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. 

1 Be it enacted by the Senate and House of Representatives 

2 of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Effective date. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Operations. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. Research and development. 

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

and programs. 

Sec. 105. Other aviation programs. 

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

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

TITLE II—AIRPORT IMPROVEMENTS 

Sec. 201. Reform of passenger facility charge authority. 

Sec. 202. Passenger facility charge pilot program. 

Sec. 203. Amendments to grant assurances. 

Sec. 204. Government share of project costs. 

Sec. 205. Amendments to allowable costs. 

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

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

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

Sec. 208. Miscellaneous amendments. 

Sec. 209. State block grant program. 

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

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

Sec. 212. Safety-critical airports. 

Sec. 213. Environmental mitigation demonstration pilot program. 

Sec. 214. Allowable project costs. 

Sec. 215. Glycol recovery vehicles. 

Sec. 216. Research improvement for aircraft. 

Sec. 217. United States Territory minimum guarantee. 

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

Sec. 219. Release from restrictions. 

Sec. 220. Designation of former military airports. 

Sec. 221. Airport sustainability planning working group. 

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

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

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. 
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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. 
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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. 
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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 
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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. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

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

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

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

7 Code. 

8 SEC. 3. EFFECTIVE DATE. 

9 Except as otherwise expressly provided, this Act and 

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

11 date of enactment of this Act. 

12 TITLE I—AUTHORIZATIONS 

13 SEC. 101. OPERATIONS. 

14 Section 106(k)(1) is amended by striking subpara15 graphs (A) through (E) and inserting the following: 
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1 ‘‘(A) $9,336,000,000 for fiscal year 2010; 

2 and 

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

4 2011.’’. 

5 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

6 Section 48101(a) is amended by striking paragraphs 

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

8 ‘‘(1) $3,500,000,000 for fiscal year 2010, of 

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

10 Control System Modernization Account of the Air11 port and Airways Trust Fund; and 

12 ‘‘(2) $3,600,000,000 for fiscal year 2011, of 

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

14 Control System Modernization Account of the Air15 port and Airways Trust Fund.’’. 

16 SEC. 103. RESEARCH AND DEVELOPMENT. 

17 Section 48102 is amended— 

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

19 following: 

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

21 amounts may be appropriated to the Secretary of Trans22 portation out of the Airport and Airway Trust Fund es23 tablished under section 9502 of the Internal Revenue Code 

24 of 1986 (26 U.S.C. 9502) for conducting civil aviation re-
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1 search and development under sections 44504, 44505, 

2 44507, 44509, and 44511 through 44513 of this title: 

3 ‘‘(1) $200,000,000 for fiscal year 2010. 

4 ‘‘(2) $206,000,000 for fiscal year 2011.’’; 

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

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

7 ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN8 DERGRADUATE STUDENTS.—The Administrator of the 

9 Federal Aviation Administration shall establish a program 

10 to utilize undergraduate and technical colleges, including 

11 Historically Black Colleges and Universities, Hispanic 

12 Serving Institutions, tribally controlled colleges and uni13 versities, and Alaska Native and Native Hawaiian serving 

14 institutions in research on subjects of relevance to the 

15 Federal Aviation Administration. Grants may be awarded 

16 under this subsection for— 

17 ‘‘(1) research projects to be carried out at pri18 marily undergraduate institutions and technical col19 leges; 

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

21 primarily undergraduate institutions and technical 

22 colleges with other research supported by the Fed23 eral Aviation Administration; 
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1 ‘‘(3) research on future training requirements 

2 on projected changes in regulatory requirements for 

3 aircraft maintenance and power plant licensees; or 

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

5 and procedures, particularly those related to aircraft 

6 flight deck and air traffic management functions, 

7 and on training requirements for pilots and air traf8 fic controllers.’’. 

9 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 

10 NOISE COMPATIBILITY PLANNING AND PRO11 GRAMS. 

12 Section 48103 is amended by striking paragraphs (1) 

13 through (6) and inserting the following: 

14 ‘‘(1) $4,000,000,000 for fiscal year 2010; and 

15 ‘‘(2) $4,100,000,000 for fiscal year 2011.’’. 

16 SEC. 105. OTHER AVIATION PROGRAMS. 

17 Section 48114 is amended— 

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

19 and inserting ‘‘2011’’; 

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

21 inserting ‘‘2011,’’; and 

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

23 inserting ‘‘2011’’. 
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1 SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANS2 PORTATION SYSTEM PROJECTS. 

3 Section 44501(b) is amended— 

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

5 paragraph (3); 

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

7 inserting ‘‘defense; and’’; and 

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

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

10 Generation Air Transportation System and do not 

11 have as a primary purpose to operate or maintain 

12 the current air traffic control system.’’. 

13 SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 

14 AIRPORT PROGRAMS. 

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

16 as follows: 

17 ‘‘§ 48105. Airport programs administrative expenses 

18 ‘‘Of the amount made available under section 48103 

19 of this title, the following may be available for administra20 tive expenses relating to the Airport Improvement Pro21 gram, passenger facility charge approval and oversight, 

22 national airport system planning, airport standards devel23 opment and enforcement, airport certification, airport-re24 lated environmental activities (including legal services), 

25 and other airport-related activities (including airport tech26 nology research), to remain available until expended— 
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1 ‘‘(1) for fiscal year 2010, $94,000,000; and 

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

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for chapter 481 is amended by striking the item re5 lating to section 48105 and inserting the following: 

‘‘48105. Airport programs administrative expenses’’. 

6 (c) PASSENGER ENPLANEMENT REPORT.— 

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

8 Federal Aviation Administration shall prepare a re9 port on every airport in the United States that re10 ported between 10,000 and 15,000 passenger 

11 enplanements during each of the 2 most recent years 

12 for which such data is available. 

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

14 report under paragraph (1), the Administrator shall 

15 document the methods used by each subject airport 

16 to reach the 10,000 passenger enplanement thresh17 old, including whether airports subsidize commercial 

18 flights to reach such threshold. 

19 (3) REVIEW.—The Inspector General of the De20 partment of Transportation shall review the process 

21 of the Adminstrator in developing the report under 

22 paragraph (1). 

23 (4) REPORT.—The Administrator shall submit 

24 the report prepared under paragraph (1) to Con25 gress and the Secretary of Transportation. 
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1 TITLE II—AIRPORT 

2 IMPROVEMENTS 

3 SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU4 THORITY. 

5 (a) PASSENGER FACILITY CHARGE STREAM6 LINING.—Section 40117(c) is amended to read as follows: 

7 ‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION

8 OF PASSENGER FACILITY CHARGE.— 

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

10 submit to those air carriers and foreign air carriers 

11 operating at the airport with a significant business 

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

13 Secretary and make available to the public annually 

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

15 the status of the eligible agency’s passenger facility 

16 charge program, including— 

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

18 held by the agency at the beginning of the 12 

19 months covered by the report; 

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

21 collected by the agency during the period cov22 ered by the report; 

23 ‘‘(C) the amount of expenditures with pro24 gram revenue made by the agency on each eligi-
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1 ble airport-related project during the period 

2 covered by the report; 

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

4 the agency plans to collect and use program 

5 revenue during the next 12-month period cov6 ered by the report, including the amount of rev7 enue projected to be used for such project; 

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

9 agency plans to collect during the next 12- 

10 month period covered by the report; 

11 ‘‘(F) a description of the notice and con12 sultation process with air carriers and foreign 

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

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

15 any adverse comments received and how the 

16 agency responded; and 

17 ‘‘(G) any other information on the pro18 gram that the Secretary may require. 

19 ‘‘(2) IMPLEMENTATION.—Subject to the re20 quirements of paragraphs (3), (4), (5), and (6), the 

21 eligible agency may implement the planned collection 

22 and use of passenger facility charges in accordance 

23 with its report upon filing the report as required in 

24 paragraph (1). 
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1 ‘‘(3) CONSULTATION WITH CARRIERS FOR NEW

2 PROJECTS.— 

3 ‘‘(A) An eligible agency proposing to col4 lect or use passenger facility charge revenue for 

5 a project not previously approved by the Sec6 retary or not included in a report required by 

7 paragraph (1) that was submitted in a prior 

8 year shall provide to air carriers and foreign air 

9 carriers operating at the airport reasonable no10 tice, and an opportunity to comment on the 

11 planned collection and use of program revenue 

12 before providing the report required under 

13 paragraph (1). The Secretary shall prescribe by 

14 regulation what constitutes reasonable notice 

15 under this paragraph, which shall at a min16 imum include— 

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

18 air carriers and foreign air carriers oper19 ating at the airport written notice of the 

20 planned collection and use of passenger fa21 cility charge revenue; 

22 ‘‘(ii) that the notice include a full de23 scription and justification for a proposed 

24 project; 
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1 ‘‘(iii) that the notice include a detailed 

2 financial plan for the proposed project; and 

3 ‘‘(iv) that the notice include the pro4 posed level for the passenger facility 

5 charge. 

6 ‘‘(B) An eligible agency providing notice 

7 and an opportunity for comment shall be 

8 deemed to have satisfied the requirements of 

9 this paragraph if the eligible agency provides 

10 such notice to air carriers and foreign air car11 riers that have a significant business interest at 

12 the airport. For purposes of this subparagraph, 

13 the term ‘significant business interest’ means 

14 an air carrier or foreign air carrier that— 

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

16 passenger boardings at the airport in the 

17 prior calendar year; 

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

19 boardings at the airport in the prior cal20 endar year; or 

21 ‘‘(iii) provides scheduled service at the 

22 airport. 

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

24 notice is provided under subparagraph (A), 

25 each air carrier and foreign air carrier may pro-
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1 vide written comments to the eligible agency in2 dicating its agreement or disagreement with the 

3 project or, if applicable, the proposed level for 

4 a passenger facility charge. 

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

6 part of the notice and comment process, a con7 sultation meeting to discuss the proposed 

8 project or, if applicable, the proposed level for 

9 a passenger facility charge. If the agency pro10 vides a consultation meeting, the written com11 ments specified in subparagraph (C) shall be 

12 due not later than 30 days after the meeting. 

13 ‘‘(4) PUBLIC NOTICE AND COMMENT.— 

14 ‘‘(A) An eligible agency proposing to col15 lect or use passenger facility charge revenue for 

16 a project not previously approved by the Sec17 retary or not included in a report required by 

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

19 shall provide reasonable notice and an oppor20 tunity for public comment on the planned col21 lection and use of program revenue before pro22 viding the report required in paragraph (1). 

23 ‘‘(B) The Secretary shall prescribe by reg24 ulation what constitutes reasonable notice under 
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1 this paragraph, which shall at a minimum re2 quire— 

3 ‘‘(i) that the eligible agency provide 

4 public notice of intent to collect a pas5 senger facility charge so as to inform those 

6 interested persons and agencies that may 

7 be affected; 

8 ‘‘(ii) appropriate methods of publica9 tion, which may include notice in local 

10 newspapers of general circulation or other 

11 local media, or posting of the notice on the 

12 agency’s Internet website; and 

13 ‘‘(iii) submission of public comments 

14 no later than 45 days after the date of the 

15 publication of the notice. 

16 ‘‘(5) OBJECTIONS.— 

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

18 the Secretary a written objection to a proposed 

19 project included in a notice under this para20 graph provided that the filing is made within 30 

21 days after submission of the report specified in 

22 paragraph (1). 

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

24 than 30 days for the eligible agency to respond 

25 to any filed objection. 
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1 ‘‘(C) Not later than 90 days after receiving 

2 the eligible agency’s response to a filed objec3 tion, the Secretary shall make a determination 

4 whether or not to terminate authority to collect 

5 the passenger facility charge for the project, 

6 based on the filed objection. The Secretary shall 

7 state the reasons for any determination. The 

8 Secretary may only terminate authority if— 

9 ‘‘(i) the project is not an eligible air10 port related project; 

11 ‘‘(ii) the eligible agency has not com12 plied with the requirements of this section 

13 or the Secretary’s implementing regula14 tions in proposing the project; 

15 ‘‘(iii) the eligible agency has been 

16 found to be in violation of section 

17 47107(b) of this title and has failed to 

18 take corrective action, prior to the filing of 

19 the objection; or 

20 ‘‘(iv) in the case of a proposed in21 crease in the passenger facility charge 

22 level, the level is not authorized by this 

23 section. 

24 ‘‘(D) Upon issuance of a decision termi25 nating authority, the public agency shall pre-
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1 pare an accounting of passenger facility revenue 

2 collected under the terminated authority and re3 store the funds for use on other authorized 

4 projects. 

5 ‘‘(E) Except as provided in subparagraph 

6 (C), the eligible agency may implement the 

7 planned collection and use of a passenger facil8 ity charge in accordance with its report upon 

9 filing the report as specified in paragraph 

10 (1)(A). 

11 ‘‘(6) APPROVAL REQUIREMENT FOR INCREASED

12 PASSENGER FACILITY CHARGE OR INTERMODAL

13 GROUND ACCESS PROJECT.— 

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

15 use a passenger facility charge to finance an 

16 intermodal ground access project, or increase a 

17 passenger facility charge, unless the project is 

18 first approved by the Secretary in accordance 

19 with this paragraph. 

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

21 the Secretary an application for authority to 

22 impose a passenger facility charge for an inter23 modal ground access project or to increase a 

24 passenger facility charge. The application shall 

25 contain information and be in the form that the 
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1 Secretary may require by regulation but, at a 

2 minimum, must include copies of any comments 

3 received by the agency during the comment pe4 riod described by subparagraph (C). 

5 ‘‘(C) Before submitting an application 

6 under this paragraph, an eligible agency must 

7 provide air carriers and foreign air carriers op8 erating at the airport, and the public, reason9 able notice of and an opportunity to comment 

10 on a proposed intermodal ground access project 

11 or the increased passenger facility charge. Such 

12 notice and opportunity to comment shall con13 form to the requirements of paragraphs (3) and 

14 (4). 

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

16 Secretary may provide air carriers, foreign air 

17 carriers and other interested persons notice and 

18 an opportunity to comment on the application. 

19 The Secretary shall make a final decision on 

20 the application not later than 120 days after re21 ceiving it.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) REFERENCES.— 

24 (A) Section 40117(a) is amended— 
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1 (i) by striking ‘‘FEE’’ in the heading 

2 for paragraph (5) and inserting 

3 ‘‘CHARGE’’; and 

4 (ii) by striking ‘‘fee’’ each place it ap5 pears in paragraphs (5) and (6) and in6 serting ‘‘charge’’. 

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

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

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

10 place either appears and inserting 

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

12 (ii) by striking ‘‘FEE’’ in the sub13 section caption for subsection (l), and 

14 ‘‘FEES’’ in the subsection captions for sub15 sections (e) and (m), and inserting 

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

17 (C) The caption for section 40117 is 

18 amended to read as follows: 

19 ‘‘§ 40117. Passenger facility charges’’. 

20 (D) The table of contents for chapter 401 

21 is amended by striking the item relating to sec22 tion 40117 and inserting the following: 

‘‘40117. Passenger facility charges’’. 

23 (2) LIMITATIONS ON APPROVING APPLICA24 TIONS.—Section 40117(d) is amended— 
23 

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1 (A) by striking ‘‘subsection (c) of this sec2 tion to finance a specific’’ and inserting ‘‘sub3 section (c)(6) of this section to finance an inter4 modal ground access’’; 

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

6 (1); 

7 (C) by striking paragraph (2) and insert8 ing the following: 

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

10 project; and’’; 

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

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

13 ‘‘the project.’’; and 

14 (E) by striking paragraph (4). 

15 (3) LIMITATIONS ON IMPOSING CHARGES.—Sec16 tion 40117(e)(1) is amended to read as follows: ‘‘(1) 

17 An eligible agency may impose a passenger facility 

18 charge only subject to terms the Secretary may pre19 scribe to carry out the objectives of this section.’’. 

