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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 223 Engrossed in Senate (ES)]

112th CONGRESS
  1st Session
                                 S. 223

_______________________________________________________________________

                                 AN ACT

 
   To modernize the air traffic control system, improve the safety, 
 reliability, and availability of transportation by air in the United 
 States, provide for modernization of the air traffic control system, 
    reauthorize the Federal Aviation Administration, and for other 
                               purposes.

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FAA Air 
Transportation Modernization and Safety Improvement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
                        TITLE I--AUTHORIZATIONS

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.
Sec. 215. Glycol recovery vehicles.
Sec. 216. Research improvement for aircraft.
Sec. 217. United States Territory minimum guarantee.
Sec. 218. Merrill Field Airport, Anchorage, Alaska.
Sec. 219. Release from restrictions.
Sec. 220. Designation of former military airports.
Sec. 221. Airport sustainability planning working group.
Sec. 222. Inclusion of measures to improve the efficiency of airport 
                            buildings in airport improvement projects.
Sec. 223. Study on apportioning amounts for airport improvement in 
                            proportion to amounts of air traffic.
Sec. 224. Use of mineral revenue at certain airports.
      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.
Sec. 408. Disclosure of seat dimensions to facilitate the use of child 
                            safety seats on aircraft.
          SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

Sec. 411. EAS connectivity program.
Sec. 412. Extension of final order establishing mileage adjustment 
                            eligibility.
Sec. 413. EAS contract guidelines.
Sec. 414. Conversion of former EAS airports.
Sec. 415. EAS reform.
Sec. 416. Small community air service.
Sec. 417. EAS marketing.
Sec. 418. Rural aviation improvement.
Sec. 419. Repeal of essential air service local participation program.
Sec. 420. Limitation on essential air service to locations that are 90 
                            or more miles away from the nearest medium 
                            or large hub airport.
Sec. 421. Limitation on essential air service to locations that average 
                            10 or more enplanements per day.
                       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.
Sec. 523. Use of explosive pest control devices.
                       SUBTITLE B--FLIGHT SAFETY

Sec. 551. FAA pilot records database.
Sec. 552. Air carrier safety management systems.
Sec. 553. Secretary of Transportation responses to safety 
                            recommendations.
Sec. 554. Improved Flight Operational Quality Assurance, Aviation 
                            Safety Action, and Line Operational Safety 
                            Audit programs.
Sec. 555. Re-evaluation of flight crew training, testing, and 
                            certification requirements.
Sec. 556. Flightcrew member mentoring, professional development, and 
                            leadership.
Sec. 557. Flightcrew member screening and qualifications.
Sec. 558. Prohibition on personal use of certain devices on flight 
                            deck.
Sec. 559. Safety inspections of regional air carriers.
Sec. 560. Establishment of safety standards with respect to the 
                            training, hiring, and operation of aircraft 
                            by pilots.
Sec. 561. Oversight of pilot training schools.
Sec. 562. Enhanced training for flight attendants and gate agents.
Sec. 563. Definitions.
Sec. 564. Study of air quality in aircraft cabins.
                      TITLE VI--AVIATION RESEARCH

Sec. 601. Airport cooperative research program.
Sec. 602. Reduction of noise, emissions, and energy consumption from 
                            civilian aircraft.
Sec. 603. Production of alternative fuel technology for civilian 
                            aircraft.
Sec. 604. Production of clean coal fuel technology for civilian 
                            aircraft.
Sec. 605. Research program to improve airfield pavements.
Sec. 606. Wake turbulence, volcanic ash, and weather research.
Sec. 607. Incorporation of unmanned aircraft systems into FAA plans and 
                            policies.
Sec. 608. Reauthorization of center of excellence in applied research 
                            and training in the use of advanced 
                            materials in transport aircraft.
Sec. 609. Pilot program for zero emission airport vehicles.
Sec. 610. Reduction of emissions from airport power sources.
Sec. 611. Siting of windfarms near FAA navigational aides and other 
                            assets.
Sec. 612. Research and development for equipment to clean and monitor 
                            the engine and APU bleed air supplied on 
                            pressurized aircraft.
                        TITLE VII--MISCELLANEOUS

Sec. 701. General authority.
Sec. 702. Human intervention management study.
Sec. 703. Airport program modifications.
Sec. 704. Miscellaneous program extensions.
Sec. 705. Extension of competitive access reports.
Sec. 706. Update on overflights.
Sec. 707. Technical corrections.
Sec. 708. FAA technical training and staffing.
Sec. 709. Commercial air tour operators in national parks.
Sec. 710. Phaseout of Stage 1 and 2 aircraft.
Sec. 711. Weight restrictions at Teterboro Airport.
Sec. 712. Pilot program for redevelopment of airport properties.
Sec. 713. Transporting musical instruments.
Sec. 714. Recycling plans for airports.
Sec. 715. Disadvantaged Business Enterprise Program adjustments.
Sec. 716. Front line manager staffing.
Sec. 717. Study of helicopter and fixed wing air ambulance services.
Sec. 718. Repeal of certain limitations on Metropolitan Washington 
                            Airports Authority.
Sec. 719. Study of aeronautical mobile telemetry.
Sec. 720. Flightcrew member pairing and crew resource management 
                            techniques.
Sec. 721. Consolidation or elimination of obsolete, redundant, or 
                            otherwise unnecessary reports; use of 
                            electronic media format.
Sec. 722. Line check evaluations.
Sec. 723. Report on Newark Liberty Airport air traffic control tower.
Sec. 724. Priority review of construction projects in cold weather 
                            States.
Sec. 725. Air-rail codeshare study.
Sec. 726. On-going monitoring of and report on the New York/New Jersey/
                            Philadelphia Metropolitan Area Airspace 
                            Redesign.
Sec. 727. Study on aviation fuel prices.
Sec. 728. Land conveyance for Southern Nevada Supplemental Airport.
Sec. 729. Clarification of requirements for volunteer pilots operating 
                            charitable medical flights.
Sec. 730. Cylinders of compressed oxygen, nitrous oxide, or other 
                            oxidizing gases.
Sec. 731. Technical correction.
Sec. 732. Plan for flying scientific instruments on commercial flights.
Sec. 733. Prohibition against aiming a laser pointer at an aircraft.
Sec. 734. Criminal penalty for unauthorized recording or distribution 
                            of security screening images.
Sec. 735. Approval of applications for the security screening opt-out 
                            program.
Sec. 736. Conveyance of land to city of Mesquite, Nevada.
Sec. 737. Ronald Reagan Washington National Airport Slots.
Sec. 738. Orphan Earmarks Act.
Sec. 739. Privacy protections for aircraft passenger screening with 
                            advanced imaging technology.
Sec. 740. Controlling helicopter noise pollution in residential areas.
 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 jet aircraft on 
                            nonestablished lines.
Sec. 807. Transparency in passenger tax disclosures.
Sec. 808. Tax-exempt bond financing for fixed-wing emergency medical 
                            aircraft.
Sec. 809. Protection of Airport and Airway Trust Fund solvency.
Sec. 810. Rollover of amounts received in airline carrier bankruptcy.
Sec. 811. Application of levy to payments to Federal vendors relating 
                            to property.
Sec. 812. Modification of control definition for purposes of section 
                            249.
                      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.
  TITLE XI--REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS

Sec. 1101. Repeal of expansion of information reporting requirements.
TITLE XII--EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION AND LIABILITY 
                PROTECTION FOR CERTAIN VOLUNTEER PILOTS

       Subtitle A--Emergency Medical Service Providers Protection

Sec. 1201. Dale Long Emergency Medical Service Providers Protection 
                            Act.
                    Subtitle B--Liability Protection

Sec. 1211. Short title.
Sec. 1212. Findings and purpose.
Sec. 1213. Liability protection for volunteer pilots that fly for 
                            public benefit.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. EFFECTIVE DATE.

    Except as otherwise expressly provided, this Act and the amendments 
made by this Act shall take effect on the date of enactment of this 
Act.

                        TITLE I--AUTHORIZATIONS

SEC. 101. OPERATIONS.

    Section 106(k)(1) is amended by striking subparagraphs (A) through 
(E) and inserting the following:
                    ``(A) $9,336,000,000 for fiscal year 2010; and
                    ``(B) $9,620,000,000 for fiscal year 2011.''.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    Section 48101(a) is amended by striking paragraphs (1) through (5) 
and inserting the following:
            ``(1) $3,500,000,000 for fiscal year 2010, of which 
        $500,000,000 is derived from the Air Traffic Control System 
        Modernization Account of the Airport and Airways Trust Fund; 
        and
            ``(2) $3,600,000,000 for fiscal year 2011, of which 
        $500,000,000 is derived from the Air Traffic Control System 
        Modernization Account of the Airport and Airways Trust Fund.''.

SEC. 103. RESEARCH AND DEVELOPMENT.

    Section 48102 is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Not more than the following amounts may be 
appropriated to the Secretary of Transportation out of the Airport and 
Airway Trust Fund established under section 9502 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9502) for conducting civil aviation 
research and development under sections 44504, 44505, 44507, 44509, and 
44511 through 44513 of this title:
            ``(1) $200,000,000 for fiscal year 2010.
            ``(2) $206,000,000 for fiscal year 2011.'';
            (2) by striking subsections (c) through (h); and
            (3) by adding at the end the following:
    ``(c) Research Grants Program Involving Undergraduate Students.--
The Administrator of the Federal Aviation Administration shall 
establish a program to utilize undergraduate and technical colleges, 
including Historically Black Colleges and Universities, Hispanic 
Serving Institutions, tribally controlled colleges and universities, 
and Alaska Native and Native Hawaiian serving institutions in research 
on subjects of relevance to the Federal Aviation Administration. Grants 
may be awarded under this subsection for--
            ``(1) research projects to be carried out at primarily 
        undergraduate institutions and technical colleges;
            ``(2) research projects that combine research at primarily 
        undergraduate institutions and technical colleges with other 
        research supported by the Federal Aviation Administration;
            ``(3) research on future training requirements on projected 
        changes in regulatory requirements for aircraft maintenance and 
        power plant licensees; or
            ``(4) research on the impact of new technologies and 
        procedures, particularly those related to aircraft flight deck 
        and air traffic management functions, and on training 
        requirements for pilots and air traffic controllers.''.

SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY 
              PLANNING AND PROGRAMS.

    Section 48103 is amended by striking paragraphs (1) through (6) and 
inserting the following:
            ``(1) $4,000,000,000 for fiscal year 2010; and
            ``(2) $4,100,000,000 for fiscal year 2011.''.

SEC. 105. OTHER AVIATION PROGRAMS.

    Section 48114 is amended--
            (1) by striking ``2007'' in subsection (a)(1)(A) and 
        inserting ``2011'';
            (2) by striking ``2007,'' in subsection (a)(2) and 
        inserting ``2011,''; and
            (3) by striking ``2007'' in subsection (c)(2) and inserting 
        ``2011''.

SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM 
              PROJECTS.

    Section 44501(b) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (3);
            (2) by striking ``defense.'' in paragraph (4) and inserting 
        ``defense; and''; and
            (3) by adding at the end thereof the following:
            ``(5) a list of projects that are part of the Next 
        Generation Air Transportation System and do not have as a 
        primary purpose to operate or maintain the current air traffic 
        control system.''.

SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT PROGRAMS.

    (a) In General.--Section 48105 is amended to read as follows:
``Sec. 48105. Airport programs administrative expenses
    ``Of the amount made available under section 48103 of this title, 
the following may be available for administrative expenses relating to 
the Airport Improvement Program, passenger facility charge approval and 
oversight, national airport system planning, airport standards 
development and enforcement, airport certification, airport-related 
environmental activities (including legal services), and other airport-
related activities (including airport technology research), to remain 
available until expended--
            ``(1) for fiscal year 2010, $94,000,000; and
            ``(2) for fiscal year 2011, $98,000,000.''.
    (b) Conforming Amendment.--The table of contents for chapter 481 is 
amended by striking the item relating to section 48105 and inserting 
the following:

``48105. Airport programs administrative expenses''.
    (c) Passenger Enplanement Report.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall prepare a report on every airport in the 
        United States that reported between 10,000 and 15,000 passenger 
        enplanements during each of the 2 most recent years for which 
        such data is available.
            (2) Report objectives.--In carrying out the report under 
        paragraph (1), the Administrator shall document the methods 
        used by each subject airport to reach the 10,000 passenger 
        enplanement threshold, including whether airports subsidize 
        commercial flights to reach such threshold.
            (3) Review.--The Inspector General of the Department of 
        Transportation shall review the process of the Adminstrator in 
        developing the report under paragraph (1).
            (4) Report.--The Administrator shall submit the report 
        prepared under paragraph (1) to Congress and the Secretary of 
        Transportation.

                     TITLE II--AIRPORT IMPROVEMENTS

SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.

    (a) Passenger Facility Charge Streamlining.--Section 40117(c) is 
amended to read as follows:
    ``(c) Procedural Requirements for Imposition of Passenger Facility 
Charge.--
            ``(1) In general.--An eligible agency must submit to those 
        air carriers and foreign air carriers operating at the airport 
        with a significant business interest, as defined in paragraph 
        (3), and to the Secretary and make available to the public 
        annually a report, in the form required by the Secretary, on 
        the status of the eligible agency's passenger facility charge 
        program, including--
                    ``(A) the total amount of program revenue held by 
                the agency at the beginning of the 12 months covered by 
                the report;
                    ``(B) the total amount of program revenue collected 
                by the agency during the period covered by the report;
                    ``(C) the amount of expenditures with program 
                revenue made by the agency on each eligible airport-
                related project during the period covered by the 
                report;
                    ``(D) each airport-related project for which the 
                agency plans to collect and use program revenue during 
                the next 12-month period covered by the report, 
                including the amount of revenue projected to be used 
                for such project;
                    ``(E) the level of program revenue the agency plans 
                to collect during the next 12-month period covered by 
                the report;
                    ``(F) a description of the notice and consultation 
                process with air carriers and foreign air carriers 
                under paragraph (3), and with the public under 
                paragraph (4), including a copy of any adverse comments 
                received and how the agency responded; and
                    ``(G) any other information on the program that the 
                Secretary may require.
            ``(2) Implementation.--Subject to the requirements of 
        paragraphs (3), (4), (5), and (6), the eligible agency may 
        implement the planned collection and use of passenger facility 
        charges in accordance with its report upon filing the report as 
        required in paragraph (1).
            ``(3) Consultation with carriers for new projects.--
                    ``(A) An eligible agency proposing to collect or 
                use passenger facility charge revenue for a project not 
                previously approved by the Secretary or not included in 
                a report required by paragraph (1) that was submitted 
                in a prior year shall provide to air carriers and 
                foreign air carriers operating at the airport 
                reasonable notice, and an opportunity to comment on the 
                planned collection and use of program revenue before 
                providing the report required under paragraph (1). The 
                Secretary shall prescribe by regulation what 
                constitutes reasonable notice under this paragraph, 
                which shall at a minimum include--
                            ``(i) that the eligible agency provide to 
                        air carriers and foreign air carriers operating 
                        at the airport written notice of the planned 
                        collection and use of passenger facility charge 
                        revenue;
                            ``(ii) that the notice include a full 
                        description and justification for a proposed 
                        project;
                            ``(iii) that the notice include a detailed 
                        financial plan for the proposed project; and
                            ``(iv) that the notice include the proposed 
                        level for the passenger facility charge.
                    ``(B) An eligible agency providing notice and an 
                opportunity for comment shall be deemed to have 
                satisfied the requirements of this paragraph if the 
                eligible agency provides such notice to air carriers 
                and foreign air carriers that have a significant 
                business interest at the airport. For purposes of this 
                subparagraph, the term `significant business interest' 
                means an air carrier or foreign air carrier that--
                            ``(i) had not less than 1.0 percent of 
                        passenger boardings at the airport in the prior 
                        calendar year;
                            ``(ii) had at least 25,000 passenger 
                        boardings at the airport in the prior calendar 
                        year; or
                            ``(iii) provides scheduled service at the 
                        airport.
                    ``(C) Not later than 45 days after written notice 
                is provided under subparagraph (A), each air carrier 
                and foreign air carrier may provide written comments to 
                the eligible agency indicating its agreement or 
                disagreement with the project or, if applicable, the 
                proposed level for a passenger facility charge.
                    ``(D) The eligible agency may include, as part of 
                the notice and comment process, a consultation meeting 
                to discuss the proposed project or, if applicable, the 
                proposed level for a passenger facility charge. If the 
                agency provides a consultation meeting, the written 
                comments specified in subparagraph (C) shall be due not 
                later than 30 days after the meeting.
            ``(4) Public notice and comment.--
                    ``(A) An eligible agency proposing to collect or 
                use passenger facility charge revenue for a project not 
                previously approved by the Secretary or not included in 
                a report required by paragraph (1) that was filed in a 
                prior year shall provide reasonable notice and an 
                opportunity for public comment on the planned 
                collection and use of program revenue before providing 
                the report required in paragraph (1).
                    ``(B) The Secretary shall prescribe by regulation 
                what constitutes reasonable notice under this 
                paragraph, which shall at a minimum require--
                            ``(i) that the eligible agency provide 
                        public notice of intent to collect a passenger 
                        facility charge so as to inform those 
                        interested persons and agencies that may be 
                        affected;
                            ``(ii) appropriate methods of publication, 
                        which may include notice in local newspapers of 
                        general circulation or other local media, or 
                        posting of the notice on the agency's Internet 
                        website; and
                            ``(iii) submission of public comments no 
                        later than 45 days after the date of the 
                        publication of the notice.
            ``(5) Objections.--
                    ``(A) Any interested person may file with the 
                Secretary a written objection to a proposed project 
                included in a notice under this paragraph provided that 
                the filing is made within 30 days after submission of 
                the report specified in paragraph (1).
                    ``(B) The Secretary shall provide not less than 30 
                days for the eligible agency to respond to any filed 
                objection.
                    ``(C) Not later than 90 days after receiving the 
                eligible agency's response to a filed objection, the 
                Secretary shall make a determination whether or not to 
                terminate authority to collect the passenger facility 
                charge for the project, based on the filed objection. 
                The Secretary shall state the reasons for any 
                determination. The Secretary may only terminate 
                authority if--
                            ``(i) the project is not an eligible 
                        airport related project;
                            ``(ii) the eligible agency has not complied 
                        with the requirements of this section or the 
                        Secretary's implementing regulations in 
                        proposing the project;
                            ``(iii) the eligible agency has been found 
                        to be in violation of section 47107(b) of this 
                        title and has failed to take corrective action, 
                        prior to the filing of the objection; or
                            ``(iv) in the case of a proposed increase 
                        in the passenger facility charge level, the 
                        level is not authorized by this section.
                    ``(D) Upon issuance of a decision terminating 
                authority, the public agency shall prepare an 
                accounting of passenger facility revenue collected 
                under the terminated authority and restore the funds 
                for use on other authorized projects.
                    ``(E) Except as provided in subparagraph (C), the 
                eligible agency may implement the planned collection 
                and use of a passenger facility charge in accordance 
                with its report upon filing the report as specified in 
                paragraph (1)(A).
            ``(6) Approval requirement for increased passenger facility 
        charge or intermodal ground access project.--
                    ``(A) An eligible agency may not collect or use a 
                passenger facility charge to finance an intermodal 
                ground access project, or increase a passenger facility 
                charge, unless the project is first approved by the 
                Secretary in accordance with this paragraph.
                    ``(B) The eligible agency may submit to the 
                Secretary an application for authority to impose a 
                passenger facility charge for an intermodal ground 
                access project or to increase a passenger facility 
                charge. The application shall contain information and 
                be in the form that the Secretary may require by 
                regulation but, at a minimum, must include copies of 
                any comments received by the agency during the comment 
                period described by subparagraph (C).
                    ``(C) Before submitting an application under this 
                paragraph, an eligible agency must provide air carriers 
                and foreign air carriers operating at the airport, and 
                the public, reasonable notice of and an opportunity to 
                comment on a proposed intermodal ground access project 
                or the increased passenger facility charge. Such notice 
                and opportunity to comment shall conform to the 
                requirements of paragraphs (3) and (4).
                    ``(D) After receiving an application, the Secretary 
                may provide air carriers, foreign air carriers and 
                other interested persons notice and an opportunity to 
                comment on the application. The Secretary shall make a 
                final decision on the application not later than 120 
                days after receiving it.''.
    (b) Conforming Amendments.--
            (1) References.--
                    (A) Section 40117(a) is amended--
                            (i) by striking ``fee'' in the heading for 
                        paragraph (5) and inserting ``charge''; and
                            (ii) by striking ``fee'' each place it 
                        appears in paragraphs (5) and (6) and inserting 
                        ``charge''.
                    (B) Subsections (b), and subsections (d) through 
                (m), of section 40117 are amended--
                            (i) by striking ``fee'' or ``fees'' each 
                        place either appears and inserting ``charge'' 
                        or ``charges'', respectively; and
                            (ii) by striking ``Fee'' in the subsection 
                        caption for subsection (l), and ``Fees'' in the 
                        subsection captions for subsections (e) and 
                        (m), and inserting ``Charge'' and ``Charges'', 
                        respectively.
                    (C) The caption for section 40117 is amended to 
                read as follows:
``Sec. 40117. Passenger facility charges''.
                    (D) The table of contents for chapter 401 is 
                amended by striking the item relating to section 40117 
                and inserting the following:

``40117. Passenger facility charges''.
            (2) Limitations on approving applications.--Section 
        40117(d) is amended--
                    (A) by striking ``subsection (c) of this section to 
                finance a specific'' and inserting ``subsection (c)(6) 
                of this section to finance an intermodal ground 
                access'';
                    (B) by striking ``specific'' in paragraph (1);
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) the project is an eligible airport-related project; 
        and'';
                    (D) by striking ``each of the specific projects; 
                and'' in paragraph (3) and inserting ``the project.''; 
                and
                    (E) by striking paragraph (4).
            (3) Limitations on imposing charges.--Section 40117(e)(1) 
        is amended to read as follows: ``(1) An eligible agency may 
        impose a passenger facility charge only subject to terms the 
        Secretary may prescribe to carry out the objectives of this 
        section.''.
            (4) Limitations on contracts, leases, and use agreements.--
        Section 40117(f)(2) is amended by striking ``long-term''.
            (5) Compliance.--Section 40117(h) is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following:
    ``(3) The Secretary may, on complaint of an interested person or on 
the Secretary's own initiative, conduct an investigation into an 
eligible agency's collection and use of passenger facility charge 
revenue to determine whether a passenger facility charge is excessive 
or that passenger facility revenue is not being used as provided in 
this section. The Secretary shall prescribe regulations establishing 
procedures for complaints and investigations. The regulations may 
provide for the issuance of a final agency decision without resort to 
an oral evidentiary hearing. The Secretary shall not accept complaints 
filed under this paragraph until after the issuance of regulations 
establishing complaint procedures.''.
            (6) Pilot program for pfc at nonhub airports.--Section 
        40117(l) is amended--
                    (A) by striking ``(c)(2)'' in paragraph (2) and 
                inserting ``(c)(3)''; and
                    (B) by striking ``October 1, 2009.'' in paragraph 
                (7) and inserting ``the date of issuance of regulations 
                to carry out subsection (c) of this section, as amended 
                by the FAA Air Transportation Modernization and Safety 
                Improvement Act.''.
            (7) Prohibition on approving pfc applications for airport 
        revenue diversion.--Section 47111(e) is amended by striking 
        ``sponsor'' the second place it appears in the first sentence 
        and all that follows and inserting ``sponsor. A sponsor shall 
        not propose collection or use of passenger facility charges for 
        any new projects under paragraphs (3) through (6) of section 
        40117(c) unless the Secretary determines that the sponsor has 
        taken corrective action to address the violation and the 
        violation no longer exists.''.

SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

    (a) In General.--Section 40117 is amended by adding at the end 
thereof the following:
    ``(n) Alternative Passenger Facility Charge Collection Pilot 
Program.--
            ``(1) In general.--The Secretary shall establish and 
        conduct a pilot program at not more than 6 airports under which 
        an eligible agency may impose a passenger facility charge under 
        this section without regard to the dollar amount limitations 
        set forth in paragraph (1) or (4) of subsection (b) if the 
        participating eligible agency meets the requirements of 
        paragraph (2).
            ``(2) Collection requirements.--
                    ``(A) Direct collection.--An eligible agency 
                participating in the pilot program--
                            ``(i) may collect the charge from the 
                        passenger at the facility, via the Internet, or 
                        in any other reasonable manner; but
                            ``(ii) may not require or permit the charge 
                        to be collected by an air carrier or foreign 
                        air carrier for the flight segment.
                    ``(B) PFC collection requirement not to apply.--
                Subpart C of part 158 of title 14, Code of Federal 
                Regulations, does not apply to the collection of the 
                passenger facility charge imposed by an eligible agency 
                participating in the pilot program.''.
    (b) GAO Study of Alternative Means of Collecting PFCs.--
            (1) In general.--The Comptroller General shall conduct a 
        study of alternative means of collection passenger facility 
        charges imposed under section 40117 of title 49, United States 
        Code, that would permit such charges to be collected without 
        being included in the ticket price. In the study, the 
        Comptroller General shall consider, at a minimum--
                    (A) collection options for arriving, connecting, 
                and departing passengers at airports;
                    (B) cost sharing or fee allocation methods based on 
                passenger travel to address connecting traffic; and
                    (C) examples of airport fees collected by domestic 
                and international airports that are not included in 
                ticket prices.
            (2) Report.--No later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit a 
        report on the study to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure containing the 
        Comptroller General's findings, conclusions, and 
        recommendations.

SEC. 203. AMENDMENTS TO GRANT ASSURANCES.

    Section 47107 is amended--
            (1) by striking ``made;'' in subsection (a)(16)(D)(ii) and 
        inserting ``made, except that, if there is a change in airport 
        design standards that the Secretary determines is beyond the 
        owner or operator's control that requires the relocation or 
        replacement of an existing airport facility, the Secretary, 
        upon the request of the owner or operator, may grant funds 
        available under section 47114 to pay the cost of relocating or 
        replacing such facility;'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)(i), by striking 
                        ``purpose;'' and inserting the following: 
                        ``purpose, which includes serving as noise 
                        buffer land that may be--
                            ``(I) undeveloped; or
                            ``(II) developed in a way that is 
                        compatible with using the land for noise 
                        buffering purposes;''; and
                            (ii) in subparagraph (B)(iii), by striking 
                        ``paid to the Secretary for deposit in the Fund 
                        if another eligible project does not exist.'' 
                        and inserting ``reinvested in another project 
                        at the airport or transferred to another 
                        airport as the Secretary prescribes.'';
                    (B) by redesignating paragraph (3) as paragraph 
                (5); and
                    (C) by inserting after paragraph (2) the following:
    ``(3)(A) A lease by an airport owner or operator of land acquired 
for a noise compatibility purpose using a grant provided under this 
subchapter shall not be considered a disposal for purposes of paragraph 
(2).
    ``(B) The airport owner or operator may use revenues from a lease 
described in subparagraph (A) for capital purposes.
    ``(C) The Administrator of the Federal Aviation Administration 
shall coordinate with each airport owner or operator to ensure that 
leases described in subparagraph (A) are consistent with noise 
buffering purposes.
    ``(D) The provisions of this paragraph apply to all land acquired 
before, on, or after the date of the enactment of this paragraph.
    ``(4) In approving the reinvestment or transfer of proceeds under 
paragraph (2)(C)(iii), the Secretary shall give preference, in 
descending order, to--
            ``(i) reinvestment in an approved noise compatibility 
        project;
            ``(ii) reinvestment in an approved project that is eligible 
        for funding under section 47117(e);
            ``(iii) reinvestment in an airport development project that 
        is eligible for funding under section 47114, 47115, or 47117 
        and meets the requirements of this chapter;
            ``(iv) transfer to the sponsor of another public airport to 
        be reinvested in an approved noise compatibility project at 
        such airport; and
            ``(v) payment to the Secretary for deposit in the Airport 
        and Airway Trust Fund established under section 9502 of the 
        Internal Revenue Code of 1986 (26 U.S.C. 9502).''.

SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS.

    (a) Federal Share.--Section 47109 is amended--
            (1) by striking ``subsection (b) or subsection (c)'' in 
        subsection (a) and inserting ``subsection (b), (c), or (e)''; 
        and
            (2) by adding at the end the following:
    ``(e) Special Rule for Transition From Small Hub to Medium Hub 
Status.--If the status of a small hub primary airport changes to a 
medium hub primary airport, the United States Government's share of 
allowable project costs for the airport may not exceed 95 percent for 2 
fiscal years following such change in hub status.''.
    (b) Transitioning Airports.--Section 47114(f)(3)(B) is amended by 
striking ``year 2004.'' and inserting ``years 2010 and 2011.''.

SEC. 205. AMENDMENTS TO ALLOWABLE COSTS.

    Section 47110 is amended--
            (1) by striking subsection (d) and inserting the following:
    ``(d) Relocation of Airport-Owned Facilities.--The Secretary may 
determine that the costs of relocating or replacing an airport-owned 
facility are allowable for an airport development project at an airport 
only if--
            ``(1) the Government's share of such costs is paid with 
        funds apportioned to the airport sponsor under sections 
        47114(c)(1) or 47114(d)(2);
            ``(2) the Secretary determines that the relocation or 
        replacement is required due to a change in the Secretary's 
        design standards; and
            ``(3) the Secretary determines that the change is beyond 
        the control of the airport sponsor.'';
            (2) by striking ``facilities, including fuel farms and 
        hangars,'' in subsection (h) and inserting ``facilities, as 
        defined by section 47102,''; and
            (3) by adding at the end the following:
    ``(i) Bird-Detecting Radar Systems.--Within 180 days after the date 
of enactment of the FAA Air Transportation Modernization and Safety 
Improvement Act, the Administrator shall analyze the conclusions of 
ongoing studies of various types of commercially-available bird radar 
systems, based upon that analysis, if the Administrator determines such 
systems have no negative impact on existing navigational aids and that 
the expenditure of such funds is appropriate, the Administrator shall 
allow the purchase of bird-detecting radar systems as an allowable 
airport development project costs subject to subsection (b). If a 
determination is made that such radar systems will not improve or 
negatively impact airport safety, the Administrator shall issue a 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure on why that determination was made.''.

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

    Section 47133(b) is amended--
            (1) by resetting the text of the subsection as an indented 
        paragraph 2 ems from the left margin;
            (2) by inserting ``(1)'' before ``Subsection''; and
            (3) by adding at the end thereof the following:
            ``(2) In the case of a privately owned airport, subsection 
        (a) shall not apply to the proceeds from the sale of the 
        airport to a public sponsor if--
                    ``(A) the sale is approved by the Secretary;
                    ``(B) funding is provided under this title for the 
                public sponsor's acquisition; and
                    ``(C) an amount equal to the remaining unamortized 
                portion of the original grant, amortized over a 20-year 
                period, is repaid to the Secretary by the private owner 
                for deposit in the Trust Fund for airport acquisitions.
            ``(3) This subsection shall apply to grants issued on or 
        after October 1, 1996.''.

SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT COSTS.

    Notwithstanding section 47109(a) of title 49, United States Code, 
the Federal Government's share of allowable project costs for a grant 
made in fiscal year 2008, 2009, 2010, or 2011 under chapter 471 of that 
title for a project described in paragraph (2) or (3) of that section 
shall be 95 percent.

SEC. 207(B). PROHIBITION ON USE OF PASSENGER FACILITY CHARGES TO 
              CONSTRUCT BICYCLE STORAGE FACILITIES.

    Section 40117(a)(3) is amended--
            (1) by redesignating subparagraphs (A) through (G) as 
        clauses (i) through (vii);
            (2) by striking ``The term'' and inserting the following:
                    ``(A) In general.--The term''; and
            (3) by adding at the end the following:
                    ``(B) Bicycle storage facilities.--A project to 
                construct a bicycle storage facility may not be 
                considered an eligible airport-related project.''.

SEC. 208. MISCELLANEOUS AMENDMENTS.

    (a) Technical Changes to National Plan of Integrated Airport 
Systems.--Section 47103 is amended--
            (1) by striking ``each airport to--'' in subsection (a) and 
        inserting ``the airport system to--'';
            (2) by striking ``system in the particular area;'' in 
        subsection (a)(1) and inserting ``system, including connection 
        to the surface transportation network; and'';
            (3) by striking ``aeronautics; and'' in subsection (a)(2) 
        and inserting ``aeronautics.'';
            (4) by striking subsection (a)(3);
            (5) by inserting ``and'' after the semicolon in subsection 
        (b)(1);
            (6) by striking paragraph (2) of subsection (b) and 
        redesignating paragraph (3) as paragraph (2);
            (7) by striking ``operations, Short Takeoff and Landing/
        Very Short Takeoff and Landing aircraft operations,'' in 
        subsection (b)(2), as redesignated, and inserting 
        ``operations''; and
            (8) by striking ``status of the'' in subsection (d).
    (b) Update Veterans Preference Definition.--Section 47112(c) is 
amended--
            (1) by striking ``separated from'' in paragraph (1)(B) and 
        inserting ``discharged or released from active duty in'';
            (2) by adding at the end of paragraph (1) the following:
            ``(C) `Afghanistan-Iraq war veteran' means an individual 
        who served on active duty, as defined by section 101(21) of 
        title 38, at any time in the armed forces for a period of more 
        than 180 consecutive days, any part of which occurred during 
        the period beginning on September 11, 2001, and ending on the 
        date prescribed by Presidential proclamation or by law as the 
        last date of Operation Iraqi Freedom.'';
            (3) by striking ``veterans and'' in paragraph (2) and 
        inserting ``veterans, Afghanistan-Iraq war veterans, and''; and
            (4) by adding at the end the following:
    ``(3) A contract involving labor for carrying out an airport 
development project under a grant agreement under this subchapter must 
require that a preference be given to the use of small business 
concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 
632)) owned and controlled by disabled veterans.''.
    (c) Annual Report.--Section 47131(a) is amended--
            (1) by striking ``April 1'' and inserting ``June 1''; and
            (2) by striking paragraphs (1) through (4) and inserting 
        the following:
            ``(1) a summary of airport development and planning 
        completed;
            ``(2) a summary of individual grants issued;
            ``(3) an accounting of discretionary and apportioned funds 
        allocated; and
            ``(4) the allocation of appropriations; and''.
    (d) Sunset of Program.--Section 47137 is repealed effective 
September 30, 2008.
    (e) Correction to Emission Credits Provision.--Section 47139 is 
amended--
            (1) by striking ``47102(3)(F),'' in subsection (a);
            (2) by striking ``47102(3)(F), 47102(3)(K), 47102(3)(L), or 
        47140'' in subsection (b) and inserting ``47102(3)(K) or 
        47102(3)(L)''; and
            (3) by striking ``40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 
        47102(3)(L), or 47140,'' in subsection (b) and inserting 
        ``40117(a)(3)(G), 47102(3)(K), or 47102(3)(L),''; and
    (f) Correction to Surplus Property Authority.--Section 47151(e) is 
amended by striking ``(other than real property that is subject to 
section 2687 of title 10, section 201 of the Defense Authorization 
Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), 
or section 2905 of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note),''.
    (g) Airport Capacity Benchmark Reports; Definition of Joint Use 
Airport.--Section 47175 is amended--
            (1) by striking ``Airport Capacity Benchmark Report 2001.'' 
        in paragraph (2) and inserting ``2001 and 2004 Airport Capacity 
        Benchmark Reports or of the most recent Benchmark report, 
        Future Airport Capacity Task Report, or other comparable FAA 
        report.''; and
            (2) by adding at the end thereof the following:
            ``(7) Joint use airport.--The term `joint use airport' 
        means an airport owned by the United States Department of 
        Defense, at which both military and civilian aircraft make 
        shared use of the airfield.''.
    (h) Use of Apportioned Amounts.--Section 47117(e)(1)(A) is 
amended--
            (1) by striking ``35 percent'' in the first sentence and 
        inserting ``$300,000,000'';
            (2) by striking ``and'' after ``47141,'';
            (3) by striking ``et seq.).'' and inserting ``et seq.), and 
        for water quality mitigation projects to comply with the Act of 
        June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an 
        environmental record of decision for an airport development 
        project under this title.''; and
            (4) by striking ``such 35 percent requirement is'' in the 
        second sentence and inserting ``the requirements of the 
        preceding sentence are''.
    (i) Use of Previous Fiscal Year's Apportionment.--Section 
47114(c)(1) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (E)(ii);
            (2) by striking ``airport.'' in subparagraph (E)(iii) and 
        inserting ``airport; and'';
            (3) by adding at the end of subparagraph (E) the following:
                            ``(iv) the airport received scheduled or 
                        unscheduled air service from a large certified 
                        air carrier (as defined in part 241 of title 
                        14, Code of Federal Regulations, or such other 
                        regulations as may be issued by the Secretary 
                        under the authority of section 41709) and the 
                        Secretary determines that the airport had more 
                        than 10,000 passenger boardings in the 
                        preceding calendar year, based on data 
                        submitted to the Secretary under part 241 of 
                        title 14, Code of Federal Regulations.'';
            (4) in subparagraph (G)--
                    (A) by striking ``fiscal year 2006'' in the heading 
                and inserting ``fiscal years 2008 through 2011'';
                    (B) by striking ``fiscal year 2006'' and inserting 
                ``fiscal years 2008 through 2011'';
                    (C) by striking clause (i) and inserting the 
                following:
                            ``(i) the average annual passenger 
                        boardings at the airport for calendar years 
                        2004 through 2006 were below 10,000 per 
                        year;''; and
                    (D) by striking ``2000 or 2001;'' in clause (ii) 
                and inserting ``2003;''; and
            (5) by adding at the end thereof the following:
            ``(H) Special rule for fiscal years 2010 and 2011.--
        Notwithstanding subparagraph (A), for an airport that had more 
        than 10,000 passenger boardings and scheduled passenger 
        aircraft service in calendar year 2007, but in either calendar 
        years 2008 or 2009, or both years, the number of passenger 
        boardings decreased to a level below 10,000 boardings per year 
        at such airport, the Secretary may apportion in fiscal years 
        2010 or 2011 to the sponsor of such an airport an amount equal 
        to the amount apportioned to that sponsor in fiscal year 
        2009.''.
    (j) Mobile Refueler Parking Construction.--Section 47102(3) is 
amended by adding at the end the following:
                    ``(M) construction of mobile refueler parking 
                within a fuel farm at a nonprimary airport meeting the 
                requirements of section 112.8 of title 40, Code of 
                Federal Regulations.''.
    (k) Discretionary Fund.--Section 47115(g)(1) is amended by striking 
``of--'' and all that follows and inserting ``of $520,000,000. The 
amount credited is exclusive of amounts that have been apportioned in a 
prior fiscal year under section 47114 of this title and that remain 
available for obligation.''.

SEC. 209. STATE BLOCK GRANT PROGRAM.

    Section 47128 is amended--
            (1) by striking ``regulations'' each place it appears in 
        subsection (a) and inserting ``guidance'';
            (2) by striking ``grant;'' in subsection (b)(4) and 
        inserting ``grant, including Federal environmental requirements 
        or an agreed upon equivalent;'';
            (3) by redesignating subsection (c) as subsection (d) and 
        inserting after subsection (b) the following:
    ``(c) Project Analysis and Coordination Requirements.--Any Federal 
agency that must approve, license, or permit a proposed action by a 
participating State shall coordinate and consult with the State. The 
agency shall utilize the environmental analysis prepared by the State, 
provided it is adequate, or supplement that analysis as necessary to 
meet applicable Federal requirements.''; and
            (4) by adding at the end the following:
    ``(e) Pilot Program.--The Secretary shall establish a pilot program 
for up to 3 States that do not participate in the program established 
under subsection (a) that is consistent with the program under 
subsection (a).''.

SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

    Section 47173(a) is amended by striking ``project.'' and inserting 
``project, or to conduct special environmental studies related to a 
federally funded airport project or for special studies or reviews to 
support approved noise compatibility measures in a Part 150 program or 
environmental mitigation in a Federal Aviation Administration Record of 
Decision or Finding of No Significant Impact.''.

SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.

    Section 47504 is amended by adding at the end the following:
    ``(e) Grants for Assessment of Flight Procedures.--
            ``(1) The Secretary is authorized in accordance with 
        subsection (c)(1) to make a grant to an airport operator to 
        assist in completing environmental review and assessment 
        activities for proposals to implement flight procedures that 
        have been approved for airport noise compatibility planning 
        purposes under subsection (b).
            ``(2) The Administrator of the Federal Aviation 
        Administration may accept funds from an airport sponsor, 
        including funds provided to the sponsor under paragraph (1), to 
        hire additional staff or obtain the services of consultants in 
        order to facilitate the timely processing, review and 
        completion of environmental activities associated with 
        proposals to implement flight procedures submitted and approved 
        for airport noise compatibility planning purposes in accordance 
        with this section. Funds received under this authority shall 
        not be subject to the procedures applicable to the receipt of 
        gifts by the Administrator.''.

SEC. 212. SAFETY-CRITICAL AIRPORTS.

    Section 47118(c) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (1);
            (2) by striking ``delays.'' in paragraph (2) and inserting 
        ``delays; or''; and
            (3) by adding at the end the following:
            ``(3) be critical to the safety of commercial, military, or 
        general aviation in trans-oceanic flights.''.

SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT PROGRAM.

    (a) Pilot Program.--Subchapter I of chapter 471 is amended by 
adding at the end thereof the following:
``Sec. 47143. Environmental mitigation demonstration pilot program
    ``(a) In General.--The Secretary of Transportation shall carry out 
a pilot program involving not more than 6 projects at public-use 
airports under which the Secretary may make grants to sponsors of such 
airports from funds apportioned under paragraph 47117(e)(1)(A) for use 
at such airports for environmental mitigation demonstration projects 
that will measurably reduce or mitigate aviation impacts on noise, air 
quality or water quality in the vicinity of the airport. 
Notwithstanding any other provision of this subchapter, an 
environmental mitigation demonstration project approved under this 
section shall be treated as eligible for assistance under this 
subchapter.
    ``(b) Participation in Pilot Program.--A public-use airport shall 
be eligible for participation in the pilot.
    ``(c) Selection Criteria.--In selecting from among applicants for 
participation in the pilot program, the Secretary may give priority 
consideration to environmental mitigation demonstration projects that--
            ``(1) will achieve the greatest reductions in aircraft 
        noise, airport emissions, or airport water quality impacts 
        either on an absolute basis, or on a per-dollar-of-funds 
        expended basis; and
            ``(2) will be implemented by an eligible consortium.
    ``(d) Federal Share.--Notwithstanding any other provision of this 
subchapter, the United States Government's share of the costs of a 
project carried out under this section shall be 50 percent.
    ``(e) Maximum Amount.--Not more than $2,500,000 may be made 
available by the Secretary in grants under this section for any single 
project.
    ``(f) Identifying Best Practices.--The Administrator may develop 
and publish information identifying best practices for reducing or 
mitigating aviation impacts on noise, air quality, or water quality in 
the vicinity of airports, based on the projects carried out under the 
pilot program.
    ``(g) Definitions.--In this section:
            ``(1) Eligible consortium.--The term `eligible consortium' 
        means a consortium that comprises 2 or more of the following 
        entities:
                    ``(A) Businesses operating in the United States.
                    ``(B) Public or private educational or research 
                organizations located in the United States.
                    ``(C) Entities of State or local governments in the 
                United States.
                    ``(D) Federal laboratories.
            ``(2) Environmental mitigation demonstration project.--The 
        term `environmental mitigation demonstration project' means a 
        project that--
                    ``(A) introduces new conceptual environmental 
                mitigation techniques or technology with associated 
                benefits, which have already been proven in laboratory 
                demonstrations;
                    ``(B) proposes methods for efficient adaptation or 
                integration of new concepts to airport operations; and
                    ``(C) will demonstrate whether new techniques or 
                technology for environmental mitigation identified in 
                research are--
                            ``(i) practical to implement at or near 
                        multiple public use airports; and
                            ``(ii) capable of reducing noise, airport 
                        emissions, or water quality impacts in 
                        measurably significant amounts.''.
    (b) Conforming Amendment.--The table of contents for chapter 471 is 
amended by inserting after the item relating to section 47142 the 
following:

``47143. Environmental mitigation demonstration pilot program''.

