 (1); 

13 (C) by striking paragraph (2) and insert14 ing the following: 

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

16 project; and’’; 

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

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

19 ‘‘the project.’’; and 

20 (E) by striking paragraph (4). 

21 (3) LIMITATIONS ON IMPOSING CHARGES.—Sec22 tion 40117(e)(1) is amended to read as follows: ‘‘(1) 

23 An eligible agency may impose a passenger facility 

24 charge only subject to terms the Secretary may pre25 scribe to carry out the objectives of this section.’’. 


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1 (4) LIMITATIONS ON CONTRACTS, LEASES, AND

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

3 by striking ‘‘long-term’’. 

4 (5) COMPLIANCE.—Section 40117(h) is amend5 ed— 

6 (A) by redesignating paragraph (3) as 

7 paragraph (4); and 

8 (B) by inserting after paragraph (2) the 

9 following: 

10 ‘‘(3) The Secretary may, on complaint of an inter11 ested person or on the Secretary’s own initiative, conduct 

12 an investigation into an eligible agency’s collection and use 

13 of passenger facility charge revenue to determine whether 

14 a passenger facility charge is excessive or that passenger 

15 facility revenue is not being used as provided in this sec16 tion. The Secretary shall prescribe regulations establishing 

17 procedures for complaints and investigations. The regula18 tions may provide for the issuance of a final agency deci19 sion without resort to an oral evidentiary hearing. The 

20 Secretary shall not accept complaints filed under this 

21 paragraph until after the issuance of regulations estab22 lishing complaint procedures.’’. 

23 (6) PILOT PROGRAM FOR PFC AT NONHUB AIR24 PORTS.—Section 40117(l) is amended— 


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

2 and inserting ‘‘(c)(3)’’; and 

3 (B) by striking ‘‘October 1, 2009.’’ in 

4 paragraph (7) and inserting ‘‘the date of 

5 issuance of regulations to carry out subsection 

6 (c) of this section, as amended by the FAA Air 

7 Transportation Modernization and Safety Im8 provement Act.’’. 

9 (7) PROHIBITION ON APPROVING PFC APPLICA10 TIONS FOR AIRPORT REVENUE DIVERSION.—Section 

11 47111(e) is amended by striking ‘‘sponsor’’ the sec12 ond place it appears in the first sentence and all 

13 that follows and inserting ‘‘sponsor. A sponsor shall 

14 not propose collection or use of passenger facility 

15 charges for any new projects under paragraphs (3) 

16 through (6) of section 40117(c) unless the Secretary 

17 determines that the sponsor has taken corrective ac18 tion to address the violation and the violation no 

19 longer exists.’’. 

20 SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 

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

22 adding at the end thereof the following: 

23 ‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE

24 COLLECTION PILOT PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish and conduct a pilot program at not more than 

3 6 airports under which an eligible agency may im4 pose a passenger facility charge under this section 

5 without regard to the dollar amount limitations set 

6 forth in paragraph (1) or (4) of subsection (b) if the 

7 participating eligible agency meets the requirements 

8 of paragraph (2). 

9 ‘‘(2) COLLECTION REQUIREMENTS.— 

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

11 agency participating in the pilot program— 

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

13 passenger at the facility, via the Internet, 

14 or in any other reasonable manner; but 

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

16 charge to be collected by an air carrier or 

17 foreign air carrier for the flight segment. 

18 ‘‘(B) PFC COLLECTION REQUIREMENT

19 NOT TO APPLY.—Subpart C of part 158 of title 

20 14, Code of Federal Regulations, does not apply 

21 to the collection of the passenger facility charge 

22 imposed by an eligible agency participating in 

23 the pilot program.’’. 

24 (b) GAO STUDY OF ALTERNATIVE MEANS OF COL25 LECTING PFCS.— 


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1 (1) IN GENERAL.—The Comptroller General 

2 shall conduct a study of alternative means of collec3 tion passenger facility charges imposed under section 

4 40117 of title 49, United States Code, that would 

5 permit such charges to be collected without being in6 cluded in the ticket price. In the study, the Comp7 troller General shall consider, at a minimum— 

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

10 (B) cost sharing or fee allocation methods 

11 based on passenger travel to address connecting 

12 traffic; and 

13 (C) examples of airport fees collected by 

14 domestic and international airports that are not 

15 included in ticket prices. 

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

17 date of enactment of this Act, the Comptroller Gen18 eral shall submit a report on the study to the Senate 

19 Committee on Commerce, Science, and Transpor20 tation and the House of Representatives Committee 

21 on Transportation and Infrastructure containing the 

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

24 SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 

25 Section 47107 is amended— 


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1 (1) by striking ‘‘made;’’ in subsection 

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

3 there is a change in airport design standards that 

4 the Secretary determines is beyond the owner or op5 erator’s control that requires the relocation or re6 placement of an existing airport facility, the Sec7 retary, upon the request of the owner or operator, 

8 may grant funds available under section 47114 to 

9 pay the cost of relocating or replacing such facil10 ity;’’; 

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

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

13 serving as noise buffer land;’’; 

14 (3) by striking ‘‘paid to the Secretary for de15 posit in the Fund if another eligible project does not 

16 exist.’’ in subsection (c)(2)(B)(iii) and inserting ‘‘re17 invested in another project at the airport or trans18 ferred to another airport as the Secretary pre19 scribes.’’; and 

20 (4) by redesignating paragraph (3) of sub21 section (c) as paragraph (4) and inserting after 

22 paragraph (2) the following: 

23 ‘‘(3) In approving the reinvestment or transfer of 

24 proceeds under paragraph (2)(C)(iii), the Secretary shall 

25 give preference, in descending order, to— 


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1 ‘‘(i) reinvestment in an approved noise compat2 ibility project; 

3 ‘‘(ii) reinvestment in an approved project that is 

4 eligible for funding under section 47117(e); 

5 ‘‘(iii) reinvestment in an airport development 

6 project that is eligible for funding under section 

7 47114, 47115, or 47117 and meets the requirements 

8 of this chapter; 

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

10 airport to be reinvested in an approved noise com11 patibility project at such airport; and 

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

13 Airport and Airway Trust Fund established under 

14 section 9502 of the Internal Revenue Code of 1986 

15 (26 U.S.C. 9502).’’. 

16 SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 

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

18 (1) by striking ‘‘subsection (b) or subsection 

19 (c)’’ in subsection (a) and inserting ‘‘subsection (b), 

20 (c), or (e)’’; and 

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

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

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

24 hub primary airport changes to a medium hub primary 

25 airport, the United States Government’s share of allowVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 able project costs for the airport may not exceed 95 per2 cent for 2 fiscal years following such change in hub sta3 tus.’’. 

4 (b) TRANSITIONING AIRPORTS.—Section 

5 47114(f)(3)(B) is amended by striking ‘‘year 2004.’’ and 

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

7 SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 

8 Section 47110 is amended— 

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

10 following: 

11 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI12 TIES.—The Secretary may determine that the costs of re13 locating or replacing an airport-owned facility are allow14 able for an airport development project at an airport only 

15 if— 

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

17 paid with funds apportioned to the airport sponsor 

18 under sections 47114(c)(1) or 47114(d)(2); 

19 ‘‘(2) the Secretary determines that the reloca20 tion or replacement is required due to a change in 

21 the Secretary’s design standards; and 

22 ‘‘(3) the Secretary determines that the change 

23 is beyond the control of the airport sponsor.’’; 


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

2 and hangars,’’ in subsection (h) and inserting ‘‘fa3 cilities, as defined by section 47102,’’; and 

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

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

6 180 days after the date of enactment of the FAA Air 

7 Transportation Modernization and Safety Improvement 

8 Act, the Administrator shall analyze the conclusions of on9 going studies of various types of commercially-available 

10 bird radar systems, based upon that analysis, if the Ad11 ministrator determines such systems have no negative im12 pact on existing navigational aids and that the expenditure 

13 of such funds is appropriate, the Administrator shall allow 

14 the purchase of bird-detecting radar systems as an allow15 able airport development project costs subject to sub16 section (b). If a determination is made that such radar 

17 systems will not improve or negatively impact airport safe18 ty, the Administrator shall issue a report to the Senate 

19 Committee on Commerce, Science, and Transportation 

20 and the House of Representatives Committee on Trans21 portation and Infrastructure on why that determination 

22 was made.’’. 

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

24 Section 47133(b) is amended— 


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

2 indented paragraph 2 ems from the left margin; 

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

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

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

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

7 the sale of the airport to a public sponsor if— 

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

9 ‘‘(B) funding is provided under this title 

10 for the public sponsor’s acquisition; and 

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

12 unamortized portion of the original grant, am13 ortized over a 20-year period, is repaid to the 

14 Secretary by the private owner for deposit in 

15 the Trust Fund for airport acquisitions. 

16 ‘‘(3) This subsection shall apply to grants 

17 issued on or after October 1, 1996.’’. 

18 SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 

19 COSTS. 

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

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

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

23 2010, or 2011 under chapter 471 of that title for a project 

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

25 95 percent. 


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1 SEC. 207(b). PROHIBITION ON USE OF PASSENGER FACIL2 ITY CHARGES TO CONSTRUCT BICYCLE STOR3 AGE FACILITIES. 

4 Section 40117(a)(3) is amended— 

5 (1) by redesignating subparagraphs (A) through 

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

7 (2) by striking ‘‘The term’’ and inserting the 

8 following: 

9 ‘‘(A) IN GENERAL.—The term’’; and 

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

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

12 project to construct a bicycle storage facility 

13 may not be considered an eligible airport-re14 lated project.’’. 

15 SEC. 208. MISCELLANEOUS AMENDMENTS. 

16 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF

17 INTEGRATED AIRPORT SYSTEMS.—Section 47103 is 

18 amended— 

19 (1) by striking ‘‘each airport to—’’ in sub20 section (a) and inserting ‘‘the airport system to—’’; 

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

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

23 connection to the surface transportation network; 

24 and’’; 

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

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


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

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

3 subsection (b)(1); 

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

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

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

7 Landing/Very Short Takeoff and Landing aircraft 

8 operations,’’ in subsection (b)(2), as redesignated, 

9 and inserting ‘‘operations’’; and 

10 (8) by striking ‘‘status of the’’ in subsection 

11 (d). 

12 (b) UPDATE VETERANS PREFERENCE DEFINI13 TION.—Section 47112(c) is amended— 

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

15 (1)(B) and inserting ‘‘discharged or released from 

16 active duty in’’; 

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

18 following: 

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

20 individual who served on active duty, as defined by 

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

22 forces for a period of more than 180 consecutive 

23 days, any part of which occurred during the period 

24 beginning on September 11, 2001, and ending on 

25 the date prescribed by Presidential proclamation or 


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1 by law as the last date of Operation Iraqi Free2 dom.’’; 

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

4 and inserting ‘‘veterans, Afghanistan-Iraq war vet5 erans, and’’; and 

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

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

8 airport development project under a grant agreement 

9 under this subchapter must require that a preference be 

10 given to the use of small business concerns (as defined 

11 in section 3 of the Small Business Act (15 U.S.C. 632)) 

12 owned and controlled by disabled veterans.’’. 

13 (c) ANNUAL REPORT.—Section 47131(a) is amend14 ed— 

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

16 1’’; and 

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

18 inserting the following: 

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

20 planning completed; 

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

22 ‘‘(3) an accounting of discretionary and appor23 tioned funds allocated; and 

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


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1 (d) SUNSET OF PROGRAM.—Section 47137 is re2 pealed effective September 30, 2008. 

3 (e) CORRECTION TO EMISSION CREDITS PROVI4 SION.—Section 47139 is amended— 

5 (1) by striking ‘‘47102(3)(F),’’ in subsection 

6 (a); 

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

8 47102(3)(L), or 47140’’ in subsection (b) and in9 serting ‘‘47102(3)(K) or 47102(3)(L)’’; and 

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

11 47102(3)(K), 47102(3)(L), or 47140,’’ in subsection 

12 (b) and inserting ‘‘40117(a)(3)(G), 47102(3)(K), or 

13 47102(3)(L),’’; and 

14 (f) CORRECTION TO SURPLUS PROPERTY AUTHOR15 ITY.—Section 47151(e) is amended by striking ‘‘(other 

16 than real property that is subject to section 2687 of title 

17 10, section 201 of the Defense Authorization Amendments 

18 and Base Closure and Realignment Act (10 U.S.C. 2687 

19 note), or section 2905 of the Defense Base Closure and 

20 Realignment Act of 1990 (10 U.S.C. 2687 note),’’. 

21 (g) AIRPORT CAPACITY BENCHMARK REPORTS; DEF22 INITION OF JOINT USE AIRPORT.—Section 47175 is 

23 amended— 

24 (1) by striking ‘‘Airport Capacity Benchmark 

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


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1 and 2004 Airport Capacity Benchmark Reports or 

2 of the most recent Benchmark report, Future Air3 port Capacity Task Report, or other comparable 

4 FAA report.’’; and 

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

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

7 airport’ means an airport owned by the United 

8 States Department of Defense, at which both mili9 tary and civilian aircraft make shared use of the air10 field.’’. 

11 (h) USE OF APPORTIONED AMOUNTS.—Section 

12 47117(e)(1)(A) is amended— 

13 (1) by striking ‘‘35 percent’’ in the first sen14 tence and inserting ‘‘$300,000,000’’; 

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

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

17 seq.), and for water quality mitigation projects to 

18 comply with the Act of June 30, 1948 (33 U.S.C. 

19 1251 et seq.), approved in an environmental record 

20 of decision for an airport development project under 

21 this title.’’; and 

22 (4) by striking ‘‘such 35 percent requirement 

23 is’’ in the second sentence and inserting ‘‘the re24 quirements of the preceding sentence are’’. 


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1 (i) USE OF PREVIOUS FISCAL YEAR’S APPORTION2 MENT.—Section 47114(c)(1) is amended— 

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

4 subparagraph (E)(ii); 

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

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

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

8 the following: 

9 ‘‘(iv) the airport received scheduled or 

10 unscheduled air service from a large cer11 tified air carrier (as defined in part 241 of 

12 title 14, Code of Federal Regulations, or 

13 such other regulations as may be issued by 

14 the Secretary under the authority of sec15 tion 41709) and the Secretary determines 

16 that the airport had more than 10,000 

17 passenger boardings in the preceding cal18 endar year, based on data submitted to the 

19 Secretary under part 241 of title 14, Code 

20 of Federal Regulations.’’; 

21 (4) in subparagraph (G)— 

22 (A) by striking ‘‘FISCAL YEAR 2006’’ in 

23 the heading and inserting ‘‘FISCAL YEARS 2008 

24 THROUGH 2011’’; 


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1 (B) by striking ‘‘fiscal year 2006’’ and in2 serting ‘‘fiscal years 2008 through 2011’’; 

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

4 following: 

5 ‘‘(i) the average annual passenger 

6 boardings at the airport for calendar years 

7 2004 through 2006 were below 10,000 per 

8 year;’’; and 

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

10 (ii) and inserting ‘‘2003;’’; and 

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

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

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

14 an airport that had more than 10,000 passenger 

15 boardings and scheduled passenger aircraft service 

16 in calendar year 2007, but in either calendar years 

17 2008 or 2009, or both years, the number of pas18 senger boardings decreased to a level below 10,000 

19 boardings per year at such airport, the Secretary 

20 may apportion in fiscal years 2010 or 2011 to the 

21 sponsor of such an airport an amount equal to the 

22 amount apportioned to that sponsor in fiscal year 

23 2009.’’. 


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1 (j) MOBILE REFUELER PARKING CONSTRUCTION.— 

2 Section 47102(3) is amended by adding at the end the 

3 following: 

4 ‘‘(M) construction of mobile refueler park5 ing within a fuel farm at a nonprimary airport 

6 meeting the requirements of section 112.8 of 

7 title 40, Code of Federal Regulations.’’. 

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

9 amended by striking ‘‘of—’’ and all that follows and in10 serting ‘‘of $520,000,000. The amount credited is exclu11 sive of amounts that have been apportioned in a prior fis12 cal year under section 47114 of this title and that remain 

13 available for obligation.’’. 

14 SEC. 209. STATE BLOCK GRANT PROGRAM. 

15 Section 47128 is amended— 

16 (1) by striking ‘‘regulations’’ each place it ap17 pears in subsection (a) and inserting ‘‘guidance’’; 

18 (2) by striking ‘‘grant;’’ in subsection (b)(4) 

19 and inserting ‘‘grant, including Federal environ20 mental requirements or an agreed upon equivalent;’’; 

21 (3) by redesignating subsection (c) as sub22 section (d) and inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) PROJECT ANALYSIS AND COORDINATION RE25 QUIREMENTS.—Any Federal agency that must approve, liVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 cense, or permit a proposed action by a participating State 

2 shall coordinate and consult with the State. The agency 

3 shall utilize the environmental analysis prepared by the 

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

5 as necessary to meet applicable Federal requirements.’’; 

6 and 

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

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

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

10 in the program established under subsection (a) that is 

11 consistent with the program under subsection (a).’’. 

12 SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR RE13 VIEWS. 

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

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

16 studies related to a federally funded airport project or for 

17 special studies or reviews to support approved noise com18 patibility measures in a Part 150 program or environ19 mental mitigation in a Federal Aviation Administration 

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

21 SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

22 PROCEDURES. 

23 Section 47504 is amended by adding at the end the 

24 following: 


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1 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE2 DURES.— 

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

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

5 operator to assist in completing environmental re6 view and assessment activities for proposals to im7 plement flight procedures that have been approved 

8 for airport noise compatibility planning purposes 

9 under subsection (b). 

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

11 Administration may accept funds from an airport 

12 sponsor, including funds provided to the sponsor 

13 under paragraph (1), to hire additional staff or ob14 tain the services of consultants in order to facilitate 

15 the timely processing, review and completion of envi16 ronmental activities associated with proposals to im17 plement flight procedures submitted and approved 

18 for airport noise compatibility planning purposes in 

19 accordance with this section. Funds received under 

20 this authority shall not be subject to the procedures 

21 applicable to the receipt of gifts by the Adminis22 trator.’’. 

23 SEC. 212. SAFETY-CRITICAL AIRPORTS. 

24 Section 47118(c) is amended— 


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1 (1) by striking ‘‘or’’ after the semicolon in 

2 paragraph (1); 

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

4 inserting ‘‘delays; or’’; and 

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

6 ‘‘(3) be critical to the safety of commercial, 

7 military, or general aviation in trans-oceanic 

8 flights.’’. 

9 SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION 

10 PILOT PROGRAM. 

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

12 is amended by adding at the end thereof the following: 

13 ‘‘§ 47143. Environmental mitigation demonstration 

14 pilot program 

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

16 shall carry out a pilot program involving not more than 

17 6 projects at public-use airports under which the Secretary 

18 may make grants to sponsors of such airports from funds 

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

20 such airports for environmental mitigation demonstration 

21 projects that will measurably reduce or mitigate aviation 

22 impacts on noise, air quality or water quality in the vicin23 ity of the airport. Notwithstanding any other provision of 

24 this subchapter, an environmental mitigation demonstraVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 tion project approved under this section shall be treated 

2 as eligible for assistance under this subchapter. 

3 ‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public4 use airport shall be eligible for participation in the pilot. 

5 ‘‘(c) SELECTION CRITERIA.—In selecting from 

6 among applicants for participation in the pilot program, 

7 the Secretary may give priority consideration to environ8 mental mitigation demonstration projects that— 

9 ‘‘(1) will achieve the greatest reductions in air10 craft noise, airport emissions, or airport water qual11 ity impacts either on an absolute basis, or on a per12 dollar-of-funds expended basis; and 

13 ‘‘(2) will be implemented by an eligible consor14 tium. 

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

16 provision of this subchapter, the United States Govern17 ment’s share of the costs of a project carried out under 

18 this section shall be 50 percent. 

19 ‘‘(e) MAXIMUM AMOUNT.—Not more than 

20 $2,500,000 may be made available by the Secretary in 

21 grants under this section for any single project. 

22 ‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis23 trator may develop and publish information identifying 

24 best practices for reducing or mitigating aviation impacts 

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


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

2 program. 

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

4 ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligi5 ble consortium’ means a consortium that comprises 

6 2 or more of the following entities: 

7 ‘‘(A) Businesses operating in the United 

8 States. 

9 ‘‘(B) Public or private educational or re10 search organizations located in the United 

11 States. 

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

13 in the United States. 

14 ‘‘(D) Federal laboratories. 

15 ‘‘(2) ENVIRONMENTAL MITIGATION DEM16 ONSTRATION PROJECT.—The term ‘environmental 

17 mitigation demonstration project’ means a project 

18 that— 

19 ‘‘(A) introduces new conceptual environ20 mental mitigation techniques or technology with 

21 associated benefits, which have already been 

22 proven in laboratory demonstrations; 

23 ‘‘(B) proposes methods for efficient adap24 tation or integration of new concepts to airport 

25 operations; and 


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1 ‘‘(C) will demonstrate whether new tech2 niques or technology for environmental mitiga3 tion identified in research are— 

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

5 multiple public use airports; and 

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

7 emissions, or water quality impacts in 

8 measurably significant amounts.’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for chapter 471 is amended by inserting after the 

11 item relating to section 47142 the following: 

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

12 SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DE13 VELOPMENT PROGRAM. 

14 Section 47110(c) is amended— 

15 (1) by striking ‘‘; or’’ in paragraph (1) and in16 serting a semicolon; 

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

18 inserting ‘‘project; or’’; and 

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

20 ‘‘(3) necessarily incurred in anticipation of se21 vere weather.’’. 

22 SEC. 215. GLYCOL RECOVERY VEHICLES. 

23 Section 47102(3)(G) is amended by inserting ‘‘in24 cluding acquiring glycol recovery vehicles,’’ after ‘‘air25 craft,’’. 


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1 SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT. 

2 Section 44504(b) is amended— 

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

4 paragraph (6); 

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

6 inserting ‘‘aircraft; and’’; and 

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

8 ‘‘(8) to conduct research to support programs 

9 designed to reduce gases and particulates emitted.’’. 

10 SEC. 217. UNITED STATES TERRITORY MINIMUM GUAR11 ANTEE. 

12 Section 47114(e) is amended— 

13 (1) by inserting ‘‘AND ANY UNITED STATES

14 TERRITORY’’ after ‘‘ALASKA’’ in the subsection 

15 heading; and 

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

17 ‘‘(5) UNITED STATES TERRITORY MINIMUM

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

19 amount apportioned to airports in a United States 

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

21 1.5 percent of the total amount apportioned to all 

22 airports under those subsections, the Secretary may 

23 apportion to the local authority in any United States 

24 Territory responsible for airport development 

25 projects in that fiscal year an amount equal to the 

26 difference between 1.5 percent of the total amounts 


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1 apportioned under subsections (c) and (d) in that 

2 fiscal year and the amount otherwise apportioned 

3 under those subsections to airports in a United 

4 States Territory in that fiscal year.’’. 

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

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, including the Federal Airport Act (as in effect 

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

9 monetary consideration, all restrictions, conditions, and 

10 limitations on the use, encumbrance, or conveyance of cer11 tain land located in the municipality of Anchorage, Alaska, 

12 more particularly described as Tracts 22 and 24 of the 

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

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

15 June 13, 1923, on file in the Bureau of Land Manage16 ment, Department of Interior. 

17 (b) GRANTS.—Notwithstanding any other provision 

18 of law, the municipality of Anchorage shall be released 

19 from the repayment of any outstanding grant obligations 

20 owed by the municipality to the Federal Aviation Adminis21 tration with respect to any land described in subsection 

22 (a) that is subsequently conveyed to or used by the De23 partment of Transportation and Public Facilities of the 

24 State of Alaska for the construction or reconstruction of 

25 a federally subsidized highway project. 


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1 SEC. 219. RELEASE FROM RESTRICTIONS. 

2 (a) IN GENERAL.—Subject to subsection (b), and 

3 notwithstanding section 16 of the Federal Airport Act (as 

4 in effect on August 28, 1973) and sections 47125 and 

5 47153 of title 49, United States Code, the Secretary of 

6 Transportation is authorized to grant releases from any 

7 of the terms, conditions, reservations, and restrictions con8 tained in the deed of conveyance dated August 28, 1973, 

9 under which the United States conveyed certain property 

10 to the city of St. George, Utah, for airport purposes. 

11 (b) CONDITION.—Any release granted by the Sec12 retary of Transportation pursuant to subsection (a) shall 

13 be subject to the following conditions: 

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

15 that in conveying any interest in the property which 

16 the United States conveyed to the city by deed on 

17 August 28, 1973, the city will receive an amount for 

18 such interest which is equal to its fair market value. 

19 (2) Any amount received by the city under 

20 paragraph (1) shall be used by the city of St. 

21 George, Utah, for the development or improvement 

22 of a replacement public airport. 

23 SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS. 

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

25 inserting ‘‘three’’ in its place. 


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1 SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING 

2 GROUP. 

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

4 an airport sustainability working group to assist the Ad5 ministrator with issues pertaining to airport sustainability 

6 practices. 

7 (b) MEMBERSHIP.—The Working Group shall be 

8 comprised of not more than 15 members including— 

9 (1) the Administrator; 

10 (2) 5 member organizations representing avia11 tion interests including: 

12 (A) an organization representing airport 

13 operators; 

14 (B) an organization representing airport 

15 employees; 

16 (C) an organization representing air car17 riers; 

18 (D) an organization representing airport 

19 development and operations experts; 

20 (E) a labor organization representing avia21 tion employees. 

22 (3) 9 airport chief executive officers which shall 

23 include: 

24 (A) at least one from each of the FAA Re25 gions; 

26 (B) at least 1 large hub; 


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1 (C) at least 1 medium hub; 

2 (D) at least 1 small hub; 

3 (E) at least 1 non hub; 

4 (F) at least 1 general aviation airport. 

5 (c) FUNCTIONS.— 

6 (1) develop consensus-based best practices and 

7 metrics for the sustainable design, construction, 

8 planning, maintenance, and operation of an airport 

9 that comply with the guidelines prescribed by the 

10 Administrator; 

11 (2) develop standards for a consensus-based 

12 rating system based on the aforementioned best 

13 practices, metrics, and ratings; and 

14 (3) develop standards for a voluntary ratings 

15 process, based on the aforementioned best practices, 

16 metrics, and ratings; 

17 (4) examine and submit recommendations for 

18 the industry’s next steps with regard to sustain19 ability. 

20 (d) DETERMINATION.—The Administrator shall pro21 vide assurance that the best practices developed by the 

22 working group under paragraph (a) are not in conflict 

23 with any federal aviation or federal, state or local environ24 mental regulation. 


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1 (e) UNPAID POSITION.—Working Group members 

2 shall serve at their own expense and receive no salary, re3 imbursement of travel expenses, or other compensation 

4 from the Federal Government. 

5 (f) NONAPPLICABILITY OF FACA.—The Federal Ad6 visory Committee Act (5 U.S.C. App.) shall not apply to 

7 the Working Group under this section. 

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

9 of enactment the Working Group shall submit a report 

10 to the Administrator containing the best practices and 

11 standards contained in paragraph (c). After receiving the 

12 report, the Administrator may publish such best practices 

13 in order to disseminate the information to support the sus14 tainable design, construction, planning, maintenance, and 

15 operations of airports. 

16 (h) No funds may be authorized to carry out this pro17 vision. 

18 SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFI19 CIENCY OF AIRPORT BUILDINGS IN AIRPORT 

20 IMPROVEMENT PROJECTS. 

21 Section 47101(a) is amended— 

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

23 inserting a semicolon; 

24 (2) in paragraph (13), by striking the period 

25 and inserting ‘‘; and’’; and 


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

2 ‘‘(14) that the airport improvement program 

3 should be administered to allow measures to improve 

4 the efficiency of airport buildings to be included in 

5 airport improvement projects, such as measures de6 signed to meet one or more of the criteria for being 

7 a high-performance green building set forth in sec8 tion 401(13) of the Energy Independence and Secu9 rity Act of 2007 (42 U.S.C. 17061(13)), if any sig10 nificant increase in upfront project costs from any 

11 such measure is justified by expected savings over 

12 the lifecycle of the project.’’. 

13 SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIR14 PORT IMPROVEMENT IN PROPORTION TO 

15 AMOUNTS OF AIR TRAFFIC. 

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

17 180 days after the date of the enactment of this Act, the 

18 Administrator of the Federal Aviation Administration 

19 shall— 

20 (1) complete a study on the feasibility and ad21 visability of apportioning amounts under section 

22 47114(c)(1) of title 49, United States Code, to the 

23 sponsor of each primary airport for each fiscal year 

24 an amount that bears the same ratio to the amount 

25 subject to the apportionment for fiscal year 2009 as 


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1 the number of passenger boardings at the airport 

2 during the prior calendar year bears to the aggre3 gate of all passenger boardings at all primary air4 ports during that calendar year; and 

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

6 completed under paragraph (1). 

7 (b) REPORT CONTENTS.—The report required by 

8 subsection (a)(2) shall include the following: 

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

10 subsection (a)(1). 

11 (2) The findings of the Administrator with re12 spect to such study. 

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

14 that received an amount under section 47114(c)(1) 

15 of title 49, United States Code, in 2009. 

16 (4) For each sponsor listed in accordance with 

17 paragraph (3), the following: 

18 (A) The amount such sponsor received, if 

19 any, in 2005, 2006, 2007, 2008, and 2009 

20 under such section 47114(c)(1). 

21 (B) An explanation of how the amount 

22 awarded to such sponsor was determined. 

23 (C) The average number of air passenger 

24 flights serviced each month at the airport of 

25 such sponsor in 2009. 


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1 (D) The number of enplanements for air 

2 passenger transportation at such airport in 

3 2005, 2006, 2007, 2008, and 2009. 

4 TITLE III—AIR TRAFFIC CON5 TROL MODERNIZATION AND 

6 FAA REFORM 

7 SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER8 SIGHT BOARD. 

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

10 ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER11 SIGHT BOARD.— 

12 ‘‘(1) ESTABLISHMENT.—Within 90 days after 

13 the date of enactment of the FAA Air Transpor14 tation Modernization and Safety Improvement Act, 

15 the Secretary shall establish and appoint the mem16 bers of an advisory Board which shall be known as 

17 the Air Traffic Control Modernization Oversight 

18 Board. 

19 ‘‘(2) MEMBERSHIP.—The Board shall be com20 prised of the individual appointed or designated 

21 under section 302 of the FAA Air Transportation 

22 Modernization and Safety Improvement Act (who 

23 shall serve ex officio without the right to vote) and 

24 9 other members, who shall consist of— 


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1 ‘‘(A) the Administrator and a representa2 tive from the Department of Defense; 

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

4 responsibility to represent the public interest; 

5 and 

6 ‘‘(C) 6 members representing aviation in7 terests, as follows: 

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

9 executive officer of an airport. 

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

11 executive officer of a passenger or cargo 

12 air carrier. 

13 ‘‘(iii) 1 representative of a labor orga14 nization representing employees at the 

15 Federal Aviation Administration that are 

16 involved with the operation of the air traf17 fic control system. 

18 ‘‘(iv) 1 representative with extensive 

19 operational experience in the general avia20 tion community. 

21 ‘‘(v) 1 representative from an aircraft 

22 manufacturer. 

23 ‘‘(vi) 1 representative of a labor orga24 nization representing employees at the 

25 Federal Aviation Administration who are 


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1 involved with maintenance of the air traffic 

2 control system. 

3 ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 

4 ‘‘(A) Members of the Board appointed 

5 under paragraphs (2)(B) and (2)(C) shall be 

6 appointed by the President, by and with the ad7 vice and consent of the Senate. 

8 ‘‘(B) Members of the Board appointed 

9 under paragraph (2)(B) shall be citizens of the 

10 United States and shall be appointed without 

11 regard to political affiliation and solely on the 

12 basis of their professional experience and exper13 tise in one or more of the following areas and, 

14 in the aggregate, should collectively bring to 

15 bear expertise in— 

16 ‘‘(i) management of large service or17 ganizations; 

18 ‘‘(ii) customer service; 

19 ‘‘(iii) management of large procure20 ments; 

21 ‘‘(iv) information and communications 

22 technology; 

23 ‘‘(v) organizational development; and 

24 ‘‘(vi) labor relations. 


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

2 paragraphs (2)(B) and (2)(C)— 

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

4 1 year; 

5 ‘‘(ii) 1 shall be appointed for a term 

6 of 2 years; 

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

8 of 3 years; and 

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

10 of 4 years. 

11 ‘‘(4) FUNCTIONS.— 

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

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

14 Administration’s modernization programs, 

15 budget, and cost accounting system; 

16 ‘‘(ii) review the Administration’s stra17 tegic plan and make recommendations on 

18 the non-safety program portions of the 

19 plan, and provide advice on the safety pro20 grams of the plan; 

21 ‘‘(iii) review the operational efficiency 

22 of the air traffic control system and make 

23 recommendations on the operational and 

24 performance metrics for that system; 


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1 ‘‘(iv) approve procurements of air 

2 traffic control equipment in excess of 

3 $100,000,000; 

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

5 the Administrator’s budget request for fa6 cilities and equipment prior to its submis7 sion to the Office of Management and 

8 budget, including which programs are pro9 posed to be funded from the Air Traffic 

10 control system Modernization Account of 

11 the Airport and Airway Trust Fund; 

12 ‘‘(vi) approve the Federal Aviation 

13 Administration’s Capital Investment Plan 

14 prior to its submission to the Congress; 

15 ‘‘(vii) annually review and make rec16 ommendations on the NextGen Implemen17 tation Plan; 

18 ‘‘(viii) approve the Administrator’s se19 lection of the Chief NextGen Officer ap20 pointed or designated under section 302(a) 

21 of the FAA Air Transportation Moderniza22 tion and Safety Improvement Act; and 

23 ‘‘(ix) approve the selection of the head 

24 of the Joint Planning and Development 

25 Office. 


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1 ‘‘(B) MEETINGS.—The Board shall meet 

2 on a regular and periodic basis or at the call of 

3 the Chairman or of the Administrator. 

4 ‘‘(C) ACCESS TO DOCUMENTS AND

5 STAFF.—The Administration may give the 

6 Board appropriate access to relevant documents 

7 and personnel of the Administration, and the 

8 Administrator shall make available, consistent 

9 with the authority to withhold commercial and 

10 other proprietary information under section 552 

11 of title 5, cost data associated with the acquisi12 tion and operation of air traffic control systems. 

13 Any member of the Board who receives com14 mercial or other proprietary data from the Ad15 ministrator shall be subject to the provisions of 

16 section 1905 of title 18, pertaining to unauthor17 ized disclosure of such information. 

18 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT

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

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

21 rulemaking committees as the Administrator shall 

22 designate. 

23 ‘‘(6) ADMINISTRATIVE MATTERS.— 

24 ‘‘(A) TERMS OF MEMBERS.—Except as 

25 provided in paragraph (3)(C), members of the 


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

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

3 ‘‘(B) REAPPOINTMENT.—No individual 

4 may be appointed to the Board for more than 

5 8 years total. 

6 ‘‘(C) VACANCY.—Any vacancy on the 

7 Board shall be filled in the same manner as the 

8 original position. Any member appointed to fill 

9 a vacancy occurring before the expiration of the 

10 term for which the member’s predecessor was 

11 appointed shall be appointed for a term of 4 

12 years. 

13 ‘‘(D) CONTINUATION IN OFFICE.—A mem14 ber of the Board whose term expires shall con15 tinue to serve until the date on which the mem16 ber’s successor takes office. 

17 ‘‘(E) REMOVAL.—Any member of the 

18 Board appointed under paragraph (2)(B) or 

19 (2)(C) may be removed by the President for 

20 cause. 

21 ‘‘(F) CLAIMS AGAINST MEMBERS OF THE

22 BOARD.— 

23 ‘‘(i) IN GENERAL.—A member ap24 pointed to the Board shall have no per25 sonal liability under State or Federal law 


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1 with respect to any claim arising out of or 

2 resulting from an act or omission by such 

3 member within the scope of service as a 

4 member of the Board. 

5 ‘‘(ii) EFFECT ON OTHER LAW.—This 

6 subparagraph shall not be construed— 

7 ‘‘(I) to affect any other immunity 

8 or protection that may be available to 

9 a member of the Board under applica10 ble law with respect to such trans11 actions; 

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

13 remedy against the United States 

14 under applicable law; or 

15 ‘‘(III) to limit or alter in any way 

16 the immunities that are available 

17 under applicable law for Federal offi18 cers and employees. 

19 ‘‘(G) ETHICAL CONSIDERATIONS.—Each 

20 member of the Board appointed under para21 graph (2)(B) must certify that the member— 

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

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

24 or aeronautical enterprise, except an inter25 est in a diversified mutual fund or an inVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 terest that is exempt from the application 

2 of section 208 of title 18; 

3 ‘‘(ii) does not engage in another busi4 ness related to aviation or aeronautics; and 

5 ‘‘(iii) is not a member of any organi6 zation that engages, as a substantial part 

7 of its activities, in activities to influence 

8 aviation-related legislation. 

9 ‘‘(H) CHAIRMAN; VICE CHAIRMAN.—The 

10 Board shall elect a chair and a vice chair from 

11 among its members, each of whom shall serve 

12 for a term of 2 years. The vice chair shall per13 form the duties of the chairman in the absence 

14 of the chairman. 

15 ‘‘(I) COMPENSATION.—No member shall 

16 receive any compensation or other benefits from 

17 the Federal Government for serving on the 

18 Board, except for compensation benefits for in19 juries under subchapter I of chapter 81 of title 

20 5 and except as provided under subparagraph 

21 (J). 

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

23 Board shall be paid actual travel expenses and 

24 per diem in lieu of subsistence expenses when 


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1 away from his or her usual place of residence, 

2 in accordance with section 5703 of title 5. 

3 ‘‘(K) BOARD RESOURCES.—From re4 sources otherwise available to the Adminis5 trator, the Chairman shall appoint such staff to 

6 assist the board and provide impartial analysis, 

7 and the Administrator shall make available to 

8 the Board such information and administrative 

9 services and assistance, as may reasonably be 

10 required to enable the Board to carry out its re11 sponsibilities under this subsection. 

12 ‘‘(L) QUORUM AND VOTING.—A simple 

13 majority of members of the Board duly ap14 pointed shall constitute a quorum. A majority 

15 vote of members present and voting shall be re16 quired for the Committee to take action. 

17 ‘‘(7) AIR TRAFFIC CONTROL SYSTEM DE18 FINED.—In this subsection, the term ‘air traffic con19 trol system’ has the meaning given that term in sec20 tion 40102(a).’’. 

21 SEC. 302. NEXTGEN MANAGEMENT. 

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

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

24 to be responsible for implementation of all Administration 


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1 programs associated with the Next Generation Air Trans2 portation System. 

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

4 designated under subsection (a) shall— 

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

7 (2) coordinate implementation of those 

8 NextGen programs with the Office of Management 

9 and Budget; 

10 (3) develop an annual NextGen implementation 

11 plan; 

12 (4) ensure that Next Generation Air Transpor13 tation System implementation activities are planned 

14 in such a manner as to require that system architec15 ture is designed to allow for the incorporation of 

16 novel and currently unknown technologies into the 

17 System in the future and that current decisions do 

18 not bias future decisions unfairly in favor of existing 

19 technology at the expense of innovation; and 

20 (5) oversee the Joint Planning and Develop21 ment Office’s facilitation of cooperation among all 

22 Federal agencies whose operations and interests are 

23 affected by implementation of the NextGen pro24 grams. 


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1 SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF2 FIC SERVICES. 

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

4 following: 

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

6 what actions to take, by rule or through an agree7 ment or transaction under paragraph (6) or under 

8 section 44502, to permit non-Government providers 

9 of communications, navigation, surveillance or other 

10 services to provide such services in the National Air11 space System, or to require the usage of such serv12 ices, the Administrator shall consider whether such 

13 actions would— 

14 ‘‘(A) promote the safety of life and prop15 erty; 

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

17 Airspace System and reduce the regulatory bur18 den upon National Airspace System users, 

19 based upon sound engineering principles, user 

20 operational requirements, and marketplace de21 mands; 

22 ‘‘(C) encourage competition and provide 

23 services to the largest feasible number of users; 

24 and 

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

26 served by general aviation.’’. 