20 (4) LIMITATIONS ON CONTRACTS, LEASES, AND

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

22 by striking ‘‘long-term’’. 

23 (5) COMPLIANCE.—Section 40117(h) is amend24 ed— 
24 

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1 (A) by redesignating paragraph (3) as 

2 paragraph (4); and 

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

4 following: 

5 ‘‘(3) The Secretary may, on complaint of an inter6 ested person or on the Secretary’s own initiative, conduct 

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

8 of passenger facility charge revenue to determine whether 

9 a passenger facility charge is excessive or that passenger 

10 facility revenue is not being used as provided in this sec11 tion. The Secretary shall prescribe regulations establishing 

12 procedures for complaints and investigations. The regula13 tions may provide for the issuance of a final agency deci14 sion without resort to an oral evidentiary hearing. The 

15 Secretary shall not accept complaints filed under this 

16 paragraph until after the issuance of regulations estab17 lishing complaint procedures.’’. 

18 (6) PILOT PROGRAM FOR PFC AT NONHUB AIR19 PORTS.—Section 40117(l) is amended— 

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

21 and inserting ‘‘(c)(3)’’; and 

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

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

24 issuance of regulations to carry out subsection 

25 (c) of this section, as amended by the FAA Air 
25 

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1 Transportation Modernization and Safety Im2 provement Act.’’. 

3 (7) PROHIBITION ON APPROVING PFC APPLICA4 TIONS FOR AIRPORT REVENUE DIVERSION.—Section 

5 47111(e) is amended by striking ‘‘sponsor’’ the sec6 ond place it appears in the first sentence and all 

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

8 not propose collection or use of passenger facility 

9 charges for any new projects under paragraphs (3) 

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

11 determines that the sponsor has taken corrective ac12 tion to address the violation and the violation no 

13 longer exists.’’. 

14 SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 

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

16 adding at the end thereof the following: 

17 ‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE

18 COLLECTION PILOT PROGRAM.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish and conduct a pilot program at not more than 

21 6 airports under which an eligible agency may im22 pose a passenger facility charge under this section 

23 without regard to the dollar amount limitations set 

24 forth in paragraph (1) or (4) of subsection (b) if the 
26 

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1 participating eligible agency meets the requirements 

2 of paragraph (2). 

3 ‘‘(2) COLLECTION REQUIREMENTS.— 

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

5 agency participating in the pilot program— 

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

7 passenger at the facility, via the Internet, 

8 or in any other reasonable manner; but 

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

10 charge to be collected by an air carrier or 

11 foreign air carrier for the flight segment. 

12 ‘‘(B) PFC COLLECTION REQUIREMENT

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

14 14, Code of Federal Regulations, does not apply 

15 to the collection of the passenger facility charge 

16 imposed by an eligible agency participating in 

17 the pilot program.’’. 

18 (b) GAO STUDY OF ALTERNATIVE MEANS OF COL19 LECTING PFCS.— 

20 (1) IN GENERAL.—The Comptroller General 

21 shall conduct a study of alternative means of collec22 tion passenger facility charges imposed under section 

23 40117 of title 49, United States Code, that would 

24 permit such charges to be collected without being in-
27 

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1 cluded in the ticket price. In the study, the Comp2 troller General shall consider, at a minimum— 

3 (A) collection options for arriving, con4 necting, and departing passengers at airports; 

5 (B) cost sharing or fee allocation methods 

6 based on passenger travel to address connecting 

7 traffic; and 

8 (C) examples of airport fees collected by 

9 domestic and international airports that are not 

10 included in ticket prices. 

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

12 date of enactment of this Act, the Comptroller Gen13 eral shall submit a report on the study to the Senate 

14 Committee on Commerce, Science, and Transpor15 tation and the House of Representatives Committee 

16 on Transportation and Infrastructure containing the 

17 Comptroller General’s findings, conclusions, and rec18 ommendations. 

19 SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 

20 Section 47107 is amended— 

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

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

23 there is a change in airport design standards that 

24 the Secretary determines is beyond the owner or op25 erator’s control that requires the relocation or re-
28 

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1 placement of an existing airport facility, the Sec2 retary, upon the request of the owner or operator, 

3 may grant funds available under section 47114 to 

4 pay the cost of relocating or replacing such facil5 ity;’’; 

6 (2) in subsection (c)— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (A)(i), by striking 

9 ‘‘purpose;’’ and inserting the following: 

10 ‘‘purpose, which includes serving as noise 

11 buffer land that may be— 

12 ‘‘(I) undeveloped; or 

13 ‘‘(II) developed in a way that is com14 patible with using the land for noise 

15 buffering purposes;’’; and 

16 (ii) in subparagraph (B)(iii), by strik17 ing ‘‘paid to the Secretary for deposit in 

18 the Fund if another eligible project does 

19 not exist.’’ and inserting ‘‘reinvested in an20 other project at the airport or transferred 

21 to another airport as the Secretary pre22 scribes.’’; 

23 (B) by redesignating paragraph (3) as 

24 paragraph (5); and 
29 

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1 (C) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3)(A) A lease by an airport owner or operator of 

4 land acquired for a noise compatibility purpose using a 

5 grant provided under this subchapter shall not be consid6 ered a disposal for purposes of paragraph (2). 

7 ‘‘(B) The airport owner or operator may use revenues 

8 from a lease described in subparagraph (A) for capital 

9 purposes. 

10 ‘‘(C) The Administrator of the Federal Aviation Ad11 ministration shall coordinate with each airport owner or 

12 operator to ensure that leases described in subparagraph 

13 (A) are consistent with noise buffering purposes. 

14 ‘‘(D) The provisions of this paragraph apply to all 

15 land acquired before, on, or after the date of the enact16 ment of this paragraph. 

17 ‘‘(4) In approving the reinvestment or transfer of 

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

19 give preference, in descending order, to— 

20 ‘‘(i) reinvestment in an approved noise compat21 ibility project; 

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

23 eligible for funding under section 47117(e); 

24 ‘‘(iii) reinvestment in an airport development 

25 project that is eligible for funding under section 
30 

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1 47114, 47115, or 47117 and meets the requirements 

2 of this chapter; 

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

4 airport to be reinvested in an approved noise com5 patibility project at such airport; and 

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

7 Airport and Airway Trust Fund established under 

8 section 9502 of the Internal Revenue Code of 1986 

9 (26 U.S.C. 9502).’’. 

10 SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 

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

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

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

14 (c), or (e)’’; and 

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

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

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

18 hub primary airport changes to a medium hub primary 

19 airport, the United States Government’s share of allow20 able project costs for the airport may not exceed 95 per21 cent for 2 fiscal years following such change in hub sta22 tus.’’. 

23 (b) TRANSITIONING AIRPORTS.—Section 

24 47114(f)(3)(B) is amended by striking ‘‘year 2004.’’ and 

25 inserting ‘‘years 2010 and 2011.’’. 
31 

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1 SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 

2 Section 47110 is amended— 

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

4 following: 

5 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI6 TIES.—The Secretary may determine that the costs of re7 locating or replacing an airport-owned facility are allow8 able for an airport development project at an airport only 

9 if— 

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

11 paid with funds apportioned to the airport sponsor 

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

13 ‘‘(2) the Secretary determines that the reloca14 tion or replacement is required due to a change in 

15 the Secretary’s design standards; and 

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

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

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

19 and hangars,’’ in subsection (h) and inserting ‘‘fa20 cilities, as defined by section 47102,’’; and 

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

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

23 180 days after the date of enactment of the FAA Air 

24 Transportation Modernization and Safety Improvement 

25 Act, the Administrator shall analyze the conclusions of on26 going studies of various types of commercially-available 
32 

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1 bird radar systems, based upon that analysis, if the Ad2 ministrator determines such systems have no negative im3 pact on existing navigational aids and that the expenditure 

4 of such funds is appropriate, the Administrator shall allow 

5 the purchase of bird-detecting radar systems as an allow6 able airport development project costs subject to sub7 section (b). If a determination is made that such radar 

8 systems will not improve or negatively impact airport safe9 ty, the Administrator shall issue a report to the Senate 

10 Committee on Commerce, Science, and Transportation 

11 and the House of Representatives Committee on Trans12 portation and Infrastructure on why that determination 

13 was made.’’. 

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

15 Section 47133(b) is amended— 

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

17 indented paragraph 2 ems from the left margin; 

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

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

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

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

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

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

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

25 for the public sponsor’s acquisition; and 
33 

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

2 unamortized portion of the original grant, am3 ortized over a 20-year period, is repaid to the 

4 Secretary by the private owner for deposit in 

5 the Trust Fund for airport acquisitions. 

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

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

8 SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 

9 COSTS. 

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

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

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

13 2010, or 2011 under chapter 471 of that title for a project 

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

15 95 percent. 

16 SEC. 207(b). PROHIBITION ON USE OF PASSENGER FACIL17 ITY CHARGES TO CONSTRUCT BICYCLE STOR18 AGE FACILITIES. 

19 Section 40117(a)(3) is amended— 

20 (1) by redesignating subparagraphs (A) through 

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

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

23 following: 

24 ‘‘(A) IN GENERAL.—The term’’; and 

25 (3) by adding at the end the following: 
34 

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

2 project to construct a bicycle storage facility 

3 may not be considered an eligible airport-re4 lated project.’’. 

5 SEC. 208. MISCELLANEOUS AMENDMENTS. 

6 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF

7 INTEGRATED AIRPORT SYSTEMS.—Section 47103 is 

8 amended— 

9 (1) by striking ‘‘each airport to—’’ in sub10 section (a) and inserting ‘‘the airport system to—’’; 

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

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

13 connection to the surface transportation network; 

14 and’’; 

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

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

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

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

19 subsection (b)(1); 

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

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

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

23 Landing/Very Short Takeoff and Landing aircraft 

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

25 and inserting ‘‘operations’’; and 
35 

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

2 (d). 

3 (b) UPDATE VETERANS PREFERENCE DEFINI4 TION.—Section 47112(c) is amended— 

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

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

7 active duty in’’; 

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

9 following: 

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

11 individual who served on active duty, as defined by 

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

13 forces for a period of more than 180 consecutive 

14 days, any part of which occurred during the period 

15 beginning on September 11, 2001, and ending on 

16 the date prescribed by Presidential proclamation or 

17 by law as the last date of Operation Iraqi Free18 dom.’’; 

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

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

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

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

24 airport development project under a grant agreement 

25 under this subchapter must require that a preference be 
36 

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

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

3 owned and controlled by disabled veterans.’’. 

4 (c) ANNUAL REPORT.—Section 47131(a) is amend5 ed— 

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

7 1’’; and 

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

9 inserting the following: 

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

11 planning completed; 

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

13 ‘‘(3) an accounting of discretionary and appor14 tioned funds allocated; and 

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

16 (d) SUNSET OF PROGRAM.—Section 47137 is re17 pealed effective September 30, 2008. 

18 (e) CORRECTION TO EMISSION CREDITS PROVI19 SION.—Section 47139 is amended— 

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

21 (a); 

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

23 47102(3)(L), or 47140’’ in subsection (b) and in24 serting ‘‘47102(3)(K) or 47102(3)(L)’’; and 
37 

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

2 47102(3)(K), 47102(3)(L), or 47140,’’ in subsection 

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

4 47102(3)(L),’’; and 

5 (f) CORRECTION TO SURPLUS PROPERTY AUTHOR6 ITY.—Section 47151(e) is amended by striking ‘‘(other 

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

8 10, section 201 of the Defense Authorization Amendments 

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

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

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

12 (g) AIRPORT CAPACITY BENCHMARK REPORTS; DEF13 INITION OF JOINT USE AIRPORT.—Section 47175 is 

14 amended— 

15 (1) by striking ‘‘Airport Capacity Benchmark 

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

17 and 2004 Airport Capacity Benchmark Reports or 

18 of the most recent Benchmark report, Future Air19 port Capacity Task Report, or other comparable 

20 FAA report.’’; and 

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

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

23 airport’ means an airport owned by the United 

24 States Department of Defense, at which both mili-
38 

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1 tary and civilian aircraft make shared use of the air2 field.’’. 

3 (h) USE OF APPORTIONED AMOUNTS.—Section 

4 47117(e)(1)(A) is amended— 

5 (1) by striking ‘‘35 percent’’ in the first sen6 tence and inserting ‘‘$300,000,000’’; 

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

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

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

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

11 1251 et seq.), approved in an environmental record 

12 of decision for an airport development project under 

13 this title.’’; and 

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

15 is’’ in the second sentence and inserting ‘‘the re16 quirements of the preceding sentence are’’. 

17 (i) USE OF PREVIOUS FISCAL YEAR’S APPORTION18 MENT.—Section 47114(c)(1) is amended— 

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

20 subparagraph (E)(ii); 

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

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

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

24 the following: 
39 

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1 ‘‘(iv) the airport received scheduled or 

2 unscheduled air service from a large cer3 tified air carrier (as defined in part 241 of 

4 title 14, Code of Federal Regulations, or 

5 such other regulations as may be issued by 

6 the Secretary under the authority of sec7 tion 41709) and the Secretary determines 

8 that the airport had more than 10,000 

9 passenger boardings in the preceding cal10 endar year, based on data submitted to the 

11 Secretary under part 241 of title 14, Code 

12 of Federal Regulations.’’; 

13 (4) in subparagraph (G)— 

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

15 the heading and inserting ‘‘FISCAL YEARS 2008 

16 THROUGH 2011’’; 

17 (B) by striking ‘‘fiscal year 2006’’ and in18 serting ‘‘fiscal years 2008 through 2011’’; 

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

20 following: 

21 ‘‘(i) the average annual passenger 

22 boardings at the airport for calendar years 

23 2004 through 2006 were below 10,000 per 

24 year;’’; and 
40 

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

2 (ii) and inserting ‘‘2003;’’; and 

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

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

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

6 an airport that had more than 10,000 passenger 

7 boardings and scheduled passenger aircraft service 

8 in calendar year 2007, but in either calendar years 

9 2008 or 2009, or both years, the number of pas10 senger boardings decreased to a level below 10,000 

11 boardings per year at such airport, the Secretary 

12 may apportion in fiscal years 2010 or 2011 to the 

13 sponsor of such an airport an amount equal to the 

14 amount apportioned to that sponsor in fiscal year 

15 2009.’’. 

16 (j) MOBILE REFUELER PARKING CONSTRUCTION.— 

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

18 following: 

19 ‘‘(M) construction of mobile refueler park20 ing within a fuel farm at a nonprimary airport 

21 meeting the requirements of section 112.8 of 

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

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

24 amended by striking ‘‘of—’’ and all that follows and in25 serting ‘‘of $520,000,000. The amount credited is exclu-
41 

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1 sive of amounts that have been apportioned in a prior fis2 cal year under section 47114 of this title and that remain 

3 available for obligation.’’. 