SECTION 214. ALLOWABLE PROJECT COSTS.

    (a) Allowable Project Costs.--Section 47110(b)(2)(D) is amended to 
read as follows:
                    ``(D) if the cost is for airport development and is 
                incurred before execution of the grant agreement, but 
                in the same fiscal year as execution of the grant 
                agreement, and if--
                            ``(i) the cost was incurred before 
                        execution of the grant agreement due to the 
                        short construction season in the vicinity of 
                        the airport;
                            ``(ii) the cost is in accordance with an 
                        airport layout plan approved by the Secretary 
                        and with all statutory and administrative 
                        requirements that would have been applicable to 
                        the project if the project had been carried out 
                        after execution of the grant agreement, 
                        including submission of a complete grant 
                        application to the appropriate regional or 
                        district office of the Federal Aviation 
                        Administration;
                            ``(iii) the sponsor notifies the Secretary 
                        before authorizing work to commence on the 
                        project;
                            ``(iv) the sponsor has an alternative 
                        funding source available to fund the project; 
                        and
                            ``(v) the sponsor's decision to proceed 
                        with the project in advance of execution of the 
                        grant agreement does not affect the priority 
                        assigned to the project by the Secretary for 
                        the allocation of discretionary funds;''.

SEC. 215. GLYCOL RECOVERY VEHICLES.

    Section 47102(3)(G) is amended by inserting ``including acquiring 
glycol recovery vehicles,'' after ``aircraft,''.

SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.

    Section 44504(b) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (6);
            (2) by striking ``aircraft.'' in paragraph (7) and 
        inserting ``aircraft; and''; and
            (3) by adding at the end thereof the following:
            ``(8) to conduct research to support programs designed to 
        reduce gases and particulates emitted.''.

SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.

    Section 47114(e) is amended--
            (1) by inserting ``and any United States Territory'' after 
        ``Alaska'' in the subsection heading; and
            (2) by adding at the end thereof the following:
            ``(5) United states territory minimum guarantee.--In any 
        fiscal year in which the total amount apportioned to airports 
        in a United States Territory under subsections (c) and (d) is 
        less than 1.5 percent of the total amount apportioned to all 
        airports under those subsections, the Secretary may apportion 
        to the local authority in any United States Territory 
        responsible for airport development projects in that fiscal 
        year an amount equal to the difference between 1.5 percent of 
        the total amounts apportioned under subsections (c) and (d) in 
        that fiscal year and the amount otherwise apportioned under 
        those subsections to airports in a United States Territory in 
        that fiscal year.''.

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

    (a) In General.--Notwithstanding any other provision of law, 
including the Federal Airport Act (as in effect on August 8, 1958), the 
United States releases, without monetary consideration, all 
restrictions, conditions, and limitations on the use, encumbrance, or 
conveyance of certain land located in the municipality of Anchorage, 
Alaska, more particularly described as Tracts 22 and 24 of the Fourth 
Addition to the Town Site of Anchorage, Alaska, as shown on the plat of 
U.S. Survey No. 1456, accepted June 13, 1923, on file in the Bureau of 
Land Management, Department of Interior.
    (b) Grants.--Notwithstanding any other provision of law, the 
municipality of Anchorage shall be released from the repayment of any 
outstanding grant obligations owed by the municipality to the Federal 
Aviation Administration with respect to any land described in 
subsection (a) that is subsequently conveyed to or used by the 
Department of Transportation and Public Facilities of the State of 
Alaska for the construction or reconstruction of a federally subsidized 
highway project.

SEC. 219. RELEASE FROM RESTRICTIONS.

    (a) In General.--Subject to subsection (b), and notwithstanding 
section 16 of the Federal Airport Act (as in effect on August 28, 1973) 
and sections 47125 and 47153 of title 49, United States Code, the 
Secretary of Transportation is authorized to grant releases from any of 
the terms, conditions, reservations, and restrictions contained in the 
deed of conveyance dated August 28, 1973, under which the United States 
conveyed certain property to the city of St. George, Utah, for airport 
purposes.
    (b) Condition.--Any release granted by the Secretary of 
Transportation pursuant to subsection (a) shall be subject to the 
following conditions:
            (1) The city of St. George, Utah, shall agree that in 
        conveying any interest in the property which the United States 
        conveyed to the city by deed on August 28, 1973, the city will 
        receive an amount for such interest which is equal to its fair 
        market value.
            (2) Any amount received by the city under paragraph (1) 
        shall be used by the city of St. George, Utah, for the 
        development or improvement of a replacement public airport.
    (c) Additional Release from Restrictions.--
            (1) In General.--In addition to any release granted under 
        subsection (a), the Secretary of Transportation may, subject to 
        paragraph (2), grant releases from any of the terms, 
        conditions, reservations, and restrictions contained in the 
        deed of conveyance numbered 30-82-0048 and dated August 4, 
        1982, under which the United States conveyed certain land to 
        Dona Ana County, New Mexico, for airport purposes.
            (2) Conditions.--Any release granted by the Secretary under 
        paragraph (1) shall be subject to the following conditions:
                    (A) The County shall agree that in conveying any 
                interest in the land that the United States conveyed to 
                the County by the deed described in paragraph (1), the 
                County shall receive an amount for the interest that is 
                equal to the fair market value.
                    (B) Any amount received by the County for the 
                conveyance shall be used by the County for the 
                development, improvement, operation, or maintenance of 
                the airport.

SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS.

    Section 47118(g) is amended by striking ``one'' and inserting 
``three'' in its place.

SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.

    (a) In General.--The Administrator shall establish an airport 
sustainability working group to assist the Administrator with issues 
pertaining to airport sustainability practices.
    (b) Membership.--The Working Group shall be comprised of not more 
than 15 members including--
            (1) the Administrator;
            (2) 5 member organizations representing aviation interests 
        including:
                    (A) an organization representing airport operators;
                    (B) an organization representing airport employees;
                    (C) an organization representing air carriers;
                    (D) an organization representing airport 
                development and operations experts;
                    (E) a labor organization representing aviation 
                employees.
            (3) 9 airport chief executive officers which shall include:
                    (A) at least one from each of the FAA Regions;
                    (B) at least 1 large hub;
                    (C) at least 1 medium hub;
                    (D) at least 1 small hub;
                    (E) at least 1 non hub;
                    (F) at least 1 general aviation airport.
    (c) Functions.--
            (1) develop consensus-based best practices and metrics for 
        the sustainable design, construction, planning, maintenance, 
        and operation of an airport that comply with the guidelines 
        prescribed by the Administrator;
            (2) develop standards for a consensus-based rating system 
        based on the aforementioned best practices, metrics, and 
        ratings; and
            (3) develop standards for a voluntary ratings process, 
        based on the aforementioned best practices, metrics, and 
        ratings;
            (4) examine and submit recommendations for the industry's 
        next steps with regard to sustainability.
    (d) Determination.--The Administrator shall provide assurance that 
the best practices developed by the working group under paragraph (a) 
are not in conflict with any federal aviation or federal, state or 
local environmental regulation.
    (e) Unpaid Position.--Working Group members shall serve at their 
own expense and receive no salary, reimbursement of travel expenses, or 
other compensation from the Federal Government.
    (f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Working Group under this 
section.
    (g) Report.--Not later than one year after the date of enactment 
the Working Group shall submit a report to the Administrator containing 
the best practices and standards contained in paragraph (c). After 
receiving the report, the Administrator may publish such best practices 
in order to disseminate the information to support the sustainable 
design, construction, planning, maintenance, and operations of 
airports.
    (h) No funds may be authorized to carry out this provision.

SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFICIENCY OF AIRPORT 
              BUILDINGS IN AIRPORT IMPROVEMENT PROJECTS.

    Section 47101(a) is amended--
            (1) in paragraph (12), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (13), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(14) that the airport improvement program should be 
        administered to allow measures to improve the efficiency of 
        airport buildings to be included in airport improvement 
        projects, such as measures designed to meet one or more of the 
        criteria for being a high-performance green building set forth 
        in section 401(13) of the Energy Independence and Security Act 
        of 2007 (42 U.S.C. 17061(13)), if any significant increase in 
        upfront project costs from any such measure is justified by 
        expected savings over the lifecycle of the project.''.

SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIRPORT IMPROVEMENT IN 
              PROPORTION TO AMOUNTS OF AIR TRAFFIC.

    (a) Study and Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Administrator of the Federal 
Aviation Administration shall--
            (1) complete a study on the feasibility and advisability of 
        apportioning amounts under section 47114(c)(1) of title 49, 
        United States Code, to the sponsor of each primary airport for 
        each fiscal year an amount that bears the same ratio to the 
        amount subject to the apportionment for fiscal year 2009 as the 
        number of passenger boardings at the airport during the prior 
        calendar year bears to the aggregate of all passenger boardings 
        at all primary airports during that calendar year; and
            (2) submit to Congress a report on the study completed 
        under paragraph (1).
    (b) Report Contents.--The report required by subsection (a)(2) 
shall include the following:
            (1) A description of the study carried out under subsection 
        (a)(1).
            (2) The findings of the Administrator with respect to such 
        study.
            (3) A list of each sponsor of a primary airport that 
        received an amount under section 47114(c)(1) of title 49, 
        United States Code, in 2009.
            (4) For each sponsor listed in accordance with paragraph 
        (3), the following:
                    (A) The amount such sponsor received, if any, in 
                2005, 2006, 2007, 2008, and 2009 under such section 
                47114(c)(1).
                    (B) An explanation of how the amount awarded to 
                such sponsor was determined.
                    (C) The average number of air passenger flights 
                serviced each month at the airport of such sponsor in 
                2009.
                    (D) The number of enplanements for air passenger 
                transportation at such airport in 2005, 2006, 2007, 
                2008, and 2009.

SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) General aviation airport.--The term ``general aviation 
        airport'' means an airport that does not receive scheduled 
        passenger aircraft service.
    (b) In General.--Notwithstanding any other provision of law, the 
Administrator of the Federal Aviation Administration (referred to in 
this section as the ``Administrator'') may declare certain revenue 
derived from or generated by mineral extraction, production, lease or 
other means at any general aviation airport to be revenue greater than 
the amount needed to carry out the 5-year projected maintenance needs 
of the airport in order to comply with the applicable design and safety 
standards of the Federal Aviation Administration.
    (c) Use of Revenue.--An airport sponsor that is in compliance with 
the conditions under subsection (d) may allocate revenue identified by 
the Administrator under subsection (b) for Federal, State, or local 
transportation infrastructure projects carried out by the airport 
sponsor or by a governing body within the geographical limits of the 
airport sponsor's jurisdiction.
    (d) Conditions.--An airport sponsor may not allocate revenue 
identified by the Administrator under subsection (b) unless the airport 
sponsor--
            (1) enters into a written agreement with the Administrator 
        that sets forth a 5-year capital improvement program for the 
        airport, which--
                    (A) includes the projected costs for the operation, 
                maintenance, and capacity needs of the airport in order 
                to comply with applicable design and safety standards 
                of the Federal Aviation Administration; and
                    (B) appropriately adjusts such costs to account for 
                inflation;
            (2) agrees in writing--
                    (A) to waive all rights to receive entitlement 
                funds or discretionary funds to be used at the airport 
                under section 47114 or 47115 of title 49, United States 
                Code, during the 5-year period of the capital 
                improvement plan described in paragraph (1);
                    (B) to perpetually comply with sections 47107(b) 
                and 47133 of such title, unless granted specific 
                exceptions by the Administrator in accordance with this 
                section; and
                    (C) to operate the airport as a public-use airport, 
                unless the Administrator specifically grants a request 
                to allow the airport to close; and
            (3) complies with all grant assurance obligations in effect 
        as of the date of the enactment of this Act during the 20-year 
        period beginning on the date of enactment of this Act;
    (e) Completion of Determination.--Not later than 90 days after 
receiving an airport sponsor's application and requisite supporting 
documentation to declare that certain mineral revenue is not needed to 
carry out the 5-year capital improvement program at such airport, the 
Administrator shall determine whether the airport sponsor's request 
should be granted. The Administrator may not unreasonably deny an 
application under this subsection.
    (f) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator shall promulgate regulations 
to carry out this section.

      TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM

SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.

    Section 106(p) is amended to read as follows:
    ``(p) Air Traffic Control Modernization Oversight Board.--
            ``(1) Establishment.--Within 90 days after the date of 
        enactment of the FAA Air Transportation Modernization and 
        Safety Improvement Act, the Secretary shall establish and 
        appoint the members of an advisory Board which shall be known 
        as the Air Traffic Control Modernization Oversight Board.
            ``(2) Membership.--The Board shall be comprised of the 
        individual appointed or designated under section 302 of the FAA 
        Air Transportation Modernization and Safety Improvement Act 
        (who shall serve ex officio without the right to vote) and 9 
        other members, who shall consist of--
                    ``(A) the Administrator and a representative from 
                the Department of Defense;
                    ``(B) 1 member who shall have a fiduciary 
                responsibility to represent the public interest; and
                    ``(C) 6 members representing aviation interests, as 
                follows:
                            ``(i) 1 representative that is the chief 
                        executive officer of an airport.
                            ``(ii) 1 representative that is the chief 
                        executive officer of a passenger or cargo air 
                        carrier.
                            ``(iii) 1 representative of a labor 
                        organization representing employees at the 
                        Federal Aviation Administration that are 
                        involved with the operation of the air traffic 
                        control system.
                            ``(iv) 1 representative with extensive 
                        operational experience in the general aviation 
                        community.
                            ``(v) 1 representative from an aircraft 
                        manufacturer.
                            ``(vi) 1 representative of a labor 
                        organization representing employees at the 
                        Federal Aviation Administration who are 
                        involved with maintenance of the air traffic 
                        control system.
            ``(3) Appointment and qualifications.--
                    ``(A) Members of the Board appointed under 
                paragraphs (2)(B) and (2)(C) shall be appointed by the 
                President, by and with the advice and consent of the 
                Senate.
                    ``(B) Members of the Board appointed under 
                paragraph (2)(B) shall be citizens of the United States 
                and shall be appointed without regard to political 
                affiliation and solely on the basis of their 
                professional experience and expertise in one or more of 
                the following areas and, in the aggregate, should 
                collectively bring to bear expertise in--
                            ``(i) management of large service 
                        organizations;
                            ``(ii) customer service;
                            ``(iii) management of large procurements;
                            ``(iv) information and communications 
                        technology;
                            ``(v) organizational development; and
                            ``(vi) labor relations.
                    ``(C) Of the members first appointed under 
                paragraphs (2)(B) and (2)(C)--
                            ``(i) 2 shall be appointed for terms of 1 
                        year;
                            ``(ii) 1 shall be appointed for a term of 2 
                        years;
                            ``(iii) 1 shall be appointed for a term of 
                        3 years; and
                            ``(iv) 1 shall be appointed for a term of 4 
                        years.
            ``(4) Functions.--
                    ``(A) In general.--The Board shall--
                            ``(i) review and provide advice on the 
                        Administration's modernization programs, 
                        budget, and cost accounting system;
                            ``(ii) review the Administration's 
                        strategic plan and make recommendations on the 
                        non-safety program portions of the plan, and 
                        provide advice on the safety programs of the 
                        plan;
                            ``(iii) review the operational efficiency 
                        of the air traffic control system and make 
                        recommendations on the operational and 
                        performance metrics for that system;
                            ``(iv) approve procurements of air traffic 
                        control equipment in excess of $100,000,000;
                            ``(v) approve by July 31 of each year the 
                        Administrator's budget request for facilities 
                        and equipment prior to its submission to the 
                        Office of Management and budget, including 
                        which programs are proposed to be funded from 
                        the Air Traffic control system Modernization 
                        Account of the Airport and Airway Trust Fund;
                            ``(vi) approve the Federal Aviation 
                        Administration's Capital Investment Plan prior 
                        to its submission to the Congress;
                            ``(vii) annually review and make 
                        recommendations on the NextGen Implementation 
                        Plan;
                            ``(viii) approve the Administrator's 
                        selection of the Chief NextGen Officer 
                        appointed or designated under section 302(a) of 
                        the FAA Air Transportation Modernization and 
                        Safety Improvement Act; and
                            ``(ix) approve the selection of the head of 
                        the Joint Planning and Development Office.
                    ``(B) Meetings.--The Board shall meet on a regular 
                and periodic basis or at the call of the Chairman or of 
                the Administrator.
                    ``(C) Access to documents and staff.--The 
                Administration may give the Board appropriate access to 
                relevant documents and personnel of the Administration, 
                and the Administrator shall make available, consistent 
                with the authority to withhold commercial and other 
                proprietary information under section 552 of title 5, 
                cost data associated with the acquisition and operation 
                of air traffic control systems. Any member of the Board 
                who receives commercial or other proprietary data from 
                the Administrator shall be subject to the provisions of 
                section 1905 of title 18, pertaining to unauthorized 
                disclosure of such information.
            ``(5) Federal advisory committee act not to apply.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the Board or such rulemaking committees as the Administrator 
        shall designate.
            ``(6) Administrative matters.--
                    ``(A) Terms of members.--Except as provided in 
                paragraph (3)(C), members of the Board appointed under 
                paragraph (2)(B) and (2)(C) shall be appointed for a 
                term of 4 years.
                    ``(B) Reappointment.--No individual may be 
                appointed to the Board for more than 8 years total.
                    ``(C) Vacancy.--Any vacancy on the Board shall be 
                filled in the same manner as the original position. Any 
                member appointed to fill a vacancy occurring before the 
                expiration of the term for which the member's 
                predecessor was appointed shall be appointed for a term 
                of 4 years.
                    ``(D) Continuation in office.--A member of the 
                Board whose term expires shall continue to serve until 
                the date on which the member's successor takes office.
                    ``(E) Removal.--Any member of the Board appointed 
                under paragraph (2)(B) or (2)(C) may be removed by the 
                President for cause.
                    ``(F) Claims against members of the board.--
                            ``(i) In general.--A member appointed to 
                        the Board shall have no personal liability 
                        under State or Federal law with respect to any 
                        claim arising out of or resulting from an act 
                        or omission by such member within the scope of 
                        service as a member of the Board.
                            ``(ii) Effect on other law.--This 
                        subparagraph shall not be construed--
                                    ``(I) to affect any other immunity 
                                or protection that may be available to 
                                a member of the Board under applicable 
                                law with respect to such transactions;
                                    ``(II) to affect any other right or 
                                remedy against the United States under 
                                applicable law; or
                                    ``(III) to limit or alter in any 
                                way the immunities that are available 
                                under applicable law for Federal 
                                officers and employees.
                    ``(G) Ethical considerations.--Each member of the 
                Board appointed under paragraph (2)(B) must certify 
                that the member--
                            ``(i) does not have a pecuniary interest 
                        in, or own stock in or bonds of, an aviation or 
                        aeronautical enterprise, except an interest in 
                        a diversified mutual fund or an interest that 
                        is exempt from the application of section 208 
                        of title 18;
                            ``(ii) does not engage in another business 
                        related to aviation or aeronautics; and
                            ``(iii) is not a member of any organization 
                        that engages, as a substantial part of its 
                        activities, in activities to influence 
                        aviation-related legislation.
                    ``(H) Chairman; vice chairman.--The Board shall 
                elect a chair and a vice chair from among its members, 
                each of whom shall serve for a term of 2 years. The 
                vice chair shall perform the duties of the chairman in 
                the absence of the chairman.
                    ``(I) Compensation.--No member shall receive any 
                compensation or other benefits from the Federal 
                Government for serving on the Board, except for 
                compensation benefits for injuries under subchapter I 
                of chapter 81 of title 5 and except as provided under 
                subparagraph (J).
                    ``(J) Expenses.--Each member of the Board shall be 
                paid actual travel expenses and per diem in lieu of 
                subsistence expenses when away from his or her usual 
                place of residence, in accordance with section 5703 of 
                title 5.
                    ``(K) Board resources.--From resources otherwise 
                available to the Administrator, the Chairman shall 
                appoint such staff to assist the board and provide 
                impartial analysis, and the Administrator shall make 
                available to the Board such information and 
                administrative services and assistance, as may 
                reasonably be required to enable the Board to carry out 
                its responsibilities under this subsection.
                    ``(L) Quorum and voting.--A simple majority of 
                members of the Board duly appointed shall constitute a 
                quorum. A majority vote of members present and voting 
                shall be required for the Committee to take action.
            ``(7) Air traffic control system defined.--In this 
        subsection, the term `air traffic control system' has the 
        meaning given that term in section 40102(a).''.

SEC. 302. NEXTGEN MANAGEMENT.

    (a) In General.--The Administrator shall appoint or designate an 
individual, as the Chief NextGen Officer, to be responsible for 
implementation of all Administration programs associated with the Next 
Generation Air Transportation System.
    (b) Specific Duties.--The individual appointed or designated under 
subsection (a) shall--
            (1) oversee the implementation of all Administration 
        NextGen programs;
            (2) coordinate implementation of those NextGen programs 
        with the Office of Management and Budget;
            (3) develop an annual NextGen implementation plan;
            (4) ensure that Next Generation Air Transportation System 
        implementation activities are planned in such a manner as to 
        require that system architecture is designed to allow for the 
        incorporation of novel and currently unknown technologies into 
        the System in the future and that current decisions do not bias 
        future decisions unfairly in favor of existing technology at 
        the expense of innovation; and
            (5) oversee the Joint Planning and Development Office's 
        facilitation of cooperation among all Federal agencies whose 
        operations and interests are affected by implementation of the 
        NextGen programs.

SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAFFIC SERVICES.

    Section 106(l) is amended by adding at the end the following:
            ``(7) Air Traffic Services.--In determining what actions to 
        take, by rule or through an agreement or transaction under 
        paragraph (6) or under section 44502, to permit non-Government 
        providers of communications, navigation, surveillance or other 
        services to provide such services in the National Airspace 
        System, or to require the usage of such services, the 
        Administrator shall consider whether such actions would--
                    ``(A) promote the safety of life and property;
                    ``(B) improve the efficiency of the National 
                Airspace System and reduce the regulatory burden upon 
                National Airspace System users, based upon sound 
                engineering principles, user operational requirements, 
                and marketplace demands;
                    ``(C) encourage competition and provide services to 
                the largest feasible number of users; and
                    ``(D) take into account the unique role served by 
                general aviation.''.

SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE 
              AGREEMENTS.

    Section 106(m) is amended by striking ``without'' in the last 
sentence and inserting ``with or without''.

SEC. 305. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

    Section 40110(c) is amended--
            (1) by inserting ``and'' after the semicolon in paragraph 
        (3);
            (2) by striking paragraph (4); and
            (3) by redesignating paragraph (5) as paragraph (4).

SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.

    Section 40113(e) is amended--
            (1) by inserting ``(whether public or private)'' in 
        paragraph (1) after ``authorities'';
            (2) by striking ``safety.'' in paragraph (1) and inserting 
        ``safety or efficiency. The Administrator is authorized to 
        participate in, and submit offers in response to, competitions 
        to provide these services, and to contract with foreign 
        aviation authorities to provide these services consistent with 
        the provisions under section 106(l)(6) of this title. The 
        Administrator is also authorized, notwithstanding any other 
        provision of law or policy, to accept payments in arrears.''; 
        and
            (3) by striking ``appropriation from which expenses were 
        incurred in providing such services.'' in paragraph (3) and 
        inserting ``appropriation current when the expenditures are or 
        were paid, or the appropriation current when the amount is 
        received.''.

SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.

    Section 40122(g)(2) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (G);
            (2) by striking ``Board.'' in subparagraph (H) and 
        inserting ``Board; and''; and
            (3) by inserting at the end the following new subparagraph:
                    ``(I) subsections (b), (c), and (d) of section 4507 
                (relating to Meritorious Executive or Distinguished 
                Executive rank awards), and subsections (b) and (c) of 
                section 4507a (relating to Meritorious Senior 
                Professional or Distinguished Senior Professional rank 
                awards), except that--
                            ``(i) for purposes of applying such 
                        provisions to the personnel management system--
                                    ``(I) the term `agency' means the 
                                Department of Transportation;
                                    ``(II) the term `senior executive' 
                                means a Federal Aviation Administration 
                                executive;
                                    ``(III) the term `career appointee' 
                                means a Federal Aviation Administration 
                                career executive; and
                                    ``(IV) the term `senior career 
                                employee' means a Federal Aviation 
                                Administration career senior 
                                professional;
                            ``(ii) receipt by a career appointee of the 
                        rank of Meritorious Executive or Meritorious 
                        Senior Professional entitles such individual to 
                        a lump-sum payment of an amount equal to 20 
                        percent of annual basic pay, which shall be in 
                        addition to the basic pay paid under the 
                        Federal Aviation Administration Executive 
                        Compensation Plan; and
                            ``(iii) receipt by a career appointee of 
                        the rank of Distinguished Executive or 
                        Distinguished Senior Professional entitles the 
                        individual to a lump-sum payment of an amount 
                        equal to 35 percent of annual basic pay, which 
                        shall be in addition to the basic pay paid 
                        under the Federal Aviation Administration 
                        Executive Compensation Plan.''.

SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESSMENT.

    (a) FAA Criteria for Facilities Realignment.--Within 9 months after 
the date of enactment of this Act, the Administrator, after providing 
an opportunity for public comment, shall publish final criteria to be 
used in making the Administrator's recommendations for the realignment 
of services and facilities to assist in the transition to next 
generation facilities and help reduce capital, operating, maintenance, 
and administrative costs with no adverse effect on safety.
    (b) Realignment Recommendations.--Within 9 months after publication 
of the criteria, the Administrator shall publish a list of the services 
and facilities that the Administrator recommends for realignment, 
including a justification for each recommendation and a description of 
the costs and savings of such transition, in the Federal Register and 
allow 45 days for the submission of public comments to the Board. In 
addition, the Administrator upon request shall hold a public hearing in 
any community that would be affected by a recommendation in the report.
    (c) Study by Board.--The Air Traffic Control Modernization 
Oversight Board established by section 106(p) of title 49, United 
States Code, shall study the Administrator's recommendations for 
realignment and the opportunities, risks, and benefits of realigning 
services and facilities of the Administration to help reduce capital, 
operating, maintenance, and administrative costs with no adverse effect 
on safety.
    (d) Review and Recommendations.--
            (1) Based on its review and analysis of the Administrator's 
        recommendations and any public comment it may receive, the 
        Board shall make its independent recommendations for 
        realignment of aviation services or facilities and submit its 
        recommendations in a report to the President, the Senate 
        Committee on Commerce, Science, and Transportation, and the 
        House of Representatives Committee on Transportation and 
        Infrastructure.
            (2) The Board shall explain and justify in its report any 
        recommendation made by the Board that is different from the 
        recommendations made by the Administrator pursuant to 
        subsection (b).
            (3) The Administrator may not realign any air traffic 
        control facilities or regional offices until the Board's 
        recommendations are complete, unless for each proposed 
        realignment the Administrator and each exclusive bargaining 
        representative certified under section 7114 of title 5, United 
        States Code, of affected employees execute a written agreement 
        regarding the proposed realignment.
    (e) Realignment Defined.--In this section, the term 
``realignment''--
            (1) means a relocation or reorganization of functions, 
        services, or personnel positions, including a facility closure, 
        consolidation, deconsolidation, collocation, decombining, 
        decoupling, split, or inter-facility or inter-regional 
        reorganization that requires a reassignment of employees; but
            (2) does not include a reduction in personnel resulting 
        from workload adjustments.

SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYSTEM IMPLEMENTATION 
              OFFICE.

    (a) Improved Cooperation and Coordination among Participating 
Agencies.--Section 709 of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 40101 note) is amended--
            (1) by inserting ``strategic and cross-agency'' after 
        ``manage'' in subsection (a)(1);
            (2) by adding at the end of subsection (a)(1) ``The office 
        shall be headed by a Director, who shall report to the Chief 
        NextGen Officer appointed or designated under section 302(a) of 
        the FAA Air Transportation Modernization and Safety Improvement 
        Act.'';
            (3) by inserting ``(A)'' after ``(3)'' in subsection 
        (a)(3);
            (4) by inserting after subsection (a)(3) the following:
                    ``(B) The Administrator, the Secretary of Defense, 
                the Administrator of the National Aeronautics and Space 
                Administration, the Secretary of Commerce, the 
                Secretary of Homeland Security, and the head of any 
                other Department or Federal agency from which the 
                Secretary of Transportation requests assistance under 
                subparagraph (A) shall designate an implementation 
                office to be responsible for--
                            ``(i) carrying out the Department or 
                        agency's Next Generation Air Transportation 
                        System implementation activities with the 
                        Office;
                            ``(ii) liaison and coordination with other 
                        Departments and agencies involved in Next 
                        Generation Air Transportation System 
                        activities; and
                            ``(iii) managing all Next Generation Air 
                        Transportation System programs for the 
                        Department or agency, including necessary 
                        budgetary and staff resources, including, for 
                        the Federal Aviation Administration, those 
                        projects described in section 44501(b)(5) of 
                        title 49, United States Code).
                    ``(C) The head of any such Department or agency 
                shall ensure that--
                            ``(i) the Department's or agency's Next 
                        Generation Air Transportation System 
                        responsibilities are clearly communicated to 
                        the designated office; and
                            ``(ii) the performance of supervisory 
                        personnel in that office in carrying out the 
                        Department's or agency's Next Generation Air 
                        Transportation System responsibilities is 
                        reflected in their annual performance 
                        evaluations and compensation decisions.
                    ``(D)(i) Within 6 months after the date of 
                enactment of the FAA Air Transportation Modernization 
                and Safety Improvement Act, the head of each such 
                Department or agency shall execute a memorandum of 
                understanding with the Office and with the other 
                Departments and agencies participating in the Next 
                Generation Air Transportation System project that--
                            ``(I) describes the respective 
                        responsibilities of each such Department and 
                        agency, including budgetary commitments; and
                            ``(II) the budgetary and staff resources 
                        committed to the project.
                    ``(ii) The memorandum shall be revised as necessary 
                to reflect any changes in such responsibilities or 
                commitments and be reflected in each Department or 
                agency's budget request.'';
            (5) by striking ``beyond those currently included in the 
        Federal Aviation Administration's operational evolution plan'' 
        in subsection (b);
            (6) by striking ``research and development roadmap'' in 
        subsection (b)(3) and inserting ``implementation plan'';
            (7) by striking ``and'' after the semicolon in subsection 
        (b)(3)(B);
            (8) by inserting after subsection (b)(3)(C) the following:
                    ``(D) a schedule of rulemakings required to issue 
                regulations and guidelines for implementation of the 
                Next Generation Air Transportation System within a 
                timeframe consistent with the integrated plan; and'';
            (9) by inserting ``and key technologies'' after 
        ``concepts'' in subsection (b)(4);
            (10) by striking ``users'' in subsection (b)(4) and 
        inserting ``users, an implementation plan,'';
            (11) by adding at the end of subsection (b) the following:
``Within 6 months after the date of enactment of the FAA Air 
Transportation Modernization and Safety Improvement Act, the 
Administrator shall develop the implementation plan described in 
paragraph (3) of this subsection and shall update it annually 
thereafter.''; and
            (12) by striking ``2010.'' in subsection (e) and inserting 
        ``2011.''.
    (b) Senior Policy Committee Meetings.--Section 710(a) of such Act 
(49 U.S.C. 40101 note) is amended by striking ``Secretary.'' and 
inserting ``Secretary and shall meet at least once each quarter.''.

SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.

    Section 40102(a)(4) is amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) runway lighting and airport surface visual 
                and other navigation aids;'';
            (2) by striking ``weather information, signaling, radio-
        directional finding, or radio or other electromagnetic 
        communication; and'' in subparagraph (C) and inserting 
        ``aeronautical and meteorological information to air traffic 
        control facilities or aircraft, supplying communication, 
        navigation or surveillance equipment for air-to-ground or air-
        to-air applications;'';
            (3) by striking ``another structure'' in subparagraph (D) 
        and inserting ``any structure, equipment,'';
            (4) by striking ``aircraft.'' in subparagraph (D) and 
        inserting ``aircraft; and''; and
            (5) by adding at the end the following:
                    ``(E) buildings, equipment, and systems dedicated 
                to the National Airspace System.''.

SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

    Section 40110(a)(2) is amended by striking ``compensation; and'' 
and inserting ``compensation, and the amount received may be credited 
to the appropriation current when the amount is received; and''.

SEC. 312. EDUCATIONAL REQUIREMENTS.

    The Administrator shall make payments to the Department of Defense 
for the education of dependent children of those Administration 
employees in Puerto Rico and Guam as they are subject to transfer by 
policy and practice and meet the eligibility requirements of section 
2164(c) of title 10, United States Code.

SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM.

    Section 40122(a)(2) is amended to read as follows:
            ``(2) Dispute resolution.--
                    ``(A) Mediation.--If the Administrator does not 
                reach an agreement under paragraph (1) or subsection 
                (g)(2)(C) with the exclusive bargaining 
                representatives, the services of the Federal Mediation 
                and Conciliation Service shall be used to attempt to 
                reach such agreement in accordance with part 1425 of 
                title 29, Code of Federal Regulations. The 
                Administrator and bargaining representatives may by 
                mutual agreement adopt procedures for the resolution of 
                disputes or impasses arising in the negotiation of a 
                collective-bargaining agreement.
                    ``(B) Binding arbitration.--If the services of the 
                Federal Mediation and Conciliation Service under 
                subparagraph (A) do not lead to an agreement, the 
                Administrator and the bargaining representatives shall 
                submit their issues in controversy to the Federal 
                Service Impasses Panel in accordance with section 7119 
                of title 5. The Panel shall assist the parties in 
                resolving the impasse by asserting jurisdiction and 
                ordering binding arbitration by a private arbitration 
                board consisting of 3 members in accordance with 
                section 2471.6(a)(2)(ii) of title 5, Code of Federal 
                Regulations. The executive director of the Panel shall 
                request a list of not less than 15 names of arbitrators 
                with Federal sector experience from the director of the 
                Federal Mediation and Conciliation Service to be 
                provided to the Administrator and the bargaining 
                representatives. Within 10 days after receiving the 
                list, the parties shall each select 1 person. The 2 
                arbitrators shall then select a third person from the 
                list within 7 days. If the 2 arbitrators are unable to 
                agree on the third person, the parties shall select the 
                third person by alternately striking names from the 
                list until only 1 name remains. If the parties do not 
                agree on the framing of the issues to be submitted, the 
                arbitration board shall frame the issues. The 
                arbitration board shall give the parties a full and 
                fair hearing, including an opportunity to present 
                evidence in support of their claims, and an opportunity 
                to present their case in person, by counsel, or by 
                other representative as they may elect. Decisions of 
                the arbitration board shall be conclusive and binding 
                upon the parties. The arbitration board shall render 
                its decision within 90 days after its appointment. The 
                Administrator and the bargaining representative shall 
                share costs of the arbitration equally. The arbitration 
                board shall take into consideration the effect of its 
                arbitration decisions on the Federal Aviation 
                Administration's ability to attract and retain a 
                qualified workforce and the Federal Aviation 
                Administration's budget.
                    ``(C) Effect.--Upon reaching a voluntary agreement 
                or at the conclusion of the binding arbitration under 
                subparagraph (B) above, the final agreement, except for 
                those matters decided by the arbitration board, shall 
                be subject to ratification by the exclusive 
                representative, if so requested by the exclusive 
                representative, and approval by the head of the agency 
                in accordance with subsection (g)(2)(C).
                    ``(D) Enforcement.--Enforcement of the provisions 
                of this paragraph shall be in the United States 
                District Court for the District of Columbia.''.

SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES.

    (a) OEP Airport Procedures.--
            (1) In general.--Within 6 months after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall publish a report, after 
        consultation with representatives of appropriate Administration 
        employee groups, airport operators, air carriers, general 
        aviation representatives, aircraft and avionics manufacturers, 
        and third parties that have received letters of qualification 
        from the Administration to design and validate required 
        navigation performance flight paths for public use (in this 
        section referred to as ``qualified third parties'') that 
        includes the following:
                    (A) RNP operations.--A list of required navigation 
                performance procedures (as defined in FAA order 
                8260.52(d)) to be developed, certified, and published, 
                and the air traffic control operational changes, to 
                maximize the efficiency and capacity of NextGen 
                commercial operations at the 137 small, medium, and 
                large hub airports. The Administrator shall clearly 
                identify each required navigation performance operation 
                that is an overlay of an existing instrument flight 
                procedure.
                    (B) Coordination and implementation activities.--A 
                description of the activities and operational changes 
                and approvals required to coordinate and to utilize 
                those procedures at each of the airports in 
                subparagraph (A).
                    (C) Implementation plan.--A plan for implementation 
                of those procedures that establishes--
                            (i) clearly defined budget, schedule, 
                        project organization, environmental, and 
                        leadership requirements;
                            (ii) specific implementation and transition 
                        steps;
                            (iii) coordination and communications 
                        mechanisms with qualified third parties;
                            (iv) specific procedures for engaging the 
                        appropriate Administration employee groups to 
                        ensure that human factors, training and other 
                        issues surrounding the adoption of required 
                        navigation performance procedures in the en 
                        route and terminal environments are addressed;
                            (v) baseline and performance metrics for 
                        measuring the Administration's progress in 
                        implementing the plan, including the percentage 
                        utilization of required navigation performance 
                        in the National Airspace System;
                            (vi) outcome-based performance metrics to 
                        measure progress in implementing RNP procedures 
                        that reduce fuel burn and emissions;
                            (vii) a description of the software and 
                        database information, such as a current version 
                        of the Noise Integrated Routing System or the 
                        Integrated Noise Model that the Administration 
                        will need to make available to qualified third 
                        parties to enable those third parties to design 
                        procedures that will meet the broad range of 
                        requirements of the Administration;
                            (viii) lifecycle management for RNP 
                        procedures; and
                            (ix) an expedited validation process that 
                        allows an air carrier using a RNP procedure 
                        validated by the Administrator at an airport 
                        for a specific model of aircraft and equipage 
                        to transfer all of the information associated 
                        with the use of that procedure to another air 
                        carrier for use at the same airport for the 
                        same model of aircraft and equipage.
            (2) Implementation schedule.--The Administrator shall 
        certify, publish, and implement--
                    (A) 30 percent of the required procedures within 18 
                months after the date of enactment of this Act;
                    (B) 60 percent of the procedures within 36 months 
                after the date of enactment of this Act; and
                    (C) 100 percent of the procedures before January 1, 
                2014.
    (b) Other Airports.--
            (1) In general.--Within one year after the date of 
        enactment of this Act, the Administration shall publish a 
        report, after consultation with representatives of appropriate 
        Administration employee groups, airport operators, air 
        carriers, general aviation representatives, aircraft and 
        avionics manufacturers, and qualified third parties, that 
        includes a plan for applying the procedures, requirements, 
        criteria, and metrics described in subsection (a)(1) to other 
        airports across the Nation, with priority given to those 
        airports where procedures developed, certified, and published 
        under this section will provide the greatest benefits in terms 
        of safety, capacity, fuel burn, and emissions.
            (2) Surveying obstacles surrounding regional airports.--Not 
        later than 1 year after the date of enactment of that Act, the 
        Administrator, in consultation with the State secretaries of 
        transportation and state, shall identify options and funding 
        mechanisms for surveying obstacles in areas around airports 
        such that can be used as an input to future RNP procedures.
            (3) Implementation schedule.--The Administration shall 
        certify, publish, and implement--
                    (A) 25 percent of the required procedures at such 
                other airports within 18 months after the date of 
                enactment of this Act;
                    (B) 50 percent of the procedures at such other 
                airports within 30 months after the date of enactment 
                of this Act;
                    (C) 75 percent of the procedures at such other 
                airports within 42 months after the date of enactment 
                of this Act; and
                    (D) 100 percent of the procedures before January 1, 
                2016.
    (c) Establishment of Priorities.--The Administration shall extend 
the charter of the Performance Based Navigation Aviation Rulemaking 
Committee as necessary to authorize and request it to establish 
priorities for the development, certification, publication, and 
implementation of the navigation performance procedures based on their 
potential safety, efficiency, and congestion benefits.
    (d) Coordinated and Expedited Review.--Required Navigation 
Performance and other performance-based navigation procedures 
developed, certified, published, and implemented under this section 
that will measurably reduce aircraft emissions and result in an 
absolute reduction or no net increase in noise levels shall be presumed 
to have no significant environmental impact and the Administrator shall 
issue and file a categorical exclusion for such procedures.
    (e) Deployment Plan for Nationwide Data Communications System.--
Within 1 year after the date of enactment of this Act, the 
Administrator shall submit a plan for implementation of a nationwide 
communications system to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure. The plan shall include--
            (1) clearly defined budget, schedule, project organization, 
        and leadership requirements;
            (2) specific implementation and transition steps; and
            (3) baseline and performance metrics for measuring the 
        Administration's progress in implementing the plan.
    (f) Improved Performance Standards.--Within 90 days after the date 
of enactment of this Act, the Administrator shall submit a report to 
the Senate committee on commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infrastructure 
that--
            (1) evaluates whether utilization of ADS-B, RNP, and other 
        technologies as part of the NextGen Air Transportation System 
        implementation plan will display the position of aircraft more 
        accurately and frequently so as to enable a more efficient use 
        of existing airspace and result in reduced consumption of 
        aviation fuel and aircraft engine emissions;
            (2) evaluates the feasibility of reducing aircraft 
        separation standards in a safe manner as a result of 
        implementation of such technologies; and
            (3) if the Administrator determines that such standards can 
        be reduced safely, includes a timetable for implementation of 
        such reduced standards.

SEC. 315. ADS-B DEVELOPMENT AND IMPLEMENTATION.