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1 SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 

2 REIMBURSABLE AGREEMENTS. 

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

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

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

7 Section 40110(c) is amended— 

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

9 paragraph (3); 

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

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

13 SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 

14 Section 40113(e) is amended— 

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

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

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

18 inserting ‘‘safety or efficiency. The Administrator is 

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

21 and to contract with foreign aviation authorities to 

22 provide these services consistent with the provisions 

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

25 provision of law or policy, to accept payments in ar26 rears.’’; and 


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1 (3) by striking ‘‘appropriation from which ex2 penses were incurred in providing such services.’’ in 

3 paragraph (3) and inserting ‘‘appropriation current 

4 when the expenditures are or were paid, or the ap5 propriation current when the amount is received.’’. 

6 SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 

7 Section 40122(g)(2) is amended— 

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

9 subparagraph (G); 

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

11 and inserting ‘‘Board; and’’; and 

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

13 subparagraph: 

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

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

18 to Meritorious Senior Professional or Distin19 guished Senior Professional rank awards), ex20 cept that— 

21 ‘‘(i) for purposes of applying such 

22 provisions to the personnel management 

23 system— 

24 ‘‘(I) the term ‘agency’ means the 

25 Department of Transportation; 


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1 ‘‘(II) the term ‘senior executive’ 

2 means a Federal Aviation Administra3 tion executive; 

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

5 means a Federal Aviation Administra6 tion career executive; and 

7 ‘‘(IV) the term ‘senior career em8 ployee’ means a Federal Aviation Ad9 ministration career senior profes10 sional; 

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

12 the rank of Meritorious Executive or Meri13 torious Senior Professional entitles such 

14 individual to a lump-sum payment of an 

15 amount equal to 20 percent of annual 

16 basic pay, which shall be in addition to the 

17 basic pay paid under the Federal Aviation 

18 Administration Executive Compensation 

19 Plan; and 

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

21 the rank of Distinguished Executive or 

22 Distinguished Senior Professional entitles 

23 the individual to a lump-sum payment of 

24 an amount equal to 35 percent of annual 

25 basic pay, which shall be in addition to the 


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1 basic pay paid under the Federal Aviation 

2 Administration Executive Compensation 

3 Plan.’’. 

4 SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS5 MENT. 

6 (a) FAA CRITERIA FOR FACILITIES REALIGN7 MENT.—Within 9 months after the date of enactment of 

8 this Act, the Administrator, after providing an opportunity 

9 for public comment, shall publish final criteria to be used 

10 in making the Administrator’s recommendations for the 

11 realignment of services and facilities to assist in the tran12 sition to next generation facilities and help reduce capital, 

13 operating, maintenance, and administrative costs with no 

14 adverse effect on safety. 

15 (b) REALIGNMENT RECOMMENDATIONS.—Within 9 

16 months after publication of the criteria, the Administrator 

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

18 Administrator recommends for realignment, including a 

19 justification for each recommendation and a description 

20 of the costs and savings of such transition, in the Federal 

21 Register and allow 45 days for the submission of public 

22 comments to the Board. In addition, the Administrator 

23 upon request shall hold a public hearing in any community 

24 that would be affected by a recommendation in the report. 


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1 (c) STUDY BY BOARD.—The Air Traffic Control 

2 Modernization Oversight Board established by section 

3 106(p) of title 49, United States Code, shall study the Ad4 ministrator’s recommendations for realignment and the 

5 opportunities, risks, and benefits of realigning services and 

6 facilities of the Administration to help reduce capital, op7 erating, maintenance, and administrative costs with no ad8 verse effect on safety. 

9 (d) REVIEW AND RECOMMENDATIONS.— 

10 (1) Based on its review and analysis of the Ad11 ministrator’s recommendations and any public com12 ment it may receive, the Board shall make its inde13 pendent recommendations for realignment of avia14 tion services or facilities and submit its rec15 ommendations in a report to the President, the Sen16 ate Committee on Commerce, Science, and Trans17 portation, and the House of Representatives Com18 mittee on Transportation and Infrastructure. 

19 (2) The Board shall explain and justify in its 

20 report any recommendation made by the Board that 

21 is different from the recommendations made by the 

22 Administrator pursuant to subsection (b). 

23 (3) The Administrator may not realign any air 

24 traffic control facilities or regional offices until the 

25 Board’s recommendations are complete, unless for 


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1 each proposed realignment the Administrator and 

2 each exclusive bargaining representative certified 

3 under section 7114 of title 5, United States Code, 

4 of affected employees execute a written agreement 

5 regarding the proposed realignment. 

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

7 term ‘‘realignment’’— 

8 (1) means a relocation or reorganization of 

9 functions, services, or personnel positions, including 

10 a facility closure, consolidation, deconsolidation, col11 location, decombining, decoupling, split, or inter-fa12 cility or inter-regional reorganization that requires a 

13 reassignment of employees; but 

14 (2) does not include a reduction in personnel 

15 resulting from workload adjustments. 

16 SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS17 TEM IMPLEMENTATION OFFICE. 

18 (a) IMPROVED COOPERATION AND COORDINATION

19 AMONG PARTICIPATING AGENCIES.—Section 709 of the 

20 Vision 100—Century of Aviation Reauthorization Act (49 

21 U.S.C. 40101 note) is amended— 

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

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

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

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


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1 report to the Chief NextGen Officer appointed or 

2 designated under section 302(a) of the FAA Air 

3 Transportation Modernization and Safety Improve4 ment Act.’’; 

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

6 (a)(3); 

7 (4) by inserting after subsection (a)(3) the fol8 lowing: 

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

10 Defense, the Administrator of the National Aer11 onautics and Space Administration, the Sec12 retary of Commerce, the Secretary of Homeland 

13 Security, and the head of any other Department 

14 or Federal agency from which the Secretary of 

15 Transportation requests assistance under sub16 paragraph (A) shall designate an implementa17 tion office to be responsible for— 

18 ‘‘(i) carrying out the Department or 

19 agency’s Next Generation Air Transpor20 tation System implementation activities 

21 with the Office; 

22 ‘‘(ii) liaison and coordination with 

23 other Departments and agencies involved 

24 in Next Generation Air Transportation 

25 System activities; and 


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1 ‘‘(iii) managing all Next Generation 

2 Air Transportation System programs for 

3 the Department or agency, including nec4 essary budgetary and staff resources, in5 cluding, for the Federal Aviation Adminis6 tration, those projects described in section 

7 44501(b)(5) of title 49, United States 

8 Code). 

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

10 agency shall ensure that— 

11 ‘‘(i) the Department’s or agency’s 

12 Next Generation Air Transportation Sys13 tem responsibilities are clearly commu14 nicated to the designated office; and 

15 ‘‘(ii) the performance of supervisory 

16 personnel in that office in carrying out the 

17 Department’s or agency’s Next Generation 

18 Air Transportation System responsibilities 

19 is reflected in their annual performance 

20 evaluations and compensation decisions. 

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

22 enactment of the FAA Air Transportation Mod23 ernization and Safety Improvement Act, the 

24 head of each such Department or agency shall 

25 execute a memorandum of understanding with 


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1 the Office and with the other Departments and 

2 agencies participating in the Next Generation 

3 Air Transportation System project that— 

4 ‘‘(I) describes the respective respon5 sibilities of each such Department and 

6 agency, including budgetary commitments; 

7 and 

8 ‘‘(II) the budgetary and staff re9 sources committed to the project. 

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

11 necessary to reflect any changes in such respon12 sibilities or commitments and be reflected in 

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

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

15 in the Federal Aviation Administration’s operational 

16 evolution plan’’ in subsection (b); 

17 (6) by striking ‘‘research and development road18 map’’ in subsection (b)(3) and inserting ‘‘implemen19 tation plan’’; 

20 (7) by striking ‘‘and’’ after the semicolon in 

21 subsection (b)(3)(B); 

22 (8) by inserting after subsection (b)(3)(C) the 

23 following: 

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

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1 tion of the Next Generation Air Transportation 

2 System within a timeframe consistent with the 

3 integrated plan; and’’; 

4 (9) by inserting ‘‘and key technologies’’ after 

5 ‘‘concepts’’ in subsection (b)(4); 

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

7 and inserting ‘‘users, an implementation plan,’’; 

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

9 following: 

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

11 Air Transportation Modernization and Safety Improve12 ment Act, the Administrator shall develop the implementa13 tion plan described in paragraph (3) of this subsection and 

14 shall update it annually thereafter.’’; and 

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

16 inserting ‘‘2011.’’. 

17 (b) SENIOR POLICY COMMITTEE MEETINGS.—Sec18 tion 710(a) of such Act (49 U.S.C. 40101 note) is amend19 ed by striking ‘‘Secretary.’’ and inserting ‘‘Secretary and 

20 shall meet at least once each quarter.’’. 

21 SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 

22 Section 40102(a)(4) is amended— 

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

24 the following: 


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1 ‘‘(B) runway lighting and airport surface 

2 visual and other navigation aids;’’; 

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

4 radio-directional finding, or radio or other electro5 magnetic communication; and’’ in subparagraph (C) 

6 and inserting ‘‘aeronautical and meteorological infor7 mation to air traffic control facilities or aircraft, 

8 supplying communication, navigation or surveillance 

9 equipment for air-to-ground or air-to-air applica10 tions;’’; 

11 (3) by striking ‘‘another structure’’ in subpara12 graph (D) and inserting ‘‘any structure, equip13 ment,’’; 

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

15 and inserting ‘‘aircraft; and’’; and 

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

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

18 dedicated to the National Airspace System.’’. 

19 SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN20 TORY. 

21 Section 40110(a)(2) is amended by striking ‘‘com22 pensation; and’’ and inserting ‘‘compensation, and the 

23 amount received may be credited to the appropriation cur24 rent when the amount is received; and’’. 


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1 SEC. 312. EDUCATIONAL REQUIREMENTS. 

2 The Administrator shall make payments to the De3 partment of Defense for the education of dependent chil4 dren of those Administration employees in Puerto Rico 

5 and Guam as they are subject to transfer by policy and 

6 practice and meet the eligibility requirements of section 

7 2164(c) of title 10, United States Code. 

8 SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM. 

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

10 ‘‘(2) DISPUTE RESOLUTION.— 

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

12 does not reach an agreement under paragraph 

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

14 bargaining representatives, the services of the 

15 Federal Mediation and Conciliation Service 

16 shall be used to attempt to reach such agree17 ment in accordance with part 1425 of title 29, 

18 Code of Federal Regulations. The Adminis19 trator and bargaining representatives may by 

20 mutual agreement adopt procedures for the res21 olution of disputes or impasses arising in the 

22 negotiation of a collective-bargaining agree23 ment. 

24 ‘‘(B) BINDING ARBITRATION.—If the serv25 ices of the Federal Mediation and Conciliation 

26 Service under subparagraph (A) do not lead to 


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1 an agreement, the Administrator and the bar2 gaining representatives shall submit their issues 

3 in controversy to the Federal Service Impasses 

4 Panel in accordance with section 7119 of title 

5 5. The Panel shall assist the parties in resolv6 ing the impasse by asserting jurisdiction and 

7 ordering binding arbitration by a private arbi8 tration board consisting of 3 members in ac9 cordance with section 2471.6(a)(2)(ii) of title 5, 

10 Code of Federal Regulations. The executive di11 rector of the Panel shall request a list of not 

12 less than 15 names of arbitrators with Federal 

13 sector experience from the director of the Fed14 eral Mediation and Conciliation Service to be 

15 provided to the Administrator and the bar16 gaining representatives. Within 10 days after 

17 receiving the list, the parties shall each select 1 

18 person. The 2 arbitrators shall then select a 

19 third person from the list within 7 days. If the 

20 2 arbitrators are unable to agree on the third 

21 person, the parties shall select the third person 

22 by alternately striking names from the list until 

23 only 1 name remains. If the parties do not 

24 agree on the framing of the issues to be sub25 mitted, the arbitration board shall frame the 


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1 issues. The arbitration board shall give the par2 ties a full and fair hearing, including an oppor3 tunity to present evidence in support of their 

4 claims, and an opportunity to present their case 

5 in person, by counsel, or by other representative 

6 as they may elect. Decisions of the arbitration 

7 board shall be conclusive and binding upon the 

8 parties. The arbitration board shall render its 

9 decision within 90 days after its appointment. 

10 The Administrator and the bargaining rep11 resentative shall share costs of the arbitration 

12 equally. The arbitration board shall take into 

13 consideration the effect of its arbitration deci14 sions on the Federal Aviation Administration’s 

15 ability to attract and retain a qualified work16 force and the Federal Aviation Administration’s 

17 budget. 

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

19 agreement or at the conclusion of the binding 

20 arbitration under subparagraph (B) above, the 

21 final agreement, except for those matters de22 cided by the arbitration board, shall be subject 

23 to ratification by the exclusive representative, if 

24 so requested by the exclusive representative, 


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1 and approval by the head of the agency in ac2 cordance with subsection (g)(2)(C). 

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

4 provisions of this paragraph shall be in the 

5 United States District Court for the District of 

6 Columbia.’’. 

7 SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES. 

8 (a) OEP AIRPORT PROCEDURES.— 

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

10 date of enactment of this Act, the Administrator 

11 shall publish a report, after consultation with rep12 resentatives of appropriate Administration employee 

13 groups, airport operators, air carriers, general avia14 tion representatives, and aircraft manufacturers that 

15 includes the following: 

16 (A) RNP/RNAV OPERATIONS.—The re17 quired navigation performance and area naviga18 tion operations, including the procedures to be 

19 developed, certified, and published and the air 

20 traffic control operational changes, to maximize 

21 the efficiency and capacity of NextGen commer22 cial operations at the 35 Operational Evolution 

23 Partnership airports identified by the Adminis24 tration. 


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1 (B) COORDINATION AND IMPLEMENTATION

2 ACTIVITIES.—A description of the activities and 

3 operational changes and approvals required to 

4 coordinate and utilize those procedures at those 

5 airports. 

6 (C) IMPLEMENTATION PLAN.—A plan for 

7 implementing those procedures that estab8 lishes— 

9 (i) clearly defined budget, schedule, 

10 project organization, and leadership re11 quirements; 

12 (ii) specific implementation and tran13 sition steps; and 

14 (iii) baseline and performance metrics 

15 for measuring the Administration’s 

16 progress in implementing the plan, includ17 ing the percentage utilization of required 

18 navigation performance in the National 

19 Airspace System. 

20 (D) COST/BENEFIT ANALYSIS FOR THIRD21 PARTY USAGE.—An assessment of the costs and 

22 benefits of using third parties to assist in the 

23 development of the procedures. 

24 (E) ADDITIONAL PROCEDURES.—A process 

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1 tion of additional required navigation perform2 ance and area navigation procedures that may 

3 be required at such airports in the future. 

4 (2) IMPLEMENTATION SCHEDULE.—The Ad5 ministrator shall certify, publish, and implement— 

6 (A) 30 percent of the required procedures 

7 within 18 months after the date of enactment 

8 of this Act; 

9 (B) 60 percent of the procedures within 36 

10 months after the date of enactment of this Act; 

11 and 

12 (C) 100 percent of the procedures before 

13 January 1, 2014. 

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

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

16 2014, the Administrator shall publish a report, after 

17 consultation with representatives of appropriate Ad18 ministration employee groups, airport operators, and 

19 air carriers, that includes a plan for applying the 

20 procedures, requirements, criteria, and metrics de21 scribed in subsection (a)(1) to other airports across 

22 the Nation. 

23 (2) IMPLEMENTATION SCHEDULE.—The Ad24 ministrator shall certify, publish, and implement— 


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1 (A) 25 percent of the required procedures 

2 at such other airports before January 1, 2015; 

3 (B) 50 percent of the procedures at such 

4 other airports before January 1, 2016; 

5 (C) 75 percent of the procedures at such 

6 other airports before January 1, 2017; and 

7 (D) 100 percent of the procedures before 

8 January 1, 2018. 

9 (c) ESTABLISHMENT OF PRIORITIES.—The Adminis10 trator shall extend the charter of the Performance Based 

11 Navigation Aviation Rulemaking Committee as necessary 

12 to authorize and request it to establish priorities for the 

13 development, certification, publication, and implementa14 tion of the navigation performance and area navigation 

15 procedures based on their potential safety and congestion 

16 benefits. 

17 (d) COORDINATED AND EXPEDITED REVIEW.—Navi18 gation performance and area navigation procedures devel19 oped, certified, published, and implemented under this sec20 tion shall be presumed to be covered by a categorical ex21 clusion (as defined in section 1508.4 of title 40, Code of 

22 Federal Regulations) under chapter 3 of FAA Order 

23 1050.1E unless the Administrator determines that ex24 traordinary circumstances exist with respect to the proce25 dure. 


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1 (e) DEPLOYMENT PLAN FOR NATIONWIDE DATA

2 COMMUNICATIONS SYSTEM.—Within 1 year after the date 

3 of enactment of this Act, the Administrator shall submit 

4 a plan for implementation of a nationwide communications 

5 system to the Senate Committee on Commerce, Science, 

6 and Transportation and the House of Representatives 

7 Committee on Transportation and Infrastructure. The 

8 plan shall include— 

9 (1) clearly defined budget, schedule, project or10 ganization, and leadership requirements; 

11 (2) specific implementation and transition 

12 steps; and 

13 (3) baseline and performance metrics for meas14 uring the Administration’s progress in implementing 

15 the plan. 

16 (f) IMPROVED PERFORMANCE STANDARDS.—Within 

17 90 days after the date of enactment of this Act, the Ad18 ministrator shall submit a report to the Senate committee 

19 on commerce, Science, and Transportation and the House 

20 of Representatives Committee on Transportation and In21 frastructure that— 

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

23 RNP, and other technologies as part of the NextGen 

24 Air Transportation System implementation plan will 

25 display the position of aircraft more accurately and 


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1 frequently so as to enable a more efficient use of ex2 isting airspace and result in reduced consumption of 

3 aviation fuel and aircraft engine emissions; 

4 (2) evaluates the feasibility of reducing aircraft 

5 separation standards in a safe manner as a result of 

6 implementation of such technologies; and 

7 (3) if the Administrator determines that such 

8 standards can be reduced safely, includes a timetable 

9 for implementation of such reduced standards. 

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

11 (a) IN GENERAL.— 

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

13 the date of enactment of this Act, the Administrator 

14 shall submit a report to the Senate Committee on 

15 Commerce, Science, and Transportation and the 

16 House of Representatives Committee on Transpor17 tation and Infrastructure detailing the Administra18 tion’s program and schedule for integrating ADS–B 

19 technology into the National Airspace System. The 

20 report shall include— 

21 (A) a clearly defined budget, schedule, 

22 project organization, leadership, and the spe23 cific implementation or transition steps required 

24 to achieve these ADS–B ground station instal25 lation goals; 


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1 (B) a transition plan for ADS–B that in2 cludes date-specific milestones for the imple3 mentation of new capabilities into the National 

4 Airspace System; 

5 (C) identification of any potential oper6 ational or workforce changes resulting from de7 ployment of ADS–B; 

8 (D) detailed plans and schedules for imple9 mentation of advanced operational procedures 

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

11 (E) baseline and performance metrics in 

12 order to measure the agency’s progress. 

13 (2) IDENTIFICATION AND MEASUREMENT

14 OF BENEFITS.—In the report required by paragraph 

15 (1), the Administrator shall identify actual benefits 

16 that will accrue to National Airspace System users, 

17 small and medium-sized airports, and general avia18 tion users from deployment of ADS–B and provide 

19 an explanation of the metrics used to quantify those 

20 benefits. 

21 (b) RULEMAKINGS.— 

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

23 the date of enactment of this Act the Administrator 

24 shall— 


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1 (A) complete the initial rulemaking pro2 ceeding (Docket No. FAA–2007–29305; Notice 

3 No. 07–15; 72 FR 56947) to issue guidelines 

4 and regulations for ADS–B Out technology 

5 that— 

6 (i) identify the ADS–B Out tech7 nology that will be required under 

8 NextGen; 

9 (ii) subject to paragraph (3), require 

10 all aircraft to be equipped with such tech11 nology by 2015; and 

12 (iii) identify— 

13 (I) the type of such avionics re14 quired of aircraft for all classes of air15 space; 

16 (II) the expected costs associated 

17 with the avionics; and 

18 (III) the expected uses and bene19 fits of the avionics; and 

20 (B) initiate a rulemaking proceeding to 

21 issue any additional guidelines and regulations 

22 for ADS–B Out technology not addressed in the 

23 initial rulemaking. 

24 (2) ADS–B IN.—Not later than 45 days after 

25 the date of enactment of this Act the Administrator 


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1 shall initiate a rulemaking proceeding to issue guide2 lines and regulations for ADS–B In technology 

3 that— 

4 (A) identify the ADS–B In technology that 

5 will be required under NextGen; 

6 (B) subject to paragraph (3), require all 

7 aircraft to be equipped with such technology by 

8 2018; and 

9 (C) identify— 

10 (i) the type of such avionics required 

11 of aircraft for all classes of airspace; 

12 (ii) the expected costs associated with 

13 the avionics; and 

14 (iii) the expected uses and benefits of 

15 the avionics. 

16 (3) READINESS VERIFICATION.—Before the 

17 date on which all aircraft are required to be 

18 equipped with ADS–B technology pursuant to 

19 rulemakings under paragraphs (1) and (2), the Air 

20 Traffic Control Modernization Oversight Board shall 

21 verify that— 

22 (A) the necessary ground infrastructure is 

23 installed and functioning properly; 

24 (B) certification standards have been ap25 proved; and 


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1 (C) appropriate operational platforms 

2 interface safely and efficiently. 

3 (c) USES.—Within 18 months after the date of enact4 ment of this Act, the Administrator shall develop, in con5 sultation with appropriate employee groups, a plan for the 

6 use of ADS–B technology for surveillance and active air 

7 traffic control by 2015. The plans shall— 

8 (1) include provisions to test the use of ADS– 

9 B prior to the 2015 deadline for surveillance and ac10 tive air traffic control in specific regions of the coun11 try with the most congested airspace; 

12 (2) identify the equipment required at air traf13 fic control facilities and the training required for air 

14 traffic controllers; 

15 (3) develop procedures, in consultation with ap16 propriate employee groups, to conduct air traffic 

17 management in mixed equipage environments; and 

18 (4) establish a policy in these test regions, with 

19 consultation from appropriate employee groups, to 

20 provide incentives for equipage with ADS–B tech21 nology by giving priority to aircraft equipped with 

22 such technology before the 2015 and 2018 equipage 

23 deadlines. 

24 (d) CONDITIONAL EXTENSION OF DEADLINES FOR

25 EQUIPPING AIRCRAFT WITH ADS–B TECHNOLOGY.— 


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1 (1) ADS–B OUT.—In the case that the Admin2 istrator fails to complete the initial rulemaking de3 scribed in subparagraph (A) of subsection (b)(1) on 

4 or before the date that is 45 days after the date of 

5 the enactment of this Act, the deadline described in 

6 clause (ii) of such subparagraph shall be extended by 

7 an amount of time that is equal to the amount of 

8 time of the period beginning on the date that is 45 

9 days after the date of the enactment of this Act and 

10 ending on the date on which the Administrator com11 pletes such initial rulemaking. 

12 (2) ADS–B IN.—In the case that the Adminis13 trator fails to initiate the rulemaking required by 

14 paragraph (2) of subsection (b) on or before the 

15 date that is 45 days after the date of the enactment 

16 of this Act, the deadline described in subparagraph 

17 (B) of such paragraph shall be extended by an 

18 amount of time that is equal to the amount of time 

19 of the period beginning on the date that is 45 days 

20 after the date of the enactment of this Act and end21 ing on the date on which the Administrator initiates 

22 such rulemaking. 

23 SEC. 316. EQUIPAGE INCENTIVES. 

24 (a) IN GENERAL.—The Administrator shall issue a 

25 report that— 


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1 (1) identifies incentive options to encourage the 

2 equipage of aircraft with NextGen technologies, in3 cluding a policy that gives priority to aircraft 

4 equipped with ADS–B technology; 

5 (2) identifies the costs and benefits of each op6 tion; and 

7 (3) includes input from industry stakeholders, 

8 including passenger and cargo air carriers, aerospace 

9 manufacturers, and general aviation aircraft opera10 tors. 

11 (b) DEADLINE.—The Administrator shall issue the 

12 report before the earlier of— 

13 (1) the date that is 6 months after the date of 

14 enactment of this Act; or 

15 (2) the date on which aircraft are required to 

16 be equipped with ADS–B technology pursuant to 

17 rulemakings under section 315(b) of this Act. 

18 SEC. 317. PERFORMANCE METRICS. 

19 (a) IN GENERAL.—No later than June 1, 2010, the 

20 Administrator shall establish and track National Airspace 

21 System performance metrics, including, at a minimum— 

22 (1) the allowable operations per hour on run23 ways; 

24 (2) average gate-to-gate times; 

25 (3) fuel burned between key city pairs; 


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1 (4) operations using the advanced procedures 

2 implemented under section 314 of this Act; 

3 (5) average distance flown between key city 

4 pairs; 

5 (6) time between pushing back from the gate 

6 and taking off; 

7 (7) uninterrupted climb or descent; 

8 (8) average gate arrival delay for all arrivals; 

9 (9) flown versus filed flight times for key city 

10 pairs; and 

11 (10) metrics to demonstrate reduced fuel burn 

12 and reduced emissions. 

13 (b) OPTIMAL BASELINES.—The Administrator, in 

14 consultation with aviation industry stakeholders, shall 

15 identify optimal baselines for each of these metrics and 

16 appropriate methods to measure deviations from these 

17 baselines. 

18 (c) PUBLICATION.—The Administration shall make 

19 the data obtained under subsection (a) available to the 

20 public in a searchable, sortable, downloadable format 

21 through its website and other appropriate media. 

22 (d) REPORTS.— 

23 (1) INITIAL REPORT.—Not later than 90 days 

24 after the date of enactment of this Act, the Adminis25 trator shall submit to the Senate Committee on 


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1 Commerce, Science, and Transportation and the 

2 House of Representatives Committee on Transpor3 tation and Infrastructure that contains— 

4 (A) a description of the metrics that will 

5 be used to measure the Administration’s 

6 progress in implementing NextGen Air Trans7 portation System capabilities and operational 

8 results; and 

9 (B) information about how any additional 

10 metrics were developed. 

11 (2) ANNUAL PROGRESS REPORT.—The Admin12 istrator shall submit an annual progress report to 

13 those committees on the Administration’s progress 

14 in implementing NextGen Air Transportation Sys15 tem. 

16 SEC. 318. CERTIFICATION STANDARDS AND RESOURCES. 

17 (a) IN GENERAL.—Within 6 months after the date 

18 of enactment of this Act, the Administrator shall develop 

19 a plan to accelerate and streamline the process for certifi20 cation of NextGen technologies, including— 

21 (1) updated project plans and timelines to meet 

22 the deadlines established by this title; 

23 (2) identification of the specific activities need24 ed to certify core NextGen technologies, including 

25 the establishment of NextGen technical requirements 


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1 for the manufacture of equipage, installation of equi2 page, airline operational procedures, pilot training 

3 standards, air traffic control procedures, and air 

4 traffic controller training; 

5 (3) staffing requirements for the Air Certifi6 cation Service and the Flight Standards Service, and 

7 measures addressing concerns expressed by the De8 partment of Transportation Inspector General and 

9 the Comptroller General regarding staffing needs for 

10 modernization; 

11 (4) an assessment of the extent to which the 

12 Administration will use third parties in the certifi13 cation process, and the cost and benefits of this ap14 proach; and 

15 (5) performance metrics to measure the Admin16 istration’s progress. 

17 (b) CERTIFICATION INTEGRITY.—The Administrator 

18 shall make no distinction between public or privately 

19 owned equipment, systems, or services used in the Na20 tional Airspace System when determining certification re21 quirements. 

22 SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECH23 NOLOGY. 

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1 tion Administration shall submit to Congress a report that 

2 contains— 

3 (1) a financing proposal that— 

4 (A) uses innovative methods to fully fund 

5 the development and implementation of tech6 nology for the Next Generation Air Transpor7 tation System in a manner that does not in8 crease the Federal deficit; and 

9 (B) takes into consideration opportunities 

10 for involvement by public-private partnerships; 

11 and 

12 (C) recommends creative financing pro13 posals other than user fees or higher taxes; and 

14 (2) recommendations with respect to how the 

15 Administrator and Congress can provide operational 

16 benefits, such as benefits relating to preferred air17 space, routings, or runway access, for all aircraft, in18 cluding air carriers and general aviation, that equip 

19 their aircraft with technology necessary for the oper20 ation of the Next Generation Air Transportation 

21 System before the date by which the Administrator 

22 requires the use of such technology. 

23 SEC. 320. UNMANNED AERIAL SYSTEMS. 

24 (a) IN GENERAL.—Within 1 year after the date of 

25 enactment of this Act, the Administrator shall develop a 


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1 plan to accelerate the integration of unmanned aerial sys2 tems into the National Airspace System that— 

3 (1) creates a pilot project to integrate such ve4 hicles into the National Airspace System at 4 test 

5 sites in the National Airspace System by 2012; 

6 (2) creates a safe, non-exclusionary airspace 

7 designation for cooperative manned and unmanned 

8 flight operations in the National Airspace System; 

9 (3) establishes a process to develop certification, 

10 flight standards, and air traffic requirements for 

11 such vehicles at the test sites; 

12 (4) dedicates funding for unmanned aerial sys13 tems research and development to certification, 

14 flight standards, and air traffic requirements; 

15 (5) encourages leveraging and coordination of 

16 such research and development activities with the 

17 National Aeronautics and Space Administration and 

18 the Department of Defense; 

19 (6) addresses both military and civilian un20 manned aerial system operations; 

21 (7) ensures the unmanned aircraft systems inte22 gration plan is incorporated in the Administration’s 

23 NextGen Air Transportation System implementation 

24 plan; and 


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1 (8) provides for verification of the safety of the 

2 vehicles and navigation procedures before their inte3 gration into the National Airspace System. 

4 (b) TEST SITE CRITERIA.—The Administrator shall 

5 take into consideration geographical and climate diversity 

6 in determining where the test sites to be established under 

7 the pilot project required by subsection (a)(1) are to be 

8 located. 

9 SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE. 

10 (a) IN GENERAL.—The Air Traffic Organization 

11 shall— 

12 (1) evaluate the Airport Surface Detection 

13 Equipment-Model X program for its potential con14 tribution to implementation of the NextGen initia15 tive; 

16 (2) evaluate airport surveillance technologies 

17 and associated collaborative surface management 

18 software for potential contributions to implementa19 tion of NextGen surface management; 

20 (3) accelerate implementation of the program; 

21 and 

22 (4) carry out such additional duties as the Ad23 ministrator may require. 

24 (b) EXPEDITED CERTIFICATION AND UTILIZA25 TION.—The Administrator shall— 


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1 (1) consider options for expediting the certifi2 cation of Ground Based Augmentation System tech3 nology; and 

4 (2) develop a plan to utilize such a system at 

5 the 35 Operational Evolution Partnership airports 

6 by September 30, 2012. 

7 SEC. 322. STAKEHOLDER COORDINATION. 

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

9 a process for including qualified employees selected by 

10 each exclusive collective bargaining representative of em11 ployees of the Administration who are likely to be affected 

12 by the planning, development, and deployment of air traf13 fic control modernization projects (including the Next 

14 Generation Air Transportation System) in, and collabo15 rating with, such employees in the planning, development, 

16 and deployment of those projects. 

17 (b) PARTICIPATION.— 

18 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

19 Participation in the process described in subsection 

20 (a) shall not be construed as a waiver of any bar21 gaining obligations or rights under section 

22 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

23 States Code. 

24 (2) CAPACITY AND COMPENSATION.—Exclusive 

25 collective bargaining representatives and selected 


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1 employees participating in the process described in 

2 subsection (a) shall— 

3 (A) serve in a collaborative and advisory 

4 capacity; and 

5 (B) receive appropriate travel and per 

6 diem expenses in accordance with the travel 

7 policies of the Administration in addition to any 

8 regular compensation and benefits. 

9 (c) REPORT.—No later than 180 days after the date 

10 of enactment of this Act, the Administrator shall submit 

11 a report on the implementation of this section to the Sen12 ate Committee on Commerce, Science, and Transportation 

13 and the House of Representatives Committee on Trans14 portation and Infrastructure. 

15 SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA16 CILITY CONDITIONS. 

17 (a) ESTABLISHMENT.—The Administrator shall es18 tablish a special task force to be known as the ‘‘FAA Task 

19 Force on Air Traffic Control Facility Conditions’’. 

20 (b) MEMBERSHIP.— 

21 (1) COMPOSITION.—The Task Force shall be 

22 composed of 11 members of whom— 

23 (A) 7 members shall be appointed by the 

24 Administrator; and 


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1 (B) 4 members shall be appointed by labor 

2 unions representing employees who work at 

3 field facilities of the Administration. 

4 (2) QUALIFICATIONS.—Of the members ap5 pointed by the Administrator under paragraph 

6 (1)(A)— 

7 (A) 4 members shall be specialists on toxic 

8 mold abatement, ‘‘sick building syndrome,’’ and 

9 other hazardous building conditions that can 

10 lead to employee health concerns and shall be 

11 appointed by the Administrator in consultation 

12 with the Director of the National Institute for 

13 Occupational Safety and Health; and 

14 (B) 2 members shall be specialists on the 

15 rehabilitation of aging buildings. 

16 (3) TERMS.—Members shall be appointed for 

17 the life of the Task Force. 

18 (4) VACANCIES.—A vacancy in the Task Force 

19 shall be filled in the manner in which the original 

20 appointment was made. 

21 (5) TRAVEL EXPENSES.—Members shall serve 

22 without pay but shall receive travel expenses, includ23 ing per diem in lieu of subsistence, in accordance 

24 with subchapter I of chapter 57 of title 5, United 

25 States Code. 


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1 (c) CHAIRPERSON.—The Administrator shall des2 ignate, from among the individuals appointed under sub3 section (b)(1), an individual to serve as chairperson of the 

4 Task Force. 

5 (d) TASK FORCE PERSONNEL MATTERS.— 

6 (1) STAFF.—The Task Force may appoint and 

7 fix the pay of such personnel as it considers appro8 priate. 

9 (2) STAFF OF FEDERAL AGENCIES.—Upon re10 quest of the Chairperson of the Task Force, the 

11 head of any department or agency of the United 

12 States may detail, on a reimbursable basis, any of 

13 the personnel of that department or agency to the 

14 Task Force to assist it in carrying out its duties 

15 under this section. 

16 (3) OTHER STAFF AND SUPPORT.—Upon re17 quest of the Task Force or a panel of the Task 

18 Force, the Administrator shall provide the Task 

19 Force or panel with professional and administrative 

20 staff and other support, on a reimbursable basis, to 

21 the Task Force to assist it in carrying out its duties 

22 under this section. 

23 (e) OBTAINING OFFICIAL DATA.—The Task Force 

24 may secure directly from any department or agency of the 

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1 quired by any statute of the United States to be kept con2 fidential by such department or agency) necessary for the 

3 Task Force to carry out its duties under this section. 

4 Upon request of the chairperson of the Task Force, the 

5 head of that department or agency shall furnish such in6 formation to the Task Force. 

7 (f) DUTIES.— 

8 (1) STUDY.—The Task Force shall undertake a 

9 study of— 

10 (A) the conditions of all air traffic control 

11 facilities across the Nation, including towers, 

12 centers, and terminal radar air control; 

13 (B) reports from employees of the Admin14 istration relating to respiratory ailments and 

15 other health conditions resulting from exposure 

16 to mold, asbestos, poor air quality, radiation 

17 and facility-related hazards in facilities of the 

18 Administration; 

19 (C) conditions of such facilities that could 

20 interfere with such employees’ ability to effec21 tively and safely perform their duties; 

22 (D) the ability of managers and super23 visors of such employees to promptly document 

24 and seek remediation for unsafe facility condi25 tions; 


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1 (E) whether employees of the Administra2 tion who report facility-related illnesses are 

3 treated fairly; 

4 (F) utilization of scientifically approved re5 mediation techniques in a timely fashion once 

6 hazardous conditions are identified in a facility 

7 of the Administration; and 

8 (G) resources allocated to facility mainte9 nance and renovation by the Administration. 

10 (2) FACILITY CONDITION INDICES.—The Task 

11 Force shall review the facility condition indices of 

12 the Administration for inclusion in the recommenda13 tions under subsection (g). 

14 (g) RECOMMENDATIONS.—Based on the results of 

15 the study and review of the facility condition indices under 

16 subsection (f), the Task Force shall make recommenda17 tions as it considers necessary to— 

18 (1) prioritize those facilities needing the most 

19 immediate attention in order of the greatest risk to 

20 employee health and safety; 

21 (2) ensure that the Administration is using sci22 entifically approved remediation techniques in all fa23 cilities; and 


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1 (3) assist the Administration in making pro2 grammatic changes so that aging air traffic control 

3 facilities do not deteriorate to unsafe levels. 

4 (h) REPORT.—Not later than 6 months after the date 

5 on which initial appointments of members to the Task 

6 Force are completed, the Task Force shall submit a report 

7 to the Administrator, the Senate Committee on Com8 merce, Science, and Transportation, and the House of 

9 Representatives Committee on Transportation and Infra10 structure on the activities of the Task Force, including 

11 the recommendations of the Task Force under subsection 

12 (g). 

13 (i) IMPLEMENTATION.—Within 30 days after receipt 

14 of the Task Force report under subsection (h), the Admin15 istrator shall submit to the House of Representatives 

16 Committee on Transportation and Infrastructure and the 

17 Senate Committee on Commerce, Science, and Transpor18 tation a report that includes a plan and timeline to imple19 ment the recommendations of the Task Force and to align 

20 future budgets and priorities of the Administration ac21 cordingly. 

22 (j) TERMINATION.—The Task Force shall terminate 

23 on the last day of the 30-day period beginning on the date 

24 on which the report under subsection (h) is submitted. 


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1 (k) APPLICABILITY OF THE FEDERAL ADVISORY

2 COMMITTEE ACT.—The Federal Advisory Committee Act 

3 (5 U.S.C. App.) shall not apply to the Task Force. 

4 SEC. 324. STATE ADS–B EQUIPAGE BANK PILOT PROGRAM. 

5 (a) IN GENERAL.— 

6 (1) COOPERATIVE AGREEMENTS.—Subject to 

7 the provisions of this section, the Secretary of 

8 Transportation may enter into cooperative agree9 ments with not to exceed 5 States for the establish10 ment of State ADS–B equipage banks for making 

11 loans and providing other assistance to public enti12 ties for projects eligible for assistance under this 

13 section. 

14 (b) FUNDING.— 

15 (1) SEPARATE ACCOUNT.—An ADS–B equipage 

16 bank established under this section shall maintain a 

17 separate aviation trust fund account for Federal 

18 funds contributed to the bank under paragraph (2). 

19 No Federal funds contributed or credited to an ac20 count of an ADS–B equipage bank established under 

21 this section may be commingled with Federal funds 

22 contributed or credited to any other account of such 

23 bank. 


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1 (2) AUTHORIZATION.—There are authorized to 

2 be appropriated to the Secretary $25,000,000 for 

3 each of fiscal years 2010 through 2014. 

4 (c) FORMS OF ASSISTANCE FROM ADS–B EQUIPAGE

5 BANKS.—An ADS–B equipage bank established under 

6 this section may make loans or provide other assistance 

7 to a public entity in an amount equal to all or part of 

8 the cost of carrying out a project eligible for assistance 

9 under this section. The amount of any loan or other assist10 ance provided for such project may be subordinated to any 

11 other debt financing for the project. 

12 (d) QUALIFYING PROJECTS.—Federal funds in the 

13 ADS–B equipage account of an ADS–B equipage bank es14 tablished under this section may be used only to provide 

15 assistance with respect to aircraft ADS–B and related avi16 onics equipage. 

17 (e) REQUIREMENTS.—In order to establish an ADS– 

18 B equipage bank under this section, each State estab19 lishing such a bank shall— 

20 (1) contribute, at a minimum, in each account 

21 of the bank from non-Federal sources an amount 

22 equal to 50 percent of the amount of each capitaliza23 tion grant made to the State and contributed to the 

24 bank; 


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1 (2) ensure that the bank maintains on a con2 tinuing basis an investment grade rating on its debt 

3 issuances or has a sufficient level of bond or debt fi4 nancing instrument insurance to maintain the viabil5 ity of the bank; 

6 (3) ensure that investment income generated by 

7 funds contributed to an account of the bank will 

8 be— 

9 (A) credited to the account; 

10 (B) available for use in providing loans 

11 and other assistance to projects eligible for as12 sistance from the account; and 

13 (C) invested in United States Treasury se14 curities, bank deposits, or such other financing 

15 instruments as the Secretary may approve to 

16 earn interest to enhance the leveraging of 

17 projects assisted by the bank; 

18 (4) ensure that any loan from the bank will 

19 bear interest at or below market interest rates, as 

20 determined by the State, to make the project that is 

21 the subject of the loan feasible; 

22 (5) ensure that the term for repaying any loan 

23 will not exceed 10 years after the date of the first 

24 payment on the loan; and 


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1 (6) require the bank to make an annual report 

2 to the Secretary on its status no later than Sep3 tember 30 of each year for which funds are made 

4 available under this section, and to make such other 

5 reports as the Secretary may require by guidelines. 