4 SEC. 209. STATE BLOCK GRANT PROGRAM. 

5 Section 47128 is amended— 

6 (1) by striking ‘‘regulations’’ each place it ap7 pears in subsection (a) and inserting ‘‘guidance’’; 

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

9 and inserting ‘‘grant, including Federal environ10 mental requirements or an agreed upon equivalent;’’; 

11 (3) by redesignating subsection (c) as sub12 section (d) and inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) PROJECT ANALYSIS AND COORDINATION RE15 QUIREMENTS.—Any Federal agency that must approve, li16 cense, or permit a proposed action by a participating State 

17 shall coordinate and consult with the State. The agency 

18 shall utilize the environmental analysis prepared by the 

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

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

21 and 

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

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

24 a pilot program for up to 3 States that do not participate 
42 

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

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

3 SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR RE4 VIEWS. 

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

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

7 studies related to a federally funded airport project or for 

8 special studies or reviews to support approved noise com9 patibility measures in a Part 150 program or environ10 mental mitigation in a Federal Aviation Administration 

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

12 SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

13 PROCEDURES. 

14 Section 47504 is amended by adding at the end the 

15 following: 

16 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE17 DURES.— 

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

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

20 operator to assist in completing environmental re21 view and assessment activities for proposals to im22 plement flight procedures that have been approved 

23 for airport noise compatibility planning purposes 

24 under subsection (b). 
43 

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

2 Administration may accept funds from an airport 

3 sponsor, including funds provided to the sponsor 

4 under paragraph (1), to hire additional staff or ob5 tain the services of consultants in order to facilitate 

6 the timely processing, review and completion of envi7 ronmental activities associated with proposals to im8 plement flight procedures submitted and approved 

9 for airport noise compatibility planning purposes in 

10 accordance with this section. Funds received under 

11 this authority shall not be subject to the procedures 

12 applicable to the receipt of gifts by the Adminis13 trator.’’. 

14 SEC. 212. SAFETY-CRITICAL AIRPORTS. 

15 Section 47118(c) is amended— 

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

17 paragraph (1); 

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

19 inserting ‘‘delays; or’’; and 

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

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

22 military, or general aviation in trans-oceanic 

23 flights.’’. 
44 

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1 SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION 

2 PILOT PROGRAM. 

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

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

5 ‘‘§ 47143. Environmental mitigation demonstration 

6 pilot program 

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

8 shall carry out a pilot program involving not more than 

9 6 projects at public-use airports under which the Secretary 

10 may make grants to sponsors of such airports from funds 

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

12 such airports for environmental mitigation demonstration 

13 projects that will measurably reduce or mitigate aviation 

14 impacts on noise, air quality or water quality in the vicin15 ity of the airport. Notwithstanding any other provision of 

16 this subchapter, an environmental mitigation demonstra17 tion project approved under this section shall be treated 

18 as eligible for assistance under this subchapter. 

19 ‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public20 use airport shall be eligible for participation in the pilot. 

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

22 among applicants for participation in the pilot program, 

23 the Secretary may give priority consideration to environ24 mental mitigation demonstration projects that— 

25 ‘‘(1) will achieve the greatest reductions in air26 craft noise, airport emissions, or airport water qual-
45 

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1 ity impacts either on an absolute basis, or on a per2 dollar-of-funds expended basis; and 

3 ‘‘(2) will be implemented by an eligible consor4 tium. 

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

6 provision of this subchapter, the United States Govern7 ment’s share of the costs of a project carried out under 

8 this section shall be 50 percent. 

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

10 $2,500,000 may be made available by the Secretary in 

11 grants under this section for any single project. 

12 ‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis13 trator may develop and publish information identifying 

14 best practices for reducing or mitigating aviation impacts 

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

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

17 program. 

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

19 ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligi20 ble consortium’ means a consortium that comprises 

21 2 or more of the following entities: 

22 ‘‘(A) Businesses operating in the United 

23 States. 
46 

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1 ‘‘(B) Public or private educational or re2 search organizations located in the United 

3 States. 

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

5 in the United States. 

6 ‘‘(D) Federal laboratories. 

7 ‘‘(2) ENVIRONMENTAL MITIGATION DEM8 ONSTRATION PROJECT.—The term ‘environmental 

9 mitigation demonstration project’ means a project 

10 that— 

11 ‘‘(A) introduces new conceptual environ12 mental mitigation techniques or technology with 

13 associated benefits, which have already been 

14 proven in laboratory demonstrations; 

15 ‘‘(B) proposes methods for efficient adap16 tation or integration of new concepts to airport 

17 operations; and 

18 ‘‘(C) will demonstrate whether new tech19 niques or technology for environmental mitiga20 tion identified in research are— 

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

22 multiple public use airports; and 

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

24 emissions, or water quality impacts in 

25 measurably significant amounts.’’. 
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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for chapter 471 is amended by inserting after the 

3 item relating to section 47142 the following: 

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

4 SECTION 214. ALLOWABLE PROJECT COSTS. 

5 (a) ALLOWABLE PROJECT COSTS.—Section 

6 47110(b)(2)(D) is amended to read as follows: 

7 ‘‘(D) if the cost is for airport development 

8 and is incurred before execution of the grant 

9 agreement, but in the same fiscal year as execu10 tion of the grant agreement, and if— 

11 ‘‘(i) the cost was incurred before exe12 cution of the grant agreement due to the 

13 short construction season in the vicinity of 

14 the airport; 

15 ‘‘(ii) the cost is in accordance with an 

16 airport layout plan approved by the Sec17 retary and with all statutory and adminis18 trative requirements that would have been 

19 applicable to the project if the project had 

20 been carried out after execution of the 

21 grant agreement, including submission of a 

22 complete grant application to the appro23 priate regional or district office of the Fed24 eral Aviation Administration; 
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1 ‘‘(iii) the sponsor notifies the Sec2 retary before authorizing work to com3 mence on the project; 

4 ‘‘(iv) the sponsor has an alternative 

5 funding source available to fund the 

6 project; and 

7 ‘‘(v) the sponsor’s decision to proceed 

8 with the project in advance of execution of 

9 the grant agreement does not affect the 

10 priority assigned to the project by the Sec11 retary for the allocation of discretionary 

12 funds;’’. 

13 SEC. 215. GLYCOL RECOVERY VEHICLES. 

14 Section 47102(3)(G) is amended by inserting ‘‘in15 cluding acquiring glycol recovery vehicles,’’ after ‘‘air16 craft,’’. 

17 SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT. 

18 Section 44504(b) is amended— 

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

20 paragraph (6); 

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

22 inserting ‘‘aircraft; and’’; and 

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

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

25 designed to reduce gases and particulates emitted.’’. 
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1 SEC. 217. UNITED STATES TERRITORY MINIMUM GUAR2 ANTEE. 

3 Section 47114(e) is amended— 

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

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

6 heading; and 

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

8 ‘‘(5) UNITED STATES TERRITORY MINIMUM

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

10 amount apportioned to airports in a United States 

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

12 1.5 percent of the total amount apportioned to all 

13 airports under those subsections, the Secretary may 

14 apportion to the local authority in any United States 

15 Territory responsible for airport development 

16 projects in that fiscal year an amount equal to the 

17 difference between 1.5 percent of the total amounts 

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

19 fiscal year and the amount otherwise apportioned 

20 under those subsections to airports in a United 

21 States Territory in that fiscal year.’’. 

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

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, including the Federal Airport Act (as in effect 

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

26 monetary consideration, all restrictions, conditions, and 
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1 limitations on the use, encumbrance, or conveyance of cer2 tain land located in the municipality of Anchorage, Alaska, 

3 more particularly described as Tracts 22 and 24 of the 

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

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

6 June 13, 1923, on file in the Bureau of Land Manage7 ment, Department of Interior. 

8 (b) GRANTS.—Notwithstanding any other provision 

9 of law, the municipality of Anchorage shall be released 

10 from the repayment of any outstanding grant obligations 

11 owed by the municipality to the Federal Aviation Adminis12 tration with respect to any land described in subsection 

13 (a) that is subsequently conveyed to or used by the De14 partment of Transportation and Public Facilities of the 

15 State of Alaska for the construction or reconstruction of 

16 a federally subsidized highway project. 

17 SEC. 219. RELEASE FROM RESTRICTIONS. 

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

19 notwithstanding section 16 of the Federal Airport Act (as 

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

21 47153 of title 49, United States Code, the Secretary of 

22 Transportation is authorized to grant releases from any 

23 of the terms, conditions, reservations, and restrictions con24 tained in the deed of conveyance dated August 28, 1973, 
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1 under which the United States conveyed certain property 

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

3 (b) CONDITION.—Any release granted by the Sec4 retary of Transportation pursuant to subsection (a) shall 

5 be subject to the following conditions: 

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

7 that in conveying any interest in the property which 

8 the United States conveyed to the city by deed on 

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

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

11 (2) Any amount received by the city under 

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

13 George, Utah, for the development or improvement 

14 of a replacement public airport. 

15 (c) ADDITIONAL RELEASE FROM RESTRICTIONS.— 

16 (1) IN GENERAL.—In addition to any release 

17 granted under subsection (a), the Secretary of 

18 Transportation may, subject to paragraph (2), grant 

19 releases from any of the terms, conditions, reserva20 tions, and restrictions contained in the deed of con21 veyance numbered 30–82–0048 and dated August 4, 

22 1982, under which the United States conveyed cer23 tain land to Don ̃a Ana County, New Mexico, for air24 port purposes. 
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1 (2) CONDITIONS.—Any release granted by the 

2 Secretary under paragraph (1) shall be subject to 

3 the following conditions: 

4 (A) The County shall agree that in con5 veying any interest in the land that the United 

6 States conveyed to the County by the deed de7 scribed in paragraph (1), the County shall re8 ceive an amount for the interest that is equal 

9 to the fair market value. 

10 (B) Any amount received by the County 

11 for the conveyance shall be used by the County 

12 for the development, improvement, operation, or 

13 maintenance of the airport. 

14 SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS. 

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

16 inserting ‘‘three’’ in its place. 

17 SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING 

18 GROUP. 

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

20 an airport sustainability working group to assist the Ad21 ministrator with issues pertaining to airport sustainability 

22 practices. 

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

24 comprised of not more than 15 members including— 

25 (1) the Administrator; 
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1 (2) 5 member organizations representing avia2 tion interests including: 

3 (A) an organization representing airport 

4 operators; 

5 (B) an organization representing airport 

6 employees; 

7 (C) an organization representing air car8 riers; 

9 (D) an organization representing airport 

10 development and operations experts; 

11 (E) a labor organization representing avia12 tion employees. 

13 (3) 9 airport chief executive officers which shall 

14 include: 

15 (A) at least one from each of the FAA Re16 gions; 

17 (B) at least 1 large hub; 

18 (C) at least 1 medium hub; 

19 (D) at least 1 small hub; 

20 (E) at least 1 non hub; 

21 (F) at least 1 general aviation airport. 

22 (c) FUNCTIONS.— 

23 (1) develop consensus-based best practices and 

24 metrics for the sustainable design, construction, 

25 planning, maintenance, and operation of an airport 
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1 that comply with the guidelines prescribed by the 

2 Administrator; 

3 (2) develop standards for a consensus-based 

4 rating system based on the aforementioned best 

5 practices, metrics, and ratings; and 

6 (3) develop standards for a voluntary ratings 

7 process, based on the aforementioned best practices, 

8 metrics, and ratings; 

9 (4) examine and submit recommendations for 

10 the industry’s next steps with regard to sustain11 ability. 

12 (d) DETERMINATION.—The Administrator shall pro13 vide assurance that the best practices developed by the 

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

15 with any federal aviation or federal, state or local environ16 mental regulation. 

17 (e) UNPAID POSITION.—Working Group members 

18 shall serve at their own expense and receive no salary, re19 imbursement of travel expenses, or other compensation 

20 from the Federal Government. 

21 (f) NONAPPLICABILITY OF FACA.—The Federal Ad22 visory Committee Act (5 U.S.C. App.) shall not apply to 

23 the Working Group under this section. 

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

25 of enactment the Working Group shall submit a report 
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1 to the Administrator containing the best practices and 

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

3 report, the Administrator may publish such best practices 

4 in order to disseminate the information to support the sus5 tainable design, construction, planning, maintenance, and 

6 operations of airports. 

7 (h) No funds may be authorized to carry out this pro8 vision. 

9 SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFI10 CIENCY OF AIRPORT BUILDINGS IN AIRPORT 

11 IMPROVEMENT PROJECTS. 

12 Section 47101(a) is amended— 

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

14 inserting a semicolon; 

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

16 and inserting ‘‘; and’’; and 

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

18 ‘‘(14) that the airport improvement program 

19 should be administered to allow measures to improve 

20 the efficiency of airport buildings to be included in 

21 airport improvement projects, such as measures de22 signed to meet one or more of the criteria for being 

23 a high-performance green building set forth in sec24 tion 401(13) of the Energy Independence and Secu25 rity Act of 2007 (42 U.S.C. 17061(13)), if any sig-
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1 nificant increase in upfront project costs from any 

2 such measure is justified by expected savings over 

3 the lifecycle of the project.’’. 

4 SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIR5 PORT IMPROVEMENT IN PROPORTION TO 

6 AMOUNTS OF AIR TRAFFIC. 

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

8 180 days after the date of the enactment of this Act, the 

9 Administrator of the Federal Aviation Administration 

10 shall— 

11 (1) complete a study on the feasibility and ad12 visability of apportioning amounts under section 

13 47114(c)(1) of title 49, United States Code, to the 

14 sponsor of each primary airport for each fiscal year 

15 an amount that bears the same ratio to the amount 

16 subject to the apportionment for fiscal year 2009 as 

17 the number of passenger boardings at the airport 

18 during the prior calendar year bears to the aggre19 gate of all passenger boardings at all primary air20 ports during that calendar year; and 

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

22 completed under paragraph (1). 

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

24 subsection (a)(2) shall include the following: 
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1 (1) A description of the study carried out under 

2 subsection (a)(1). 

3 (2) The findings of the Administrator with re4 spect to such study. 

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

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

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

8 (4) For each sponsor listed in accordance with 

9 paragraph (3), the following: 

10 (A) The amount such sponsor received, if 

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

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

13 (B) An explanation of how the amount 

14 awarded to such sponsor was determined. 

15 (C) The average number of air passenger 

16 flights serviced each month at the airport of 

17 such sponsor in 2009. 

18 (D) The number of enplanements for air 

19 passenger transportation at such airport in 

20 2005, 2006, 2007, 2008, and 2009. 

21 SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIR22 PORTS. 

23 (a) DEFINITIONS.—In this section: 
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal 

3 Aviation Administration. 

4 (2) GENERAL AVIATION AIRPORT.—The term 

5 ‘‘general aviation airport’’ means an airport that 

6 does not receive scheduled passenger aircraft service. 

7 (b) IN GENERAL.—Notwithstanding any other provi8 sion of law, the Administrator of the Federal Aviation Ad9 ministration (referred to in this section as the ‘‘Adminis10 trator’’) may declare certain revenue derived from or gen11 erated by mineral extraction, production, lease or other 

12 means at any general aviation airport to be revenue great13 er than the amount needed to carry out the 5-year pro14 jected maintenance needs of the airport in order to comply 

15 with the applicable design and safety standards of the 

16 Federal Aviation Administration. 

17 (c) USE OF REVENUE.—An airport sponsor that is 

18 in compliance with the conditions under subsection (d) 

19 may allocate revenue identified by the Administrator 

20 under subsection (b) for Federal, State, or local transpor21 tation infrastructure projects carried out by the airport 

22 sponsor or by a governing body within the geographical 

23 limits of the airport sponsor’s jurisdiction. 
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1 (d) CONDITIONS.—An airport sponsor may not allo2 cate revenue identified by the Administrator under sub3 section (b) unless the airport sponsor— 

4 (1) enters into a written agreement with the 

5 Administrator that sets forth a 5-year capital im6 provement program for the airport, which— 

7 (A) includes the projected costs for the op8 eration, maintenance, and capacity needs of the 

9 airport in order to comply with applicable de10 sign and safety standards of the Federal Avia11 tion Administration; and 

12 (B) appropriately adjusts such costs to ac13 count for inflation; 

14 (2) agrees in writing— 

15 (A) to waive all rights to receive entitle16 ment funds or discretionary funds to be used at 

17 the airport under section 47114 or 47115 of 

18 title 49, United States Code, during the 5-year 

19 period of the capital improvement plan de20 scribed in paragraph (1); 

21 (B) to perpetually comply with sections 

22 47107(b) and 47133 of such title, unless grant23 ed specific exceptions by the Administrator in 

24 accordance with this section; and 
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1 (C) to operate the airport as a public-use 

2 airport, unless the Administrator specifically 

3 grants a request to allow the airport to close; 

4 and 

5 (3) complies with all grant assurance obliga6 tions in effect as of the date of the enactment of this 

7 Act during the 20-year period beginning on the date 

8 of enactment of this Act; 

9 (e) COMPLETION OF DETERMINATION.—Not later 

10 than 90 days after receiving an airport sponsor’s applica11 tion and requisite supporting documentation to declare 

12 that certain mineral revenue is not needed to carry out 

13 the 5-year capital improvement program at such airport, 

14 the Administrator shall determine whether the airport 

15 sponsor’s request should be granted. The Administrator 

16 may not unreasonably deny an application under this sub17 section. 