    (a) In General.--
            (1) Report required.--Within 90 days after the date of 
        enactment of this Act, the Administrator shall submit a report 
        to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure detailing the 
        Administration's program and schedule for integrating ADS-B 
        technology into the National Airspace System. The report shall 
        include--
                    (A) a clearly defined budget, schedule, project 
                organization, leadership, and the specific 
                implementation or transition steps required to achieve 
                these ADS-B ground station installation goals;
                    (B) a transition plan for ADS-B that includes date-
                specific milestones for the implementation of new 
                capabilities into the National Airspace System;
                    (C) identification of any potential operational or 
                workforce changes resulting from deployment of ADS-B;
                    (D) detailed plans and schedules for implementation 
                of advanced operational procedures and ADS-B air-to-air 
                applications; and
                    (E) baseline and performance metrics in order to 
                measure the agency's progress.
            (2) Identification and measurement of benefits.--In the 
        report required by paragraph (1), the Administrator shall 
        identify actual benefits that will accrue to National Airspace 
        System users, small and medium-sized airports, and general 
        aviation users from deployment of ADS-B and provide an 
        explanation of the metrics used to quantify those benefits.
    (b) Rulemakings.--
            (1) ADS-B out.--Not later than 45 days after the date of 
        enactment of this Act the Administrator shall--
                    (A) complete the initial rulemaking proceeding 
                (Docket No. FAA-2007-29305; Notice No. 07-15; 72 FR 
                56947) to issue guidelines and regulations for ADS-B 
                Out technology that--
                            (i) identify the ADS-B Out technology that 
                        will be required under NextGen;
                            (ii) subject to paragraph (3), require all 
                        aircraft to be equipped with such technology by 
                        2015; and
                            (iii) identify--
                                    (I) the type of such avionics 
                                required of aircraft for all classes of 
                                airspace;
                                    (II) the expected costs associated 
                                with the avionics; and
                                    (III) the expected uses and 
                                benefits of the avionics; and
                    (B) initiate a rulemaking proceeding to issue any 
                additional guidelines and regulations for ADS-B Out 
                technology not addressed in the initial rulemaking.
            (2) ADS-B in.--Not later than 45 days after the date of 
        enactment of this Act the Administrator shall initiate a 
        rulemaking proceeding to issue guidelines and regulations for 
        ADS-B In technology that--
                    (A) identify the ADS-B In technology that will be 
                required under NextGen;
                    (B) subject to paragraph (3), require all aircraft 
                to be equipped with such technology by 2018; and
                    (C) identify--
                            (i) the type of such avionics required of 
                        aircraft for all classes of airspace;
                            (ii) the expected costs associated with the 
                        avionics; and
                            (iii) the expected uses and benefits of the 
                        avionics.
            (3) Readiness verification.--Before the date on which all 
        aircraft are required to be equipped with ADS-B technology 
        pursuant to rulemakings under paragraphs (1) and (2), the Air 
        Traffic Control Modernization Oversight Board shall verify 
        that--
                    (A) the necessary ground infrastructure is 
                installed and functioning properly;
                    (B) certification standards have been approved; and
                    (C) appropriate operational platforms interface 
                safely and efficiently.
    (c) Uses.--Within 18 months after the date of enactment of this 
Act, the Administrator shall develop, in consultation with appropriate 
employee groups, a plan for the use of ADS-B technology for 
surveillance and active air traffic control by 2015. The plans shall--
            (1) include provisions to test the use of ADS-B prior to 
        the 2015 deadline for surveillance and active air traffic 
        control in specific regions of the country with the most 
        congested airspace;
            (2) identify the equipment required at air traffic control 
        facilities and the training required for air traffic 
        controllers;
            (3) develop procedures, in consultation with appropriate 
        employee groups, to conduct air traffic management in mixed 
        equipage environments; and
            (4) establish a policy in these test regions, with 
        consultation from appropriate employee groups, to provide 
        incentives for equipage with ADS-B technology by giving 
        priority to aircraft equipped with such technology before the 
        2015 and 2018 equipage deadlines.
    (d) Conditional Extension of Deadlines for Equipping Aircraft With 
ADS-B Technology.--
            (1) ADS-B out.--In the case that the Administrator fails to 
        complete the initial rulemaking described in subparagraph (A) 
        of subsection (b)(1) on or before the date that is 45 days 
        after the date of the enactment of this Act, the deadline 
        described in clause (ii) of such subparagraph shall be extended 
        by an amount of time that is equal to the amount of time of the 
        period beginning on the date that is 45 days after the date of 
        the enactment of this Act and ending on the date on which the 
        Administrator completes such initial rulemaking.
            (2) ADS-B in.--In the case that the Administrator fails to 
        initiate the rulemaking required by paragraph (2) of subsection 
        (b) on or before the date that is 45 days after the date of the 
        enactment of this Act, the deadline described in subparagraph 
        (B) of such paragraph shall be extended by an amount of time 
        that is equal to the amount of time of the period beginning on 
        the date that is 45 days after the date of the enactment of 
        this Act and ending on the date on which the Administrator 
        initiates such rulemaking.

SEC. 316. EQUIPAGE INCENTIVES.

    (a) In General.--The Administrator shall issue a report that--
            (1) identifies incentive options to encourage the equipage 
        of aircraft with NextGen technologies, including a policy that 
        gives priority to aircraft equipped with ADS-B technology;
            (2) identifies the costs and benefits of each option; and
            (3) includes input from industry stakeholders, including 
        passenger and cargo air carriers, aerospace manufacturers, and 
        general aviation aircraft operators.
    (b) Deadline.--The Administrator shall issue the report before the 
earlier of--
            (1) the date that is 6 months after the date of enactment 
        of this Act; or
            (2) the date on which aircraft are required to be equipped 
        with ADS-B technology pursuant to rulemakings under section 
        315(b) of this Act.

SEC. 317. PERFORMANCE METRICS.

    (a) In General.--No later than June 1, 2010, the Administrator 
shall establish and track National Airspace System performance metrics, 
including, at a minimum--
            (1) the allowable operations per hour on runways;
            (2) average gate-to-gate times;
            (3) fuel burned between key city pairs;
            (4) operations using the advanced procedures implemented 
        under section 314 of this Act;
            (5) average distance flown between key city pairs;
            (6) time between pushing back from the gate and taking off;
            (7) uninterrupted climb or descent;
            (8) average gate arrival delay for all arrivals;
            (9) flown versus filed flight times for key city pairs; and
            (10) metrics to demonstrate reduced fuel burn and reduced 
        emissions.
    (b) Optimal Baselines.--The Administrator, in consultation with 
aviation industry stakeholders, shall identify optimal baselines for 
each of these metrics and appropriate methods to measure deviations 
from these baselines.
    (c) Publication.--The Administration shall make the data obtained 
under subsection (a) available to the public in a searchable, sortable, 
downloadable format through its website and other appropriate media.
    (d) Reports.--
            (1) Initial report.--Not later than 90 days after the date 
        of enactment of this Act, the Administrator shall submit to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure that contains--
                    (A) a description of the metrics that will be used 
                to measure the Administration's progress in 
                implementing NextGen Air Transportation System 
                capabilities and operational results; and
                    (B) information about how any additional metrics 
                were developed.
            (2) Annual progress report.--The Administrator shall submit 
        an annual progress report to those committees on the 
        Administration's progress in implementing NextGen Air 
        Transportation System.

SEC. 318. CERTIFICATION STANDARDS AND RESOURCES.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Administrator shall develop a plan to accelerate and 
streamline the process for certification of NextGen technologies, 
including--
            (1) updated project plans and timelines to meet the 
        deadlines established by this title;
            (2) identification of the specific activities needed to 
        certify core NextGen technologies, including the establishment 
        of NextGen technical requirements for the manufacture of 
        equipage, installation of equipage, airline operational 
        procedures, pilot training standards, air traffic control 
        procedures, and air traffic controller training;
            (3) staffing requirements for the Air Certification Service 
        and the Flight Standards Service, and measures addressing 
        concerns expressed by the Department of Transportation 
        Inspector General and the Comptroller General regarding 
        staffing needs for modernization;
            (4) an assessment of the extent to which the Administration 
        will use third parties in the certification process, and the 
        cost and benefits of this approach; and
            (5) performance metrics to measure the Administration's 
        progress.
    (b) Certification Integrity.--The Administrator shall make no 
distinction between public or privately owned equipment, systems, or 
services used in the National Airspace System when determining 
certification requirements.

SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECHNOLOGY.

    Not later than 120 days after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
submit to Congress a report that contains--
            (1) a financing proposal that--
                    (A) uses innovative methods to fully fund the 
                development and implementation of technology for the 
                Next Generation Air Transportation System in a manner 
                that does not increase the Federal deficit; and
                    (B) takes into consideration opportunities for 
                involvement by public-private partnerships; and
                    (C) recommends creative financing proposals other 
                than user fees or higher taxes; and
            (2) recommendations with respect to how the Administrator 
        and Congress can provide operational benefits, such as benefits 
        relating to preferred airspace, routings, or runway access, for 
        all aircraft, including air carriers and general aviation, that 
        equip their aircraft with technology necessary for the 
        operation of the Next Generation Air Transportation System 
        before the date by which the Administrator requires the use of 
        such technology.

SEC. 320. UNMANNED AERIAL SYSTEMS.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Administrator shall develop a plan to accelerate the 
integration of unmanned aerial systems into the National Airspace 
System that--
            (1) creates a pilot project to integrate such vehicles into 
        the National Airspace System at 4 test sites in the National 
        Airspace System by 2012;
            (2) creates a safe, non-exclusionary airspace designation 
        for cooperative manned and unmanned flight operations in the 
        National Airspace System;
            (3) establishes a process to develop--
                    (A) air traffic requirements for all unmanned 
                aerial systems at the test sites; and
                    (B) certification and flight standards for 
                nonmilitary unmanned aerial systems at the test sites;
            (4) dedicates funding for unmanned aerial systems research 
        and development relating to--
                    (A) air traffic requirements; and
                    (B) certification and flight standards for 
                nonmilitary unmanned aerial systems in the National 
                Airspace System;
            (5) encourages leveraging and coordination of such research 
        and development activities with the National Aeronautics and 
        Space Administration and the Department of Defense;
            (6) addresses both military and nonmilitary unmanned aerial 
        system operations;
            (7) ensures that the unmanned aircraft systems integration 
        plan is incorporated in the Administration's NextGen Air 
        Transportation System implementation plan; and
            (8) provides for integration into the National Airspace 
        System of safety standards and navigation procedures 
        validated--
                    (A) under the pilot project created pursuant to 
                paragraph (1); or
                    (B) through other related research and development 
                activities carried out pursuant to paragraph (4).
    (b) Selection of Test Sites.--
            (1) Increased number of test sites; deadline for pilot 
        project.--Notwithstanding subsection (a)(1), the plan developed 
        under subsection (a) shall include a pilot project to integrate 
        unmanned aerial systems into the National Airspace System at 6 
        test sites in the National Airspace System by December 31, 
        2012.
            (2) Test site criteria.--The Administrator of the Federal 
        Aviation Administration shall take into consideration 
        geographical and climate diversity and appropriate facilities 
        in determining where the test sites to be established under the 
        pilot project required by subsection (a)(1) are to be located.
    (c) Certification and Flight Standards for Military Unmanned Aerial 
Systems.--The Secretary of Defense shall establish a process to develop 
certification and flight standards for military unmanned aerial systems 
at the test sites referred to in subsection (a)(1).
    (d) Certification Process.--The Administrator of the Federal 
Aviation Administration shall expedite the approval process for 
requests for certificates of authorization at test sites referred to in 
subsection (a)(1).
    (e) Report on Systems and Detection Techniques.--Not later than 180 
days after the date of the enactment of this Act, the Administrator of 
the Federal Aviation Administration shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives a 
report describing and assessing the progress being made in establishing 
special use airspace to fill the immediate need of the Department of 
Defense to develop detection techniques for small unmanned aerial 
vehicles and to validate sensor integration and operation of unmanned 
aerial systems.

SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE.

    (a) In General.--The Air Traffic Organization shall--
            (1) evaluate the Airport Surface Detection Equipment-Model 
        X program for its potential contribution to implementation of 
        the NextGen initiative;
            (2) evaluate airport surveillance technologies and 
        associated collaborative surface management software for 
        potential contributions to implementation of NextGen surface 
        management;
            (3) accelerate implementation of the program; and
            (4) carry out such additional duties as the Administrator 
        may require.
    (b) Expedited Certification and Utilization.--The Administrator 
shall--
            (1) consider options for expediting the certification of 
        Ground Based Augmentation System technology; and
            (2) develop a plan to utilize such a system at the 35 
        Operational Evolution Partnership airports by September 30, 
        2012.

SEC. 322. STAKEHOLDER COORDINATION.

    (a) In General.--The Administrator shall establish a process for 
including qualified employees selected by each exclusive collective 
bargaining representative of employees of the Administration who are 
likely to be affected by the planning, development, and deployment of 
air traffic control modernization projects (including the Next 
Generation Air Transportation System) in, and collaborating with, such 
employees in the planning, development, and deployment of those 
projects.
    (b) Participation.--
            (1) Bargaining obligations and rights.--Participation in 
        the process described in subsection (a) shall not be construed 
        as a waiver of any bargaining obligations or rights under 
        section 40122(a)(1) or 40122(g)(2)(C) of title 49, United 
        States Code.
            (2) Capacity and compensation.--Exclusive collective 
        bargaining representatives and selected employees participating 
        in the process described in subsection (a) shall--
                    (A) serve in a collaborative and advisory capacity; 
                and
                    (B) receive appropriate travel and per diem 
                expenses in accordance with the travel policies of the 
                Administration in addition to any regular compensation 
                and benefits.
    (c) Report.--No later than 180 days after the date of enactment of 
this Act, the Administrator shall submit a report on the implementation 
of this section to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.

SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY CONDITIONS.

    (a) Establishment.--The Administrator shall establish a special 
task force to be known as the ``FAA Task Force on Air Traffic Control 
Facility Conditions''.
    (b) Membership.--
            (1) Composition.--The Task Force shall be composed of 11 
        members of whom--
                    (A) 7 members shall be appointed by the 
                Administrator; and
                    (B) 4 members shall be appointed by labor unions 
                representing employees who work at field facilities of 
                the Administration.
            (2) Qualifications.--Of the members appointed by the 
        Administrator under paragraph (1)(A)--
                    (A) 4 members shall be specialists on toxic mold 
                abatement, ``sick building syndrome,'' and other 
                hazardous building conditions that can lead to employee 
                health concerns and shall be appointed by the 
                Administrator in consultation with the Director of the 
                National Institute for Occupational Safety and Health; 
                and
                    (B) 2 members shall be specialists on the 
                rehabilitation of aging buildings.
            (3) Terms.--Members shall be appointed for the life of the 
        Task Force.
            (4) Vacancies.--A vacancy in the Task Force shall be filled 
        in the manner in which the original appointment was made.
            (5) Travel expenses.--Members shall serve without pay but 
        shall receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with subchapter I of chapter 57 of 
        title 5, United States Code.
    (c) Chairperson.--The Administrator shall designate, from among the 
individuals appointed under subsection (b)(1), an individual to serve 
as chairperson of the Task Force.
    (d) Task Force Personnel Matters.--
            (1) Staff.--The Task Force may appoint and fix the pay of 
        such personnel as it considers appropriate.
            (2) Staff of federal agencies.--Upon request of the 
        Chairperson of the Task Force, the head of any department or 
        agency of the United States may detail, on a reimbursable 
        basis, any of the personnel of that department or agency to the 
        Task Force to assist it in carrying out its duties under this 
        section.
            (3) Other staff and support.--Upon request of the Task 
        Force or a panel of the Task Force, the Administrator shall 
        provide the Task Force or panel with professional and 
        administrative staff and other support, on a reimbursable 
        basis, to the Task Force to assist it in carrying out its 
        duties under this section.
    (e) Obtaining Official Data.--The Task Force may secure directly 
from any department or agency of the United States information (other 
than information required by any statute of the United States to be 
kept confidential by such department or agency) necessary for the Task 
Force to carry out its duties under this section. Upon request of the 
chairperson of the Task Force, the head of that department or agency 
shall furnish such information to the Task Force.
    (f) Duties.--
            (1) Study.--The Task Force shall undertake a study of--
                    (A) the conditions of all air traffic control 
                facilities across the Nation, including towers, 
                centers, and terminal radar air control;
                    (B) reports from employees of the Administration 
                relating to respiratory ailments and other health 
                conditions resulting from exposure to mold, asbestos, 
                poor air quality, radiation and facility-related 
                hazards in facilities of the Administration;
                    (C) conditions of such facilities that could 
                interfere with such employees' ability to effectively 
                and safely perform their duties;
                    (D) the ability of managers and supervisors of such 
                employees to promptly document and seek remediation for 
                unsafe facility conditions;
                    (E) whether employees of the Administration who 
                report facility-related illnesses are treated fairly;
                    (F) utilization of scientifically approved 
                remediation techniques in a timely fashion once 
                hazardous conditions are identified in a facility of 
                the Administration; and
                    (G) resources allocated to facility maintenance and 
                renovation by the Administration.
            (2) Facility condition indices.--The Task Force shall 
        review the facility condition indices of the Administration for 
        inclusion in the recommendations under subsection (g).
    (g) Recommendations.--Based on the results of the study and review 
of the facility condition indices under subsection (f), the Task Force 
shall make recommendations as it considers necessary to--
            (1) prioritize those facilities needing the most immediate 
        attention in order of the greatest risk to employee health and 
        safety;
            (2) ensure that the Administration is using scientifically 
        approved remediation techniques in all facilities; and
            (3) assist the Administration in making programmatic 
        changes so that aging air traffic control facilities do not 
        deteriorate to unsafe levels.
    (h) Report.--Not later than 6 months after the date on which 
initial appointments of members to the Task Force are completed, the 
Task Force shall submit a report to the Administrator, the Senate 
Committee on Commerce, Science, and Transportation, and the House of 
Representatives Committee on Transportation and Infrastructure on the 
activities of the Task Force, including the recommendations of the Task 
Force under subsection (g).
    (i) Implementation.--Within 30 days after receipt of the Task Force 
report under subsection (h), the Administrator shall submit to the 
House of Representatives Committee on Transportation and Infrastructure 
and the Senate Committee on Commerce, Science, and Transportation a 
report that includes a plan and timeline to implement the 
recommendations of the Task Force and to align future budgets and 
priorities of the Administration accordingly.
    (j) Termination.--The Task Force shall terminate on the last day of 
the 30-day period beginning on the date on which the report under 
subsection (h) is submitted.
    (k) Applicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Task Force.

SEC. 324. STATE ADS-B EQUIPAGE BANK PILOT PROGRAM.

    (a) In General.--
            (1) Cooperative agreements.--Subject to the provisions of 
        this section, the Secretary of Transportation may enter into 
        cooperative agreements with not to exceed 5 States for the 
        establishment of State ADS-B equipage banks for making loans 
        and providing other assistance to public entities for projects 
        eligible for assistance under this section.
    (b) Funding.--
            (1) Separate account.--An ADS-B equipage bank established 
        under this section shall maintain a separate aviation trust 
        fund account for Federal funds contributed to the bank under 
        paragraph (2). No Federal funds contributed or credited to an 
        account of an ADS-B equipage bank established under this 
        section may be commingled with Federal funds contributed or 
        credited to any other account of such bank.
            (2) Authorization.--There are authorized to be appropriated 
        to the Secretary $25,000,000 for each of fiscal years 2010 
        through 2014.
    (c) Forms of Assistance From ADS-B Equipage Banks.--An ADS-B 
equipage bank established under this section may make loans or provide 
other assistance to a public entity in an amount equal to all or part 
of the cost of carrying out a project eligible for assistance under 
this section. The amount of any loan or other assistance provided for 
such project may be subordinated to any other debt financing for the 
project.
    (d) Qualifying Projects.--Federal funds in the ADS-B equipage 
account of an ADS-B equipage bank established under this section may be 
used only to provide assistance with respect to aircraft ADS-B and 
related avionics equipage.
    (e) Requirements.--In order to establish an ADS-B equipage bank 
under this section, each State establishing such a bank shall--
            (1) contribute, at a minimum, in each account of the bank 
        from non-Federal sources an amount equal to 50 percent of the 
        amount of each capitalization grant made to the State and 
        contributed to the bank;
            (2) ensure that the bank maintains on a continuing basis an 
        investment grade rating on its debt issuances or has a 
        sufficient level of bond or debt financing instrument insurance 
        to maintain the viability of the bank;
            (3) ensure that investment income generated by funds 
        contributed to an account of the bank will be--
                    (A) credited to the account;
                    (B) available for use in providing loans and other 
                assistance to projects eligible for assistance from the 
                account; and
                    (C) invested in United States Treasury securities, 
                bank deposits, or such other financing instruments as 
                the Secretary may approve to earn interest to enhance 
                the leveraging of projects assisted by the bank;
            (4) ensure that any loan from the bank will bear interest 
        at or below market interest rates, as determined by the State, 
        to make the project that is the subject of the loan feasible;
            (5) ensure that the term for repaying any loan will not 
        exceed 10 years after the date of the first payment on the 
        loan; and
            (6) require the bank to make an annual report to the 
        Secretary on its status no later than September 30 of each year 
        for which funds are made available under this section, and to 
        make such other reports as the Secretary may require by 
        guidelines.

SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC RECOMMENDATIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, but no later than 1 year after that date, the 
Administrator of the Federal Aviation Administration shall--
            (1) provide the Los Angeles International Air Traffic 
        Control Tower facility, the Southern California Terminal Radar 
        Approach Control facility, and the Northern California Terminal 
        Radar Approach Control facility a sufficient number of contract 
        instructors, classroom space (including off-site locations as 
        needed), and simulators for a surge in the number of new air 
        traffic controllers at those facilities;
            (2) to the greatest extent practicable, distribute the 
        placement of new trainee air traffic controllers at those 
        facilities evenly across the calendar year in order to avoid 
        training bottlenecks;
            (3) commission an independent analysis, in consultation 
        with the Administration and the exclusive bargaining 
        representative of air traffic controllers certified under 
        section 7111 of title 5, United States Code, of overtime 
        scheduling practices at those facilities; and
            (4) to the greatest extent practicable, provide priority to 
        certified professional controllers-in-training when filling 
        staffing vacancies at those facilities.
    (b) Staffing Analyses and Reports.--For the purposes of--
            (1) the Federal Aviation Administration's annual controller 
        workforce plan,
            (2) the Administration's facility-by-facility authorized 
        staffing ranges, and
            (3) any report of air traffic controller staffing levels 
        submitted to the Congress,
the Administrator may not consider an individual to be an air traffic 
controller unless that individual is a certified professional 
controller.

SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER SKIES PROJECT.

    (a) Initial Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to Congress a 
report on the strategy of the Administrator for implementing, on an 
accelerated basis, the NextGen operational capabilities produced by the 
Greener Skies project, as recommended in the final report of the RTCA 
NextGen Mid-Term Implementation Task Force that was issued on September 
9, 2009.
    (b) Subsequent Reports.--
            (1) In general.--Not later than 180 days after the 
        Administrator submits to Congress the report required by 
        subsection (a) and not less frequently than once every 180 days 
        thereafter until September 30, 2011, the Administrator shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on the progress of the Administrator 
        in carrying out the strategy described in the report submitted 
        under subsection (a).
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) A timeline for full implementation of the 
                strategy described in the report submitted under 
                subsection (a).
                    (B) A description of the progress made in carrying 
                out such strategy.
                    (C) A description of the challenges, if any, 
                encountered by the Administrator in carrying out such 
                strategy.

SEC. 327. DEFINITIONS.

    In this title:
            (1) Administration.--The term ``Administration'' means the 
        Federal Aviation Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (3) NextGen.--The term ``NextGen'' means the Next 
        Generation Air Transportation System.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE.

    (a) In General.--The Administrator of the Federal Aviation 
Administration may enter into agreements to fund the costs of equipping 
aircraft with communications, surveillance, navigation, and other 
avionics to enable NextGen air traffic control capabilities.
    (b) Funding Instrument.--The Administrator may make grants or other 
instruments authorized under section 106(l)(6) of title 49, United 
States Code, to carry out subsection (a).

 TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS

                    SUBTITLE A--CONSUMER PROTECTION

SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT.

    (a) In General.--Chapter 417 is amended by adding at the end the 
following:

               ``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE

``Sec. 41781. Air carrier and airport contingency plans for long on-
              board tarmac delays
    ``(a) Definition of Tarmac Delay.--The term `tarmac delay' means 
the holding of an aircraft on the ground before taking off or after 
landing with no opportunity for its passengers to deplane.
    ``(b) Submission of Air Carrier and Airport Plans.--Not later than 
60 days after the date of the enactment of the FAA Air Transportation 
Modernization and Safety Improvement Act, each air carrier and airport 
operator shall submit, in accordance with the requirements under this 
section, a proposed contingency plan to the Secretary of Transportation 
for review and approval.
    ``(c) Minimum Standards.--The Secretary of Transportation shall 
establish minimum standards for elements in contingency plans required 
to be submitted under this section to ensure that such plans 
effectively address long on-board tarmac delays and provide for the 
health and safety of passengers and crew.
    ``(d) Air Carrier Plans.--The plan shall require each air carrier 
to implement at a minimum the following:
            ``(1) Provision of essential services.--Each air carrier 
        shall provide for the essential needs of passengers on board an 
        aircraft at an airport in any case in which the departure of a 
        flight is delayed or disembarkation of passengers on an 
        arriving flight that has landed is substantially delayed, 
        including--
                    ``(A) adequate food and potable water;
                    ``(B) adequate restroom facilities;
                    ``(C) cabin ventilation and comfortable cabin 
                temperatures; and
                    ``(D) access to necessary medical treatment.
            ``(2) Right to deplane.--
                    ``(A) In general.--Each air carrier shall submit a 
                proposed contingency plan to the Secretary of 
                Transportation that identifies a clear time frame under 
                which passengers would be permitted to deplane a 
                delayed aircraft. After the Secretary has reviewed and 
                approved the proposed plan, the air carrier shall make 
                the plan available to the public.
                    ``(B) Delays.--
                            ``(i) In general.--As part of the plan, 
                        except as provided under clause (iii), an air 
                        carrier shall provide passengers with the 
                        option of deplaning and returning to the 
                        terminal at which such deplaning could be 
                        safely completed, or deplaning at the terminal 
                        if--
                                    ``(I) 3 hours have elapsed after 
                                passengers have boarded the aircraft, 
                                the aircraft doors are closed, and the 
                                aircraft has not departed; or
                                    ``(II) 3 hours have elapsed after 
                                the aircraft has landed and the 
                                passengers on the aircraft have been 
                                unable to deplane.
                            ``(ii) Frequency.--The option described in 
                        clause (i) shall be offered to passengers at a 
                        minimum not less often than once during each 
                        successive 3-hour period that the plane remains 
                        on the ground.
                            ``(iii) Exceptions.--This subparagraph 
                        shall not apply if--
                                    ``(I) the pilot of such aircraft 
                                reasonably determines that the aircraft 
                                will depart or be unloaded at the 
                                terminal not later than 30 minutes 
                                after the 3 hour delay; or
                                    ``(II) the pilot of such aircraft 
                                reasonably determines that permitting a 
                                passenger to deplane would jeopardize 
                                passenger safety or security.
                    ``(C) Application to diverted flights.--This 
                section applies to aircraft without regard to whether 
                they have been diverted to an airport other than the 
                original destination.
                    ``(D) Reports.--Not later than 30 days after any 
                flight experiences a tarmac delay lasting at least 3 
                hours, the air carrier responsible for such flight 
                shall submit a written description of the incident and 
                its resolution to the Aviation Consumer Protection 
                Office of the Department of Transportation.
    ``(e) Airport Plans.--Each airport operator shall submit a proposed 
contingency plan under subsection (b) that contains a description of--
            ``(1) how the airport operator will provide for the 
        deplanement of passengers following a long tarmac delay; and
            ``(2) how, to the maximum extent practicable, the airport 
        operator will provide for the sharing of facilities and make 
        gates available at the airport for use by aircraft experiencing 
        such delays.
    ``(f) Updates.--The Secretary shall require periodic reviews and 
updates of the plans as necessary.
    ``(g) Approval.--
            ``(1) In general.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary of 
        Transportation shall--
                    ``(A) review the initial contingency plans 
                submitted under subsection (b); and
                    ``(B) approve plans that closely adhere to the 
                standards described in subsections (d) or (e), 
                whichever is applicable.
            ``(2) Updates.--Not later than 60 days after the submission 
        of an update under subsection (f) or an initial contingency 
        plan by a new air carrier or airport, the Secretary shall--
                    ``(A) review the plan; and
                    ``(B) approve the plan if it closely adheres to the 
                standards described in subsections (d) or (e), 
                whichever is applicable.
    ``(h) Civil Penalties.--The Secretary may assess a civil penalty 
under section 46301 against any air carrier or airport operator that 
does not submit, obtain approval of, or adhere to a contingency plan 
submitted under this section.
    ``(i) Public Access.--Each air carrier and airport operator 
required to submit a contingency plan under this section shall ensure 
public access to an approved plan under this section by--
            ``(1) including the plan on the Internet Web site of the 
        carrier or airport; or
            ``(2) disseminating the plan by other means, as determined 
        by the Secretary.
``Sec. 41782. Air passenger complaints hotline and information
    ``(a) Air Passenger Complaints Hotline Telephone Number.--The 
Secretary of Transportation shall establish a consumer complaints 
hotline telephone number for the use of air passengers.
    ``(b) Public Notice.--The Secretary shall notify the public of the 
telephone number established under subsection (a).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
which sums shall remain available until expended.''.
    (b) Conforming Amendment.--The table of contents for chapter 417 is 
amended by adding at the end 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''.

SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT DELAY 
              HISTORY.

    (a) In General.--Section 41722 is amended by adding at the end the 
following:
    ``(f) Chronically Delayed Flights.--
            ``(1) Publication of list of flights.--Each air carrier 
        holding a certificate issued under section 41102 that conducts 
        scheduled passenger air transportation shall, on a monthly 
        basis--
                    ``(A) publish and update on the Internet website of 
                the air carrier a list of chronically delayed flights 
                operated by such air carrier; and
                    ``(B) share such list with each entity that is 
                authorized to book passenger air transportation for 
                such air carrier for inclusion on the Internet website 
                of such entity.
            ``(2) Disclosure to customers when purchasing tickets.--For 
        each individual who books passenger air transportation on the 
        Internet website of an air carrier, or the Internet website of 
        an entity that is authorized to book passenger air 
        transportation for an air carrier, for any flight for which 
        data is reported to the Department of Transportation under part 
        234 of title 14, Code of Federal Regulations, such air carrier 
        or entity, as the case may be, shall prominently disclose to 
        such individual, before such individual makes such booking, the 
        following:
                    ``(A) The on-time performance for the flight if the 
                flight is a chronically delayed flight.
                    ``(B) The cancellation rate for the flight if the 
                flight is a chronically canceled flight.
            ``(3) Definitions.--In this subsection:
                    ``(A) Chronically delayed flight.--The term 
                `chronically delayed flight' means a regularly 
                scheduled flight that has failed to arrive on time (as 
                such term is defined in section 234.2 of title 14, Code 
                of Federal Regulations) at least 40 percent of the time 
                during the most recent 3-month period for which data is 
                available.
                    ``(B) Chronically canceled flight.--The term 
                `chronically canceled flight' means a regularly 
                scheduled flight at least 30 percent of the departures 
                of which have been canceled during the most recent 3-
                month period for which data is available.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.

SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Transportation shall investigate consumer complaints 
regarding--
            (1) flight cancellations;
            (2) compliance with Federal regulations concerning 
        overbooking seats flights;
            (3) lost, damaged, or delayed baggage, and difficulties 
        with related airline claims procedures;
            (4) problems in obtaining refunds for unused or lost 
        tickets or fare adjustments;
            (5) incorrect or incomplete information about fares, 
        discount fare conditions and availability, overcharges, and 
        fare increases;
            (6) the rights of passengers who hold frequent flier miles, 
        or equivalent redeemable awards earned through customer-loyalty 
        programs; and
            (7) deceptive or misleading advertising.
    (b) Budget Needs Report.--The Secretary shall provide, as an annex 
to its annual budget request, an estimate of resources which would have 
been sufficient to investigate all such claims the Department of 
Transportation received in the previous fiscal year. The annex shall be 
transmitted to the Congress when the President submits the budget of 
the United States to the Congress under section 1105 of title 31, 
United States Code.

SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER 
              PROTECTION.

    (a) In General.--The Secretary of Transportation shall establish an 
advisory committee for aviation consumer protection to advise the 
Secretary in carrying out airline customer service improvements, 
including those required by subchapter IV of chapter 417 of title 49, 
United States Code.
    (b) Membership.--The Secretary shall appoint members of the 
advisory committee comprised of one representative each of--
            (1) air carriers;
            (2) airport operators;
            (3) State or local governments who has expertise in 
        consumer protection matters; and
            (4) a nonprofit public interest group who has expertise in 
        consumer protection matters.
    (c) Vacancies.--A vacancy in the advisory committee shall be filled 
in the manner in which the original appointment was made.
    (d) Travel Expenses.--Members of the advisory committee shall serve 
without pay but shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with subchapter I of chapter 57 of 
title 5, United States Code.
    (e) Chairperson.--The Secretary shall designate, from among the 
individuals appointed under subsection (b), an individual to serve as 
chairperson of the advisory committee.
    (f) Duties.--The duties of the advisory committee shall include--
            (1) evaluating existing aviation consumer protection 
        programs and providing recommendations for the improvement of 
        such programs, if needed; and
            (2) providing recommendations to establish additional 
        aviation consumer protection programs, if needed.
    (g) Report.--Not later than February 1 of each of the first 2 
calendar years beginning after the date of enactment of this Act, the 
Secretary shall transmit to Congress a report containing--
            (1) the recommendations made by the advisory committee 
        during the preceding calendar year; and
            (2) an explanation of how the Secretary has implemented 
        each recommendation and, for each recommendation not 
        implemented, the Secretary's reason for not implementing the 
        recommendation.

SEC. 405. DISCLOSURE OF PASSENGER FEES.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall complete a rulemaking 
that requires each air carrier operating in the United States under 
part 121 of title 49, Code of Federal Regulations, to make available to 
the public and to the Secretary a list of all passenger fees and 
charges (other than airfare) that may be imposed by the air carrier, 
including fees for--
            (1) checked baggage or oversized or heavy baggage;
            (2) meals, beverages, or other refreshments;
            (3) seats in exit rows, seats with additional space, or 
        other preferred seats in any given class of travel;
            (4) purchasing tickets from an airline ticket agent or a 
        travel agency; or
            (5) any other good, service, or amenity provided by the air 
        carrier, as required by the Secretary.
    (b) Publication; Updates.--In order to ensure that the fee 
information required by subsection (a) is both current and widely 
available to the travelling public, the Secretary--
            (1) may require an air carrier to make such information on 
        any public website maintained by an air carrier, to make such 
        information available to travel agencies, and to notify 
        passengers of the availability of such information when 
        advertising airfares; and
            (2) shall require air carriers to update the information as 
        necessary, but no less frequently than every 90 days unless 
        there has been no increase in the amount or type of fees shown 
        in the most recent publication.

SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD 
              FOR AIR TRANSPORTATION.

    Section 41712 is amended by adding at the end the following:
    ``(c) Disclosure Requirement for Sellers of Tickets for Flights.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice under subsection (a) for any ticket agent, air 
        carrier, foreign air carrier, or other person offering to sell 
        tickets for air transportation on a flight of an air carrier to 
        not disclose, whether verbally in oral communication or in 
        writing in written or electronic communication, prior to the 
        purchase of a ticket--
                    ``(A) the name (including any business or corporate 
                name) of the air carrier providing the air 
                transportation; and
                    ``(B) if the flight has more than one flight 
                segment, the name of each air carrier providing the air 
                transportation for each such flight segment.
            ``(2) Internet offers.--In the case of an offer to sell 
        tickets described in paragraph (1) on an Internet Web site, 
        disclosure of the information required by paragraph (1) shall 
        be provided on the first display of the Web site following a 
        search of a requested itinerary in a format that is easily 
        visible to a viewer.''.

SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE OF AIRLINE 
              TICKETS.

    (a) In General.--The Office of Aviation Consumer Protection and 
Enforcement of the Department of Transportation shall establish rules 
to ensure that all consumers are able to easily and fairly compare 
airfares and charges paid when purchasing tickets for air 
transportation, including all taxes and fees.
    (b) Notice of Taxes and Fees Applicable to Tickets for Air 
Transportation.--Section 41712, as amended by this Act, is further 
amended by adding at the end the following:
    ``(d) Notice of Taxes and Fees Applicable to Tickets for Air 
Transportation.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice under subsection (a) for an air carrier, foreign air 
        carrier, or ticket agent to sell a ticket for air 
        transportation on the Internet unless the air carrier, foreign 
        air carrier, or ticket agent, as the case may be--
                    ``(A) displays information with respect to the 
                taxes and fees described in paragraph (2), including 
                the amount and a description of each such tax or fee, 
                in reasonable proximity to the price listed for the 
                ticket; and
                    ``(B) provides to the purchaser of the ticket 
                information with respect to the taxes and fees 
                described in paragraph (2), including the amount and a 
                description of each such tax or fee, before requiring 
                the purchaser to provide any personal information, 
                including the name, address, phone number, e-mail 
                address, or credit card information of the purchaser.
            ``(2) Taxes and fees described.--The taxes and fees 
        described in this paragraph are all taxes, fees, and charges 
        applicable to a ticket for air transportation, consisting of--
                    ``(A) all taxes, fees, charges, and surcharges 
                included in the price paid by a purchaser for the 
                ticket, including fuel surcharges and surcharges 
                relating to peak or holiday travel; and
                    ``(B) any fees for baggage, seating assignments; 
                and
                    ``(C) operational services that are charged when 
                the ticket is purchased.''.
    (c) Regulations.--The Secretary of Transportation, in consultation 
with the Administrator of the Federal Aviation Administration, shall 
prescribe such regulations as may be necessary to carry out subsection 
(d) of section 41712 of title 49, United States Code, as added by 
subsection (b) of this section.

SEC. 408. DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE OF CHILD 
              SAFETY SEATS ON AIRCRAFT.

    Not later than 180 days after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
prescribe regulations requiring each air carrier operating under part 
121 of title 14, Code of Federal Regulations, to post on the website of 
the air carrier the maximum dimensions of a child safety seat that can 
be used on each aircraft operated by the air carrier to enable 
passengers to determine which child safety seats can be used on those 
aircraft.

          SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

SEC. 411. EAS CONNECTIVITY PROGRAM.

    Section 406(a) of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 40101 note) is amended by striking 
``may'' and inserting ``shall''.

SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT 
              ELIGIBILITY.

    Section 409(d) of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking 
``September 30, 2010.'' and inserting ``September 30, 2013.''.

SEC. 413. EAS CONTRACT GUIDELINES.

    Section 41737(a)(1) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (B);
            (2) by striking ``provided.'' in subparagraph (C) and 
        inserting ``provided;''; and
            (3) by adding at the end the following:
            ``(D) include provisions under which the Secretary may 
        encourage carriers to improve air service to small and rural 
        communities by incorporating financial incentives in essential 
        air service contracts based on specified performance goals; and
            ``(E) include provisions under which the Secretary may 
        execute long-term essential air service contracts to encourage 
        carriers to provide air service to small and rural communities 
        where it would be in the public interest to do so.''.

SEC. 414. CONVERSION OF FORMER EAS AIRPORTS.

    (a) In General.--Section 41745 is amended to read as follows:
``Sec. 41745. Conversion of lost eligibility airports
    ``(a) In General.--The Secretary shall establish a program to 
provide general aviation conversion funding for airports serving 
eligible places that the Secretary has determined no longer qualify for 
a subsidy.
    ``(b) Grants.--A grant under this section--
            ``(1) may not exceed twice the compensation paid to provide 
        essential air service to the airport in the fiscal year 
        preceeding the fiscal year in which the Secretary determines 
        that the place served by the airport is no longer an eligible 
        place; and
            ``(2) may be used--
                    ``(A) for airport development (as defined in 
                section 47102(3)) that will enhance general aviation 
                capacity at the airport;
                    ``(B) to defray operating expenses, if such use is 
                approved by the Secretary; or
                    ``(C) to develop innovative air service options, 
                such as on-demand or air taxi operations, if such use 
                is approved by the Secretary.
    ``(c) AIP Requirements.--An airport sponsor that uses funds 
provided under this section for an airport development project shall 
comply with the requirements of subchapter I of chapter 471 applicable 
to airport development projects funded under that subchapter with 
respect to the project funded under this section.
    ``(d) Limitation.--The sponsor of an airport receiving funding 
under this section is not eligible for funding under section 41736.''.
    (b) Clerical Amendment.--The table of sections for chapter 417 is 
amended by striking the item relating to section 41745 and inserting 
the following:

``417454. Conversion of lost eligibility airports.''.

SEC. 415. EAS REFORM.

    Section 41742(a) is amended--
            (1) by adding at the end of paragraph (1) ``Any amount in 
        excess of $50,000,000 credited for any fiscal year to the 
        account established under section 45303(c) shall be obligated 
        for programs under section 406 of the Vision 100--Century of 
        Aviation Reauthorization Act (49 U.S.C. 40101 note) and section 
        41745 of this title. Amounts appropriated pursuant to this 
        section shall remain available until expended.''; and
            (2) by striking ``$77,000,000'' in paragraph (2) and 
        inserting ``$150,000,000''.

SEC. 416. SMALL COMMUNITY AIR SERVICE.

    (a) Priorities.--Section 41743(c)(5) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (D);
            (2) by striking ``fashion.'' in subparagraph (E) and 
        inserting ``fashion; and''; and
            (3) by adding at the end the following:
                    ``(F) multiple communities cooperate to submit a 
                region or multistate application to improve air 
                service.''.
    (b) Extension of Authorization.--Section 41743(e)(2) is amended--
            (1) by striking ``is appropriated'' and inserting ``are 
        appropriated''; and
            (2) by striking ``2009'' and inserting ``2011''.

SEC. 417. EAS MARKETING.

    The Secretary of Transportation shall require all applications to 
provide service under subchapter II of chapter 417 of title 49, United 
States Code, include a marketing plan.

SEC. 418. RURAL AVIATION IMPROVEMENT.