6 SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC 

7 RECOMMENDATIONS. 

8 (a) IN GENERAL.—As soon as practicable after the 

9 date of enactment of this Act, but no later than 1 year 

10 after that date, the Administrator of the Federal Aviation 

11 Administration shall— 

12 (1) provide the Los Angeles International Air 

13 Traffic Control Tower facility, the Southern Cali14 fornia Terminal Radar Approach Control facility, 

15 and the Northern California Terminal Radar Ap16 proach Control facility a sufficient number of con17 tract instructors, classroom space (including off-site 

18 locations as needed), and simulators for a surge in 

19 the number of new air traffic controllers at those fa20 cilities; 

21 (2) to the greatest extent practicable, distribute 

22 the placement of new trainee air traffic controllers 

23 at those facilities evenly across the calendar year in 

24 order to avoid training bottlenecks; 


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1 (3) commission an independent analysis, in con2 sultation with the Administration and the exclusive 

3 bargaining representative of air traffic controllers 

4 certified under section 7111 of title 5, United States 

5 Code, of overtime scheduling practices at those fa6 cilities; and 

7 (4) to the greatest extent practicable, provide 

8 priority to certified professional controllers-in-train9 ing when filling staffing vacancies at those facilities. 

10 (b) STAFFING ANALYSES AND REPORTS.—For the 

11 purposes of— 

12 (1) the Federal Aviation Administration’s an13 nual controller workforce plan, 

14 (2) the Administration’s facility-by-facility au15 thorized staffing ranges, and 

16 (3) any report of air traffic controller staffing 

17 levels submitted to the Congress, 

18 the Administrator may not consider an individual to be 

19 an air traffic controller unless that individual is a certified 

20 professional controller. 

21 SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER 

22 SKIES PROJECT. 

23 (a) INITIAL REPORT.—Not later than 180 days after 

24 the date of the enactment of this Act, the Administrator 

25 shall submit to Congress a report on the strategy of the 


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1 Administrator for implementing, on an accelerated basis, 

2 the NextGen operational capabilities produced by the 

3 Greener Skies project, as recommended in the final report 

4 of the RTCA NextGen Mid-Term Implementation Task 

5 Force that was issued on September 9, 2009. 

6 (b) SUBSEQUENT REPORTS.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the Administrator submits to Congress the re9 port required by subsection (a) and not less fre10 quently than once every 180 days thereafter until 

11 September 30, 2011, the Administrator shall submit 

12 to the Committee on Commerce, Science, and Trans13 portation of the Senate and to the Committee on 

14 Transportation and Infrastructure of the House of 

15 Representatives a report on the progress of the Ad16 ministrator in carrying out the strategy described in 

17 the report submitted under subsection (a). 

18 (2) CONTENTS.—Each report submitted under 

19 paragraph (1) shall include the following: 

20 (A) A timeline for full implementation of 

21 the strategy described in the report submitted 

22 under subsection (a). 

23 (B) A description of the progress made in 

24 carrying out such strategy. 


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1 (C) A description of the challenges, if any, 

2 encountered by the Administrator in carrying 

3 out such strategy. 

4 SEC. 327. DEFINITIONS. 

5 In this title: 

6 (1) ADMINISTRATION.—The term ‘‘Administra7 tion’’ means the Federal Aviation Administration. 

8 (2) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Aviation Administration. 

11 (3) NEXTGEN.—The term ‘‘NextGen’’ means 

12 the Next Generation Air Transportation System. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Transportation. 

15 SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUI16 PAGE. 

17 (a) IN GENERAL.—The Administrator of the Federal 

18 Aviation Administration may enter into agreements to 

19 fund the costs of equipping aircraft with communications, 

20 surveillance, navigation, and other avionics to enable 

21 NextGen air traffic control capabilities. 

22 (b) FUNDING INSTRUMENT.—The Administrator 

23 may make grants or other instruments authorized under 

24 section 106(l)(6) of title 49, United States Code, to carry 

25 out subsection (a). 


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1 TITLE IV—AIRLINE SERVICE 

2 AND SMALL COMMUNITY AIR 

3 SERVICE IMPROVEMENTS 

4 SUBTITLE A—CONSUMER PROTECTION 

5 SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT. 

6 (a) IN GENERAL.—Chapter 417 is amended by add7 ing at the end the following: 

8 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER 

9 SERVICE 

10 ‘‘§ 41781. Air carrier and airport contingency plans 

11 for long on-board tarmac delays 

12 ‘‘(a) DEFINITION OF TARMAC DELAY.—The term 

13 ‘tarmac delay’ means the holding of an aircraft on the 

14 ground before taking off or after landing with no oppor15 tunity for its passengers to deplane. 

16 ‘‘(b) SUBMISSION OF AIR CARRIER AND AIRPORT

17 PLANS.—Not later than 60 days after the date of the en18 actment of the FAA Air Transportation Modernization 

19 and Safety Improvement Act, each air carrier and airport 

20 operator shall submit, in accordance with the requirements 

21 under this section, a proposed contingency plan to the Sec22 retary of Transportation for review and approval. 

23 ‘‘(c) MINIMUM STANDARDS.—The Secretary of 

24 Transportation shall establish minimum standards for ele25 ments in contingency plans required to be submitted under 


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1 this section to ensure that such plans effectively address 

2 long on-board tarmac delays and provide for the health 

3 and safety of passengers and crew. 

4 ‘‘(d) AIR CARRIER PLANS.—The plan shall require 

5 each air carrier to implement at a minimum the following: 

6 ‘‘(1) PROVISION OF ESSENTIAL SERVICES.— 

7 Each air carrier shall provide for the essential needs 

8 of passengers on board an aircraft at an airport in 

9 any case in which the departure of a flight is de10 layed or disembarkation of passengers on an arriving 

11 flight that has landed is substantially delayed, in12 cluding— 

13 ‘‘(A) adequate food and potable water; 

14 ‘‘(B) adequate restroom facilities; 

15 ‘‘(C) cabin ventilation and comfortable 

16 cabin temperatures; and 

17 ‘‘(D) access to necessary medical treat18 ment. 

19 ‘‘(2) RIGHT TO DEPLANE.— 

20 ‘‘(A) IN GENERAL.—Each air carrier shall 

21 submit a proposed contingency plan to the Sec22 retary of Transportation that identifies a clear 

23 time frame under which passengers would be 

24 permitted to deplane a delayed aircraft. After 

25 the Secretary has reviewed and approved the 


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1 proposed plan, the air carrier shall make the 

2 plan available to the public. 

3 ‘‘(B) DELAYS.— 

4 ‘‘(i) IN GENERAL.—As part of the 

5 plan, except as provided under clause (iii), 

6 an air carrier shall provide passengers with 

7 the option of deplaning and returning to 

8 the terminal at which such deplaning could 

9 be safely completed, or deplaning at the 

10 terminal if— 

11 ‘‘(I) 3 hours have elapsed after 

12 passengers have boarded the aircraft, 

13 the aircraft doors are closed, and the 

14 aircraft has not departed; or 

15 ‘‘(II) 3 hours have elapsed after 

16 the aircraft has landed and the pas17 sengers on the aircraft have been un18 able to deplane. 

19 ‘‘(ii) FREQUENCY.—The option de20 scribed in clause (i) shall be offered to pas21 sengers at a minimum not less often than 

22 once during each successive 3-hour period 

23 that the plane remains on the ground. 

24 ‘‘(iii) EXCEPTIONS.—This subpara25 graph shall not apply if— 


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1 ‘‘(I) the pilot of such aircraft 

2 reasonably determines that the air3 craft will depart or be unloaded at the 

4 terminal not later than 30 minutes 

5 after the 3 hour delay; or 

6 ‘‘(II) the pilot of such aircraft 

7 reasonably determines that permitting 

8 a passenger to deplane would jeop9 ardize passenger safety or security. 

10 ‘‘(C) APPLICATION TO DIVERTED

11 FLIGHTS.—This section applies to aircraft with12 out regard to whether they have been diverted 

13 to an airport other than the original destina14 tion. 

15 ‘‘(D) REPORTS.—Not later than 30 days 

16 after any flight experiences a tarmac delay last17 ing at least 3 hours, the air carrier responsible 

18 for such flight shall submit a written descrip19 tion of the incident and its resolution to the 

20 Aviation Consumer Protection Office of the De21 partment of Transportation. 

22 ‘‘(e) AIRPORT PLANS.—Each airport operator shall 

23 submit a proposed contingency plan under subsection (b) 

24 that contains a description of— 


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1 ‘‘(1) how the airport operator will provide for 

2 the deplanement of passengers following a long 

3 tarmac delay; and 

4 ‘‘(2) how, to the maximum extent practicable, 

5 the airport operator will provide for the sharing of 

6 facilities and make gates available at the airport for 

7 use by aircraft experiencing such delays. 

8 ‘‘(f) UPDATES.—The Secretary shall require periodic 

9 reviews and updates of the plans as necessary. 

10 ‘‘(g) APPROVAL.— 

11 ‘‘(1) IN GENERAL.—Not later than 6 months 

12 after the date of the enactment of this section, the 

13 Secretary of Transportation shall— 

14 ‘‘(A) review the initial contingency plans 

15 submitted under subsection (b); and 

16 ‘‘(B) approve plans that closely adhere to 

17 the standards described in subsections (d) or 

18 (e), whichever is applicable. 

19 ‘‘(2) UPDATES.—Not later than 60 days after 

20 the submission of an update under subsection (f) or 

21 an initial contingency plan by a new air carrier or 

22 airport, the Secretary shall— 

23 ‘‘(A) review the plan; and 


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1 ‘‘(B) approve the plan if it closely adheres 

2 to the standards described in subsections (d) or 

3 (e), whichever is applicable. 

4 ‘‘(h) CIVIL PENALTIES.—The Secretary may assess 

5 a civil penalty under section 46301 against any air carrier 

6 or airport operator that does not submit, obtain approval 

7 of, or adhere to a contingency plan submitted under this 

8 section. 

9 ‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 

10 operator required to submit a contingency plan under this 

11 section shall ensure public access to an approved plan 

12 under this section by— 

13 ‘‘(1) including the plan on the Internet Web 

14 site of the carrier or airport; or 

15 ‘‘(2) disseminating the plan by other means, as 

16 determined by the Secretary. 

17 ‘‘§ 41782. Air passenger complaints hotline and infor18 mation 

19 ‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE20 PHONE NUMBER.—The Secretary of Transportation shall 

21 establish a consumer complaints hotline telephone number 

22 for the use of air passengers. 

23 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify 

24 the public of the telephone number established under sub25 section (a). 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section, which sums shall re4 main available until expended.’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for chapter 417 is amended by adding at the end 

7 the following: 

‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE

‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 

delays 

‘‘41782. Air passenger complaints hotline and information’’. 

8 SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 

9 FLIGHT DELAY HISTORY. 

10 (a) IN GENERAL.—Section 41722 is amended by 

11 adding at the end the following: 

12 ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 

13 ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.— 

14 Each air carrier holding a certificate issued under 

15 section 41102 that conducts scheduled passenger air 

16 transportation shall, on a monthly basis— 

17 ‘‘(A) publish and update on the Internet 

18 website of the air carrier a list of chronically 

19 delayed flights operated by such air carrier; and 

20 ‘‘(B) share such list with each entity that 

21 is authorized to book passenger air transpor22 tation for such air carrier for inclusion on the 

23 Internet website of such entity. 


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1 ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR2 CHASING TICKETS.—For each individual who books 

3 passenger air transportation on the Internet website 

4 of an air carrier, or the Internet website of an entity 

5 that is authorized to book passenger air transpor6 tation for an air carrier, for any flight for which 

7 data is reported to the Department of Transpor8 tation under part 234 of title 14, Code of Federal 

9 Regulations, such air carrier or entity, as the case 

10 may be, shall prominently disclose to such indi11 vidual, before such individual makes such booking, 

12 the following: 

13 ‘‘(A) The on-time performance for the 

14 flight if the flight is a chronically delayed flight. 

15 ‘‘(B) The cancellation rate for the flight if 

16 the flight is a chronically canceled flight. 

17 ‘‘(3) DEFINITIONS.—In this subsection: 

18 ‘‘(A) CHRONICALLY DELAYED FLIGHT.— 

19 The term ‘chronically delayed flight’ means a 

20 regularly scheduled flight that has failed to ar21 rive on time (as such term is defined in section 

22 234.2 of title 14, Code of Federal Regulations) 

23 at least 40 percent of the time during the most 

24 recent 3-month period for which data is avail25 able. 


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1 ‘‘(B) CHRONICALLY CANCELED FLIGHT.— 

2 The term ‘chronically canceled flight’ means a 

3 regularly scheduled flight at least 30 percent of 

4 the departures of which have been canceled dur5 ing the most recent 3-month period for which 

6 data is available.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall take effect 180 days after the date 

9 of enactment of this Act. 

10 SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COM11 PLAINT INVESTIGATIONS. 

12 (a) IN GENERAL.—Subject to the availability of ap13 propriations, the Secretary of Transportation shall inves14 tigate consumer complaints regarding— 

15 (1) flight cancellations; 

16 (2) compliance with Federal regulations con17 cerning overbooking seats flights; 

18 (3) lost, damaged, or delayed baggage, and dif19 ficulties with related airline claims procedures; 

20 (4) problems in obtaining refunds for unused or 

21 lost tickets or fare adjustments; 

22 (5) incorrect or incomplete information about 

23 fares, discount fare conditions and availability, over24 charges, and fare increases; 


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1 (6) the rights of passengers who hold frequent 

2 flier miles, or equivalent redeemable awards earned 

3 through customer-loyalty programs; and 

4 (7) deceptive or misleading advertising. 

5 (b) BUDGET NEEDS REPORT.—The Secretary shall 

6 provide, as an annex to its annual budget request, an esti7 mate of resources which would have been sufficient to in8 vestigate all such claims the Department of Transpor9 tation received in the previous fiscal year. The annex shall 

10 be transmitted to the Congress when the President sub11 mits the budget of the United States to the Congress 

12 under section 1105 of title 31, United States Code. 

13 SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

14 AVIATION CONSUMER PROTECTION. 

15 (a) IN GENERAL.—The Secretary of Transportation 

16 shall establish an advisory committee for aviation con17 sumer protection to advise the Secretary in carrying out 

18 airline customer service improvements, including those re19 quired by subchapter IV of chapter 417 of title 49, United 

20 States Code. 

21 (b) MEMBERSHIP.—The Secretary shall appoint 

22 members of the advisory committee comprised of one rep23 resentative each of— 

24 (1) air carriers; 

25 (2) airport operators; 


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1 (3) State or local governments who has exper2 tise in consumer protection matters; and 

3 (4) a nonprofit public interest group who has 

4 expertise in consumer protection matters. 

5 (c) VACANCIES.—A vacancy in the advisory com6 mittee shall be filled in the manner in which the original 

7 appointment was made. 

8 (d) TRAVEL EXPENSES.—Members of the advisory 

9 committee shall serve without pay but shall receive travel 

10 expenses, including per diem in lieu of subsistence, in ac11 cordance with subchapter I of chapter 57 of title 5, United 

12 States Code. 

13 (e) CHAIRPERSON.—The Secretary shall designate, 

14 from among the individuals appointed under subsection 

15 (b), an individual to serve as chairperson of the advisory 

16 committee. 

17 (f) DUTIES.—The duties of the advisory committee 

18 shall include— 

19 (1) evaluating existing aviation consumer pro20 tection programs and providing recommendations for 

21 the improvement of such programs, if needed; and 

22 (2) providing recommendations to establish ad23 ditional aviation consumer protection programs, if 

24 needed. 


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1 (g) REPORT.—Not later than February 1 of each of 

2 the first 2 calendar years beginning after the date of en3 actment of this Act, the Secretary shall transmit to Con4 gress a report containing— 

5 (1) the recommendations made by the advisory 

6 committee during the preceding calendar year; and 

7 (2) an explanation of how the Secretary has im8 plemented each recommendation and, for each rec9 ommendation not implemented, the Secretary’s rea10 son for not implementing the recommendation. 

11 SEC. 405. DISCLOSURE OF PASSENGER FEES. 

12 (a) IN GENERAL.—Within 180 days after the date 

13 of enactment of this Act, the Secretary of Transportation 

14 shall complete a rulemaking that requires each air carrier 

15 operating in the United States under part 121 of title 49, 

16 Code of Federal Regulations, to make available to the pub17 lic and to the Secretary a list of all passenger fees and 

18 charges (other than airfare) that may be imposed by the 

19 air carrier, including fees for— 

20 (1) checked baggage or oversized or heavy bag21 gage; 

22 (2) meals, beverages, or other refreshments; 

23 (3) seats in exit rows, seats with additional 

24 space, or other preferred seats in any given class of 

25 travel; 


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1 (4) purchasing tickets from an airline ticket 

2 agent or a travel agency; or 

3 (5) any other good, service, or amenity provided 

4 by the air carrier, as required by the Secretary. 

5 (b) PUBLICATION; UPDATES.—In order to ensure 

6 that the fee information required by subsection (a) is both 

7 current and widely available to the travelling public, the 

8 Secretary— 

9 (1) may require an air carrier to make such in10 formation on any public website maintained by an 

11 air carrier, to make such information available to 

12 travel agencies, and to notify passengers of the 

13 availability of such information when advertising air14 fares; and 

15 (2) shall require air carriers to update the in16 formation as necessary, but no less frequently than 

17 every 90 days unless there has been no increase in 

18 the amount or type of fees shown in the most recent 

19 publication. 

20 SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING 

21 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS22 PORTATION. 

23 Section 41712 is amended by adding at the end the 

24 following: 


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1 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

2 TICKETS FOR FLIGHTS.— 

3 ‘‘(1) IN GENERAL.—It shall be an unfair or de4 ceptive practice under subsection (a) for any ticket 

5 agent, air carrier, foreign air carrier, or other person 

6 offering to sell tickets for air transportation on a 

7 flight of an air carrier to not disclose, whether ver8 bally in oral communication or in writing in written 

9 or electronic communication, prior to the purchase 

10 of a ticket— 

11 ‘‘(A) the name (including any business or 

12 corporate name) of the air carrier providing the 

13 air transportation; and 

14 ‘‘(B) if the flight has more than one flight 

15 segment, the name of each air carrier providing 

16 the air transportation for each such flight seg17 ment. 

18 ‘‘(2) INTERNET OFFERS.—In the case of an 

19 offer to sell tickets described in paragraph (1) on an 

20 Internet Web site, disclosure of the information re21 quired by paragraph (1) shall be provided on the 

22 first display of the Web site following a search of a 

23 requested itinerary in a format that is easily visible 

24 to a viewer.’’. 


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1 SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT 

2 TO THE SALE OF AIRLINE TICKETS. 

3 (a) IN GENERAL.—The Office of Aviation Consumer 

4 Protection and Enforcement of the Department of Trans5 portation shall establish rules to ensure that all consumers 

6 are able to easily and fairly compare airfares and charges 

7 paid when purchasing tickets for air transportation, in8 cluding all taxes and fees. 

9 (b) NOTICE OF TAXES AND FEES APPLICABLE TO

10 TICKETS FOR AIR TRANSPORTATION.—Section 41712, as 

11 amended by this Act, is further amended by adding at the 

12 end the following: 

13 ‘‘(d) NOTICE OF TAXES AND FEES APPLICABLE TO

14 TICKETS FOR AIR TRANSPORTATION.— 

15 ‘‘(1) IN GENERAL.—It shall be an unfair or de16 ceptive practice under subsection (a) for an air car17 rier, foreign air carrier, or ticket agent to sell a tick18 et for air transportation on the Internet unless the 

19 air carrier, foreign air carrier, or ticket agent, as the 

20 case may be— 

21 ‘‘(A) displays information with respect to 

22 the taxes and fees described in paragraph (2), 

23 including the amount and a description of each 

24 such tax or fee, in reasonable proximity to the 

25 price listed for the ticket; and 


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1 ‘‘(B) provides to the purchaser of the tick2 et information with respect to the taxes and 

3 fees described in paragraph (2), including the 

4 amount and a description of each such tax or 

5 fee, before requiring the purchaser to provide 

6 any personal information, including the name, 

7 address, phone number, e-mail address, or cred8 it card information of the purchaser. 

9 ‘‘(2) TAXES AND FEES DESCRIBED.—The taxes 

10 and fees described in this paragraph are all taxes, 

11 fees, and charges applicable to a ticket for air trans12 portation, consisting of— 

13 ‘‘(A) all taxes, fees, charges, and sur14 charges included in the price paid by a pur15 chaser for the ticket, including fuel surcharges 

16 and surcharges relating to peak or holiday trav17 el; and 

18 ‘‘(B) any fees for baggage, seating assign19 ments; and 

20 ‘‘(C) operational services that are charged 

21 when the ticket is purchased.’’. 

22 (c) REGULATIONS.—The Secretary of Transpor23 tation, in consultation with the Administrator of the Fed24 eral Aviation Administration, shall prescribe such regula25 tions as may be necessary to carry out subsection (d) of 


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1 section 41712 of title 49, United States Code, as added 

2 by subsection (b) of this section. 

3 SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL 

4 COMMUNITIES 

5 SEC. 411. EAS CONNECTIVITY PROGRAM. 

6 Section 406(a) of the Vision 100—Century of Avia7 tion Reauthorization Act (49 U.S.C. 40101 note) is 

8 amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

9 SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING 

10 MILEAGE ADJUSTMENT ELIGIBILITY. 

11 Section 409(d) of the Vision 100—Century of Avia12 tion Reauthorization Act (49 U.S.C. 41731 note) is 

13 amended by striking ‘‘September 30, 2010.’’ and inserting 

14 ‘‘September 30, 2013.’’. 

15 SEC. 413. EAS CONTRACT GUIDELINES. 

16 Section 41737(a)(1) is amended— 

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

18 subparagraph (B); 

19 (2) by striking ‘‘provided.’’ in subparagraph (C) 

20 and inserting ‘‘provided;’’; and 

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

22 ‘‘(D) include provisions under which the Sec23 retary may encourage carriers to improve air service 

24 to small and rural communities by incorporating fiVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 nancial incentives in essential air service contracts 

2 based on specified performance goals; and 

3 ‘‘(E) include provisions under which the Sec4 retary may execute long-term essential air service 

5 contracts to encourage carriers to provide air service 

6 to small and rural communities where it would be in 

7 the public interest to do so.’’. 

8 SEC. 414. CONVERSION OF FORMER EAS AIRPORTS. 

9 (a) IN GENERAL.—Section 41745 is amended to read 

10 as follows: 

11 ‘‘§ 41745. Conversion of lost eligibility airports 

12 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

13 program to provide general aviation conversion funding for 

14 airports serving eligible places that the Secretary has de15 termined no longer qualify for a subsidy. 

16 ‘‘(b) GRANTS.—A grant under this section— 

17 ‘‘(1) may not exceed twice the compensation 

18 paid to provide essential air service to the airport in 

19 the fiscal year preceeding the fiscal year in which 

20 the Secretary determines that the place served by 

21 the airport is no longer an eligible place; and 

22 ‘‘(2) may be used— 

23 ‘‘(A) for airport development (as defined in 

24 section 47102(3)) that will enhance general 

25 aviation capacity at the airport; 


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1 ‘‘(B) to defray operating expenses, if such 

2 use is approved by the Secretary; or 

3 ‘‘(C) to develop innovative air service op4 tions, such as on-demand or air taxi operations, 

5 if such use is approved by the Secretary. 

6 ‘‘(c) AIP REQUIREMENTS.—An airport sponsor that 

7 uses funds provided under this section for an airport de8 velopment project shall comply with the requirements of 

9 subchapter I of chapter 471 applicable to airport develop10 ment projects funded under that subchapter with respect 

11 to the project funded under this section. 

12 ‘‘(d) LIMITATION.—The sponsor of an airport receiv13 ing funding under this section is not eligible for funding 

14 under section 41736.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 417 is amended by striking the item relating 

17 to section 41745 and inserting the following: 

‘‘417454. Conversion of lost eligibility airports.’’. 

18 SEC. 415. EAS REFORM. 

19 Section 41742(a) is amended— 

20 (1) by adding at the end of paragraph (1) ‘‘Any 

21 amount in excess of $50,000,000 credited for any 

22 fiscal year to the account established under section 

23 45303(c) shall be obligated for programs under sec24 tion 406 of the Vision 100—Century of Aviation Re25 authorization Act (49 U.S.C. 40101 note) and secVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 tion 41745 of this title. Amounts appropriated pur2 suant to this section shall remain available until ex3 pended.’’; and 

4 (2) by striking ‘‘$77,000,000’’ in paragraph (2) 

5 and inserting ‘‘$150,000,000’’. 

6 SEC. 416. SMALL COMMUNITY AIR SERVICE. 

7 (a) PRIORITIES.—Section 41743(c)(5) is amended— 

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

9 subparagraph (D); 

10 (2) by striking ‘‘fashion.’’ in subparagraph (E) 

11 and inserting ‘‘fashion; and’’; and 

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

13 ‘‘(F) multiple communities cooperate to 

14 submit a region or multistate application to im15 prove air service.’’. 

16 (b) EXTENSION OF AUTHORIZATION.—Section 

17 41743(e)(2) is amended— 

18 (1) by striking ‘‘is appropriated’’ and inserting 

19 ‘‘are appropriated’’; and 

20 (2) by striking ‘‘2009’’ and inserting ‘‘2011’’. 

21 SEC. 417. EAS MARKETING. 

22 The Secretary of Transportation shall require all ap23 plications to provide service under subchapter II of chap24 ter 417 of title 49, United States Code, include a mar25 keting plan. 


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1 SEC. 418. RURAL AVIATION IMPROVEMENT. 

2 (a) COMMUNITIES ABOVE PER PASSENGER SUBSIDY

3 CAP.— 

4 (1) IN GENERAL.—Subchapter II of chapter 

5 417 is amended by adding at the end the following: 

6 ‘‘§ 41749. Essential air service for eligible places 

7 above per passenger subsidy cap 

8 ‘‘(a) PROPOSALS.—A State or local government may 

9 submit a proposal to the Secretary of Transportation for 

10 compensation for an air carrier to provide air transpor11 tation to a place described in subsection (b). 

12 ‘‘(b) PLACE DESCRIBED.—A place described in this 

13 subsection is a place— 

14 ‘‘(1) that is otherwise an eligible place; and 

15 ‘‘(2) for which the per passenger subsidy ex16 ceeds the dollar amount allowable under this sub17 chapter. 

18 ‘‘(c) DECISIONS.—Not later than 90 days after re19 ceiving a proposal under subsection (a) for compensation 

20 for an air carrier to provide air transportation to a place 

21 described in subsection (b), the Secretary shall— 

22 ‘‘(1) decide whether to provide compensation 

23 for the air carrier to provide air transportation to 

24 the place; and 


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1 ‘‘(2) approve the proposal if the State or local 

2 government or a person is willing and able to pay 

3 the difference between— 

4 ‘‘(A) the per passenger subsidy; and 

5 ‘‘(B) the dollar amount allowable for such 

6 subsidy under this subchapter. 

7 ‘‘(d) COMPENSATION PAYMENTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall pay 

9 compensation under this section at such time and in 

10 such manner as the Secretary determines is appro11 priate. 

12 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

13 shall continue to pay compensation under this sec14 tion only as long as— 

15 ‘‘(A) the State or local government or per16 son agreeing to pay compensation under sub17 section (c)(2) continues to pay such compensa18 tion; and 

19 ‘‘(B) the Secretary decides the compensa20 tion is necessary to maintain air transportation 

21 to the place. 

22 ‘‘(e) REVIEW.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall peri24 odically review the type and level of air service pro25 vided under this section. 


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1 ‘‘(2) CONSULTATION.—The Secretary may 

2 make appropriate adjustments in the type and level 

3 of air service to a place under this section based on 

4 the review under paragraph (1) and consultation 

5 with the affected community and the State or local 

6 government or person agreeing to pay compensation 

7 under subsection (c)(2). 

8 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

9 TRANSPORTATION.—An air carrier providing air transpor10 tation to a place under this section may end, suspend, or 

11 reduce such air transportation if, not later than 30 days 

12 before ending, suspending, or reducing such air transpor13 tation, the air carrier provides notice of the intent of the 

14 air carrier to end, suspend, or reduce such air transpor15 tation to— 

16 ‘‘(1) the Secretary; 

17 ‘‘(2) the affected community; and 

18 ‘‘(3) the State or local government or person 

19 agreeing to pay compensation under subsection 

20 (c)(2).’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents for chapter 417 is amended by adding after 

23 the item relating to section 41748 the following new 

24 item: 

‘‘41749. Essential air service for eligible places above per passenger subsidy 

cap’’. 


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1 (b) PREFERRED ESSENTIAL AIR SERVICE.— 

2 (1) IN GENERAL.—Subchapter II of chapter 

3 417, as amended by subsection (a), is further 

4 amended by adding after section 41749 the fol5 lowing: 

6 ‘‘§ 41750. Preferred essential air service 

7 ‘‘(a) PROPOSALS.—A State or local government may 

8 submit a proposal to the Secretary of Transportation for 

9 compensation for a preferred air carrier described in sub10 section (b) to provide air transportation to an eligible 

11 place. 

12 ‘‘(b) PREFERRED AIR CARRIER DESCRIBED.—A pre13 ferred air carrier described in this subsection is an air car14 rier that— 

15 ‘‘(1) submits an application under section 

16 41733(c) to provide air transportation to an eligible 

17 place; 

18 ‘‘(2) is not the air carrier that submits the low19 est cost bid to provide air transportation to the eligi20 ble place; and 

21 ‘‘(3) is an air carrier that the affected commu22 nity prefers to provide air transportation to the eligi23 ble place instead of the air carrier that submits the 

24 lowest cost bid. 


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1 ‘‘(c) DECISIONS.—Not later than 90 days after re2 ceiving a proposal under subsection (a) for compensation 

3 for a preferred air carrier described in subsection (b) to 

4 provide air transportation to an eligible place, the Sec5 retary shall— 

6 ‘‘(1) decide whether to provide compensation 

7 for the preferred air carrier to provide air transpor8 tation to the eligible place; and 

9 ‘‘(2) approve the proposal if the State or local 

10 government or a person is willing and able to pay 

11 the difference between— 

12 ‘‘(A) the rate of compensation the Sec13 retary would provide to the air carrier that sub14 mits the lowest cost bid to provide air transpor15 tation to the eligible place; and 

16 ‘‘(B) the rate of compensation the pre17 ferred air carrier estimates to be necessary to 

18 provide air transportation to the eligible place. 

19 ‘‘(d) COMPENSATION PAYMENTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall pay 

21 compensation under this section at such time and in 

22 such manner as the Secretary determines is appro23 priate. 


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1 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

2 shall continue to pay compensation under this sec3 tion only as long as— 

4 ‘‘(A) the State or local government or per5 son agreeing to pay compensation under sub6 section (c)(2) continues to pay such compensa7 tion; and 

8 ‘‘(B) the Secretary decides the compensa9 tion is necessary to maintain air transportation 

10 to the eligible place. 

11 ‘‘(e) REVIEW.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall peri13 odically review the type and level of air service pro14 vided under this section. 

15 ‘‘(2) CONSULTATION.—The Secretary may 

16 make appropriate adjustments in the type and level 

17 of air service to an eligible place under this section 

18 based on the review under paragraph (1) and con19 sultation with the affected community and the State 

20 or local government or person agreeing to pay com21 pensation under subsection (c)(2). 

22 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

23 TRANSPORTATION.—A preferred air carrier providing air 

24 transportation to an eligible place under this section may 

25 end, suspend, or reduce such air transportation if, not 


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1 later than 30 days before ending, suspending, or reducing 

2 such air transportation, the preferred air carrier provides 

3 notice of the intent of the preferred air carrier to end, 

4 suspend, or reduce such air transportation to— 

5 ‘‘(1) the Secretary; 

6 ‘‘(2) the affected community; and 

7 ‘‘(3) the State or local government or person 

8 agreeing to pay compensation under subsection 

9 (c)(2).’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents for chapter 417, as amended by subsection (a), 

12 is further amended by adding after the item relating 

13 to section 41749 the following new item: 

‘‘41750. Preferred essential air service’’. 

14 (c) RESTORATION OF ELIGIBILITY TO A PLACE DE15 TERMINED BY THE SECRETARY TO BE INELIGIBLE FOR

16 SUBSIDIZED ESSENTIAL AIR SERVICE.—Section 41733 is 

17 amended by adding at the end the following: 

18 ‘‘(f) RESTORATION OF ELIGIBILITY FOR SUBSIDIZED

19 ESSENTIAL AIR SERVICE.— 

20 ‘‘(1) IN GENERAL.—If the Secretary of Trans21 portation terminates the eligibility of an otherwise 

22 eligible place to receive basic essential air service by 

23 an air carrier for compensation under subsection (c), 

24 a State or local government may submit to the Sec25 retary a proposal for restoring such eligibility. 


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1 ‘‘(2) DETERMINATION BY SECRETARY.—If the 

2 per passenger subsidy required by the proposal sub3 mitted by a State or local government under para4 graph (1) does not exceed the per passenger subsidy 

5 cap provided under this subchapter, the Secretary 

6 shall issue an order restoring the eligibility of the 

7 otherwise eligible place to receive basic essential air 

8 service by an air carrier for compensation under 

9 subsection (c).’’. 

10 (d) OFFICE OF RURAL AVIATION.— 

11 (1) ESTABLISHMENT.—There is established 

12 within the Office of the Secretary of Transportation 

13 the Office of Rural Aviation. 

14 (e) FUNCTIONS.—The functions of the Office are— 

15 (1) to develop a uniform 4-year contract for air 

16 carriers providing essential air service to commu17 nities under subchapter II of chapter 417 of title 49, 

18 United States Code; 

19 (2) to develop a mechanism for comparing ap20 plications submitted by air carriers under section 

21 41733(c) to provide essential air service to commu22 nities, including comparing— 

23 (A) estimates from air carriers on— 

24 (i) the cost of providing essential air 

25 service; and 


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1 (ii) the revenues air carriers expect to 

2 receive when providing essential air service; 

3 and 

4 (B) estimated schedules for air transpor5 tation; and 

6 (3) to select an air carrier from among air car7 riers applying to provide essential air service, based 

8 on the criteria described in paragraph (2). 

9 (f) EXTENSION OF AUTHORITY TO MAKE AGREE10 MENTS UNDER THE ESSENTIAL AIR SERVICE PRO11 GRAM.—Section 41743(e)(2) is amended by striking 

12 ‘‘2009’’ and inserting ‘‘2011’’. 

13 (g) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI14 CANTLY INCREASED COSTS.—Section 41737 is amended 

15 by adding at the end thereof the following: 

16 ‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any amount 

17 provided as an adjustment in compensation pursuant to 

18 subsection (a)(1)(D) shall be disregarded for the purpose 

19 of determining whether the amount of compensation pro20 vided under this subchapter with respect to an eligible 

21 place exceeds the per passenger subsidy exceeds the dollar 

22 amount allowable under this subchapter.’’. 


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1 SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR2 TICIPATION PROGRAM. 

3 (a) IN GENERAL.—Subchapter II of chapter 417 of 

4 title 49, United States Code, is amended by striking sec5 tion 41747, and such title 49 shall be applied as if such 

6 section 41747 had not been enacted. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 417 of title 49, United States Code, is amend9 ed by striking the item relating to section 41747. 

10 SUBTITLE C—MISCELLANEOUS 

11 SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

12 (a) IN GENERAL.—Section 47129 is amended— 

13 (1) by striking the section heading and insert14 ing the following: 

15 ‘‘§ 47129. Resolution of airport-air carrier and foreign 

16 air carrier disputes concerning airport 

17 fees’’ ; 

18 (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

19 after ‘‘CARRIER’’ in the heading for subsection (d); 

20 (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

21 after ‘‘CARRIER’’ in the heading for subsection 

22 (d)(2); 

23 (4) by striking ‘‘air carrier’’ each place it ap24 pears and inserting ‘‘air carrier or foreign air car25 rier’’; 


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1 (5) by striking ‘‘air carrier’s’’ each place it ap2 pears and inserting ‘‘air carrier’s or foreign air car3 rier’s’’; 

4 (6) by striking ‘‘air carriers’’ and inserting ‘‘air 

5 carriers or foreign air carriers’’; and 

6 (7) by striking ‘‘(as defined in section 40102 of 

7 this title)’’ in subsection (a) and inserting ‘‘(as those 

8 terms are defined in section 40102 of this title)’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for chapter 471 is amended by striking the item re11 lating to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees’’. 

12 SEC. 432. CONTRACT TOWER PROGRAM. 

13 (a) COST-BENEFIT REQUIREMENT.—Section 

14 47124(b)(1) is amended— 

15 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

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

17 ‘‘(B) If the Secretary determines that a tower already 

18 operating under this program has a benefit to cost ratio 

19 of less than 1.0, the airport sponsor or State or local gov20 ernment having jurisdiction over the airport shall not be 

21 required to pay the portion of the costs that exceeds the 

22 benefit for a period of 18 months after such determination 

23 is made. 


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1 ‘‘(C) If the Secretary finds that all or part of an 

2 amount made available to carry out the program contin3 ued under this paragraph is not required during a fiscal 

4 year, the Secretary may use during such fiscal year the 

5 amount not so required to carry out the program estab6 lished under paragraph (3) of this section.’’. 

7 (b) COSTS EXCEEDING BENEFITS.—Subparagraph 

8 (D) of section 47124(b)(3) is amended— 

9 (1) by striking ‘‘benefit.’’ and inserting ‘‘ben10 efit, with the maximum allowable local cost share for 

11 FAA Part 139 certified airports capped at 20 per12 cent for those airports with fewer than 50,000 an13 nual passenger enplanements.’’. 

14 (c) FUNDING.—Subparagraph (E) of section 

15 47124(b)(3) is amended— 

16 (1) by striking ‘‘and’’ after ‘‘2006,’’; and 

17 (2) by striking ‘‘2007’’ and inserting ‘‘2007, 

18 $9,500,000 for fiscal year 2010, and $10,000,000 

19 for fiscal year 2011’’ after ‘‘2007,’’; and 

20 (3) by inserting after ‘‘paragraph.’’ the fol21 lowing: ‘‘If the Secretary finds that all or part of an 

22 amount made available under this subparagraph is 

23 not required during a fiscal year to carry out this 

24 paragraph, the Secretary may use during such fiscal 

25 year the amount not so required to carry out the 


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1 program continued under subsection (b)(1) of this 

2 section.’’. 

3 (d) FEDERAL SHARE.—Subparagraph (C) of section 

4 47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in5 serting ‘‘$2,000,000.’’. 

6 (e) SAFETY AUDITS.—Section 41724 is amended by 

7 adding at the end the following: 

8 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

9 uniform standards and requirements for safety assess10 ments of air traffic control towers that receive funding 

11 under this section in accordance with the Administration’s 

12 safety management system.’’. 

13 SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED 

14 FORCES. 

15 (a) FINDINGS.—The Congress finds that— 

16 (1) the Armed Forces is comprised of approxi17 mately 1,450,000 members who are stationed on ac18 tive duty at more than 6,000 military bases in 146 

19 different countries; 

20 (2) the United States is indebted to the mem21 bers of the Armed Forces, many of whom are in 

22 grave danger due to their engagement in, or expo23 sure to, combat; 

24 (3) military service, especially in the current 

25 war against terrorism, often requires members of the 


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1 Armed Forces to be separated from their families on 

2 short notice, for long periods of time, and under 

3 very stressful conditions; 

4 (4) the unique demands of military service often 

5 preclude members of the Armed Forces from pur6 chasing discounted advance airline tickets in order 

7 to visit their loved ones at home; and 

8 (5) it is the patriotic duty of the people of the 

9 United States to support the members of the Armed 

10 Forces who are defending the Nation’s interests 

11 around the world at great personal sacrifice. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that each United States air carrier should— 

14 (1) establish for all members of the Armed 

15 Forces on active duty reduced air fares that are 

16 comparable to the lowest airfare for ticketed flights; 

17 and 

18 (2) offer flexible terms that allow members of 

19 the Armed Forces on active duty to purchase, mod20 ify, or cancel tickets without time restrictions, fees 

21 (including baggage fees), ancillary costs, or pen22 alties. 