18 (f) RULEMAKING.—Not later than 90 days after the 

19 date of the enactment of this Act, the Administrator shall 

20 promulgate regulations to carry out this section. 
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1 TITLE III—AIR TRAFFIC CON2 TROL MODERNIZATION AND 

3 FAA REFORM 

4 SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER5 SIGHT BOARD. 

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

7 ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER8 SIGHT BOARD.— 

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

10 the date of enactment of the FAA Air Transpor11 tation Modernization and Safety Improvement Act, 

12 the Secretary shall establish and appoint the mem13 bers of an advisory Board which shall be known as 

14 the Air Traffic Control Modernization Oversight 

15 Board. 

16 ‘‘(2) MEMBERSHIP.—The Board shall be com17 prised of the individual appointed or designated 

18 under section 302 of the FAA Air Transportation 

19 Modernization and Safety Improvement Act (who 

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

21 9 other members, who shall consist of— 

22 ‘‘(A) the Administrator and a representa23 tive from the Department of Defense; 
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1 ‘‘(B) 1 member who shall have a fiduciary 

2 responsibility to represent the public interest; 

3 and 

4 ‘‘(C) 6 members representing aviation in5 terests, as follows: 

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

7 executive officer of an airport. 

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

9 executive officer of a passenger or cargo 

10 air carrier. 

11 ‘‘(iii) 1 representative of a labor orga12 nization representing employees at the 

13 Federal Aviation Administration that are 

14 involved with the operation of the air traf15 fic control system. 

16 ‘‘(iv) 1 representative with extensive 

17 operational experience in the general avia18 tion community. 

19 ‘‘(v) 1 representative from an aircraft 

20 manufacturer. 

21 ‘‘(vi) 1 representative of a labor orga22 nization representing employees at the 

23 Federal Aviation Administration who are 

24 involved with maintenance of the air traffic 

25 control system. 
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1 ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 

2 ‘‘(A) Members of the Board appointed 

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

4 appointed by the President, by and with the ad5 vice and consent of the Senate. 

6 ‘‘(B) Members of the Board appointed 

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

8 United States and shall be appointed without 

9 regard to political affiliation and solely on the 

10 basis of their professional experience and exper11 tise in one or more of the following areas and, 

12 in the aggregate, should collectively bring to 

13 bear expertise in— 

14 ‘‘(i) management of large service or15 ganizations; 

16 ‘‘(ii) customer service; 

17 ‘‘(iii) management of large procure18 ments; 

19 ‘‘(iv) information and communications 

20 technology; 

21 ‘‘(v) organizational development; and 

22 ‘‘(vi) labor relations. 

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

24 paragraphs (2)(B) and (2)(C)— 
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1 ‘‘(i) 2 shall be appointed for terms of 

2 1 year; 

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

4 of 2 years; 

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

6 of 3 years; and 

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

8 of 4 years. 

9 ‘‘(4) FUNCTIONS.— 

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

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

12 Administration’s modernization programs, 

13 budget, and cost accounting system; 

14 ‘‘(ii) review the Administration’s stra15 tegic plan and make recommendations on 

16 the non-safety program portions of the 

17 plan, and provide advice on the safety pro18 grams of the plan; 

19 ‘‘(iii) review the operational efficiency 

20 of the air traffic control system and make 

21 recommendations on the operational and 

22 performance metrics for that system; 

23 ‘‘(iv) approve procurements of air 

24 traffic control equipment in excess of 

25 $100,000,000; 
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1 ‘‘(v) approve by July 31 of each year 

2 the Administrator’s budget request for fa3 cilities and equipment prior to its submis4 sion to the Office of Management and 

5 budget, including which programs are pro6 posed to be funded from the Air Traffic 

7 control system Modernization Account of 

8 the Airport and Airway Trust Fund; 

9 ‘‘(vi) approve the Federal Aviation 

10 Administration’s Capital Investment Plan 

11 prior to its submission to the Congress; 

12 ‘‘(vii) annually review and make rec13 ommendations on the NextGen Implemen14 tation Plan; 

15 ‘‘(viii) approve the Administrator’s se16 lection of the Chief NextGen Officer ap17 pointed or designated under section 302(a) 

18 of the FAA Air Transportation Moderniza19 tion and Safety Improvement Act; and 

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

21 of the Joint Planning and Development 

22 Office. 

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

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

25 the Chairman or of the Administrator. 
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1 ‘‘(C) ACCESS TO DOCUMENTS AND

2 STAFF.—The Administration may give the 

3 Board appropriate access to relevant documents 

4 and personnel of the Administration, and the 

5 Administrator shall make available, consistent 

6 with the authority to withhold commercial and 

7 other proprietary information under section 552 

8 of title 5, cost data associated with the acquisi9 tion and operation of air traffic control systems. 

10 Any member of the Board who receives com11 mercial or other proprietary data from the Ad12 ministrator shall be subject to the provisions of 

13 section 1905 of title 18, pertaining to unauthor14 ized disclosure of such information. 

15 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT

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

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

18 rulemaking committees as the Administrator shall 

19 designate. 

20 ‘‘(6) ADMINISTRATIVE MATTERS.— 

21 ‘‘(A) TERMS OF MEMBERS.—Except as 

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

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

24 (2)(C) shall be appointed for a term of 4 years. 
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1 ‘‘(B) REAPPOINTMENT.—No individual 

2 may be appointed to the Board for more than 

3 8 years total. 

4 ‘‘(C) VACANCY.—Any vacancy on the 

5 Board shall be filled in the same manner as the 

6 original position. Any member appointed to fill 

7 a vacancy occurring before the expiration of the 

8 term for which the member’s predecessor was 

9 appointed shall be appointed for a term of 4 

10 years. 

11 ‘‘(D) CONTINUATION IN OFFICE.—A mem12 ber of the Board whose term expires shall con13 tinue to serve until the date on which the mem14 ber’s successor takes office. 

15 ‘‘(E) REMOVAL.—Any member of the 

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

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

18 cause. 

19 ‘‘(F) CLAIMS AGAINST MEMBERS OF THE

20 BOARD.— 

21 ‘‘(i) IN GENERAL.—A member ap22 pointed to the Board shall have no per23 sonal liability under State or Federal law 

24 with respect to any claim arising out of or 

25 resulting from an act or omission by such 
68 

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1 member within the scope of service as a 

2 member of the Board. 

3 ‘‘(ii) EFFECT ON OTHER LAW.—This 

4 subparagraph shall not be construed— 

5 ‘‘(I) to affect any other immunity 

6 or protection that may be available to 

7 a member of the Board under applica8 ble law with respect to such trans9 actions; 

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

11 remedy against the United States 

12 under applicable law; or 

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

14 the immunities that are available 

15 under applicable law for Federal offi16 cers and employees. 

17 ‘‘(G) ETHICAL CONSIDERATIONS.—Each 

18 member of the Board appointed under para19 graph (2)(B) must certify that the member— 

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

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

22 or aeronautical enterprise, except an inter23 est in a diversified mutual fund or an in24 terest that is exempt from the application 

25 of section 208 of title 18; 
69 

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1 ‘‘(ii) does not engage in another busi2 ness related to aviation or aeronautics; and 

3 ‘‘(iii) is not a member of any organi4 zation that engages, as a substantial part 

5 of its activities, in activities to influence 

6 aviation-related legislation. 

7 ‘‘(H) CHAIRMAN; VICE CHAIRMAN.—The 

8 Board shall elect a chair and a vice chair from 

9 among its members, each of whom shall serve 

10 for a term of 2 years. The vice chair shall per11 form the duties of the chairman in the absence 

12 of the chairman. 

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

14 receive any compensation or other benefits from 

15 the Federal Government for serving on the 

16 Board, except for compensation benefits for in17 juries under subchapter I of chapter 81 of title 

18 5 and except as provided under subparagraph 

19 (J). 

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

21 Board shall be paid actual travel expenses and 

22 per diem in lieu of subsistence expenses when 

23 away from his or her usual place of residence, 

24 in accordance with section 5703 of title 5. 
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1 ‘‘(K) BOARD RESOURCES.—From re2 sources otherwise available to the Adminis3 trator, the Chairman shall appoint such staff to 

4 assist the board and provide impartial analysis, 

5 and the Administrator shall make available to 

6 the Board such information and administrative 

7 services and assistance, as may reasonably be 

8 required to enable the Board to carry out its re9 sponsibilities under this subsection. 

10 ‘‘(L) QUORUM AND VOTING.—A simple 

11 majority of members of the Board duly ap12 pointed shall constitute a quorum. A majority 

13 vote of members present and voting shall be re14 quired for the Committee to take action. 

15 ‘‘(7) AIR TRAFFIC CONTROL SYSTEM DE16 FINED.—In this subsection, the term ‘air traffic con17 trol system’ has the meaning given that term in sec18 tion 40102(a).’’. 

19 SEC. 302. NEXTGEN MANAGEMENT. 

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

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

22 to be responsible for implementation of all Administration 

23 programs associated with the Next Generation Air Trans24 portation System. 
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1 (b) SPECIFIC DUTIES.—The individual appointed or 

2 designated under subsection (a) shall— 

3 (1) oversee the implementation of all Adminis4 tration NextGen programs; 

5 (2) coordinate implementation of those 

6 NextGen programs with the Office of Management 

7 and Budget; 

8 (3) develop an annual NextGen implementation 

9 plan; 

10 (4) ensure that Next Generation Air Transpor11 tation System implementation activities are planned 

12 in such a manner as to require that system architec13 ture is designed to allow for the incorporation of 

14 novel and currently unknown technologies into the 

15 System in the future and that current decisions do 

16 not bias future decisions unfairly in favor of existing 

17 technology at the expense of innovation; and 

18 (5) oversee the Joint Planning and Develop19 ment Office’s facilitation of cooperation among all 

20 Federal agencies whose operations and interests are 

21 affected by implementation of the NextGen pro22 grams. 
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1 SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF2 FIC SERVICES. 

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

4 following: 

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

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

8 section 44502, to permit non-Government providers 

9 of communications, navigation, surveillance or other 

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

13 actions would— 

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

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

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

19 based upon sound engineering principles, user 

20 operational requirements, and marketplace de21 mands; 

22 ‘‘(C) encourage competition and provide 

23 services to the largest feasible number of users; 

24 and 

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

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

2 REIMBURSABLE AGREEMENTS. 

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

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

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

7 Section 40110(c) is amended— 

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

9 paragraph (3); 

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

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

13 SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 

14 Section 40113(e) is amended— 

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

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

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

18 inserting ‘‘safety or efficiency. The Administrator is 

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

21 and to contract with foreign aviation authorities to 

22 provide these services consistent with the provisions 

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

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

3 paragraph (3) and inserting ‘‘appropriation current 

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

6 SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 

7 Section 40122(g)(2) is amended— 

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

9 subparagraph (G); 

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

11 and inserting ‘‘Board; and’’; and 

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

13 subparagraph: 

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

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

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

21 ‘‘(i) for purposes of applying such 

22 provisions to the personnel management 

23 system— 

24 ‘‘(I) the term ‘agency’ means the 

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

2 means a Federal Aviation Administra3 tion executive; 

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

5 means a Federal Aviation Administra6 tion career executive; and 

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

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

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

14 individual to a lump-sum payment of an 

15 amount equal to 20 percent of annual 

16 basic pay, which shall be in addition to the 

17 basic pay paid under the Federal Aviation 

18 Administration Executive Compensation 

19 Plan; and 

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

21 the rank of Distinguished Executive or 

22 Distinguished Senior Professional entitles 

23 the individual to a lump-sum payment of 

24 an amount equal to 35 percent of annual 

25 basic pay, which shall be in addition to the 
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1 basic pay paid under the Federal Aviation 

2 Administration Executive Compensation 

3 Plan.’’. 

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

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

8 this Act, the Administrator, after providing an opportunity 

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

10 in making the Administrator’s recommendations for the 

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

13 operating, maintenance, and administrative costs with no 

14 adverse effect on safety. 

15 (b) REALIGNMENT RECOMMENDATIONS.—Within 9 

16 months after publication of the criteria, the Administrator 

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

18 Administrator recommends for realignment, including a 

19 justification for each recommendation and a description 

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

21 Register and allow 45 days for the submission of public 

22 comments to the Board. In addition, the Administrator 

23 upon request shall hold a public hearing in any community 

24 that would be affected by a recommendation in the report. 
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1 (c) STUDY BY BOARD.—The Air Traffic Control 

2 Modernization Oversight Board established by section 

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

5 opportunities, risks, and benefits of realigning services and 

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

9 (d) REVIEW AND RECOMMENDATIONS.— 

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

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

20 report any recommendation made by the Board that 

21 is different from the recommendations made by the 

22 Administrator pursuant to subsection (b). 

23 (3) The Administrator may not realign any air 

24 traffic control facilities or regional offices until the 

25 Board’s recommendations are complete, unless for 
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1 each proposed realignment the Administrator and 

2 each exclusive bargaining representative certified 

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

4 of affected employees execute a written agreement 

5 regarding the proposed realignment. 

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

7 term ‘‘realignment’’— 

8 (1) means a relocation or reorganization of 

9 functions, services, or personnel positions, including 

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

13 reassignment of employees; but 

14 (2) does not include a reduction in personnel 

15 resulting from workload adjustments. 

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

18 (a) IMPROVED COOPERATION AND COORDINATION

19 AMONG PARTICIPATING AGENCIES.—Section 709 of the 

20 Vision 100—Century of Aviation Reauthorization Act (49 

21 U.S.C. 40101 note) is amended— 

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

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

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

25 ‘‘The office shall be headed by a Director, who shall 
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1 report to the Chief NextGen Officer appointed or 

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

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

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

6 (a)(3); 

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

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

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

13 Security, and the head of any other Department 

14 or Federal agency from which the Secretary of 

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

18 ‘‘(i) carrying out the Department or 

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

21 with the Office; 

22 ‘‘(ii) liaison and coordination with 

23 other Departments and agencies involved 

24 in Next Generation Air Transportation 

25 System activities; and 
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1 ‘‘(iii) managing all Next Generation 

2 Air Transportation System programs for 

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

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

8 Code). 

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

10 agency shall ensure that— 

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

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

15 ‘‘(ii) the performance of supervisory 

16 personnel in that office in carrying out the 

17 Department’s or agency’s Next Generation 

18 Air Transportation System responsibilities 

19 is reflected in their annual performance 

20 evaluations and compensation decisions. 