    (a) Communities Above Per Passenger Subsidy Cap.--
            (1) In general.--Subchapter II of chapter 417 is amended by 
        adding at the end the following:
``41749. Essential air service for eligible places above per passenger 
              subsidy cap
    ``(a) Proposals.--A State or local government may submit a proposal 
to the Secretary of Transportation for compensation for an air carrier 
to provide air transportation to a place described in subsection (b).
    ``(b) Place Described.--A place described in this subsection is a 
place--
            ``(1) that is otherwise an eligible place; and
            ``(2) for which the per passenger subsidy exceeds the 
        dollar amount allowable under this subchapter.
    ``(c) Decisions.--Not later than 90 days after receiving a proposal 
under subsection (a) for compensation for an air carrier to provide air 
transportation to a place described in subsection (b), the Secretary 
shall--
            ``(1) decide whether to provide compensation for the air 
        carrier to provide air transportation to the place; and
            ``(2) approve the proposal if the State or local government 
        or a person is willing and able to pay the difference between--
                    ``(A) the per passenger subsidy; and
                    ``(B) the dollar amount allowable for such subsidy 
                under this subchapter.
    ``(d) Compensation Payments.--
            ``(1) In general.--The Secretary shall pay compensation 
        under this section at such time and in such manner as the 
        Secretary determines is appropriate.
            ``(2) Duration of payments.--The Secretary shall continue 
        to pay compensation under this section only as long as--
                    ``(A) the State or local government or person 
                agreeing to pay compensation under subsection (c)(2) 
                continues to pay such compensation; and
                    ``(B) the Secretary decides the compensation is 
                necessary to maintain air transportation to the place.
    ``(e) Review.--
            ``(1) In general.--The Secretary shall periodically review 
        the type and level of air service provided under this section.
            ``(2) Consultation.--The Secretary may make appropriate 
        adjustments in the type and level of air service to a place 
        under this section based on the review under paragraph (1) and 
        consultation with the affected community and the State or local 
        government or person agreeing to pay compensation under 
        subsection (c)(2).
    ``(f) Ending, Suspending, and Reducing Air Transportation.--An air 
carrier providing air transportation to a place under this section may 
end, suspend, or reduce such air transportation if, not later than 30 
days before ending, suspending, or reducing such air transportation, 
the air carrier provides notice of the intent of the air carrier to 
end, suspend, or reduce such air transportation to--
            ``(1) the Secretary;
            ``(2) the affected community; and
            ``(3) the State or local government or person agreeing to 
        pay compensation under subsection (c)(2).''.
            (2) Clerical amendment.--The table of contents for chapter 
        417 is amended by adding after the item relating to section 
        41748 the following new item:

``41749. Essential air service for eligible places above per passenger 
                            subsidy cap''.
    (b) Preferred Essential Air Service.--
            (1) In general.--Subchapter II of chapter 417, as amended 
        by subsection (a), is further amended by adding after section 
        41749 the following:
``41750. Preferred essential air service
    ``(a) Proposals.--A State or local government may submit a proposal 
to the Secretary of Transportation for compensation for a preferred air 
carrier described in subsection (b) to provide air transportation to an 
eligible place.
    ``(b) Preferred Air Carrier Described.--A preferred air carrier 
described in this subsection is an air carrier that--
            ``(1) submits an application under section 41733(c) to 
        provide air transportation to an eligible place;
            ``(2) is not the air carrier that submits the lowest cost 
        bid to provide air transportation to the eligible place; and
            ``(3) is an air carrier that the affected community prefers 
        to provide air transportation to the eligible place instead of 
        the air carrier that submits the lowest cost bid.
    ``(c) Decisions.--Not later than 90 days after receiving a proposal 
under subsection (a) for compensation for a preferred air carrier 
described in subsection (b) to provide air transportation to an 
eligible place, the Secretary shall--
            ``(1) decide whether to provide compensation for the 
        preferred air carrier to provide air transportation to the 
        eligible place; and
            ``(2) approve the proposal if the State or local government 
        or a person is willing and able to pay the difference between--
                    ``(A) the rate of compensation the Secretary would 
                provide to the air carrier that submits the lowest cost 
                bid to provide air transportation to the eligible 
                place; and
                    ``(B) the rate of compensation the preferred air 
                carrier estimates to be necessary to provide air 
                transportation to the eligible place.
    ``(d) Compensation Payments.--
            ``(1) In general.--The Secretary shall pay compensation 
        under this section at such time and in such manner as the 
        Secretary determines is appropriate.
            ``(2) Duration of payments.--The Secretary shall continue 
        to pay compensation under this section only as long as--
                    ``(A) the State or local government or person 
                agreeing to pay compensation under subsection (c)(2) 
                continues to pay such compensation; and
                    ``(B) the Secretary decides the compensation is 
                necessary to maintain air transportation to the 
                eligible place.
    ``(e) Review.--
            ``(1) In general.--The Secretary shall periodically review 
        the type and level of air service provided under this section.
            ``(2) Consultation.--The Secretary may make appropriate 
        adjustments in the type and level of air service to an eligible 
        place under this section based on the review under paragraph 
        (1) and consultation with the affected community and the State 
        or local government or person agreeing to pay compensation 
        under subsection (c)(2).
    ``(f) Ending, Suspending, and Reducing Air Transportation.--A 
preferred air carrier providing air transportation to an eligible place 
under this section may end, suspend, or reduce such air transportation 
if, not later than 30 days before ending, suspending, or reducing such 
air transportation, the preferred air carrier provides notice of the 
intent of the preferred air carrier to end, suspend, or reduce such air 
transportation to--
            ``(1) the Secretary;
            ``(2) the affected community; and
            ``(3) the State or local government or person agreeing to 
        pay compensation under subsection (c)(2).''.
            (2) Clerical amendment.--The table of contents for chapter 
        417, as amended by subsection (a), is further amended by adding 
        after the item relating to section 41749 the following new 
        item:

``41750. Preferred essential air service''.
    (c) Restoration of Eligibility to a Place Determined by the 
Secretary To Be Ineligible for Subsidized Essential Air Service.--
Section 41733 is amended by adding at the end the following:
    ``(f) Restoration of Eligibility for Subsidized Essential Air 
Service.--
            ``(1) In general.--If the Secretary of Transportation 
        terminates the eligibility of an otherwise eligible place to 
        receive basic essential air service by an air carrier for 
        compensation under subsection (c), a State or local government 
        may submit to the Secretary a proposal for restoring such 
        eligibility.
            ``(2) Determination by secretary.--If the per passenger 
        subsidy required by the proposal submitted by a State or local 
        government under paragraph (1) does not exceed the per 
        passenger subsidy cap provided under this subchapter, the 
        Secretary shall issue an order restoring the eligibility of the 
        otherwise eligible place to receive basic essential air service 
        by an air carrier for compensation under subsection (c).''.
    (d) Office of Rural Aviation.--
            (1) Establishment.--There is established within the Office 
        of the Secretary of Transportation the Office of Rural 
        Aviation.
    (e) Functions.--The functions of the Office are--
            (1) to develop a uniform 4-year contract for air carriers 
        providing essential air service to communities under subchapter 
        II of chapter 417 of title 49, United States Code;
            (2) to develop a mechanism for comparing applications 
        submitted by air carriers under section 41733(c) to provide 
        essential air service to communities, including comparing--
                    (A) estimates from air carriers on--
                            (i) the cost of providing essential air 
                        service; and
                            (ii) the revenues air carriers expect to 
                        receive when providing essential air service; 
                        and
                    (B) estimated schedules for air transportation; and
            (3) to select an air carrier from among air carriers 
        applying to provide essential air service, based on the 
        criteria described in paragraph (2).
    (f) Extension of Authority To Make Agreements under the Essential 
Air Service Program.--Section 41743(e)(2) is amended by striking 
``2009'' and inserting ``2011''.
    (g) Adjustments To Compensation for Significantly Increased 
Costs.--Section 41737 is amended by adding at the end thereof the 
following:
    ``(f) Fuel Cost Subsidy Disregard.--Any amount provided as an 
adjustment in compensation pursuant to subsection (a)(1)(D) shall be 
disregarded for the purpose of determining whether the amount of 
compensation provided under this subchapter with respect to an eligible 
place exceeds the per passenger subsidy exceeds the dollar amount 
allowable under this subchapter.''.

SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.

    (a) In General.--Subchapter II of chapter 417 of title 49, United 
States Code, is amended by striking section 41747, and such title 49 
shall be applied as if such section 41747 had not been enacted.
    (b) Clerical Amendment.--The table of sections for chapter 417 of 
title 49, United States Code, is amended by striking the item relating 
to section 41747.

SEC. 420. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS THAT ARE 90 
              OR MORE MILES AWAY FROM THE NEAREST MEDIUM OR LARGE HUB 
              AIRPORT.

    (a) In General.--Section 41731(a)(1) is amended--
            (1) in subparagraph (A), by redesignating clauses (i) 
        through (iii) as subclauses (I) through (III), respectively;
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) in clause (i)(I), as redesignated, by inserting ``(A)'' 
        before ``(i)(I)'';
            (4) in subparagraph (A)(ii), as redesignated, by striking 
        the period at the end and inserting ``; and''; and
            (5) by adding at the end the following:
                    ``(B) is located not less than 90 miles from the 
                nearest medium or large hub airport.''.
            (6) The Secretary may waive the requirements of this 
        subsection as a result of geographic characteristics resulting 
        in undue difficulty accessing the nearest medium or large hub 
        airport.
    (b) Exceptions for Locations in Alaska.--Section 41731 is amended 
by adding at the end the following:
    ``(c) Exception for Locations in Alaska.--Subsection (a)(1)(B) 
shall not apply with respect to locations in the State of Alaska.''.

SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS THAT AVERAGE 
              10 OR MORE ENPLANEMENTS PER DAY.

    (a) In General.--Section 41731(a)(1) is amended--
            (1) in subparagraph (A), by redesignating clauses (i) 
        through (iii) as subclauses (I) through (III), respectively;
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) in clause (i)(I), as redesignated, by inserting ``(A)'' 
        before ``(i)(I)'';
            (4) in subparagraph (A)(ii), as redesignated, by striking 
        the period at the end and inserting ``; and''; and
            (5) by adding at the end the following:
                    ``(B) had an average of 10 enplanements per day or 
                more in the most recent calendar year for which 
                enplanement data is available to the Administrator.''.
    (b) Exceptions for Locations in Alaska.--Section 41731 is amended 
by adding at the end the following:
    ``(c) Exception for Locations in Alaska.--Subsection (a)(1)(B) 
shall not apply with respect to locations in the State of Alaska.''.
    (c) Waivers.--Such section is further amended by adding at the end 
the following:
    ``(d) Waivers.--The Administrator may waive subsection (a)(1)(B) 
with respect to a location if the Administrator determines that the 
reason the location averages fewer than 10 enplanements per day is not 
because of inherent issues with the location.''.

                       SUBTITLE C--MISCELLANEOUS

SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

    (a) In General.--Section 47129 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 47129. Resolution of airport-air carrier and foreign air carrier 
              disputes concerning airport fees'' ;
            (2) by inserting ``and Foreign Air Carrier'' after 
        ``Carrier''  in the heading for subsection (d);
            (3) by inserting ``and foreign air carrier'' after 
        ``Carrier'' in the heading for subsection (d)(2);
            (4) by striking ``air carrier'' each place it appears and 
        inserting ``air carrier or foreign air carrier'';
            (5) by striking ``air carrier's'' each place it appears and 
        inserting ``air carrier's or foreign air carrier's'';
            (6) by striking ``air carriers'' and inserting ``air 
        carriers or foreign air carriers''; and
            (7) by striking ``(as defined in section 40102 of this 
        title)'' in subsection (a) and inserting ``(as those terms are 
        defined in section 40102 of this title)''.
    (b) Conforming Amendment.--The table of contents for chapter 471 is 
amended by striking the item relating to section 47129 and inserting 
the following:

``47129. Resolution of airport-air carrier and foreign air carrier 
                            disputes concerning airport fees''.

SEC. 432. CONTRACT TOWER PROGRAM.

    (a) Cost-Benefit Requirement.--Section 47124(b)(1) is amended--
            (1) by inserting ``(A)'' after ``(1)''; and
            (2) by adding at the end the following:
    ``(B) If the Secretary determines that a tower already operating 
under this program has a benefit to cost ratio of less than 1.0, the 
airport sponsor or State or local government having jurisdiction over 
the airport shall not be required to pay the portion of the costs that 
exceeds the benefit for a period of 18 months after such determination 
is made.
    ``(C) If the Secretary finds that all or part of an amount made 
available to carry out the program continued under this paragraph is 
not required during a fiscal year, the Secretary may use during such 
fiscal year the amount not so required to carry out the program 
established under paragraph (3) of this section.''.
    (b) Costs Exceeding Benefits.--Subparagraph (D) of section 
47124(b)(3) is amended--
            (1) by striking ``benefit.'' and inserting ``benefit, with 
        the maximum allowable local cost share capped at 20 percent.''.
    (c) Funding.--Subparagraph (E) of section 47124(b)(3) is amended--
            (1) by striking ``and'' after ``2006,''; and
            (2) by striking ``2007'' and inserting ``2007, $9,500,000 
        for fiscal year 2010, and $10,000,000 for fiscal year 2011'' 
        after ``2007,''; and
            (3) by inserting after ``paragraph.'' the following: ``If 
        the Secretary finds that all or part of an amount made 
        available under this subparagraph is not required during a 
        fiscal year to carry out this paragraph, the Secretary may use 
        during such fiscal year the amount not so required to carry out 
        the program continued under subsection (b)(1) of this 
        section.''.
    (d) Federal Share.--Subparagraph (C) of section 47124(b)(4) is 
amended by striking ``$1,500,000.'' and inserting ``$2,000,000.''.
    (e) Safety Audits.--Section 41724 is amended by adding at the end 
the following:
    ``(c)  Safety Audits.--The Secretary shall establish uniform 
standards and requirements for safety assessments of air traffic 
control towers that receive funding under this section in accordance 
with the Administration's safety management system.''.

SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

    (a) Findings.--The Congress finds that--
            (1) the Armed Forces is comprised of approximately 
        1,450,000 members who are stationed on active duty at more than 
        6,000 military bases in 146 different countries;
            (2) the United States is indebted to the members of the 
        Armed Forces, many of whom are in grave danger due to their 
        engagement in, or exposure to, combat;
            (3) military service, especially in the current war against 
        terrorism, often requires members of the Armed Forces to be 
        separated from their families on short notice, for long periods 
        of time, and under very stressful conditions;
            (4) the unique demands of military service often preclude 
        members of the Armed Forces from purchasing discounted advance 
        airline tickets in order to visit their loved ones at home; and
            (5) it is the patriotic duty of the people of the United 
        States to support the members of the Armed Forces who are 
        defending the Nation's interests around the world at great 
        personal sacrifice.
    (b) Sense of Congress.--It is the sense of Congress that each 
United States air carrier should--
            (1) establish for all members of the Armed Forces on active 
        duty reduced air fares that are comparable to the lowest 
        airfare for ticketed flights; and
            (2) offer flexible terms that allow members of the Armed 
        Forces on active duty to purchase, modify, or cancel tickets 
        without time restrictions, fees (including baggage fees), 
        ancillary costs, or penalties.

SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS VEGAS 
              MCCARRAN INTERNATIONAL AIRPORT ENVIRONS OVERLAY DISTRICT 
              FOR TRANSIENT LODGING AND ASSOCIATED FACILITIES.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), Clark County, Nevada, is 
authorized to permit transient lodging, including hotels, and 
associated facilities, including enclosed auditoriums, concert halls, 
sports arenas, and places of public assembly, on lands in the Las Vegas 
McCarran International Airport Environs Overlay District that fall 
below the forecasted 2017 65 dB day-night annual average noise level 
(DNL), as identified in the Noise Exposure Map Notice published by the 
Federal Aviation Administration in the Federal Register on July 24, 
2007 (72 Fed. Reg. 40357), and adopted into the Clark County 
Development Code in June 2008.
    (b) Limitation.--No structure may be permitted under subsection (a) 
that would constitute a hazard to air navigation, result in an increase 
to minimum flight altitudes, or otherwise pose a significant adverse 
impact on airport or aircraft operations.

                            TITLE V--SAFETY

                      SUBTITLE A--AVIATION SAFETY

SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN.

    Not later than December 31, 2009, the Administrator of the Federal 
Aviation Administration shall issue a plan to develop an installation 
and deployment schedule for systems the Administration is installing to 
alert controllers and flight crews to potential runway incursions. The 
plan shall be integrated into the annual Federal Aviation 
Administration NextGen Implementation Plan.

SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

    (a) Judicial Review of NTSB Decisions.--Section 44703(d) is amended 
by adding at the end the following:
    ``(3) Judicial review.--A person substantially affected by an order 
of the Board under this subsection, or the Administrator when the 
Administrator decides that an order of the Board will have a 
significant adverse impact on carrying out this part, may obtain 
judicial review of the order under section 46110 of this title. The 
Administrator shall be made a party to the judicial review proceedings. 
The findings of fact of the Board in any such case are conclusive if 
supported by substantial evidence.''.
    (b) Conforming Amendment.--Section 1153(c) is amended by striking 
``section 44709 or'' and inserting ``section 44703(d), 44709, or''.

SEC. 503. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND 
              SUPPLEMENTAL TYPE CERTIFICATES.

    Section 44704(a) is amended by adding at the end the following:
    ``(5) Release of data.--
            ``(A) Notwithstanding any other provision of law, the 
        Administrator may designate, without the consent of the owner 
        of record, engineering data in the agency's possession related 
        to a type certificate or a supplemental type certificate for an 
        aircraft, engine, propeller or appliance as public data, and 
        therefore releasable, upon request, to a person seeking to 
        maintain the airworthiness of such product, if the 
        Administrator determines that--
                    ``(i) the certificate containing the requested data 
                has been inactive for 3 years;
                    ``(ii) the owner of record, or the owner of 
                record's heir, of the type certificate or supplemental 
                certificate has not been located despite a search of 
                due diligence by the agency; and
                    ``(iii) the designation of such data as public data 
                will enhance aviation safety.
            ``(B) In this section, the term `engineering data' means 
        type design drawings and specifications for the entire product 
        or change to the product, including the original design data, 
        and any associated supplier data for individual parts or 
        components approved as part of the particular aeronautical 
        product certificate.''.

SEC. 504. DESIGN ORGANIZATION CERTIFICATES.

    Section 44704(e) is amended--
            (1) by striking ``Beginning 7 years after the date of 
        enactment of this subsection,'' in paragraph (1) and inserting 
        ``Effective January 1, 2013,'';
            (2) by striking ``testing'' in paragraph (2) and inserting 
        ``production''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Issuance of certificate based on design organization 
        certification.--The Administrator may rely on the Design 
        Organization for certification of compliance under this 
        section.''.

SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR DATABASE SYSTEMS.

    (a) In General.--Chapter 401 is amended by adding at the end 
thereof the following:
``Sec. 40130. FAA access to criminal history records or databases 
              systems
    ``(a) Access to Records or Databases Systems.--
            ``(1) Notwithstanding section 534 of title 28 and the 
        implementing regulations for such section (28 C.F.R. part 20), 
        the Administrator of the Federal Aviation Administration is 
        authorized to access a system of documented criminal justice 
        information maintained by the Department of Justice or by a 
        State but may do so only for the purpose of carrying out its 
        civil and administrative responsibilities to protect the safety 
        and security of the National Airspace System or to support the 
        missions of the Department of Justice, the Department of 
        Homeland Security, and other law enforcement agencies. The 
        Administrator shall be subject to the same conditions or 
        procedures established by the Department of Justice or State 
        for access to such an information system by other governmental 
        agencies with access to the system.
            ``(2) The Administrator may not use the access authorized 
        under paragraph (1) to conduct criminal investigations.
    ``(b) Designated Employees.--The Administrator shall, by order, 
designate those employees of the Administration who shall carry out the 
authority described in subsection (a). Such designated employees may--
            ``(1) have access to and receive criminal history, driver, 
        vehicle, and other law enforcement information contained in the 
        law enforcement databases of the Department of Justice, or of 
        any jurisdiction in a State in the same manner as a police 
        officer employed by a State or local authority of that State 
        who is certified or commissioned under the laws of that State;
            ``(2) use any radio, data link, or warning system of the 
        Federal Government and of any jurisdiction in a State that 
        provides information about wanted persons, be-on-the-lookout 
        notices, or warrant status or other officer safety information 
        to which a police officer employed by a State or local 
        authority in that State who is certified or commission under 
        the laws of that State has access and in the same manner as 
        such police officer; or
            ``(3) receive Federal, State, or local government 
        communications with a police officer employed by a State or 
        local authority in that State in the same manner as a police 
        officer employed by a State or local authority in that State 
        who is commissioned under the laws of that State.
    ``(c) System of Documented Criminal Justice Information Defined.--
In this section the term `system of documented criminal justice 
information' means any law enforcement databases, systems, or 
communications containing information concerning identification, 
criminal history, arrests, convictions, arrest warrants, or wanted or 
missing persons, including the National Crime Information Center and 
its incorporated criminal history databases and the National Law 
Enforcement Telecommunications System.''.
    (b) Conforming Amendment.--The table of contents for chapter 401 is 
amended by inserting after the item relating to section 40129 the 
following:

``40130. FAA access to criminal history records or databases systems''.

SEC. 506. PILOT FATIGUE.

    (a) Flight and Duty Time Regulations.--
            (1) In general.--In accordance with paragraph (2), the 
        Administrator of the Federal Aviation Administration shall 
        issue regulations, based on the best available scientific 
        information--
                    (A) to specify limitations on the hours of flight 
                and duty time allowed for pilots to address problems 
                relating to pilot fatigue; and
                    (B) to require part 121 air carriers to develop and 
                implement fatigue risk management plans.
            (2) Deadlines.--The Administrator shall issue--
                    (A) not later than 180 days after the date of 
                enactment of this Act, a notice of proposed rulemaking 
                under paragraph (1); and
                    (B) not later than one year after the date of 
                enactment of this Act, a final rule under paragraph 
                (1).
    (b) Fatigue Risk Management Plan.--
            (1) Submission of fatigue risk management plan by part 121 
        air carriers.--Not later than 90 days after the date of 
        enactment of this Act, each part 121 air carrier shall submit 
        to the Administrator for review and approval a fatigue risk 
        management plan.
            (2) Contents of plan.--A fatigue risk management plan 
        submitted by a part 121 air carrier under paragraph (1) shall 
        include the following:
                    (A) Current flight time and duty period 
                limitations.
                    (B) A rest scheme that enables the management of 
                fatigue, including annual training to increase 
                awareness of--
                            (i) fatigue;
                            (ii) the effects of fatigue on pilots; and
                            (iii) fatigue countermeasures.
                    (C) Development and use of a methodology that 
                continually assesses the effectiveness of the program, 
                including the ability of the program--
                            (i) to improve alertness; and
                            (ii) to mitigate performance errors.
            (3) Plan updates.--A part 121 air carrier shall update its 
        fatigue risk management plan under paragraph (1) every 2 years 
        and submit the update to the Administrator for review and 
        approval.
            (4) Approval.--
                    (A) Initial approval or modification.--Not later 
                than 9 months after the date of enactment of this Act, 
                the Administrator shall review and approve or require 
                modification to fatigue risk management plans submitted 
                under this subsection to ensure that pilots are not 
                operating aircraft while fatigued.
                    (B) Update approval or modification.--Not later 
                than 9 months after submission of a plan update under 
                paragraph (3), the Administrator shall review and 
                approve or require modification to such update.
            (5) Civil penalties.--A violation of this subsection by a 
        part 121 air carrier shall be treated as a violation of chapter 
        447 of title 49, United States Code, for purposes of the 
        application of civil penalties under chapter 463 of that title.
            (6) Limitation on applicability.--The requirements of this 
        subsection shall cease to apply to a part 121 air carrier on 
        and after the effective date of the regulations to be issued 
        under subsection (a).
    (c) Effect of Commuting on Fatigue.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Administrator shall enter into 
        appropriate arrangements with the National Academy of Sciences 
        to conduct a study of the effects of commuting on pilot fatigue 
        and report its findings to the Administrator.
            (2) Study.--In conducting the study, the National Academy 
        of Sciences shall consider--
                    (A) the prevalence of pilot commuting in the 
                commercial air carrier industry, including the number 
                and percentage of pilots who commute;
                    (B) information relating to commuting by pilots, 
                including distances traveled, time zones crossed, time 
                spent, and methods used;
                    (C) research on the impact of commuting on pilot 
                fatigue, sleep, and circadian rhythms;
                    (D) commuting policies of commercial air carriers 
                (including passenger and all-cargo air carriers), 
                including pilot check-in requirements and sick leave 
                and fatigue policies;
                    (E) post-conference materials from the Federal 
                Aviation Administration's June 2008 symposium entitled 
                ``Aviation Fatigue Management Symposium: Partnerships 
                for Solutions'';
                    (F) Federal Aviation Administration and 
                international policies and guidance regarding 
                commuting; and
                    (G) any other matters as the Administrator 
                considers appropriate.
            (3) Preliminary findings.--Not later than 90 days after the 
        date of entering into arrangements under paragraph (1), the 
        National Academy of Sciences shall submit to the Administrator 
        its preliminary findings under the study.
            (4) Report.--Not later than 6 months after the date of 
        entering into arrangements under paragraph (1), the National 
        Academy of Sciences shall submit a report to the Administrator 
        containing its findings under the study and any recommendations 
        for regulatory or administrative actions by the Federal 
        Aviation Administration concerning commuting by pilots.
            (5) Rulemaking.--Following receipt of the report of the 
        National Academy of Sciences under paragraph (4), the 
        Administrator shall--
                    (A) consider the findings and recommendations in 
                the report; and
                    (B) update, as appropriate based on scientific 
                data, regulations required by subsection (a) on flight 
                and duty time.

SEC. 507. INCREASING SAFETY FOR HELICOPTER AND FIXED WING EMERGENCY 
              MEDICAL SERVICE OPERATORS AND PATIENTS.

    (a) Compliance Regulations.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 18 months after the date of enactment of this Act, 
        helicopter and fixed wing aircraft certificate holders 
        providing emergency medical services shall comply with part 135 
        of title 14, Code of Federal Regulations, if there is a medical 
        crew on board, without regard to whether there are patients on 
        board.
            (2) Exception.--If a certificate holder described in 
        paragraph (1) is operating under instrument flight rules or is 
        carrying out training therefor--
                    (A) the weather minimums and duty and rest time 
                regulations under such part 135 of such title shall 
                apply; and
                    (B) the weather reporting requirement at the 
                destination shall not apply until such time as the 
                Administrator of the Federal Aviation Administration 
                determines that portable, reliable, and accurate 
                ground-based weather measuring and reporting systems 
                are available.
    (b) Implementation of Flight Risk Evaluation Program.--
            (1) Initiation.--Not later than 60 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall initiate a rulemaking--
                    (A) to create a standardized checklist of risk 
                evaluation factors based on Notice 8000.301, which was 
                issued by the Administration on August 1, 2005; and
                    (B) to require helicopter and fixed wing aircraft 
                emergency medical service operators to use the 
                checklist created under subparagraph (A) to determine 
                whether a mission should be accepted.
            (2) Completion.--The rulemaking initiated under paragraph 
        (1) shall be completed not later than 18 months after it is 
        initiated.
    (c) Comprehensive Consistent Flight Dispatch Procedures.--
            (1) Initiation.--Not later than 60 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall initiate a rulemaking--
                    (A) to require that helicopter and fixed wing 
                emergency medical service operators formalize and 
                implement performance based flight dispatch and flight-
                following procedures; and
                    (B) to develop a method to assess and ensure that 
                such operators comply with the requirements described 
                in subparagraph (A).
            (2) Completion.--The rulemaking initiated under paragraph 
        (1) shall be completed not later than 18 months after it is 
        initiated.
    (d) Improving Situational Awareness.--Within 1 year after the date 
of enactment of this Act, any helicopter or fixed-wing aircraft used 
for emergency medical service shall have on board a device that 
performs the function of a terrain awareness and warning system and a 
means of displaying that information that meets the requirements of the 
applicable Federal Aviation Administration Technical Standard Order or 
other guidance prescribed by the Administrator.
    (e) Improving the Data Available on Air Medical Operations.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall require each certificate holder for 
        helicopters and fixed-wing aircraft used for emergency medical 
        service operations to report not later than 1 year after the 
        date of enactment of this Act and annually thereafter on--
                    (A) the number of aircraft and helicopters used to 
                provide air ambulance services, the registration number 
                of each of these aircraft or helicopters, and the base 
                location of each of these aircraft or helicopters;
                    (B) the number of flights and hours flown by each 
                such aircraft or helicopter used by the certificate 
                holder to provide such services during the reporting 
                period;
                    (C) the number of flights and the purpose of each 
                flight for each aircraft or helicopter used by the 
                certificate holder to provide such services during the 
                reporting period;
                    (D) the number of flight requests for a helicopter 
                providing helicopter air ambulance services that were 
                accepted or declined by the certificate holder and the 
                type of each such flight request (such as scene 
                response, inter-facility transport, organ transport, or 
                ferry or repositioning flight);
                    (E) the number of accidents involving helicopters 
                operated by the certificate holder while providing 
                helicopter air ambulance services and a description of 
                the accidents;
                    (F) the number of flights and hours flown under 
                instrument flight rules by helicopters operated by the 
                certificate holder while providing helicopter air 
                ambulance services;
                    (G) the time of day of each flight flown by 
                helicopters operated by the certificate holder while 
                providing helicopter air ambulance services; and
                    (H) The number of incidents where more helicopters 
                arrive to transport patients than is needed in a flight 
                request or scene response.
            (2) Report to Congress.--The Administrator of the Federal 
        Aviation Administration shall report to Congress on the 
        information received pursuant to paragraph (1) of this 
        subsection no later than 18 months after the date of enactment 
        of this Act.
    (f) Improving the Data Available to NTSB Investigators at Crash 
Sites.--
            (1) Study.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall issue a report that indicates the 
        availability, survivability, size, weight, and cost of devices 
        that perform the function of recording voice communications and 
        flight data information on existing and new helicopters and 
        existing and new fixed wing aircraft used for emergency medical 
        service operations.
            (2) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall issue regulations that require 
        devices that perform the function of recording voice 
        communications and flight data information on board aircraft 
        described in paragraph (1).

SEC. 508. CABIN CREW COMMUNICATION.

    (a) In General.--Section 44728 is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Minimum Language Skills.--
            ``(1) In general.--No certificate holder may use any person 
        to serve, nor may any person serve, as a flight attendant under 
        this part, unless that person has demonstrated to an individual 
        qualified to determine proficiency the ability to read, speak, 
        and write English well enough to--
                    ``(A) read material written in English and 
                comprehend the information;
                    ``(B) speak and understand English sufficiently to 
                provide direction to, and understand and answer 
                questions from, English-speaking individuals;
                    ``(C) write incident reports and statements and log 
                entries and statements; and
                    ``(D) carry out written and oral instructions 
                regarding the proper performance of their duties.
            ``(2) Foreign flights.--The requirements of paragraph (1) 
        do not apply to service as a flight attendant serving solely 
        between points outside the United States.''.
    (b) Administration.--The Administrator of the Federal Aviation 
Administration shall work with certificate holders to which section 
44728(f) of title 49, United States Code, applies to facilitate 
compliance with the requirements of section 44728(f)(1) of that title.

SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH OSHA.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall--
            (1) establish milestones, in consultation with the 
        Occupational Safety and Health Administration, through a report 
        to Congress for the completion of work begun under the August 
        2000 memorandum of understanding between the 2 Administrations 
        and to address issues needing further action in the 
        Administrations' joint report in December 2000; and
            (2) initiate development of a policy statement to set forth 
        the circumstances in which Occupational Safety and Health 
        Administration requirements may be applied to crewmembers while 
        working in the aircraft.
    (b) Policy Statement.--The policy statement to be developed under 
subsection (a)(2) shall be completed within 18 months after the date of 
enactment of this Act and shall satisfy the following principles:
            (1) The establishment of a coordinating body similar to the 
        Aviation Safety and Health Joint Team established by the August 
        2000 memorandum of understanding that includes representatives 
        designated by both Administrations--
                    (A) to examine the applicability of current and 
                future Occupational Safety and Health Administration 
                regulations;
                    (B) to recommend policies for facilitating the 
                training of Federal Aviation Administration inspectors; 
                and
                    (C) to make recommendations that will govern the 
                inspection and enforcement of safety and health 
                standards on board aircraft in operation and all work-
                related environments.
            (2) Any standards adopted by the Federal Aviation 
        Administration shall set forth clearly--
                    (A) the circumstances under which an employer is 
                required to take action to address occupational safety 
                and health hazards;
                    (B) the measures required of an employer under the 
                standard; and
                    (C) the compliance obligations of an employer under 
                the standard.

SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLEMENTATION OF REQUIRED 
              NAVIGATION PERFORMANCE APPROACH PROCEDURES.

    (a) In General.--
            (1) Annual minimum required navigation performance 
        procedures.--The Administrator shall set a target of achieving 
        a minimum of 200 Required Navigation Performance procedures 
        each fiscal year through fiscal year 2012, with 25 percent of 
        that target number meeting the low visibility approach criteria 
        consistent with the NextGen Implementation Plan.
            (2) Use of third parties.--The Administrator is authorized 
        to provide third parties the ability to design, flight check, 
        and implement Required Navigation Performance approach 
        procedures.
    (b) DOT Inspector General Review of Operational and Approach 
Procedures by a Third Party.--
            (1) Review.--The Inspector General of the Department of 
        Transportation shall conduct a review regarding the 
        effectiveness of the oversight activities conducted by the 
        Administration in connection with any agreement with or 
        delegation of authority to a third party for the development of 
        flight procedures, including public use procedures, for the 
        National Airspace System.
            (2) Assessments.--The Inspector General shall include, at a 
        minimum, in the review--
                    (A) an assessment of the extent to which the 
                Administration is relying or intends to rely on a third 
                party for the development of new procedures and a 
                determination of whether the Administration has 
                established sufficient mechanisms and staffing to 
                provide safety oversight functions, which may include 
                quality assurance processes, flight checks, integration 
                of procedures into the National Aviation System, and 
                operational assessments of procedures developed by 
                third parties; and
                    (B) an assessment regarding whether the 
                Administration has sufficient existing personnel and 
                technical resources or mechanisms to develop such 
                flight procedures in a safe and efficient manner to 
                meet the demands of the National Airspace System 
                without the use of third party resources.
    (c) Report.--No later than 1 year after the date of enactment of 
this Act, the Inspector General shall submit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure a report on the results 
of the review conducted under this section.

SEC. 511. IMPROVED SAFETY INFORMATION.

    Not later than December 31, 2009, the Administrator of the Federal 
Aviation Administration shall issue a final rule in docket No. FAA-
2008-0188, Re-registration and Renewal of Aircraft Registration. The 
final rule shall include--
            (1) provision for the expiration of a certificate for an 
        aircraft registered as of the date of enactment of this Act, 
        with re-registration requirements for those aircraft that 
        remain eligible for registration;
            (2) provision for the periodic expiration of all 
        certificates issued after the effective date of the rule with a 
        registration renewal process; and
            (3) other measures to promote the accuracy and efficient 
        operation and value of the Administration's aircraft registry.

SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS IMPROVEMENTS.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall--
            (1) take such action as may be necessary to ensure that the 
        Voluntary Disclosure Reporting Process requires inspectors--
                    (A) to evaluate corrective action proposed by an 
                air carrier with respect to a matter disclosed by that 
                air carrier is sufficiently comprehensive in scope and 
                application and applies to all affected aircraft 
                operated by that air carrier before accepting the 
                proposed voluntary disclosure;
                    (B) to verify that corrective action so identified 
                by an air carrier is completed within the timeframe 
                proposed; and
                    (C) to verify by inspection that the carrier's 
                corrective action adequately corrects the problem that 
                was disclosed; and
            (2) establish a second level supervisory review of 
        disclosures under the Voluntary Disclosure Reporting Process 
        before any proposed disclosure is accepted and closed that will 
        ensure that a matter disclosed by an air carrier--
                    (A) has not been previously identified by a Federal 
                Aviation Administration inspector; and
                    (B) has not been previously disclosed by the 
                carrier in the preceding 5 years.
    (b) GAO Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the Voluntary Disclosure Reporting Program.
            (2) Review.--In conducting the study, the Comptroller 
        General shall examine, at a minimum, whether--
                    (A) there is evidence that voluntary disclosure is 
                resulting in regulated entities discovering and 
                correcting violations to a greater extent than would 
                otherwise occur if there was no program for immunity 
                from enforcement action;
                    (B) the voluntary disclosure program makes the 
                Federal Aviation Administration aware of violations 
                that it would not have discovered if there was not a 
                program, and if a violation is disclosed voluntarily, 
                whether the Administration insists on stronger 
                corrective actions than would have occurred if the 
                regulated entity knew of a violation, but the 
                Administration did not;
                    (C) the information the Administration gets under 
                the program leads to fewer violations by other 
                entities, either because the information leads other 
                entities to look for similar violations or because the 
                information leads Administration investigators to look 
                for similar violations at other entities; and
                    (D) there is any evidence that voluntary disclosure 
                has improved compliance with regulations, either for 
                the entities making disclosures or for the industry 
                generally.
            (3) Report.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit a 
        report to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure on the results of the study 
        conducted under this subsection.

SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS.

    (a) In General.--Section 44711 is amended by adding at the end the 
following:
    ``(d) Post-employment restrictions for flight standards 
inspectors.--
            ``(1) Prohibition.--A person holding an operating 
        certificate issued under title 14, Code of Federal Regulations, 
        may not knowingly employ, or make a contractual arrangement 
        which permits, an individual to act as an agent or 
        representative of the certificate holder in any matter before 
        the Federal Aviation Administration if the individual, in the 
        preceding 3-year period--
                    ``(A) served as, or was responsible for oversight 
                of, a flight standards inspector of the Administration; 
                and
                    ``(B) had responsibility to inspect, or oversee 
                inspection of, the operations of the certificate 
                holder.
            ``(2) Written and oral communications.--For purposes of 
        paragraph (1), an individual shall be considered to be acting 
        as an agent or representative of a certificate holder in a 
        matter before the Federal Aviation Administration if the 
        individual makes any written or oral communication on behalf of 
        the certificate holder to the Administration (or any of its 
        officers or employees) in connection with a particular matter, 
        whether or not involving a specific party and without regard to 
        whether the individual has participated in, or had 
        responsibility for, the particular matter while serving as a 
        flight standards inspector of the Administration.''.
    (b) Applicability.--The amendment made by subsection (a) shall not 
apply to an individual employed by a certificate holder as of the date 
of enactment of this Act.

SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES.

    Within 30 days after the date of enactment of this Act, the 
Comptroller General shall initiate a review and investigation of air 
safety issues identified by Federal Aviation Administration employees 
and reported to the Administrator. The Comptroller General shall report 
the Government Accountability Office's findings and recommendations to 
the Administrator, the Senate Committee on Commerce, Science, and 
Transportation, and the House of Representatives Committee on 
Transportation and Infrastructure on an annual basis.

SEC. 515. NATIONAL REVIEW TEAM.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall establish a national review team within the Administration to 
conduct periodic, unannounced, and random reviews of the 
Administration's oversight of air carriers and report annually its 
findings and recommendations to the Administrator, the Senate Commerce, 
Science, and Transportation Committee, and the House of Representatives 
Committee on Transportation and Infrastructure.
    (b) Limitation.--The Administrator shall prohibit a member of the 
National Review Team from participating in any review or audit of an 
air carrier under subsection (a) if the member has previously had 
responsibility for inspecting, or overseeing the inspection of, the 
operations of that air carrier.
    (c) Inspector General Reports.--The Inspector General of the 
Department of Transportation shall provide progress reports to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure on 
the review teams and their effectiveness.

SEC. 516. FAA ACADEMY IMPROVEMENTS.

    (a) Review.--Within 1 year after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall conduct 
a comprehensive review and evaluation of its Academy and facility 
training efforts.
    (b) Facility Training Program.--The Administrator shall--
            (1) clarify responsibility for oversight and direction of 
        the Academy's facility training program at the national level;
            (2) communicate information concerning that responsibility 
        to facility managers; and
            (3) establish standards to identify the number of 
        developmental controllers that can be accommodated at each 
        facility, based on--
                    (A) the number of available on-the-job-training 
                instructors;
                    (B) available classroom space;
                    (C) the number of available simulators;
                    (D) training requirements; and
                    (E) the number of recently placed new personnel 
                already in training.

SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPERATIONAL ERRORS.

    (a) Plan.--The Administrator of the Federal Aviation Administration 
shall develop a plan for the reduction of runway incursions by 
reviewing every commercial service airport (as defined in section 47102 
of title 49, United States Code) in the United States and initiating 
action to improve airport lighting, provide better signage, and improve 
runway and taxiway markings.
    (b) Process.--Within 1 year after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
develop a process for tracking and investigating operational errors and 
runway incursions that includes--
            (1) identifying the office responsible for establishing 
        regulations regarding operational errors and runway incursions;
            (2) identifying who is responsible for tracking and 
        investigating operational errors and runway incursions and 
        taking remedial actions;
            (3) identifying who is responsible for tracking operational 
        errors and runway incursions, including a process for lower 
        level employees to report to higher supervisory levels; and
            (4) periodic random audits of the oversight process.

SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

    Section 106 is amended by adding at the end the following:
    ``(s) Aviation Safety Whistleblower Investigation Office.--
            ``(1) Establishment.--There is established in the 
        Administration an Aviation Safety Whistleblower Investigation 
        Office.
            ``(2) Director.--
                    ``(A) Appointment.--The head of the Office shall be 
                the Director, who shall be appointed by the Secretary 
                of Transportation.
                    ``(B) Qualifications.--The Director shall have a 
                demonstrated ability in investigations and knowledge of 
                or experience in aviation.
                    ``(C) Term.--The Director shall be appointed for a 
                term of 5 years.
                    ``(D) Vacancy.--Any individual appointed to fill a 
                vacancy in the position of the Director occurring 
                before the expiration of the term for which the 
                individual's predecessor was appointed shall be 
                appointed for the remainder of that term.
            ``(3) Complaints and investigations.--
                    ``(A) Authority of director.--The Director shall--
                            ``(i) receive complaints and information 
                        submitted by employees of persons holding 
                        certificates issued under title 14, Code of 
                        Federal Regulations, and employees of the 
                        Administration concerning the possible 
                        existence of an activity relating to a 
                        violation of an order, regulation, or standard 
                        of the Administration or any other provision of 
                        Federal law relating to aviation safety;
                            ``(ii) assess complaints and information 
                        submitted under clause (i) and determine 
                        whether a substantial likelihood exists that a 
                        violation of an order, regulation, or standard 
                        of the Administration or any other provision of 
                        Federal law relating to aviation safety may 
                        have occurred; and
                            ``(iii) based on findings of the assessment 
                        conducted under clause (ii), make 
                        recommendations to the Administrator in writing 
                        for further investigation or corrective 
                        actions.
                    ``(B) Disclosure of identities.--The Director shall 
                not disclose the identity of an individual who submits 
                a complaint or information under subparagraph (A)(i) 
                unless--
                            ``(i) the individual consents to the 
                        disclosure in writing; or
                            ``(ii) the Director determines, in the 
                        course of an investigation, that the disclosure 
                        is unavoidable.
                    ``(C) Independence of director.--The Secretary, the 
                Administrator, or any officer or employee of the 
                Administration may not prevent or prohibit the Director 
                from initiating, carrying out, or completing any 
                assessment of a complaint or information submitted 
                subparagraph (A)(i) or from reporting to Congress on 
                any such assessment.
                    ``(D) Access to information.--In conducting an 
                assessment of a complaint or information submitted 
                under subparagraph (A)(i), the Director shall have 
                access to all records, reports, audits, reviews, 
                documents, papers, recommendations, and other material 
                necessary to determine whether a substantial likelihood 
                exists that a violation of an order, regulation, or 
                standard of the Administration or any other provision 
                of Federal law relating to aviation safety may have 
                occurred.
                    ``(4) Responses to recommendations.--The 
                Administrator shall respond to a recommendation made by 
                the Director under subparagraph (A)(iii) in writing and 
                retain records related to any further investigations or 
                corrective actions taken in response to the 
                recommendation.
            ``(5) Incident reports.--If the Director determines there 
        is a substantial likelihood that a violation of an order, 
        regulation, or standard of the Administration or any other 
        provision of Federal law relating to aviation safety may have 
        occurred that requires immediate corrective action, the 
        Director shall report the potential violation expeditiously to 
        the Administrator and the Inspector General of the Department 
        of Transportation.
            ``(6) Reporting of criminal violations to inspector 
        general.--If the Director has reasonable grounds to believe 
        that there has been a violation of Federal criminal law, the 
        Director shall report the violation expeditiously to the 
        Inspector General.
            ``(7) Annual reports to congress.--Not later than October 1 
        of each year, the Director shall submit to Congress a report 
        containing--
                    ``(A) information on the number of submissions of 
                complaints and information received by the Director 
                under paragraph (3)(A)(i) in the preceding 12-month 
                period;
                    ``(B) summaries of those submissions;
                    ``(C) summaries of further investigations and 
                corrective actions recommended in response to the 
                submissions; and
                    ``(D) summaries of the responses of the 
                Administrator to such recommendations.''.

SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

    (a) Modification of Initiative.--Not later than 90 days after the 
date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall modify the customer service initiative, 
mission and vision statements, and other statements of policy of the 
Administration--
            (1) to remove any reference to air carriers or other 
        entities regulated by the Administration as ``customers'';
            (2) to clarify that in regulating safety the only customers 
        of the Administration are members of the traveling public; and
            (3) to clarify that air carriers and other entities 
        regulated by the Administration do not have the right to select 
        the employees of the Administration who will inspect their 
        operations.
    (b) Safety Priority.--In carrying out the Administrator's 
responsibilities, the Administrator shall ensure that safety is given a 
higher priority than preventing the dissatisfaction of an air carrier 
or other entity regulated by the Administration with an employee of the 
Administration.

SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM 
              DATABASE.

    (a) Reviews.--The Administrator of the Federal Aviation 
Administration shall establish a process by which the air 
transportation oversight system database of the Administration is 
reviewed by a team of employees of the Agency on a monthly basis to 
ensure that--
            (1) any trends in regulatory compliance are identified; and
            (2) appropriate corrective actions are taken in accordance 
        with Agency regulations, advisory directives, policies, and 
        procedures.
    (b) Monthly Team Reports.--
            (1) In general.--The team of employees conducting a monthly 
        review of the air transportation oversight system database 
        under subsection (a) shall submit to the Administrator, the 
        Associate Administrator for Aviation Safety, and the Director 
        of Flight Standards a report on the results of the review.
            (2) Contents.--A report submitted under paragraph (1) shall 
        identify--
                    (A) any trends in regulatory compliance discovered 
                by the team of employees in conducting the monthly 
                review; and
                    (B) any corrective actions taken or proposed to be 
                taken in response to the trends.
    (c) Quarterly Reports to Congress.--The Administrator, on a 
quarterly basis, shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on the results of 
reviews of the air transportation oversight system database conducted 
under this section, including copies of reports received under 
subsection (b).

SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS.

    (a) In General.--Chapter 447 is amended by adding at the end the 
following:
``44730. Inspection of foreign repair stations
    ``(a) In General.--Within 1 year after the date of enactment of the 
FAA Air Transportation Modernization and Safety Improvement Act the 
Administrator of the Federal Aviation Administration shall establish 
and implement a safety assessment system for all part 145 repair 
stations based on the type, scope, and complexity of work being 
performed. The system shall--
            ``(1) ensure that repair stations outside the United States 
        are subject to appropriate inspections based on identified risk 
        and consistent with existing United States requirements;
            ``(2) consider inspection results and findings submitted by 
        foreign civil aviation authorities operating under a 
        maintenance safety or maintenance implementation agreement with 
        the United States in meeting the requirements of the safety 
        assessment system; and
            ``(3) require all maintenance safety or maintenance 
        implementation agreements to provide an opportunity for the 
        Federal Aviation Administration to conduct independent 
        inspections of covered part 145 repair stations when safety 
        concerns warrant such inspections.
    ``(b) Notice to Congress of Negotiations.--The Administrator shall 
notify the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure within 30 days after initiating formal negotiations with 
foreign aviation authorities or other appropriate foreign government 
agencies on a new maintenance safety or maintenance implementation 
agreement.
    ``(c) Annual Report.--The Administrator shall publish an annual 
report on the Federal Aviation Administration's oversight of part 145 
repair stations and implementation of the safety assessment system 
required by subsection (a). The report shall--
            ``(1) describe in detail any improvements in the Federal 
        Aviation Administration's ability to identify and track where 
        part 121 air carrier repair work is performed;
            ``(2) include a staffing model to determine the best 
        placement of inspectors and the number of inspectors needed;
            ``(3) describe the training provided to inspectors; and
            ``(4) include an assessment of the quality of monitoring 
        and surveillance by the Federal Aviation Administration of work 
        provided by its inspectors and the inspectors of foreign 
        authorities operating under a maintenance safety or 
        implementation agreement.
    ``(d) Alcohol and Controlled Substance Testing Program 
Requirements.--
            ``(1) In general.--The Secretaries of State and 
        Transportation jointly shall request the governments of foreign 
        countries that are members of the International Civil Aviation 
        Organization to establish international standards for alcohol 
        and controlled substances testing of persons that perform 
        safety sensitive maintenance functions upon commercial air 
        carrier aircraft.
            ``(2) Application to part 121 aircraft work.--Within 1 year 
        after the date of enactment of the FAA Air Transportation 
        Modernization and Safety Improvement Act the Administrator 
        shall promulgate a proposed rule requiring that all part 145 
        repair station employees responsible for safety-sensitive 
        functions on part 121 air carrier aircraft are subject to an 
        alcohol and controlled substance testing program determined 
        acceptable by the Administrator and consistent with the 
        applicable laws of the country in which the repair station is 
        located.
    ``(e) Biannual Inspections.--The Administrator shall require part 
145 repair stations to be inspected twice each year by Federal Aviation 
Administration safety inspectors, regardless of where the station is 
located, in a manner consistent with United States obligations under 
international agreements.
    ``(f) Definitions.--In this section:
            ``(1) Part 121 air carrier.--The term `part 121 air 
        carrier' means an air carrier that holds a certificate issued 
        under part 121 of title 14, Code of Federal Regulations.
            ``(2) Part 145 repair station.--The term `part 145 repair 
        station' means a repair station that holds a certificate issued 
        under part 145 of title 14, Code of Federal Regulations.''.
    (b) Conforming Amendment.--The table of contents for chapter 447 is 
amended by adding at the end thereof the following:

``44730. Inspection of foreign repair stations''.

SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS.

    (a) Regulations.--Not later than 3 years after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue regulations requiring that all covered 
maintenance work on aircraft used to provide air transportation under 
part 121 of title 14, Code of Federal Regulations, be performed by 
individuals in accordance with subsection (b).
    (b) Persons Authorized To Perform Certain Work.--No individual may 
perform covered maintenance work on aircraft used to provide air 
transportation under part 121 of title 14, Code of Federal Regulations 
unless that individual is employed by--
            (1) a part 121 air carrier;
            (2) a part 145 repair station or a person authorized under 
        section 43.17 of title 14, Code of Federal Regulations;
            (3) a person that provides contract maintenance workers or 
        services to a part 145 repair station or part 121 air carrier, 
        and the individual--
                    (A) meets the requirements of the part 121 air 
                carrier or the part 145 repair station;
                    (B) performs the work under the direct supervision 
                and control of the part 121 air carrier or the part 145 
                repair station directly in charge of the maintenance 
                services; and
                    (C) carries out the work in accordance with the 
                part 121 air carrier's maintenance manual;
            (4) by the holder of a type certificate, production 
        certificate, or other production approval issued under part 21 
        of title 14, Code of Federal Regulations, and the holder of 
        such certificate or approval--
                    (A) originally produced, and continues to produce, 
                the article upon which the work is to be performed; and
                    (B) is acting in conjunction with a part 121 air 
                carrier or a part 145 repair station.
    (d) Definitions.--In this section:
            (1) Covered maintenance work.--The term ``covered 
        maintenance work'' means maintenance work that is essential 
        maintenance, regularly scheduled maintenance, or a required 
        inspection item, as determined by the Administrator.
            (2) Part 121 air carrier.--The term ``part 121 air 
        carrier'' has the meaning given that term in section 
        44730(f)(1) of title 49, United States Code.
            (3) Part 145 repair station.--The term ``part 145 repair 
        station'' has the meaning given that term in section 
        44730(f)(2) of title 49, United States Code.

SEC. 523. USE OF EXPLOSIVE PEST CONTROL DEVICES.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall submit 
to Congress a report that--
            (1) describes the use throughout the United States of 
        explosive pest control devices in mitigating bird strikes in 
        flight operations;
            (2) evaluates the utility, cost-effectiveness, and safety 
        of using explosive pest control devices in wildlife management; 
        and
            (3) evaluates the potential impact on flight safety and 
        operations if explosive pest control devices were made 
        unavailable or more costly during subsequent calendar years.

                       SUBTITLE B--FLIGHT SAFETY

SEC. 551. FAA PILOT RECORDS DATABASE.

    (a) Records of Employment of Pilot Applicants.--Section 44703(h) is 
amended by adding at the end the following:
            ``(16) Applicability.--This subsection shall cease to be 
        effective on the date specified in regulations issued under 
        subsection (i).''.
    (b) Establishment of FAA Pilot Records Database.--Section 44703 is 
amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following:
    ``(i) FAA Pilot Records Database.--
            ``(1) In general.--Before allowing an individual to begin 
        service as a pilot, an air carrier shall access and evaluate, 
        in accordance with the requirements of this subsection, 
        information pertaining to the individual from the pilot records 
        database established under paragraph (2).
            ``(2) Pilot records database.--The Administrator shall 
        establish an electronic database (in this subsection referred 
        to as the `database') containing the following records:
                    ``(A) FAA records.--From the Administrator--
                            ``(i) records that are maintained by the 
                        Administrator concerning current airman 
                        certificates, including airman medical 
                        certificates and associated type ratings and 
                        information on any limitations to those 
                        certificates and ratings;
                            ``(ii) records that are maintained by the 
                        Administrator concerning any failed attempt of 
                        an individual to pass a practical test required 
                        to obtain a certificate or type rating under 
                        part 61 of title 14, Code of Federal 
                        Regulations; and
                            ``(iii) summaries of legal enforcement 
                        actions resulting in a finding by the 
                        Administrator of a violation of this title or a 
                        regulation prescribed or order issued under 
                        this title that was not subsequently 
                        overturned.
                    ``(B) Air carrier and other records.--From any air 
                carrier or other person (except a branch of the Armed 
                Forces, the National Guard, or a reserve component of 
                the Armed Forces) that has employed an individual as a 
                pilot of a civil or public aircraft, or from the 
                trustee in bankruptcy for such air carrier or person--
                            ``(i) records pertaining to the individual 
                        that are maintained by the air carrier (other 
                        than records relating to flight time, duty 
                        time, or rest time), including records under 
                        regulations set forth in--
                                    ``(I) section 121.683 of title 14, 
                                Code of Federal Regulations;
                                    ``(II) paragraph (A) of section VI, 
                                appendix I, part 121 of such title;
                                    ``(III) paragraph (A) of section 
                                IV, appendix J, part 121 of such title;
                                    ``(IV) section 125.401 of such 
                                title; and
                                    ``(V) section 135.63(a)(4) of such 
                                title; and
                            ``(ii) other records pertaining to the 
                        individual's performance as a pilot that are 
                        maintained by the air carrier or person 
                        concerning--
                                    ``(I) the training, qualifications, 
                                proficiency, or professional competence 
                                of the individual, including comments 
                                and evaluations made by a check airman 
                                designated in accordance with section 
                                121.411, 125.295, or 135.337 of such 
                                title;
                                    ``(II) any disciplinary action 
                                taken with respect to the individual 
                                that was not subsequently overturned; 
                                and
                                    ``(III) any release from employment 
                                or resignation, termination, or 
                                disqualification with respect to 
                                employment.
                    ``(C) National driver register records.--In 
                accordance with section 30305(b)(8) of this title, from 
                the chief driver licensing official of a State, 
                information concerning the motor vehicle driving record 
                of the individual.
            ``(3) Written consent; release from liability.--An air 
        carrier--
                    ``(A) shall obtain the written consent of an 
                individual before accessing records pertaining to the 
                individual under paragraph (1); and
                    ``(B) may, notwithstanding any other provision of 
                law or agreement to the contrary, require an individual 
                with respect to whom the carrier is accessing records 
                under paragraph (1) to execute a release from liability 
                for any claim arising from accessing the records or the 
                use of such records by the air carrier in accordance 
                with this section (other than a claim arising from 
                furnishing information known to be false and maintained 
                in violation of a criminal statute).
            ``(4) Reporting.--
                    ``(A) Reporting by administrator.--The 
                Administrator shall enter data described in paragraph 
                (2)(A) into the database promptly to ensure that an 
                individual's records are current.
                    ``(B) Reporting by air carriers and other 
                persons.--
                            ``(i) In general.--Air carriers and other 
                        persons shall report data described in 
                        paragraphs (2)(B) and (2)(C) to the 
                        Administrator promptly for entry into the 
                        database.
                            ``(ii) Data to be reported.--Air carriers 
                        and other persons shall report, at a minimum, 
                        under clause (i) the following data described 
                        in paragraph (2)(B):
                                    ``(I) Records that are generated by 
                                the air carrier or other person after 
                                the date of enactment of the FAA Air 
                                Transportation Modernization and Safety 
                                Improvement Act.
                                    ``(II) Records that the air carrier 
                                or other person is maintaining, on such 
                                date of enactment, pursuant to 
                                subsection (h)(4).
            ``(5) Requirement to maintain records.--The Administrator--
                    ``(A) shall maintain all records entered into the 
                database under paragraph (2) pertaining to an 
                individual until the date of receipt of notification 
                that the individual is deceased; and
                    ``(B) may remove the individual's records from the 
                database after that date.
            ``(6) Receipt of consent.--The Administrator shall not 
        permit an air carrier to access records pertaining to an 
        individual from the database under paragraph (1) without the 
        air carrier first demonstrating to the satisfaction of the 
        Administrator that the air carrier has obtained the written 
        consent of the individual.
            ``(7) Right of pilot to review certain records and correct 
        inaccuracies.--Notwithstanding any other provision of law or 
        agreement, the Administrator, upon receipt of written request 
        from an individual--
                    ``(A) shall make available, not later than 30 days 
                after the date of the request, to the individual for 
                review all records referred to in paragraph (2) 
                pertaining to the individual; and
                    ``(B) shall provide the individual with a 
                reasonable opportunity to submit written comments to 
                correct any inaccuracies contained in the records.
            ``(8) Reasonable charges for processing requests and 
        furnishing copies.--The Administrator may establish a 
        reasonable charge for the cost of processing a request under 
        paragraph (1) or (7) and for the cost of furnishing copies of 
        requested records under paragraph (7).
            ``(9) Privacy protections.--
                    ``(A) Use of records.--An air carrier that accesses 
                records pertaining to an individual under paragraph (1) 
                may use the records only to assess the qualifications 
                of the individual in deciding whether or not to hire 
                the individual as a pilot. The air carrier shall take 
                such actions as may be necessary to protect the privacy 
                of the individual and the confidentiality of the 
                records accessed, including ensuring that information 
                contained in the records is not divulged to any 
                individual that is not directly involved in the hiring 
                decision.
                    ``(B) Disclosure of information.--
                            ``(i) In general.--Except as provided by 
                        clause (ii), information collected by the 
                        Administrator under paragraph (2) shall be 
                        exempt from the disclosure requirements of 
                        section 552 of title 5.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to--
                                    ``(I) de-identified, summarized 
                                information to explain the need for 
                                changes in policies and regulations;
                                    ``(II) information to correct a 
                                condition that compromises safety;
                                    ``(III) information to carry out a 
                                criminal investigation or prosecution;
                                    ``(IV) information to comply with 
                                section 44905, regarding information 
                                about threats to civil aviation; and
                                    ``(V) such information as the 
                                Administrator determines necessary, if 
                                withholding the information would not 
                                be consistent with the safety 
                                responsibilities of the Federal 
                                Aviation Administration.
            ``(10) Periodic review.--Not later than 18 months after the 
        date of enactment of the FAA Air Transportation Modernization 
        and Safety Improvement Act, and at least once every 3 years 
        thereafter, the Administrator shall transmit to Congress a 
        statement that contains, taking into account recent 
        developments in the aviation industry--
                    ``(A) recommendations by the Administrator 
                concerning proposed changes to Federal Aviation 
                Administration records, air carrier records, and other 
                records required to be included in the database under 
                paragraph (2); or
                    ``(B) reasons why the Administrator does not 
                recommend any proposed changes to the records referred 
                to in subparagraph (A).
            ``(11) Regulations for protection and security of 
        records.--The Administrator shall prescribe such regulations as 
        may be necessary--
                    ``(A) to protect and secure--
                            ``(i) the personal privacy of any 
                        individual whose records are accessed under 
                        paragraph (1); and
                            ``(ii) the confidentiality of those 
                        records; and
                    ``(B) to preclude the further dissemination of 
                records received under paragraph (1) by the person who 
                accessed the records.
            ``(12) Good faith exception.--Notwithstanding paragraph 
        (1), an air carrier may allow an individual to begin service as 
        a pilot, without first obtaining information described in 
        paragraph (2)(B) from the database pertaining to the 
        individual, if--
                    ``(A) the air carrier has made a documented good 
                faith attempt to access the information from the 
                database; and
                    ``(B) has received written notice from the 
                Administrator that the information is not contained in 
                the database because the individual was employed by an 
                air carrier or other person that no longer exists or by 
                a foreign government or other entity that has not 
                provided the information to the database.
            ``(13) Limitations on electronic access to records.--
                    ``(A) Access by individuals designated by air 
                carriers.--For the purpose of increasing timely and 
                efficient access to records described in paragraph (2), 
                the Administrator may allow, under terms established by 
                the Administrator, an individual designated by an air 
                carrier to have electronic access to the database.
                    ``(B) Terms.--The terms established by the 
                Administrator under subparagraph (A) for allowing a 
                designated individual to have electronic access to the 
                database shall limit such access to instances in which 
                information in the database is required by the 
                designated individual in making a hiring decision 
                concerning a pilot applicant and shall require that the 
                designated individual provide assurances satisfactory 
                to the Administrator that--
                            ``(i) the designated individual has 
                        received the written consent of the pilot 
                        applicant to access the information; and
                            ``(ii) information obtained using such 
                        access will not be used for any purpose other 
                        than making the hiring decision.
            ``(14) Regulations.--
                    ``(A) In general.--The Administrator shall issue 
                regulations to carry out this subsection.
                    ``(B) Effective date.--The regulations shall 
                specify the date on which the requirements of this 
                subsection take effect and the date on which the 
                requirements of subsection (h) cease to be effective.
                    ``(C) Exceptions.--Notwithstanding subparagraph 
                (B)--
                            ``(i) the Administrator shall begin to 
                        establish the database under paragraph (2) not 
                        later than 90 days after the date of enactment 
                        of the FAA Air Transportation Modernization and 
                        Safety Improvement Act;
                            ``(ii) the Administrator shall maintain 
                        records in accordance with paragraph (5) 
                        beginning on the date of enactment of that Act; 
                        and
                            ``(iii) air carriers and other persons 
                        shall maintain records to be reported to the 
                        database under paragraph (4)(B) in the period 
                        beginning on such date of enactment and ending 
                        on the date that is 5 years after the 
                        requirements of subsection (h) cease to be 
                        effective pursuant to subparagraph (B).
            ``(15) Special rule.--During the one-year period beginning 
        on the date on which the requirements of this section become 
        effective pursuant to paragraph (15)(B), paragraph (7)(A) shall 
        be applied by substituting `45 days' for `30 days'.''.
    (c) Conforming Amendments.--
            (1) Limitation on liability; preemption of state law.--
        Section 44703(j) (as redesignated by subsection (b)(1) of this 
        section) is amended--
                    (A) in the subsection heading by striking 
                ``Limitation'' and inserting ``Limitations'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``paragraph (2)'' and inserting 
                        ``subsection (h)(2) or (i)(3)'';
                            (ii) in subparagraph (A) by inserting ``or 
                        accessing the records of that individual under 
                        subsection (i)(1)'' before the semicolon; and
                            (iii) in the matter following subparagraph 
                        (D) by striking ``subsection (h)'' and 
                        inserting ``subsection (h) or (i)'';
                    (C) in paragraph (2) by striking ``subsection (h)'' 
                and inserting ``subsection (h) or (i)'';
                    (D) in paragraph (3), in the matter preceding 
                subparagraph (A), by inserting ``or who furnished 
                information to the database established under 
                subsection (i)(2)'' after ``subsection (h)(1)''; and
                    (E) by adding at the end the following:
            ``(4) Prohibition on actions and proceedings against air 
        carriers.--
                    ``(A) Hiring decisions.--An air carrier may refuse 
                to hire an individual as a pilot if the individual did 
                not provide written consent for the air carrier to 
                receive records under subsection (h)(2)(A) or (i)(3)(A) 
                or did not execute the release from liability requested 
                under subsection (h)(2)(B) or (i)(3)(B).
                    ``(B) Actions and proceedings.--No action or 
                proceeding may be brought against an air carrier by or 
                on behalf of an individual who has applied for or is 
                seeking a position as a pilot with the air carrier if 
                the air carrier refused to hire the individual after 
                the individual did not provide written consent for the 
                air carrier to receive records under subsection 
                (h)(2)(A) or (i)(3)(A) or did not execute a release 
                from liability requested under subsection (h)(2)(B) or 
                (i)(3)(B).''.
            (2) Limitation on statutory construction.--Section 44703(k) 
        (as redesignated by subsection (b)(1) of this section) is 
        amended by striking ``subsection (h)'' and inserting 
        ``subsection (h) or (i)''.

SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS.

    (a) In General.--Within 60 days after the date of enactment of this 
Act, the Administrator shall initiate and complete a rulemaking to 
require part 121 air carriers--
            (1) to implement, as part of their safety management 
        systems--
                    (A) an Aviation Safety Action Program;
                    (B) a Flight Operations Quality Assurance Program;
                    (C) a Line Operational Safety Audit Program; and
                    (D) a Flight Crew Fatigue Risk Management Program;
            (2) to implement appropriate privacy protection safeguards 
        with respect to data included in such programs; and
            (3) to provide appropriate collaboration and operational 
        oversight of regional/commuter air carriers by affiliated major 
        air carriers that include--
                    (A) periodic safety audits of flight operations;
                    (B) training, maintenance, and inspection programs; 
                and
                    (C) provisions for the exchange of safety 
                information.
    (b) Effect on Advanced Qualification Program.--Implementation of 
the programs under subsection (a)(1) neither limits nor invalidates the 
Federal Aviation Administration's advanced qualification program.
    (c) Limitations on Discipline and Enforcement.--The Administrator 
shall require that each of the programs described in subsection 
(a)(1)(A) and (B) establish protections for an air carrier or employee 
submitting data or reports against disciplinary or enforcement actions 
by any Federal agency or employer. The protections shall not be less 
than the protections provided under Federal Aviation Administration 
Advisory Circulars governing those programs, including Advisory 
Circular AC No. 120-66 and AC No. 120-82.
    (d) CVR Data.--The Administrator, acting in collaboration with 
aviation industry interested parties, shall consider the merits and 
feasibility of incorporating cockpit voice recorder data in safety 
oversight practices.
    (e) Enforcement Consistency.--Within 9 months after the date of 
enactment of this Act, the Administrator shall--
            (1) develop and implement a plan that will ensure that the 
        FAA's safety enforcement plan is consistently enforced; and
            (2) ensure that the FAA's safety oversight program is 
        reviewed periodically and updated as necessary.

SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY 
              RECOMMENDATIONS.

    (a) In General.--The first sentence of section 1135(a) is amended 
by inserting ``to the National Transportation Safety Board'' after 
``shall give''.
    (b) Air Carrier Safety Recommendations.--Section 1135 is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Annual Report on Air Carrier Safety Recommendations.--
            ``(1) In general.--The Secretary shall submit an annual 
        report to the Congress and the Board on the recommendations 
        made by the Board to the Secretary regarding air carrier 
        operations conducted under part 121 of title 14, Code of 
        Federal Regulations.
            ``(2) Recommendations to be covered.--The report shall 
        cover--
                    ``(A) any recommendation for which the Secretary 
                has developed, or intends to develop, procedures to 
                adopt the recommendation or part of the recommendation, 
                but has yet to complete the procedures; and
                    ``(B) any recommendation for which the Secretary, 
                in the preceding year, has issued a response under 
                subsection (a)(2) or (a)(3) refusing to carry out all 
                or part of the procedures to adopt the recommendation.
            ``(3) Contents.--
                    ``(A) Plans to adopt recommendations.--For each 
                recommendation of the Board described in paragraph 
                (2)(A), the report shall contain--
                            ``(i) a description of the recommendation;
                            ``(ii) a description of the procedures 
                        planned for adopting the recommendation or part 
                        of the recommendation;
                            ``(iii) the proposed date for completing 
                        the procedures; and
                            ``(iv) if the Secretary has not met a 
                        deadline contained in a proposed timeline 
                        developed in connection with the recommendation 
                        under subsection (b), an explanation for not 
                        meeting the deadline.
                    ``(B) Refusals to adopt recommendations.--For each 
                recommendation of the Board described in paragraph 
                (2)(B), the report shall contain--
                            ``(i) a description of the recommendation; 
                        and
                            ``(ii) a description of the reasons for the 
                        refusal to carry out all or part of the 
                        procedures to adopt the recommendation.''.
    (c) Implementation of NTSB Safety Recommendations.--
            (1) Inspection.--As part of the annual inspection of 
        general aviation aircraft, the Administrator of the Federal 
        Aviation Administration (referred to in this section as the 
        ``Administrator'') shall require a detailed inspection of each 
        emergency locator transmitter (referred to in this section as 
        ``ELT'') installed in general aviation aircraft operating in 
        the United States to ensure that each ELT is mounted and 
        retained in accordance with the manufacturer's specifications.
            (2) Mounting and retention.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Administrator 
                shall determine if the ELT mounting requirements and 
                retention tests specified by Technical Standard Orders 
                C91a and C126 are adequate to assess retention 
                capabilities in ELT designs.
                    (B) Revision.--Based on the results of the 
                determination conducted under subparagraph (A), the 
                Administrator shall make any necessary revisions to the 
                requirements and tests referred to in subparagraph (A) 
                to ensure that emergency locator transmitters are 
                properly retained in the event of an airplane accident.
            (3) Report.--Upon the completion of the revisions required 
        under paragraph (2)(B), the Administrator shall submit a report 
        on the implementation of this subsection to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.

SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY ASSURANCE, AVIATION 
              SAFETY ACTION, AND LINE OPERATIONAL SAFETY AUDIT 
              PROGRAMS.

    (a) Limitation on Disclosure and Use of Information.--
            (1) In general.--Except as provided by this section, a 
        party in a judicial proceeding may not use discovery to 
        obtain--
                    (A) an Aviation Safety Action Program report;
                    (B) Flight Operational Quality Assurance Program 
                data; or
                    (C) a Line Operations Safety Audit Program report.
            (2) FOIA not applicable.--Section 522 of title 5, United 
        States Code, shall not apply to reports or data described in 
        paragraph (1).
            (3) Exceptions.--Nothing in paragraph (1) or (2) prohibits 
        the FAA from disclosing information contained in reports or 
        data described in paragraph (1) if withholding the information 
        would not be consistent with the FAA's safety responsibilities, 
        including--
                    (A) a summary of information, with identifying 
                information redacted, to explain the need for changes 
                in policies or regulations;
                    (B) information provided to correct a condition 
                that compromises safety, if that condition continues 
                uncorrected; or
                    (C) information provided to carry out a criminal 
                investigation or prosecution.
    (b) Permissible Discovery for Such Reports and Data.--Except as 
provided in subsection (c), a court may allow discovery by a party of 
an Aviation Safety Action Program report, Flight Operational Quality 
Assurance Program data, or a Line Operations Safety Audit Program 
report if, after an in camera review of the information, the court 
determines that a party to a claim or defense in the proceeding shows a 
particularized need for the report or data that outweighs the need for 
confidentiality of the report or data, considering the confidential 
nature of the report or data, and upon a showing that the report or 
data is both relevant to the preparation of a claim or defense and not 
otherwise known or available.
    (c) Protective Order.--When a court allows discovery, in a judicial 
proceeding, of an Aviation Safety Action Program report, Flight 
Operational Quality Assurance Program data, or a Line Operations Safety 
Audit Program report, the court shall issue a protective order--
            (1) to limit the use of the information contained in the 
        report or data to the judicial proceeding;
            (2) to prohibit dissemination of the report or data to any 
        person that does not need access to the report for the 
        proceeding; and
            (3) to limit the use of the report or data in the 
        proceeding to the uses permitted for privileged self-analysis 
        information as defined under the Federal Rules of Evidence.
    (d) Sealed Information.--A court may allow an Aviation Safety 
Action Program report, Flight Operational Quality Assurance Program 
data, or a Line Operations Safety Audit Program report to be admitted 
into evidence in a judicial proceeding only if the court places the 
report or data under seal to prevent the use of the report or data for 
purposes other than for the proceeding.
    (e) Safety Recommendations.--This section does not prevent the 
National Transportation Safety Board from referring at any time to 
information contained in an Aviation Safety Action Program report, 
Flight Operational Quality Assurance Program data, or a Line Operations 
Safety Audit Program report in making safety recommendations.
    (f) Waiver.--Any waiver of the privilege for self-analysis 
information by a protected party, unless occasioned by the party's own 
use of the information in presenting a claim or defense, must be in 
writing.

SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, TESTING, AND 
              CERTIFICATION REQUIREMENTS.

    (a) Training and Testing.--The Administrator shall develop and 
implement a plan for reevaluation of flight crew training regulations 
in effect on the date of enactment of this Act, including regulations 
for--
            (1) classroom instruction requirements governing curriculum 
        content and hours of instruction;
            (2) crew leadership training; and
            (3) initial and recurrent testing requirements for pilots, 
        including the rigor and consistency of testing programs such as 
        check rides.
    (b) Best Practices.--The plan shall incorporate best practices in 
the aviation industry with respect to training protocols, methods, and 
procedures.
    (c) Certification.--The Administrator shall initiate a rulemaking 
to re-evaluate FAA regulations governing the minimum requirements--
            (1) to become a commercial pilot;
            (2) to receive an Air Transport Pilot Certificate to become 
        a captain; and
            (3) to transition to a new type of aircraft.
    (d) Remedial Training Programs.--
            (1) In general.--The Administrator shall initiate a 
        rulemaking to require part 121 air carriers to establish 
        remedial training programs for flightcrew members who have 
        demonstrated performance deficiencies or experienced failures 
        in the training environment.
            (2) Deadlines.--The Administrator shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, issue a notice of proposed 
                rulemaking under paragraph (1); and
                    (B) not later than 24 months after the date of 
                enactment of this Act, issue a final rule for the 
                rulemaking.
    (e) Stick Pusher Training and Weather Event Training.--
            (1) Multidisciplinary panel.--Not later than 120 days after 
        the date of enactment of this Act, the Administrator shall 
        convene a multidisciplinary panel of specialists in aircraft 
        operations, flightcrew member training, human factors, and 
        aviation safety to study and submit to the Administrator a 
        report on methods to increase the familiarity of flightcrew 
        members with, and improve the response of flightcrew members 
        to, stick pusher systems, icing conditions, and microburst and 
        windshear weather events.
            (2) Report to congress.--Not later than one year after the 
        date on which the Administrator convenes the panel, the 
        Administrator shall--
                    (A) submit a report to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation based on the findings of the panel; 
                and
                    (B) with respect to stick pusher systems, initiate 
                appropriate actions to implement the recommendations of 
                the panel.

SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND 
              LEADERSHIP.

    (a) Aviation Rulemaking Committee.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall conduct an aviation rulemaking committee 
        proceeding with stakeholders to develop procedures for each 
        part 121 air carrier to take the following actions:
                    (A) Establish flightcrew member mentoring programs 
                under which the air carrier will pair highly 
                experienced flightcrew members who will serve as mentor 
                pilots and be paired with newly employed flightcrew 
                members. Mentor pilots should be provided, at a 
                minimum, specific instruction on techniques for 
                instilling and reinforcing the highest standards of 
                technical performance, airmanship, and professionalism 
                in newly employed flightcrew members.
                    (B) Establish flightcrew member professional 
                development committees made up of air carrier 
                management and labor union or professional association 
                representatives to develop, administer, and oversee 
                formal mentoring programs of the carrier to assist 
                flightcrew members to reach their maximum potential as 
                safe, seasoned, and proficient flightcrew members.
                    (C) Establish or modify training programs to 
                accommodate substantially different levels and types of 
                flight experience by newly employed flightcrew members.
                    (D) Establish or modify training programs for 
                second-in-command flightcrew members attempting to 
                qualify as pilot-in-command flightcrew members for the 
                first time in a specific aircraft type and ensure that 
                such programs include leadership and command training.
                    (E) Ensure that recurrent training for pilots in 
                command includes leadership and command training.
                    (F) Such other actions as the aviation rulemaking 
                committee determines appropriate to enhance flightcrew 
                member professional development.
            (2) Compliance with sterile cockpit rule.--Leadership and 
        command training described in paragraphs (1)(D) and (1)(E) 
        shall include instruction on compliance with flightcrew member 
        duties under part 121.542 of title 14, Code of Federal 
        Regulations.
            (3) Streamlined program review.--
                    (A) In general.--As part of the rulemaking required 
                by subsection (a), the Administrator shall establish a 
                streamlined process for part 121 air carriers that have 
                in effect, as of the date of enactment of this Act, the 
                programs required by paragraph (1).
                    (B) Expedited approvals.--Under the streamlined 
                process, the Administrator shall--
                            (i) review the programs of such part 121 
                        air carriers to determine whether the programs 
                        meet the requirements set forth in the final 
                        rule referred to in subsection (b)(2); and
                            (ii) expedite the approval of the programs 
                        that the Administrator determines meet such 
                        requirements.
    (b) Deadlines.--The Administrator shall issue--
            (1) not later than 180 days after the date of enactment of 
        this Act, a notice of proposed rulemaking under subsection (a); 
        and
            (2) not later than 24 months after such date of enactment, 
        a final rule under subsection (a).

SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALIFICATIONS.

    (a) Requirements.--The Administrator of the Federal Aviation 
Administration shall conduct a rulemaking proceeding to require part 
121 air carriers to develop and implement means and methods for 
ensuring that flightcrew members have proper qualifications and 
experience.
    (b) Minimum Experience Requirement.--
            (1) In general.--The final rule prescribed under subsection 
        (a) shall, among any other requirements established by the 
        rule, require that a pilot--
                    (A) have not less than 800 hours of flight time 
                before serving as a flightcrew member for a part 121 
                air carrier; and
                    (B) demonstrate the ability to--
                            (i) function effectively in a multipilot 
                        environment;
                            (ii) function effectively in an air carrier 
                        operational environment;
                            (iii) function effectively in adverse 
                        weather conditions, including icing conditions 
                        if the pilot is expected to be operating 
                        aircraft in icing conditions;
                            (iv) function effectively during high 
                        altitude operations; and
                            (v) adhere to the highest professional 
                        standards.
            (2) Hours of flight experience in difficult operational 
        conditions.--The total number of hours of flight experience 
        required by the Administrator under paragraph (1) for pilots 
        shall include a number of hours of flight experience in 
        difficult operational conditions that may be encountered by an 
        air carrier that the Administrator determines to be sufficient 
        to enable a pilot to operate an aircraft safely in such 
        conditions.
    (c) Deadlines.--The Administrator shall issue--
            (1) not later than 180 days after the date of enactment of 
        this Act, a notice of proposed rulemaking under subsection (a); 
        and
            (2) not later than December 31, 2011, a final rule under 
        subsection (a).
    (d) Default Requirements.--If the Administrator fails to meet the 
deadline established by subsection (c))(2), then all flightcrew members 
for part 121 air carriers shall meet the requirements established by 
subpart G of part 61 of the Federal Aviation Administration's 
regulations (14 C.F.R. 61.151 et seq.).
    (e) Definitions.--In this section:
            (1) Flightcrew member.--The term ``flightcrew member'' has 
        the meaning given that term in section 1.1 of the Federal 
        Aviation Administration's regulations (14 C.F.R. 1.1)).
            (2) Part 121 air carrier.--The term ``part 121 air 
        carrier'' has the meaning given that term by section 
        41720(d)(1) of title 49, United States Code.

SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DEVICES ON FLIGHT 
              DECK.

    (a) In General.--Chapter 447, as amended by section 521 of this 
Act, is further amended by adding at the end thereof the following:
``44731. Use of certain devices on flight deck
    ``(a) In General.--It is unlawful for any member of the flight crew 
of an aircraft used to provide air transportation under part 121 of 
title 14, Code of Federal Regulations, to use a personal wireless 
communications device or laptop computer while at the crew member's 
duty station on the flight deck of such an aircraft while the aircraft 
is being operated.
    ``(b) Exceptions.--Subsection (a) shall not apply to the use of a 
personal wireless communications device or laptop computer for a 
purpose directly related to operation of the aircraft, or for 
emergency, safety-related, or employment-related communications, in 
accordance with procedures established by the air carrier or the 
Federal Aviation Administration.
    ``(c) Enforcement.--In addition to the penalties provided under 
section 46301 of this title applicable to any violation of this 
section, the Administrator of the Federal Aviation Administration may 
enforce compliance with this section under section 44709.
    ``(d) Personal Wireless Communications Device Defined.--The term 
`personal wireless communications device' means a device through which 
personal wireless services (as defined in section 332(c)(7)(C)(i) of 
the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 
transmitted.''.
    (b) Penalty.--Section 44711(a) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (8);
            (2) by striking ``title.'' in paragraph (9) and inserting 
        ``title; or''; and
            (3) by adding at the end the following:
            ``(10) violate section 44730 of this title or any 
        regulation issued thereunder.''.
    (c) Conforming Amendment.--The table of contents for chapter 447 is 
amended by adding at the end thereof the following:

``44731. Use of certain devices on flight deck''.
    (d) Regulations.--Within 30 days after the date of enactment of 
this Act, the Secretary of Transportation shall initiate a rulemaking 
procedure for regulations under section 44730 of title 49, United 
States Code, and shall issue a final rule thereunder within 1 year 
after the date of enactment of this Act.
    (e) Study.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall review relevant air carrier data and carry 
        out a study--
                    (A) to identify common sources of distraction for 
                the cockpit flight crew on commercial aircraft; and
                    (B) to determine the safety impacts of such 
                distractions.
            (2) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Administrator shall submit a report 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives that contains--
                    (A) the findings of the study conducted under 
                paragraph (1); and
                    (B) recommendations about ways to reduce 
                distractions for cockpit flight crews.

SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.

    The Administrator shall, not less frequently than once each year, 
perform random, unannounced, on-site inspections of air carriers that 
provide air transportation pursuant to a contract with a part 121 air 
carrier to ensure that such air carriers are complying with all 
applicable safety standards of the Administration.

SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE 
              TRAINING, HIRING, AND OPERATION OF AIRCRAFT BY PILOTS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue a final rule with 
respect to the Notice of Proposed Rulemaking published in the Federal 
Register on January 12, 2009 (74 Fed. Reg. 1280), relating to training 
programs for flight crew members and aircraft dispatchers.
    (b) Expert Panel To Review Part 121 and Part 135 Training Hours.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Administrator shall convene a 
        multidisciplinary expert panel comprised of, at a minimum, air 
        carrier representatives, training facility representatives, 
        instructional design experts, aircraft manufacturers, safety 
        organization representatives, and labor union representatives.
            (2) Assessment and recommendations.--The panel shall assess 
        and make recommendations concerning--
                    (A) the best methods and optimal time needed for 
                flightcrew members of part 121 air carriers and 
                flightcrew members of part 135 air carriers to master 
                aircraft systems, maneuvers, procedures, take offs and 
                landings, and crew coordination;
                    (B) the optimal length of time between training 
                events for such crewmembers, including recurrent 
                training events;
                    (C) the best methods to reliably evaluate mastery 
                by such crewmembers of aircraft systems, maneuvers, 
                procedures, take offs and landings, and crew 
                coordination; and
                    (D) the best methods to allow specific academic 
                training courses to be credited pursuant to section 
                11(d) toward the total flight hours required to receive 
                an airline transport pilot certificate.
            (3) Report.--Not later than one year after the date of 
        enactment of this Act, the Administrator shall submit a report 
        to the House of Representatives Committee on Transportation and 
        Infrastructure and the Senate Committee on Commerce, Science, 
        and Transportation based on the findings of the panel.

SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator shall submit to Congress a 
plan for overseeing pilot schools certified under part 141 of title 14, 
Code of Federal Regulations, that includes--
            (1) ensuring that the curriculum and course outline 
        requirements for such schools under subpart C of such part are 
        being met; and
            (2) conducting on-site inspections of each such school not 
        less frequently than once every 2 years.
    (b) GAO Study.--The Comptroller General shall conduct a 
comprehensive study of flight schools, flight education, and academic 
training requirements for certification of an individual as a pilot.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General shall submit a report to the House of 
Representatives Committee on Transportation and Infrastructure and the 
Senate Committee on Commerce, Science, and Transportation on the 
results of the study.

SEC. 562. ENHANCED TRAINING FOR FLIGHT ATTENDANTS AND GATE AGENTS.

    (a) In General.--Chapter 447, as amended by section 558 of this 
Act, is further amended by adding at the end the following:
``Sec. 44732. Training of flight attendants and gate agents
    ``(a) Training Required.--In addition to other training required 
under this chapter, each air carrier shall provide initial and annual 
recurring training for flight attendants and gate agents employed or 
contracted by such air carrier regarding--
            ``(1) serving alcohol to passengers;
            ``(2) recognizing intoxicated passengers; and
            ``(3) dealing with disruptive passengers.
    ``(b) Situational Training.--In carrying out the training required 
under subsection (a), each air carrier shall provide situational 
training to flight attendants and gate agents on the proper method for 
dealing with intoxicated passengers who act in a belligerent manner.
    ``(c) Definitions.--In this section:
            ``(1) Air carrier.--The term `air carrier' means a person 
        or commercial enterprise that has been issued an air carrier 
        operating certificate under section 44705.
            ``(2) Flight attendant.--The term `flight attendant' has 
        the meaning given the term in section 44728(f).
            ``(3) Gate agent.--The term `gate agent' means an 
        individual working at an airport whose responsibilities include 
        facilitating passenger access to commercial aircraft.
            ``(4) Passenger.--The term `passenger' means an individual 
        traveling on a commercial aircraft, from the time at which the 
        individual arrives at the airport from which such aircraft 
        departs until the time the individual leaves the airport to 
        which such aircraft arrives.''.
    (b) Clerical Amendment.--The table of contents for chapter 447 is 
amended by adding at the end the following:

``44732. Training of flight attendants and gate agents''.
    (c) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Transportation shall issue 
regulations to carry out section 44730 of title 49, United States Code, 
as added by subsection (a).