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1 SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN 

2 THE LAS VEGAS MCCARRAN INTERNATIONAL 

3 AIRPORT ENVIRONS OVERLAY DISTRICT FOR 

4 TRANSIENT LODGING AND ASSOCIATED FA5 CILITIES. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and except as provided in subsection (b), Clark 

8 County, Nevada, is authorized to permit transient lodging, 

9 including hotels, and associated facilities, including en10 closed auditoriums, concert halls, sports arenas, and 

11 places of public assembly, on lands in the Las Vegas 

12 McCarran International Airport Environs Overlay District 

13 that fall below the forecasted 2017 65 dB day-night an14 nual average noise level (DNL), as identified in the Noise 

15 Exposure Map Notice published by the Federal Aviation 

16 Administration in the Federal Register on July 24, 2007 

17 (72 Fed. Reg. 40357), and adopted into the Clark County 

18 Development Code in June 2008. 

19 (b) LIMITATION.—No structure may be permitted 

20 under subsection (a) that would constitute a hazard to air 

21 navigation, result in an increase to minimum flight alti22 tudes, or otherwise pose a significant adverse impact on 

23 airport or aircraft operations. 


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1 TITLE V—SAFETY 

2 SUBTITLE A—AVIATION SAFETY 

3 SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. 

4 Not later than December 31, 2009, the Administrator 

5 of the Federal Aviation Administration shall issue a plan 

6 to develop an installation and deployment schedule for sys7 tems the Administration is installing to alert controllers 

8 and flight crews to potential runway incursions. The plan 

9 shall be integrated into the annual Federal Aviation Ad10 ministration NextGen Implementation Plan. 

11 SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER12 TIFICATES. 

13 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec14 tion 44703(d) is amended by adding at the end the fol15 lowing: 

16 ‘‘(3) JUDICIAL REVIEW.—A person substantially af17 fected by an order of the Board under this subsection, or 

18 the Administrator when the Administrator decides that an 

19 order of the Board will have a significant adverse impact 

20 on carrying out this part, may obtain judicial review of 

21 the order under section 46110 of this title. The Adminis22 trator shall be made a party to the judicial review pro23 ceedings. The findings of fact of the Board in any such 

24 case are conclusive if supported by substantial evidence.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

2 amended by striking ‘‘section 44709 or’’ and inserting 

3 ‘‘section 44703(d), 44709, or’’. 

4 SEC. 503. RELEASE OF DATA RELATING TO ABANDONED 

5 TYPE CERTIFICATES AND SUPPLEMENTAL 

6 TYPE CERTIFICATES. 

7 Section 44704(a) is amended by adding at the end 

8 the following: 

9 ‘‘(5) RELEASE OF DATA.— 

10 ‘‘(A) Notwithstanding any other provision of 

11 law, the Administrator may designate, without the 

12 consent of the owner of record, engineering data in 

13 the agency’s possession related to a type certificate 

14 or a supplemental type certificate for an aircraft, en15 gine, propeller or appliance as public data, and 

16 therefore releasable, upon request, to a person seek17 ing to maintain the airworthiness of such product, if 

18 the Administrator determines that— 

19 ‘‘(i) the certificate containing the requested 

20 data has been inactive for 3 years; 

21 ‘‘(ii) the owner of record, or the owner of 

22 record’s heir, of the type certificate or supple23 mental certificate has not been located despite 

24 a search of due diligence by the agency; and 


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1 ‘‘(iii) the designation of such data as pub2 lic data will enhance aviation safety. 

3 ‘‘(B) In this section, the term ‘engineering 

4 data’ means type design drawings and specifications 

5 for the entire product or change to the product, in6 cluding the original design data, and any associated 

7 supplier data for individual parts or components ap8 proved as part of the particular aeronautical product 

9 certificate.’’. 

10 SEC. 504. DESIGN ORGANIZATION CERTIFICATES. 

11 Section 44704(e) is amended— 

12 (1) by striking ‘‘Beginning 7 years after the 

13 date of enactment of this subsection,’’ in paragraph 

14 (1) and inserting ‘‘Effective January 1, 2013,’’; 

15 (2) by striking ‘‘testing’’ in paragraph (2) and 

16 inserting ‘‘production’’; and 

17 (3) by striking paragraph (3) and inserting the 

18 following: 

19 ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE20 SIGN ORGANIZATION CERTIFICATION.—The Adminis21 trator may rely on the Design Organization for cer22 tification of compliance under this section.’’. 


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1 SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 

2 DATABASE SYSTEMS. 

3 (a) IN GENERAL.—Chapter 401 is amended by add4 ing at the end thereof 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) Notwithstanding section 534 of title 28 

10 and the implementing regulations for such section 

11 (28 C.F.R. part 20), the Administrator of the Fed12 eral Aviation Administration is authorized to access 

13 a 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 its civil and administrative responsibilities to 

17 protect the safety and security of the National Air18 space System or to support the missions of the De19 partment of Justice, the Department of Homeland 

20 Security, and other law enforcement agencies. The 

21 Administrator shall be subject to the same condi22 tions or procedures established by the Department 

23 of Justice or State for access to such an information 

24 system by other governmental agencies with access 

25 to the system. 


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1 ‘‘(2) The Administrator may not use the access 

2 authorized under paragraph (1) to conduct criminal 

3 investigations. 

4 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

5 shall, by order, designate those employees of the Adminis6 tration who shall carry out the authority described in sub7 section (a). Such designated employees may— 

8 ‘‘(1) have access to and receive criminal history, 

9 driver, vehicle, and other law enforcement informa10 tion contained in the law enforcement databases of 

11 the Department of Justice, or of any jurisdiction in 

12 a State in the same manner as a police officer em13 ployed by a State or local authority of that State 

14 who is certified or commissioned under the laws of 

15 that State; 

16 ‘‘(2) use any radio, data link, or warning sys17 tem of the Federal Government and of any jurisdic18 tion in a State that provides information about 

19 wanted persons, be-on-the-lookout notices, or war20 rant status or other officer safety information to 

21 which a police officer employed by a State or local 

22 authority in that State who is certified or commis23 sion under the laws of that State has access and in 

24 the same manner as 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

8 INFORMATION DEFINED.—In this section the term ‘sys9 tem of documented criminal justice information’ means 

10 any law enforcement databases, systems, or communica11 tions containing information concerning identification, 

12 criminal history, arrests, convictions, arrest warrants, or 

13 wanted or missing persons, including the National Crime 

14 Information Center and its incorporated criminal history 

15 databases and the National Law Enforcement Tele16 communications System.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents for chapter 401 is amended by inserting after the 

19 item relating to section 40129 the following: 

‘‘40130. FAA access to criminal history records or databases systems’’. 

20 SEC. 506. PILOT FATIGUE. 

21 (a) FLIGHT AND DUTY TIME REGULATIONS.— 

22 (1) IN GENERAL.—In accordance with para23 graph (2), the Administrator of the Federal Aviation 

24 Administration shall issue regulations, based on the 

25 best available scientific information— 


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1 (A) to specify limitations on the hours of 

2 flight and duty time allowed for pilots to ad3 dress problems relating to pilot fatigue; and 

4 (B) to require part 121 air carriers to de5 velop and implement fatigue risk management 

6 plans. 

7 (2) DEADLINES.—The Administrator shall 

8 issue— 

9 (A) not later than 180 days after the date 

10 of enactment of this Act, a notice of proposed 

11 rulemaking under paragraph (1); and 

12 (B) not later than one year after the date 

13 of enactment of this Act, a final rule under 

14 paragraph (1). 

15 (b) FATIGUE RISK MANAGEMENT PLAN.— 

16 (1) SUBMISSION OF FATIGUE RISK MANAGE17 MENT PLAN BY PART 121 AIR CARRIERS.—Not later 

18 than 90 days after the date of enactment of this 

19 Act, each part 121 air carrier shall submit to the 

20 Administrator for review and approval a fatigue risk 

21 management plan. 

22 (2) CONTENTS OF PLAN.—A fatigue risk man23 agement plan submitted by a part 121 air carrier 

24 under paragraph (1) shall include the following: 


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1 (A) Current flight time and duty period 

2 limitations. 

3 (B) A rest scheme that enables the man4 agement of fatigue, including annual training to 

5 increase awareness of— 

6 (i) fatigue; 

7 (ii) the effects of fatigue on pilots; 

8 and 

9 (iii) fatigue countermeasures. 

10 (C) Development and use of a methodology 

11 that continually assesses the effectiveness of the 

12 program, including the ability of the program— 

13 (i) to improve alertness; and 

14 (ii) to mitigate performance errors. 

15 (3) PLAN UPDATES.—A part 121 air carrier 

16 shall update its fatigue risk management plan under 

17 paragraph (1) every 2 years and submit the update 

18 to the Administrator for review and approval. 

19 (4) APPROVAL.— 

20 (A) INITIAL APPROVAL OR MODIFICA21 TION.—Not later than 9 months after the date 

22 of enactment of this Act, the Administrator 

23 shall review and approve or require modification 

24 to fatigue risk management plans submitted 


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1 under this subsection to ensure that pilots are 

2 not operating aircraft while fatigued. 

3 (B) UPDATE APPROVAL OR MODIFICA4 TION.—Not later than 9 months after submis5 sion of a plan update under paragraph (3), the 

6 Administrator shall review and approve or re7 quire modification to such update. 

8 (5) CIVIL PENALTIES.—A violation of this sub9 section by a part 121 air carrier shall be treated as 

10 a violation of chapter 447 of title 49, United States 

11 Code, for purposes of the application of civil pen12 alties under chapter 463 of that title. 

13 (6) LIMITATION ON APPLICABILITY.—The re14 quirements of this subsection shall cease to apply to 

15 a part 121 air carrier on and after the effective date 

16 of the regulations to be issued under subsection (a). 

17 (c) EFFECT OF COMMUTING ON FATIGUE.— 

18 (1) IN GENERAL.—Not later than 60 days after 

19 the date of enactment of this Act, the Administrator 

20 shall enter into appropriate arrangements with the 

21 National Academy of Sciences to conduct a study of 

22 the effects of commuting on pilot fatigue and report 

23 its findings to the Administrator. 

24 (2) STUDY.—In conducting the study, the Na25 tional Academy of Sciences shall consider— 


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1 (A) the prevalence of pilot commuting in 

2 the commercial air carrier industry, including 

3 the number and percentage of pilots who com4 mute; 

5 (B) information relating to commuting by 

6 pilots, including distances traveled, time zones 

7 crossed, time spent, and methods used; 

8 (C) research on the impact of commuting 

9 on pilot fatigue, sleep, and circadian rhythms; 

10 (D) commuting policies of commercial air 

11 carriers (including passenger and all-cargo air 

12 carriers), including pilot check-in requirements 

13 and sick leave and fatigue policies; 

14 (E) post-conference materials from the 

15 Federal Aviation Administration’s June 2008 

16 symposium entitled ‘‘Aviation Fatigue Manage17 ment Symposium: Partnerships for Solutions’’; 

18 (F) Federal Aviation Administration and 

19 international policies and guidance regarding 

20 commuting; and 

21 (G) any other matters as the Adminis22 trator considers appropriate. 

23 (3) PRELIMINARY FINDINGS.—Not later than 

24 90 days after the date of entering into arrangements 

25 under paragraph (1), the National Academy of 


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1 Sciences shall submit to the Administrator its pre2 liminary findings under the study. 

3 (4) REPORT.—Not later than 6 months after 

4 the date of entering into arrangements under para5 graph (1), the National Academy of Sciences shall 

6 submit a report to the Administrator containing its 

7 findings under the study and any recommendations 

8 for regulatory or administrative actions by the Fed9 eral Aviation Administration concerning commuting 

10 by pilots. 

11 (5) RULEMAKING.—Following receipt of the re12 port of the National Academy of Sciences under 

13 paragraph (4), the Administrator shall— 

14 (A) consider the findings and recommenda15 tions in the report; and 

16 (B) update, as appropriate based on sci17 entific data, regulations required by subsection 

18 (a) on flight and duty time. 

19 SEC. 507. INCREASING SAFETY FOR HELICOPTER AND 

20 FIXED WING EMERGENCY MEDICAL SERVICE 

21 OPERATORS AND PATIENTS. 

22 (a) COMPLIANCE REGULATIONS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), not later than 18 months after the date 

25 of enactment of this Act, helicopter and fixed wing 


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1 aircraft certificate holders providing emergency med2 ical services shall comply with part 135 of title 14, 

3 Code of Federal Regulations, if there is a medical 

4 crew on board, without regard to whether there are 

5 patients on board. 

6 (2) EXCEPTION.—If a certificate holder de7 scribed in paragraph (1) is operating under instru8 ment flight rules or is carrying out training there9 for— 

10 (A) the weather minimums and duty and 

11 rest time regulations under such part 135 of 

12 such title shall apply; and 

13 (B) the weather reporting requirement at 

14 the destination shall not apply until such time 

15 as the Administrator of the Federal Aviation 

16 Administration determines that portable, reli17 able, and accurate ground-based weather meas18 uring and reporting systems are available. 

19 (b) IMPLEMENTATION OF FLIGHT RISK EVALUATION

20 PROGRAM.— 

21 (1) INITIATION.—Not later than 60 days after 

22 the date of enactment of this Act, the Administrator 

23 of the Federal Aviation Administration shall initiate 

24 a rulemaking— 


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1 (A) to create a standardized checklist of 

2 risk evaluation factors based on Notice 

3 8000.301, which was issued by the Administra4 tion on August 1, 2005; and 

5 (B) to require helicopter and fixed wing 

6 aircraft emergency medical service operators to 

7 use the checklist created under subparagraph 

8 (A) to determine whether a mission should be 

9 accepted. 

10 (2) COMPLETION.—The rulemaking initiated 

11 under paragraph (1) shall be completed not later 

12 than 18 months after it is initiated. 

13 (c) COMPREHENSIVE CONSISTENT FLIGHT DIS14 PATCH PROCEDURES.— 

15 (1) INITIATION.—Not later than 60 days after 

16 the date of enactment of this Act, the Administrator 

17 of the Federal Aviation Administration shall initiate 

18 a rulemaking— 

19 (A) to require that helicopter and fixed 

20 wing emergency medical service operators for21 malize and implement performance based flight 

22 dispatch and flight-following procedures; and 

23 (B) to develop a method to assess and en24 sure that such operators comply with the re25 quirements described in subparagraph (A). 


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1 (2) COMPLETION.—The rulemaking initiated 

2 under paragraph (1) shall be completed not later 

3 than 18 months after it is initiated. 

4 (d) IMPROVING SITUATIONAL AWARENESS.—Within 

5 1 year after the date of enactment of this Act, any heli6 copter or fixed-wing aircraft used for emergency medical 

7 service shall have on board a device that performs the 

8 function of a terrain awareness and warning system and 

9 a means of displaying that information that meets the re10 quirements of the applicable Federal Aviation Administra11 tion Technical Standard Order or other guidance pre12 scribed by the Administrator. 

13 (e) IMPROVING THE DATA AVAILABLE ON AIR MED14 ICAL OPERATIONS.— 

15 (1) IN GENERAL.—The Administrator of the 

16 Federal Aviation Administration shall require each 

17 certificate holder for helicopters and fixed-wing air18 craft used for emergency medical service operations 

19 to report not later than 1 year after the date of en20 actment of this Act and annually thereafter on— 

21 (A) the number of aircraft and helicopters 

22 used to provide air ambulance services, the reg23 istration number of each of these aircraft or 

24 helicopters, and the base location of each of 

25 these aircraft or helicopters; 


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1 (B) the number of flights and hours flown 

2 by each such aircraft or helicopter used by the 

3 certificate holder to provide such services dur4 ing the reporting period; 

5 (C) the number of flights and the purpose 

6 of each flight for each aircraft or helicopter 

7 used by the certificate holder to provide such 

8 services during the reporting period; 

9 (D) the number of flight requests for a 

10 helicopter providing helicopter air ambulance 

11 services that were accepted or declined by the 

12 certificate holder and the type of each such 

13 flight request (such as scene response, inter-fa14 cility transport, organ transport, or ferry or 

15 repositioning flight); 

16 (E) the number of accidents involving heli17 copters operated by the certificate holder while 

18 providing helicopter air ambulance services and 

19 a description of the accidents; 

20 (F) the number of flights and hours flown 

21 under instrument flight rules by helicopters op22 erated by the certificate holder while providing 

23 helicopter air ambulance services; 

24 (G) the time of day of each flight flown by 

25 helicopters operated by the certificate holder 


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1 while providing helicopter air ambulance serv2 ices; and 

3 (H) The number of incidents where more 

4 helicopters arrive to transport patients than is 

5 needed in a flight request or scene response. 

6 (2) REPORT TO CONGRESS.—The Adminis7 trator of the Federal Aviation Administration shall 

8 report to Congress on the information received pur9 suant to paragraph (1) of this subsection no later 

10 than 18 months after the date of enactment of this 

11 Act. 

12 (f) IMPROVING THE DATA AVAILABLE TO NTSB IN13 VESTIGATORS AT CRASH SITES.— 

14 (1) STUDY.—Not later than 120 days after the 

15 date of enactment of this Act, the Administrator of 

16 the Federal Aviation Administration shall issue a re17 port that indicates the availability, survivability, size, 

18 weight, and cost of devices that perform the function 

19 of recording voice communications and flight data 

20 information on existing and new helicopters and ex21 isting and new fixed wing aircraft used for emer22 gency medical service operations. 

23 (2) RULEMAKING.—Not later than 1 year after 

24 the date of enactment of this Act, the Administrator 

25 of the Federal Aviation Administration shall issue 


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1 regulations that require devices that perform the 

2 function of recording voice communications and 

3 flight data information on board aircraft described 

4 in paragraph (1). 

5 SEC. 508. CABIN CREW COMMUNICATION. 

6 (a) IN GENERAL.—Section 44728 is amended— 

7 (1) by redesignating subsection (f) as sub8 section (g); and 

9 (2) by inserting after subsection (e) the fol10 lowing: 

11 ‘‘(f) MINIMUM LANGUAGE SKILLS.— 

12 ‘‘(1) IN GENERAL.—No certificate holder may 

13 use any person to serve, nor may any person serve, 

14 as a flight attendant under this part, unless that 

15 person has demonstrated to an individual qualified 

16 to determine proficiency the ability to read, speak, 

17 and write English well enough to— 

18 ‘‘(A) read material written in English and 

19 comprehend the information; 

20 ‘‘(B) speak and understand English suffi21 ciently to provide direction to, and understand 

22 and answer questions from, English-speaking 

23 individuals; 

24 ‘‘(C) write incident reports and statements 

25 and log entries and statements; and 


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1 ‘‘(D) carry out written and oral instruc2 tions regarding the proper performance of their 

3 duties. 

4 ‘‘(2) FOREIGN FLIGHTS.—The requirements of 

5 paragraph (1) do not apply to service as a flight at6 tendant serving solely between points outside the 

7 United States.’’. 

8 (b) ADMINISTRATION.—The Administrator of the 

9 Federal Aviation Administration shall work with certifi10 cate holders to which section 44728(f) of title 49, United 

11 States Code, applies to facilitate compliance with the re12 quirements of section 44728(f)(1) of that title. 

13 SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDER14 STANDING WITH OSHA. 

15 (a) IN GENERAL.—Within 6 months after the date 

16 of enactment of this Act, the Administrator of the Federal 

17 Aviation Administration shall— 

18 (1) establish milestones, in consultation with 

19 the Occupational Safety and Health Administration, 

20 through a report to Congress for the completion of 

21 work begun under the August 2000 memorandum of 

22 understanding between the 2 Administrations and to 

23 address issues needing further action in the Admin24 istrations’ joint report in December 2000; and 


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1 (2) initiate development of a policy statement to 

2 set forth the circumstances in which Occupational 

3 Safety and Health Administration requirements may 

4 be applied to crewmembers while working in the air5 craft. 

6 (b) POLICY STATEMENT.—The policy statement to be 

7 developed under subsection (a)(2) shall be completed with8 in 18 months after the date of enactment of this Act and 

9 shall satisfy the following principles: 

10 (1) The establishment of a coordinating body 

11 similar to the Aviation Safety and Health Joint 

12 Team established by the August 2000 memorandum 

13 of understanding that includes representatives des14 ignated by both Administrations— 

15 (A) to examine the applicability of current 

16 and future Occupational Safety and Health Ad17 ministration regulations; 

18 (B) to recommend policies for facilitating 

19 the training of Federal Aviation Administration 

20 inspectors; and 

21 (C) to make recommendations that will 

22 govern the inspection and enforcement of safety 

23 and health standards on board aircraft in oper24 ation and all work-related environments. 


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1 (2) Any standards adopted by the Federal Avia2 tion Administration shall set forth clearly— 

3 (A) the circumstances under which an em4 ployer is required to take action to address oc5 cupational safety and health hazards; 

6 (B) the measures required of an employer 

7 under the standard; and 

8 (C) the compliance obligations of an em9 ployer under the standard. 

10 SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLE11 MENTATION OF REQUIRED NAVIGATION PER12 FORMANCE APPROACH PROCEDURES. 

13 (a) IN GENERAL.— 

14 (1) ANNUAL MINIMUM REQUIRED NAVIGATION

15 PERFORMANCE PROCEDURES.—The Administrator 

16 shall set a target of achieving a minimum of 200 

17 Required Navigation Performance procedures each 

18 fiscal year through fiscal year 2012, with 25 percent 

19 of that target number meeting the low visibility ap20 proach criteria consistent with the NextGen Imple21 mentation Plan. 

22 (2) USE OF THIRD PARTIES.—The Adminis23 trator is authorized to provide third parties the abil24 ity to design, flight check, and implement Required 

25 Navigation Performance approach procedures. 


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1 (b) DOT INSPECTOR GENERAL REVIEW OF OPER2 ATIONAL AND APPROACH PROCEDURES BY A THIRD

3 PARTY.— 

4 (1) REVIEW.—The Inspector General of the De5 partment of Transportation shall conduct a review 

6 regarding the effectiveness of the oversight activities 

7 conducted by the Administration in connection with 

8 any agreement with or delegation of authority to a 

9 third party for the development of flight procedures, 

10 including public use procedures, for the National 

11 Airspace System. 

12 (2) ASSESSMENTS.—The Inspector General 

13 shall include, at a minimum, in the review— 

14 (A) an assessment of the extent to which 

15 the Administration is relying or intends to rely 

16 on a third party for the development of new 

17 procedures and a determination of whether the 

18 Administration has established sufficient mech19 anisms and staffing to provide safety oversight 

20 functions, which may include quality assurance 

21 processes, flight checks, integration of proce22 dures into the National Aviation System, and 

23 operational assessments of procedures developed 

24 by third parties; and 


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1 (B) an assessment regarding whether the 

2 Administration has sufficient existing personnel 

3 and technical resources or mechanisms to de4 velop such flight procedures in a safe and effi5 cient manner to meet the demands of the Na6 tional Airspace System without the use of third 

7 party resources. 

8 (c) REPORT.—No later than 1 year after the date of 

9 enactment of this Act, the Inspector General shall submit 

10 to the Senate Committee on Commerce, Science, and 

11 Transportation and the House of Representatives Com12 mittee on Transportation and Infrastructure a report on 

13 the results of the review conducted under this section. 

14 SEC. 511. IMPROVED SAFETY INFORMATION. 

15 Not later than December 31, 2009, the Administrator 

16 of the Federal Aviation Administration shall issue a final 

17 rule in docket No. FAA–2008–0188, Re-registration and 

18 Renewal of Aircraft Registration. The final rule shall in19 clude— 

20 (1) provision for the expiration of a certificate 

21 for an aircraft registered as of the date of enactment 

22 of this Act, with re-registration requirements for 

23 those aircraft that remain eligible for registration; 


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1 (2) provision for the periodic expiration of all 

2 certificates issued after the effective date of the rule 

3 with a registration renewal process; and 

4 (3) other measures to promote the accuracy and 

5 efficient operation and value of the Administration’s 

6 aircraft registry. 

7 SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 

8 IMPROVEMENTS. 

9 (a) IN GENERAL.—Within 180 days after the date 

10 of enactment of this Act, the Administrator of the Federal 

11 Aviation Administration shall— 

12 (1) take such action as may be necessary to en13 sure that the Voluntary Disclosure Reporting Proc14 ess requires inspectors— 

15 (A) to evaluate corrective action proposed 

16 by an air carrier with respect to a matter dis17 closed by that air carrier is sufficiently com18 prehensive in scope and application and applies 

19 to all affected aircraft operated by that air car20 rier before accepting the proposed voluntary 

21 disclosure; 

22 (B) to verify that corrective action so iden23 tified by an air carrier is completed within the 

24 timeframe proposed; and 


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1 (C) to verify by inspection that the car2 rier’s corrective action adequately corrects the 

3 problem that was disclosed; and 

4 (2) establish a second level supervisory review 

5 of disclosures under the Voluntary Disclosure Re6 porting Process before any proposed disclosure is ac7 cepted and closed that will ensure that a matter dis8 closed by an air carrier— 

9 (A) has not been previously identified by a 

10 Federal Aviation Administration inspector; and 

11 (B) has not been previously disclosed by 

12 the carrier in the preceding 5 years. 

13 (b) GAO STUDY.— 

14 (1) IN GENERAL.—The Comptroller General 

15 shall conduct a study of the Voluntary Disclosure 

16 Reporting Program. 

17 (2) REVIEW.—In conducting the study, the 

18 Comptroller General shall examine, at a minimum, 

19 whether— 

20 (A) there is evidence that voluntary disclo21 sure is resulting in regulated entities discov22 ering and correcting violations to a greater ex23 tent than would otherwise occur if there was no 

24 program for immunity from enforcement action; 


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1 (B) the voluntary disclosure program 

2 makes the Federal Aviation Administration 

3 aware of violations that it would not have dis4 covered if there was not a program, and if a 

5 violation is disclosed voluntarily, whether the 

6 Administration insists on stronger corrective ac7 tions than would have occurred if the regulated 

8 entity knew of a violation, but the Administra9 tion did not; 

10 (C) the information the Administration 

11 gets under the program leads to fewer viola12 tions by other entities, either because the infor13 mation leads other entities to look for similar 

14 violations or because the information leads Ad15 ministration investigators to look for similar 

16 violations at other entities; and 

17 (D) there is any evidence that voluntary 

18 disclosure has improved compliance with regula19 tions, either for the entities making disclosures 

20 or for the industry generally. 

21 (3) REPORT.—Not later than one year after the 

22 date of enactment of this Act, the Comptroller Gen23 eral shall submit a report to the Senate Committee 

24 on Commerce, Science, and Transportation and the 

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1 tation and Infrastructure on the results of the study 

2 conducted under this subsection. 

3 SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPEC4 TIONS. 

5 (a) IN GENERAL.—Section 44711 is amended by 

6 adding at the end the following: 

7 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT

8 STANDARDS INSPECTORS.— 

9 ‘‘(1) PROHIBITION.—A person holding an oper10 ating certificate issued under title 14, Code of Fed11 eral Regulations, may not knowingly employ, or 

12 make a contractual arrangement which permits, an 

13 individual to act as an agent or representative of the 

14 certificate holder in any matter before the Federal 

15 Aviation Administration if the individual, in the pre16 ceding 3-year period— 

17 ‘‘(A) served as, or was responsible for over18 sight of, a flight standards inspector of the Ad19 ministration; and 

20 ‘‘(B) had responsibility to inspect, or over21 see inspection of, the operations of the certifi22 cate holder. 

23 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

24 For purposes of paragraph (1), an individual shall 

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1 tive of a certificate holder in a matter before the 

2 Federal Aviation Administration if the individual 

3 makes any written or oral communication on behalf 

4 of the certificate holder to the Administration (or 

5 any of its officers or employees) in connection with 

6 a particular matter, whether or not involving a spe7 cific party and without regard to whether the indi8 vidual has participated in, or had responsibility for, 

9 the particular matter while serving as a flight stand10 ards inspector of the Administration.’’. 

11 (b) APPLICABILITY.—The amendment made by sub12 section (a) shall not apply to an individual employed by 

13 a certificate holder as of the date of enactment of this 

14 Act. 

15 SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES. 

16 Within 30 days after the date of enactment of this 

17 Act, the Comptroller General shall initiate a review and 

18 investigation of air safety issues identified by Federal 

19 Aviation Administration employees and reported to the 

20 Administrator. The Comptroller General shall report the 

21 Government Accountability Office’s findings and rec22 ommendations to the Administrator, the Senate Com23 mittee on Commerce, Science, and Transportation, and 

24 the House of Representatives Committee on Transpor25 tation and Infrastructure on an annual basis. 


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1 SEC. 515. NATIONAL REVIEW TEAM. 

2 (a) IN GENERAL.—Within 180 days after the date 

3 of enactment of this Act, the Administrator of the Federal 

4 Aviation Administration shall establish a national review 

5 team within the Administration to conduct periodic, unan6 nounced, and random reviews of the Administration’s 

7 oversight of air carriers and report annually its findings 

8 and recommendations to the Administrator, the Senate 

9 Commerce, Science, and Transportation Committee, and 

10 the House of Representatives Committee on Transpor11 tation and Infrastructure. 

12 (b) LIMITATION.—The Administrator shall prohibit a 

13 member of the National Review Team from participating 

14 in any review or audit of an air carrier under subsection 

15 (a) if the member has previously had responsibility for in16 specting, or overseeing the inspection of, the operations 

17 of that air carrier. 

18 (c) INSPECTOR GENERAL REPORTS.—The Inspector 

19 General of the Department of Transportation shall provide 

20 progress reports to the Senate Committee on Commerce, 

21 Science, and Transportation and the House of Represent22 atives Committee on Transportation and Infrastructure on 

23 the review teams and their effectiveness. 

24 SEC. 516. FAA ACADEMY IMPROVEMENTS. 

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1 tion Administration shall conduct a comprehensive review 

2 and evaluation of its Academy and facility training efforts. 

3 (b) FACILITY TRAINING PROGRAM.—The Adminis4 trator shall— 

5 (1) clarify responsibility for oversight and direc6 tion of the Academy’s facility training program at 

7 the national level; 

8 (2) communicate information concerning that 

9 responsibility to facility managers; and 

10 (3) establish standards to identify the number 

11 of developmental controllers that can be accommo12 dated at each facility, based on— 

13 (A) the number of available on-the-job14 training instructors; 

15 (B) available classroom space; 

16 (C) the number of available simulators; 

17 (D) training requirements; and 

18 (E) the number of recently placed new per19 sonnel already in training. 

20 SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPER21 ATIONAL ERRORS. 

22 (a) PLAN.—The Administrator of the Federal Avia23 tion Administration shall develop a plan for the reduction 

24 of runway incursions by reviewing every commercial serv25 ice airport (as defined in section 47102 of title 49, United 


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1 States Code) in the United States and initiating action 

2 to improve airport lighting, provide better signage, and 

3 improve runway and taxiway markings. 

4 (b) PROCESS.—Within 1 year after the date of enact5 ment of this Act, the Administrator of the Federal Avia6 tion Administration shall develop a process for tracking 

7 and investigating operational errors and runway incur8 sions that includes— 

9 (1) identifying the office responsible for estab10 lishing regulations regarding operational errors and 

11 runway incursions; 

12 (2) identifying who is responsible for tracking 

13 and investigating operational errors and runway in14 cursions and taking remedial actions; 

15 (3) identifying who is responsible for tracking 

16 operational errors and runway incursions, including 

17 a process for lower level employees to report to high18 er supervisory levels; and 

19 (4) periodic random audits of the oversight 

20 process. 

21 SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGA22 TION OFFICE. 

23 Section 106 is amended by adding at the end the fol24 lowing: 


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1 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVES2 TIGATION OFFICE.— 

3 ‘‘(1) ESTABLISHMENT.—There is established in 

4 the Administration an Aviation Safety Whistleblower 

5 Investigation Office. 

6 ‘‘(2) DIRECTOR.— 

7 ‘‘(A) APPOINTMENT.—The head of the Of8 fice shall be the Director, who shall be ap9 pointed by the Secretary of Transportation. 

10 ‘‘(B) QUALIFICATIONS.—The Director 

11 shall have a demonstrated ability in investiga12 tions and knowledge of or experience in avia13 tion. 

14 ‘‘(C) TERM.—The Director shall be ap15 pointed for a term of 5 years. 

16 ‘‘(D) VACANCY.—Any individual appointed 

17 to fill a vacancy in the position of the Director 

18 occurring before the expiration of the term for 

19 which the individual’s predecessor was ap20 pointed shall be appointed for the remainder of 

21 that term. 

22 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 

23 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di24 rector shall— 


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1 ‘‘(i) receive complaints and informa2 tion submitted by employees of persons 

3 holding certificates issued under title 14, 

4 Code of Federal Regulations, and employ5 ees of the Administration concerning the 

6 possible existence of an activity relating to 

7 a violation of an order, regulation, or 

8 standard of the Administration or any 

9 other provision of Federal law relating to 

10 aviation safety; 

11 ‘‘(ii) assess complaints and informa12 tion submitted under clause (i) and deter13 mine whether a substantial likelihood ex14 ists that a violation of an order, regulation, 

15 or standard of the Administration or any 

16 other provision of Federal law relating to 

17 aviation safety may have occurred; and 

18 ‘‘(iii) based on findings of the assess19 ment conducted under clause (ii), make 

20 recommendations to the Administrator in 

21 writing for further investigation or correc22 tive actions. 

23 ‘‘(B) DISCLOSURE OF IDENTITIES.—The 

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1 dividual who submits a complaint or informa2 tion under subparagraph (A)(i) unless— 

3 ‘‘(i) the individual consents to the dis4 closure in writing; or 

5 ‘‘(ii) the Director determines, in the 

6 course of an investigation, that the disclo7 sure is unavoidable. 

8 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

9 Secretary, the Administrator, or any officer or 

10 employee of the Administration may not pre11 vent or prohibit the Director from initiating, 

12 carrying out, or completing any assessment of 

13 a complaint or information submitted subpara14 graph (A)(i) or from reporting to Congress on 

15 any such assessment. 

16 ‘‘(D) ACCESS TO INFORMATION.—In con17 ducting an assessment of a complaint or infor18 mation submitted under subparagraph (A)(i), 

19 the Director shall have access to all records, re20 ports, audits, reviews, documents, papers, rec21 ommendations, and other material necessary to 

22 determine whether a substantial likelihood ex23 ists that a violation of an order, regulation, or 

24 standard of the Administration or any other 


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1 provision of Federal law relating to aviation 

2 safety may have occurred. 

3 ‘‘(4) RESPONSES TO RECOMMENDA4 TIONS.—The Administrator shall respond to a 

5 recommendation made by the Director under 

6 subparagraph (A)(iii) in writing and retain 

7 records related to any further investigations or 

8 corrective actions taken in response to the rec9 ommendation. 

10 ‘‘(5) INCIDENT REPORTS.—If the Director de11 termines there is a substantial likelihood that a vio12 lation of an order, regulation, or standard of the Ad13 ministration or any other provision of Federal law 

14 relating to aviation safety may have occurred that 

15 requires immediate corrective action, the Director 

16 shall report the potential violation expeditiously to 

17 the Administrator and the Inspector General of the 

18 Department of Transportation. 

19 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

20 INSPECTOR GENERAL.—If the Director has reason21 able grounds to believe that there has been a viola22 tion of Federal criminal law, the Director shall re23 port the violation expeditiously to the Inspector Gen24 eral. 


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1 ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not 

2 later than October 1 of each year, the Director shall 

3 submit to Congress a report containing— 

4 ‘‘(A) information on the number of submis5 sions of complaints and information received by 

6 the Director under paragraph (3)(A)(i) in the 

7 preceding 12-month period; 

8 ‘‘(B) summaries of those submissions; 

9 ‘‘(C) summaries of further investigations 

10 and corrective actions recommended in response 

11 to the submissions; and 

12 ‘‘(D) summaries of the responses of the 

13 Administrator to such recommendations.’’. 

14 SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIA15 TIVE. 

16 (a) MODIFICATION OF INITIATIVE.—Not later than 

17 90 days after the date of enactment of this Act, the Ad18 ministrator of the Federal Aviation Administration shall 

19 modify the customer service initiative, mission and vision 

20 statements, and other statements of policy of the Adminis21 tration— 

22 (1) to remove any reference to air carriers or 

23 other entities regulated by the Administration as 

24 ‘‘customers’’; 


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1 (2) to clarify that in regulating safety the only 

2 customers of the Administration are members of the 

3 traveling public; and 

4 (3) to clarify that air carriers and other entities 

5 regulated by the Administration do not have the 

6 right to select the employees of the Administration 

7 who will inspect their operations. 

8 (b) SAFETY PRIORITY.—In carrying out the Adminis9 trator’s responsibilities, the Administrator shall ensure 

10 that safety is given a higher priority than preventing the 

11 dissatisfaction of an air carrier or other entity regulated 

12 by the Administration with an employee of the Adminis13 tration. 

14 SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPOR15 TATION OVERSIGHT SYSTEM DATABASE. 

16 (a) REVIEWS.—The Administrator of the Federal 

17 Aviation Administration shall establish a process by which 

18 the air transportation oversight system database of the 

19 Administration is reviewed by a team of employees of the 

20 Agency on a monthly basis to ensure that— 

21 (1) any trends in regulatory compliance are 

22 identified; and 

23 (2) appropriate corrective actions are taken in 

24 accordance with Agency regulations, advisory direc25 tives, policies, and procedures. 


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1 (b) MONTHLY TEAM REPORTS.— 

2 (1) IN GENERAL.—The team of employees con3 ducting a monthly review of the air transportation 

4 oversight system database under subsection (a) shall 

5 submit to the Administrator, the Associate Adminis6 trator for Aviation Safety, and the Director of 

7 Flight Standards a report on the results of the re8 view. 

9 (2) CONTENTS.—A report submitted under 

10 paragraph (1) shall identify— 

11 (A) any trends in regulatory compliance 

12 discovered by the team of employees in con13 ducting the monthly review; and 

14 (B) any corrective actions taken or pro15 posed to be taken in response to the trends. 

16 (c) QUARTERLY REPORTS TO CONGRESS.—The Ad17 ministrator, on a quarterly basis, shall submit a report 

18 to the Senate Committee on Commerce, Science, and 

19 Transportation and the House of Representatives Com20 mittee on Transportation and Infrastructure on the re21 sults of reviews of the air transportation oversight system 

22 database conducted under this section, including copies of 

23 reports received under subsection (b). 


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1 SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS. 

2 (a) IN GENERAL.—Chapter 447 is amended by add3 ing at the end the following: 

4 ‘‘§ 44730. Inspection of foreign repair stations 

5 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

6 enactment of the FAA Air Transportation Modernization 

7 and Safety Improvement Act the Administrator of the 

8 Federal Aviation Administration shall establish and imple9 ment a safety assessment system for all part 145 repair 

10 stations based on the type, scope, and complexity of work 

11 being performed. The system shall— 

12 ‘‘(1) ensure that repair stations outside the 

13 United States are subject to appropriate inspections 

14 based on identified risk and consistent with existing 

15 United States requirements; 

16 ‘‘(2) consider inspection results and findings 

17 submitted by foreign civil aviation authorities oper18 ating under a maintenance safety or maintenance 

19 implementation agreement with the United States in 

20 meeting the requirements of the safety assessment 

21 system; and 

22 ‘‘(3) require all maintenance safety or mainte23 nance implementation agreements to provide an op24 portunity for the Federal Aviation Administration to 

25 conduct independent inspections of covered part 145 


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1 repair stations when safety concerns warrant such 

2 inspections. 

3 ‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The 

4 Administrator shall notify the Senate Committee on Com5 merce, Science, and Transportation and the House of Rep6 resentatives Committee on Transportation and Infrastruc7 ture within 30 days after initiating formal negotiations 

8 with foreign aviation authorities or other appropriate for9 eign government agencies on a new maintenance safety or 

10 maintenance implementation agreement. 