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

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

24 head of each such Department or agency shall 

25 execute a memorandum of understanding with 
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1 the Office and with the other Departments and 

2 agencies participating in the Next Generation 

3 Air Transportation System project that— 

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

6 agency, including budgetary commitments; 

7 and 

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

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

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

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

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

15 in the Federal Aviation Administration’s operational 

16 evolution plan’’ in subsection (b); 

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

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

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

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

23 following: 

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

25 issue regulations and guidelines for implementa-
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1 tion of the Next Generation Air Transportation 

2 System within a timeframe consistent with the 

3 integrated plan; and’’; 

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

5 ‘‘concepts’’ in subsection (b)(4); 

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

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

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

9 following: 

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

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

14 shall update it annually thereafter.’’; and 

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

16 inserting ‘‘2011.’’. 

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

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

21 SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 

22 Section 40102(a)(4) is amended— 

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

24 the following: 
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1 ‘‘(B) runway lighting and airport surface 

2 visual and other navigation aids;’’; 

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

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

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

8 supplying communication, navigation or surveillance 

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

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

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

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

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

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

18 dedicated to the National Airspace System.’’. 

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

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

23 amount received may be credited to the appropriation cur24 rent when the amount is received; and’’. 
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1 SEC. 312. EDUCATIONAL REQUIREMENTS. 

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

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

6 practice and meet the eligibility requirements of section 

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

8 SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM. 

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

10 ‘‘(2) DISPUTE RESOLUTION.— 

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

12 does not reach an agreement under paragraph 

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

14 bargaining representatives, the services of the 

15 Federal Mediation and Conciliation Service 

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

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

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

22 negotiation of a collective-bargaining agree23 ment. 

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

26 Service under subparagraph (A) do not lead to 
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1 an agreement, the Administrator and the bar2 gaining representatives shall submit their issues 

3 in controversy to the Federal Service Impasses 

4 Panel in accordance with section 7119 of title 

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

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

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

12 less than 15 names of arbitrators with Federal 

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

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

17 receiving the list, the parties shall each select 1 

18 person. The 2 arbitrators shall then select a 

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

20 2 arbitrators are unable to agree on the third 

21 person, the parties shall select the third person 

22 by alternately striking names from the list until 

23 only 1 name remains. If the parties do not 

24 agree on the framing of the issues to be sub25 mitted, the arbitration board shall frame the 
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1 issues. The arbitration board shall give the par2 ties a full and fair hearing, including an oppor3 tunity to present evidence in support of their 

4 claims, and an opportunity to present their case 

5 in person, by counsel, or by other representative 

6 as they may elect. Decisions of the arbitration 

7 board shall be conclusive and binding upon the 

8 parties. The arbitration board shall render its 

9 decision within 90 days after its appointment. 

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

12 equally. The arbitration board shall take into 

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

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

17 budget. 

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

19 agreement or at the conclusion of the binding 

20 arbitration under subparagraph (B) above, the 

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

23 to ratification by the exclusive representative, if 

24 so requested by the exclusive representative, 
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1 and approval by the head of the agency in ac2 cordance with subsection (g)(2)(C). 

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

4 provisions of this paragraph shall be in the 

5 United States District Court for the District of 

6 Columbia.’’. 

7 SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES. 

8 (a) OEP AIRPORT PROCEDURES.— 

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

10 date of enactment of this Act, the Administrator of 

11 the Federal Aviation Administration shall publish a 

12 report, after consultation with representatives of ap13 propriate Administration employee groups, airport 

14 operators, air carriers, general aviation representa15 tives, aircraft and avionics manufacturers, and third 

16 parties that have received letters of qualification 

17 from the Administration to design and validate re18 quired navigation performance flight paths for public 

19 use (in this section referred to as ‘‘qualified third 

20 parties’’) that includes the following: 

21 (A) RNP OPERATIONS.—A list of required 

22 navigation performance procedures (as defined 

23 in FAA order 8260.52(d)) to be developed, cer24 tified, and published, and the air traffic control 

25 operational changes, to maximize the efficiency 
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1 and capacity of NextGen commercial operations 

2 at the 137 small, medium, and large hub air3 ports. The Administrator shall clearly identify 

4 each required navigation performance operation 

5 that is an overlay of an existing instrument 

6 flight procedure. 

7 (B) COORDINATION AND IMPLEMENTATION

8 ACTIVITIES.—A description of the activities and 

9 operational changes and approvals required to 

10 coordinate and to utilize those procedures at 

11 each of the airports in subparagraph (A). 

12 (C) IMPLEMENTATION PLAN.—A plan for 

13 implementation of those procedures that estab14 lishes— 

15 (i) clearly defined budget, schedule, 

16 project organization, environmental, and 

17 leadership requirements; 

18 (ii) specific implementation and tran19 sition steps; 

20 (iii) coordination and communications 

21 mechanisms with qualified third parties; 

22 (iv) specific procedures for engaging 

23 the appropriate Administration employee 

24 groups to ensure that human factors, 

25 training and other issues surrounding the 
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1 adoption of required navigation perform2 ance procedures in the en route and ter3 minal environments are addressed; 

4 (v) baseline and performance metrics 

5 for measuring the Administration’s 

6 progress in implementing the plan, includ7 ing the percentage utilization of required 

8 navigation performance in the National 

9 Airspace System; 

10 (vi) outcome-based performance 

11 metrics to measure progress in imple12 menting RNP procedures that reduce fuel 

13 burn and emissions; 

14 (vii) a description of the software and 

15 database information, such as a current 

16 version of the Noise Integrated Routing 

17 System or the Integrated Noise Model that 

18 the Administration will need to make avail19 able to qualified third parties to enable 

20 those third parties to design procedures 

21 that will meet the broad range of require22 ments of the Administration; 

23 (viii) lifecycle management for RNP 

24 procedures; and 
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1 (ix) an expedited validation process 

2 that allows an air carrier using a RNP 

3 procedure validated by the Administrator 

4 at an airport for a specific model of air5 craft and equipage to transfer all of the in6 formation associated with the use of that 

7 procedure to another air carrier for use at 

8 the same airport for the same model of air9 craft and equipage. 

10 (2) IMPLEMENTATION SCHEDULE.—The Ad11 ministrator shall certify, publish, and implement— 

12 (A) 30 percent of the required procedures 

13 within 18 months after the date of enactment 

14 of this Act; 

15 (B) 60 percent of the procedures within 36 

16 months after the date of enactment of this Act; 

17 and 

18 (C) 100 percent of the procedures before 

19 January 1, 2014. 

20 (b) OTHER AIRPORTS.— 

21 (1) IN GENERAL.—Within one year after the 

22 date of enactment of this Act, the Administration 

23 shall publish a report, after consultation with rep24 resentatives of appropriate Administration employee 

25 groups, airport operators, air carriers, general avia-
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1 tion representatives, aircraft and avionics manufac2 turers, and qualified third parties, that includes a 

3 plan for applying the procedures, requirements, cri4 teria, and metrics described in subsection (a)(1) to 

5 other airports across the Nation, with priority given 

6 to those airports where procedures developed, cer7 tified, and published under this section will provide 

8 the greatest benefits in terms of safety, capacity, 

9 fuel burn, and emissions. 

10 (2) SURVEYING OBSTACLES SURROUNDING RE11 GIONAL AIRPORTS.—Not later than 1 year after the 

12 date of enactment of that Act, the Administrator, in 

13 consultation with the State secretaries of transpor14 tation and state, shall identify options and funding 

15 mechanisms for surveying obstacles in areas around 

16 airports such that can be used as an input to future 

17 RNP procedures. 

18 (3) IMPLEMENTATION SCHEDULE.—The Ad19 ministration shall certify, publish, and implement— 

20 (A) 25 percent of the required procedures 

21 at such other airports within 18 months after 

22 the date of enactment of this Act; 

23 (B) 50 percent of the procedures at such 

24 other airports within 30 months after the date 

25 of enactment of this Act; 
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1 (C) 75 percent of the procedures at such 

2 other airports within 42 months after the date 

3 of enactment of this Act; and 

4 (D) 100 percent of the procedures before 

5 January 1, 2016. 

6 (c) ESTABLISHMENT OF PRIORITIES.—The Adminis7 tration shall extend the charter of the Performance Based 

8 Navigation Aviation Rulemaking Committee as necessary 

9 to authorize and request it to establish priorities for the 

10 development, certification, publication, and implementa11 tion of the navigation performance procedures based on 

12 their potential safety, efficiency, and congestion benefits. 

13 (d) COORDINATED AND EXPEDITED REVIEW.—Re14 quired Navigation Performance and other performance15 based navigation procedures developed, certified, pub16 lished, and implemented under this section that will meas17 urably reduce aircraft emissions and result in an absolute 

18 reduction or no net increase in noise levels shall be pre19 sumed to have no significant environmental impact and 

20 the Administrator shall issue and file a categorical exclu21 sion for such procedures. 

22 (e) DEPLOYMENT PLAN FOR NATIONWIDE DATA

23 COMMUNICATIONS SYSTEM.—Within 1 year after the date 

24 of enactment of this Act, the Administrator shall submit 

25 a plan for implementation of a nationwide communications 
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1 system to the Senate Committee on Commerce, Science, 

2 and Transportation and the House of Representatives 

3 Committee on Transportation and Infrastructure. The 

4 plan shall include— 

5 (1) clearly defined budget, schedule, project or6 ganization, and leadership requirements; 

7 (2) specific implementation and transition 

8 steps; and 

9 (3) baseline and performance metrics for meas10 uring the Administration’s progress in implementing 

11 the plan. 

12 (f) IMPROVED PERFORMANCE STANDARDS.—Within 

13 90 days after the date of enactment of this Act, the Ad14 ministrator shall submit a report to the Senate committee 

15 on commerce, Science, and Transportation and the House 

16 of Representatives Committee on Transportation and In17 frastructure that— 

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

19 RNP, and other technologies as part of the NextGen 

20 Air Transportation System implementation plan will 

21 display the position of aircraft more accurately and 

22 frequently so as to enable a more efficient use of ex23 isting airspace and result in reduced consumption of 

24 aviation fuel and aircraft engine emissions; 
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1 (2) evaluates the feasibility of reducing aircraft 

2 separation standards in a safe manner as a result of 

3 implementation of such technologies; and 

4 (3) if the Administrator determines that such 

5 standards can be reduced safely, includes a timetable 

6 for implementation of such reduced standards. 

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

8 (a) IN GENERAL.— 

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

10 the date of enactment of this Act, the Administrator 

11 shall submit a report to the Senate Committee on 

12 Commerce, Science, and Transportation and the 

13 House of Representatives Committee on Transpor14 tation and Infrastructure detailing the Administra15 tion’s program and schedule for integrating ADS–B 

16 technology into the National Airspace System. The 

17 report shall include— 

18 (A) a clearly defined budget, schedule, 

19 project organization, leadership, and the spe20 cific implementation or transition steps required 

21 to achieve these ADS–B ground station instal22 lation goals; 

23 (B) a transition plan for ADS–B that in24 cludes date-specific milestones for the imple-
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1 mentation of new capabilities into the National 

2 Airspace System; 

3 (C) identification of any potential oper4 ational or workforce changes resulting from de5 ployment of ADS–B; 

6 (D) detailed plans and schedules for imple7 mentation of advanced operational procedures 

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

9 (E) baseline and performance metrics in 

10 order to measure the agency’s progress. 

11 (2) IDENTIFICATION AND MEASUREMENT OF

12 BENEFITS.—In the report required by paragraph 

13 (1), the Administrator shall identify actual benefits 

14 that will accrue to National Airspace System users, 

15 small and medium-sized airports, and general avia16 tion users from deployment of ADS–B and provide 

17 an explanation of the metrics used to quantify those 

18 benefits. 

19 (b) RULEMAKINGS.— 

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

21 the date of enactment of this Act the Administrator 

22 shall— 

23 (A) complete the initial rulemaking pro24 ceeding (Docket No. FAA–2007–29305; Notice 

25 No. 07–15; 72 FR 56947) to issue guidelines 
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1 and regulations for ADS–B Out technology 

2 that— 

3 (i) identify the ADS–B Out tech4 nology that will be required under 

5 NextGen; 

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

7 all aircraft to be equipped with such tech8 nology by 2015; and 

9 (iii) identify— 

10 (I) the type of such avionics re11 quired of aircraft for all classes of air12 space; 

13 (II) the expected costs associated 

14 with the avionics; and 

15 (III) the expected uses and bene16 fits of the avionics; and 

17 (B) initiate a rulemaking proceeding to 

18 issue any additional guidelines and regulations 

19 for ADS–B Out technology not addressed in the 

20 initial rulemaking. 

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

22 the date of enactment of this Act the Administrator 

23 shall initiate a rulemaking proceeding to issue guide24 lines and regulations for ADS–B In technology 

25 that— 
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1 (A) identify the ADS–B In technology that 

2 will be required under NextGen; 

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

4 aircraft to be equipped with such technology by 

5 2018; and 

6 (C) identify— 

7 (i) the type of such avionics required 

8 of aircraft for all classes of airspace; 

9 (ii) the expected costs associated with 

10 the avionics; and 

11 (iii) the expected uses and benefits of 

12 the avionics. 

13 (3) READINESS VERIFICATION.—Before the 

14 date on which all aircraft are required to be 

15 equipped with ADS–B technology pursuant to 

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

17 Traffic Control Modernization Oversight Board shall 

18 verify that— 

19 (A) the necessary ground infrastructure is 

20 installed and functioning properly; 

21 (B) certification standards have been ap22 proved; and 

23 (C) appropriate operational platforms 

24 interface safely and efficiently. 
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1 (c) USES.—Within 18 months after the date of enact2 ment of this Act, the Administrator shall develop, in con3 sultation with appropriate employee groups, a plan for the 

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

5 traffic control by 2015. The plans shall— 

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

7 B prior to the 2015 deadline for surveillance and ac8 tive air traffic control in specific regions of the coun9 try with the most congested airspace; 

10 (2) identify the equipment required at air traf11 fic control facilities and the training required for air 

12 traffic controllers; 

13 (3) develop procedures, in consultation with ap14 propriate employee groups, to conduct air traffic 

15 management in mixed equipage environments; and 

16 (4) establish a policy in these test regions, with 

17 consultation from appropriate employee groups, to 

18 provide incentives for equipage with ADS–B tech19 nology by giving priority to aircraft equipped with 

20 such technology before the 2015 and 2018 equipage 

21 deadlines. 

22 (d) CONDITIONAL EXTENSION OF DEADLINES FOR

23 EQUIPPING AIRCRAFT WITH ADS–B TECHNOLOGY.— 

24 (1) ADS–B OUT.—In the case that the Admin25 istrator fails to complete the initial rulemaking de-
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1 scribed in subparagraph (A) of subsection (b)(1) on 

2 or before the date that is 45 days after the date of 

3 the enactment of this Act, the deadline described in 

4 clause (ii) of such subparagraph shall be extended by 

5 an amount of time that is equal to the amount of 

6 time of the period beginning on the date that is 45 

7 days after the date of the enactment of this Act and 

8 ending on the date on which the Administrator com9 pletes such initial rulemaking. 

10 (2) ADS–B IN.—In the case that the Adminis11 trator fails to initiate the rulemaking required by 

12 paragraph (2) of subsection (b) on or before the 

13 date that is 45 days after the date of the enactment 

14 of this Act, the deadline described in subparagraph 

15 (B) of such paragraph shall be extended by an 

16 amount of time that is equal to the amount of time 

17 of the period beginning on the date that is 45 days 

18 after the date of the enactment of this Act and end19 ing on the date on which the Administrator initiates 

20 such rulemaking. 

21 SEC. 316. EQUIPAGE INCENTIVES. 

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

23 report that— 

24 (1) identifies incentive options to encourage the 

25 equipage of aircraft with NextGen technologies, in-
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1 cluding a policy that gives priority to aircraft 

2 equipped with ADS–B technology; 

3 (2) identifies the costs and benefits of each op4 tion; and 

5 (3) includes input from industry stakeholders, 

6 including passenger and cargo air carriers, aerospace 

7 manufacturers, and general aviation aircraft opera8 tors. 