SEC. 563. DEFINITIONS.

    In this subtitle:
            (1) Aviation safety action program.--The term ``Aviation 
        Safety Action Program'' means the program described under 
        Federal Aviation Administration Advisory Circular No. 120-66B 
        that permits employees of participating air carriers and repair 
        station certificate holders to identify and report safety 
        issues to management and to the Administration for resolution.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator.
            (3) Air carrier.--The term ``air carrier'' has the meaning 
        given that term by section 40102(2) of title 49, United States 
        Code.
            (4) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.
            (5) Flight operational quality assurance program.--The term 
        ``Flight Operational Quality Assurance Program'' means the 
        voluntary safety program authorized under section 13.401 of 
        title 14, Code of Federal Regulations, that permits commercial 
        air carriers and pilots to share confidential aggregate 
        information with the Administration to permit the 
        Administration to target resources to address operational risk 
        issues.
            (6) Line Operations Safety Audit Program.--The term ``Line 
        Operations Safety Audit Program'' has the meaning given that 
        term by Federal Aviation Administration Advisory Circular 
        Number 120-90.
            (7) Part 121 air carrier.--The term ``part 121 air 
        carrier'' has the meaning given that term by section 
        41719(d)(1) of title 49, United States Code.

SEC. 564. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall initiate a study of air quality in aircraft cabins 
to--
            (1) assess bleed air quality on the full range of 
        commercial aircraft operating in the United States;
            (2) identify oil-based contaminants, hydraulic fluid 
        toxins, and other air toxins that appear in cabin air and 
        measure the quantity and prevalence, or absence of those toxins 
        through a comprehensive sampling program;
            (3) determine the specific amount and duration of toxic 
        fumes present in aircraft cabins that constitutes a health risk 
        to passengers;
            (4) develop a systematic reporting standard for smoke and 
        fume events in aircraft cabins;
            (5) identify the potential health risks to individuals 
        exposed to toxic fumes during flight; and
            (6) determine the extent to which the installation of 
        sensors and air filters on commercial aircraft would provide a 
        public health benefit.
    (b) Authority To Monitor Air in Aircraft Cabins.--For purposes of 
conducting the study required by subsection (a), the Administrator of 
the Federal Aviation Administration shall require domestic air carriers 
to allow air quality monitoring on their aircraft in a manner that 
imposes no significant costs on the air carrier and does not interfere 
with the normal operation of the aircraft.

                      TITLE VI--AVIATION RESEARCH

SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--Section 44511(f) is amended--
            (1) by striking ``establish a 4-year pilot'' in paragraph 
        (1) and inserting ``maintain an''; and
            (2) by inserting ``pilot'' in paragraph (4) before 
        ``program'' the first time it appears; and
            (3) by striking ``program, including recommendations as to 
        the need for establishing a permanent airport cooperative 
        research program.'' in paragraph (4) and inserting 
        ``program.''.
    (b) Airport Cooperative Research Program.--Not more than 
$15,000,000 per year for fiscal years 2010 and 2011 may be appropriated 
to the Secretary of Transportation from the amounts made available each 
year under subsection (a) for the Airport Cooperative Research Program 
under section 44511 of this title, of which not less than $5,000,000 
per year shall be for research activities related to the airport 
environment, including reduction of community exposure to civil 
aircraft noise, reduction of civil aviation emissions, or addressing 
water quality issues.

SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY CONSUMPTION FROM 
              CIVILIAN AIRCRAFT.

    (a) Establishment of Research Program.--From amounts made available 
under section 48102(a) of title 49, United States Code, the 
Administrator of the Federal Aviation Administration shall establish a 
research program related to reducing civilian aircraft energy use, 
emissions, and source noise with equivalent safety through grants or 
other measures, which may include cost-sharing, authorized under 
section 106(l)(6) of such title, including reimbursable agreements with 
other Federal agencies.
    (b) Establishment of Consortium.--
            (1) Designation as consortium.--Not later than 180 days 
        after the date of the enactment of this Act, the Administrator 
        shall designate, using a competitive process, one or more 
        institutions or entities described in paragraph (2) as a 
        Consortium for Continuous Low Energy, Emissions, and Noise 
        (CLEEN) to perform research in accordance with this section.
            (2) Participation.--The Administrator shall include 
        educational and research institutions or private sector 
        entities that have existing facilities and experience for 
        developing and testing noise, emissions and energy reduction 
        engine and aircraft technology, and developing alternative 
        fuels in the research program required by subsection (a).
            (3) Coordination mechanisms.--In conducting the research 
        program, the Consortium designated under paragraph (1) shall--
                    (A) coordinate its activities with the Department 
                of Agriculture, the Department of Energy, the National 
                Aeronautics and space Administration, and other 
                relevant Federal agencies; and
                    (B) consult on a regular basis with the Commercial 
                Aviation Alternative Fuels Initiative.
    (c) Performance Objectives.--Not later than January 1, 2016, the 
research program shall accomplish the following objectives:
            (1) Certifiable aircraft technology that reduces fuel burn 
        33 percent compared to current technology, reducing energy 
        consumption and carbon dioxide emissions.
            (2) Certifiable engine technology that reduces landing and 
        takeoff cycle nitrogen oxide emissions by 60 percent, at a 
        pressure ratio of 30 over the International Civil Aviation 
        Organization standard adopted at the 6th Meeting of the 
        Committee on Aviation Environmental Protection, with 
        commensurate reductions over the full pressure ratio range, 
        while limiting or reducing other gaseous or particle emissions.
            (3) Certifiable aircraft technology that reduces noise 
        levels by 32 Effective Perceived Noise in decibels (EPNdb) 
        cumulative, relative to Stage 4 standards.
            (4) Advance qualification and environmental assurance of 
        alternative aviation fuels to support a goal of having 20 
        percent of the jet fuel available for purchase by United States 
        commercial airlines and cargo carriers be alternative fuels.
            (5) Determination of the extent to which new engine and 
        aircraft technologies may be used to retrofit or re-engine 
        aircraft so as to increase the level of penetration into the 
        commercial fleet.

SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECHNOLOGY FOR CIVILIAN 
              AIRCRAFT.

    (a) In General.--From amounts made available under section 48102(a) 
of title 49, United States Code, the Secretary of Transportation shall 
establish a research program related to developing jet fuel from 
natural gas, biomass and other renewable sources through grants or 
other measures authorized under section 106(l)(6) of such title, 
including reimbursable agreements with other Federal agencies.
    (b) Participation in Program.--The Secretary shall--
            (1) include educational and research institutions that have 
        existing facilities and experience in the research, small-scale 
        development, testing, or evaluation of technologies related to 
        the creation, processing, and production of a variety of 
        feedstocks into aviation fuel under the program required by 
        subsection (a); and
            (2) consider utilizing the existing capacity in Aeronautics 
        research at Langley Research Center of the National Aeronautics 
        and Space Administration to carry out the program required by 
        subsection (a).
    (c) Designation of Institution as a Center of Excellence.--Not 
later than 180 days after the date of the enactment of this Act, the 
Administrator of the Federal Aviation Administration shall designate an 
institution described in subsection (b) as a Center of Excellence for 
Alternative Jet-Fuel Research in Civil Aircraft. The Center of 
Excellence shall be a member of the CLEEN Consortium established under 
section 602(b), and shall be part of a Joint Center of Excellence with 
the Partnership for Air Transportation Noise and Emission Reduction FAA 
Center of Excellence.

SEC. 604. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN 
              AIRCRAFT.

    (a) Establishment of Research Program.--From amounts made available 
under section 48102(a) of title 49, United States Code, the Secretary 
of Transportation shall establish a research program related to 
developing jet fuel from clean coal through grants or other measures 
authorized under section 106(l)(6) of such title, including 
reimbursable agreements with other Federal agencies. The program shall 
include participation by educational and research institutions that 
have existing facilities and experience in the development and 
deployment of technology that processes coal to aviation fuel.
    (b) Designation of Institution as a Center of Excellence.--Within 6 
months after the date of enactment of this Act, the Administrator of 
the Federal Aviation Administration shall designate an institution 
described in subsection (a) as a Center of Excellence for Coal-to-Jet-
Fuel Research.

SEC. 605. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

    (a) Continuation of Program.--The Administrator of the Federal 
Aviation Administration shall continue the program to consider awards 
to nonprofit concrete and asphalt pavement research foundations to 
improve the design, construction, rehabilitation, and repair of 
airfield pavements to aid in the development of safer, more cost 
effective, and more durable airfield pavements.
    (b) Use of Grants or Cooperative Agreements.--The Administrator may 
use grants or cooperative agreements in carrying out this section.

SEC. 606. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER RESEARCH.

    Within 60 days after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall--
            (1) initiate evaluation of proposals that would increase 
        capacity throughout the air transportation system by reducing 
        existing spacing requirements between aircraft of all sizes, 
        including research on the nature of wake vortices;
            (2) begin implementation of a system to improve volcanic 
        ash avoidance options for aircraft, including the development 
        of a volcanic ash warning and notification system for aviation; 
        and
            (3) establish research projects on--
                    (A) ground de-icing/anti-icing, ice pellets, and 
                freezing drizzle;
                    (B) oceanic weather, including convective weather;
                    (C) en route turbulence prediction and detection; 
                and
                    (D) all hazards during oceanic operations, where 
                commercial traffic is high and only rudimentary 
                satellite sensing is available, to reduce the hazards 
                presented to commercial aviation.

SEC. 607. INCORPORATION OF UNMANNED AIRCRAFT SYSTEMS INTO FAA PLANS AND 
              POLICIES.

    (a) Research.--
            (1) Equipment.--Section 44504, as amended by section 216 of 
        this Act, is further amended--
                    (A) by inserting ``unmanned and manned'' in 
                subsection (a) after ``improve'';
                    (B) by striking ``and'' after the semicolon in 
                subsection (b)(7);
                    (C) by striking ``emitted.'' in subsection (b)(8) 
                and inserting ``emitted; and''; and
                    (D) by adding at the end of subsection (b) the 
                following:
            ``(9) in conjunction with other Federal agencies as 
        appropriate, to develop technologies and methods to assess the 
        risk of and prevent defects, failures, and malfunctions of 
        products, parts, and processes, for use in all classes of 
        unmanned aircraft systems that could result in a catastrophic 
        failure.''.
            (2) Human Factors; Simulations.--Section 44505(b) is 
        amended--
                    (A) by striking ``and'' after the semicolon in 
                paragraph (4);
                    (B) by striking ``programs.'' in paragraph (5)(C) 
                and inserting ``programs; and''; and
                    (C) by adding at the end thereof the following:
            ``(6) to develop a better understanding of the relationship 
        between human factors and unmanned aircraft systems air safety; 
        and
            ``(7) to develop dynamic simulation models of integrating 
        all classes of unmanned aircraft systems into the National 
        Airspace System.''.
    (b) National Academy of Sciences Assessment.--
            (1) In general.--Within 3 months after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall enter into an arrangement with 
        the National Academy of Sciences for an assessment of unmanned 
        aircraft systems that may include consideration of--
                    (A) human factors regarding unmanned aircraft 
                systems operation;
                    (B) ``detect, sense and avoid technologies'' with 
                respect to both cooperative and non-cooperative 
                aircraft;
                    (C) spectrum issues and bandwidth requirements;
                    (D) operation in suboptimal winds and adverse 
                weather conditions;
                    (E) mechanisms such as the use of transponders for 
                letting other entities know where the unmanned aircraft 
                system is flying;
                    (F) airworthiness and system redundancy;
                    (G) flight termination systems for safety and 
                security;
                    (H) privacy issues;
                    (I) technologies for unmanned aircraft systems 
                flight control;
                    (J) technologies for unmanned aircraft systems 
                propulsion;
                    (K) unmanned aircraft systems operator 
                qualifications, medical standards, and training 
                requirements;
                    (L) unmanned aircraft systems maintenance 
                requirements and training requirements; and
                    (M) any other unmanned aircraft systems-related 
                issue the Administrator believes should be addressed.
            (2) Report.--Within 12 months after initiating the study, 
        the National Academy shall submit its report to the 
        Administrator, the Senate Committee on Commerce, Science, and 
        Transportation, and the House of Representatives Committee on 
        Transportation and Infrastructure containing its findings and 
        recommendations.
    (c) Pilot Projects.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall establish 3 2-year cost-shared 
        pilot projects in sparsely populated, low-density Class G air 
        traffic airspace new test sites to conduct experiments and 
        collect data in order to accelerate the safe integration of 
        unmanned aircraft systems into the National Airspace System as 
        follows:
                    (A) 1 project shall address operational issues 
                required for integration of Category 1 unmanned 
                aircraft systems defined as analogous to RC models 
                covered in the FAA Advisory Circular AC 91-57.
                    (B) 1 project shall address operational issues 
                required for integration of Category 2 unmanned 
                aircraft systems defined as non-standard aircraft that 
                perform special purpose operations. Operators must 
                provide evidence of airworthiness and operator 
                qualifications.
                    (C) 1 project shall address operational issues 
                required for integration of Category 3 unmanned 
                aircraft systems defined as capable of flying 
                throughout all categories of airspace and conforming to 
                part 91 of title 14, Code of Federal Regulations.
                    (D) All 3 pilot projects shall be operational no 
                later than 6 months after being established.
            (2) Use of consortia.--In conducting the pilot projects, 
        the Administrator shall encourage the formation of 
        participating consortia from the public and private sectors, 
        educational institutions, and non-profit organization.
            (3) Report.--Within 90 days after completing the pilot 
        projects, the Administrator shall transmit a report to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure setting forth the Administrator's findings and 
        conclusions concerning the projects.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator for fiscal years 2010 
        and 2011 such sums as may be necessary to conduct the pilot 
        projects.
    (d) Unmanned Aircraft Systems Roadmap.--Within 30 days after the 
date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall approve and make available in print and 
on the Administration's website a 5-year ``roadmap'' for the 
introduction of unmanned aircraft systems into the National Airspace 
System being coordinated by its Unmanned Aircraft Program Office. The 
Administrator shall update the ``roadmap'' annually.
    (e) Updated Policy Statement.--Not later than 90 days after the 
date of enactment of this Act, the Administrator shall issue a notice 
of proposed rulemaking to update the Administration's most recent 
policy statement on unmanned aircraft systems, Docket No. FAA-2006-
25714.
    (f) Expanding the Use of UAS in the Arctic.--Within 6 months after 
the date of enactment of this Act, the Administrator, in consultation 
with the National Oceanic and Atmospheric Administration, the Coast 
Guard, and other Federal agencies as appropriate, shall identify 
permanent areas in the Arctic where small unmanned aircraft may operate 
24 hours per day from 2000 feet to the surface and beyond line-of-sight 
for research and commercial purposes. Within 12 months after the date 
of enactment of this Act, the Administrator shall have established and 
implemented a single process for approving unmanned aircraft use in the 
designated arctic regions regardless of whether the unmanned aircraft 
is used as a public aircraft, a civil aircraft, or as a model aircraft.
    (g) Special Rule for Model Aircraft.--
            (1) In general.--Notwithstanding any other provision of law 
        relating to the incorporation of unmanned aircraft systems into 
        FAA plans and policies,, including this section, the 
        Administrator shall not promulgate any rules or regulations 
        regarding model aircraft or aircraft being developed as model 
        aircraft if such aircraft is--
                    (A) flown strictly for recreational, sport, 
                competition, or academic purposes;
                    (B) operated in accordance with a community-based 
                set of safety guidelines and within the programming of 
                a nationwide community-based organization; and
                    (C) limited to not more than 55 pounds unless 
                otherwise certified through a design, construction, 
                inspection, flight test, and operational safety program 
                currently administered by a community-based 
                organization.
            (2) Model aircraft defined.--For purposes of this 
        subsection, the term ``model aircraft'' means a nonhuman-
        carrying (unmanned) radio-controlled aircraft capable of 
        sustained flight in the atmosphere, navigating the airspace and 
        flown within visual line-of-sight of the operator for the 
        exclusive and intended use for sport, recreation, competition, 
        or academic purposes.
    (h) Defintions.--In this section:
            (1) Arctic.--The term ``Arctic'' means the United States 
        zone of the Chukchi, Beaufort, and Bering Sea north of the 
        Aleutian chain.
            (2) Permanent areas.--The term ``permanent areas'' means 
        areas on land or water that provide for terrestrial launch and 
        recovery of small unmanned aircraft.

SEC. 608. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED RESEARCH 
              AND TRAINING IN THE USE OF ADVANCED MATERIALS IN 
              TRANSPORT AIRCRAFT.

    Section 708(b) of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 44504 note) is amended by striking 
``$500,000 for fiscal year 2004'' and inserting ``$1,000,000 for each 
of fiscal years 2008 through 2012''.

SEC. 609. PILOT PROGRAM FOR ZERO EMISSION AIRPORT VEHICLES.

    (a) In General.--Subchapter I of chapter 471 is amended by 
inserting after section 47136 the following:
``Sec. 47136A. Zero emission airport vehicles and infrastructure
    ``(a) In General.--The Secretary of Transportation shall establish 
a pilot program under which the sponsor of a public-use airport may use 
funds made available under section 47117 or section 48103 for use at 
such airports or passenger facility revenue (as defined in section 
40117(a)(6)) to carry out activities associated with the acquisition 
and operation of zero emission vehicles (as defined in section 88.120-
94 of title 40, Code of Federal Regulations), including the 
construction or modification of infrastructure to facilitate the 
delivery of fuel and services necessary for the use of such vehicles. 
Any use of funds authorized by the preceding sentence shall be 
considered to be an authorized use of funds under section 47117 or 
section 48103, or an authorized use of passenger facility revenue (as 
defined in section 40117(a)(6)), as the case may be.
    ``(b) Location in Air Quality Nonattainment Areas.--
            ``(1) In general.--A public-use airport shall be eligible 
        for participation in the pilot program only if the airport is 
        located in an air quality nonattainment area (as defined in 
        section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))).
            ``(2) Shortage of candidates.--If the Secretary receives an 
        insufficient number of applications from public-use airports 
        located in such areas, then the Secretary may consider 
        applications from public-use airports that are not located in 
        such areas.
    ``(c) Selection Criteria.--In selecting from among applicants for 
participation in the program, the Secretary shall give priority 
consideration to applicants that will achieve the greatest air quality 
benefits measured by the amount of emissions reduced per dollar of 
funds expended under the program.
    ``(d) Federal Share.--Notwithstanding any other provision of this 
subchapter, the Federal share of the costs of a project carried out 
under the program shall be 50 percent.
    ``(e) Technical Assistance.--
            ``(1) In general.--The sponsor of a public-use airport 
        carrying out activities funded under the program may not use 
        more than 10 percent of the amounts made available under the 
        program in any fiscal year for technical assistance in carrying 
        out such activities.
            ``(2) Eligible consortium.--To the maximum extent 
        practicable, participants in the program shall use an eligible 
        consortium (as defined in section 5506 of this title) in the 
        region of the airport to receive technical assistance described 
        in paragraph (1).
    ``(f) Materials Identifying Best Practices.--The Secretary may 
develop and make available materials identifying best practices for 
carrying out activities funded under the program based on projects 
carried out under section 47136 and other sources.''.
    (b) Report on Effectiveness of Program.--Not later than 18 months 
after the date of enactment of the FAA Air Transportation Modernization 
and Safety Improvement Act, the Secretary of Transportation shall 
transmit a report to the Senate Committee on Commerce, Science, and 
Transportation the House of Representatives Committee on Transportation 
and Infrastructure containing--
            (1) an evaluation of the effectiveness of the pilot 
        program;
            (2) an identification of all public-use airports that 
        expressed an interest in participating in the program; and
            (3) a description of the mechanisms used by the Secretary 
        to ensure that the information and know-how gained by 
        participants in the program is transferred among the 
        participants and to other interested parties, including other 
        public-use airports.
    (c) Conforming Amendment.--The table of contents for chapter 471 is 
amended by inserting after the item relating to section 47136 the 
following:

``47136A. Zero emission airport vehicles and infrastructure''.

SEC. 610. REDUCTION OF EMISSIONS FROM AIRPORT POWER SOURCES.

    (a) In General.--Subchapter I of chapter 471 is amended by 
inserting after section 47140 the following:
``Sec. 47140A. Reduction of emissions from airport power sources
    ``(a) In General.--The Secretary of Transportation shall establish 
a program under which the sponsor of each airport eligible to receive 
grants under section 48103 is encouraged to assess the airport's energy 
requirements, including heating and cooling, base load, back-up power, 
and power for on-road airport vehicles and ground support equipment, in 
order to identify opportunities to reduce harmful emissions and 
increase energy efficiency at the airport.
    ``(b) Grants.--The Secretary may make grants under section 48103 to 
assist airport sponsors that have completed the assessment described in 
subsection (a) to acquire or construct equipment, including hydrogen 
equipment and related infrastructure, that will reduce harmful 
emissions and increase energy efficiency at the airport. To be eligible 
for such a grant, the sponsor of such an airport shall submit an 
application to the Secretary, at such time, in such manner, and 
containing such information as the Secretary may require.''.
    (b) Conforming Amendment.--The table of contents for chapter 471 is 
amended by inserting after the item relating to section 47140 the 
following:

``47140A. Reduction of emissions from airport power sources''.

SEC. 611. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL AIDES AND OTHER 
              ASSETS.

    (a) Survey and Assessment.--
            (1) In general.--In order to address safety and operational 
        concerns associated with the construction, alteration, 
        establishment, or expansion of wind farms in proximity to 
        critical FAA facilities, the Administrator shall, within 60 
        days after the date of enactment of this Act, complete a survey 
        and assessment of leases for critical FAA facility sites, 
        including--
                    (A) an inventory of the leases that describes, for 
                each such lease--
                            (i) the periodic cost, location, site, 
                        terms, number of years remaining, and lessor;
                            (ii) other Administration facilities that 
                        share the leasehold, including surveillance and 
                        communications equipment; and
                            (iii) the type of transmission services 
                        supported, including the terms of service, 
                        cost, and support contract obligations for the 
                        services; and
                    (B) a list of those leases for facilities located 
                in or near areas suitable for the construction and 
                operation of wind farms, as determined by the 
                Administrator in consultation with the Secretary of 
                Energy.
            (2) Report.--Upon completion of the survey and assessment, 
        the Administrator shall submit a report to the Senate Committee 
        on Commerce, Science, and Transportation, the House of 
        Representatives Committee on Transportation and Infrastructure, 
        and the Comptroller General containing the Administrator's 
        findings, conclusions, and recommendations.
    (b) GAO Assessment.--
            (1) In general.--Within 180 days after receiving the 
        Administrator's report under subsection (a)(2), the Comptroller 
        General, in consultation with the Administrator, shall report 
        on--
                    (A) the current and potential impact of wind farms 
                on the national airspace system;
                    (B) the extent to which the Department of Defense 
                and the Federal Aviation Administration have guidance, 
                processes, and procedures in place to evaluate the 
                impact of wind farms on the implementation of the Next 
                Generation air traffic control system; and
                    (C) potential mitigation strategies, if necessary, 
                to ensure that wind farms do not have an adverse impact 
                on the implementation of the Next Generation air 
                traffic control system, including the installation of 
                navigational aides associated with that system.
    (c) Issuance of Guidelines; Public Information.--
            (1) Guidance.--Within 60 days after the Administrator 
        receives the Comptroller's recommendations, the Administrator 
        shall publish guidelines for the construction and operation of 
        wind farms to be located in proximity to critical Federal 
        Aviation Administration facilities. The guidelines may 
        include--
                    (A) the establishment of a zone system for wind 
                farms based on proximity to critical FAA assets;
                    (B) the establishment of turbine height and density 
                limitations on such wind farms;
                    (C) requirements for notice to the Administration 
                under section 44718(a) of title 49, United States Code, 
                before the construction, alteration, establishment, or 
                expansion of a such a wind farm; and
                    (D) any other requirements or recommendations 
                designed to address Administration safety or 
                operational concerns related to the construction, 
                alteration, establishment, or expansion of such wind 
                farms.
            (2) Public Access to Information.--To the extent feasible, 
        taking into consideration security, operational, and public 
        safety concerns (as determined by the Administrator), the 
        Administrator shall provide public access to information 
        regarding the planning, construction, and operation of wind 
        farms in proximity to critical FAA facilities on, or by linkage 
        from, the homepage of the Federal Aviation Administration's 
        public website.
    (d) Consultation With Other Federal Agencies.--In carrying out this 
section, the Administrator and the Comptroller General shall consult, 
as appropriate, with the Secretaries of the Army, the Navy, the Air 
Force, Homeland Security, and Energy--
            (1) to coordinate the requirements of each department for 
        future air space needs;
            (2) to determine what the acceptable risks are to the 
        existing infrastructure of each department; and
            (3) to define the different levels of risk for such 
        infrastructure.
    (e) Reports.--The Administrator and the Comptroller General shall 
provide a copy of reports under subsections (a) and (b), respectively, 
to the Senate Committee on Homeland Security and Governmental Affairs, 
the Senate Committee on Armed Services, the House of Representatives 
Committee on Homeland Security, the House of Representatives Committee 
on Armed Services, and the House of Representatives Committee on 
Science and Technology, as appropriate.
    (f) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        Federal Aviation Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (3) Critical faa facilities.--The term ``critical FAA 
        facilities'' means facilities on which are located navigational 
        aides, surveillance systems, or communications systems used by 
        the Administration in administration of the national airspace 
        system.
            (4) Wind farm.--The term ``wind farm'' means an 
        installation of 1 or more wind turbines used for the generation 
        of electricity.

SEC. 612. RESEARCH AND DEVELOPMENT FOR EQUIPMENT TO CLEAN AND MONITOR 
              THE ENGINE AND APU BLEED AIR SUPPLIED ON PRESSURIZED 
              AIRCRAFT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administration 
shall, to the degree practicable, implement a research program for the 
identification or development of appropriate and effective air cleaning 
technology and sensor technology for the engine and auxiliary power 
unit (APU) bleed air supplied to the passenger cabin and flight deck of 
all pressurized aircraft.
    (b) Technology Requirements.--The technology referred to in 
subsection (a) should, at a minimum, have the capacity--
            (1) to remove oil-based contaminants from the bleed air 
        supplied to the passenger cabin and flight deck; and
            (2) to detect and record oil-based contaminants in the 
        portion of the total air supplied to the passenger cabin and 
        flight deck from bleed air.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the results of the research and development work carried out 
under this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums are as necessary to carry out this section.

                        TITLE VII--MISCELLANEOUS

SEC. 701. GENERAL AUTHORITY.

    (a) Third Party Liability.--Section 44303(b) is amended by striking 
``December 31, 2009,'' and inserting ``December 31, 2012,''.
    (b) Extension of Program Authority.--Section 44310 is amended by 
striking ``December 31, 2013.'' and inserting ``October 1, 2017.''.
    (c) War Risk.--Section 44302(f)(1) is amended--
            (1) by striking ``September 30, 2009,'' and inserting 
        ``September 30, 2011,''; and
            (2) by striking ``December 31, 2009,'' and inserting 
        ``December 31, 2011,''.

SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.

    Within 6 months after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall develop a 
Human Intervention Management Study program for cabin crews employed by 
commercial air carriers in the United States.

SEC. 703. AIRPORT PROGRAM MODIFICATIONS.

    The Administrator of the Federal Aviation Administration--
            (1) shall establish a formal, structured certification 
        training program for the airport concessions disadvantaged 
        business enterprise program; and
            (2) may appoint 3 additional staff to implement the 
        programs of the airport concessions disadvantaged business 
        enterprise initiative.

SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.

    (a) Marshall Islands, Federated States of Micronesia, and Palau.--
Section 47115(j) is amended by striking ``2009,'' and inserting 
``2011,''.
    (b) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by 
striking ``2009,'' and inserting ``2011,''.

SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.

    Section 47107(s) is amended by striking paragraph (3).

SEC. 706. UPDATE ON OVERFLIGHTS.

    (a) In General.--Section 45301(b) is amended to read as follows:
    ``(b) Limitations.--
            ``(1) In general.--In establishing fees under subsection 
        (a), the Administrator shall ensure that the fees required by 
        subsection (a) are reasonably related to the Administration's 
        costs, as determined by the Administrator, of providing the 
        services rendered. Services for which costs may be recovered 
        include the costs of air traffic control, navigation, weather 
        services, training, and emergency services which are available 
        to facilitate safe transportation over the United States, and 
        other services provided by the Administrator or by programs 
        financed by the Administrator to flights that neither take off 
        nor land in the United States. The determination of such costs 
        by the Administrator is not subject to judicial review.
            ``(2) Adjustment of fees.--The Administrator shall adjust 
        the overflight fees established by subsection (a)(1) by 
        expedited rulemaking and begin collections under the adjusted 
        fees by October 1, 2010. In developing the adjusted overflight 
        fees, the Administrator shall seek and consider the 
        recommendations, if any, offered by the Aviation Rulemaking 
        Committee for Overflight Fees that are intended to ensure that 
        overflight fees are reasonably related to the Administrator's 
        costs of providing air traffic control and related services to 
        overflights. In addition, the Administrator may periodically 
        modify the fees established under this section either on the 
        Administrator's own initiative or on a recommendation from the 
        Air Traffic Control Modernization Board.
            ``(3) Cost data.--The adjustment of overflight fees under 
        paragraph (2) shall be based on the costs to the Administration 
        of providing the air traffic control and related activities, 
        services, facilities, and equipment using the available data 
        derived from the Administration's cost accounting system and 
        cost allocation system to users, as well as budget and 
        operational data.
            ``(4) Aircraft altitude.--Nothing in this section shall 
        require the Administrator to take into account aircraft 
        altitude in establishing any fee for aircraft operations in en 
        route or oceanic airspace.
            ``(5) Costs defined.--In this subsection, the term `costs' 
        means those costs associated with the operation, maintenance, 
        debt service, and overhead expenses of the services provided 
        and the facilities and equipment used in such services, 
        including the projected costs for the period during which the 
        services will be provided.
            ``(6) Publication; comment.--The Administrator shall 
        publish in the Federal Register any fee schedule under this 
        section, including any adjusted overflight fee schedule, and 
        the associated collection process as a proposed rule, pursuant 
        to which public comment will be sought and a final rule 
        issued.''.
    (b) Administrative Provision.--Section 45303(c)(2) is amended to 
read as follows:
            ``(2) shall be available to the Administrator for 
        expenditure for purposes authorized by Congress for the Federal 
        Aviation Administration, however, fees established by section 
        45301(a)(1) of this title shall be available only to pay the 
        cost of activities and services for which the fee is imposed, 
        including the costs to determine, assess, review, and collect 
        the fee; and''.

SEC. 707. TECHNICAL CORRECTIONS.

    Section 40122(g), as amended by section 307 of this Act, is further 
amended--
            (1) by striking ``section 2302(b), relating to 
        whistleblower protection,'' in paragraph (2)(A) and inserting 
        ``sections 2301 and 2302,'';
            (2) by striking ``and'' after the semicolon in paragraph 
        (2)(H);
            (3) by striking ``Plan.'' in paragraph (2)(I)(iii) and 
        inserting ``Plan;'';
            (4) by adding at the end of paragraph (2) the following:
                    ``(J) section 5596, relating to back pay; and
                    ``(K) sections 6381 through 6387, relating to 
                Family and Medical Leave.''; and
            (5) by adding at the end of paragraph (3) ``Notwithstanding 
        any other provision of law, retroactive to April 1, 1996, the 
        Board shall have the same remedial authority over such employee 
        appeals that it had as of March 31, 1996.''.

SEC. 708. FAA TECHNICAL TRAINING AND STAFFING.

    (a) Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the training of airway transportation systems 
        specialists of the Federal Aviation Administration that 
        includes--
                    (A) an analysis of the type of training provided to 
                such specialists;
                    (B) an analysis of the type of training that such 
                specialists need to be proficient in the maintenance of 
                the latest technologies;
                    (C) actions that the Administration has undertaken 
                to ensure that such specialists receive up-to-date 
                training on such technologies;
                    (D) the amount and cost of training provided by 
                vendors for such specialists;
                    (E) the amount and cost of training provided by the 
                Administration after developing in-house training 
                courses for such specialists;
                    (F) the amount and cost of travel required of such 
                specialists in receiving training; and
                    (G) a recommendation regarding the most cost-
                effective approach to providing such training.
            (2) Report.--Within 1 year after the date of enactment of 
        this Act, the Comptroller General shall transmit a report on 
        the study containing the Comptroller General's findings and 
        recommendations to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure.
    (b) Study by National Academy of Sciences.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall contract with the National 
        Academy of Sciences to conduct a study of the assumptions and 
        methods used by the Federal Aviation Administration to estimate 
        staffing needs for Federal Aviation Administration air traffic 
        controllers, system specialists, and engineers to ensure proper 
        maintenance, certification, and operation of the National 
        Airspace System. The National Academy of Sciences shall consult 
        with the Exclusive Bargaining Representative certified under 
        section 7111 of title 5, United States Code, and the 
        Administration (including the Civil Aeronautical Medical 
        Institute) and examine data entailing human factors, traffic 
        activity, and the technology at each facility.
            (2) Contents.--The study shall include--
                    (A) recommendations for objective staffing 
                standards that maintain the safety of the National 
                Airspace System; and
                    (B) the approximate length of time for developing 
                such standards.
            (3) Report.--Not later than 24 months after executing a 
        contract under subsection (a), the National Academy of Sciences 
        shall transmit a report containing its findings and 
        recommendations to the Congress.
    (c) Aviation Safety Inspectors.--
            (1) Safety staffing model.--Within 12 months after the date 
        of enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall develop a staffing model for 
        aviation safety inspectors. In developing the model, the 
        Administrator shall consult with representatives of the 
        aviation safety inspectors and other interested parties.
            (2) Safety inspector staffing.--The Federal Aviation 
        Administration aviation safety inspector staffing requirement 
        shall be no less than the staffing levels indicated as 
        necessary in the staffing model described under subsection (a).
    (d) Alaska Flight Service Stations.--Not later than 180 days after 
the date of the enactment of this Act, the Administrator, in 
conjunction with flight service station personnel, shall submit a 
report to Congress on the future of flight service stations in Alaska, 
which includes--
            (1) an analysis of the number of flight service specialists 
        needed, the training needed by such personnel, and the need for 
        a formal training and hiring program for such personnel;
            (2) a schedule for necessary inspection, upgrades, and 
        modernization of stations and equipment; and
            (3) a description of the interaction between flight service 
        stations operated by the Administration and flight service 
        stations operated by contractors.

SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NATIONAL PARKS.

    (a) Secretary of the Interior and Overflights of National Parks.--
            (1) Section 40128 is amended--
                    (A) by striking paragraph (8) of subsection (f);
                    (B) by striking ``Director'' each place it appears 
                and inserting ``Secretary of the Interior'';
                    (C) by striking ``National Park Service'' in 
                subsection (a)(2)(B)(vi) and inserting ``Department of 
                the Interior''; and
                    (D) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``, in 
                                        cooperation with'' and 
                                        inserting ``and''; and
                                            (bb) by striking ``The air 
                                        tour'' and all that follows; 
                                        and
                                    (II) by redesignating subparagraph 
                                (B) as subparagraph (C);
                                    (III) by inserting after 
                                subparagraph (A) the following:
                    ``(B) Process and approval.--The Federal Aviation 
                Administration has sole authority to control airspace 
                over the United States. The National Park Service has 
                the sole responsibility for conserving the scenery and 
                natural resources in National Parks and providing for 
                the enjoyment of the National Parks unimpaired for 
                future generations. Each air tour management plan shall 
                be--
                            ``(i) developed through a public process 
                        that complies with paragraph (4); and
                            ``(ii) approved by the Administrator and 
                        the Director.''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(D) Exception.--An application to begin 
                commercial air tour operations at Crater Lake National 
                Park may be denied without the establishment of an air 
                tour management plan by the Director of the National 
                Park Service if the Director determines that such 
                operations would unacceptably impact park resources or 
                visitor experiences.''; and
                            (ii) in paragraph (4)(C), by striking 
                        ``National Park Service'' and inserting 
                        ``Department of the Interior''.
            (2) The National Parks Air Tour Management Act of 2000 (49 
        U.S.C. 40128 note) is amended--
                    (A) by striking ``Director'' in section 804(b) and 
                inserting ``Secretary of the Interior'';
                    (B) in section 805--
                            (i) by striking ``Director of the National 
                        Park Service'' in subsection (a) and inserting 
                        ``Secretary of the Interior'';
                            (ii) by striking ``Director'' each place it 
                        appears and inserting ``Secretary of the 
                        Interior'';
                            (iii) by striking ``National Park Service'' 
                        each place it appears in subsection (b) and 
                        inserting ``Department of the Interior'';
                            (iv) by striking ``National Park Service'' 
                        in subsection (d)(2) and inserting ``Department 
                        of the Interior''; and
                    (C) in section 807--
                            (i) by striking ``National Park Service'' 
                        in subsection (a)(1) and inserting ``Department 
                        of the Interior''; and
                            (ii) by striking ``Director of the National 
                        Park Service'' in subsection (b) and inserting 
                        ``Secretary of the Interior''.
    (b) Allowing Overflights in Case of Agreement.--Paragraph (1) of 
subsection (a) of section 40128 is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (B);
            (2) by striking ``lands.'' in subparagraph (C) and 
        inserting ``lands; and''; and
            (3) by adding at the end the following:
                    ``(D) in accordance with a voluntary agreement 
                between the commercial air tour operator and 
                appropriate representatives of the national park or 
                tribal lands, as the case may be.''.
    (c) Modification of Interim Operating Authority.--Section 
40128(c)(2)(I) is amended to read as follows:
                    ``(I) may allow for modifications of the interim 
                operating authority without further environmental 
                process, if--
                            ``(i) adequate information on the existing 
                        and proposed operations of the commercial air 
                        tour operator is provided to the Administrator 
                        and the Secretary by the operator seeking 
                        operating authority;
                            ``(ii) the Administrator determines that 
                        the modifications would not adversely affect 
                        aviation safety or the management of the 
                        national airspace system; and
                            ``(iii) the Secretary agrees that the 
                        modifications would not adversely affect park 
                        resources and visitor experiences.''.
    (d) Reporting Requirements for Commercial Air Tour Operators.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and annually thereafter, each 
        commercial air tour conducting commercial air tour operations 
        over a national park shall report to the Administrator of the 
        Federal Aviation Administration and the Secretary of the 
        Interior on--
                    (A) the number of commercial air tour operations 
                conducted by such operator over the national park each 
                day;
                    (B) any relevant characteristics of commercial air 
                tour operations, including the routes, altitudes, 
                duration, and time of day of flights; and
                    (C) such other information as the Administrator and 
                the Secretary may determine necessary to administer the 
                provisions of the National Parks Air Tour Management 
                Act of 2000 (49 U.S.C. 40128 note).
            (2) Format.--The report required by paragraph (1) shall be 
        submitted in such form as the Administrator and the Secretary 
        determine to be appropriate.
            (3) Effect of failure to report.--The Administrator shall 
        rescind the operating authority of a commercial air tour 
        operator that fails to file a report not later than 180 days 
        after the date for the submittal of the report described in 
        paragraph (1).
            (4) Audit of reports.--Not later than 2 years after the 
        date of the enactment of this Act, and at such times thereafter 
        as the Inspector General of the Department of Transportation 
        determines necessary, the Inspector General shall audit the 
        reports required by paragraph (1).
    (e) Collection of Fees From Air Tour Operations.--
            (1) In general.--The Secretary of the Interior shall assess 
        a fee in an amount determined by the Secretary under paragraph 
        (2) on a commercial air tour operator conducting commercial air 
        tour operations over a national park.
            (2) Amount of fee.--In determining the amount of the fee 
        assessed under paragraph (1), the Secretary shall collect 
        sufficient revenue, in the aggregate, to pay for the expenses 
        incurred by the Federal Government to develop air tour 
        management plans for national parks.
            (3) Effect of failure to pay fee.--The Administrator of the 
        Federal Aviation Administration shall revoke the operating 
        authority of a commercial air tour operator conducting 
        commercial air tour operations over any national park, 
        including the Grand Canyon National Park, that has not paid the 
        fee assessed by the Secretary under paragraph (1) by the date 
        that is 180 days after the date on which the Secretary 
        determines the fee shall be paid.
    (f) Funding for Air Tour Management Plans.--The Secretary of the 
Interior shall use the amounts collected under subsection (e) to 
develop air tour management plans under section 40128(b) of title 49, 
United States Code, for the national parks the Secretary determines 
would most benefit from such a plan.
    (g) Guidance to District Offices on Commercial Air Tour 
Operators.--The Administrator of the Federal Aviation Administration 
shall provide to the Administration's district offices clear guidance 
on the ability of commercial air tour operators to obtain--
            (1) increased safety certifications;
            (2) exemptions from regulations requiring safety 
        certifications; and
            (3) other information regarding compliance with the 
        requirements of this Act and other Federal and State laws and 
        regulations.
    (h) Operating Authority of Commercial Air Tour Operators.--
            (1) Transfer of operating authority.--
                    (A) In general.--Subject to subparagraph (B), a 
                commercial air tour operator that obtains operating 
                authority from the Administrator under section 40128 of 
                title 49, United States Code, to conduct commercial air 
                tour operations may transfer such authority to another 
                commercial air tour operator at any time.
                    (B) Notice.--Not later than 30 days before the date 
                on which a commercial air tour operator transfers 
                operating authority under subparagraph (A), the 
                operator shall notify the Administrator and the 
                Secretary of the intent of the operator to transfer 
                such authority.
                    (C) Regulations.--Not later than 180 days after the 
                date of the enactment of this Act, the Administrator 
                shall prescribe regulations to allow transfers of 
                operating authority described in subparagraph (A).
            (2) Time for determination regarding operating authority.--
        Notwithstanding any other provision of law, the Administrator 
        shall determine whether to grant a commercial air tour operator 
        operating authority under section 40128 of title 49, United 
        States Code, not later than 180 days after the earlier of the 
        date on which--
                    (A) the operator submits an application; or
                    (B) an air tour management plan is completed for 
                the national park over which the operator seeks to 
                conduct commercial air tour operations.
            (3) Increase in interim operating authority.--The 
        Administrator and the Secretary may increase the interim 
        operating authority while an air tour management plan is being 
        developed for a park if--
                    (A) the Secretary determines that such an increase 
                does not adversely impact park resources or visitor 
                experiences; and
                    (B) the Administrator determines that granting 
                interim operating authority does not adversely affect 
                aviation safety or the management of the national 
                airspace system.
            (4) Enforcement of operating authority.--The Administrator 
        is authorized and directed to enforce the requirements of this 
        Act and any agency rules or regulations related to operating 
        authority.

SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT.