11 ‘‘(c) ANNUAL REPORT.—The Administrator shall 

12 publish an annual report on the Federal Aviation Adminis13 tration’s oversight of part 145 repair stations and imple14 mentation of the safety assessment system required by 

15 subsection (a). The report shall— 

16 ‘‘(1) describe in detail any improvements in the 

17 Federal Aviation Administration’s ability to identify 

18 and track where part 121 air carrier repair work is 

19 performed; 

20 ‘‘(2) include a staffing model to determine the 

21 best placement of inspectors and the number of in22 spectors needed; 

23 ‘‘(3) describe the training provided to inspec24 tors; and 


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1 ‘‘(4) include an assessment of the quality of 

2 monitoring and surveillance by the Federal Aviation 

3 Administration of work provided by its inspectors 

4 and the inspectors of foreign authorities operating 

5 under a maintenance safety or implementation 

6 agreement. 

7 ‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCE TEST8 ING PROGRAM REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—The Secretaries of State 

10 and Transportation jointly shall request the govern11 ments of foreign countries that are members of the 

12 International Civil Aviation Organization to establish 

13 international standards for alcohol and controlled 

14 substances testing of persons that perform safety 

15 sensitive maintenance functions upon commercial air 

16 carrier aircraft. 

17 ‘‘(2) APPLICATION TO PART 121 AIRCRAFT

18 WORK.—Within 1 year after the date of enactment 

19 of the FAA Air Transportation Modernization and 

20 Safety Improvement Act the Administrator shall 

21 promulgate a proposed rule requiring that all part 

22 145 repair station employees responsible for safety23 sensitive functions on part 121 air carrier aircraft 

24 are subject to an alcohol and controlled substance 

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1 ministrator and consistent with the applicable laws 

2 of the country in which the repair station is located. 

3 ‘‘(e) BIANNUAL INSPECTIONS.—The Administrator 

4 shall require part 145 repair stations to be inspected twice 

5 each year by Federal Aviation Administration safety in6 spectors, regardless of where the station is located, in a 

7 manner consistent with United States obligations under 

8 international agreements. 

9 ‘‘(f) DEFINITIONS.—In this section: 

10 ‘‘(1) PART 121 AIR CARRIER.—The term ‘part 

11 121 air carrier’ means an air carrier that holds a 

12 certificate issued under part 121 of title 14, Code of 

13 Federal Regulations. 

14 ‘‘(2) PART 145 REPAIR STATION.—The term 

15 ‘part 145 repair station’ means a repair station that 

16 holds a certificate issued under part 145 of title 14, 

17 Code of Federal Regulations.’’. 

18 (b) CONFORMING AMENDMENT.—The table of con19 tents for chapter 447 is amended by adding at the end 

20 thereof the following: 

‘‘44730. Inspection of foreign repair stations’’. 

21 SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS. 

22 (a) REGULATIONS.—Not later than 3 years after the 

23 date of enactment of this Act, the Administrator of the 

24 Federal Aviation Administration shall issue regulations re25 quiring that all covered maintenance work on aircraft used 


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1 to provide air transportation under part 121 of title 14, 

2 Code of Federal Regulations, be performed by individuals 

3 in accordance with subsection (b). 

4 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

5 WORK.—No individual may perform covered maintenance 

6 work on aircraft used to provide air transportation under 

7 part 121 of title 14, Code of Federal Regulations unless 

8 that individual is employed by— 

9 (1) a part 121 air carrier; 

10 (2) a part 145 repair station or a person au11 thorized under section 43.17 of title 14, Code of 

12 Federal Regulations; 

13 (3) a person that provides contract maintenance 

14 workers or services to a part 145 repair station or 

15 part 121 air carrier, and the individual— 

16 (A) meets the requirements of the part 

17 121 air carrier or the part 145 repair station; 

18 (B) performs the work under the direct su19 pervision and control of the part 121 air carrier 

20 or the part 145 repair station directly in charge 

21 of the maintenance services; and 

22 (C) carries out the work in accordance 

23 with the part 121 air carrier’s maintenance 

24 manual; 


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1 (4) by the holder of a type certificate, produc2 tion certificate, or other production approval issued 

3 under part 21 of title 14, Code of Federal Regula4 tions, and the holder of such certificate or ap5 proval— 

6 (A) originally produced, and continues to 

7 produce, the article upon which the work is to 

8 be performed; and 

9 (B) is acting in conjunction with a part 

10 121 air carrier or a part 145 repair station. 

11 (d) DEFINITIONS.—In this section: 

12 (1) COVERED MAINTENANCE WORK.—The term 

13 ‘‘covered maintenance work’’ means maintenance 

14 work that is essential maintenance, regularly sched15 uled maintenance, or a required inspection item, as 

16 determined by the Administrator. 

17 (2) PART 121 AIR CARRIER.—The term ‘‘part 

18 121 air carrier’’ has the meaning given that term in 

19 section 44730(f)(1) of title 49, United States Code. 

20 (3) PART 145 REPAIR STATION.—The term 

21 ‘‘part 145 repair station’’ has the meaning given 

22 that term in section 44730(f)(2) of title 49, United 

23 States Code. 


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1 SUBTITLE B—FLIGHT SAFETY 

2 SEC. 551. FAA PILOT RECORDS DATABASE. 

3 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI4 CANTS.—Section 44703(h) is amended by adding at the 

5 end the following: 

6 ‘‘(16) APPLICABILITY.—This subsection shall 

7 cease to be effective on the date specified in regula8 tions issued under subsection (i).’’. 

9 (b) ESTABLISHMENT OF FAA PILOT RECORDS

10 DATABASE.—Section 44703 is amended— 

11 (1) by redesignating subsections (i) and (j) as 

12 subsections (j) and (k), respectively; and 

13 (2) by inserting after subsection (h) the fol14 lowing: 

15 ‘‘(i) FAA PILOT RECORDS DATABASE.— 

16 ‘‘(1) IN GENERAL.—Before allowing an indi17 vidual to begin service as a pilot, an air carrier shall 

18 access and evaluate, in accordance with the require19 ments of this subsection, information pertaining to 

20 the individual from the pilot records database estab21 lished under paragraph (2). 

22 ‘‘(2) PILOT RECORDS DATABASE.—The Admin23 istrator shall establish an electronic database (in this 

24 subsection referred to as the ‘database’) containing 

25 the following records: 


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1 ‘‘(A) FAA RECORDS.—From the Adminis2 trator— 

3 ‘‘(i) records that are maintained by 

4 the Administrator concerning current air5 man certificates, including airman medical 

6 certificates and associated type ratings and 

7 information on any limitations to those 

8 certificates and ratings; 

9 ‘‘(ii) records that are maintained by 

10 the Administrator concerning any failed at11 tempt of an individual to pass a practical 

12 test required to obtain a certificate or type 

13 rating under part 61 of title 14, Code of 

14 Federal Regulations; and 

15 ‘‘(iii) summaries of legal enforcement 

16 actions resulting in a finding by the Ad17 ministrator of a violation of this title or a 

18 regulation prescribed or order issued under 

19 this title that was not subsequently over20 turned. 

21 ‘‘(B) AIR CARRIER AND OTHER

22 RECORDS.—From any air carrier or other per23 son (except a branch of the Armed Forces, the 

24 National Guard, or a reserve component of the 

25 Armed Forces) that has employed an individual 


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1 as a pilot of a civil or public aircraft, or from 

2 the trustee in bankruptcy for such air carrier or 

3 person— 

4 ‘‘(i) records pertaining to the indi5 vidual that are maintained by the air car6 rier (other than records relating to flight 

7 time, duty time, or rest time), including 

8 records under regulations set forth in— 

9 ‘‘(I) section 121.683 of title 14, 

10 Code of Federal Regulations; 

11 ‘‘(II) paragraph (A) of section 

12 VI, appendix I, part 121 of such title; 

13 ‘‘(III) paragraph (A) of section 

14 IV, appendix J, part 121 of such title; 

15 ‘‘(IV) section 125.401 of such 

16 title; and 

17 ‘‘(V) section 135.63(a)(4) of such 

18 title; and 

19 ‘‘(ii) other records pertaining to the 

20 individual’s performance as a pilot that are 

21 maintained by the air carrier or person 

22 concerning— 

23 ‘‘(I) the training, qualifications, 

24 proficiency, or professional com25 petence of the individual, including 


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1 comments and evaluations made by a 

2 check airman designated in accord3 ance with section 121.411, 125.295, 

4 or 135.337 of such title; 

5 ‘‘(II) any disciplinary action 

6 taken with respect to the individual 

7 that was not subsequently overturned; 

8 and 

9 ‘‘(III) any release from employ10 ment or resignation, termination, or 

11 disqualification with respect to em12 ployment. 

13 ‘‘(C) NATIONAL DRIVER REGISTER

14 RECORDS.—In accordance with section 

15 30305(b)(8) of this title, from the chief driver 

16 licensing official of a State, information con17 cerning the motor vehicle driving record of the 

18 individual. 

19 ‘‘(3) WRITTEN CONSENT; RELEASE FROM LI20 ABILITY.—An air carrier— 

21 ‘‘(A) shall obtain the written consent of an 

22 individual before accessing records pertaining to 

23 the individual under paragraph (1); and 

24 ‘‘(B) may, notwithstanding any other pro25 vision of law or agreement to the contrary, reVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 quire an individual with respect to whom the 

2 carrier is accessing records under paragraph (1) 

3 to execute a release from liability for any claim 

4 arising from accessing the records or the use of 

5 such records by the air carrier in accordance 

6 with this section (other than a claim arising 

7 from furnishing information known to be false 

8 and maintained in violation of a criminal stat9 ute). 

10 ‘‘(4) REPORTING.— 

11 ‘‘(A) REPORTING BY ADMINISTRATOR.— 

12 The Administrator shall enter data described in 

13 paragraph (2)(A) into the database promptly to 

14 ensure that an individual’s records are current. 

15 ‘‘(B) REPORTING BY AIR CARRIERS AND

16 OTHER PERSONS.— 

17 ‘‘(i) IN GENERAL.—Air carriers and 

18 other persons shall report data described 

19 in paragraphs (2)(B) and (2)(C) to the 

20 Administrator promptly for entry into the 

21 database. 

22 ‘‘(ii) DATA TO BE REPORTED.—Air 

23 carriers and other persons shall report, at 

24 a minimum, under clause (i) the following 

25 data described in paragraph (2)(B): 


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1 ‘‘(I) Records that are generated 

2 by the air carrier or other person 

3 after the date of enactment of the 

4 FAA Air Transportation Moderniza5 tion and Safety Improvement Act. 

6 ‘‘(II) Records that the air carrier 

7 or other person is maintaining, on 

8 such date of enactment, pursuant to 

9 subsection (h)(4). 

10 ‘‘(5) REQUIREMENT TO MAINTAIN RECORDS.— 

11 The Administrator— 

12 ‘‘(A) shall maintain all records entered into 

13 the database under paragraph (2) pertaining to 

14 an individual until the date of receipt of notifi15 cation that the individual is deceased; and 

16 ‘‘(B) may remove the individual’s records 

17 from the database after that date. 

18 ‘‘(6) RECEIPT OF CONSENT.—The Adminis19 trator shall not permit an air carrier to access 

20 records pertaining to an individual from the data21 base under paragraph (1) without the air carrier 

22 first demonstrating to the satisfaction of the Admin23 istrator that the air carrier has obtained the written 

24 consent of the individual. 


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1 ‘‘(7) RIGHT OF PILOT TO REVIEW CERTAIN

2 RECORDS AND CORRECT INACCURACIES.—Notwith3 standing any other provision of law or agreement, 

4 the Administrator, upon receipt of written request 

5 from an individual— 

6 ‘‘(A) shall make available, not later than 

7 30 days after the date of the request, to the in8 dividual for review all records referred to in 

9 paragraph (2) pertaining to the individual; and 

10 ‘‘(B) shall provide the individual with a 

11 reasonable opportunity to submit written com12 ments to correct any inaccuracies contained in 

13 the records. 

14 ‘‘(8) REASONABLE CHARGES FOR PROCESSING

15 REQUESTS AND FURNISHING COPIES.—The Adminis16 trator may establish a reasonable charge for the cost 

17 of processing a request under paragraph (1) or (7) 

18 and for the cost of furnishing copies of requested 

19 records under paragraph (7). 

20 ‘‘(9) PRIVACY PROTECTIONS.— 

21 ‘‘(A) USE OF RECORDS.—An air carrier 

22 that accesses records pertaining to an individual 

23 under paragraph (1) may use the records only 

24 to assess the qualifications of the individual in 

25 deciding whether or not to hire the individual as 


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1 a pilot. The air carrier shall take such actions 

2 as may be necessary to protect the privacy of 

3 the individual and the confidentiality of the 

4 records accessed, including ensuring that infor5 mation contained in the records is not divulged 

6 to any individual that is not directly involved in 

7 the hiring decision. 

8 ‘‘(B) DISCLOSURE OF INFORMATION.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided by clause (ii), information collected 

11 by the Administrator under paragraph (2) 

12 shall be exempt from the disclosure re13 quirements of section 552 of title 5. 

14 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

15 not apply to— 

16 ‘‘(I) de-identified, summarized in17 formation to explain the need for 

18 changes in policies and regulations; 

19 ‘‘(II) information to correct a 

20 condition that compromises safety; 

21 ‘‘(III) information to carry out a 

22 criminal investigation or prosecution; 

23 ‘‘(IV) information to comply with 

24 section 44905, regarding information 

25 about threats to civil aviation; and 


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1 ‘‘(V) such information as the Ad2 ministrator determines necessary, if 

3 withholding the information would not 

4 be consistent with the safety respon5 sibilities of the Federal Aviation Ad6 ministration. 

7 ‘‘(10) PERIODIC REVIEW.—Not later than 18 

8 months after the date of enactment of the FAA Air 

9 Transportation Modernization and Safety Improve10 ment Act, and at least once every 3 years thereafter, 

11 the Administrator shall transmit to Congress a 

12 statement that contains, taking into account recent 

13 developments in the aviation industry— 

14 ‘‘(A) recommendations by the Adminis15 trator concerning proposed changes to Federal 

16 Aviation Administration records, air carrier 

17 records, and other records required to be in18 cluded in the database under paragraph (2); or 

19 ‘‘(B) reasons why the Administrator does 

20 not recommend any proposed changes to the 

21 records referred to in subparagraph (A). 

22 ‘‘(11) REGULATIONS FOR PROTECTION AND SE23 CURITY OF RECORDS.—The Administrator shall pre24 scribe such regulations as may be necessary— 

25 ‘‘(A) to protect and secure— 


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1 ‘‘(i) the personal privacy of any indi2 vidual whose records are accessed under 

3 paragraph (1); and 

4 ‘‘(ii) the confidentiality of those 

5 records; and 

6 ‘‘(B) to preclude the further dissemination 

7 of records received under paragraph (1) by the 

8 person who accessed the records. 

9 ‘‘(12) GOOD FAITH EXCEPTION.—Notwith10 standing paragraph (1), an air carrier may allow an 

11 individual to begin service as a pilot, without first 

12 obtaining information described in paragraph (2)(B) 

13 from the database pertaining to the individual, if— 

14 ‘‘(A) the air carrier has made a docu15 mented good faith attempt to access the infor16 mation from the database; and 

17 ‘‘(B) has received written notice from the 

18 Administrator that the information is not con19 tained in the database because the individual 

20 was employed by an air carrier or other person 

21 that no longer exists or by a foreign govern22 ment or other entity that has not provided the 

23 information to the database. 

24 ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO

25 RECORDS.— 


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1 ‘‘(A) ACCESS BY INDIVIDUALS DES2 IGNATED BY AIR CARRIERS.—For the purpose 

3 of increasing timely and efficient access to 

4 records described in paragraph (2), the Admin5 istrator may allow, under terms established by 

6 the Administrator, an individual designated by 

7 an air carrier to have electronic access to the 

8 database. 

9 ‘‘(B) TERMS.—The terms established by 

10 the Administrator under subparagraph (A) for 

11 allowing a designated individual to have elec12 tronic access to the database shall limit such 

13 access to instances in which information in the 

14 database is required by the designated indi15 vidual in making a hiring decision concerning a 

16 pilot applicant and shall require that the des17 ignated individual provide assurances satisfac18 tory to the Administrator that— 

19 ‘‘(i) the designated individual has re20 ceived the written consent of the pilot ap21 plicant to access the information; and 

22 ‘‘(ii) information obtained using such 

23 access will not be used for any purpose 

24 other than making the hiring decision. 

25 ‘‘(14) 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 

8 to 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 the FAA Air Transportation 

15 Modernization and Safety Improvement 

16 Act; 

17 ‘‘(ii) the Administrator shall maintain 

18 records in accordance with paragraph (5) 

19 beginning on the date of enactment of that 

20 Act; and 

21 ‘‘(iii) air carriers and other persons 

22 shall maintain records to be reported to 

23 the database under paragraph (4)(B) in 

24 the period beginning on such date of enact25 ment and ending on the date that is 5 


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1 years after the requirements of subsection 

2 (h) cease to be effective pursuant to sub3 paragraph (B). 

4 ‘‘(15) SPECIAL RULE.—During the one-year pe5 riod beginning on the date on which the require6 ments of this section become effective pursuant to 

7 paragraph (15)(B), paragraph (7)(A) shall be ap8 plied by substituting ‘45 days’ for ‘30 days’.’’. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) LIMITATION ON LIABILITY; PREEMPTION OF

11 STATE LAW.—Section 44703(j) (as redesignated by 

12 subsection (b)(1) of this section) is amended— 

13 (A) in the subsection heading by striking 

14 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

15 (B) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A) by striking ‘‘paragraph (2)’’ and 

18 inserting ‘‘subsection (h)(2) or (i)(3)’’; 

19 (ii) in subparagraph (A) by inserting 

20 ‘‘or accessing the records of that individual 

21 under subsection (i)(1)’’ before the semi22 colon; and 

23 (iii) in the matter following subpara24 graph (D) by striking ‘‘subsection (h)’’ and 

25 inserting ‘‘subsection (h) or (i)’’; 


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1 (C) in paragraph (2) by striking ‘‘sub2 section (h)’’ and inserting ‘‘subsection (h) or 

3 (i)’’; 

4 (D) in paragraph (3), in the matter pre5 ceding subparagraph (A), by inserting ‘‘or who 

6 furnished information to the database estab7 lished under subsection (i)(2)’’ after ‘‘sub8 section (h)(1)’’; and 

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

10 ‘‘(4) PROHIBITION ON ACTIONS AND PRO11 CEEDINGS AGAINST AIR CARRIERS.— 

12 ‘‘(A) HIRING DECISIONS.—An air carrier 

13 may refuse to hire an individual as a pilot if the 

14 individual did not provide written consent for 

15 the air carrier to receive records under sub16 section (h)(2)(A) or (i)(3)(A) or did not execute 

17 the release from liability requested under sub18 section (h)(2)(B) or (i)(3)(B). 

19 ‘‘(B) ACTIONS AND PROCEEDINGS.—No 

20 action or proceeding may be brought against an 

21 air carrier by or on behalf of an individual who 

22 has applied for or is seeking a position as a 

23 pilot with the air carrier if the air carrier re24 fused to hire the individual after the individual 

25 did not provide written consent for the air carVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 rier to receive records under subsection 

2 (h)(2)(A) or (i)(3)(A) or did not execute a re3 lease from liability requested under subsection 

4 (h)(2)(B) or (i)(3)(B).’’. 

5 (2) LIMITATION ON STATUTORY CONSTRUC6 TION.—Section 44703(k) (as redesignated by sub7 section (b)(1) of this section) is amended by striking 

8 ‘‘subsection (h)’’ and inserting ‘‘subsection (h) or 

9 (i)’’. 

10 SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS. 

11 (a) IN GENERAL.—Within 60 days after the date of 

12 enactment of this Act, the Administrator shall initiate and 

13 complete a rulemaking to require part 121 air carriers— 

14 (1) to implement, as part of their safety man15 agement systems— 

16 (A) an Aviation Safety Action Program; 

17 (B) a Flight Operations Quality Assurance 

18 Program; 

19 (C) a Line Operational Safety Audit Pro20 gram; and 

21 (D) a Flight Crew Fatigue Risk Manage22 ment Program; 

23 (2) to implement appropriate privacy protection 

24 safeguards with respect to data included in such 

25 programs; and 


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1 (3) to provide appropriate collaboration and 

2 operational oversight of regional/commuter air car3 riers by affiliated major air carriers that include— 

4 (A) periodic safety audits of flight oper5 ations; 

6 (B) training, maintenance, and inspection 

7 programs; and 

8 (C) provisions for the exchange of safety 

9 information. 

10 (b) EFFECT ON ADVANCED QUALIFICATION PRO11 GRAM.—Implementation of the programs under subsection 

12 (a)(1) neither limits nor invalidates the Federal Aviation 

13 Administration’s advanced qualification program. 

14 (c) LIMITATIONS ON DISCIPLINE AND ENFORCE15 MENT.—The Administrator shall require that each of the 

16 programs described in subsection (a)(1)(A) and (B) estab17 lish protections for an air carrier or employee submitting 

18 data or reports against disciplinary or enforcement actions 

19 by any Federal agency or employer. The protections shall 

20 not be less than the protections provided under Federal 

21 Aviation Administration Advisory Circulars governing 

22 those programs, including Advisory Circular AC No. 120– 

23 66 and AC No. 120–82. 

24 (d) CVR DATA.—The Administrator, acting in col25 laboration with aviation industry interested parties, shall 


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1 consider the merits and feasibility of incorporating cockpit 

2 voice recorder data in safety oversight practices. 

3 (e) ENFORCEMENT CONSISTENCY.—Within 9 months 

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

5 shall— 

6 (1) develop and implement a plan that will en7 sure that the FAA’s safety enforcement plan is con8 sistently enforced; and 

9 (2) ensure that the FAA’s safety oversight pro10 gram is reviewed periodically and updated as nec11 essary. 

12 SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES 

13 TO SAFETY RECOMMENDATIONS. 

14 (a) IN GENERAL.—The first sentence of section 

15 1135(a) is amended by inserting ‘‘to the National Trans16 portation Safety Board’’ after ‘‘shall give’’. 

17 (b) AIR CARRIER SAFETY RECOMMENDATIONS.— 

18 Section 1135 is amended— 

19 (1) by redesignating subsections (c) and (d) as 

20 subsections (d) and (e), respectively; and 

21 (2) by inserting after subsection (b) the fol22 lowing: 

23 ‘‘(c) ANNUAL REPORT ON AIR CARRIER SAFETY

24 RECOMMENDATIONS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall submit 

2 an annual report to the Congress and the Board on 

3 the recommendations made by the Board to the Sec4 retary regarding air carrier operations conducted 

5 under part 121 of title 14, Code of Federal Regula6 tions. 

7 ‘‘(2) RECOMMENDATIONS TO BE COVERED.— 

8 The 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 

12 part of the recommendation, but has yet to 

13 complete the procedures; and 

14 ‘‘(B) any recommendation for which the 

15 Secretary, in the preceding year, has issued a 

16 response under subsection (a)(2) or (a)(3) re17 fusing to carry out all or part of the procedures 

18 to adopt the recommendation. 

19 ‘‘(3) CONTENTS.— 

20 ‘‘(A) PLANS TO ADOPT RECOMMENDA21 TIONS.—For each recommendation of the 

22 Board described in paragraph (2)(A), the report 

23 shall 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 

13 Board described in paragraph (2)(B), the re14 port shall 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. 554. IMPROVED FLIGHT OPERATIONAL QUALITY AS21 SURANCE, AVIATION SAFETY ACTION, AND 

22 LINE OPERATIONAL SAFETY AUDIT PRO23 GRAMS. 

24 (a) LIMITATION ON DISCLOSURE AND USE OF IN25 FORMATION.— 


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1 (1) IN GENERAL.—Except as provided by this 

2 section, a party in a judicial proceeding may not use 

3 discovery to obtain— 

4 (A) an Aviation Safety Action Program re5 port; 

6 (B) Flight Operational Quality Assurance 

7 Program data; or 

8 (C) a Line Operations Safety Audit Pro9 gram report. 

10 (2) FOIA NOT APPLICABLE.—Section 522 of 

11 title 5, United States Code, shall not apply to re12 ports or data described in paragraph (1). 

13 (3) EXCEPTIONS.—Nothing in paragraph (1) or 

14 (2) prohibits the FAA from disclosing information 

15 contained in reports or data described in paragraph 

16 (1) if withholding the information would not be con17 sistent with the FAA’s safety responsibilities, includ18 ing— 

19 (A) a summary of information, with identi20 fying information redacted, to explain the need 

21 for changes in policies or regulations; 

22 (B) information provided to correct a con23 dition that compromises safety, if that condition 

24 continues uncorrected; or 


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1 (C) information provided to carry out a 

2 criminal investigation or prosecution. 

3 (b) PERMISSIBLE DISCOVERY FOR SUCH REPORTS

4 AND DATA.—Except as provided in subsection (c), a court 

5 may allow discovery by a party of an Aviation Safety Ac6 tion Program report, Flight Operational Quality Assur7 ance Program data, or a Line Operations Safety Audit 

8 Program report if, after an in camera review of the infor9 mation, the court determines that a party to a claim or 

10 defense in the proceeding shows a particularized need for 

11 the report or data that outweighs the need for confiden12 tiality of the report or data, considering the confidential 

13 nature of the report or data, and upon a showing that 

14 the report or data is both relevant to the preparation of 

15 a claim or defense and not otherwise known or available. 

16 (c) PROTECTIVE ORDER.—When a court allows dis17 covery, in a judicial proceeding, of an Aviation Safety Ac18 tion Program report, Flight Operational Quality Assur19 ance Program data, or a Line Operations Safety Audit 

20 Program report, the court shall issue a protective order— 

21 (1) to limit the use of the information contained 

22 in the report or data to the judicial proceeding; 

23 (2) to prohibit dissemination of the report or 

24 data to any person that does not need access to the 

25 report for the proceeding; and 


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1 (3) to limit the use of the report or data in the 

2 proceeding to the uses permitted for privileged self3 analysis information as defined under the Federal 

4 Rules of Evidence. 

5 (d) SEALED INFORMATION.—A court may allow an 

6 Aviation Safety Action Program report, Flight Oper7 ational Quality Assurance Program data, or a Line Oper8 ations Safety Audit Program report to be admitted into 

9 evidence in a judicial proceeding only if the court places 

10 the report or data under seal to prevent the use of the 

11 report or data for purposes other than for the proceeding. 

12 (e) SAFETY RECOMMENDATIONS.—This section does 

13 not prevent the National Transportation Safety Board 

14 from referring at any time to information contained in an 

15 Aviation Safety Action Program report, Flight Oper16 ational Quality Assurance Program data, or a Line Oper17 ations Safety Audit Program report in making safety rec18 ommendations. 

19 (f) WAIVER.—Any waiver of the privilege for self20 analysis information by a protected party, unless occa21 sioned by the party’s own use of the information in pre22 senting a claim or defense, must be in writing. 


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1 SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, 

2 TESTING, AND CERTIFICATION REQUIRE3 MENTS. 

4 (a) TRAINING AND TESTING.—The Administrator 

5 shall develop and implement a plan for reevaluation of 

6 flight crew training regulations in effect on the date of 

7 enactment of this Act, including regulations for— 

8 (1) classroom instruction requirements gov9 erning curriculum content and hours of instruction; 

10 (2) crew leadership training; and 

11 (3) initial and recurrent testing requirements 

12 for pilots, including the rigor and consistency of 

13 testing programs such as check rides. 

14 (b) BEST PRACTICES.—The plan shall incorporate 

15 best practices in the aviation industry with respect to 

16 training protocols, methods, and procedures. 

17 (c) CERTIFICATION.—The Administrator shall ini18 tiate a rulemaking to re-evaluate FAA regulations gov19 erning the minimum requirements— 

20 (1) to become a commercial pilot; 

21 (2) to receive an Air Transport Pilot Certificate 

22 to become a captain; and 

23 (3) to transition to a new type of aircraft. 

24 (d) REMEDIAL TRAINING PROGRAMS.— 

25 (1) IN GENERAL.—The Administrator shall ini26 tiate a rulemaking to require part 121 air carriers 


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1 to establish remedial training programs for 

2 flightcrew members who have demonstrated perform3 ance deficiencies or experienced failures in the train4 ing environment. 

5 (2) DEADLINES.—The Administrator shall— 

6 (A) not later than 180 days after the date 

7 of enactment of this Act, issue a notice of pro8 posed rulemaking under paragraph (1); and 

9 (B) not later than 24 months after the 

10 date of enactment of this Act, issue a final rule 

11 for the rulemaking. 

12 (e) STICK PUSHER TRAINING AND WEATHER EVENT

13 TRAINING.— 

14 (1) MULTIDISCIPLINARY PANEL.—Not later 

15 than 120 days after the date of enactment of this 

16 Act, the Administrator shall convene a multidisci17 plinary panel of specialists in aircraft operations, 

18 flightcrew member training, human factors, and 

19 aviation safety to study and submit to the Adminis20 trator a report on methods to increase the famili21 arity of flightcrew members with, and improve the 

22 response of flightcrew members to, stick pusher sys23 tems, icing conditions, and microburst and 

24 windshear weather events. 


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1 (2) REPORT TO CONGRESS.—Not later than one 

2 year after the date on which the Administrator con3 venes the panel, the Administrator shall— 

4 (A) submit a report to the Committee on 

5 Transportation and Infrastructure of the House 

6 of Representatives and the Committee on Com7 merce, Science, and Transportation based on 

8 the findings of the panel; and 

9 (B) with respect to stick pusher systems, 

10 initiate appropriate actions to implement the 

11 recommendations of the panel. 

12 SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFES13 SIONAL DEVELOPMENT, AND LEADERSHIP. 

14 (a) AVIATION RULEMAKING COMMITTEE.— 

15 (1) IN GENERAL.—The Administrator of the 

16 Federal Aviation Administration shall conduct an 

17 aviation rulemaking committee proceeding with 

18 stakeholders to develop procedures for each part 121 

19 air carrier to take the following actions: 

20 (A) Establish flightcrew member men21 toring programs under which the air carrier will 

22 pair highly experienced flightcrew members who 

23 will serve as mentor pilots and be paired with 

24 newly employed flightcrew members. Mentor pi25 lots should be provided, at a minimum, specific 


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1 instruction on techniques for instilling and rein2 forcing the highest standards of technical per3 formance, airmanship, and professionalism in 

4 newly employed flightcrew members. 

5 (B) Establish flightcrew member profes6 sional development committees made up of air 

7 carrier management and labor union or profes8 sional association representatives to develop, ad9 minister, and oversee formal mentoring pro10 grams of the carrier to assist flightcrew mem11 bers to reach their maximum potential as safe, 

12 seasoned, and proficient flightcrew members. 

13 (C) Establish or modify training programs 

14 to accommodate substantially different levels 

15 and types of flight experience by newly em16 ployed flightcrew members. 

17 (D) Establish or modify training programs 

18 for second-in-command flightcrew members at19 tempting to qualify as pilot-in-command 

20 flightcrew members for the first time in a spe21 cific aircraft type and ensure that such pro22 grams include leadership and command train23 ing. 


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1 (E) Ensure that recurrent training for pi2 lots in command includes leadership and com3 mand training. 

4 (F) Such other actions as the aviation 

5 rulemaking committee determines appropriate 

6 to enhance flightcrew member professional de7 velopment. 

8 (2) COMPLIANCE WITH STERILE COCKPIT

9 RULE.—Leadership and command training described 

10 in paragraphs (1)(D) and (1)(E) shall include in11 struction on compliance with flightcrew member du12 ties under part 121.542 of title 14, Code of Federal 

13 Regulations. 

14 (3) STREAMLINED PROGRAM REVIEW.— 

15 (A) IN GENERAL.—As part of the rule16 making required by subsection (a), the Admin17 istrator shall establish a streamlined process for 

18 part 121 air carriers that have in effect, as of 

19 the date of enactment of this Act, the programs 

20 required by paragraph (1). 

21 (B) EXPEDITED APPROVALS.—Under the 

22 streamlined process, the Administrator shall— 

23 (i) review the programs of such part 

24 121 air carriers to determine whether the 

25 programs meet the requirements set forth 


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1 in the final rule referred to in subsection 

2 (b)(2); and 

3 (ii) expedite the approval of the pro4 grams that the Administrator determines 

5 meet such requirements. 

6 (b) DEADLINES.—The Administrator shall issue— 

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

8 enactment of this Act, a notice of proposed rule9 making under subsection (a); and 

10 (2) not later than 24 months after such date of 

11 enactment, a final rule under subsection (a). 

12 SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALI13 FICATIONS. 

14 (a) REQUIREMENTS.—The Administrator of the Fed15 eral Aviation Administration shall conduct a rulemaking 

16 proceeding to require part 121 air carriers to develop and 

17 implement means and methods for ensuring that 

18 flightcrew members have proper qualifications and experi19 ence. 

20 (b) MINIMUM EXPERIENCE REQUIREMENT.— 

21 (1) IN GENERAL.—The final rule prescribed 

22 under subsection (a) shall, among any other require23 ments established by the rule, require that a pilot— 


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1 (A) have not less than 800 hours of flight 

2 time before serving as a flightcrew member for 

3 a part 121 air carrier; and 

4 (B) demonstrate the ability to— 

5 (i) function effectively in a multipilot 

6 environment; 

7 (ii) function effectively in an air car8 rier operational environment; 

9 (iii) function effectively in adverse 

10 weather conditions, including icing condi11 tions if the pilot is expected to be oper12 ating aircraft in icing conditions; 

13 (iv) function effectively during high 

14 altitude operations; and 

15 (v) adhere to the highest professional 

16 standards. 

17 (2) HOURS OF FLIGHT EXPERIENCE IN DIF18 FICULT OPERATIONAL CONDITIONS.—The total num19 ber of hours of flight experience required by the Ad20 ministrator under paragraph (1) for pilots shall in21 clude a number of hours of flight experience in dif22 ficult operational conditions that may be encoun23 tered by an air carrier that the Administrator deter24 mines to be sufficient to enable a pilot to operate an 

25 aircraft safely in such conditions. 


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1 (c) DEADLINES.—The Administrator shall issue— 

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

3 enactment of this Act, a notice of proposed rule4 making under subsection (a); and 

5 (2) not later than December 31, 2011, a final 

6 rule under subsection (a). 

7 (d) DEFAULT REQUIREMENTS.—If the Adminis8 trator fails to meet the deadline established by subsection 

9 (c))(2), then all flightcrew members for part 121 air car10 riers shall meet the requirements established by subpart 

11 G of part 61 of the Federal Aviation Administration’s reg12 ulations (14 C.F.R. 61.151 et seq.). 

13 (e) DEFINITIONS.—In this section: 

14 (1) FLIGHTCREW MEMBER.—The term 

15 ‘‘flightcrew member’’ has the meaning given that 

16 term in section 1.1 of the Federal Aviation Adminis17 tration’s regulations (14 C.F.R. 1.1)). 

18 (2) PART 121 AIR CARRIER.—The term ‘‘part 

19 121 air carrier’’ has the meaning given that term by 

20 section 41720(d)(1) of title 49, United States Code. 

21 SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DE22 VICES ON FLIGHT DECK. 

23 (a) IN GENERAL.—Chapter 447, as amended by sec24 tion 521 of this Act, is further amended by adding at the 

25 end thereof the following: 


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1 ‘‘§ 44731. Use of certain devices on flight deck 

2 ‘‘(a) IN GENERAL.—It is unlawful for any member 

3 of the flight crew of an aircraft used to provide air trans4 portation under part 121 of title 14, Code of Federal Reg5 ulations, to use a personal wireless communications device 

6 or laptop computer while at the crew member’s duty sta7 tion on the flight deck of such an aircraft while the air8 craft is being operated. 

9 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

10 the use of a personal wireless communications device or 

11 laptop computer for a purpose directly related to operation 

12 of the aircraft, or for emergency, safety-related, or em13 ployment-related communications, in accordance with pro14 cedures established by the air carrier or the Federal Avia15 tion Administration. 

16 ‘‘(c) ENFORCEMENT.—In addition to the penalties 

17 provided under section 46301 of this title applicable to any 

18 violation of this section, the Administrator of the Federal 

19 Aviation Administration may enforce compliance with this 

20 section under section 44709. 

21 ‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DE22 VICE DEFINED.—The term ‘personal wireless communica23 tions device’ means a device through which personal wire24 less services (as defined in section 332(c)(7)(C)(i) of the 

25 Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) 

26 are transmitted.’’. 


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1 (b) PENALTY.—Section 44711(a) is amended— 

2 (1) by striking ‘‘or’’ after the semicolon in 

3 paragraph (8); 

4 (2) by striking ‘‘title.’’ in paragraph (9) and in5 serting ‘‘title; or’’; and 

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

7 ‘‘(10) violate section 44730 of this title or any 

8 regulation issued thereunder.’’. 

9 (c) CONFORMING AMENDMENT.—The table of con10 tents for chapter 447 is amended by adding at the end 

11 thereof the following: 

‘‘44731. Use of certain devices on flight deck’’. 

12 (d) REGULATIONS.—Within 30 days after the date 

13 of enactment of this Act, the Secretary of Transportation 

14 shall initiate a rulemaking procedure for regulations under 

15 section 44730 of title 49, United States Code, and shall 

16 issue a final rule thereunder within 1 year after the date 

17 of enactment of this Act. 

18 (e) STUDY.— 

19 (1) IN GENERAL.—The Administrator of the 

20 Federal Aviation Administration shall review rel21 evant air carrier data and carry out a study— 

22 (A) to identify common sources of distrac23 tion for the cockpit flight crew on commercial 

24 aircraft; and 


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1 (B) to determine the safety impacts of 

2 such distractions. 

3 (2) REPORT.—Not later than 6 months after 

4 the date of the enactment of this Act, the Adminis5 trator shall submit a report to the Committee on 

6 Commerce, Science, and Transportation of the Sen7 ate and the Committee on Transportation and Infra8 structure of the House of Representatives that con9 tains— 

10 (A) the findings of the study conducted 

11 under paragraph (1); and 

12 (B) recommendations about ways to reduce 

13 distractions for cockpit flight crews. 

14 SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CAR15 RIERS. 

16 The Administrator shall, not less frequently than 

17 once each year, perform random, unannounced, on-site in18 spections of air carriers that provide air transportation 

19 pursuant to a contract with a part 121 air carrier to en20 sure that such air carriers are complying with all applica21 ble safety standards of the Administration. 


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1 SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH 

2 RESPECT TO THE TRAINING, HIRING, AND OP3 ERATION OF AIRCRAFT BY PILOTS. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Administrator shall 

6 issue a final rule with respect to the Notice of Proposed 

7 Rulemaking published in the Federal Register on January 

8 12, 2009 (74 Fed. Reg. 1280), relating to training pro9 grams for flight crew members and aircraft dispatchers. 

10 (b) EXPERT PANEL TO REVIEW PART 121 AND PART

11 135 TRAINING HOURS.— 

12 (1) ESTABLISHMENT.—Not later than 60 days 

13 after the date of enactment of this Act, the Adminis14 trator shall convene a multidisciplinary expert panel 

15 comprised of, at a minimum, air carrier representa16 tives, training facility representatives, instructional 

17 design experts, aircraft manufacturers, safety orga18 nization representatives, and labor union representa19 tives. 

20 (2) ASSESSMENT AND RECOMMENDATIONS.— 

21 The panel shall assess and make recommendations 

22 concerning— 

23 (A) the best methods and optimal time 

24 needed for flightcrew members of part 121 air 

25 carriers and flightcrew members of part 135 air 

26 carriers to master aircraft systems, maneuvers, 


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1 procedures, take offs and landings, and crew co2 ordination; 

3 (B) the optimal length of time between 

4 training events for such crewmembers, includ5 ing recurrent training events; 

6 (C) the best methods to reliably evaluate 

7 mastery by such crewmembers of aircraft sys8 tems, maneuvers, procedures, take offs and 

9 landings, and crew coordination; and 

10 (D) the best methods to allow specific aca11 demic training courses to be credited pursuant 

12 to section 11(d) toward the total flight hours 

13 required to receive an airline transport pilot 

14 certificate. 

15 (3) REPORT.—Not later than one year after the 

16 date of enactment of this Act, the Administrator 

17 shall submit a report to the House of Representa18 tives Committee on Transportation and Infrastruc19 ture and the Senate Committee on Commerce, 

20 Science, and Transportation based on the findings of 

21 the panel. 