9 (b) DEADLINE.—The Administrator shall issue the 

10 report before the earlier of— 

11 (1) the date that is 6 months after the date of 

12 enactment of this Act; or 

13 (2) the date on which aircraft are required to 

14 be equipped with ADS–B technology pursuant to 

15 rulemakings under section 315(b) of this Act. 

16 SEC. 317. PERFORMANCE METRICS. 

17 (a) IN GENERAL.—No later than June 1, 2010, the 

18 Administrator shall establish and track National Airspace 

19 System performance metrics, including, at a minimum— 

20 (1) the allowable operations per hour on run21 ways; 

22 (2) average gate-to-gate times; 

23 (3) fuel burned between key city pairs; 

24 (4) operations using the advanced procedures 

25 implemented under section 314 of this Act; 
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1 (5) average distance flown between key city 

2 pairs; 

3 (6) time between pushing back from the gate 

4 and taking off; 

5 (7) uninterrupted climb or descent; 

6 (8) average gate arrival delay for all arrivals; 

7 (9) flown versus filed flight times for key city 

8 pairs; and 

9 (10) metrics to demonstrate reduced fuel burn 

10 and reduced emissions. 

11 (b) OPTIMAL BASELINES.—The Administrator, in 

12 consultation with aviation industry stakeholders, shall 

13 identify optimal baselines for each of these metrics and 

14 appropriate methods to measure deviations from these 

15 baselines. 

16 (c) PUBLICATION.—The Administration shall make 

17 the data obtained under subsection (a) available to the 

18 public in a searchable, sortable, downloadable format 

19 through its website and other appropriate media. 

20 (d) REPORTS.— 

21 (1) INITIAL REPORT.—Not later than 90 days 

22 after the date of enactment of this Act, the Adminis23 trator shall submit to the Senate Committee on 

24 Commerce, Science, and Transportation and the 
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1 House of Representatives Committee on Transpor2 tation and Infrastructure that contains— 

3 (A) a description of the metrics that will 

4 be used to measure the Administration’s 

5 progress in implementing NextGen Air Trans6 portation System capabilities and operational 

7 results; and 

8 (B) information about how any additional 

9 metrics were developed. 

10 (2) ANNUAL PROGRESS REPORT.—The Admin11 istrator shall submit an annual progress report to 

12 those committees on the Administration’s progress 

13 in implementing NextGen Air Transportation Sys14 tem. 

15 SEC. 318. CERTIFICATION STANDARDS AND RESOURCES. 

16 (a) IN GENERAL.—Within 6 months after the date 

17 of enactment of this Act, the Administrator shall develop 

18 a plan to accelerate and streamline the process for certifi19 cation of NextGen technologies, including— 

20 (1) updated project plans and timelines to meet 

21 the deadlines established by this title; 

22 (2) identification of the specific activities need23 ed to certify core NextGen technologies, including 

24 the establishment of NextGen technical requirements 

25 for the manufacture of equipage, installation of equi-
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1 page, airline operational procedures, pilot training 

2 standards, air traffic control procedures, and air 

3 traffic controller training; 

4 (3) staffing requirements for the Air Certifi5 cation Service and the Flight Standards Service, and 

6 measures addressing concerns expressed by the De7 partment of Transportation Inspector General and 

8 the Comptroller General regarding staffing needs for 

9 modernization; 

10 (4) an assessment of the extent to which the 

11 Administration will use third parties in the certifi12 cation process, and the cost and benefits of this ap13 proach; and 

14 (5) performance metrics to measure the Admin15 istration’s progress. 

16 (b) CERTIFICATION INTEGRITY.—The Administrator 

17 shall make no distinction between public or privately 

18 owned equipment, systems, or services used in the Na19 tional Airspace System when determining certification re20 quirements. 

21 SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECH22 NOLOGY. 

23 Not later than 120 days after the date of the enact24 ment of this Act, the Administrator of the Federal Avia-
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1 tion Administration shall submit to Congress a report that 

2 contains— 

3 (1) a financing proposal that— 

4 (A) uses innovative methods to fully fund 

5 the development and implementation of tech6 nology for the Next Generation Air Transpor7 tation System in a manner that does not in8 crease the Federal deficit; and 

9 (B) takes into consideration opportunities 

10 for involvement by public-private partnerships; 

11 and 

12 (C) recommends creative financing pro13 posals other than user fees or higher taxes; and 

14 (2) recommendations with respect to how the 

15 Administrator and Congress can provide operational 

16 benefits, such as benefits relating to preferred air17 space, routings, or runway access, for all aircraft, in18 cluding air carriers and general aviation, that equip 

19 their aircraft with technology necessary for the oper20 ation of the Next Generation Air Transportation 

21 System before the date by which the Administrator 

22 requires the use of such technology. 

23 SEC. 320. UNMANNED AERIAL SYSTEMS. 

24 (a) IN GENERAL.—Within 1 year after the date of 

25 enactment of this Act, the Administrator shall develop a 
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1 plan to accelerate the integration of unmanned aerial sys2 tems into the National Airspace System that— 

3 (1) creates a pilot project to integrate such ve4 hicles into the National Airspace System at 4 test 

5 sites in the National Airspace System by 2012; 

6 (2) creates a safe, non-exclusionary airspace 

7 designation for cooperative manned and unmanned 

8 flight operations in the National Airspace System; 

9 (3) establishes a process to develop— 

10 (A) air traffic requirements for all un11 manned aerial systems at the test sites; and 

12 (B) certification and flight standards for 

13 nonmilitary unmanned aerial systems at the 

14 test sites; 

15 (4) dedicates funding for unmanned aerial sys16 tems research and development relating to— 

17 (A) air traffic requirements; and 

18 (B) certification and flight standards for 

19 nonmilitary unmanned aerial systems in the 

20 National Airspace System; 

21 (5) encourages leveraging and coordination of 

22 such research and development activities with the 

23 National Aeronautics and Space Administration and 

24 the Department of Defense; 
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1 (6) addresses both military and nonmilitary un2 manned aerial system operations; 

3 (7) ensures that the unmanned aircraft systems 

4 integration plan is incorporated in the Administra5 tion’s NextGen Air Transportation System imple6 mentation plan; and 

7 (8) provides for integration into the National 

8 Airspace System of safety standards and navigation 

9 procedures validated— 

10 (A) under the pilot project created pursu11 ant to paragraph (1); or 

12 (B) through other related research and de13 velopment activities carried out pursuant to 

14 paragraph (4). 

15 (b) SELECTION OF TEST SITES.— 

16 (1) INCREASED NUMBER OF TEST SITES; DEAD17 LINE FOR PILOT PROJECT.—Notwithstanding sub18 section (a)(1), the plan developed under subsection 

19 (a) shall include a pilot project to integrate un20 manned aerial systems into the National Airspace 

21 System at 6 test sites in the National Airspace Sys22 tem by December 31, 2012. 

23 (2) TEST SITE CRITERIA.—The Administrator 

24 of the Federal Aviation Administration shall take 

25 into consideration geographical and climate diversity 
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1 and appropriate facilities in determining where the 

2 test sites to be established under the pilot project re3 quired by subsection (a)(1) are to be located. 

4 (c) CERTIFICATION AND FLIGHT STANDARDS FOR

5 MILITARY UNMANNED AERIAL SYSTEMS.—The Secretary 

6 of Defense shall establish a process to develop certification 

7 and flight standards for military unmanned aerial systems 

8 at the test sites referred to in subsection (a)(1). 

9 (d) CERTIFICATION PROCESS.—The Administrator of 

10 the Federal Aviation Administration shall expedite the ap11 proval process for requests for certificates of authorization 

12 at test sites referred to in subsection (a)(1). 

13 (e) REPORT ON SYSTEMS AND DETECTION TECH14 NIQUES.—Not later than 180 days after the date of the 

15 enactment of this Act, the Administrator of the Federal 

16 Aviation Administration shall submit to the Committee on 

17 Commerce, Science, and Transportation of the Senate and 

18 the Committee on Transportation and Infrastructure of 

19 the House of Representatives a report describing and as20 sessing the progress being made in establishing special use 

21 airspace to fill the immediate need of the Department of 

22 Defense to develop detection techniques for small un23 manned aerial vehicles and to validate sensor integration 

24 and operation of unmanned aerial systems. 
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1 SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE. 

2 (a) IN GENERAL.—The Air Traffic Organization 

3 shall— 

4 (1) evaluate the Airport Surface Detection 

5 Equipment-Model X program for its potential con6 tribution to implementation of the NextGen initia7 tive; 

8 (2) evaluate airport surveillance technologies 

9 and associated collaborative surface management 

10 software for potential contributions to implementa11 tion of NextGen surface management; 

12 (3) accelerate implementation of the program; 

13 and 

14 (4) carry out such additional duties as the Ad15 ministrator may require. 

16 (b) EXPEDITED CERTIFICATION AND UTILIZA17 TION.—The Administrator shall— 

18 (1) consider options for expediting the certifi19 cation of Ground Based Augmentation System tech20 nology; and 

21 (2) develop a plan to utilize such a system at 

22 the 35 Operational Evolution Partnership airports 

23 by September 30, 2012. 

24 SEC. 322. STAKEHOLDER COORDINATION. 

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

26 a process for including qualified employees selected by 
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1 each exclusive collective bargaining representative of em2 ployees of the Administration who are likely to be affected 

3 by the planning, development, and deployment of air traf4 fic control modernization projects (including the Next 

5 Generation Air Transportation System) in, and collabo6 rating with, such employees in the planning, development, 

7 and deployment of those projects. 

8 (b) PARTICIPATION.— 

9 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

10 Participation in the process described in subsection 

11 (a) shall not be construed as a waiver of any bar12 gaining obligations or rights under section 

13 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

14 States Code. 

15 (2) CAPACITY AND COMPENSATION.—Exclusive 

16 collective bargaining representatives and selected 

17 employees participating in the process described in 

18 subsection (a) shall— 

19 (A) serve in a collaborative and advisory 

20 capacity; and 

21 (B) receive appropriate travel and per 

22 diem expenses in accordance with the travel 

23 policies of the Administration in addition to any 

24 regular compensation and benefits. 
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1 (c) REPORT.—No later than 180 days after the date 

2 of enactment of this Act, the Administrator shall submit 

3 a report on the implementation of this section to the Sen4 ate Committee on Commerce, Science, and Transportation 

5 and the House of Representatives Committee on Trans6 portation and Infrastructure. 

7 SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA8 CILITY CONDITIONS. 

9 (a) ESTABLISHMENT.—The Administrator shall es10 tablish a special task force to be known as the ‘‘FAA Task 

11 Force on Air Traffic Control Facility Conditions’’. 

12 (b) MEMBERSHIP.— 

13 (1) COMPOSITION.—The Task Force shall be 

14 composed of 11 members of whom— 

15 (A) 7 members shall be appointed by the 

16 Administrator; and 

17 (B) 4 members shall be appointed by labor 

18 unions representing employees who work at 

19 field facilities of the Administration. 

20 (2) QUALIFICATIONS.—Of the members ap21 pointed by the Administrator under paragraph 

22 (1)(A)— 

23 (A) 4 members shall be specialists on toxic 

24 mold abatement, ‘‘sick building syndrome,’’ and 

25 other hazardous building conditions that can 
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1 lead to employee health concerns and shall be 

2 appointed by the Administrator in consultation 

3 with the Director of the National Institute for 

4 Occupational Safety and Health; and 

5 (B) 2 members shall be specialists on the 

6 rehabilitation of aging buildings. 

7 (3) TERMS.—Members shall be appointed for 

8 the life of the Task Force. 

9 (4) VACANCIES.—A vacancy in the Task Force 

10 shall be filled in the manner in which the original 

11 appointment was made. 

12 (5) TRAVEL EXPENSES.—Members shall serve 

13 without pay but shall receive travel expenses, includ14 ing per diem in lieu of subsistence, in accordance 

15 with subchapter I of chapter 57 of title 5, United 

16 States Code. 

17 (c) CHAIRPERSON.—The Administrator shall des18 ignate, from among the individuals appointed under sub19 section (b)(1), an individual to serve as chairperson of the 

20 Task Force. 

21 (d) TASK FORCE PERSONNEL MATTERS.— 

22 (1) STAFF.—The Task Force may appoint and 

23 fix the pay of such personnel as it considers appro24 priate. 
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1 (2) STAFF OF FEDERAL AGENCIES.—Upon re2 quest of the Chairperson of the Task Force, the 

3 head of any department or agency of the United 

4 States may detail, on a reimbursable basis, any of 

5 the personnel of that department or agency to the 

6 Task Force to assist it in carrying out its duties 

7 under this section. 

8 (3) OTHER STAFF AND SUPPORT.—Upon re9 quest of the Task Force or a panel of the Task 

10 Force, the Administrator shall provide the Task 

11 Force or panel with professional and administrative 

12 staff and other support, on a reimbursable basis, to 

13 the Task Force to assist it in carrying out its duties 

14 under this section. 

15 (e) OBTAINING OFFICIAL DATA.—The Task Force 

16 may secure directly from any department or agency of the 

17 United States information (other than information re18 quired by any statute of the United States to be kept con19 fidential by such department or agency) necessary for the 

20 Task Force to carry out its duties under this section. 

21 Upon request of the chairperson of the Task Force, the 

22 head of that department or agency shall furnish such in23 formation to the Task Force. 

24 (f) DUTIES.— 
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1 (1) STUDY.—The Task Force shall undertake a 

2 study of— 

3 (A) the conditions of all air traffic control 

4 facilities across the Nation, including towers, 

5 centers, and terminal radar air control; 

6 (B) reports from employees of the Admin7 istration relating to respiratory ailments and 

8 other health conditions resulting from exposure 

9 to mold, asbestos, poor air quality, radiation 

10 and facility-related hazards in facilities of the 

11 Administration; 

12 (C) conditions of such facilities that could 

13 interfere with such employees’ ability to effec14 tively and safely perform their duties; 

15 (D) the ability of managers and super16 visors of such employees to promptly document 

17 and seek remediation for unsafe facility condi18 tions; 

19 (E) whether employees of the Administra20 tion who report facility-related illnesses are 

21 treated fairly; 

22 (F) utilization of scientifically approved re23 mediation techniques in a timely fashion once 

24 hazardous conditions are identified in a facility 

25 of the Administration; and 
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1 (G) resources allocated to facility mainte2 nance and renovation by the Administration. 

3 (2) FACILITY CONDITION INDICES.—The Task 

4 Force shall review the facility condition indices of 

5 the Administration for inclusion in the recommenda6 tions under subsection (g). 

7 (g) RECOMMENDATIONS.—Based on the results of 

8 the study and review of the facility condition indices under 

9 subsection (f), the Task Force shall make recommenda10 tions as it considers necessary to— 

11 (1) prioritize those facilities needing the most 

12 immediate attention in order of the greatest risk to 

13 employee health and safety; 

14 (2) ensure that the Administration is using sci15 entifically approved remediation techniques in all fa16 cilities; and 

17 (3) assist the Administration in making pro18 grammatic changes so that aging air traffic control 

19 facilities do not deteriorate to unsafe levels. 

20 (h) REPORT.—Not later than 6 months after the date 

21 on which initial appointments of members to the Task 

22 Force are completed, the Task Force shall submit a report 

23 to the Administrator, the Senate Committee on Com24 merce, Science, and Transportation, and the House of 

25 Representatives Committee on Transportation and Infra-
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1 structure on the activities of the Task Force, including 

2 the recommendations of the Task Force under subsection 

3 (g). 