    (a) In General.--Subchapter II of chapter 475 is amended by adding 
at the end the following:
``Sec. 47534. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with Stage 3 noise levels
    ``(a) Prohibition.--Except as provided in subsection (b), (c), or 
(d), a person may not operate a civil subsonic turbojet with a maximum 
weight of 75,000 pounds or less to or from an airport in the United 
States unless the Secretary of Transportation finds that the aircraft 
complies with stage 3 noise levels.
    ``(b) Exception.--Subsection (a) shall not apply to aircraft 
operated only outside the 48 contiguous States.
    ``(c) Opt-Out.--Subsection (a) shall not apply at an airport where 
the airport operator has notified the Secretary that it wants to 
continue to permit the operation of civil subsonic turbojets with a 
maximum weight of 75,000 pounds or less that do not comply with stage 3 
noise levels. The Secretary shall post the notices received under this 
subsection on its website or in another place easily accessible to the 
public.
    ``(d) Limitation.--The Secretary shall permit a person to operate 
Stage 1 and Stage 2 aircraft with a maximum weight of 75,000 pounds or 
less to or from an airport in the contiguous 48 States in order--
            ``(1) to sell, lease, or use the aircraft outside the 48 
        contiguous States;
            ``(2) to scrap the aircraft;
            ``(3) to obtain modifications to the aircraft to meet stage 
        3 noise levels;
            ``(4) to perform scheduled heavy maintenance or significant 
        modifications on the aircraft at a maintenance facility located 
        in the contiguous 48 states;
            ``(5) to deliver the aircraft to an operator leasing the 
        aircraft from the owner or return the aircraft to the lessor;
            ``(6) to prepare or park or store the aircraft in 
        anticipation of any of the activities described in paragraphs 
        (1) through (5); or
            ``(7) to divert the aircraft to an alternative airport in 
        the 48 contiguous States on account of weather, mechanical, 
        fuel air traffic control or other safety reasons while 
        conducting a flight in order to perform any of the activities 
        described in paragraphs (1) through (6).
    ``(e) Statutory Construction.--Nothing in the section may be 
construed as interfering with, nullifying, or otherwise affecting 
determinations made by the Federal Aviation Administration, or to be 
made by the Administration, with respect to applications under part 161 
of title 14, Code of Federal Regulations, that were pending on the date 
of enactment of the Aircraft Noise Reduction Act of 2006.''.
    (b) Conforming Amendments.--
            (1) Section 47531 is amended by striking ``47529, or 
        47530'' and inserting ``47529, 47530, or 47534''.
            (2) Section 47532 is amended by striking ``47528-47531'' 
        and inserting ``47528 through 47531 or 47534''.
            (3) The table of contents for chapter 475 is amended by 
        inserting after the item relating to section 47533 the 
        following:

``47534. Prohibition on operating certain aircraft weighing 75,000 
                            pounds or less not complying with Stage 3 
                            noise levels''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on December 31, 2014.

SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT.

    On and after the date of the enactment of this Act, the 
Administrator of the Federal Aviation Administration is prohibited from 
taking actions designed to challenge or influence weight restrictions 
or prior permission rules at Teterboro Airport in Teterboro, New 
Jersey, except in an emergency.

SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
establish a pilot program at up to 4 public-use airports for local 
airport operators that have submitted a noise compatibility program 
approved by the Federal Aviation Administration under section 47504 of 
title 49, United States Code, under which such airport operators may 
use funds made available under section 47117(e) of that title, or 
passenger facility revenue collected under section 40117 of that title, 
in partnership with affected neighboring local jurisdictions, to 
support joint planning, engineering design, and environmental 
permitting for the assembly and redevelopment of property purchased 
with noise mitigation funds or passenger facility charge funds, to 
encourage airport-compatible land uses and generate economic benefits 
to the local airport authority and adjacent community.
    (b) Noise Compatibility Measures.--Section 47504(a)(2) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (D);
            (2) by striking ``operations.'' in subparagraph (E) and 
        inserting ``operations; and''; and
            (3) by adding at the end the following:
            ``(F) joint comprehensive land use planning including 
        master plans, traffic studies, environmental evaluation and 
        economic and feasibility studies, with neighboring local 
        jurisdictions undertaking community redevelopment in the area 
        where the land or other property interest acquired by the 
        airport operator pursuant to this subsection is located, to 
        encourage and enhance redevelopment opportunities that reflect 
        zoning and uses that will prevent the introduction of 
        additional incompatible uses and enhance redevelopment 
        potential.''.
    (c) Grant Requirements.--The Administrator may not make a grant 
under subsection (a) unless the grant is made--
            (1) to enable the airport operator and local jurisdictions 
        undertaking the community redevelopment effort to expedite 
        redevelopment efforts;
            (2) subject to a requirement that the local jurisdiction 
        governing the property interests in question has adopted zoning 
        regulations that permit airport compatible redevelopment; and
            (3) subject to a requirement that, in determining the part 
        of the proceeds from disposing of the land that is subject to 
        repayment or reinvestment under section 47107(c)(2)(A) of title 
        49, United States Code, the total amount of the grant issued 
        under this section shall be added to the amount of any grants 
        issued for acquisition of land.
    (d) Demonstration Grants.--
            (1) In general.--The Administrator shall provide grants for 
        up to 4 pilot property redevelopment projects distributed 
        geographically and targeted to airports that demonstrate--
                    (A) a readiness to implement cooperative land use 
                management and redevelopment plans with the adjacent 
                community; and
                    (B) the probability of clear economic benefit to 
                the local community and financial return to the airport 
                through the implementation of the redevelopment plan.
            (2) Federal share.--
                    (A) Notwithstanding any other provision of law, the 
                Federal share of the allowable costs of a project 
                carried out under the pilot program shall be 80 
                percent.
                    (B) In determining the allowable costs, the 
                Administrator shall deduct from the total costs of the 
                activities described in subsection (a) that portion of 
                the costs which is equal to that portion of the total 
                property to be redeveloped under this section that is 
                not owned or to be acquired by the airport operator 
                pursuant to the noise compatibility program or that is 
                not owned by the affected neighboring local 
                jurisdictions or other public entities.
            (3) Maximum amount.--Not more than $5,000,000 in funds made 
        available under section 47117(e) of title 49, United States 
        Code, may be expended under the pilot program at any single 
        public-use airport.
            (4) Exception.--Amounts paid to the Administrator under 
        subsection (c)(3)--
                    (A) shall be in addition to amounts authorized 
                under section 48203 of title 49, United States Code;
                    (B) shall not be subject to any limitation on grant 
                obligations for any fiscal year; and
                    (C) shall remain available until expended.
    (e) Use of Passenger Revenue.--An airport sponsor that owns or 
operates an airport participating in the pilot program may use 
passenger facility revenue collected under section 40117 of title 49, 
United States Code, to pay any project cost described in subsection (a) 
that is not financed by a grant under the program.
    (f) Sunset.--This section, other than the amendments made by 
subsections (b), shall not be in effect after September 30, 2011.
    (g) Report to Congress.--The Administrator shall report to Congress 
within 18 months after making the first grant under this section on the 
effectiveness of this program on returning part 150 lands to productive 
use.

SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS.

    (a) In General.--Subchapter I of chapter 417 is amended by adding 
at the end thereof the following:
``Sec. 41724. Musical instruments
    ``(a) In General.--
            ``(1) Small instruments as carry-on baggage.--An air 
        carrier providing air transportation shall permit a passenger 
        to carry a violin, guitar, or other musical instrument in the 
        aircraft cabin without charge if--
                    ``(A) the instrument can be stowed safely in a 
                suitable baggage compartment in the aircraft cabin or 
                under a passenger seat; and
                    ``(B) there is space for such stowage at the time 
                the passenger boards the aircraft.
            ``(2) Larger instruments as carry-on baggage.--An air 
        carrier providing air transportation shall permit a passenger 
        to carry a musical instrument that is too large to meet the 
        requirements of paragraph (1) in the aircraft cabin without 
        charge if--
                    ``(A) the instrument is contained in a case or 
                covered so as to avoid injury to other passengers;
                    ``(B) the weight of the instrument, including the 
                case or covering, does not exceed 165 pounds;
                    ``(C) the instrument can be secured by a seat belt 
                to avoid shifting during flight;
                    ``(D) the instrument does not restrict access to, 
                or use of, any required emergency exit, regular exit, 
                or aisle;
                    ``(E) the instrument does not obscure any 
                passenger's view of any illuminated exit, warning, or 
                other informational sign;
                    ``(F) neither the instrument nor the case contains 
                any object not otherwise permitted to be carried in an 
                aircraft cabin because of a law or regulation of the 
                United States; and
                    ``(G) the passenger wishing to carry the instrument 
                in the aircraft cabin has purchased an additional seat 
                to accommodate the instrument.
            ``(3) Large instruments as checked baggage.--An air carrier 
        shall transport as baggage, without charge, a musical 
        instrument that is the property of a passenger traveling in air 
        transportation that may not be carried in the aircraft cabin 
        if--
                    ``(A) the sum of the length, width, and height 
                measured in inches of the outside linear dimensions of 
                the instrument (including the case) does not exceed 150 
                inches; and
                    ``(B) the weight of the instrument does not exceed 
                165 pounds.
    ``(b) Regulations.--The Secretary may prescribe such regulations as 
may be necessary or appropriate to implement subsection (a).''.
    (b) Conforming Amendment.--The table of contents for chapter 417 is 
amended by inserting after the item relating to section 41723 the 
following:

``41724. Musical instruments''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 30 days after the date of enactment of this Act.

SEC. 714. RECYCLING PLANS FOR AIRPORTS.

    (a) Airport Planning.--Section 47102(5) is amended by striking 
``planning.'' and inserting ``planning and a plan for recycling and 
minimizing the generation of airport solid waste, consistent with 
applicable State and local recycling laws, including the cost of a 
waste audit.''.
    (b) Master Plan.--Section 47106(a) is amended--
            (1) by striking ``and'' in paragraph (4);
            (2) by striking ``proposed.'' in paragraph (5) and 
        inserting ``proposed; and''; and
            (3) by adding at the end the following:
            ``(6) if the project is for an airport that has an airport 
        master plan, the master plan addresses--
                    ``(A) the feasibility of solid waste recycling at 
                the airport;
                    ``(B) minimizing the generation of solid waste at 
                the airport;
                    ``(C) operation and maintenance requirements;
                    ``(D) the review of waste management contracts;
                    ``(E) the potential for cost savings or the 
                generation of revenue; and
                    ``(F) training and education requirements.''.

SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ADJUSTMENTS.

    (a) Purpose.--It is the purpose of the airport disadvantaged 
business enterprise program (49 U.S.C. 47107(e) and 47113) to ensure 
that minority- and women-owned businesses do not face barriers because 
of their race or gender and so that they have a fair opportunity to 
compete in Federally assisted airport contracts and concessions.
    (b) Findings.--The Congress finds the following:
            (1) While significant progress has occurred due to the 
        enactment of the airport disadvantaged business enterprise 
        program (49 U.S.C. 47107(e) and 47113), discrimination 
        continues to be a barrier for minority- and women-owned 
        businesses seeking to do business in airport-related markets. 
        This continuing barrier merits the continuation of the airport 
        disadvantaged business enterprise program.
            (2) The Congress has received recent evidence of 
        discrimination from numerous sources, including congressional 
        hearings and roundtables, scientific reports, reports issued by 
        public and private agencies, news stories, reports of 
        discrimination by organizations and individuals, and 
        discrimination lawsuits. This evidence also shows that race- 
        and gender-neutral efforts alone are insufficient to address 
        the problem.
            (3) This evidence demonstrates that discrimination across 
        the nation poses a barrier to full and fair participation in 
        airport related businesses of women business owners and 
        minority business owners in the racial groups detailed in parts 
        23 and 26 of title 49, Code of Federal Regulations, and has 
        impacted firm development and many aspects of airport related 
        business in the public and private markets.
            (4) This evidence provides a strong basis for the 
        continuation of the airport disadvantaged business enterprise 
        program and the airport concessions disadvantaged business 
        enterprise program.
    (c) In General.--Section 47107(e) is amended--
                    (1) by redesignating paragraph (8) as paragraph 
                (9); and
                    (2) by inserting after paragraph (7) the following:
                    ``(8) Mandatory training program for airport 
                concessions.--
                            ``(A) In general.--Not later than one year 
                        after the date of enactment of the FAA Air 
                        Transportation Modernization and Safety 
                        Improvement Act, the Secretary shall establish 
                        a mandatory training program for persons 
                        described in subparagraph (C) on the 
                        certification of whether a small business 
                        concern in airport concessions qualifies as a 
                        small business concern owned and controlled by 
                        a socially and economically disadvantaged 
                        individual for purposes of paragraph (1).
                            ``(B) Implementation.--The training program 
                        may be implemented by one or more private 
                        entities approved by the Secretary.
                            ``(C) Participants.--A person referred to 
                        in paragraph (1) is an official or agent of an 
                        airport owner or operator who is required to 
                        provide a written assurance under paragraph (1) 
                        that the airport owner or operator will meet 
                        the percentage goal of paragraph (1) or who is 
                        responsible for determining whether or not a 
                        small business concern in airport concessions 
                        qualifies as a small business concern owned and 
                        controlled by a socially and economically 
                        disadvantaged individual for purposes of 
                        paragraph (1).
                            ``(D) Authorization of appropriations.--
                        There are authorized to be appropriated to the 
                        Secretary such sums as may be necessary to 
                        carry out this paragraph.''.
    (d) Report.--Not later than 24 months after the date of enactment 
of this Act, the Secretary shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Transportation and Infrastructure, and 
other appropriate committees of Congress on the results of the training 
program conducted under section 47107(e)(8) of title 49, United States 
Code, as added by subsection (a).
    (e) Disadvantaged Business Enterprise Personal Net Worth Cap; 
Bonding Requirements.--Section 47113 is amended by adding at the end 
the following:
    ``(e) Personal Net Worth Cap.--Not later than 180 days after the 
date of enactment of the FAA Air Transportation Modernization and 
Safety Improvement Act, the Secretary shall issue final regulations to 
adjust the personal net worth cap used in determining whether an 
individual is economically disadvantaged for purposes of qualifying 
under the definition contained in subsection (a)(2) and under section 
47107(e). The regulations shall correct for the impact of inflation 
since the Small Business Administration established the personal net 
worth cap at $750,000 in 1989.
    ``(f) Exclusion of Retirement Benefits.--
            ``(1) In general.--In calculating a business owner's 
        personal net worth, any funds held in a qualified retirement 
        account owned by the business owner shall be excluded, subject 
        to regulations to be issued by the Secretary.
            ``(2) Regulations.--Not later than one year after the date 
        of enactment of the FAA Air Transportation Modernization and 
        Safety Improvement Act, the Secretary shall issue final 
        regulations to implement paragraph (1), including consideration 
        of appropriate safeguards, such as a limit on the amount of 
        such accounts, to prevent circumvention of personal net worth 
        requirements.
    ``(g) Prohibition on Excessive or Discriminatory Bonding 
Requirements.--
            ``(1) In general.--The Secretary shall establish a program 
        to eliminate barriers to small business participation in 
        airport-related contracts and concessions by prohibiting 
        excessive, unreasonable, or discriminatory bonding requirements 
        for any project funded under this chapter or using passenger 
        facility revenues under section 40117.
            ``(2) Regulations.--Not later than one year after the date 
        of enactment of the FAA Air Transportation Modernization and 
        Safety Improvement Act, the Secretary shall issue a final rule 
        to establish the program under paragraph (1).''.

SEC. 716. FRONT LINE MANAGER STAFFING.

    (a) Study.--Not later than 45 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall initiate a study on front line manager staffing requirements in 
air traffic control facilities.
    (b) Considerations.--In conducting the study, the Administrator may 
take into consideration--
            (1) the number of supervisory positions of operation 
        requiring watch coverage in each air traffic control facility;
            (2) coverage requirements in relation to traffic demand;
            (3) facility type;
            (4) complexity of traffic and managerial responsibilities;
            (5) proficiency and training requirements; and
            (6) such other factors as the Administrator considers 
        appropriate.
    (c) Determinations.--The Administrator shall transmit any 
determinations made as a result of the study to the Chief Operating 
Officer for the air traffic control system.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure a report on the results 
of the study and a description of any determinations submitted to the 
Chief Operating Officer under subsection (c).

SEC. 717. STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE SERVICES.

    (a) In General.--The Comptroller General shall conduct a study of 
the helicopter and fixed-wing air ambulance industry. The study shall 
include information, analysis, and recommendations pertinent to 
ensuring a safe air ambulance industry.
    (b) Required Information.--In conducting the study, the Comptroller 
General shall obtain detailed information on the following aspects of 
the air ambulance industry:
            (1) A review of the industry, for part 135 certificate 
        holders and indirect carriers providing helicopter and fixed-
        wing air ambulance services, including--
                    (A) a listing of the number, size, and location of 
                helicopter and fixed-wing aircraft and their flight 
                bases;
                    (B) affiliations of certificate holders and 
                indirect carriers with hospitals, governments, and 
                other entities;
                    (C) coordination of air ambulance services, with 
                each other, State and local emergency medical services 
                systems, referring entities, and receiving hospitals;
                    (D) nature of services contracts, sources of 
                payment, financial relationships between certificate 
                holders and indirect carriers providing air ambulance 
                services and referring entities, and costs of 
                operations; and
                    (E) a survey of business models for air ambulance 
                operations, including expenses, structure, and sources 
                of income.
            (2) Air ambulance request and dispatch practices, including 
        the various types of protocols, models, training, 
        certifications, and air medical communications centers relating 
        to part 135 certificate holders and indirect carriers providing 
        helicopter and fixed-wing air ambulance services, including--
                    (A) the practices that emergency and medical 
                officials use to request an air ambulance;
                    (B) information on whether economic or other 
                nonmedical factors lead to air ambulance transport when 
                it is not medically needed, appropriate, or safe; and
                    (C) the cause, occurrence, and extent of delays in 
                air ambulance transport.
            (3) Economic and medical issues relating to the air 
        ambulance industry, including--
                    (A) licensing;
                    (B) certificates of need;
                    (C) public convenience and necessity requirements;
                    (D) assignment of geographic coverage areas;
                    (E) accreditation requirements;
                    (F) compliance with dispatch procedures; and
                    (G) requirements for medical equipment and 
                personnel onboard the aircraft.
            (4) Such other matters as the Comptroller General considers 
        relevant to the purpose of the study.
    (c) Analysis and Recommendations.--Based on information obtained 
under subsection (b) and other information the Comptroller General 
considers appropriate, the report shall also include an analysis and 
specific recommendations, as appropriate, related to--
            (1) the relationship between State regulation and Federal 
        preemption of rates, routes, and services of air ambulances;
            (2) the extent to which Federal law may impact existing 
        State regulation of air ambulances and the potential effect of 
        greater State regulation--
                    (A) in the air ambulance industry, on the economic 
                viability of air ambulance services, the availability 
                and coordination of service, and costs of operations 
                both in rural and highly populated areas;
                    (B) on the quality of patient care and outcomes; 
                and
                    (C) on competition and safety; and
            (3) whether systemic or other problems exist on a 
        statewide, regional, or national basis with the current system 
        governing air ambulances.
    (d) Report.--Not later than June 1, 2010, the Comptroller General 
shall submit a report to the Secretary of Transportation, the Senate 
Committee on Commerce, Science, and Transportation, and the House of 
Representatives Committee on Transportation and Infrastructure 
containing the Government Accountability Office's findings and 
recommendations regarding the study under this section.
    (e) Adoption of Recommended Policy Changes.--Not later than 60 days 
after the date of receipt of the report under subsection (d), the 
Secretary shall issue a report to the Senate Committee on Commerce, 
Science, and Transportation, and the House of Representatives Committee 
on Transportation and Infrastructure that--
            (1) specifies which, if any, policy changes recommended by 
        the Comptroller General and any other policy changes with 
        respect to air ambulances the Secretary will adopt and 
        implement; and
            (2) includes recommendations for legislative change, if 
        appropriate
    (f) Part 135 Certificate Holder Defined.--In this section, the term 
``part 135 certificate holder'' means a person holding a certificate 
issued under part 135 of title 14, Code of Federal Regulations.

SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON 
              AIRPORTS AUTHORITY.

    (a) In General.--Section 49108 is repealed.
    (b) Conforming Repeal.--The table of sections for chapter 491 is 
amended by striking the item relating to section 49108.

SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration, in 
consultation with other Federal agencies, shall submit a report to the 
Senate Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Science and Technology, and the House of 
Representatives Committee on Energy and Commerce that identifies--
            (1) the current and anticipated need over the next decade 
        by civil aviation, including equipment manufacturers, for 
        aeronautical mobile telemetry services; and
            (2) the potential impact to the aerospace industry of the 
        introduction of a new radio service operating in the same 
        spectrum allocated to the aeronautical mobile telemetry 
        service.

SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RESOURCE MANAGEMENT 
              TECHNIQUES.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study on aviation industry best 
practices with regard to flightcrew member pairing, crew resource 
management techniques, and pilot commuting.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit a report to the House of 
Representatives Committee on Transportation and Infrastructure and the 
Senate Committee on Commerce, Science, and Transportation on the 
results of the study.

SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUNDANT, OR 
              OTHERWISE UNNECESSARY REPORTS; USE OF ELECTRONIC MEDIA 
              FORMAT.

    (a) Consolidation or Elimination of Reports.--No later than 2 years 
after the date of enactment of this Act, and every 2 years thereafter, 
the Administrator of the Federal Aviation Administration shall submit a 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure containing--
            (1) a list of obsolete, redundant, or otherwise unnecessary 
        reports the Administration is required by law to submit to the 
        Congress or publish that the Administrator recommends 
        eliminating or consolidating with other reports; and
            (2) an estimate of the cost savings that would result from 
        the elimination or consolidation of those reports.
    (b) Use of Electronic Media for Reports.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Federal Aviation Administration--
                    (A) may not publish any report required or 
                authorized by law in printed format; and
                    (B) shall publish any such report by posting it on 
                the Administration's website in an easily accessible 
                and downloadable electronic format.
            (2) Exception.--Paragraph (1) does not apply to any report 
        with respect to which the Administrator determines that--
                    (A) its publication in printed format is essential 
                to the mission of the Federal Aviation Administration; 
                or
                    (B) its publication in accordance with the 
                requirements of paragraph (1) would disclose matter--
                            (i) described in section 552(b) of title 5, 
                        United States Code; or
                            (ii) the disclosure of which would have an 
                        adverse impact on aviation safety or security, 
                        as determined by the Administrator.

SEC. 722. LINE CHECK EVALUATIONS.

    Section 44729(h) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).

SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAFFIC CONTROL TOWER.

    Not later than 90 days after the date of the enactment of this Act, 
the Administrator of the Federal Aviation Administration shall report 
to the Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Transportation and Infrastructure of the 
House of Representatives, on the Federal Aviation Administration's plan 
to staff the Newark Liberty Airport air traffic control tower at 
negotiated staffing levels within 1 year after such date of enactment.

SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER 
              STATES.

    The Administrator of the Federal Aviation Administration shall, to 
the maximum extent practicable, schedule the Administrator's review of 
construction projects so that projects to be carried out in States in 
which the weather during a typical calendar year prevents major 
construction projects from being carried out before May 1 are reviewed 
as early as possible.

SEC. 725. AIR-RAIL CODESHARE STUDY.

    (a) Codeshare Study.--Not later than 180 days after the date of the 
enactment of this Act, the GAO shall conduct a study of--
            (1) the current airline and intercity passenger rail 
        codeshare arrangements;
            (2) the feasibility and costs to taxpayers and passengers 
        of increasing intermodal connectivity of airline and intercity 
        passenger rail facilities and systems to improve passenger 
        travel.
    (b) Considerations.--The study shall consider--
            (1) the potential benefits to passengers and costs to 
        taxpayers from the implementation of more integrated scheduling 
        between airlines and Amtrak or other intercity passenger rail 
        carriers achieved through codesharing arrangements;
            (2) airport operations that can improve connectivity to 
        intercity passenger rail facilities and stations.
    (c) Report.--Not later than 1 year after commencing the study 
required by subsection (a), the Comptroller shall submit the report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives. The report shall include any conclusions of the 
Comptroller resulting from the study.

SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE NEW YORK/NEW JERSEY/
              PHILADELPHIA METROPOLITAN AREA AIRSPACE REDESIGN.

    Not later than 270 days after the date of the enactment of this Act 
and every 180 days thereafter until the completion of the New York/New 
Jersey/Philadelphia Metropolitan Area Airspace Redesign, the 
Administrator of the Federal Aviation Administration shall, in 
conjunction with the Port Authority of New York and New Jersey and the 
Philadelphia International Airport--
            (1) monitor the air noise impacts of the New York/New 
        Jersey/Philadelphia Metropolitan Area Airspace Redesign; and
            (2) submit to Congress a report on the findings of the 
        Administrator with respect to the monitoring described in 
        paragraph (1).

SEC. 727. STUDY ON AVIATION FUEL PRICES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study and report to Congress on the impact of increases 
in aviation fuel prices on the Airport and Airway Trust Fund and the 
aviation industry in general. The study shall include the impact of 
increases in aviation fuel prices on--
            (1) general aviation;
            (2) commercial passenger aviation;
            (3) piston aircraft purchase and use;
            (4) the aviation services industry, including repair and 
        maintenance services;
            (5) aviation manufacturing;
            (6) aviation exports; and
            (7) the use of small airport installations.
    (b) Assumptions About Aviation Fuel Prices.--In conducting the 
study required by subsection (a), the Comptroller General shall use the 
average aviation fuel price for fiscal year 2010 as a baseline and 
measure the impact of increases in aviation fuel prices that range from 
5 percent to 200 percent over the 2010 baseline.

SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL AIRPORT.

    (a) Definitions.--In this section:
            (1) County.--The term ``County'' means Clark County, 
        Nevada.
            (2) Public land.--The term ``public land'' means the land 
        located at--
                    (A) sec. 23 and sec. 26, T. 26 S., R. 59 E., Mount 
                Diablo Meridian;
                    (B) the NE \1/4\ and the N \1/2\ of the SE \1/4\ of 
                sec. 6, T. 25 S., R. 59 E., Mount Diablo Meridian, 
                together with the SE \1/4\ of sec. 31, T. 24 S., R. 59 
                E., Mount Diablo Meridian; and
                    (C) sec. 8, T. 26 S., R. 60 E., Mount Diablo 
                Meridian.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Land Conveyance.--
            (1) In general.--As soon as practicable after the date 
        described in paragraph (2), subject to valid existing rights, 
        and notwithstanding the land use planning requirements of 
        sections 202 and 203 of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey 
        to the County, without consideration, all right, title, and 
        interest of the United States in and to the public land.
            (2) Date on which conveyance may be made.--The Secretary 
        shall not make the conveyance described in paragraph (1) until 
        the later of the date on which the Administrator of the Federal 
        Aviation Administration has--
                    (A) approved an airport layout plan for an airport 
                to be located in the Ivanpah Valley; and
                    (B) with respect to the construction and operation 
                of an airport on the site conveyed to the County 
                pursuant to section 2(a) of the Ivanpah Valley Airport 
                Public Lands Transfer Act (Public Law 106-362; 114 
                Stat. 1404), issued a record of decision after the 
                preparation of an environmental impact statement or 
                similar analysis required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            (3) Withdrawal.--Subject to valid existing rights, the 
        public land to be conveyed under paragraph (1) is withdrawn 
        from--
                    (A) location, entry, and patent under the mining 
                laws; and
                    (B) operation of the mineral leasing and geothermal 
                leasing laws.
            (4) Use.--The public land conveyed under paragraph (1) 
        shall be used for the development of flood mitigation 
        infrastructure for the Southern Nevada Supplemental Airport.

SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS OPERATING 
              CHARITABLE MEDICAL FLIGHTS.

    In administering part 61.113(c) of title 14, Code of Federal 
Regulations, the Administrator of the Federal Aviation Administration 
shall allow an aircraft owner or aircraft operator who has volunteered 
to provide transportation for an individual or individuals for medical 
purposes to accept reimbursement to cover all or part of the fuel costs 
associated with the operation from a volunteer pilot organization.

SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR OTHER 
              OXIDIZING GASES.

    (a) In General.--The transportation within Alaska of cylinders of 
compressed oxygen, nitrous oxide, or other oxidizing gases aboard 
aircraft shall be exempt from compliance with the requirements, under 
sections 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the 
Pipeline and Hazardous Material Safety Administration's regulations (49 
C.F.R. 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4)), that 
oxidizing gases transported aboard aircraft be enclosed in outer 
packaging capable of passing the flame penetration and resistance test 
and the thermal resistance test, without regard to the end use of the 
cylinders, if--
            (1) there is no other practical means of transportation for 
        transporting the cylinders to their destination and 
        transportation by ground or vessel is unavailable; and
            (2) the transportation meets the requirements of subsection 
        (b).
    (b) Exemption Requirements.--Subsection (a) shall not apply to the 
transportation of cylinders of compressed oxygen, nitrous oxide, or 
other oxidizing gases aboard aircraft unless the following requirements 
are met:
            (1) Packaging.--
                    (A) Smaller cylinders.--Each cylinder with a 
                capacity of not more than 116 cubic feet shall be--
                            (i) fully covered with a fire or flame 
                        resistant blanket that is secured in place; and
                            (ii) placed in a rigid outer packaging or 
                        an ATA 300 Category 1 shipping container.
                    (B) Larger cylinders.--Each cylinder with a 
                capacity of more than 116 cubic feet but not more than 
                281 cubic feet shall be--
                            (i) secured within a frame;
                            (ii) fully covered with a fire or flame 
                        resistant blanket that is secured in place; and
                            (iii) fitted with a securely attached metal 
                        cap of sufficient strength to protect the valve 
                        from damage during transportation.
            (2) Operational controls.--
                    (A) Storage; access to fire extinguishers.--Unless 
                the cylinders are stored in a Class C cargo compartment 
                or its equivalent on the aircraft, crew members shall 
                have access to the cylinders and at least 2 fire 
                extinguishers shall be readily available for use by the 
                crew members.
                    (B) Shipment with other hazardous materials.--The 
                cylinders may not be transported in the same aircraft 
                with other hazardous materials other than Division 2.2 
                materials with no subsidiary risk, Class 9 materials, 
                and ORM-D materials.
            (3) Aircraft requirements.--
                    (A) Aircraft type.--The transportation shall be 
                provided only aboard a passenger-carrying aircraft or a 
                cargo aircraft.
                    (B) Passenger-carrying aircraft.--
                            (i) Smaller cylinders only.--A cylinder 
                        with a capacity of more than 116 cubic feet may 
                        not be transported aboard a passenger-carrying 
                        aircraft.
                            (ii) Maximum number.--Unless transported in 
                        a Class C cargo compartment or its equivalent, 
                        no more than 6 cylinders in each cargo 
                        compartment may be transported aboard a 
                        passenger-carrying aircraft.
                    (C) Cargo aircraft.--A cylinder may not be 
                transported aboard a cargo aircraft unless it is 
                transported in a Class B cargo compartment or a Class C 
                cargo compartment or its equivalent.
    (c) Definitions.--Terms used in this section shall have the meaning 
given those terms in parts 106, 107, and 171 through 180 of the 
Pipeline and Hazardous Material Safety Administration's regulations (49 
C.F.R. parts 106, 107, and 171-180).

SEC. 731. TECHNICAL CORRECTION.

    Section 159(b)(2)(C) of title I of division A of the Consolidated 
Appropriations Act, 2010, is amended by striking clauses (i) and (ii) 
and inserting the following:
                            ``(i) requiring inspections of any 
                        container containing a firearm or ammunition; 
                        and
                            ``(ii) the temporary suspension of firearm 
                        carriage service if credible intelligence 
                        information indicates a threat related to the 
                        national rail system or specific routes or 
                        trains.''.

SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON COMMERCIAL FLIGHTS.

    (a) Plan Development.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Transportation and the 
Secretary of Commerce, in consultation with interested representatives 
of the aviation industry and other relevant agencies, shall develop a 
plan and process to allow Federal agencies to fly scientific 
instruments on commercial flights with airlines who volunteer, for the 
purpose of taking measurements to improve weather forecasting.

SEC. 733. PROHIBITION AGAINST AIMING A LASER POINTER AT AN AIRCRAFT.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 39A. Aiming a laser pointer at an aircraft
    ``(a) Whoever knowingly aims the beam of a laser pointer at an 
aircraft in the special aircraft jurisdiction of the United States, or 
at the flight path of such an aircraft, shall be fined under this title 
or imprisoned not more than 5 years, or both.
    ``(b) As used in this section, the term `laser pointer' means any 
device designed or used to amplify electromagnetic radiation by 
stimulated emission that emits a beam designed to be used by the 
operator as a pointer or highlighter to indicate, mark, or identify a 
specific position, place, item, or object.
    ``(c) This section does not prohibit aiming a beam of a laser 
pointer at an aircraft, or the flight path of such an aircraft, by--
            ``(1) an authorized individual in the conduct of research 
        and development or flight test operations conducted by an 
        aircraft manufacturer, the Federal Aviation Administration, or 
        any other person authorized by the Federal Aviation 
        Administration to conduct such research and development or 
        flight test operations;
            ``(2) members or elements of the Department of Defense or 
        Department of Homeland Security acting in an official capacity 
        for the purpose of research, development, operations, testing 
        or training; or
            ``(3) by an individual using a laser emergency signaling 
        device to send an emergency distress signal.
    ``(d) The Attorney General, in consultation with the Secretary of 
Transportation, may provide by regulation, after public notice and 
comment, such additional exceptions to this section, as may be 
necessary and appropriate. The Attorney General shall provide written 
notification of any proposed regulations under this section to the 
Committees on the Judiciary of the Senate and the House of 
Representatives, the Committee on Commerce, Science and Transportation 
of the Senate, and the Committee on Transportation and Infrastructure 
of the House of Representatives, not less than 90 days before such 
regulations become final.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amended by inserting 
after the item relating to section 39 the following new item:

``39A. Aiming a laser pointer at an aircraft.''.

SEC. 734. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR DISTRIBUTION 
              OF SECURITY SCREENING IMAGES.

    (a) In General.--Part I of title 18, United States Code, is amended 
by adding at the end the following:

  ``CHAPTER 124--UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY 
                            SCREENING IMAGES

``Sec.
``2731. Criminal penalty for unauthorized recording and distribution of 
                            security screening images.

``SEC. 2731. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING AND 
              DISTRIBUTION OF SECURITY SCREENING IMAGES.

    ``(a) In General.--Except as specifically provided in subsection 
(b), it shall be unlawful for an individual--
            ``(1) to photograph or otherwise record an image produced 
        using advanced imaging technology during the screening of an 
        individual at an airport, or upon entry into any building owned 
        or operated by the Federal Government, without express 
        authorization pursuant to a Federal law or regulation; or
            ``(2) to knowingly distribute any such image to any 
        individual who is not authorized pursuant to a Federal law or 
        regulation to receive the image.
    ``(b) Exception.--The prohibition under subsection (a) shall not 
apply to an individual who, while engaged in or on account of the 
performance of official duties, distributes, photographs, or otherwise 
records an image described in subsection (a) during the course of 
authorized intelligence activities, a Federal, State, or local criminal 
investigation or prosecution, or other lawful activities by Federal, 
State, or local authorities, including training for intelligence or law 
enforcement purposes.
    ``(c) Penalty.--An individual who violates the prohibition in 
subsection (a) shall be fined under this title, imprisoned for not more 
than 1 year, or both.
    ``(d) Advanced Imaging Technology Defined.--In this section, the 
term `advanced imaging technology'--
            ``(1) means a device that creates a visual image of an 
        individual showing the surface of the skin beneath clothing and 
        revealing other objects on the body that are covered by 
        clothing;
            ``(2) may include devices using backscatter x-rays or 
        millimeter waves and devices referred to as `whole-body imaging 
        technology' or `body scanning'; and
            ``(3) does not include a device equipped with software that 
        produces a generic representation of the human form instead of 
        a visual image of an individual.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 123 the following:

``124. Unauthorized recording and distribution of security      2731''.
                            screening images.

SEC. 735. APPROVAL OF APPLICATIONS FOR THE SECURITY SCREENING OPT-OUT 
              PROGRAM.

    Section 44920(b) of title 49, United States Code, is amended to 
read as follows:
    ``(b) Approval of Applications.--
            ``(1) In general.--Not later than 30 days after receiving 
        an application submitted under subsection (a), the Under 
        Secretary may approve the application.
            ``(2) Reconsideration of rejected applications.--Not later 
        than 30 days after the date of the enactment of the FAA Air 
        Transportation Modernization and Safety Improvement Act, the 
        Under Secretary shall reconsider and approve any application to 
        have the screening of passengers and property at an airport 
        carried out by the screening personnel of a qualified private 
        screening company that was submitted under subsection (a) and 
        was pending on any day between January 1, 2011, and February 3, 
        2011, if Under Secretary determines that the application 
        demonstrates that having the screening of passengers and 
        property carried out by such screening personnel will provide 
        security that is equal to or greater than the level that would 
        be provided by Federal Government personnel.
            ``(3) Report.--If the Under Secretary denies an application 
        submitted under subsection (a), the Under Secretary shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that describes the reason for the 
        denial of the application.''.

SEC. 736. CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA.

    (a) Definitions.--
            (1) City.--The term ``city'' means the city of Mesquite, 
        Nevada.
            (2) Map.--The term ``map'' means the map entitled 
        ``Mesquite Airport Conveyance'' and dated February 6, 2011.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Land Management.
    (b) Conveyance of Land to City.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, subject to valid existing rights, and 
        notwithstanding the land use planning requirements of sections 
        202 and 203 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the 
        city, without consideration, all right, title, and interest of 
        the United States in and to the land described in paragraph 
        (2).
            (2) Description of land.--The land referred to in paragraph 
        (1) consists of land managed by the Bureau of Land Management 
        described on the map as ``Remnant Parcel''.
            (3) Map and legal description.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                finalize the legal description of the parcel to be 
                conveyed under this section.
                    (B) Minor errors.--The Secretary may correct any 
                minor error in--
                            (i) the map; or
                            (ii) the legal description.
                    (C) Availability.--The map and legal description 
                shall be on file and available for public inspection in 
                the appropriate offices of the Bureau of Land 
                Management.
            (4) Costs.--The Secretary shall require the city to pay all 
        costs necessary for the preparation and completion of any 
        patents for, and transfers of title to, the land described in 
        paragraph (2).
            (5) Withdrawal.--Subject to valid existing rights, until 
        the date of the conveyance under paragraph (1), the parcel of 
        public land described in paragraph (2) is withdrawn from--
                    (A) location, entry, and patent under the public 
                land mining laws; and
                    (B) operation of the mineral leasing, geothermal 
                leasing, and mineral materials laws.
            (6) Reversion.--If the land conveyed under paragraph (1) 
        ceases to be used by the city for the purposes described in 
        section 3(f) of Public Law 99-548 (100 Stat. 3061), the land 
        shall, at the discretion of the Secretary, revert to the United 
        States.

SEC. 737. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOTS.

    (a) Increase in Number of Slot Exemptions.--Section 41718 is 
amended by adding at the end thereof the following:
    ``(g) Additional Slots.--
            ``(1) Initial increase in exemptions.--Within 95 days after 
        the date of enactment of the FAA Air Transportation 
        Modernization and Safety Improvement Act, the Secretary shall 
        grant, by order, 24 slot exemptions from the application of 
        sections 49104(a)(5), 49109, 49111(e), and 41714 of this title 
        to air carriers to operate limited frequencies and aircraft on 
        routes between Ronald Reagan Washington National Airport and 
        airports located beyond the perimeter described in section 
        49109 or, as provided in paragraph (2)(C), airports located 
        within that perimeter, and exemptions from the requirements of 
        subparts K and S of part 93, Code of Federal Regulations, if 
        the Secretary finds that the exemptions will--
                    ``(A) provide air transportation with domestic 
                network benefits in areas beyond the perimeter 
                described in section 49109;
                    ``(B) increase competition in multiple markets;
                    ``(C) not reduce travel options for communities 
                served by small hub airports and medium hub airports 
                within the perimeter described in section 49109;
                    ``(D) not result in meaningfully increased travel 
                delays;
                    ``(E) enhance options for nonstop travel to and 
                from the beyond-perimeter airports that will be served 
                as a result of those exemptions;
                    ``(F) have a positive impact on the overall level 
                of competition in the markets that will be served as a 
                result of those exemptions; and
                    ``(G) produce public benefits, including the 
                likelihood that the service to airports located beyond 
                the perimeter described in section 49109 will result in 
                lower fares, higher capacity, and a variety of service 
                options.
            ``(2) New entrants and limited incumbents.--Of the 
        exemptions made available under paragraph (1), the Secretary 
        shall make 10 available to limited incumbent air carriers or 
        new entrant air carriers and 14 available to other incumbent 
        air carriers.
            ``(3) Improved network slots.--If an incumbent air carrier 
        (other than a limited incumbent air carrier) that uses a slot 
        for service between Ronald Reagan Washington National Airport 
        and a large hub airport located within the perimeter described 
        in section 49109 is granted an additional exemption under this 
        subsection, it shall, upon receiving the additional exemption, 
        discontinue the use of that slot for such within-perimeter 
        service and operate, in place of such service, service between 
        Ronald Reagan Washington National Airport and an airport 
        located beyond the perimeter described in section 49109. The 
        Secretary may not grant more than 2 slot exemptions under 
        paragraph (1) to an air carrier with respect to the same 
        airport, except in the case of an airport serving a 
        metropolitan area with a population of more than 1 million 
        persons.
            ``(4) Conditions.--Beyond-perimeter flight operations 
        carried out by an air carrier using an exemption granted under 
        this subsection shall be subject to the following conditions:
                    ``(A) An air carrier may not operate a multi-aisle 
                or widebody aircraft in conducting such operations.
                    ``(B) An air carrier granted an exemption under 
                this subsection is prohibited from selling, trading, 
                leasing, or otherwise transferring the rights to its 
                beyond-perimeter exemptions, except through an air 
                carrier merger or acquisition.
            ``(5) Operations deadline.--An air carrier granted a slot 
        exemption under this subsection shall commence operations using 
        that slot within 60 days after the date on which the exemption 
        was granted.
            ``(6) Impact study.--Within 17 months after granting the 
        additional exemptions authorized by paragraph (1) the Secretary 
        shall complete a study of the direct effects of the additional 
        exemptions, including the extent to which the additional 
        exemptions have--
                    ``(A) caused congestion problems at the airport;
                    ``(B) had a negative effect on the financial 
                condition of the Metropolitan Washington Airports 
                Authority;
                    ``(C) affected the environment in the area 
                surrounding the airport; and
                    ``(D) resulted in meaningful loss of service to 
                small and medium markets within the perimeter described 
                in section 49109.
            ``(7) Additional exemptions.--
                    ``(A) Determination.--The Secretary shall 
                determine, on the basis of the study required by 
                paragraph (6), whether--
                            ``(i) the additional exemptions authorized 
                        by paragraph (1) have had a substantial 
                        negative effect on Ronald Reagan Washington 
                        National Airport, Washington Dulles 
                        International Airport, or Baltimore/Washington 
                        Thurgood Marshall International Airport; and
                            ``(ii) the granting of additional 
                        exemptions under this paragraph may, or may 
                        not, reasonably be expected to have a 
                        substantial negative effect on any of those 
                        airports.
                    ``(B) Authority to grant additional exemptions.--
                Beginning 6 months after the date on which the impact 
                study is concluded, the Secretary may grant up to 8 
                slot exemptions to incumbent air carriers, in addition 
                to those granted under paragraph (1) of this 
                subsection, if the Secretary determines that--
                            ``(i) the additional exemptions authorized 
                        by paragraph (1) have not had a substantial 
                        negative effect on any of those airports; and
                            ``(ii) the granting of additional 
                        exemptions under this subparagraph may not 
                        reasonably be expected to have a negative 
                        effect on any of those airports.
                    ``(C) Improved network slots.--If an incumbent air 
                carrier (other than a limited incumbent air carrier) 
                that uses a slot for service between Ronald Reagan 
                Washington National Airport and a large hub airport 
                located within the perimeter described in section 49109 
                is granted an additional exemption under subparagraph 
                (B), it shall, upon receiving the additional exemption, 
                discontinue the use of that slot for such within-
                perimeter service and operate, in place of such 
                service, service between Ronald Reagan Washington 
                National Airport and an airport located beyond the 
                perimeter described in section 49109.
                    ``(D) Conditions.--Beyond-perimeter flight 
                operations carried out by an air carrier using an 
                exemption granted under subparagraph (B) shall be 
                subject to the following conditions:
                            ``(i) An air carrier may not operate a 
                        multi-aisle or widebody aircraft in conducting 
                        such operations.
                            ``(ii) An air carrier granted an exemption 
                        under this subsection is prohibited from 
                        selling, trading, leasing, or otherwise 
                        transferring the rights to its beyond-perimeter 
                        exemptions, except through an air carrier 
                        merger or acquisition.
                    ``(E) Additional exemptions not permitted.--The 
                Secretary may not grant exemptions in addition to those 
                authorized by paragraph (1) if the Secretary determines 
                that--
                            ``(i) the additional exemptions authorized 
                        by paragraph (1) have had a substantial 
                        negative effect on any of those airports; or
                            ``(ii) the granting of additional 
                        exemptions under subparagraph (B) of this 
                        paragraph may reasonably be expected to have a 
                        substantial negative effect on 1 or more of 
                        those airports.
    ``(h) Scheduling Priority.--In administering this section, the 
Secretary--
            ``(1) shall afford a scheduling priority to operations 
        conducted by new entrant air carriers and limited incumbent air 
        carriers over operations conducted by other air carriers 
        granted additional slot exemptions under subsection (g) for 
        service to airports located beyond the perimeter described in 
        section 49109; and
            ``(2) shall afford a scheduling priority to slots currently 
        held by limited incumbent air carriers for service to airports 
        located beyond the perimeter described in section 49109, to the 
        extent necessary to protect viability of such service.''.
    (b) Hourly Limitation.--Section 41718(c)(2) is amended--
            (1) by striking ``3 operations'' and inserting ``4 
        operations''; and
            (2) by striking ``subsections (a) and (b)'' and inserting 
        ``under this section''.
    (c) Limited Incumbent Definition.--Section 41714(h)(5) is amended--
            (1) by inserting ``not'' after ``shall'' in subparagraph 
        (B);
            (2) by striking ``and'' after the semicolon in subparagraph 
        (B);
            (3) by striking ``Administration.'' in subparagraph (C) and 
        inserting ``Administration; and''; and
            (4) by adding at the end the following:
                    ``(D) for purposes of section 41718, an air carrier 
                that holds only slot exemptions''.
    (d) Revenues and Fees at the Metropolitan Washington Airports.--
Section 49104(a) is amended by striking paragraph (9) and inserting the 
following:
            ``(9) Notwithstanding any other provision of law, revenues 
        derived at either of the Metropolitan Washington Airports, 
        regardless of source, may be used for operating and capital 
        expenses (including debt service, depreciation and 
        amortization) at the other airport.''.