22 SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of the enactment of this Act, the Administrator shall 

25 submit to Congress a plan for overseeing pilot schools cerVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 tified under part 141 of title 14, Code of Federal Regula2 tions, that includes— 

3 (1) ensuring that the curriculum and course 

4 outline requirements for such schools under subpart 

5 C of such part are being met; and 

6 (2) conducting on-site inspections of each such 

7 school not less frequently than once every 2 years. 

8 (b) GAO STUDY.—The Comptroller General shall 

9 conduct a comprehensive study of flight schools, flight 

10 education, and academic training requirements for certifi11 cation of an individual as a pilot. 

12 (c) REPORT.—Not later than 180 days after the date 

13 of enactment of this Act, the Comptroller General shall 

14 submit a report to the House of Representatives Com15 mittee on Transportation and Infrastructure and the Sen16 ate Committee on Commerce, Science, and Transportation 

17 on the results of the study. 

18 SEC. 562. ENHANCED TRAINING FOR FLIGHT ATTENDANTS 

19 AND GATE AGENTS. 

20 (a) IN GENERAL.—Chapter 447, as amended by sec21 tion 558 of this Act, is further amended by adding at the 

22 end the following: 


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1 ‘‘§ 44732. Training of flight attendants and gate 

2 agents 

3 ‘‘(a) TRAINING REQUIRED.—In addition to other 

4 training required under this chapter, each air carrier shall 

5 provide initial and annual recurring training for flight at6 tendants and gate agents employed or contracted by such 

7 air carrier regarding— 

8 ‘‘(1) serving alcohol to passengers; 

9 ‘‘(2) recognizing intoxicated passengers; and 

10 ‘‘(3) dealing with disruptive passengers. 

11 ‘‘(b) SITUATIONAL TRAINING.—In carrying out the 

12 training required under subsection (a), each air carrier 

13 shall provide situational training to flight attendants and 

14 gate agents on the proper method for dealing with intoxi15 cated passengers who act in a belligerent manner. 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) AIR CARRIER.—The term ‘air carrier’ 

18 means a person or commercial enterprise that has 

19 been issued an air carrier operating certificate under 

20 section 44705. 

21 ‘‘(2) FLIGHT ATTENDANT.—The term ‘flight at22 tendant’ has the meaning given the term in section 

23 44728(f). 

24 ‘‘(3) GATE AGENT.—The term ‘gate agent’ 

25 means an individual working at an airport whose reVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 sponsibilities include facilitating passenger access to 

2 commercial aircraft. 

3 ‘‘(4) PASSENGER.—The term ‘passenger’ means 

4 an individual traveling on a commercial aircraft, 

5 from the time at which the individual arrives at the 

6 airport from which such aircraft departs until the 

7 time the individual leaves the airport to which such 

8 aircraft arrives.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 for chapter 447 is amended by adding at the end the fol11 lowing: 

‘‘44732. Training of flight attendants and gate agents’’. 

12 (c) RULEMAKING.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of Trans14 portation shall issue regulations to carry out section 

15 44730 of title 49, United States Code, as added by sub16 section (a). 

17 SEC. 563. DEFINITIONS. 

18 In this subtitle: 

19 (1) AVIATION SAFETY ACTION PROGRAM.—The 

20 term ‘‘Aviation Safety Action Program’’ means the 

21 program described under Federal Aviation Adminis22 tration Advisory Circular No. 120–66B that permits 

23 employees of participating air carriers and repair 

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1 ty issues to management and to the Administration 

2 for resolution. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator. 

5 (3) AIR CARRIER.—The term ‘‘air carrier’’ has 

6 the meaning given that term by section 40102(2) of 

7 title 49, United States Code. 

8 (4) FAA.—The term ‘‘FAA’’ means the Fed9 eral Aviation Administration. 

10 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

11 PROGRAM.—The term ‘‘Flight Operational Quality 

12 Assurance Program’’ means the voluntary safety 

13 program authorized under section 13.401 of title 14, 

14 Code of Federal Regulations, that permits commer15 cial air carriers and pilots to share confidential ag16 gregate information with the Administration to per17 mit the Administration to target resources to ad18 dress operational risk issues. 

19 (6) LINE OPERATIONS SAFETY AUDIT PRO20 GRAM.—The term ‘‘Line Operations Safety Audit 

21 Program’’ has the meaning given that term by Fed22 eral Aviation Administration Advisory Circular 

23 Number 120–90. 


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1 (7) PART 121 AIR CARRIER.—The term ‘‘part 

2 121 air carrier’’ has the meaning given that term by 

3 section 41719(d)(1) of title 49, United States Code. 

4 SEC. 564. STUDY OF AIR QUALITY IN AIRCRAFT CABINS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Administrator of 

7 the Federal Aviation Administration shall initiate a study 

8 of air quality in aircraft cabins to— 

9 (1) assess bleed air quality on the full range of 

10 commercial aircraft operating in the United States; 

11 (2) identify oil-based contaminants, hydraulic 

12 fluid toxins, and other air toxins that appear in 

13 cabin air and measure the quantity and prevalence, 

14 or absence of those toxins through a comprehensive 

15 sampling program; 

16 (3) determine the specific amount and duration 

17 of toxic fumes present in aircraft cabins that con18 stitutes a health risk to passengers; 

19 (4) develop a systematic reporting standard for 

20 smoke and fume events in aircraft cabins; 

21 (5) identify the potential health risks to individ22 uals exposed to toxic fumes during flight; and 

23 (6) determine the extent to which the installa24 tion of sensors and air filters on commercial aircraft 

25 would provide a public health benefit. 


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1 (b) AUTHORITY TO MONITOR AIR IN AIRCRAFT CAB2 INS.—For purposes of conducting the study required by 

3 subsection (a), the Administrator of the Federal Aviation 

4 Administration shall require domestic air carriers to allow 

5 air quality monitoring on their aircraft in a manner that 

6 imposes no significant costs on the air carrier and does 

7 not interfere with the normal operation of the aircraft. 

8 TITLE VI—AVIATION RESEARCH 

9 SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

10 (a) IN GENERAL.—Section 44511(f) is amended— 

11 (1) by striking ‘‘establish a 4-year pilot’’ in 

12 paragraph (1) and inserting ‘‘maintain an’’; and 

13 (2) by inserting ‘‘pilot’’ in paragraph (4) before 

14 ‘‘program’’ the first time it appears; and 

15 (3) by striking ‘‘program, including rec16 ommendations as to the need for establishing a per17 manent airport cooperative research program.’’ in 

18 paragraph (4) and inserting ‘‘program.’’. 

19 (b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

20 Not more than $15,000,000 per year for fiscal years 2010 

21 and 2011 may be appropriated to the Secretary of Trans22 portation from the amounts made available each year 

23 under subsection (a) for the Airport Cooperative Research 

24 Program under section 44511 of this title, of which not 

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1 ties related to the airport environment, including reduction 

2 of community exposure to civil aircraft noise, reduction of 

3 civil aviation emissions, or addressing water quality issues. 

4 SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 

5 CONSUMPTION FROM CIVILIAN AIRCRAFT. 

6 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

7 From amounts made available under section 48102(a) of 

8 title 49, United States Code, the Administrator of the 

9 Federal Aviation Administration shall establish a research 

10 program related to reducing civilian aircraft energy use, 

11 emissions, and source noise with equivalent safety through 

12 grants or other measures, which may include cost-sharing, 

13 authorized under section 106(l)(6) of such title, including 

14 reimbursable agreements with other Federal agencies. 

15 (b) ESTABLISHMENT OF CONSORTIUM.— 

16 (1) DESIGNATION AS CONSORTIUM.—Not later 

17 than 180 days after the date of the enactment of 

18 this Act, the Administrator shall designate, using a 

19 competitive process, one or more institutions or enti20 ties described in paragraph (2) as a Consortium for 

21 Continuous Low Energy, Emissions, and Noise 

22 (CLEEN) to perform research in accordance with 

23 this section. 

24 (2) PARTICIPATION.—The Administrator shall 

25 include educational and research institutions or priVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 vate sector entities that have existing facilities and 

2 experience for developing and testing noise, emis3 sions and energy reduction engine and aircraft tech4 nology, and developing alternative fuels in the re5 search program required by subsection (a). 

6 (3) COORDINATION MECHANISMS.—In con7 ducting the research program, the Consortium des8 ignated under paragraph (1) shall— 

9 (A) coordinate its activities with the De10 partment of Agriculture, the Department of 

11 Energy, the National Aeronautics and space 

12 Administration, and other relevant Federal 

13 agencies; and 

14 (B) consult on a regular basis with the 

15 Commercial Aviation Alternative Fuels Initia16 tive. 

17 (c) PERFORMANCE OBJECTIVES.—Not later than 

18 January 1, 2016, the research program shall accomplish 

19 the following objectives: 

20 (1) Certifiable aircraft technology that reduces 

21 fuel burn 33 percent compared to current tech22 nology, reducing energy consumption and carbon di23 oxide emissions. 

24 (2) Certifiable engine technology that reduces 

25 landing and takeoff cycle nitrogen oxide emissions 


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1 by 60 percent, at a pressure ratio of 30 over the 

2 International Civil Aviation Organization standard 

3 adopted at the 6th Meeting of the Committee on 

4 Aviation Environmental Protection, with commensu5 rate reductions over the full pressure ratio range, 

6 while limiting or reducing other gaseous or particle 

7 emissions. 

8 (3) Certifiable aircraft technology that reduces 

9 noise levels by 32 Effective Perceived Noise in deci10 bels (EPNdb) cumulative, relative to Stage 4 stand11 ards. 

12 (4) Advance qualification and environmental as13 surance of alternative aviation fuels to support a 

14 goal of having 20 percent of the jet fuel available for 

15 purchase by United States commercial airlines and 

16 cargo carriers be alternative fuels. 

17 (5) Determination of the extent to which new 

18 engine and aircraft technologies may be used to ret19 rofit or re-engine aircraft so as to increase the level 

20 of penetration into the commercial fleet. 

21 SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECH22 NOLOGY FOR CIVILIAN AIRCRAFT. 

23 (a) IN GENERAL.—From amounts made available 

24 under section 48102(a) of title 49, United States Code, 

25 the Secretary of Transportation shall establish a research 


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1 program related to developing jet fuel from natural gas, 

2 biomass and other renewable sources through grants or 

3 other measures authorized under section 106(l)(6) of such 

4 title, including reimbursable agreements with other Fed5 eral agencies. 

6 (b) PARTICIPATION IN PROGRAM.—The Secretary 

7 shall— 

8 (1) include educational and research institu9 tions that have existing facilities and experience in 

10 the research, small-scale development, testing, or 

11 evaluation of technologies related to the creation, 

12 processing, and production of a variety of feedstocks 

13 into aviation fuel under the program required by 

14 subsection (a); and 

15 (2) consider utilizing the existing capacity in 

16 Aeronautics research at Langley Research Center of 

17 the National Aeronautics and Space Administration 

18 to carry out the program required by subsection (a). 

19 (c) DESIGNATION OF INSTITUTION AS A CENTER OF

20 EXCELLENCE.—Not later than 180 days after the date 

21 of the enactment of this Act, the Administrator of the 

22 Federal Aviation Administration shall designate an insti23 tution described in subsection (b) as a Center of Excel24 lence for Alternative Jet-Fuel Research in Civil Aircraft. 

25 The Center of Excellence shall be a member of the 


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1 CLEEN Consortium established under section 602(b), 

2 and shall be part of a Joint Center of Excellence with the 

3 Partnership for Air Transportation Noise and Emission 

4 Reduction FAA Center of Excellence. 

5 SEC. 604. PRODUCTION OF CLEAN COAL FUEL TECH6 NOLOGY FOR CIVILIAN AIRCRAFT. 

7 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

8 From amounts made available under section 48102(a) of 

9 title 49, United States Code, the Secretary of Transpor10 tation shall establish a research program related to devel11 oping jet fuel from clean coal through grants or other 

12 measures authorized under section 106(l)(6) of such title, 

13 including reimbursable agreements with other Federal 

14 agencies. The program shall include participation by edu15 cational and research institutions that have existing facili16 ties and experience in the development and deployment of 

17 technology that processes coal to aviation fuel. 

18 (b) DESIGNATION OF INSTITUTION AS A CENTER OF

19 EXCELLENCE.—Within 6 months after the date of enact20 ment of this Act, the Administrator of the Federal Avia21 tion Administration shall designate an institution de22 scribed in subsection (a) as a Center of Excellence for 

23 Coal-to-Jet-Fuel Research. 


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1 SEC. 605. ADVISORY COMMITTEE ON FUTURE OF AERO2 NAUTICS. 

3 (a) ESTABLISHMENT.—There is established an advi4 sory committee to be know as the ‘‘Advisory Committee 

5 on the Future of Aeronautics’’. 

6 (b) MEMBERSHIP.—The Advisory Committee shall 

7 consist of 7 members appointed by the President from a 

8 list of 15 candidates proposed by the Director of the Na9 tional Academy of Sciences. 

10 (c) CHAIRPERSON.—The Advisory Committee mem11 bers shall elect 1 member to serve as chairperson of the 

12 Advisory Committee. 

13 (d) FUNCTIONS.—The Advisory Committee shall ex14 amine the best governmental and organizational struc15 tures for the conduct of civil aeronautics research and de16 velopment, including options and recommendations for 

17 consolidating such research to ensure continued United 

18 States leadership in civil aeronautics. The Committee shall 

19 consider transferring responsibility for civil aeronautics re20 search and development from the National Aeronautics 

21 and Space Administration to other existing departments 

22 or agencies of the Federal Government or to a non-govern23 mental organization such as academic consortia or not24 for-profit organizations. In developing its recommenda25 tions, the Advisory Committee shall consider, as appro26 priate, the aeronautics research policies developed pursuVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 ant to section 101(d) of Public Law 109–155 and the re2 quirements and priorities for aeronautics research estab3 lished by title IV of Public Law 109–155. 

4 (e) REPORT.—Not later than 12 months after the 

5 date on which the full membership of the Advisory Com6 mittee is appointed, the Advisory Committee shall submit 

7 a report to the Senate Committee on Commerce, Science, 

8 and Transportation and the House Committees on Science 

9 and Technology and on Transportation and Infrastructure 

10 on its findings and recommendations. The report may rec11 ommend a rank ordered list of acceptable solutions. 

12 (f) TERMINATION.—The Advisory Committee shall 

13 terminate 60 days after the date on which it submits the 

14 report to the Congress. 

15 SEC. 606. RESEARCH PROGRAM TO IMPROVE AIRFIELD 

16 PAVEMENTS. 

17 (a) CONTINUATION OF PROGRAM.—The Adminis18 trator of the Federal Aviation Administration shall con19 tinue the program to consider awards to nonprofit con20 crete and asphalt pavement research foundations to im21 prove the design, construction, rehabilitation, and repair 

22 of airfield pavements to aid in the development of safer, 

23 more cost effective, and more durable airfield pavements. 


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1 (b) USE OF GRANTS OR COOPERATIVE AGREE2 MENTS.—The Administrator may use grants or coopera3 tive agreements in carrying out this section. 

4 SEC. 607. WAKE TURBULENCE, VOLCANIC ASH, AND WEATH5 ER RESEARCH. 

6 Within 60 days after the date of enactment of this 

7 Act, the Administrator of the Federal Aviation Adminis8 tration shall— 

9 (1) initiate evaluation of proposals that would 

10 increase capacity throughout the air transportation 

11 system by reducing existing spacing requirements 

12 between aircraft of all sizes, including research on 

13 the nature of wake vortices; 

14 (2) begin implementation of a system to im15 prove volcanic ash avoidance options for aircraft, in16 cluding the development of a volcanic ash warning 

17 and notification system for aviation; and 

18 (3) establish research projects on— 

19 (A) ground de-icing/anti-icing, ice pellets, 

20 and freezing drizzle; 

21 (B) oceanic weather, including convective 

22 weather; 

23 (C) en route turbulence prediction and de24 tection; and 


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1 (D) all hazards during oceanic operations, 

2 where commercial traffic is high and only rudi3 mentary satellite sensing is available, to reduce 

4 the hazards presented to commercial aviation. 

5 SEC. 608. INCORPORATION OF UNMANNED AIRCRAFT SYS6 TEMS INTO FAA PLANS AND POLICIES. 

7 (a) RESEARCH.— 

8 (1) EQUIPMENT.—Section 44504, as amended 

9 by section 216 of this Act, is further amended— 

10 (A) by inserting ‘‘unmanned and manned’’ 

11 in subsection (a) after ‘‘improve’’; 

12 (B) by striking ‘‘and’’ after the semicolon 

13 in subsection (b)(7); 

14 (C) by striking ‘‘emitted.’’ in subsection 

15 (b)(8) and inserting ‘‘emitted; and’’; and 

16 (D) by adding at the end of subsection (b) 

17 the following: 

18 ‘‘(9) in conjunction with other Federal agencies 

19 as appropriate, to develop technologies and methods 

20 to assess the risk of and prevent defects, failures, 

21 and malfunctions of products, parts, and processes, 

22 for use in all classes of unmanned aircraft systems 

23 that could result in a catastrophic failure.’’. 

24 (2) HUMAN FACTORS; SIMULATIONS.—Section 

25 44505(b) is amended— 


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1 (A) by striking ‘‘and’’ after the semicolon 

2 in paragraph (4); 

3 (B) by striking ‘‘programs.’’ in paragraph 

4 (5)(C) and inserting ‘‘programs; and’’; and 

5 (C) by adding at the end thereof the fol6 lowing: 

7 ‘‘(6) to develop a better understanding of the 

8 relationship between human factors and unmanned 

9 aircraft systems air safety; and 

10 ‘‘(7) to develop dynamic simulation models of 

11 integrating all classes of unmanned aircraft systems 

12 into the National Airspace System.’’. 

13 (b) NATIONAL ACADEMY OF SCIENCES ASSESS14 MENT.— 

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

16 date of enactment of this Act, the Administrator of 

17 the Federal Aviation Administration shall enter into 

18 an arrangement with the National Academy of 

19 Sciences for an assessment of unmanned aircraft 

20 systems that may include consideration of— 

21 (A) human factors regarding unmanned 

22 aircraft systems operation; 

23 (B) ‘‘detect, sense and avoid technologies’’ 

24 with respect to both cooperative and non-coop25 erative aircraft; 


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1 (C) spectrum issues and bandwidth re2 quirements; 

3 (D) operation in suboptimal winds and ad4 verse weather conditions; 

5 (E) mechanisms such as the use of tran6 sponders for letting other entities know where 

7 the unmanned aircraft system is flying; 

8 (F) airworthiness and system redundancy; 

9 (G) flight termination systems for safety 

10 and security; 

11 (H) privacy issues; 

12 (I) technologies for unmanned aircraft sys13 tems flight control; 

14 (J) technologies for unmanned aircraft sys15 tems propulsion; 

16 (K) unmanned aircraft systems operator 

17 qualifications, medical standards, and training 

18 requirements; 

19 (L) unmanned aircraft systems mainte20 nance requirements and training requirements; 

21 and 

22 (M) any other unmanned aircraft systems23 related issue the Administrator believes should 

24 be addressed. 


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1 (2) REPORT.—Within 12 months after initi2 ating the study, the National Academy shall submit 

3 its report to the Administrator, the Senate Com4 mittee on Commerce, Science, and Transportation, 

5 and the House of Representatives Committee on 

6 Transportation and Infrastructure containing its 

7 findings and recommendations. 

8 (c) PILOT PROJECTS.— 

9 (1) IN GENERAL.—Not later than 6 months 

10 after the date of enactment of this Act, the Adminis11 trator of the Federal Aviation Administration shall 

12 establish 3 2-year cost-shared pilot projects in 

13 sparsely populated, low-density Class G air traffic 

14 airspace new test sites to conduct experiments and 

15 collect data in order to accelerate the safe integra16 tion of unmanned aircraft systems into the National 

17 Airspace System as follows: 

18 (A) 1 project shall address operational 

19 issues required for integration of Category 1 

20 unmanned aircraft systems defined as analo21 gous to RC models covered in the FAA Advi22 sory Circular AC 91–57. 

23 (B) 1 project shall address operational 

24 issues required for integration of Category 2 

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1 standard aircraft that perform special purpose 

2 operations. Operators must provide evidence of 

3 airworthiness and operator qualifications. 

4 (C) 1 project shall address operational 

5 issues required for integration of Category 3 

6 unmanned aircraft systems defined as capable 

7 of flying throughout all categories of airspace 

8 and conforming to part 91 of title 14, Code of 

9 Federal Regulations. 

10 (D) All 3 pilot projects shall be operational 

11 no later than 6 months after being established. 

12 (2) USE OF CONSORTIA.—In conducting the 

13 pilot projects, the Administrator shall encourage the 

14 formation of participating consortia from the public 

15 and private sectors, educational institutions, and 

16 non-profit organization. 

17 (3) REPORT.—Within 90 days after completing 

18 the pilot projects, the Administrator shall transmit 

19 a report to the Senate Committee on Commerce, 

20 Science, and Transportation and the House of Rep21 resentatives Committee on Transportation and In22 frastructure setting forth the Administrator’s find23 ings and conclusions concerning the projects. 

24 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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1 ministrator for fiscal years 2010 and 2011 such 

2 sums as may be necessary to conduct the pilot 

3 projects. 

4 (d) UNMANNED AIRCRAFT SYSTEMS ROADMAP.— 

5 Within 30 days after the date of enactment of this Act, 

6 the Administrator of the Federal Aviation Administration 

7 shall approve and make available in print and on the Ad8 ministration’s website a 5-year ‘‘roadmap’’ for the intro9 duction of unmanned aircraft systems into the National 

10 Airspace System being coordinated by its Unmanned Air11 craft Program Office. The Administrator shall update the 

12 ‘‘roadmap’’ annually. 

13 (e) UPDATED POLICY STATEMENT.—Not later than 

14 90 days after the date of enactment of this Act, the Ad15 ministrator shall issue a notice of proposed rulemaking to 

16 update the Administration’s most recent policy statement 

17 on unmanned aircraft systems, Docket No. FAA–2006– 

18 25714. 

19 (f) EXPANDING THE USE OF UAS IN THE ARCTIC.— 

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

21 the Administrator, in consultation with the National Oce22 anic and Atmospheric Administration, the Coast Guard, 

23 and other Federal agencies as appropriate, shall identify 

24 permanent areas in the Arctic where small unmanned air25 craft may operate 24 hours per day from 2000 feet to 


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1 the surface and beyond line-of-sight for research and com2 mercial purposes. Within 12 months after the date of en3 actment of this Act, the Administrator shall have estab4 lished and implemented a single process for approving un5 manned aircraft use in the designated arctic regions re6 gardless of whether the unmanned aircraft is used as a 

7 public aircraft, a civil aircraft, or as a model aircraft. 

8 (g) DEFINTIONS.—In this section: 

9 (1) ARCTIC.—The term ‘‘Arctic’’ means the 

10 United States zone of the Chukchi, Beaufort, and 

11 Bering Sea north of the Aleutian chain. 

12 (2) PERMANENT AREAS.—The term ‘‘perma13 nent areas’’ means areas on land or water that pro14 vide for terrestrial launch and recovery of small un15 manned aircraft. 

16 SEC. 609. REAUTHORIZATION OF CENTER OF EXCELLENCE 

17 IN APPLIED RESEARCH AND TRAINING IN 

18 THE USE OF ADVANCED MATERIALS IN 

19 TRANSPORT AIRCRAFT. 

20 Section 708(b) of the Vision 100—Century of Avia21 tion Reauthorization Act (49 U.S.C. 44504 note) is 

22 amended by striking ‘‘$500,000 for fiscal year 2004’’ and 

23 inserting ‘‘$1,000,000 for each of fiscal years 2008 

24 through 2012’’. 


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1 SEC. 610. PILOT PROGRAM FOR ZERO EMISSION AIRPORT 

2 VEHICLES. 

3 (a) IN GENERAL.—Subchapter I of chapter 471 is 

4 amended by inserting after section 47136 the following: 

5 ‘‘§ 47136A. Zero emission airport vehicles and infra6 structure 

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

8 shall establish a pilot program under which the sponsor 

9 of a public-use airport may use funds made available 

10 under section 47117 or section 48103 for use at such air11 ports or passenger facility revenue (as defined in section 

12 40117(a)(6)) to carry out activities associated with the ac13 quisition and operation of zero emission vehicles (as de14 fined in section 88.120–94 of title 40, Code of Federal 

15 Regulations), including the construction or modification of 

16 infrastructure to facilitate the delivery of fuel and services 

17 necessary for the use of such vehicles. Any use of funds 

18 authorized by the preceding sentence shall be considered 

19 to be an authorized use of funds under section 47117 or 

20 section 48103, or an authorized use of passenger facility 

21 revenue (as defined in section 40117(a)(6)), as the case 

22 may be. 

23 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

24 AREAS.— 

25 ‘‘(1) IN GENERAL.—A public-use airport shall 

26 be eligible for participation in the pilot program only 


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1 if the airport is located in an air quality nonattain2 ment area (as defined in section 171(2) of the Clean 

3 Air Act (42 U.S.C. 7501(2))). 

4 ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec5 retary receives an insufficient number of applications 

6 from public-use airports located in such areas, then 

7 the Secretary may consider applications from public8 use airports that are not located in such areas. 

9 ‘‘(c) SELECTION CRITERIA.—In selecting from 

10 among applicants for participation in the program, the 

11 Secretary shall give priority consideration to applicants 

12 that will achieve the greatest air quality benefits measured 

13 by the amount of emissions reduced per dollar of funds 

14 expended under the program. 

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

16 provision of this subchapter, the Federal share of the costs 

17 of a project carried out under the program shall be 50 

18 percent. 

19 ‘‘(e) TECHNICAL ASSISTANCE.— 

20 ‘‘(1) IN GENERAL.—The sponsor of a public-use 

21 airport carrying out activities funded under the pro22 gram may not use more than 10 percent of the 

23 amounts made available under the program in any 

24 fiscal year for technical assistance in carrying out 

25 such activities. 


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1 ‘‘(2) ELIGIBLE CONSORTIUM.—To the max2 imum extent practicable, participants in the program 

3 shall use an eligible consortium (as defined in sec4 tion 5506 of this title) in the region of the airport 

5 to receive technical assistance described in para6 graph (1). 

7 ‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.— 

8 The Secretary may develop and make available materials 

9 identifying best practices for carrying out activities funded 

10 under the program based on projects carried out under 

11 section 47136 and other sources.’’. 

12 (b) REPORT ON EFFECTIVENESS OF PROGRAM.—Not 

13 later than 18 months after the date of enactment of the 

14 FAA Air Transportation Modernization and Safety Im15 provement Act, the Secretary of Transportation shall 

16 transmit a report to the Senate Committee on Commerce, 

17 Science, and Transportation the House of Representatives 

18 Committee on Transportation and Infrastructure con19 taining— 

20 (1) an evaluation of the effectiveness of the 

21 pilot program; 

22 (2) an identification of all public-use airports 

23 that expressed an interest in participating in the 

24 program; and 


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1 (3) a description of the mechanisms used by the 

2 Secretary to ensure that the information and know3 how gained by participants in the program is trans4 ferred among the participants and to other inter5 ested parties, including other public-use airports. 

6 (c) CONFORMING AMENDMENT.—The table of con7 tents for chapter 471 is amended by inserting after the 

8 item relating to section 47136 the following: 

‘‘47136A. Zero emission airport vehicles and infrastructure’’. 

9 SEC. 611. REDUCTION OF EMISSIONS FROM AIRPORT 

10 POWER SOURCES. 

11 (a) IN GENERAL.—Subchapter I of chapter 471 is 

12 amended by inserting after section 47140 the following: 

13 ‘‘§ 47140A. Reduction of emissions from airport power 

14 sources 

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

16 shall establish a program under which the sponsor of each 

17 airport eligible to receive grants under section 48103 is 

18 encouraged to assess the airport’s energy requirements, 

19 including heating and cooling, base load, back-up power, 

20 and power for on-road airport vehicles and ground support 

21 equipment, in order to identify opportunities to reduce 

22 harmful emissions and increase energy efficiency at the 

23 airport. 

24 ‘‘(b) GRANTS.—The Secretary may make grants 

25 under section 48103 to assist airport sponsors that have 


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1 completed the assessment described in subsection (a) to 

2 acquire or construct equipment, including hydrogen equip3 ment and related infrastructure, that will reduce harmful 

4 emissions and increase energy efficiency at the airport. To 

5 be eligible for such a grant, the sponsor of such an airport 

6 shall submit an application to the Secretary, at such time, 

7 in such manner, and containing such information as the 

8 Secretary may require.’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for chapter 471 is amended by inserting after the 

11 item relating to section 47140 the following: 

‘‘47140A. Reduction of emissions from airport power sources’’. 

12 SEC. 612. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL 

13 AIDES AND OTHER ASSETS. 

14 (a) SURVEY AND ASSESSMENT.— 

15 (1) IN GENERAL.—In order to address safety 

16 and operational concerns associated with the con17 struction, alteration, establishment, or expansion of 

18 wind farms in proximity to critical FAA facilities, 

19 the Administrator shall, within 60 days after the 

20 date of enactment of this Act, complete a survey and 

21 assessment of leases for critical FAA facility sites, 

22 including— 

23 (A) an inventory of the leases that de24 scribes, for each such lease— 


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1 (i) the periodic cost, location, site, 

2 terms, number of years remaining, and les3 sor; 

4 (ii) other Administration facilities that 

5 share the leasehold, including surveillance 

6 and communications equipment; and 

7 (iii) the type of transmission services 

8 supported, including the terms of service, 

9 cost, and support contract obligations for 

10 the services; and 

11 (B) a list of those leases for facilities lo12 cated in or near areas suitable for the construc13 tion and operation of wind farms, as deter14 mined by the Administrator in consultation 

15 with the Secretary of Energy. 

16 (2) REPORT.—Upon completion of the survey 

17 and assessment, the Administrator shall submit a re18 port to the Senate Committee on Commerce, 

19 Science, and Transportation, the House of Rep20 resentatives Committee on Transportation and In21 frastructure, and the Comptroller General containing 

22 the Administrator’s findings, conclusions, and rec23 ommendations. 

24 (b) GAO ASSESSMENT.— 


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1 (1) IN GENERAL.—Within 180 days after re2 ceiving the Administrator’s report under subsection 

3 (a)(2), the Comptroller General, in consultation with 

4 the Administrator, shall report on— 

5 (A) the current and potential impact of 

6 wind farms on the national airspace system; 

7 (B) the extent to which the Department of 

8 Defense and the Federal Aviation Administra9 tion have guidance, processes, and procedures 

10 in place to evaluate the impact of wind farms 

11 on the implementation of the Next Generation 

12 air traffic control system; and 

13 (C) potential mitigation strategies, if nec14 essary, to ensure that wind farms do not have 

15 an adverse impact on the implementation of the 

16 Next Generation air traffic control system, in17 cluding the installation of navigational aides as18 sociated with that system. 

19 (c) ISSUANCE OF GUIDELINES; PUBLIC INFORMA20 TION.— 

21 (1) GUIDANCE.—Within 60 days after the Ad22 ministrator receives the Comptroller’s recommenda23 tions, the Administrator shall publish guidelines for 

24 the construction and operation of wind farms to be 


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1 located in proximity to critical Federal Aviation Ad2 ministration facilities. The guidelines may include— 

3 (A) the establishment of a zone system for 

4 wind farms based on proximity to critical FAA 

5 assets; 

6 (B) the establishment of turbine height 

7 and density limitations on such wind farms; 

8 (C) requirements for notice to the Admin9 istration under section 44718(a) of title 49, 

10 United States Code, before the construction, al11 teration, establishment, or expansion of a such 

12 a wind farm; and 

13 (D) any other requirements or rec14 ommendations designed to address Administra15 tion safety or operational concerns related to 

16 the construction, alteration, establishment, or 

17 expansion of such wind farms. 

18 (2) PUBLIC ACCESS TO INFORMATION.—To the 

19 extent feasible, taking into consideration security, 

20 operational, and public safety concerns (as deter21 mined by the Administrator), the Administrator 

22 shall provide public access to information regarding 

23 the planning, construction, and operation of wind 

24 farms in proximity to critical FAA facilities on, or 


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1 by linkage from, the homepage of the Federal Avia2 tion Administration’s public website. 

3 (d) CONSULTATION WITH OTHER FEDERAL AGEN4 CIES.—In carrying out this section, the Administrator and 

5 the Comptroller General shall consult, as appropriate, with 

6 the Secretaries of the Army, the Navy, the Air Force, 

7 Homeland Security, and Energy— 

8 (1) to coordinate the requirements of each de9 partment for future air space needs; 

10 (2) to determine what the acceptable risks are 

11 to the existing infrastructure of each department; 

12 and 

13 (3) to define the different levels of risk for such 

14 infrastructure. 

15 (e) REPORTS.—The Administrator and the Comp16 troller General shall provide a copy of reports under sub17 sections (a) and (b), respectively, to the Senate Committee 

18 on Homeland Security and Governmental Affairs, the Sen19 ate Committee on Armed Services, the House of Rep20 resentatives Committee on Homeland Security, the House 

21 of Representatives Committee on Armed Services, and the 

22 House of Representatives Committee on Science and 

23 Technology, as appropriate. 

24 (f) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the Federal Aviation Administration. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Federal 

5 Aviation Administration. 

6 (3) CRITICAL FAA FACILITIES.—The term ‘‘crit7 ical FAA facilities’’ means facilities on which are lo8 cated navigational aides, surveillance systems, or 

9 communications systems used by the Administration 

10 in administration of the national airspace system. 

11 (4) WIND FARM.—The term ‘‘wind farm’’ 

12 means an installation of 1 or more wind turbines 

13 used for the generation of electricity. 

14 SEC. 613. RESEARCH AND DEVELOPMENT FOR EQUIPMENT 

15 TO CLEAN AND MONITOR THE ENGINE AND 

16 APU BLEED AIR SUPPLIED ON PRESSURIZED 

17 AIRCRAFT. 

18 (a) IN GENERAL.—Not later than 60 days after the 

19 date of enactment of this Act, the Administrator of the 

20 Federal Aviation Administration shall, to the degree prac21 ticable, implement a research program for the identifica22 tion or development of appropriate and effective air clean23 ing technology and sensor technology for the engine and 

24 auxiliary power unit (APU) bleed air supplied to the pas25 senger cabin and flight deck of all pressurized aircraft. 


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1 (b) TECHNOLOGY REQUIREMENTS.—The technology 

2 referred to in subsection (a) should, at a minimum, have 

3 the capacity— 

4 (1) to remove oil-based contaminants from the 

5 bleed air supplied to the passenger cabin and flight 

6 deck; and 

7 (2) to detect and record oil-based contaminants 

8 in the portion of the total air supplied to the pas9 senger cabin and flight deck from bleed air. 

10 (c) REPORT.—Not later than 1 year after the date 

11 of enactment of this Act, the Administrator shall submit 

12 to the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Transportation 

14 and Infrastructure of the House of Representatives a re15 port on the results of the research and development work 

16 carried out under this section. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums are as nec19 essary to carry out this section. 

20 TITLE VII—MISCELLANEOUS 

21 SEC. 701. GENERAL AUTHORITY. 

22 (a) THIRD PARTY LIABILITY.—Section 44303(b) is 

23 amended by striking ‘‘December 31, 2009,’’ and inserting 

24 ‘‘December 31, 2012,’’. 


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1 (b) EXTENSION OF PROGRAM AUTHORITY.—Section 

2 44310 is amended by striking ‘‘December 31, 2013.’’ and 

3 inserting ‘‘October 1, 2017.’’. 

4 (c) WAR RISK.—Section 44302(f)(1) is amended— 

5 (1) by striking ‘‘September 30, 2009,’’ and in6 serting ‘‘September 30, 2011,’’; and 

7 (2) by striking ‘‘December 31, 2009,’’ and in8 serting ‘‘December 31, 2011,’’. 

9 SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY. 

10 Within 6 months after the date of enactment of this 

11 Act, the Administrator of the Federal Aviation Adminis12 tration shall develop a Human Intervention Management 

13 Study program for cabin crews employed by commercial 

14 air carriers in the United States. 

15 SEC. 703. AIRPORT PROGRAM MODIFICATIONS. 

16 The Administrator of the Federal Aviation Adminis17 tration— 

18 (1) shall establish a formal, structured certifi19 cation training program for the airport concessions 

20 disadvantaged business enterprise program; and 

21 (2) may appoint 3 additional staff to implement 

22 the programs of the airport concessions disadvan23 taged business enterprise initiative. 


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1 SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 

2 (a) MARSHALL ISLANDS, FEDERATED STATES OF

3 MICRONESIA, AND PALAU.—Section 47115(j) is amended 

4 by striking ‘‘2009,’’ and inserting ‘‘2011,’’. 

5 (b) MIDWAY ISLAND AIRPORT.—Section 186(d) of 

6 the Vision 100—Century of Aviation Reauthorization Act 

7 (117 Stat. 2518) is amended by striking ‘‘2009,’’ and in8 serting ‘‘2011,’’. 

9 SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

10 Section 47107(s) is amended by striking paragraph 

11 (3). 

12 SEC. 706. UPDATE ON OVERFLIGHTS. 

13 (a) IN GENERAL.—Section 45301(b) is amended to 

14 read as follows: 

15 ‘‘(b) LIMITATIONS.— 

16 ‘‘(1) IN GENERAL.—In establishing fees under 

17 subsection (a), the Administrator shall ensure that 

18 the fees required by subsection (a) are reasonably 

19 related to the Administration’s costs, as determined 

20 by the Administrator, of providing the services ren21 dered. Services for which costs may be recovered in22 clude the costs of air traffic control, navigation, 

23 weather services, training, and emergency services 

24 which are available to facilitate safe transportation 

25 over the United States, and other services provided 

26 by the Administrator or by programs financed by 


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1 the Administrator to flights that neither take off nor 

2 land in the United States. The determination of 

3 such costs by the Administrator is not subject to ju4 dicial review. 

5 ‘‘(2) ADJUSTMENT OF FEES.—The Adminis6 trator shall adjust the overflight fees established by 

7 subsection (a)(1) by expedited rulemaking and begin 

8 collections under the adjusted fees by October 1, 

9 2010. In developing the adjusted overflight fees, the 

10 Administrator shall seek and consider the rec11 ommendations, if any, offered by the Aviation Rule12 making Committee for Overflight Fees that are in13 tended to ensure that overflight fees are reasonably 

14 related to the Administrator’s costs of providing air 

15 traffic control and related services to overflights. In 

16 addition, the Administrator may periodically modify 

17 the fees established under this section either on the 

18 Administrator’s own initiative or on a recommenda19 tion from the Air Traffic Control Modernization 

20 Board. 

21 ‘‘(3) COST DATA.—The adjustment of overflight 

22 fees under paragraph (2) shall be based on the costs 

23 to the Administration of providing the air traffic 

24 control and related activities, services, facilities, and 

25 equipment using the available data derived from the 


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1 Administration’s cost accounting system and cost al2 location system to users, as well as budget and oper3 ational data. 

4 ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this 

5 section shall require the Administrator to take into 

6 account aircraft altitude in establishing any fee for 

7 aircraft operations in en route or oceanic airspace. 

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

9 term ‘costs’ means those costs associated with the 

10 operation, maintenance, debt service, and overhead 

11 expenses of the services provided and the facilities 

12 and equipment used in such services, including the 

13 projected costs for the period during which the serv14 ices will be provided. 

15 ‘‘(6) PUBLICATION; COMMENT.—The Adminis16 trator shall publish in the Federal Register any fee 

17 schedule under this section, including any adjusted 

18 overflight fee schedule, and the associated collection 

19 process as a proposed rule, pursuant to which public 

20 comment will be sought and a final rule issued.’’. 

21 (b) ADMINISTRATIVE PROVISION.—Section 

22 45303(c)(2) is amended to read as follows: 

23 ‘‘(2) shall be available to the Administrator for 

24 expenditure for purposes authorized by Congress for 

25 the Federal Aviation Administration, however, fees 


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1 established by section 45301(a)(1) of this title shall 

2 be available only to pay the cost of activities and 

3 services for which the fee is imposed, including the 

4 costs to determine, assess, review, and collect the 

5 fee; and’’. 