4 (i) IMPLEMENTATION.—Within 30 days after receipt 

5 of the Task Force report under subsection (h), the Admin6 istrator shall submit to the House of Representatives 

7 Committee on Transportation and Infrastructure and the 

8 Senate Committee on Commerce, Science, and Transpor9 tation a report that includes a plan and timeline to imple10 ment the recommendations of the Task Force and to align 

11 future budgets and priorities of the Administration ac12 cordingly. 

13 (j) TERMINATION.—The Task Force shall terminate 

14 on the last day of the 30-day period beginning on the date 

15 on which the report under subsection (h) is submitted. 

16 (k) APPLICABILITY OF THE FEDERAL ADVISORY

17 COMMITTEE ACT.—The Federal Advisory Committee Act 

18 (5 U.S.C. App.) shall not apply to the Task Force. 

19 SEC. 324. STATE ADS–B EQUIPAGE BANK PILOT PROGRAM. 

20 (a) IN GENERAL.— 

21 (1) COOPERATIVE AGREEMENTS.—Subject to 

22 the provisions of this section, the Secretary of 

23 Transportation may enter into cooperative agree24 ments with not to exceed 5 States for the establish25 ment of State ADS–B equipage banks for making 
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1 loans and providing other assistance to public enti2 ties for projects eligible for assistance under this 

3 section. 

4 (b) FUNDING.— 

5 (1) SEPARATE ACCOUNT.—An ADS–B equipage 

6 bank established under this section shall maintain a 

7 separate aviation trust fund account for Federal 

8 funds contributed to the bank under paragraph (2). 

9 No Federal funds contributed or credited to an ac10 count of an ADS–B equipage bank established under 

11 this section may be commingled with Federal funds 

12 contributed or credited to any other account of such 

13 bank. 

14 (2) AUTHORIZATION.—There are authorized to 

15 be appropriated to the Secretary $25,000,000 for 

16 each of fiscal years 2010 through 2014. 

17 (c) FORMS OF ASSISTANCE FROM ADS–B EQUIPAGE

18 BANKS.—An ADS–B equipage bank established under 

19 this section may make loans or provide other assistance 

20 to a public entity in an amount equal to all or part of 

21 the cost of carrying out a project eligible for assistance 

22 under this section. The amount of any loan or other assist23 ance provided for such project may be subordinated to any 

24 other debt financing for the project. 
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1 (d) QUALIFYING PROJECTS.—Federal funds in the 

2 ADS–B equipage account of an ADS–B equipage bank es3 tablished under this section may be used only to provide 

4 assistance with respect to aircraft ADS–B and related avi5 onics equipage. 

6 (e) REQUIREMENTS.—In order to establish an ADS– 

7 B equipage bank under this section, each State estab8 lishing such a bank shall— 

9 (1) contribute, at a minimum, in each account 

10 of the bank from non-Federal sources an amount 

11 equal to 50 percent of the amount of each capitaliza12 tion grant made to the State and contributed to the 

13 bank; 

14 (2) ensure that the bank maintains on a con15 tinuing basis an investment grade rating on its debt 

16 issuances or has a sufficient level of bond or debt fi17 nancing instrument insurance to maintain the viabil18 ity of the bank; 

19 (3) ensure that investment income generated by 

20 funds contributed to an account of the bank will 

21 be— 

22 (A) credited to the account; 

23 (B) available for use in providing loans 

24 and other assistance to projects eligible for as25 sistance from the account; and 
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1 (C) invested in United States Treasury se2 curities, bank deposits, or such other financing 

3 instruments as the Secretary may approve to 

4 earn interest to enhance the leveraging of 

5 projects assisted by the bank; 

6 (4) ensure that any loan from the bank will 

7 bear interest at or below market interest rates, as 

8 determined by the State, to make the project that is 

9 the subject of the loan feasible; 

10 (5) ensure that the term for repaying any loan 

11 will not exceed 10 years after the date of the first 

12 payment on the loan; and 

13 (6) require the bank to make an annual report 

14 to the Secretary on its status no later than Sep15 tember 30 of each year for which funds are made 

16 available under this section, and to make such other 

17 reports as the Secretary may require by guidelines. 

18 SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC 

19 RECOMMENDATIONS. 

20 (a) IN GENERAL.—As soon as practicable after the 

21 date of enactment of this Act, but no later than 1 year 

22 after that date, the Administrator of the Federal Aviation 

23 Administration shall— 

24 (1) provide the Los Angeles International Air 

25 Traffic Control Tower facility, the Southern Cali-
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1 fornia Terminal Radar Approach Control facility, 

2 and the Northern California Terminal Radar Ap3 proach Control facility a sufficient number of con4 tract instructors, classroom space (including off-site 

5 locations as needed), and simulators for a surge in 

6 the number of new air traffic controllers at those fa7 cilities; 

8 (2) to the greatest extent practicable, distribute 

9 the placement of new trainee air traffic controllers 

10 at those facilities evenly across the calendar year in 

11 order to avoid training bottlenecks; 

12 (3) commission an independent analysis, in con13 sultation with the Administration and the exclusive 

14 bargaining representative of air traffic controllers 

15 certified under section 7111 of title 5, United States 

16 Code, of overtime scheduling practices at those fa17 cilities; and 

18 (4) to the greatest extent practicable, provide 

19 priority to certified professional controllers-in-train20 ing when filling staffing vacancies at those facilities. 

21 (b) STAFFING ANALYSES AND REPORTS.—For the 

22 purposes of— 

23 (1) the Federal Aviation Administration’s an24 nual controller workforce plan, 
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1 (2) the Administration’s facility-by-facility au2 thorized staffing ranges, and 

3 (3) any report of air traffic controller staffing 

4 levels submitted to the Congress, 

5 the Administrator may not consider an individual to be 

6 an air traffic controller unless that individual is a certified 

7 professional controller. 

8 SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER 

9 SKIES PROJECT. 

10 (a) INITIAL REPORT.—Not later than 180 days after 

11 the date of the enactment of this Act, the Administrator 

12 shall submit to Congress a report on the strategy of the 

13 Administrator for implementing, on an accelerated basis, 

14 the NextGen operational capabilities produced by the 

15 Greener Skies project, as recommended in the final report 

16 of the RTCA NextGen Mid-Term Implementation Task 

17 Force that was issued on September 9, 2009. 

18 (b) SUBSEQUENT REPORTS.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the Administrator submits to Congress the re21 port required by subsection (a) and not less fre22 quently than once every 180 days thereafter until 

23 September 30, 2011, the Administrator shall submit 

24 to the Committee on Commerce, Science, and Trans25 portation of the Senate and to the Committee on 
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1 Transportation and Infrastructure of the House of 

2 Representatives a report on the progress of the Ad3 ministrator in carrying out the strategy described in 

4 the report submitted under subsection (a). 

5 (2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include the following: 

7 (A) A timeline for full implementation of 

8 the strategy described in the report submitted 

9 under subsection (a). 

10 (B) A description of the progress made in 

11 carrying out such strategy. 

12 (C) A description of the challenges, if any, 

13 encountered by the Administrator in carrying 

14 out such strategy. 

15 SEC. 327. DEFINITIONS. 

16 In this title: 

17 (1) ADMINISTRATION.—The term ‘‘Administra18 tion’’ means the Federal Aviation Administration. 

19 (2) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Federal 

21 Aviation Administration. 

22 (3) NEXTGEN.—The term ‘‘NextGen’’ means 

23 the Next Generation Air Transportation System. 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Transportation. 
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1 SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUI2 PAGE. 

3 (a) IN GENERAL.—The Administrator of the Federal 

4 Aviation Administration may enter into agreements to 

5 fund the costs of equipping aircraft with communications, 

6 surveillance, navigation, and other avionics to enable 

7 NextGen air traffic control capabilities. 

8 (b) FUNDING INSTRUMENT.—The Administrator 

9 may make grants or other instruments authorized under 

10 section 106(l)(6) of title 49, United States Code, to carry 

11 out subsection (a). 

12 TITLE IV—AIRLINE SERVICE 

13 AND SMALL COMMUNITY AIR 

14 SERVICE IMPROVEMENTS 

15 SUBTITLE A—CONSUMER PROTECTION 

16 SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT. 

17 (a) IN GENERAL.—Chapter 417 is amended by add18 ing at the end the following: 

19 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER 

20 SERVICE 

21 ‘‘§ 41781. Air carrier and airport contingency plans 

22 for long on-board tarmac delays 

23 ‘‘(a) DEFINITION OF TARMAC DELAY.—The term 

24 ‘tarmac delay’ means the holding of an aircraft on the 

25 ground before taking off or after landing with no oppor26 tunity for its passengers to deplane. 
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1 ‘‘(b) SUBMISSION OF AIR CARRIER AND AIRPORT

2 PLANS.—Not later than 60 days after the date of the en3 actment of the FAA Air Transportation Modernization 

4 and Safety Improvement Act, each air carrier and airport 

5 operator shall submit, in accordance with the requirements 

6 under this section, a proposed contingency plan to the Sec7 retary of Transportation for review and approval. 

8 ‘‘(c) MINIMUM STANDARDS.—The Secretary of 

9 Transportation shall establish minimum standards for ele10 ments in contingency plans required to be submitted under 

11 this section to ensure that such plans effectively address 

12 long on-board tarmac delays and provide for the health 

13 and safety of passengers and crew. 

14 ‘‘(d) AIR CARRIER PLANS.—The plan shall require 

15 each air carrier to implement at a minimum the following: 

16 ‘‘(1) PROVISION OF ESSENTIAL SERVICES.— 

17 Each air carrier shall provide for the essential needs 

18 of passengers on board an aircraft at an airport in 

19 any case in which the departure of a flight is de20 layed or disembarkation of passengers on an arriving 

21 flight that has landed is substantially delayed, in22 cluding— 

23 ‘‘(A) adequate food and potable water; 

24 ‘‘(B) adequate restroom facilities; 
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1 ‘‘(C) cabin ventilation and comfortable 

2 cabin temperatures; and 

3 ‘‘(D) access to necessary medical treat4 ment. 

5 ‘‘(2) RIGHT TO DEPLANE.— 

6 ‘‘(A) IN GENERAL.—Each air carrier shall 

7 submit a proposed contingency plan to the Sec8 retary of Transportation that identifies a clear 

9 time frame under which passengers would be 

10 permitted to deplane a delayed aircraft. After 

11 the Secretary has reviewed and approved the 

12 proposed plan, the air carrier shall make the 

13 plan available to the public. 

14 ‘‘(B) DELAYS.— 

15 ‘‘(i) IN GENERAL.—As part of the 

16 plan, except as provided under clause (iii), 

17 an air carrier shall provide passengers with 

18 the option of deplaning and returning to 

19 the terminal at which such deplaning could 

20 be safely completed, or deplaning at the 

21 terminal if— 

22 ‘‘(I) 3 hours have elapsed after 

23 passengers have boarded the aircraft, 

24 the aircraft doors are closed, and the 

25 aircraft has not departed; or 
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1 ‘‘(II) 3 hours have elapsed after 

2 the aircraft has landed and the pas3 sengers on the aircraft have been un4 able to deplane. 

5 ‘‘(ii) FREQUENCY.—The option de6 scribed in clause (i) shall be offered to pas7 sengers at a minimum not less often than 

8 once during each successive 3-hour period 

9 that the plane remains on the ground. 

10 ‘‘(iii) EXCEPTIONS.—This subpara11 graph shall not apply if— 

12 ‘‘(I) the pilot of such aircraft 

13 reasonably determines that the air14 craft will depart or be unloaded at the 

15 terminal not later than 30 minutes 

16 after the 3 hour delay; or 

17 ‘‘(II) the pilot of such aircraft 

18 reasonably determines that permitting 

19 a passenger to deplane would jeop20 ardize passenger safety or security. 

21 ‘‘(C) APPLICATION TO DIVERTED

22 FLIGHTS.—This section applies to aircraft with23 out regard to whether they have been diverted 

24 to an airport other than the original destina25 tion. 
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1 ‘‘(D) REPORTS.—Not later than 30 days 

2 after any flight experiences a tarmac delay last3 ing at least 3 hours, the air carrier responsible 

4 for such flight shall submit a written descrip5 tion of the incident and its resolution to the 

6 Aviation Consumer Protection Office of the De7 partment of Transportation. 

8 ‘‘(e) AIRPORT PLANS.—Each airport operator shall 

9 submit a proposed contingency plan under subsection (b) 

10 that contains a description of— 

11 ‘‘(1) how the airport operator will provide for 

12 the deplanement of passengers following a long 

13 tarmac delay; and 

14 ‘‘(2) how, to the maximum extent practicable, 

15 the airport operator will provide for the sharing of 

16 facilities and make gates available at the airport for 

17 use by aircraft experiencing such delays. 

18 ‘‘(f) UPDATES.—The Secretary shall require periodic 

19 reviews and updates of the plans as necessary. 

20 ‘‘(g) APPROVAL.— 

21 ‘‘(1) IN GENERAL.—Not later than 6 months 

22 after the date of the enactment of this section, the 

23 Secretary of Transportation shall— 

24 ‘‘(A) review the initial contingency plans 

25 submitted under subsection (b); and 
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1 ‘‘(B) approve plans that closely adhere to 

2 the standards described in subsections (d) or 

3 (e), whichever is applicable. 

4 ‘‘(2) UPDATES.—Not later than 60 days after 

5 the submission of an update under subsection (f) or 

6 an initial contingency plan by a new air carrier or 

7 airport, the Secretary shall— 

8 ‘‘(A) review the plan; and 

9 ‘‘(B) approve the plan if it closely adheres 

10 to the standards described in subsections (d) or 

11 (e), whichever is applicable. 

12 ‘‘(h) CIVIL PENALTIES.—The Secretary may assess 

13 a civil penalty under section 46301 against any air carrier 

14 or airport operator that does not submit, obtain approval 

15 of, or adhere to a contingency plan submitted under this 

16 section. 

17 ‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 

18 operator required to submit a contingency plan under this 

19 section shall ensure public access to an approved plan 

20 under this section by— 

21 ‘‘(1) including the plan on the Internet Web 

22 site of the carrier or airport; or 

23 ‘‘(2) disseminating the plan by other means, as 

24 determined by the Secretary. 
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1 ‘‘§ 41782. Air passenger complaints hotline and infor2 mation 

3 ‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE4 PHONE NUMBER.—The Secretary of Transportation shall 

5 establish a consumer complaints hotline telephone number 

6 for the use of air passengers. 

7 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify 

8 the public of the telephone number established under sub9 section (a). 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary to carry out this section, which sums shall re13 main available until expended.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents for chapter 417 is amended by adding at the end 

16 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’’. 

17 SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 

18 FLIGHT DELAY HISTORY. 

19 (a) IN GENERAL.—Section 41722 is amended by 

20 adding at the end the following: 

21 ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 

22 ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.— 

23 Each air carrier holding a certificate issued under 
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1 section 41102 that conducts scheduled passenger air 

2 transportation shall, on a monthly basis— 

3 ‘‘(A) publish and update on the Internet 

4 website of the air carrier a list of chronically 

5 delayed flights operated by such air carrier; and 

6 ‘‘(B) share such list with each entity that 

7 is authorized to book passenger air transpor8 tation for such air carrier for inclusion on the 

9 Internet website of such entity. 

10 ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR11 CHASING TICKETS.—For each individual who books 

12 passenger air transportation on the Internet website 

13 of an air carrier, or the Internet website of an entity 

14 that is authorized to book passenger air transpor15 tation for an air carrier, for any flight for which 

16 data is reported to the Department of Transpor17 tation under part 234 of title 14, Code of Federal 

18 Regulations, such air carrier or entity, as the case 

19 may be, shall prominently disclose to such indi20 vidual, before such individual makes such booking, 

21 the following: 

22 ‘‘(A) The on-time performance for the 

23 flight if the flight is a chronically delayed flight. 