SEC. 738. ORPHAN EARMARKS ACT.

    (a) Short Title.--This section may be cited as the ``Orphan 
Earmarks Act''.
    (b) Unused Earmarks.--
            (1) Definition.--In this subsection, the term ``earmark'' 
        means the following:
                    (A) A congressionally directed spending item, as 
                defined in Rule XLIV of the Standing Rules of the 
                Senate.
                    (B) A congressional earmark, as defined for 
                purposes of Rule XXI of the Rules of the House of 
                Representatives.
            (2) Rescission.--Any earmark of funds provided for any 
        Federal agency with more than 90 percent of the appropriated 
        amount remaining available for obligation at the end of the 9th 
        fiscal year following the fiscal year in which the earmark was 
        made available is rescinded effective at the end of that 9th 
        fiscal year, except that the agency head may delay any such 
        rescission if the agency head determines that an additional 
        obligation of the earmark is likely to occur during the 
        following 12-month period.
            (3) Identification and report.--
                    (A) Agency identification.--Each Federal agency 
                shall identify and report every project that is an 
                earmark with an unobligated balance at the end of each 
                fiscal year to the Director of OMB.
                    (B) Annual report.--The Director of OMB shall 
                submit to Congress and publically post on the website 
                of OMB an annual report that includes--
                            (i) a listing and accounting for earmarks 
                        with unobligated balances summarized by agency 
                        including the amount of the original earmark, 
                        amount of the unobligated balance, and the year 
                        when the funding expires, if applicable;
                            (ii) the number of rescissions resulting 
                        from this section and the annual savings 
                        resulting from this section for the previous 
                        fiscal year; and
                            (iii) a listing and accounting for earmarks 
                        provided for Federal agencies scheduled to be 
                        rescinded at the end of the current fiscal 
                        year.

SEC. 739. PRIVACY PROTECTIONS FOR AIRCRAFT PASSENGER SCREENING WITH 
              ADVANCED IMAGING TECHNOLOGY.

    (a) In General.--Section 44901 is amended by adding at the end the 
following:
    ``(l) Limitations on Use of Advanced Imaging Technology for 
Screening Passengers.--
            ``(1) In general.--The Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall ensure 
        that advanced imaging technology is used for the screening of 
        passengers under this section only in accordance with this 
        subsection.
            ``(2) Implementation of automated target recognition 
        software.--Beginning January 1, 2012, all advanced imaging 
        technology used as a primary screening method for passengers 
        shall be equipped with automatic target recognition software.
            ``(3) Definitions.--In this subsection:
                    ``(A) Advanced imaging technology.--The term 
                `advanced imaging technology'--
                            ``(i) means a device that creates a visual 
                        image of an individual showing the surface of 
                        the skin beneath clothing and revealing other 
                        objects on the body that are covered by the 
                        clothing; and
                            ``(ii) includes devices using backscatter 
                        x-rays or millimeter waves and devices referred 
                        to as `whole-body imaging technology' or `body 
                        scanning'.
                    ``(B) Automatic target recognition software.--The 
                term `automatic target recognition software' means 
                software installed on an advanced imaging technology 
                machine that produces a generic image of the individual 
                being screened that is the same as the images produced 
                for all other screened individuals.
                    ``(C) Primary screening.--The term `primary 
                screening' means the initial examination of any 
                passenger at an airport checkpoint, including using 
                available screening technologies to detect weapons, 
                explosives, narcotics, or other indications of unlawful 
                action, in order to determine whether to clear the 
                passenger to board an aircraft or to further examine 
                the passenger.''.
    (b) Report.--
            (1) In general.--Not later than March 1, 2012, the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration) shall submit to the appropriate 
        congressional committees a report on the implementation of 
        section 44901(l) of title 49, United States Code, as added by 
        subsection (a).
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description of all matters the Assistant 
                Secretary considers relevant to the implementation of 
                such section.
                    (B) The status of the compliance of the 
                Transportation Security Administration with the 
                provisions of such section.
                    (C) If the Administration is not in full compliance 
                with such provisions--
                            (i) the reasons for such non-compliance; 
                        and
                            (ii) a timeline depicting when the 
                        Assistant Secretary expects the Administration 
                        to achieve full compliance.
            (3) Security classification.--The report required by 
        paragraph (1) shall be submitted, to the greatest extent 
        practicable, in an unclassified format, with a classified 
        annex, if necessary.
            (4) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.

SEC. 740. CONTROLLING HELICOPTER NOISE POLLUTION IN RESIDENTIAL AREAS.

    Section 44715 is amended by adding at the end the following:
    ``(g) Controlling Helicopter Noise Pollution in Residential 
Areas.--
            ``(1) In general.--Notwithstanding section 47502, not later 
        than the date that is 1 year and 90 days after the date of the 
        enactment of the FAA Air Transportation Modernization and 
        Safety Improvement Act, the Administrator of the Federal 
        Aviation Administration shall prescribe--
                    ``(A) standards to measure helicopter noise; and
                    ``(B) regulations to control helicopter noise 
                pollution in residential areas.
            ``(2) Rulemaking with respect to reducing helicopter noise 
        pollution in nassau and suffolk counties in new york state.--
                    ``(A) In general.--Not later than 1 year after the 
                date of the enactment of the FAA Air Transportation 
                Modernization and Safety Improvement Act, and before 
                finalizing the regulations required by paragraph (1), 
                the Administrator shall prescribe regulations with 
                respect to helicopters operating in the counties of 
                Nassau and Suffolk in the State of New York that 
                include--
                            ``(i) requirements with respect to the 
                        flight paths and altitudes of helicopters 
                        flying over those counties to reduce helicopter 
                        noise pollution; and
                            ``(ii) penalties for failing to comply with 
                        the requirements described in clause (i).
                    ``(B) Applicability of certain rulemaking 
                procedures.--The requirements of Executive Order 12866 
                (58 Fed. Reg. 51735; relating to regulatory planning 
                and review) (or any successor thereto) shall not apply 
                to regulations prescribed under subparagraph (A).
            ``(3) Exceptions for emergency, law enforcement, and 
        military helicopters.--In prescribing standards and regulations 
        under paragraphs (1) and (2), the Administrator may provide for 
        exceptions to any requirements with respect to reducing 
        helicopter noise pollution in residential areas for helicopter 
        activity related to emergency, law enforcement, or military 
        activities.''.

 TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

SEC. 800. AMENDMENT OF 1986 CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

    (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) is amended 
by striking ``March 31, 2011'' and inserting ``September 30, 2013''.
    (b) Ticket Taxes.--
            (1) Persons.--Clause (ii) of section 4261(j)(1)(A) is 
        amended by striking ``March 31, 2011'' and inserting 
        ``September 30, 2013''.
            (2) Property.--Clause (ii) of section 4271(d)(1)(A) is 
        amended by striking ``March 31, 2011'' and inserting 
        ``September 30, 2013''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on April 1, 2011.

SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
              AUTHORITY.

    (a) In General.--Paragraph (1) of section 9502(d) is amended--
            (1) by striking ``April 1, 2011'' in the matter preceding 
        subparagraph (A) and inserting ``October 1, 2013'', and
            (2) by striking the semicolon at the end of subparagraph 
        (A) and inserting ``or the FAA Air Transportation Modernization 
        and Safety Improvement Act;''.
    (b) Conforming Amendment.--Paragraph (2) of section 9502(e) is 
amended by striking ``April 1, 2011'' and inserting ``October 1, 
2013''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on April 1, 2011.

SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE USED IN AVIATION.

    (a) Rate of Tax on Aviation-grade Kerosene.--
            (1) In general.--Subparagraph (A) of section 4081(a)(2) is 
        amended by striking ``and'' at the end of clause (ii), by 
        striking the period at the end of clause (iii) and inserting 
        ``, and'', and by adding at the end the following new clause:
                            ``(iv) in the case of aviation-grade 
                        kerosene, 35.9 cents per gallon.''.
            (2) Fuel removed directly into fuel tank of airplane used 
        in noncommercial aviation.--Subparagraph (C) of section 
        4081(a)(2) is amended to read as follows:
                    ``(C) Taxes imposed on fuel used in commercial 
                aviation.--In the case of aviation-grade kerosene which 
                is removed from any refinery or terminal directly into 
                the fuel tank of an aircraft for use in commercial 
                aviation by a person registered for such use under 
                section 4101, the rate of tax under subparagraph 
                (A)(iv) shall be 4.3 cents per gallon.''.
            (3) Exemption for aviation-grade kerosene removed into an 
        aircraft.--Subsection (e) of section 4082 is amended--
                    (A) by striking ``kerosene'' and inserting 
                ``aviation-grade kerosene'',
                    (B) by striking ``section 4081(a)(2)(A)(iii)'' and 
                inserting ``section 4081(a)(2)(A)(iv)'', and
                    (C) by striking ``Kerosene'' in the heading and 
                inserting ``Aviation-Grade Kerosene''.
            (4) Conforming amendments.--
                    (A) Clause (iii) of section 4081(a)(2)(A) is 
                amended by inserting ``other than aviation-grade 
                kerosene'' after ``kerosene''.
                    (B) The following provisions are each amended by 
                striking ``kerosene'' and inserting ``aviation-grade 
                kerosene'':
                            (i) Section 4081(a)(3)(A)(ii).
                            (ii) Section 4081(a)(3)(A)(iv).
                            (iii) Section 4081(a)(3)(D).
                    (C) Subparagraph (D) of section 4081(a)(3) is 
                amended--
                            (i) by striking ``paragraph (2)(C)(i)'' in 
                        clause (i) and inserting ``paragraph (2)(C)'', 
                        and
                            (ii) by striking ``paragraph (2)(C)(ii)'' 
                        in clause (ii) and inserting ``paragraph 
                        (2)(A)(iv)''.
                    (D) Paragraph (4) of section 4081(a) is amended--
                            (i) by striking ``kerosene'' in the heading 
                        and inserting ``aviation-grade kerosene'', and
                            (ii) by striking ``paragraph (2)(C)(i)'' 
                        and inserting ``paragraph (2)(C)''.
                    (E) Paragraph (2) of section 4081(d) is amended by 
                striking ``(a)(2)(C)(ii)'' and inserting 
                ``(a)(2)(A)(iv)''.
    (b) Retail Tax on Aviation Fuel.--
            (1) Exemption for previously taxed fuel.--Paragraph (2) of 
        section 4041(c) is amended by inserting ``at the rate specified 
        in subsection (a)(2)(A)(iv) thereof'' after ``section 4081''.
            (2) Rate of tax.--Paragraph (3) of section 4041(c) is 
        amended to read as follows:
            ``(3) Rate of tax.--The rate of tax imposed by this 
        subsection shall be the rate of tax in effect under section 
        4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any 
        sale or use for commercial aviation).''.
    (c) Refunds Relating to Aviation-grade Kerosene.--
            (1) Aviation-grade kerosene used in commercial aviation.--
        Clause (ii) of section 6427(l)(4)(A) is amended by striking 
        ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the 
        case may be,'' and inserting ``so imposed''.
            (2) Kerosene used in aviation.--Paragraph (4) of section 
        6427(l) is amended by striking subparagraphs (B) and (C) and 
        inserting the following new subparagraph:
                    ``(B) Payments to ultimate, registered vendor.--
                With respect to any kerosene used in aviation (other 
                than kerosene to which paragraph (6) applies), if the 
                ultimate purchaser of such kerosene waives (at such 
                time and in such form and manner as the Secretary shall 
                prescribe) the right to payment under paragraph (1) and 
                assigns such right to the ultimate vendor, then the 
                Secretary shall pay (without interest) the amount which 
                would be paid under paragraph (1) to such ultimate 
                vendor, but only if such ultimate vendor--
                            ``(i) is registered under section 4101, and
                            ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of section 
                        6416(a)(1).''.
            (3) Aviation-grade kerosene not used in aviation.--
        Subsection (l) of section 6427 is amended by redesignating 
        paragraph (5) as paragraph (6) and by inserting after paragraph 
        (4) the following new paragraph:
            ``(5) Refunds for aviation-grade kerosene not used in 
        aviation.--If tax has been imposed under section 4081 at the 
        rate specified in section 4081(a)(2)(A)(iv) and the fuel is 
        used other than in an aircraft, the Secretary shall pay 
        (without interest) to the ultimate purchaser of such fuel an 
        amount equal to the amount of tax imposed on such fuel reduced 
        by the amount of tax that would be imposed under section 4041 
        if no tax under section 4081 had been imposed.''.
            (4) Conforming amendments.--
                    (A) Subparagraph (B) of section 4082(d)(2) is 
                amended by striking ``6427(l)(5)(B)'' and inserting 
                ``6427(l)(6)(B)''.
                    (B) Paragraph (4) of section 6427(i) is amended--
                            (i) by striking ``(4)(C) or (5)'' and 
                        inserting ``(4)(B) or (6)'', and
                            (ii) by striking ``, (l)(4)(C)(ii), and 
                        (l)(5)'' and inserting ``and (l)(6)''.
                    (C) Subsection (l) of section 6427 is amended by 
                striking ``Diesel Fuel and Kerosene'' in the heading 
                and inserting ``Diesel Fuel, Kerosene, and Aviation 
                Fuel''.
                    (D) Paragraph (1) of section 6427(l) is amended by 
                striking ``paragraph (4)(C)(i)'' and inserting 
                ``paragraph (4)(B)''.
                    (E) Paragraph (4) of section 6427(l) is amended--
                            (i) by striking ``kerosene used in 
                        aviation'' in the heading and inserting 
                        ``aviation-grade kerosene used in commercial 
                        aviation'', and
                            (ii) in subparagraph (A)--
                                    (I) by striking ``kerosene'' and 
                                inserting ``aviation-grade kerosene'',
                                    (II) by striking ``Kerosene used in 
                                commercial aviation'' in the heading 
                                and inserting ``In general''.
    (d) Transfers to the Airport and Airway Trust Fund.--
            (1) In general.--Subparagraph (C) of section 9502(b)(1) is 
        amended to read as follows:
                    ``(C) section 4081 with respect to aviation 
                gasoline and aviation-grade kerosene, and''.
            (2) Transfers on account of certain refunds.--
                    (A) In general.--Subsection (d) of section 9502 is 
                amended--
                            (i) by striking ``(other than subsection 
                        (l)(4) thereof)'' in paragraph (2), and
                            (ii) by striking ``(other than payments 
                        made by reason of paragraph (4) of section 
                        6427(l))'' in paragraph (3).
                    (B) Conforming amendments.--
                            (i) Paragraph (4) of section 9503(b) is 
                        amended by striking ``or'' at the end of 
                        subparagraph (C), by striking the period at the 
                        end of subparagraph (D) and inserting a comma, 
                        and by inserting after subparagraph (D) the 
                        following new subparagraphs:
                    ``(E) section 4081 to the extent attributable to 
                the rate specified in clause (ii) or (iv) of section 
                4081(a)(2)(A), or
                    ``(F) section 4041(c).''.
                            (ii) Subsection (c) of section 9503 is 
                        amended by striking paragraph (5).
                            (iii) Subsection (a) of section 9502 is 
                        amended--
                                    (I) by striking ``appropriated, 
                                credited, or paid into'' and inserting 
                                ``appropriated or credited to'', and
                                    (II) by striking ``, section 
                                9503(c)(5),''.
    (e) Effective Date.--The amendments made by this section shall 
apply to fuels removed, entered, or sold after March 31, 2011.
    (f) Floor Stocks Tax.--
            (1) Imposition of tax.--In the case of aviation-grade 
        kerosene fuel which is held on April 1, 2011, by any person, 
        there is hereby imposed a floor stocks tax on aviation-grade 
        kerosene equal to--
                    (A) the tax which would have been imposed before 
                such date on such kerosene had the amendments made by 
                this section been in effect at all times before such 
                date, reduced by
                    (B) the tax imposed before such date on such 
                kerosene under section 4081 of the Internal Revenue 
                Code of 1986, as in effect on such date.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding aviation-
                grade kerosene on April 1, 2011, shall be liable for 
                such tax.
                    (B) Time and method of payment.--The tax imposed by 
                paragraph (1) shall be paid at such time and in such 
                manner as the Secretary of the Treasury shall 
                prescribe.
            (3) Transfer of floor stock tax revenues to trust funds.--
        For purposes of determining the amount transferred to the 
        Airport and Airway Trust Fund, the tax imposed by this 
        subsection shall be treated as imposed by section 
        4081(a)(2)(A)(iv) of the Internal Revenue Code of 1986.
            (4) Definitions.--For purposes of this subsection--
                    (A) Aviation-grade kerosene.--The term ``aviation-
                grade kerosene'' means aviation-grade kerosene as such 
                term is used within the meaning of section 4081 of the 
                Internal Revenue Code of 1986.
                    (B) Held by a person.--Aviation-grade kerosene 
                shall be considered as held by a person if title 
                thereto has passed to such person (whether or not 
                delivery to the person has been made).
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Treasury or the Secretary's delegate.
            (5) Exception for exempt uses.--The tax imposed by 
        paragraph (1) shall not apply to any aviation-grade kerosene 
        held by any person exclusively for any use to the extent a 
        credit or refund of the tax is allowable under the Internal 
        Revenue Code of 1986 for such use.
            (6) Exception for certain amounts of aviation-grade 
        kerosene.--
                    (A) In general.--No tax shall be imposed by 
                paragraph (1) on any aviation-grade kerosene held on 
                April 1, 2011, by any person if the aggregate amount of 
                such aviation-grade kerosene held by such person on 
                such date does not exceed 2,000 gallons. The preceding 
                sentence shall apply only if such person submits to the 
                Secretary (at the time and in the manner required by 
                the Secretary) such information as the Secretary shall 
                require for purposes of this subparagraph.
                    (B) Exempt aviation-grade kerosene.--For purposes 
                of subparagraph (A), there shall not be taken into 
                account any aviation-grade kerosene held by any person 
                which is exempt from the tax imposed by paragraph (1) 
                by reason of paragraph (5).
                    (C) Controlled groups.--For purposes of this 
                subsection--
                            (i) Corporations.--
                                    (I) In general.--All persons 
                                treated as a controlled group shall be 
                                treated as 1 person.
                                    (II) Controlled group.--The term 
                                ``controlled group'' has the meaning 
                                given to such term by subsection (a) of 
                                section 1563 of the Internal Revenue 
                                Code of 1986; except that for such 
                                purposes the phrase ``more than 50 
                                percent'' shall be substituted for the 
                                phrase ``at least 80 percent'' each 
                                place it appears in such subsection.
                            (ii) Nonincorporated persons under common 
                        control.--Under regulations prescribed by the 
                        Secretary, principles similar to the principles 
                        of subparagraph (A) shall apply to a group of 
                        persons under common control if 1 or more of 
                        such persons is not a corporation.
            (7) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the taxes 
        imposed by section 4081 of the Internal Revenue Code of 1986 on 
        the aviation-grade kerosene involved shall, insofar as 
        applicable and not inconsistent with the provisions of this 
        subsection, apply with respect to the floor stock taxes imposed 
        by paragraph (1) to the same extent as if such taxes were 
        imposed by such section.

SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION ACCOUNT.

    (a) In General.--Section 9502 is amended by adding at the end the 
following new subsection:
    ``(f) Establishment of Air Traffic Control System Modernization 
Account.--
            ``(1) Creation of account.--There is established in the 
        Airport and Airway Trust Fund a separate account to be known as 
        the `Air Traffic Control System Modernization Account' 
        consisting of such amounts as may be transferred or credited to 
        the Air Traffic Control System Modernization Account as 
        provided in this subsection or section 9602(b).
            ``(2) Transfers to air traffic control system modernization 
        account.--On October 1, 2011, and annually thereafter the 
        Secretary shall transfer $400,000,000 to the Air Traffic 
        Control System Modernization Account from amounts appropriated 
        to the Airport and Airway Trust Fund under subsection (b) which 
        are attributable to taxes on aviation-grade kerosene.
            ``(3) Expenditures from account.--Amounts in the Air 
        Traffic Control System Modernization Account shall be available 
        subject to appropriation for expenditures relating to the 
        modernization of the air traffic control system (including 
        facility and equipment account expenditures).''.
    (b) Conforming Amendment.--Paragraph (1) of section 9502(d) is 
amended by striking ``Amounts'' and inserting ``Except as provided in 
subsection (f), amounts''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP PROGRAMS.

    (a) Fuel Surtax.--
            (1) In general.--Subchapter B of chapter 31 is amended by 
        adding at the end the following new section:

``SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A FRACTIONAL 
              OWNERSHIP PROGRAM.

    ``(a) In General.--There is hereby imposed a tax on any liquid used 
during any calendar quarter by any person as a fuel in an aircraft 
which is--
            ``(1) registered in the United States, and
            ``(2) part of a fractional ownership aircraft program.
    ``(b) Amount of Tax.--The rate of tax imposed by subsection (a) is 
14.1 cents per gallon.
    ``(c) Fractional Ownership Aircraft Program.--For purposes of this 
section--
            ``(1) In general.--The term `fractional ownership aircraft 
        program' means a program under which--
                    ``(A) a single fractional ownership program manager 
                provides fractional ownership program management 
                services on behalf of the fractional owners,
                    ``(B) 2 or more airworthy aircraft are part of the 
                program,
                    ``(C) there are 1 or more fractional owners per 
                program aircraft, with at least 1 program aircraft 
                having more than 1 owner,
                    ``(D) each fractional owner possesses at least a 
                minimum fractional ownership interest in 1 or more 
                program aircraft,
                    ``(E) there exists a dry-lease aircraft exchange 
                arrangement among all of the fractional owners, and
                    ``(F) there are multi-year program agreements 
                covering the fractional ownership, fractional ownership 
                program management services, and dry-lease aircraft 
                exchange aspects of the program.
            ``(2) Minimum fractional ownership interest.--
                    ``(A) In general.--The term `minimum fractional 
                ownership interest' means, with respect to each type of 
                aircraft--
                            ``(i) a fractional ownership interest equal 
                        to or greater than \1/16\ of at least 1 
                        subsonic, fixed wing or powered lift program 
                        aircraft, or
                            ``(ii) a fractional ownership interest 
                        equal to or greater than \1/32\ of a least 1 
                        rotorcraft program aircraft.
                    ``(B) Fractional ownership interest.--The term 
                `fractional ownership interest' means--
                            ``(i) the ownership of an interest in a 
                        program aircraft,
                            ``(ii) the holding of a multi-year 
                        leasehold interest in a program aircraft, or
                            ``(iii) the holding of a multi-year 
                        leasehold interest which is convertible into an 
                        ownership interest in a program aircraft.
            ``(3) Dry-lease aircraft exchange.--The term `dry-lease 
        aircraft exchange' means an agreement, documented by the 
        written program agreements, under which the program aircraft 
        are available, on an as needed basis without crew, to each 
        fractional owner.
    ``(d) Termination.--This section shall not apply to liquids used as 
a fuel in an aircraft after September 30, 2013.''.
            (2) Conforming amendment.--Subsection (e) of section 4082 
        is amended by inserting ``(other than an aircraft described in 
        section 4043(a))'' after ``an aircraft''.
            (3) Transfer of revenues to airport and airway trust 
        fund.--Subsection (1) of section 9502(b) is amended by 
        redesignating subparagraphs (B) and (C) as subparagraphs (C) 
        and (D), respectively, and by inserting after subparagraph (A) 
        the following new subparagraph:
                    ``(B) section 4043 (relating to surtax on fuel used 
                in aircraft part of a fractional ownership program),''.
            (4) Clerical amendment.--The table of sections for 
        subchapter B of chapter 31 is amended by adding at the end the 
        following new item:

``Sec. 4043. Surtax on fuel used in aircraft part of a fractional 
                            ownership program.''.
    (b) Fractional Ownership Programs Treated as Non-commercial 
Aviation.--Subsection (b) of section 4083 is amended by adding at the 
end the following new sentence: ``For uses of aircraft before October 
1, 2013, such term shall not include the use of any aircraft which is 
part of a fractional ownership aircraft program (as defined by section 
4043(c)).''.
    (c) Exemption From Tax on Transportation of Persons.--Section 4261, 
as amended by this Act, is amended by redesignating subsection (j) as 
subsection (k) and by inserting after subsection (i) the following new 
subsection:
    ``(j) Exemption for Aircraft in Fractional Ownership Aircraft 
Programs.--No tax shall be imposed by this section or section 4271 on 
any air transportation provided before October 1, 2013, by an aircraft 
which is part of a fractional ownership aircraft program (as defined by 
section 4043(c)).''.
    (d) Effective Dates.--
            (1) Subsection (a).--The amendments made by subsection (a) 
        shall apply to fuel used after March 31, 2011.
            (2) Subsection (b).--The amendment made by subsection (b) 
        shall apply to uses of aircraft after March 31, 2011.
            (3) Subsection (c).--The amendments made by subsection (c) 
        shall apply to taxable transportation provided after March 31, 
        2011.

SEC. 806. TERMINATION OF EXEMPTION FOR SMALL JET AIRCRAFT ON 
              NONESTABLISHED LINES.

    (a) In General.--the first sentence of section 4281 is amended by 
inserting ``or when such aircraft is a turbine engine powered 
aircraft'' after ``an established line''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable transportation provided after March 31, 2011.

SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.

    (a) In General.--Section 7275 (relating to penalty for offenses 
relating to certain airline tickets and advertising) is amended--
            (1) by redesignating subsection (c) as subsection (d),
            (2) by striking ``subsection (a) or (b)'' in subsection 
        (d), as so redesignated, and inserting ``subsection (a), (b), 
        or (c)'', and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Non-tax Charges.--
            ``(1) In general.--In the case of transportation by air for 
        which disclosure on the ticket or advertising for such 
        transportation of the amounts paid for passenger taxes is 
        required by subsection (a)(2) or (b)(1)(B), if such amounts are 
        separately disclosed, it shall be unlawful for the disclosure 
        of such amounts to include any amounts not attributable to such 
        taxes.
            ``(2) Inclusion in transportation cost.--Nothing in this 
        subsection shall prohibit the inclusion of amounts not 
        attributable to the taxes imposed by subsection (a), (b), or 
        (c) of section 4261 in the disclosure of the amount paid for 
        transportation as required by subsection (a)(1) or (b)(1)(A), 
        or in a separate disclosure of amounts not attributable to such 
        taxes.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable transportation provided after March 31, 2011.

SEC. 808. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY MEDICAL 
              AIRCRAFT.

    (a) In General.--Subsection (e) of section 147 is amended by adding 
at the end the following new sentence: ``The preceding sentence shall 
not apply to any fixed-wing aircraft equipped for, and exclusively 
dedicated to providing, acute care emergency medical services (within 
the meaning of 4261(g)(2)).''
    (b) Effective Date.--The amendment made by this section shall apply 
to obligations issued after the date of the enactment of this Act.

SEC. 809. PROTECTION OF AIRPORT AND AIRWAY TRUST FUND SOLVENCY.

    (a) In General.--Paragraph (1) of section 9502(d) is amended by 
adding at the end the following new sentence: ``Unless otherwise 
provided by this section, for purposes of this paragraph for fiscal 
year 2012 or 2013, the amount available for making expenditures for 
such fiscal year shall not exceed 90 percent of the receipts of the 
Airport and Airway Trust Fund plus interest credited to such Trust Fund 
for such fiscal year as estimated by the Secretary of the Treasury.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to fiscal years beginning after September 30, 2011.

SEC. 810. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.

    (a) General Rules.--
            (1) Rollover of airline payment amount.--If a qualified 
        airline employee receives any airline payment amount and 
        transfers any portion of such amount to a traditional IRA 
        within 180 days of receipt of such amount (or, if later, within 
        180 days of the date of the enactment of this Act), then such 
        amount (to the extent so transferred) shall be treated as a 
        rollover contribution described in section 402(c) of the 
        Internal Revenue Code of 1986. A qualified airline employee 
        making such a transfer may exclude from gross income the amount 
        transferred, in the taxable year in which the airline payment 
        amount was paid to the qualified airline employee by the 
        commercial passenger airline carrier.
            (2) Transfer of amounts attributable to airline payment 
        amount following rollover to roth ira.--A qualified airline 
        employee who has contributed an airline payment amount to a 
        Roth IRA that is treated as a qualified rollover contribution 
        pursuant to section 125 of the Worker, Retiree, and Employer 
        Recovery Act of 2008, may transfer to a traditional IRA, in a 
        trustee-to-trustee transfer, all or any part of the 
        contribution (together with any net income allocable to such 
        contribution), and the transfer to the traditional IRA will be 
        deemed to have been made at the time of the rollover to the 
        Roth IRA, if such transfer is made within 180 days of the date 
        of the enactment of this Act. A qualified airline employee 
        making such a transfer may exclude from gross income the 
        airline payment amount previously rolled over to the Roth IRA, 
        to the extent an amount attributable to the previous rollover 
        was transferred to a traditional IRA, in the taxable year in 
        which the airline payment amount was paid to the qualified 
        airline employee by the commercial passenger airline carrier. 
        No amount so transferred to a traditional IRA may be treated as 
        a qualified rollover contribution with respect to a Roth IRA 
        within the 5-taxable year period beginning with the taxable 
        year in which such transfer was made.
            (3) Extension of time to file claim for refund.--A 
        qualified airline employee who excludes an amount from gross 
        income in a prior taxable year under paragraph (1) or (2) may 
        reflect such exclusion in a claim for refund filed within the 
        period of limitation under section 6511(a) (or, if later, April 
        15, 2012).
    (b) Treatment of Airline Payment Amounts and Transfers for 
Employment Taxes.--For purposes of chapter 21 of the Internal Revenue 
Code of 1986 and section 209 of the Social Security Act, an airline 
payment amount shall not fail to be treated as a payment of wages by 
the commercial passenger airline carrier to the qualified airline 
employee in the taxable year of payment because such amount is excluded 
from the qualified airline employee's gross income under subsection 
(a).
    (c) Definitions and Special Rules.--For purposes of this section--
            (1) Airline payment amount.--
                    (A) In general.--The term ``airline payment 
                amount'' means any payment of any money or other 
                property which is payable by a commercial passenger 
                airline carrier to a qualified airline employee--
                            (i) under the approval of an order of a 
                        Federal bankruptcy court in a case filed after 
                        September 11, 2001, and before January 1, 2007, 
                        and
                            (ii) in respect of the qualified airline 
                        employee's interest in a bankruptcy claim 
                        against the carrier, any note of the carrier 
                        (or amount paid in lieu of a note being 
                        issued), or any other fixed obligation of the 
                        carrier to pay a lump sum amount.
                The amount of such payment shall be determined without 
                regard to any requirement to deduct and withhold tax 
                from such payment under sections 3102(a) and 3402(a).
                    (B) Exception.--An airline payment amount shall not 
                include any amount payable on the basis of the 
                carrier's future earnings or profits.
            (2) Qualified airline employee.--The term ``qualified 
        airline employee'' means an employee or former employee of a 
        commercial passenger airline carrier who was a participant in a 
        defined benefit plan maintained by the carrier which--
                    (A) is a plan described in section 401(a) of the 
                Internal Revenue Code of 1986 which includes a trust 
                exempt from tax under section 501(a) of such Code, and
                    (B) was terminated or became subject to the 
                restrictions contained in paragraphs (2) and (3) of 
                section 402(b) of the Pension Protection Act of 2006.
            (3) Traditional ira.--The term ``traditional IRA'' means an 
        individual retirement plan (as defined in section 7701(a)(37) 
        of the Internal Revenue Code of 1986) which is not a Roth IRA.
            (4) Roth ira.--The term ``Roth IRA'' has the meaning given 
        such term by section 408A(b) of such Code.
    (d) Surviving Spouse.--If a qualified airline employee died after 
receiving an airline payment amount, or if an airline payment amount 
was paid to the surviving spouse of a qualified airline employee in 
respect of the qualified airline employee, the surviving spouse of the 
qualified airline employee may take all actions permitted under section 
125 of the Worker, Retiree and Employer Recovery Act of 2008, or under 
this section, to the same extent that the qualified airline employee 
could have done had the qualified airline employee survived.
    (e) Effective Date.--This section shall apply to transfers made 
after the date of the enactment of this Act with respect to airline 
payment amounts paid before, on, or after such date.

SEC. 811. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS RELATING 
              TO PROPERTY.

    (a) In General.--Section 6331(h)(3) of the Internal Revenue Code of 
1986 is amended by striking ``goods or services'' and inserting 
``property, goods, or services''.
    (b) Effective Date.--The amendment made by this section shall apply 
to levies issued after the date of the enactment of this Act.

SEC. 812. MODIFICATION OF CONTROL DEFINITION FOR PURPOSES OF SECTION 
              249.

    (a) In General.--Section 249(a) of the Internal Revenue Code of 
1986 is amended by striking ``, or a corporation in control of, or 
controlled by,'' and inserting ``, or a corporation in the same parent-
subsidiary controlled group (within the meaning of section 1563(a)(1) 
as''.
    (b) Conforming Amendment.--Section 249(b) of the Internal Revenue 
Code of 1986 is amended--
            (1) by striking ``subsection (a)--'' and all that follows 
        through ``The adjusted issue price'' and inserting ``subsection 
        (a), the adjusted issue price'', and
            (2) by striking paragraph (2).
    (c) Effective Date.--The amendments made by this section shall 
apply to repurchases after the date of the enactment of this Act.

                      TITLE IX--BUDGETARY EFFECTS

SEC. 901. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

   TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL 
                         REPORTING REQUIREMENT

SEC. 1001. DEFINITION.

    In this title, the term ``earmark'' means the following:
            (1) A congressionally directed spending item, as defined in 
        Rule XLIV of the Standing Rules of the Senate.
            (2) A congressional earmark, as defined for purposes of 
        Rule XXI of the Rules of the House of Representatives.

SEC. 1002. RESCISSION.

    Any earmark of funds provided for the Department of Transportation 
with more than 90 percent of the appropriated amount remaining 
available for obligation at the end of the 9th fiscal year following 
the fiscal year in which the earmark was made available is rescinded 
effective at the end of that 9th fiscal year, except that the Secretary 
of Transportation may delay any such rescission if the Secretary 
determines that an additional obligation of the earmark is likely to 
occur during the following 12-month period.

SEC. 1003. AGENCY WIDE IDENTIFICATION AND REPORTS.

    (a) Agency Identification.--Each Federal agency shall identify and 
report every project that is an earmark with an unobligated balance at 
the end of each fiscal year to the Director of OMB.
    (b) Annual Report.--The Director of OMB shall submit to Congress 
and publically post on the website of OMB an annual report that 
includes--
            (1) a listing and accounting for earmarks with unobligated 
        balances summarized by agency including the amount of the 
        original earmark, amount of the unobligated balance, and the 
        year when the funding expires, if applicable;
            (2) the number of rescissions resulting from this title and 
        the annual savings resulting from this title for the previous 
        fiscal year; and
            (3) a listing and accounting for earmarks provided for the 
        Department of Transportation scheduled to be rescinded at the 
        end of the current fiscal year.

  TITLE XI--REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS

SEC. 1101. REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS.

    (a) In General.--Section 9006 of the Patient Protection and 
Affordable Care Act, and the amendments made thereby, are hereby 
repealed; and the Internal Revenue Code of 1986 shall be applied as if 
such section, and amendments, had never been enacted.
    (b) Rescission of Unspent Federal Funds To Offset Loss in 
Revenues.--
            (1) In general.--Notwithstanding any other provision of 
        law, of all available unobligated funds, $44,000,000,000 in 
        appropriated discretionary funds are hereby rescinded.
            (2) Implementation.--The Director of the Office of 
        Management and Budget shall determine and identify from which 
        appropriation accounts the rescission under paragraph (1) shall 
        apply and the amount of such rescission that shall apply to 
        each such account. Not later than 60 days after the date of the 
        enactment of this Act, the Director of the Office of Management 
        and Budget shall submit a report to the Secretary of the 
        Treasury and Congress of the accounts and amounts determined 
        and identified for rescission under the preceding sentence.
            (3) Exception.--This subsection shall not apply to the 
        unobligated funds of the Department of Defense, the Department 
        of Veterans Affairs, or the Social Security Administration.

TITLE XII--EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION AND LIABILITY 
                PROTECTION FOR CERTAIN VOLUNTEER PILOTS

       SUBTITLE A--EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION

SEC. 1201. DALE LONG EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION 
              ACT.

    (a) Short Title.--This subtitle may be cited as the ``Dale Long 
Emergency Medical Service Providers Protection Act''.
    (b) Eligibility.--Section 1204 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
            (1) in paragraph (7), by striking ``public employee member 
        of a rescue squad or ambulance crew;'' and inserting ``employee 
        or volunteer member of a rescue squad or ambulance crew 
        (including a ground or air ambulance service) that--
                    ``(A) is a public agency; or
                    ``(B) is (or is a part of) a nonprofit entity 
                serving the public that--
                            ``(i) is officially authorized or licensed 
                        to engage in rescue activity or to provide 
                        emergency medical services; and
                            ``(ii) is officially designated as a pre-
                        hospital emergency medical response agency;''; 
                        and
            (2) in paragraph (9)--
                    (A) in subparagraph (A), by striking ``as a 
                chaplain'' and all that follows through the semicolon, 
                and inserting ``or as a chaplain;'';
                    (B) in subparagraph (B)(ii), by striking ``or'' 
                after the semicolon;
                    (C) in subparagraph (C)(ii), by striking the period 
                and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(D) a member of a rescue squad or ambulance crew 
                who, as authorized or licensed by law and by the 
                applicable agency or entity (and as designated by such 
                agency or entity), is engaging in rescue activity or in 
                the provision of emergency medical services.''.
    (c) Offset.--Of the unobligated balances available under the 
Department of Justice Assets Forfeiture Fund, $13,000,000 are 
permanently cancelled.
    (d) Effective Date.--The amendments made by subsection (b) shall 
apply only to injuries sustained on or after June 1, 2009.

                    SUBTITLE B--LIABILITY PROTECTION

SEC. 1211. SHORT TITLE.

    This subtitle may be cited as the ``Volunteer Pilot Protection Act 
of 2011''.

SEC. 1212. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Many volunteer pilots fly for public benefit and 
        provide valuable services to communities and individuals.
            (2) In calendar year 2006, volunteer pilots provided long-
        distance, no-cost transportation for more than 58,000 people 
        during times of special need.
    (b) Purpose.--The purpose of this title is to promote the 
activities of volunteer pilots that fly for public benefit and to 
sustain the availability of the services that such volunteers provide, 
including the following:
            (1) Transportation at no cost to financially needy medical 
        patients for medical treatment, evaluation, and diagnosis.
            (2) Flights for humanitarian and charitable purposes.
            (3) Other flights of compassion.

SEC. 1213. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY FOR 
              PUBLIC BENEFIT.

    Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) 
is amended in subsection (a)(4)--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by striking ``the harm'' and inserting ``(A) except in 
        the case of subparagraph (B), the harm'';
            (3) in subparagraph (A)(ii), as redesignated by this 
        paragraph, by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following:
            ``(B) the volunteer--
                    ``(i) was operating an aircraft to promote the 
                activities of volunteer pilots that fly for public 
                benefit and to sustain the availability of the services 
                that such volunteers provide, including transportation 
                at no cost to financially needy medical patients for 
                medical treatment, evaluation, and diagnosis, and for 
                humanitarian and charitable purposes; and
                    ``(ii) was properly licensed and insured for the 
                operation of such aircraft.''.

            Passed the Senate February 17, 2011.

            Attest:

                                                             Secretary.
112th CONGRESS

  1st Session

                                 S. 223

_______________________________________________________________________

                                 AN ACT

   To modernize the air traffic control system, improve the safety, 
 reliability, and availability of transportation by air in the United 
 States, provide for modernization of the air traffic control system, 
    reauthorize the Federal Aviation Administration, and for other 
                               purposes.
```