6 SEC. 707. TECHNICAL CORRECTIONS. 

7 Section 40122(g), as amended by section 307 of this 

8 Act, is further amended— 

9 (1) by striking ‘‘section 2302(b), relating to 

10 whistleblower protection,’’ in paragraph (2)(A) and 

11 inserting ‘‘sections 2301 and 2302,’’; 

12 (2) by striking ‘‘and’’ after the semicolon in 

13 paragraph (2)(H); 

14 (3) by striking ‘‘Plan.’’ in paragraph (2)(I)(iii) 

15 and inserting ‘‘Plan;’’; 

16 (4) by adding at the end of paragraph (2) the 

17 following: 

18 ‘‘(J) section 5596, relating to back pay; 

19 and 

20 ‘‘(K) sections 6381 through 6387, relating 

21 to Family and Medical Leave.’’; and 

22 (5) by adding at the end of paragraph (3) 

23 ‘‘Notwithstanding any other provision of law, retro24 active to April 1, 1996, the Board shall have the 


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1 same remedial authority over such employee appeals 

2 that it had as of March 31, 1996.’’. 

3 SEC. 708. FAA TECHNICAL TRAINING AND STAFFING. 

4 (a) STUDY.— 

5 (1) IN GENERAL.—The Comptroller General 

6 shall conduct a study of the training of airway 

7 transportation systems specialists of the Federal 

8 Aviation Administration that includes— 

9 (A) an analysis of the type of training pro10 vided to such specialists; 

11 (B) an analysis of the type of training that 

12 such specialists need to be proficient in the 

13 maintenance of the latest technologies; 

14 (C) actions that the Administration has 

15 undertaken to ensure that such specialists re16 ceive up-to-date training on such technologies; 

17 (D) the amount and cost of training pro18 vided by vendors for such specialists; 

19 (E) the amount and cost of training pro20 vided by the Administration after developing in21 house training courses for such specialists; 

22 (F) the amount and cost of travel required 

23 of such specialists in receiving training; and 


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1 (G) a recommendation regarding the most 

2 cost-effective approach to providing such train3 ing. 

4 (2) REPORT.—Within 1 year after the date of 

5 enactment of this Act, the Comptroller General shall 

6 transmit a report on the study containing the Comp7 troller General’s findings and recommendations to 

8 the Senate Committee on Commerce, Science, and 

9 Transportation and the House of Representatives 

10 Committee on Transportation and Infrastructure. 

11 (b) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of enactment of this Act, the Administrator 

14 of the Federal Aviation Administration shall con15 tract with the National Academy of Sciences to con16 duct a study of the assumptions and methods used 

17 by the Federal Aviation Administration to estimate 

18 staffing needs for Federal Aviation Administration 

19 air traffic controllers, system specialists, and engi20 neers to ensure proper maintenance, certification, 

21 and operation of the National Airspace System. The 

22 National Academy of Sciences shall consult with the 

23 Exclusive Bargaining Representative certified under 

24 section 7111 of title 5, United States Code, and the 

25 Administration (including the Civil Aeronautical 


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1 Medical Institute) and examine data entailing 

2 human factors, traffic activity, and the technology at 

3 each facility. 

4 (2) CONTENTS.—The study shall include— 

5 (A) recommendations for objective staffing 

6 standards that maintain the safety of the Na7 tional Airspace System; and 

8 (B) the approximate length of time for de9 veloping such standards. 

10 (3) REPORT.—Not later than 24 months after 

11 executing a contract under subsection (a), the Na12 tional Academy of Sciences shall transmit a report 

13 containing its findings and recommendations to the 

14 Congress. 

15 (c) AVIATION SAFETY INSPECTORS.— 

16 (1) SAFETY STAFFING MODEL.—Within 12 

17 months after the date of enactment of this Act, the 

18 Administrator of the Federal Aviation Administra19 tion shall develop a staffing model for aviation safety 

20 inspectors. In developing the model, the Adminis21 trator shall consult with representatives of the avia22 tion safety inspectors and other interested parties. 

23 (2) SAFETY INSPECTOR STAFFING.—The Fed24 eral Aviation Administration aviation safety inspec25 tor staffing requirement shall be no less than the 


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1 staffing levels indicated as necessary in the staffing 

2 model described under subsection (a). 

3 (d) ALASKA FLIGHT SERVICE STATIONS.—Not later 

4 than 180 days after the date of the enactment of this Act, 

5 the Administrator, in conjunction with flight service sta6 tion personnel, shall submit a report to Congress on the 

7 future of flight service stations in Alaska, which in8 cludes— 

9 (1) an analysis of the number of flight service 

10 specialists needed, the training needed by such per11 sonnel, and the need for a formal training and hir12 ing program for such personnel; 

13 (2) a schedule for necessary inspection, up14 grades, and modernization of stations and equip15 ment; and 

16 (3) a description of the interaction between 

17 flight service stations operated by the Administra18 tion and flight service stations operated by contrac19 tors. 

20 SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NA21 TIONAL PARKS. 

22 (a) SECRETARY OF THE INTERIOR AND OVER23 FLIGHTS OF NATIONAL PARKS.— 

24 (1) Section 40128 is amended— 


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1 (A) by striking paragraph (8) of subsection 

2 (f); 

3 (B) by striking ‘‘Director’’ each place it 

4 appears and inserting ‘‘Secretary of the Inte5 rior’’; 

6 (C) by striking ‘‘National Park Service’’ in 

7 subsection (a)(2)(B)(vi) and inserting ‘‘Depart8 ment of the Interior’’; and 

9 (D) in subsection (b)— 

10 (i) in paragraph (1)— 

11 (I) in subparagraph (A)— 

12 (aa) by striking ‘‘, in co13 operation with’’ and inserting 

14 ‘‘and’’; and 

15 (bb) by striking ‘‘The air 

16 tour’’ and all that follows; and 

17 (II) by redesignating subpara18 graph (B) as subparagraph (C); 

19 (III) by inserting after subpara20 graph (A) the following: 

21 ‘‘(B) PROCESS AND APPROVAL.—The Fed22 eral Aviation Administration has sole authority 

23 to control airspace over the United States. The 

24 National Park Service has the sole responsi25 bility for conserving the scenery and natural reVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 sources in National Parks and providing for the 

2 enjoyment of the National Parks unimpaired 

3 for future generations. Each air tour manage4 ment plan shall be— 

5 ‘‘(i) developed through a public proc6 ess that complies with paragraph (4); and 

7 ‘‘(ii) approved by the Administrator 

8 and the Director.’’; and 

9 (IV) by adding at the end the fol10 lowing: 

11 ‘‘(D) EXCEPTION.—An application to 

12 begin commercial air tour operations at Crater 

13 Lake National Park may be denied without the 

14 establishment of an air tour management plan 

15 by the Director of the National Park Service if 

16 the Director determines that such operations 

17 would unacceptably impact park resources or 

18 visitor experiences.’’; and 

19 (ii) in paragraph (4)(C), by striking 

20 ‘‘National Park Service’’ and inserting 

21 ‘‘Department of the Interior’’. 

22 (2) The National Parks Air Tour Management 

23 Act of 2000 (49 U.S.C. 40128 note) is amended— 


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1 (A) by striking ‘‘Director’’ in section 

2 804(b) and inserting ‘‘Secretary of the Inte3 rior’’; 

4 (B) in section 805— 

5 (i) by striking ‘‘Director of the Na6 tional Park Service’’ in subsection (a) and 

7 inserting ‘‘Secretary of the Interior’’; 

8 (ii) by striking ‘‘Director’’ each place 

9 it appears and inserting ‘‘Secretary of the 

10 Interior’’; 

11 (iii) by striking ‘‘National Park Serv12 ice’’ each place it appears in subsection (b) 

13 and inserting ‘‘Department of the Inte14 rior’’; 

15 (iv) by striking ‘‘National Park Serv16 ice’’ in subsection (d)(2) and inserting 

17 ‘‘Department of the Interior’’; and 

18 (C) in section 807— 

19 (i) by striking ‘‘National Park Serv20 ice’’ in subsection (a)(1) and inserting 

21 ‘‘Department of the Interior’’; and 

22 (ii) by striking ‘‘Director of the Na23 tional Park Service’’ in subsection (b) and 

24 inserting ‘‘Secretary of the Interior’’. 


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1 (b) ALLOWING OVERFLIGHTS IN CASE OF AGREE2 MENT.—Paragraph (1) of subsection (a) of section 40128 

3 is amended— 

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

5 subparagraph (B); 

6 (2) by striking ‘‘lands.’’ in subparagraph (C) 

7 and inserting ‘‘lands; and’’; and 

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

9 ‘‘(D) in accordance with a voluntary agree10 ment between the commercial air tour operator 

11 and appropriate representatives of the national 

12 park or tribal lands, as the case may be.’’. 

13 (c) MODIFICATION OF INTERIM OPERATING AU14 THORITY.—Section 40128(c)(2)(I) is amended to read as 

15 follows: 

16 ‘‘(I) may allow for modifications of the in17 terim operating authority without further envi18 ronmental process, if— 

19 ‘‘(i) adequate information on the ex20 isting and proposed operations of the com21 mercial air tour operator is provided to the 

22 Administrator and the Secretary by the op23 erator seeking operating authority; 

24 ‘‘(ii) the Administrator determines 

25 that the modifications would not adversely 


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1 affect aviation safety or the management 

2 of the national airspace system; and 

3 ‘‘(iii) the Secretary agrees that the 

4 modifications would not adversely affect 

5 park resources and visitor experiences.’’. 

6 (d) REPORTING REQUIREMENTS FOR COMMERCIAL

7 AIR TOUR OPERATORS.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of the enactment of this Act, and annually 

10 thereafter, each commercial air tour conducting com11 mercial air tour operations over a national park shall 

12 report to the Administrator of the Federal Aviation 

13 Administration and the Secretary of the Interior 

14 on— 

15 (A) the number of commercial air tour op16 erations conducted by such operator over the 

17 national park each day; 

18 (B) any relevant characteristics of com19 mercial air tour operations, including the 

20 routes, altitudes, duration, and time of day of 

21 flights; and 

22 (C) such other information as the Adminis23 trator and the Secretary may determine nec24 essary to administer the provisions of the NaVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 tional Parks Air Tour Management Act of 2000 

2 (49 U.S.C. 40128 note). 

3 (2) FORMAT.—The report required by para4 graph (1) shall be submitted in such form as the Ad5 ministrator and the Secretary determine to be ap6 propriate. 

7 (3) EFFECT OF FAILURE TO REPORT.—The Ad8 ministrator shall rescind the operating authority of 

9 a commercial air tour operator that fails to file a re10 port not later than 180 days after the date for the 

11 submittal of the report described in paragraph (1). 

12 (4) AUDIT OF REPORTS.—Not later than 2 

13 years after the date of the enactment of this Act, 

14 and at such times thereafter as the Inspector Gen15 eral of the Department of Transportation determines 

16 necessary, the Inspector General shall audit the re17 ports required by paragraph (1). 

18 (e) COLLECTION OF FEES FROM AIR TOUR OPER19 ATIONS.— 

20 (1) IN GENERAL.—The Secretary of the Inte21 rior shall assess a fee in an amount determined by 

22 the Secretary under paragraph (2) on a commercial 

23 air tour operator conducting commercial air tour op24 erations over a national park. 


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1 (2) AMOUNT OF FEE.—In determining the 

2 amount of the fee assessed under paragraph (1), the 

3 Secretary shall collect sufficient revenue, in the ag4 gregate, to pay for the expenses incurred by the 

5 Federal Government to develop air tour management 

6 plans for national parks. 

7 (3) EFFECT OF FAILURE TO PAY FEE.—The 

8 Administrator of the Federal Aviation Administra9 tion shall revoke the operating authority of a com10 mercial air tour operator conducting commercial air 

11 tour operations over any national park, including the 

12 Grand Canyon National Park, that has not paid the 

13 fee assessed by the Secretary under paragraph (1) 

14 by the date that is 180 days after the date on which 

15 the Secretary determines the fee shall be paid. 

16 (f) FUNDING FOR AIR TOUR MANAGEMENT

17 PLANS.—The Secretary of the Interior shall use the 

18 amounts collected under subsection (e) to develop air tour 

19 management plans under section 40128(b) of title 49, 

20 United States Code, for the national parks the Secretary 

21 determines would most benefit from such a plan. 

22 (g) GUIDANCE TO DISTRICT OFFICES ON COMMER23 CIAL AIR TOUR OPERATORS.—The Administrator of the 

24 Federal Aviation Administration shall provide to the AdVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 ministration’s district offices clear guidance on the ability 

2 of commercial air tour operators to obtain— 

3 (1) increased safety certifications; 

4 (2) exemptions from regulations requiring safe5 ty certifications; and 

6 (3) other information regarding compliance 

7 with the requirements of this Act and other Federal 

8 and State laws and regulations. 

9 (h) OPERATING AUTHORITY OF COMMERCIAL AIR

10 TOUR OPERATORS.— 

11 (1) TRANSFER OF OPERATING AUTHORITY.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), a commercial air tour operator that 

14 obtains operating authority from the Adminis15 trator under section 40128 of title 49, United 

16 States Code, to conduct commercial air tour op17 erations may transfer such authority to another 

18 commercial air tour operator at any time. 

19 (B) NOTICE.—Not later than 30 days be20 fore the date on which a commercial air tour 

21 operator transfers operating authority under 

22 subparagraph (A), the operator shall notify the 

23 Administrator and the Secretary of the intent 

24 of the operator to transfer such authority. 


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1 (C) REGULATIONS.—Not later than 180 

2 days after the date of the enactment of this 

3 Act, the Administrator shall prescribe regula4 tions to allow transfers of operating authority 

5 described in subparagraph (A). 

6 (2) TIME FOR DETERMINATION REGARDING OP7 ERATING AUTHORITY.—Notwithstanding any other 

8 provision of law, the Administrator shall determine 

9 whether to grant a commercial air tour operator op10 erating authority under section 40128 of title 49, 

11 United States Code, not later than 180 days after 

12 the earlier of the date on which— 

13 (A) the operator submits an application; or 

14 (B) an air tour management plan is com15 pleted for the national park over which the op16 erator seeks to conduct commercial air tour op17 erations. 

18 (3) INCREASE IN INTERIM OPERATING AUTHOR19 ITY.—The Administrator and the Secretary may in20 crease the interim operating authority while an air 

21 tour management plan is being developed for a park 

22 if— 

23 (A) the Secretary determines that such an 

24 increase does not adversely impact park re25 sources or visitor experiences; and 


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1 (B) the Administrator determines that 

2 granting interim operating authority does not 

3 adversely affect aviation safety or the manage4 ment of the national airspace system. 

5 (4) ENFORCEMENT OF OPERATING AUTHOR6 ITY.—The Administrator is authorized and directed 

7 to enforce the requirements of this Act and any 

8 agency rules or regulations related to operating au9 thority. 

10 SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT. 

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 sub17 section (b), (c), or (d), a person may not operate a civil 

18 subsonic turbojet with a maximum weight of 75,000 

19 pounds or less to or from an airport in the United States 

20 unless the Secretary of Transportation finds that the air21 craft complies with stage 3 noise levels. 

22 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

23 aircraft operated only outside the 48 contiguous States. 

24 ‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 

25 airport where the airport operator has notified the SecVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 retary that it wants to continue to permit the operation 

2 of civil subsonic turbojets with a maximum weight of 

3 75,000 pounds or less that do not comply with stage 3 

4 noise levels. The Secretary shall post the notices received 

5 under this subsection on its website or in another place 

6 easily accessible to the public. 

7 ‘‘(d) LIMITATION.—The Secretary shall permit a per8 son to operate Stage 1 and Stage 2 aircraft with a max9 imum weight of 75,000 pounds or less to or from an air10 port in the contiguous 48 States in order— 

11 ‘‘(1) to sell, lease, or use the aircraft outside 

12 the 48 contiguous States; 

13 ‘‘(2) to scrap the aircraft; 

14 ‘‘(3) to obtain modifications to the aircraft to 

15 meet stage 3 noise levels; 

16 ‘‘(4) to perform scheduled heavy maintenance 

17 or significant modifications on the aircraft at a 

18 maintenance facility located in the contiguous 48 

19 states; 

20 ‘‘(5) to deliver the aircraft to an operator leas21 ing the aircraft from the owner or return the air22 craft to the lessor; 

23 ‘‘(6) to prepare or park or store the aircraft in 

24 anticipation of any of the activities described in 

25 paragraphs (1) through (5); or 


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1 ‘‘(7) to divert the aircraft to an alternative air2 port in the 48 contiguous States on account of 

3 weather, mechanical, fuel air traffic control or other 

4 safety reasons while conducting a flight in order to 

5 perform any of the activities described in paragraphs 

6 (1) through (6). 

7 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the 

8 section may be construed as interfering with, nullifying, 

9 or otherwise affecting determinations made by the Federal 

10 Aviation Administration, or to be made by the Administra11 tion, with respect to applications under part 161 of title 

12 14, Code of Federal Regulations, that were pending on 

13 the date of enactment of the Aircraft Noise Reduction Act 

14 of 2006.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) Section 47531 is amended by striking 

17 ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 

18 47534’’. 

19 (2) Section 47532 is amended by striking 

20 ‘‘47528–47531’’ and inserting ‘‘47528 through 

21 47531 or 47534’’. 

22 (3) The table of contents for chapter 475 is 

23 amended by inserting after the item relating to sec24 tion 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 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect 5 years after the date of en3 actment of this Act. 

4 SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT. 

5 On and after the date of the enactment of this Act, 

6 the Administrator of the Federal Aviation Administration 

7 is prohibited from taking actions designed to challenge or 

8 influence weight restrictions or prior permission rules at 

9 Teterboro Airport in Teterboro, New Jersey, except in an 

10 emergency. 

11 SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIR12 PORT PROPERTIES. 

13 (a) IN GENERAL.—Within 1 year after the date of 

14 enactment of this Act, the Administrator of the Federal 

15 Aviation Administration shall establish a pilot program at 

16 up to 4 public-use airports for local airport operators that 

17 have submitted a noise compatibility program approved by 

18 the Federal Aviation Administration under section 47504 

19 of title 49, United States Code, under which such airport 

20 operators may use funds made available under section 

21 47117(e) of that title, or passenger facility revenue col22 lected under section 40117 of that title, in partnership 

23 with affected neighboring local jurisdictions, to support 

24 joint planning, engineering design, and environmental per25 mitting for the assembly and redevelopment of property 


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1 purchased with noise mitigation funds or passenger facil2 ity charge funds, to encourage airport-compatible land 

3 uses and generate economic benefits to the local airport 

4 authority and adjacent community. 

5 (b) NOISE COMPATIBILITY MEASURES.—Section 

6 47504(a)(2) is amended— 

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

8 subparagraph (D); 

9 (2) by striking ‘‘operations.’’ in subparagraph 

10 (E) and inserting ‘‘operations; and’’; and 

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

12 ‘‘(F) joint comprehensive land use planning in13 cluding master plans, traffic studies, environmental 

14 evaluation and economic and feasibility studies, with 

15 neighboring local jurisdictions undertaking commu16 nity redevelopment in the area where the land or 

17 other property interest acquired by the airport oper18 ator pursuant to this subsection is located, to en19 courage and enhance redevelopment opportunities 

20 that reflect zoning and uses that will prevent the in21 troduction of additional incompatible uses and en22 hance redevelopment potential.’’. 

23 (c) GRANT REQUIREMENTS.—The Administrator 

24 may not make a grant under subsection (a) unless the 

25 grant is made— 


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1 (1) to enable the airport operator and local ju2 risdictions undertaking the community redevelop3 ment effort to expedite redevelopment efforts; 

4 (2) subject to a requirement that the local juris5 diction governing the property interests in question 

6 has adopted zoning regulations that permit airport 

7 compatible redevelopment; and 

8 (3) subject to a requirement that, in deter9 mining the part of the proceeds from disposing of 

10 the land that is subject to repayment or reinvest11 ment under section 47107(c)(2)(A) of title 49, 

12 United States Code, the total amount of the grant 

13 issued under this section shall be added to the 

14 amount of any grants issued for acquisition of land. 

15 (d) DEMONSTRATION GRANTS.— 

16 (1) IN GENERAL.—The Administrator shall pro17 vide grants for up to 4 pilot property redevelopment 

18 projects distributed geographically and targeted to 

19 airports that demonstrate— 

20 (A) a readiness to implement cooperative 

21 land use management and redevelopment plans 

22 with the adjacent community; and 

23 (B) the probability of clear economic ben24 efit to the local community and financial return 


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1 to the airport through the implementation of 

2 the redevelopment plan. 

3 (2) FEDERAL SHARE.— 

4 (A) Notwithstanding any other provision of 

5 law, the Federal share of the allowable costs of 

6 a project carried out under the pilot program 

7 shall be 80 percent. 

8 (B) In determining the allowable costs, the 

9 Administrator shall deduct from the total costs 

10 of the activities described in subsection (a) that 

11 portion of the costs which is equal to that por12 tion of the total property to be redeveloped 

13 under this section that is not owned or to be ac14 quired by the airport operator pursuant to the 

15 noise compatibility program or that is not 

16 owned by the affected neighboring local juris17 dictions or other public entities. 

18 (3) MAXIMUM AMOUNT.—Not more than 

19 $5,000,000 in funds made available under section 

20 47117(e) of title 49, United States Code, may be ex21 pended under the pilot program at any single public22 use airport. 

23 (4) EXCEPTION.—Amounts paid to the Admin24 istrator under subsection (c)(3)— 


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1 (A) shall be in addition to amounts author2 ized under section 48203 of title 49, United 

3 States Code; 

4 (B) shall not be subject to any limitation 

5 on grant obligations for any fiscal year; and 

6 (C) shall remain available until expended. 

7 (e) USE OF PASSENGER REVENUE.—An airport 

8 sponsor that owns or operates an airport participating in 

9 the pilot program may use passenger facility revenue col10 lected under section 40117 of title 49, United States Code, 

11 to pay any project cost described in subsection (a) that 

12 is not financed by a grant under the program. 

13 (f) SUNSET.—This section, other than the amend14 ments made by subsections (b), shall not be in effect after 

15 September 30, 2011. 

16 (g) REPORT TO CONGRESS.—The Administrator shall 

17 report to Congress within 18 months after making the 

18 first grant under this section on the effectiveness of this 

19 program on returning part 150 lands to productive use. 

20 SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS. 

21 (a) IN GENERAL.—Subchapter I of chapter 417 is 

22 amended by adding at the end thereof the following: 

23 ‘‘§ 41724. Musical instruments 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG2 GAGE.—An air carrier providing air transportation 

3 shall permit a passenger to carry a violin, guitar, or 

4 other musical instrument in the aircraft cabin with5 out charge if— 

6 ‘‘(A) the instrument can be stowed safely 

7 in a suitable baggage compartment in the air8 craft cabin or under a passenger seat; and 

9 ‘‘(B) there is space for such stowage at the 

10 time the passenger boards the aircraft. 

11 ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG12 GAGE.—An air carrier providing air transportation 

13 shall permit a passenger to carry a musical instru14 ment that is too large to meet the requirements of 

15 paragraph (1) in the aircraft cabin without charge 

16 if— 

17 ‘‘(A) the instrument is contained in a case 

18 or covered so as to avoid injury to other pas19 sengers; 

20 ‘‘(B) the weight of the instrument, includ21 ing the case or covering, does not exceed 165 

22 pounds; 

23 ‘‘(C) the instrument can be secured by a 

24 seat belt to avoid shifting during flight; 


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1 ‘‘(D) the instrument does not restrict ac2 cess to, or use of, any required emergency exit, 

3 regular exit, or aisle; 

4 ‘‘(E) the instrument does not obscure any 

5 passenger’s view of any illuminated exit, warn6 ing, or other informational sign; 

7 ‘‘(F) neither the instrument nor the case 

8 contains any object not otherwise permitted to 

9 be carried in an aircraft cabin because of a law 

10 or regulation of the United States; and 

11 ‘‘(G) the passenger wishing to carry the in12 strument in the aircraft cabin has purchased an 

13 additional seat to accommodate the instrument. 

14 ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG15 GAGE.—An air carrier shall transport as baggage, 

16 without charge, a musical instrument that is the 

17 property of a passenger traveling in air transpor18 tation that may not be carried in the aircraft cabin 

19 if— 

20 ‘‘(A) the sum of the length, width, and 

21 height measured in inches of the outside linear 

22 dimensions of the instrument (including the 

23 case) does not exceed 150 inches; and 

24 ‘‘(B) the weight of the instrument does not 

25 exceed 165 pounds. 


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1 ‘‘(b) REGULATIONS.—The Secretary may prescribe 

2 such regulations as may be necessary or appropriate to 

3 implement subsection (a).’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents for chapter 417 is amended by inserting after the 

6 item relating to section 41723 the following: 

‘‘41724. Musical instruments’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect 30 days after the date of en9 actment of this Act. 

10 SEC. 714. RECYCLING PLANS FOR AIRPORTS. 

11 (a) AIRPORT PLANNING.—Section 47102(5) is 

12 amended by striking ‘‘planning.’’ and inserting ‘‘planning 

13 and a plan for recycling and minimizing the generation 

14 of airport solid waste, consistent with applicable State and 

15 local recycling laws, including the cost of a waste audit.’’. 

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

17 (1) by striking ‘‘and’’ in paragraph (4); 

18 (2) by striking ‘‘proposed.’’ in paragraph (5) 

19 and inserting ‘‘proposed; and’’; and 

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

21 ‘‘(6) if the project is for an airport that has an 

22 airport master plan, the master plan addresses— 

23 ‘‘(A) the feasibility of solid waste recycling 

24 at the airport; 


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1 ‘‘(B) minimizing the generation of solid 

2 waste at the airport; 

3 ‘‘(C) operation and maintenance require4 ments; 

5 ‘‘(D) the review of waste management con6 tracts; 

7 ‘‘(E) the potential for cost savings or the 

8 generation of revenue; and 

9 ‘‘(F) training and education require10 ments.’’. 

11 SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PRO12 GRAM ADJUSTMENTS. 

13 (a) PURPOSE.—It is the purpose of the airport dis14 advantaged business enterprise program (49 U.S.C. 

15 47107(e) and 47113) to ensure that minority- and women16 owned businesses do not face barriers because of their race 

17 or gender and so that they have a fair opportunity to com18 pete in Federally assisted airport contracts and conces19 sions. 

20 (b) FINDINGS.—The Congress finds the following: 

21 (1) While significant progress has occurred due 

22 to the enactment of the airport disadvantaged busi23 ness enterprise program (49 U.S.C. 47107(e) and 

24 47113), discrimination continues to be a barrier for 

25 minority- and women-owned businesses seeking to do 


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1 business in airport-related markets. This continuing 

2 barrier merits the continuation of the airport dis3 advantaged business enterprise program. 

4 (2) The Congress has received recent evidence 

5 of discrimination from numerous sources, including 

6 congressional hearings and roundtables, scientific re7 ports, reports issued by public and private agencies, 

8 news stories, reports of discrimination by organiza9 tions and individuals, and discrimination lawsuits. 

10 This evidence also shows that race- and gender-neu11 tral efforts alone are insufficient to address the 

12 problem. 

13 (3) This evidence demonstrates that discrimina14 tion across the nation poses a barrier to full and fair 

15 participation in airport related businesses of women 

16 business owners and minority business owners in the 

17 racial groups detailed in parts 23 and 26 of title 49, 

18 Code of Federal Regulations, and has impacted firm 

19 development and many aspects of airport related 

20 business in the public and private markets. 

21 (4) This evidence provides a strong basis for 

22 the continuation of the airport disadvantaged busi23 ness enterprise program and the airport concessions 

24 disadvantaged business enterprise program. 

25 (c) IN GENERAL.—Section 47107(e) is amended— 


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1 (1) by redesignating paragraph (8) as 

2 paragraph (9); and 

3 (2) by inserting after paragraph (7) the 

4 following: 

5 ‘‘(8) MANDATORY TRAINING PROGRAM FOR

6 AIRPORT CONCESSIONS.— 

7 ‘‘(A) IN GENERAL.—Not later than 

8 one year after the date of enactment of the 

9 FAA Air Transportation Modernization 

10 and Safety Improvement Act, the Sec11 retary shall establish a mandatory training 

12 program for persons described in subpara13 graph (C) on the certification of whether a 

14 small business concern in airport conces15 sions qualifies as a small business concern 

16 owned and controlled by a socially and eco17 nomically disadvantaged individual for pur18 poses of paragraph (1). 

19 ‘‘(B) IMPLEMENTATION.—The train20 ing program may be implemented by one 

21 or more private entities approved by the 

22 Secretary. 

23 ‘‘(C) PARTICIPANTS.—A person re24 ferred to in paragraph (1) is an official or 

25 agent of an airport owner or operator who 


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1 is required to provide a written assurance 

2 under paragraph (1) that the airport 

3 owner or operator will meet the percentage 

4 goal of paragraph (1) or who is responsible 

5 for determining whether or not a small 

6 business concern in airport concessions 

7 qualifies as a small business concern owned 

8 and controlled by a socially and economi9 cally disadvantaged individual for purposes 

10 of paragraph (1). 

11 ‘‘(D) AUTHORIZATION OF APPROPRIA12 TIONS.—There are authorized to be appro13 priated to the Secretary such sums as may 

14 be necessary to carry out this paragraph.’’. 

15 (d) REPORT.—Not later than 24 months after the 

16 date of enactment of this Act, the Secretary shall submit 

17 a report to the Senate Committee on Commerce, Science, 

18 and Transportation, the House of Representatives Com19 mittee on Transportation and Infrastructure, and other 

20 appropriate committees of Congress on the results of the 

21 training program conducted under section 47107(e)(8) of 

22 title 49, United States Code, as added by subsection (a). 

23 (e) DISADVANTAGED BUSINESS ENTERPRISE PER24 SONAL NET WORTH CAP; BONDING REQUIREMENTS.— 


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1 Section 47113 is amended by adding at the end the fol2 lowing: 

3 ‘‘(e) PERSONAL NET WORTH CAP.—Not later than 

4 180 days after the date of enactment of the FAA Air 

5 Transportation Modernization and Safety Improvement 

6 Act, the Secretary shall issue final regulations to adjust 

7 the personal net worth cap used in determining whether 

8 an individual is economically disadvantaged for purposes 

9 of qualifying under the definition contained in subsection 

10 (a)(2) and under section 47107(e). The regulations shall 

11 correct for the impact of inflation since the Small Business 

12 Administration established the personal net worth cap at 

13 $750,000 in 1989. 

14 ‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 

15 ‘‘(1) IN GENERAL.—In calculating a business 

16 owner’s personal net worth, any funds held in a 

17 qualified retirement account owned by the business 

18 owner shall be excluded, subject to regulations to be 

19 issued by the Secretary. 

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

21 after the date of enactment of the FAA Air Trans22 portation Modernization and Safety Improvement 

23 Act, the Secretary shall issue final regulations to im24 plement paragraph (1), including consideration of 

25 appropriate safeguards, such as a limit on the 


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1 amount of such accounts, to prevent circumvention 

2 of personal net worth requirements. 

3 ‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINA4 TORY BONDING REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a program to eliminate barriers to small busi7 ness participation in airport-related contracts and 

8 concessions by prohibiting excessive, unreasonable, 

9 or discriminatory bonding requirements for any 

10 project funded under this chapter or using passenger 

11 facility revenues under section 40117. 

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

13 after the date of enactment of the FAA Air Trans14 portation Modernization and Safety Improvement 

15 Act, the Secretary shall issue a final rule to establish 

16 the program under paragraph (1).’’. 

17 SEC. 716. FRONT LINE MANAGER STAFFING. 

18 (a) STUDY.—Not later than 45 days after the date 

19 of enactment of this Act, the Administrator of the Federal 

20 Aviation Administration shall initiate a study on front line 

21 manager staffing requirements in air traffic control facili22 ties. 

23 (b) CONSIDERATIONS.—In conducting the study, the 

24 Administrator may take into consideration— 


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1 (1) the number of supervisory positions of oper2 ation requiring watch coverage in each air traffic 

3 control facility; 

4 (2) coverage requirements in relation to traffic 

5 demand; 

6 (3) facility type; 

7 (4) complexity of traffic and managerial respon8 sibilities; 

9 (5) proficiency and training requirements; and 

10 (6) such other factors as the Administrator con11 siders appropriate. 

12 (c) DETERMINATIONS.—The Administrator shall 

13 transmit any determinations made as a result of the study 

14 to the Chief Operating Officer for the air traffic control 

15 system. 

16 (d) REPORT.—Not later than 180 days after the date 

17 of enactment of this Act, the Administrator shall submit 

18 to the Senate Committee on Commerce, Science, and 

19 Transportation and the House of Representatives Com20 mittee on Transportation and Infrastructure a report on 

21 the results of the study and a description of any deter22 minations submitted to the Chief Operating Officer under 

23 subsection (c). 


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1 SEC. 717. STUDY OF HELICOPTER AND FIXED WING AIR AM2 BULANCE SERVICES. 

3 (a) IN GENERAL.— The Comptroller General shall 

4 conduct a study of the helicopter and fixed-wing air ambu5 lance industry. The study shall include information, anal6 ysis, and recommendations pertinent to ensuring a safe 

7 air ambulance industry. 

8 (b) REQUIRED INFORMATION.—In conducting the 

9 study, the Comptroller General shall obtain detailed infor10 mation on the following aspects of the air ambulance in11 dustry: 

12 (1) A review of the industry, for part 135 cer13 tificate holders and indirect carriers providing heli14 copter and fixed-wing air ambulance services, includ15 ing— 

16 (A) a listing of the number, size, and loca17 tion of helicopter and fixed-wing aircraft and 

18 their flight bases; 

19 (B) affiliations of certificate holders and 

20 indirect carriers with hospitals, governments, 

21 and other entities; 

22 (C) coordination of air ambulance services, 

23 with each other, State and local emergency 

24 medical services systems, referring entities, and 

25 receiving hospitals; 


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1 (D) nature of services contracts, sources of 

2 payment, financial relationships between certifi3 cate holders and indirect carriers providing air 

4 ambulance services and referring entities, and 

5 costs of operations; and 

6 (E) a survey of business models for air 

7 ambulance operations, including expenses, 

8 structure, and sources of income. 

9 (2) Air ambulance request and dispatch prac10 tices, including the various types of protocols, mod11 els, training, certifications, and air medical commu12 nications centers relating to part 135 certificate 

13 holders and indirect carriers providing helicopter 

14 and fixed-wing air ambulance services, including— 

15 (A) the practices that emergency and med16 ical officials use to request an air ambulance; 

17 (B) information on whether economic or 

18 other nonmedical factors lead to air ambulance 

19 transport when it is not medically needed, ap20 propriate, or safe; and 

21 (C) the cause, occurrence, and extent of 

22 delays in air ambulance transport. 

23 (3) Economic and medical issues relating to the 

24 air ambulance industry, including— 

25 (A) licensing; 


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1 (B) certificates of need; 

2 (C) public convenience and necessity re3 quirements; 

4 (D) assignment of geographic coverage 

5 areas; 

6 (E) accreditation requirements; 

7 (F) compliance with dispatch procedures; 

8 and 

9 (G) requirements for medical equipment 

10 and personnel onboard the aircraft. 

11 (4) Such other matters as the Comptroller Gen12 eral considers relevant to the purpose of the study. 

13 (c) ANALYSIS AND RECOMMENDATIONS.—Based on 

14 information obtained under subsection (b) and other infor15 mation the Comptroller General considers appropriate, the 

16 report shall also include an analysis and specific rec17 ommendations, as appropriate, related to— 

18 (1) the relationship between State regulation 

19 and Federal preemption of rates, routes, and serv20 ices of air ambulances; 

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

22 existing State regulation of air ambulances and the 

23 potential effect of greater State regulation— 

24 (A) in the air ambulance industry, on the 

25 economic viability of air ambulance services, the 


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1 availability and coordination of service, and 

2 costs of operations both in rural and highly 

3 populated areas; 

4 (B) on the quality of patient care and out5 comes; and 

6 (C) on competition and safety; and 

7 (3) whether systemic or other problems exist on 

8 a statewide, regional, or national basis with the cur9 rent system governing air ambulances. 

10 (d) REPORT.—Not later than June 1, 2010, the 

11 Comptroller General shall submit a report to the Secretary 

12 of Transportation, the Senate Committee on Commerce, 

13 Science, and Transportation, and the House of Represent14 atives Committee on Transportation and Infrastructure 

15 containing the Government Accountability Office’s find16 ings and recommendations regarding the study under this 

17 section. 

18 (e) ADOPTION OF RECOMMENDED POLICY

19 CHANGES.—Not later than 60 days after the date of re20 ceipt of the report under subsection (d), the Secretary 

21 shall issue a report to the Senate Committee on Com22 merce, Science, and Transportation, and the House of 

23 Representatives Committee on Transportation and Infra24 structure that— 


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1 (1) specifies which, if any, policy changes rec2 ommended by the Comptroller General and any 

3 other policy changes with respect to air ambulances 

4 the Secretary will adopt and implement; and 

5 (2) includes recommendations for legislative 

6 change, if appropriate 

7 (f) PART 135 CERTIFICATE HOLDER DEFINED.—In 

8 this section, the term ‘‘part 135 certificate holder’’ means 

9 a person holding a certificate issued under part 135 of 

10 title 14, Code of Federal Regulations. 

11 SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METRO12 POLITAN WASHINGTON AIRPORTS AUTHOR13 ITY. 

14 (a) IN GENERAL.—Section 49108 is repealed. 

15 (b) CONFORMING REPEAL.—The table of sections for 

16 chapter 491 is amended by striking the item relating to 

17 section 49108. 

18 SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY. 

19 Not later than 180 days after the date of enactment 

20 of this Act, the Administrator of the Federal Aviation Ad21 ministration, in consultation with other Federal agencies, 

22 shall submit a report to the Senate Committee on Com23 merce, Science, and Transportation, the House of Rep24 resentatives Committee on Science and Technology, and 


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1 the House of Representatives Committee on Energy and 

2 Commerce that identifies— 

3 (1) the current and anticipated need over the 

4 next decade by civil aviation, including equipment 

5 manufacturers, for aeronautical mobile telemetry 

6 services; and 

7 (2) the potential impact to the aerospace indus8 try of the introduction of a new radio service oper9 ating in the same spectrum allocated to the aero10 nautical mobile telemetry service. 

11 SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RE12 SOURCE MANAGEMENT TECHNIQUES. 

13 (a) STUDY.—The Administrator of the Federal Avia14 tion Administration shall conduct a study on aviation in15 dustry best practices with regard to flightcrew member 

16 pairing, crew resource management techniques, and pilot 

17 commuting. 

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

19 of enactment of this Act, the Administrator shall submit 

20 a report to the House of Representatives Committee on 

21 Transportation and Infrastructure and the Senate Com22 mittee on Commerce, Science, and Transportation on the 

23 results of the study. 


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1 SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE, 

2 REDUNDANT, OR OTHERWISE UNNECESSARY 

3 REPORTS; USE OF ELECTRONIC MEDIA FOR4 MAT. 

5 (a) CONSOLIDATION OR ELIMINATION OF RE6 PORTS.—No later than 2 years after the date of enactment 

7 of this Act, and every 2 years thereafter, the Adminis8 trator of the Federal Aviation Administration shall submit 

9 a report to the Senate Committee on Commerce, Science, 

10 and Transportation and the House of Representatives 

11 Committee on Transportation and Infrastructure con12 taining— 

13 (1) a list of obsolete, redundant, or otherwise 

14 unnecessary reports the Administration is required 

15 by law to submit to the Congress or publish that the 

16 Administrator recommends eliminating or consoli17 dating with other reports; and 

18 (2) an estimate of the cost savings that would 

19 result from the elimination or consolidation of those 

20 reports. 

21 (b) USE OF ELECTRONIC MEDIA FOR REPORTS.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the Federal Aviation Administra24 tion— 

25 (A) may not publish any report required or 

26 authorized by law in printed format; and 


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1 (B) shall publish any such report by post2 ing it on the Administration’s website in an eas3 ily accessible and downloadable electronic for4 mat. 

5 (2) EXCEPTION.—Paragraph (1) does not apply 

6 to any report with respect to which the Adminis7 trator determines that— 

8 (A) its publication in printed format is es9 sential to the mission of the Federal Aviation 

10 Administration; or 

11 (B) its publication in accordance with the 

12 requirements of paragraph (1) would disclose 

13 matter— 

14 (i) described in section 552(b) of title 

15 5, United States Code; or 

16 (ii) the disclosure of which would have 

17 an adverse impact on aviation safety or se18 curity, as determined by the Adminis19 trator. 

20 SEC. 722. LINE CHECK EVALUATIONS. 

21 Section 44729(h) is amended— 

22 (1) by striking paragraph (2); and 

23 (2) by redesignating paragraph (3) as para24 graph (2). 


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1 SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR 

2 TRAFFIC CONTROL TOWER. 

3 Not later than 90 days after the date of the enact4 ment of this Act, the Administrator of the Federal Avia5 tion Administration shall report to the Committee on 

6 Commerce, Science, and Transportation of the Senate, 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives, on the Federal Aviation 

9 Administration’s plan to staff the Newark Liberty Airport 

10 air traffic control tower at negotiated staffing levels within 

11 1 year after such date of enactment. 

12 SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS 

13 IN COLD WEATHER STATES. 

14 The Administrator of the Federal Aviation Adminis15 tration shall, to the maximum extent practicable, schedule 

16 the Administrator’s review of construction projects so that 

17 projects to be carried out in States in which the weather 

18 during a typical calendar year prevents major construction 

19 projects from being carried out before May 1 are reviewed 

20 as early as possible. 

21 SEC. 725. AIR-RAIL CODESHARE STUDY. 

22 (a) CODESHARE STUDY.—Not later than 180 days 

23 after the date of the enactment of this Act, the GAO shall 

24 conduct a study of— 

25 (1) the current airline and intercity passenger 

26 rail codeshare arrangements; 


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1 (2) the feasibility and costs to taxpayers and 

2 passengers of increasing intermodal connectivity of 

3 airline and intercity passenger rail facilities and sys4 tems to improve passenger travel. 

5 (b) CONSIDERATIONS.—The study shall consider— 

6 (1) the potential benefits to passengers and 

7 costs to taxpayers from the implementation of more 

8 integrated scheduling between airlines and Amtrak 

9 or other intercity passenger rail carriers achieved 

10 through codesharing arrangements; 

11 (2) airport operations that can improve 

12 connectivity to intercity passenger rail facilities and 

13 stations. 

14 (c) REPORT.—Not later than 1 year after com15 mencing the study required by subsection (a), the Comp16 troller shall submit the report to the Committee on Com17 merce, Science, and Transportation of the Senate and the 

18 Committee on Transportation and Infrastructure of the 

19 House of Representatives. The report shall include any 

20 conclusions of the Comptroller resulting from the study. 

21 SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE 

22 NEW YORK/NEW JERSEY/PHILADELPHIA MET23 ROPOLITAN AREA AIRSPACE REDESIGN. 

24 Not later than 270 days after the date of the enact25 ment of this Act and every 180 days thereafter until the 


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1 completion of the New York/New Jersey/Philadelphia Met2 ropolitan Area Airspace Redesign, the Administrator of 

3 the Federal Aviation Administration shall, in conjunction 

4 with the Port Authority of New York and New Jersey and 

5 the Philadelphia International Airport— 

6 (1) monitor the air noise impacts of the New 

7 York/New Jersey/Philadelphia Metropolitan Area 

8 Airspace Redesign; and 

9 (2) submit to Congress a report on the findings 

10 of the Administrator with respect to the monitoring 

11 described in paragraph (1). 

12 SEC. 727. STUDY ON AVIATION FUEL PRICES. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this Act, the Comptroller General 

15 of the United States shall conduct a study and report to 

16 Congress on the impact of increases in aviation fuel prices 

17 on the Airport and Airway Trust Fund and the aviation 

18 industry in general. The study shall include the impact 

19 of increases in aviation fuel prices on— 

20 (1) general aviation; 

21 (2) commercial passenger aviation; 

22 (3) piston aircraft purchase and use; 

23 (4) the aviation services industry, including re24 pair and maintenance services; 

25 (5) aviation manufacturing; 


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1 (6) aviation exports; and 

2 (7) the use of small airport installations. 

3 (b) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.— 

4 In conducting the study required by subsection (a), the 

5 Comptroller General shall use the average aviation fuel 

6 price for fiscal year 2010 as a baseline and measure the 

7 impact of increases in aviation fuel prices that range from 

8 5 percent to 200 percent over the 2010 baseline. 

9 SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA 

10 SUPPLEMENTAL AIRPORT. 

11 (a) DEFINITIONS.—In this section: 

12 (1) COUNTY.—The term ‘‘County’’ means Clark 

13 County, Nevada. 

14 (2) PUBLIC LAND.—The term ‘‘public land’’ 

15 means the land located at— 

16 (A) sec. 23 and sec. 26, T. 26 S., R. 59 

17 E., Mount Diablo Meridian; 

(B) the NE 1⁄4 and the N 1⁄2 of the SE 1 18 ⁄4

19 of sec. 6, T. 25 S., R. 59 E., Mount Diablo Meridian, together with the SE 1 20 ⁄4 of sec. 31, T. 

21 24 S., R. 59 E., Mount Diablo Meridian; and 

22 (C) sec. 8, T. 26 S., R. 60 E., Mount Dia23 blo Meridian. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 (b) LAND CONVEYANCE.— 

2 (1) IN GENERAL.—As soon as practicable after 

3 the date described in paragraph (2), subject to valid 

4 existing rights, and notwithstanding the land use 

5 planning requirements of sections 202 and 203 of 

6 the Federal Land Policy and Management Act of 

7 1976 (43 U.S.C. 1712, 1713), the Secretary shall 

8 convey to the County, without consideration, all 

9 right, title, and interest of the United States in and 

10 to the public land. 

11 (2) DATE ON WHICH CONVEYANCE MAY BE

12 MADE.—The Secretary shall not make the convey13 ance described in paragraph (1) until the later of 

14 the date on which the Administrator of the Federal 

15 Aviation Administration has— 

16 (A) approved an airport layout plan for an 

17 airport to be located in the Ivanpah Valley; and 

18 (B) with respect to the construction and 

19 operation of an airport on the site conveyed to 

20 the County pursuant to section 2(a) of the 

21 Ivanpah Valley Airport Public Lands Transfer 

22 Act (Public Law 106–362; 114 Stat. 1404), 

23 issued a record of decision after the preparation 

24 of an environmental impact statement or simi25 lar analysis required under the National EnviVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 ronmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.). 

3 (3) WITHDRAWAL.—Subject to valid existing 

4 rights, the public land to be conveyed under para5 graph (1) is withdrawn from— 

6 (A) location, entry, and patent under the 

7 mining laws; and 

8 (B) operation of the mineral leasing and 

9 geothermal leasing laws. 

10 (4) USE.—The public land conveyed under 

11 paragraph (1) shall be used for the development of 

12 flood mitigation infrastructure for the Southern Ne13 vada Supplemental Airport. 

14 SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUN15 TEER PILOTS OPERATING CHARITABLE MED16 ICAL FLIGHTS. 

17 In administering part 61.113(c) of title 14, Code of 

18 Federal Regulations, the Administrator of the Federal 

19 Aviation Administration shall allow an aircraft owner or 

20 aircraft operator who has volunteered to provide transpor21 tation for an individual or individuals for medical purposes 

22 to accept reimbursement to cover all or part of the fuel 

23 costs associated with the operation from a volunteer pilot 

24 organization. 


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1 SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS 

2 OXIDE, OR OTHER OXIDIZING GASES. 

3 (a) IN GENERAL.—The transportation within Alaska 

4 of cylinders of compressed oxygen, nitrous oxide, or other 

5 oxidizing gases aboard aircraft shall be exempt from com6 pliance with the requirements, under sections 

7 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of 

8 the Pipeline and Hazardous Material Safety Administra9 tion’s regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and 

10 173.304(f)(3) and (f)(4)), that oxidizing gases transported 

11 aboard aircraft be enclosed in outer packaging capable of 

12 passing the flame penetration and resistance test and the 

13 thermal resistance test, without regard to the end use of 

14 the cylinders, if— 

15 (1) there is no other practical means of trans16 portation for transporting the cylinders to their des17 tination and transportation by ground or vessel is 

18 unavailable; and 

19 (2) the transportation meets the requirements 

20 of subsection (b). 

21 (b) EXEMPTION REQUIREMENTS.—Subsection (a) 

22 shall not apply to the transportation of cylinders of com23 pressed oxygen, nitrous oxide, or other oxidizing gases 

24 aboard aircraft unless the following requirements are met: 

25 (1) PACKAGING.— 


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1 (A) SMALLER CYLINDERS.—Each cylinder 

2 with a capacity of not more than 116 cubic feet 

3 shall be— 

4 (i) fully covered with a fire or flame 

5 resistant blanket that is secured in place; 

6 and 

7 (ii) placed in a rigid outer packaging 

8 or an ATA 300 Category 1 shipping con9 tainer. 

10 (B) LARGER CYLINDERS.—Each cylinder 

11 with a capacity of more than 116 cubic feet but 

12 not more than 281 cubic feet shall be— 

13 (i) secured within a frame; 

14 (ii) fully covered with a fire or flame 

15 resistant blanket that is secured in place; 

16 and 

17 (iii) fitted with a securely attached 

18 metal cap of sufficient strength to protect 

19 the valve from damage during transpor20 tation. 

21 (2) OPERATIONAL CONTROLS.— 

22 (A) STORAGE; ACCESS TO FIRE EXTIN23 GUISHERS.—Unless the cylinders are stored in 

24 a Class C cargo compartment or its equivalent 

25 on the aircraft, crew members shall have access 


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1 to the cylinders and at least 2 fire extinguishers 

2 shall be readily available for use by the crew 

3 members. 

4 (B) SHIPMENT WITH OTHER HAZARDOUS

5 MATERIALS.—The cylinders may not be trans6 ported in the same aircraft with other haz7 ardous materials other than Division 2.2 mate8 rials with no subsidiary risk, Class 9 materials, 

9 and ORM–D materials. 

10 (3) AIRCRAFT REQUIREMENTS.— 

11 (A) AIRCRAFT TYPE.—The transportation 

12 shall be provided only aboard a passenger-car13 rying aircraft or a cargo aircraft. 

14 (B) PASSENGER-CARRYING AIRCRAFT.— 

15 (i) SMALLER CYLINDERS ONLY.—A 

16 cylinder with a capacity of more than 116 

17 cubic feet may not be transported aboard 

18 a passenger-carrying aircraft. 

19 (ii) MAXIMUM NUMBER.—Unless 

20 transported in a Class C cargo compart21 ment or its equivalent, no more than 6 cyl22 inders in each cargo compartment may be 

23 transported aboard a passenger-carrying 

24 aircraft. 


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1 (C) CARGO AIRCRAFT.—A cylinder may 

2 not be transported aboard a cargo aircraft un3 less it is transported in a Class B cargo com4 partment or a Class C cargo compartment or 

5 its equivalent. 

6 (c) DEFINITIONS.—Terms used in this section shall 

7 have the meaning given those terms in parts 106, 107, 

8 and 171 through 180 of the Pipeline and Hazardous Ma9 terial Safety Administration’s regulations (49 C.F.R. 

10 parts 106, 107, and 171–180). 

11 SEC. 731. TECHNICAL CORRECTION. 

12 Section 159(b)(2)(C) of title I of division A of the 

13 Consolidated Appropriations Act, 2010, is amended by 

14 striking clauses (i) and (ii) and inserting the following: 

15 ‘‘(i) requiring inspections of any con16 tainer containing a firearm or ammunition; 

17 and 

18 ‘‘(ii) the temporary suspension of fire19 arm carriage service if credible intelligence 

20 information indicates a threat related to 

21 the national rail system or specific routes 

22 or trains.’’. 


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1 SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON 

2 COMMERCIAL FLIGHTS. 

3 (a) PLAN DEVELOPMENT.—Not later than 270 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Transportation and the Secretary of Commerce, in con6 sultation with interested representatives of the aviation in7 dustry and other relevant agencies, shall develop a plan 

8 and process to allow Federal agencies to fly scientific in9 struments on commercial flights with airlines who volun10 teer, for the purpose of taking measurements to improve 

11 weather forecasting. 

12 TITLE VIII—AIRPORT AND AIR13 WAY TRUST FUND PROVI14 SIONS AND RELATED TAXES 

15 SEC. 800. AMENDMENT OF 1986 CODE. 

16 Except as otherwise expressly provided, whenever in 

17 this title an amendment or repeal is expressed in terms 

18 of an amendment to, or repeal of, a section or other provi19 sion, the reference shall be considered to be made to a 

20 section or other provision of the Internal Revenue Code 

21 of 1986. 

22 SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND 

23 AIRWAY TRUST FUND. 

24 (a) FUEL TAXES.—Subparagraph (B) of section 

25 4081(d)(2) is amended by striking ‘‘March 31, 2010’’ and 

26 inserting ‘‘September 30, 2013’’. 


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1 (b) TICKET TAXES.— 

2 (1) PERSONS.—Clause (ii) of section 

3 4261(j)(1)(A) is amended by striking ‘‘March 31, 

4 2010’’ and inserting ‘‘September 30, 2013’’. 

5 (2) PROPERTY.—Clause (ii) of section 

6 4271(d)(1)(A) is amended by striking ‘‘March 31, 

7 2010’’ and inserting ‘‘September 30, 2013’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on April 1, 2010. 

10 SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST 

11 FUND EXPENDITURE AUTHORITY. 

12 (a) IN GENERAL.—Paragraph (1) of section 9502(d) 

13 is amended— 

14 (1) by striking ‘‘April 1, 2010’’ in the matter 

15 preceding subparagraph (A) and inserting ‘‘October 

16 1, 2013’’, and 

17 (2) by striking the semicolon at the end of sub18 paragraph (A) and inserting ‘‘or the FAA Air 

19 Transportation Modernization and Safety Improve20 ment Act;’’. 

21 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

22 section 9502(e) is amended by striking ‘‘April 1, 2010’’ 

23 and inserting ‘‘October 1, 2013’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect on April 1, 2010. 


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1 SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE 

2 USED IN AVIATION. 

3 (a) RATE OF TAX ON AVIATION-GRADE KER4 OSENE.— 

5 (1) IN GENERAL.—Subparagraph (A) of section 

6 4081(a)(2) (relating to rates of tax) is amended by 

7 striking ‘‘and’’ at the end of clause (ii), by striking 

8 the period at the end of clause (iii) and inserting ‘‘, 

9 and’’, and by adding at the end the following new 

10 clause: 

11 ‘‘(iv) in the case of aviation-grade ker12 osene, 35.9 cents per gallon.’’. 

13 (2) FUEL REMOVED DIRECTLY INTO FUEL

14 TANK OF AIRPLANE USED IN NONCOMMERCIAL AVIA15 TION.—Subparagraph (C) of section 4081(a)(2) is 

16 amended to read as follows: 

17 ‘‘(C) TAXES IMPOSED ON FUEL USED IN

18 COMMERCIAL AVIATION.—In the case of avia19 tion-grade kerosene which is removed from any 

20 refinery or terminal directly into the fuel tank 

21 of an aircraft for use in commercial aviation by 

22 a person registered for such use under section 

23 4101, the rate of tax under subparagraph 

24 (A)(iv) shall be 4.3 cents per gallon.’’. 


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1 (3) EXEMPTION FOR AVIATION-GRADE KER2 OSENE REMOVED INTO AN AIRCRAFT.—Subsection 

3 (e) of section 4082 is amended— 

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

5 ‘‘aviation-grade kerosene’’, 

6 (B) by striking ‘‘section 

7 4081(a)(2)(A)(iii)’’ and inserting ‘‘section 

8 4081(a)(2)(A)(iv)’’, and 

9 (C) by striking ‘‘KEROSENE’’ in the head10 ing and inserting ‘‘AVIATION-GRADE KER11 OSENE’’. 

12 (4) CONFORMING AMENDMENTS.— 

13 (A) Clause (iii) of section 4081(a)(2)(A) is 

14 amended by inserting ‘‘other than aviation15 grade kerosene’’ after ‘‘kerosene’’. 

16 (B) The following provisions are each 

17 amended by striking ‘‘kerosene’’ and inserting 

18 ‘‘aviation-grade kerosene’’: 

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

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

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

22 (C) Section 4081(a)(3)(D) is amended— 

23 (i) by striking ‘‘paragraph (2)(C)(i)’’ 

24 in clause (i) and inserting ‘‘paragraph 

25 (2)(C)’’, and 


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1 (ii) by striking ‘‘paragraph (2)(C)(ii)’’ 

2 in clause (ii) and inserting ‘‘paragraph 

3 (2)(A)(iv)’’. 

4 (D) Section 4081(a)(4) is amended— 

5 (i) in the heading by striking ‘‘KER6 OSENE’’ and inserting ‘‘AVIATION-GRADE

7 KEROSENE’’, and 

8 (ii) by striking ‘‘paragraph (2)(C)(i)’’ 

9 and inserting ‘‘paragraph (2)(C)’’. 

10 (E) Section 4081(d)(2) is amended by 

11 striking ‘‘(a)(2)(C)(ii)’’ and inserting 

12 ‘‘(a)(2)(A)(iv)’’. 

13 (b) RETAIL TAX ON AVIATION FUEL.— 

14 (1) EXEMPTION FOR PREVIOUSLY TAXED

15 FUEL.—Paragraph (2) of section 4041(c) is amend16 ed by inserting ‘‘at the rate specified in subsection 

17 (a)(2)(A)(iv) thereof’’ after ‘‘section 4081’’. 

18 (2) RATE OF TAX.—Paragraph (3) of section 

19 4041(c) is amended to read as follows: 

20 ‘‘(3) RATE OF TAX.—The rate of tax imposed 

21 by this subsection shall be the rate of tax in effect 

22 under section 4081(a)(2)(A)(iv) (4.3 cents per gallon 

23 with respect to any sale or use for commercial avia24 tion).’’. 


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1 (c) REFUNDS RELATING TO AVIATION-GRADE KER2 OSENE.— 

3 (1) KEROSENE USED IN COMMERCIAL AVIA4 TION.—Clause (ii) of section 6427(l)(4)(A) is 

5 amended by striking ‘‘specified in section 4041(c) or 

6 4081(a)(2)(A)(iii), as the case may be,’’ and insert7 ing ‘‘so imposed’’. 

8 (2) KEROSENE USED IN AVIATION.—Paragraph 

9 (4) of section 6427(l) is amended— 

10 (A) by striking subparagraph (B) and re11 designating subparagraph (C) as subparagraph 

12 (B), and 

13 (B) by amending subparagraph (B), as re14 designated by subparagraph (A), to read as fol15 lows: 

16 ‘‘(B) PAYMENTS TO ULTIMATE, REG17 ISTERED VENDOR.—With respect to any ker18 osene used in aviation (other than kerosene to 

19 which paragraph (6) applies), if the ultimate 

20 purchaser of such kerosene waives (at such time 

21 and in such form and manner as the Secretary 

22 shall prescribe) the right to payment under 

23 paragraph (1) and assigns such right to the ul24 timate vendor, then the Secretary shall pay 

25 (without interest) the amount which would be 


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1 paid under paragraph (1) to such ultimate ven2 dor, but only if such ultimate vendor— 

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

4 and 

5 ‘‘(ii) meets the requirements of sub6 paragraph (A), (B), or (D) of section 

7 6416(a)(1).’’. 

8 (3) AVIATION-GRADE KEROSENE NOT USED IN

9 AVIATION.—Subsection (l) of section 6427 is amend10 ed by redesignating paragraph (5) as paragraph (6) 

11 and by inserting after paragraph (4) the following 

12 new paragraph: 

13 ‘‘(5) REFUNDS FOR AVIATION-GRADE KER14 OSENE NOT USED IN AVIATION.—If tax has been im15 posed under section 4081 at the rate specified in 

16 section 4081(a)(2)(A)(iv) and the fuel is used other 

17 than in an aircraft, the Secretary shall pay (without 

18 interest) to the ultimate purchaser of such fuel an 

19 amount equal to the amount of tax imposed on such 

20 fuel reduced by the amount of tax that would be im21 posed under section 4041 if no tax under section 

22 4081 had been imposed.’’. 

23 (4) CONFORMING AMENDMENTS.— 


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1 (A) Section 4082(d)(2)(B) is amended by 

2 striking ‘‘6427(l)(5)(B)’’ and inserting 

3 ‘‘6427(l)(6)(B)’’. 

4 (B) Section 6427(i)(4) is amended— 

5 (i) by striking ‘‘(4)(C)’’ the first two 

6 places it occurs and inserting ‘‘(4)(B)’’, 

7 and 

8 (ii) by striking ‘‘, (l)(4)(C)(ii), and’’ 

9 and inserting ‘‘and’’. 

10 (C) The heading of section 6427(l) is 

11 amended by striking ‘‘DIESEL FUEL AND KER12 OSENE’’ and inserting ‘‘DIESEL FUEL, KER13 OSENE, AND AVIATION FUEL’’. 

14 (D) Section 6427(l)(1) is amended by 

15 striking ‘‘paragraph (4)(C)(i)’’ and inserting 

16 ‘‘paragraph (4)(B)’’. 

17 (E) Section 6427(l)(4) is amended— 

18 (i) by striking ‘‘KEROSENE USED IN

19 AVIATION’’ in the heading and inserting 

20 ‘‘AVIATION-GRADE KEROSENE USED IN

21 COMMERCIAL AVIATION’’, and 

22 (ii) in subparagraph (A)— 

23 (I) by striking ‘‘kerosene’’ and 

24 inserting ‘‘aviation-grade kerosene’’, 


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1 (II) by striking ‘‘KEROSENE

2 USED IN COMMERCIAL AVIATION’’ in 

3 the heading and inserting ‘‘IN GEN4 ERAL’’. 

5 (d) TRANSFERS TO THE AIRPORT AND AIRWAY

6 TRUST FUND.— 

7 (1) IN GENERAL.—Subparagraph (C) of section 

8 9502(b)(1) is amended to read as follows: 

9 ‘‘(C) section 4081 with respect to aviation 

10 gasoline and aviation-grade kerosene, and’’. 

11 (2) TRANSFERS ON ACCOUNT OF CERTAIN RE12 FUNDS.— 

13 (A) IN GENERAL.—Subsection (d) of sec14 tion 9502 is amended— 

15 (i) in paragraph (2) by striking 

16 ‘‘(other than subsection (l)(4) thereof)’’, 

17 and 

18 (ii) in paragraph (3) by striking 

19 ‘‘(other than payments made by reason of 

20 paragraph (4) of section 6427(l))’’. 

21 (B) CONFORMING AMENDMENTS.— 

22 (i) Section 9503(b)(4) is amended by 

23 striking ‘‘or’’ at the end of subparagraph 

24 (C), by striking the period at the end of 

25 subparagraph (D) and inserting a comma, 


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1 and by inserting after subparagraph (D) 

2 the following: 

3 ‘‘(E) section 4081 to the extent attrib4 utable to the rate specified in clause (ii) or (iv) 

5 of section 4081(a)(2)(A), or 

6 ‘‘(F) section 4041(c).’’. 

7 (ii) Section 9503(c) is amended by 

8 striking paragraph (6). 

9 (iii) Section 9502(a) is amended— 

10 (I) by striking ‘‘appropriated, 

11 credited, or paid into’’ and inserting 

12 ‘‘appropriated or credited to’’, and 

13 (II) by striking ‘‘, section 

14 9503(c)(7),’’. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to fuels removed, entered, or sold 

17 after June 30, 2010. 

18 (f) FLOOR STOCKS TAX.— 

19 (1) IMPOSITION OF TAX.—In the case of avia20 tion fuel which is held on July 1, 2010, by any per21 son, there is hereby imposed a floor stocks tax on 

22 aviation fuel equal to— 

23 (A) the tax which would have been imposed 

24 before such date on such fuel had the amendVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 ments made by this section been in effect at all 

2 times before such date, reduced by 

3 (B) the sum of— 

4 (i) the tax imposed before such date 

5 on such fuel under section 4081 of the In6 ternal Revenue Code of 1986, as in effect 

7 on such date, and 

8 (ii) in the case of kerosene held exclu9 sively for such person’s own use, the 

10 amount which such person would (but for 

11 this clause) reasonably expect (as of such 

12 date) to be paid as a refund under section 

13 6427(l) of such Code with respect to such 

14 kerosene. 

15 (2) LIABILITY FOR TAX AND METHOD OF PAY16 MENT.— 

17 (A) LIABILITY FOR TAX.—A person hold18 ing aviation fuel on July 1, 2010, shall be liable 

19 for such tax. 

20 (B) TIME AND METHOD OF PAYMENT.— 

21 The tax imposed by paragraph (1) shall be paid 

22 at such time and in such manner as the Sec23 retary of the Treasury shall prescribe. 

24 (3) TRANSFER OF FLOOR STOCK TAX REVE25 NUES TO TRUST FUNDS.—For purposes of deterVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 mining the amount transferred to the Airport and 

2 Airway Trust Fund, the tax imposed by this sub3 section shall be treated as imposed by section 

4 4081(a)(2)(A)(iv) of the Internal Revenue Code of 

5 1986. 

6 (4) DEFINITIONS.—For purposes of this sub7 section— 

8 (A) AVIATION FUEL.—The term ‘‘aviation 

9 fuel’’ means aviation-grade kerosene and avia10 tion gasoline, as such terms are used within the 

11 meaning of section 4081 of the Internal Rev12 enue Code of 1986. 

13 (B) HELD BY A PERSON.—Aviation fuel 

14 shall be considered as held by a person if title 

15 thereto has passed to such person (whether or 

16 not delivery to the person has been made). 

17 (C) SECRETARY.—The term ‘‘Secretary’’ 

18 means the Secretary of the Treasury or the 

19 Secretary’s delegate. 

20 (5) EXCEPTION FOR EXEMPT USES.—The tax 

21 imposed by paragraph (1) shall not apply to any 

22 aviation fuel held by any person exclusively for any 

23 use to the extent a credit or refund of the tax is al24 lowable under the Internal Revenue Code of 1986 

25 for such use. 


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1 (6) EXCEPTION FOR CERTAIN AMOUNTS OF

2 FUEL.— 

3 (A) IN GENERAL.—No tax shall be im4 posed by paragraph (1) on any aviation fuel 

5 held on July 1, 2010, by any person if the ag6 gregate amount of such aviation fuel held by 

7 such person on such date does not exceed 2,000 

8 gallons. The preceding sentence shall apply only 

9 if such person submits to the Secretary (at the 

10 time and in the manner required by the Sec11 retary) such information as the Secretary shall 

12 require for purposes of this subparagraph. 

13 (B) EXEMPT FUEL.—For purposes of sub14 paragraph (A), there shall not be taken into ac15 count any aviation fuel held by any person 

16 which is exempt from the tax imposed by para17 graph (1) by reason of paragraph (5). 

18 (C) CONTROLLED GROUPS.—For purposes 

19 of this subsection— 

20 (i) CORPORATIONS.— 

21 (I) IN GENERAL.—All persons 

22 treated as a controlled group shall be 

23 treated as 1 person. 

24 (II) CONTROLLED GROUP.—The 

25 term ‘‘controlled group’’ has the 


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1 meaning given to such term by sub2 section (a) of section 1563 of the In3 ternal Revenue Code of 1986; except 

4 that for such purposes the phrase 

5 ‘‘more than 50 percent’’ shall be sub6 stituted for the phrase ‘‘at least 80 

7 percent’’ each place it appears in such 

8 subsection. 

9 (ii) NONINCORPORATED PERSONS

10 UNDER COMMON CONTROL.—Under regula11 tions prescribed by the Secretary, prin12 ciples similar to the principles of subpara13 graph (A) shall apply to a group of per14 sons under common control if 1 or more of 

15 such persons is not a corporation. 

16 (7) OTHER LAWS APPLICABLE.—All provisions 

17 of law, including penalties, applicable with respect to 

18 the taxes imposed by section 4081 of the Internal 

19 Revenue Code of 1986 on the aviation fuel involved 

20 shall, insofar as applicable and not inconsistent with 

21 the provisions of this subsection, apply with respect 

22 to the floor stock taxes imposed by paragraph (1) to 

23 the same extent as if such taxes were imposed by 

24 such section. 


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1 SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION 

2 ACCOUNT. 

3 (a) IN GENERAL.—Section 9502 (relating to the Air4 port and Airway Trust Fund) is amended by adding at 

5 the end the following new subsection: 

6 ‘‘(f) ESTABLISHMENT OF AIR TRAFFIC CONTROL

7 SYSTEM MODERNIZATION ACCOUNT.— 

8 ‘‘(1) CREATION OF ACCOUNT.—There is estab9 lished in the Airport and Airway Trust Fund a sepa10 rate account to be known as the ‘Air Traffic Control 

11 System Modernization Account’ consisting of such 

12 amounts as may be transferred or credited to the 

13 Air Traffic Control System Modernization Account 

14 as provided in this subsection or section 9602(b). 

15 ‘‘(2) TRANSFERS TO AIR TRAFFIC CONTROL

16 SYSTEM MODERNIZATION ACCOUNT.—On October 1, 

17 2010, and annually thereafter the Secretary shall 

18 transfer $400,000,000 to the Air Traffic Control 

19 System Modernization Account from amounts appro20 priated to the Airport and Airway Trust Fund under 

21 subsection (b) which are attributable to taxes on 

22 aviation-grade kerosene. 

23 ‘‘(3) EXPENDITURES FROM ACCOUNT.— 

24 Amounts in the Air Traffic Control System Mod25 ernization Account shall be available subject to ap26 propriation for expenditures relating to the modVerDate Mar 15 2010 00:08 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S223.PCS S223

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1 ernization of the air traffic control system (including 

2 facility and equipment account expenditures).’’. 

3 (b) CONFORMING AMENDMENT.—Section 9502(d)(1) 

4 is amended by striking ‘‘Amounts’’ and inserting ‘‘Except 

5 as provided in subsection (f), amounts’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on the date of the enactment 

8 of this Act. 

9 SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNER10 SHIP PROGRAMS. 

11 (a) FUEL SURTAX.— 

12 (1) IN GENERAL.—Subchapter B of chapter 31 

13 is amended by adding at the end the following new 

14 section: 

15 ‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF 

16 A FRACTIONAL OWNERSHIP PROGRAM. 

17 ‘‘(a) IN GENERAL.—There is hereby imposed a tax 

18 on any liquid used during any calendar quarter by any 

19 person as a fuel in an aircraft which is— 

20 ‘‘(1) registered in the United States, and 

21 ‘‘(2) part of a fractional ownership aircraft pro22 gram. 

23 ‘‘(b) AMOUNT OF TAX.—The rate of tax imposed by 

24 subsection (a) is 14.1 cents per gallon. 


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1 ‘‘(c) FRACTIONAL OWNERSHIP AIRCRAFT PRO2 GRAM.—For purposes of this section— 

3 ‘‘(1) IN GENERAL.—The term ‘fractional owner4 ship aircraft program’ means a program under 

5 which— 

6 ‘‘(A) a single fractional ownership program 

7 manager provides fractional ownership program 

8 management services on behalf of the fractional 

9 owners, 

10 ‘‘(B) 2 or more airworthy aircraft are part 

11 of the program, 

12 ‘‘(C) there are 1 or more fractional owners 

13 per program aircraft, with at least 1 program 

14 aircraft having more than 1 owner, 

15 ‘‘(D) each fractional owner possesses at 

16 least a minimum fractional ownership interest 

17 in 1 or more program aircraft, 

18 ‘‘(E) there exists a dry-lease exchange ar19 rangement among all of the fractional owners, 

20 and 

21 ‘‘(F) there are multi-year program agree22 ments covering the fractional ownership, frac23 tional ownership program management services, 

24 and dry-lease aircraft exchange aspects of the 

25 program. 


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1 ‘‘(2) MINIMUM FRACTIONAL OWNERSHIP INTER2 EST.— 

3 ‘‘(A) IN GENERAL.—The term ‘minimum 

4 fractional ownership interest’ means, with re5 spect to each type of aircraft— 

6 ‘‘(i) a fractional ownership interest 

equal to or greater than 1 7 ⁄16 of at least 1 

8 subsonic, fixed wing or powered lift pro9 gram aircraft, or 

10 ‘‘(ii) a fractional ownership interest 

equal to or greater than 1 11 ⁄32 of a least 1 

12 rotorcraft program aircraft. 

13 ‘‘(B) FRACTIONAL OWNERSHIP INTER14 EST.—The term ‘fractional ownership interest’ 

15 means— 

16 ‘‘(i) the ownership of an interest in a 

17 program aircraft, 

18 ‘‘(ii) the holding of a multi-year lease19 hold interest in a program aircraft, or 

20 ‘‘(iii) the holding of a multi-year 

21 leasehold interest which is convertible into 

22 an ownership interest in a program air23 craft. 

24 ‘‘(3) DRY-LEASE EXCHANGE ARRANGEMENT.— 

25 A ‘dry-lease aircraft exchange’ means an agreement, 


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1 documented by the written program agreements, 

2 under which the program aircraft are available, on 

3 an as needed basis without crew, to each fractional 

4 owner. 

5 ‘‘(d) TERMINATION.—This section shall not apply to 

6 liquids used as a fuel in an aircraft after September 30, 

7 2013.’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 4082(e) is amended by inserting ‘‘(other than an 

10 aircraft described in section 4043(a))’’ after ‘‘an air11 craft’’. 

12 (3) TRANSFER OF REVENUES TO AIRPORT AND

13 AIRWAY TRUST FUND.—Section 9502(b)(1) is 

14 amended by redesignating subparagraphs (B) and 

15 (C) as subparagraphs (C) and (D), respectively, and 

16 by inserting after subparagraph (A) the following 

17 new subparagraph: 

18 ‘‘(B) section 4043 (relating to surtax on 

19 fuel used in aircraft part of a fractional owner20 ship program),’’. 

21 (4) CLERICAL AMENDMENT.—The table of sec22 tions for subchapter B of chapter 31 is amended by 

23 adding at the end the following new item: 

‘‘Sec. 4043. Surtax on fuel used in aircraft part of a fractional ownership program.’’. 


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1 (b) FRACTIONAL OWNERSHIP PROGRAMS TREATED

2 AS NON-COMMERCIAL AVIATION.—Subsection (b) of sec3 tion 4083 is amended by adding at the end the following 

4 new sentence: ‘‘For uses of aircraft before October 1, 

5 2013, such term shall not include the use of any aircraft 

6 which is part of a fractional ownership aircraft program 

7 (as defined by section 4043(c)).’’. 

8 (c) EXEMPTION FROM TAX ON TRANSPORTATION OF

9 PERSONS.—Section 4261, as amended by this Act, is 

10 amended by redesignating subsection (j) as subsection (k) 

11 and by inserting after subsection (i) the following new sub12 section: 

13 ‘‘(j) EXEMPTION FOR AIRCRAFT IN FRACTIONAL

14 OWNERSHIP AIRCRAFT PROGRAMS.—No tax shall be im15 posed by this section or section 4271 on any air transpor16 tation provided before October 1, 2013, by an aircraft 

17 which is part of a fractional ownership aircraft program 

18 (as defined by section 4043(c)).’’. 

19 (d) EFFECTIVE DATES.— 

20 (1) SUBSECTION (a).—The amendments made 

21 by subsection (a) shall apply to fuel used after June 

22 30, 2010. 

23 (2) SUBSECTION (b).—The amendment made 

24 by subsection (b) shall apply to uses of aircraft after 

25 June 30, 2010. 


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1 (3) SUBSECTION (c).—The amendments made 

2 by subsection (c) shall apply to taxable transpor3 tation provided after June 30, 2010. 

4 SEC. 806. TERMINATION OF EXEMPTION FOR SMALL AIR5 CRAFT ON NONESTABLISHED LINES. 

6 (a) IN GENERAL.—Section 4281 is amended to read 

7 as follows: 

8 ‘‘SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY FOR 

9 SIGHTSEEING. 

10 ‘‘The taxes imposed by sections 4261 and 4271 shall 

11 not apply to transportation by an aircraft having a max12 imum certificated takeoff weight of 6,000 pounds or less 

13 at any time during which such aircraft is being operated 

14 on a flight the sole purpose of which is sightseeing. For 

15 purposes of the preceding sentence, the term ‘maximum 

16 certificated takeoff weight’ means the maximum such 

17 weight contained in the type certificate or airworthiness 

18 certificate.’’. 

19 (b) CONFORMING AMENDMENT.—The item relating 

20 to section 4281 in the table of sections for part III of 

21 subchapter C of chapter 33 is amended by striking ‘‘on 

22 nonestablished lines’’ and inserting ‘‘operated solely for 

23 sightseeing’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable transportation provided 

3 after June 30, 2010. 

4 SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLO5 SURES. 

6 (a) IN GENERAL.—Section 7275 (relating to penalty 

7 for offenses relating to certain airline tickets and adver8 tising) is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d), 

11 (2) by striking ‘‘subsection (a) or (b)’’ in sub12 section (d), as so redesignated, and inserting ‘‘sub13 section (a), (b), or (c)’’, and 

14 (3) by inserting after subsection (b) the fol15 lowing new subsection: 

16 ‘‘(c) NON-TAX CHARGES.— 

17 ‘‘(1) IN GENERAL.—In the case of transpor18 tation by air for which disclosure on the ticket or 

19 advertising for such transportation of the amounts 

20 paid for passenger taxes is required by subsection 

21 (a)(2) or (b)(1)(B), it shall be unlawful for the dis22 closure of the amount of such taxes on such ticket 

23 or advertising to include any amounts not attrib24 utable to the taxes imposed by subsection (a), (b), 

25 or (c) of section 4261. 


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1 ‘‘(2) INCLUSION IN TRANSPORTATION COST.— 

2 Nothing in this subsection shall prohibit the inclu3 sion of amounts not attributable to the taxes im4 posed by subsection (a), (b), or (c) of section 4261 

5 in the disclosure of the amount paid for transpor6 tation as required by subsection (a)(1) or (b)(1)(A), 

7 or in a separate disclosure of amounts not attrib8 utable to such taxes.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable transportation provided 

11 after June 30, 2010. 

12 TITLE IX—BUDGETARY EFFECTS 

13 SEC. 901. BUDGETARY EFFECTS. 

14 The budgetary effects of this Act, for the purpose of 

15 complying with the Statutory Pay-As-You-Go-Act of 2010, 

16 shall be determined by reference to the latest statement 

17 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

18 Act, submitted for printing in the Congressional Record 

19 by the Chairman of the Senate Budget Committee, pro20 vided that such statement has been submitted prior to the 

21 vote on passage. 


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1 TITLE X—RESCISSION OF UN2 USED TRANSPORTATION EAR3 MARKS AND GENERAL RE4 PORTING REQUIREMENT 

5 SEC. 1001. DEFINITION. 

6 In this title, the term ‘‘earmark’’ means the following: 

7 (1) A congressionally directed spending item, as 

8 defined in Rule XLIV of the Standing Rules of the 

9 Senate. 

10 (2) A congressional earmark, as defined for 

11 purposes of Rule XXI of the Rules of the House of 

12 Representatives. 

13 SEC. 1002. RESCISSION. 

14 Any earmark of funds provided for the Department 

15 of Transportation with more than 90 percent of the appro16 priated amount remaining available for obligation at the 

17 end of the 9th fiscal year following the fiscal year in which 

18 the earmark was made available is rescinded effective at 

19 the end of that 9th fiscal year, except that the Secretary 

20 of Transportation may delay any such rescission if the 

21 Secretary determines that an additional obligation of the 

22 earmark is likely to occur during the following 12-month 

23 period. 


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1 SEC. 1003. AGENCY WIDE IDENTIFICATION AND REPORTS. 

2 (a) AGENCY IDENTIFICATION.—Each Federal agency 

3 shall identify and report every project that is an earmark 

4 with an unobligated balance at the end of each fiscal year 

5 to the Director of OMB. 

6 (b) ANNUAL REPORT.—The Director of OMB shall 

7 submit to Congress and publically post on the website of 

8 OMB an annual report that includes— 

9 (1) a listing and accounting for earmarks with 

10 unobligated balances summarized by agency includ11 ing the amount of the original earmark, amount of 

12 the unobligated balance, and the year when the 

13 funding expires, if applicable; 

14 (2) the number of rescissions resulting from 

15 this title and the annual savings resulting from this 

16 title for the previous fiscal year; and 

17 (3) a listing and accounting for earmarks pro18 vided for the Department of Transportation sched19 uled to be rescinded at the end of the current fiscal 

20 year. 


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Calendar No. 5 

112TH CONGRESS

1ST SESSION S. 223 

A BILL 

To modernize the air traffic control system, imistration, and for other purposes. system, reauthorize the Federal Aviation Admin- vide for modernization of the air traffic control transportation by air in the United States, pro- prove the safety, reliability, and availability of 

JANUARY 28, 2011 

Read the second time and placed on the calendar 

pursuant to the order of January 27, 2011 


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