24 ‘‘(B) The cancellation rate for the flight if 

25 the flight is a chronically canceled flight. 
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1 ‘‘(3) DEFINITIONS.—In this subsection: 

2 ‘‘(A) CHRONICALLY DELAYED FLIGHT.— 

3 The term ‘chronically delayed flight’ means a 

4 regularly scheduled flight that has failed to ar5 rive on time (as such term is defined in section 

6 234.2 of title 14, Code of Federal Regulations) 

7 at least 40 percent of the time during the most 

8 recent 3-month period for which data is avail9 able. 

10 ‘‘(B) CHRONICALLY CANCELED FLIGHT.— 

11 The term ‘chronically canceled flight’ means a 

12 regularly scheduled flight at least 30 percent of 

13 the departures of which have been canceled dur14 ing the most recent 3-month period for which 

15 data is available.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect 180 days after the date 

18 of enactment of this Act. 

19 SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COM20 PLAINT INVESTIGATIONS. 

21 (a) IN GENERAL.—Subject to the availability of ap22 propriations, the Secretary of Transportation shall inves23 tigate consumer complaints regarding— 

24 (1) flight cancellations; 
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1 (2) compliance with Federal regulations con2 cerning overbooking seats flights; 

3 (3) lost, damaged, or delayed baggage, and dif4 ficulties with related airline claims procedures; 

5 (4) problems in obtaining refunds for unused or 

6 lost tickets or fare adjustments; 

7 (5) incorrect or incomplete information about 

8 fares, discount fare conditions and availability, over9 charges, and fare increases; 

10 (6) the rights of passengers who hold frequent 

11 flier miles, or equivalent redeemable awards earned 

12 through customer-loyalty programs; and 

13 (7) deceptive or misleading advertising. 

14 (b) BUDGET NEEDS REPORT.—The Secretary shall 

15 provide, as an annex to its annual budget request, an esti16 mate of resources which would have been sufficient to in17 vestigate all such claims the Department of Transpor18 tation received in the previous fiscal year. The annex shall 

19 be transmitted to the Congress when the President sub20 mits the budget of the United States to the Congress 

21 under section 1105 of title 31, United States Code. 

22 SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

23 AVIATION CONSUMER PROTECTION. 

24 (a) IN GENERAL.—The Secretary of Transportation 

25 shall establish an advisory committee for aviation con-
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1 sumer protection to advise the Secretary in carrying out 

2 airline customer service improvements, including those re3 quired by subchapter IV of chapter 417 of title 49, United 

4 States Code. 

5 (b) MEMBERSHIP.—The Secretary shall appoint 

6 members of the advisory committee comprised of one rep7 resentative each of— 

8 (1) air carriers; 

9 (2) airport operators; 

10 (3) State or local governments who has exper11 tise in consumer protection matters; and 

12 (4) a nonprofit public interest group who has 

13 expertise in consumer protection matters. 

14 (c) VACANCIES.—A vacancy in the advisory com15 mittee shall be filled in the manner in which the original 

16 appointment was made. 

17 (d) TRAVEL EXPENSES.—Members of the advisory 

18 committee shall serve without pay but shall receive travel 

19 expenses, including per diem in lieu of subsistence, in ac20 cordance with subchapter I of chapter 57 of title 5, United 

21 States Code. 

22 (e) CHAIRPERSON.—The Secretary shall designate, 

23 from among the individuals appointed under subsection 

24 (b), an individual to serve as chairperson of the advisory 

25 committee. 
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1 (f) DUTIES.—The duties of the advisory committee 

2 shall include— 

3 (1) evaluating existing aviation consumer pro4 tection programs and providing recommendations for 

5 the improvement of such programs, if needed; and 

6 (2) providing recommendations to establish ad7 ditional aviation consumer protection programs, if 

8 needed. 

9 (g) REPORT.—Not later than February 1 of each of 

10 the first 2 calendar years beginning after the date of en11 actment of this Act, the Secretary shall transmit to Con12 gress a report containing— 

13 (1) the recommendations made by the advisory 

14 committee during the preceding calendar year; and 

15 (2) an explanation of how the Secretary has im16 plemented each recommendation and, for each rec17 ommendation not implemented, the Secretary’s rea18 son for not implementing the recommendation. 

19 SEC. 405. DISCLOSURE OF PASSENGER FEES. 

20 (a) IN GENERAL.—Within 180 days after the date 

21 of enactment of this Act, the Secretary of Transportation 

22 shall complete a rulemaking that requires each air carrier 

23 operating in the United States under part 121 of title 49, 

24 Code of Federal Regulations, to make available to the pub25 lic and to the Secretary a list of all passenger fees and 
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1 charges (other than airfare) that may be imposed by the 

2 air carrier, including fees for— 

3 (1) checked baggage or oversized or heavy bag4 gage; 

5 (2) meals, beverages, or other refreshments; 

6 (3) seats in exit rows, seats with additional 

7 space, or other preferred seats in any given class of 

8 travel; 

9 (4) purchasing tickets from an airline ticket 

10 agent or a travel agency; or 

11 (5) any other good, service, or amenity provided 

12 by the air carrier, as required by the Secretary. 

13 (b) PUBLICATION; UPDATES.—In order to ensure 

14 that the fee information required by subsection (a) is both 

15 current and widely available to the travelling public, the 

16 Secretary— 

17 (1) may require an air carrier to make such in18 formation on any public website maintained by an 

19 air carrier, to make such information available to 

20 travel agencies, and to notify passengers of the 

21 availability of such information when advertising air22 fares; and 

23 (2) shall require air carriers to update the in24 formation as necessary, but no less frequently than 

25 every 90 days unless there has been no increase in 
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1 the amount or type of fees shown in the most recent 

2 publication. 

3 SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING 

4 FLIGHTS FOR TICKETS SOLD FOR AIR TRANS5 PORTATION. 

6 Section 41712 is amended by adding at the end the 

7 following: 

8 ‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF

9 TICKETS FOR FLIGHTS.— 

10 ‘‘(1) IN GENERAL.—It shall be an unfair or de11 ceptive practice under subsection (a) for any ticket 

12 agent, air carrier, foreign air carrier, or other person 

13 offering to sell tickets for air transportation on a 

14 flight of an air carrier to not disclose, whether ver15 bally in oral communication or in writing in written 

16 or electronic communication, prior to the purchase 

17 of a ticket— 

18 ‘‘(A) the name (including any business or 

19 corporate name) of the air carrier providing the 

20 air transportation; and 

21 ‘‘(B) if the flight has more than one flight 

22 segment, the name of each air carrier providing 

23 the air transportation for each such flight seg24 ment. 
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1 ‘‘(2) INTERNET OFFERS.—In the case of an 

2 offer to sell tickets described in paragraph (1) on an 

3 Internet Web site, disclosure of the information re4 quired by paragraph (1) shall be provided on the 

5 first display of the Web site following a search of a 

6 requested itinerary in a format that is easily visible 

7 to a viewer.’’. 

8 SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT 

9 TO THE SALE OF AIRLINE TICKETS. 

10 (a) IN GENERAL.—The Office of Aviation Consumer 

11 Protection and Enforcement of the Department of Trans12 portation shall establish rules to ensure that all consumers 

13 are able to easily and fairly compare airfares and charges 

14 paid when purchasing tickets for air transportation, in15 cluding all taxes and fees. 

16 (b) NOTICE OF TAXES AND FEES APPLICABLE TO

17 TICKETS FOR AIR TRANSPORTATION.—Section 41712, as 

18 amended by this Act, is further amended by adding at the 

19 end the following: 

20 ‘‘(d) NOTICE OF TAXES AND FEES APPLICABLE TO

21 TICKETS FOR AIR TRANSPORTATION.— 

22 ‘‘(1) IN GENERAL.—It shall be an unfair or de23 ceptive practice under subsection (a) for an air car24 rier, foreign air carrier, or ticket agent to sell a tick25 et for air transportation on the Internet unless the 
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1 air carrier, foreign air carrier, or ticket agent, as the 

2 case may be— 

3 ‘‘(A) displays information with respect to 

4 the taxes and fees described in paragraph (2), 

5 including the amount and a description of each 

6 such tax or fee, in reasonable proximity to the 

7 price listed for the ticket; and 

8 ‘‘(B) provides to the purchaser of the tick9 et information with respect to the taxes and 

10 fees described in paragraph (2), including the 

11 amount and a description of each such tax or 

12 fee, before requiring the purchaser to provide 

13 any personal information, including the name, 

14 address, phone number, e-mail address, or cred15 it card information of the purchaser. 

16 ‘‘(2) TAXES AND FEES DESCRIBED.—The taxes 

17 and fees described in this paragraph are all taxes, 

18 fees, and charges applicable to a ticket for air trans19 portation, consisting of— 

20 ‘‘(A) all taxes, fees, charges, and sur21 charges included in the price paid by a pur22 chaser for the ticket, including fuel surcharges 

23 and surcharges relating to peak or holiday trav24 el; and 
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1 ‘‘(B) any fees for baggage, seating assign2 ments; and 

3 ‘‘(C) operational services that are charged 

4 when the ticket is purchased.’’. 

5 (c) REGULATIONS.—The Secretary of Transpor6 tation, in consultation with the Administrator of the Fed7 eral Aviation Administration, shall prescribe such regula8 tions as may be necessary to carry out subsection (d) of 

9 section 41712 of title 49, United States Code, as added 

10 by subsection (b) of this section. 

11 SEC. 408. DISCLOSURE OF SEAT DIMENSIONS TO FACILI12 TATE THE USE OF CHILD SAFETY SEATS ON 

13 AIRCRAFT. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Administrator of the Federal Avia16 tion Administration shall prescribe regulations requiring 

17 each air carrier operating under part 121 of title 14, Code 

18 of Federal Regulations, to post on the website of the air 

19 carrier the maximum dimensions of a child safety seat 

20 that can be used on each aircraft operated by the air car21 rier to enable passengers to determine which child safety 

22 seats can be used on those aircraft. 
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1 SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL 

2 COMMUNITIES 

3 SEC. 411. EAS CONNECTIVITY PROGRAM. 

4 Section 406(a) of the Vision 100—Century of Avia5 tion Reauthorization Act (49 U.S.C. 40101 note) is 

6 amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

7 SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING 

8 MILEAGE ADJUSTMENT ELIGIBILITY. 

9 Section 409(d) of the Vision 100—Century of Avia10 tion Reauthorization Act (49 U.S.C. 41731 note) is 

11 amended by striking ‘‘September 30, 2010.’’ and inserting 

12 ‘‘September 30, 2013.’’. 

13 SEC. 413. EAS CONTRACT GUIDELINES. 

14 Section 41737(a)(1) is amended— 

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

16 subparagraph (B); 

17 (2) by striking ‘‘provided.’’ in subparagraph (C) 

18 and inserting ‘‘provided;’’; and 

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

20 ‘‘(D) include provisions under which the Sec21 retary may encourage carriers to improve air service 

22 to small and rural communities by incorporating fi23 nancial incentives in essential air service contracts 

24 based on specified performance goals; and 
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1 ‘‘(E) include provisions under which the Sec2 retary may execute long-term essential air service 

3 contracts to encourage carriers to provide air service 

4 to small and rural communities where it would be in 

5 the public interest to do so.’’. 

6 SEC. 414. CONVERSION OF FORMER EAS AIRPORTS. 

7 (a) IN GENERAL.—Section 41745 is amended to read 

8 as follows: 

9 ‘‘§ 41745. Conversion of lost eligibility airports 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

11 program to provide general aviation conversion funding for 

12 airports serving eligible places that the Secretary has de13 termined no longer qualify for a subsidy. 

14 ‘‘(b) GRANTS.—A grant under this section— 

15 ‘‘(1) may not exceed twice the compensation 

16 paid to provide essential air service to the airport in 

17 the fiscal year preceeding the fiscal year in which 

18 the Secretary determines that the place served by 

19 the airport is no longer an eligible place; and 

20 ‘‘(2) may be used— 

21 ‘‘(A) for airport development (as defined in 

22 section 47102(3)) that will enhance general 

23 aviation capacity at the airport; 

24 ‘‘(B) to defray operating expenses, if such 

25 use is approved by the Secretary; or 
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1 ‘‘(C) to develop innovative air service op2 tions, such as on-demand or air taxi operations, 

3 if such use is approved by the Secretary. 

4 ‘‘(c) AIP REQUIREMENTS.—An airport sponsor that 

5 uses funds provided under this section for an airport de6 velopment project shall comply with the requirements of 

7 subchapter I of chapter 471 applicable to airport develop8 ment projects funded under that subchapter with respect 

9 to the project funded under this section. 

10 ‘‘(d) LIMITATION.—The sponsor of an airport receiv11 ing funding under this section is not eligible for funding 

12 under section 41736.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 417 is amended by striking the item relating 

15 to section 41745 and inserting the following: 

‘‘417454. Conversion of lost eligibility airports.’’. 

16 SEC. 415. EAS REFORM. 

17 Section 41742(a) is amended— 

18 (1) by adding at the end of paragraph (1) ‘‘Any 

19 amount in excess of $50,000,000 credited for any 

20 fiscal year to the account established under section 

21 45303(c) shall be obligated for programs under sec22 tion 406 of the Vision 100—Century of Aviation Re23 authorization Act (49 U.S.C. 40101 note) and sec24 tion 41745 of this title. Amounts appropriated pur-
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1 suant to this section shall remain available until ex2 pended.’’; and 

3 (2) by striking ‘‘$77,000,000’’ in paragraph (2) 

4 and inserting ‘‘$150,000,000’’. 

5 SEC. 416. SMALL COMMUNITY AIR SERVICE. 

6 (a) PRIORITIES.—Section 41743(c)(5) is amended— 

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

8 subparagraph (D); 

9 (2) by striking ‘‘fashion.’’ in subparagraph (E) 

10 and inserting ‘‘fashion; and’’; and 

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

12 ‘‘(F) multiple communities cooperate to 

13 submit a region or multistate application to im14 prove air service.’’. 

15 (b) EXTENSION OF AUTHORIZATION.—Section 

16 41743(e)(2) is amended— 

17 (1) by striking ‘‘is appropriated’’ and inserting 

18 ‘‘are appropriated’’; and 

19 (2) by striking ‘‘2009’’ and inserting ‘‘2011’’. 

20 SEC. 417. EAS MARKETING. 

21 The Secretary of Transportation shall require all ap22 plications to provide service under subchapter II of chap23 ter 417 of title 49, United States Code, include a mar24 keting plan. 
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1 SEC. 418. RURAL AVIATION IMPROVEMENT. 

2 (a) COMMUNITIES ABOVE PER PASSENGER SUBSIDY

3 CAP.— 

4 (1) IN GENERAL.—Subchapter II of chapter 

5 417 is amended by adding at the end the following: 

6 ‘‘§ 41749. Essential air service for eligible places 

7 above per passenger subsidy cap 

8 ‘‘(a) PROPOSALS.—A State or local government may 

9 submit a proposal to the Secretary of Transportation for 

10 compensation for an air carrier to provide air transpor11 tation to a place described in subsection (b). 

12 ‘‘(b) PLACE DESCRIBED.—A place described in this 

13 subsection is a place— 

14 ‘‘(1) that is otherwise an eligible place; and 

15 ‘‘(2) for which the per passenger subsidy ex16 ceeds the dollar amount allowable under this sub17 chapter. 

18 ‘‘(c) DECISIONS.—Not later than 90 days after re19 ceiving a proposal under subsection (a) for compensation 

20 for an air carrier to provide air transportation to a place 

21 described in subsection (b), the Secretary shall— 

22 ‘‘(1) decide whether to provide compensation 

23 for the air carrier to provide air transportation to 

24 the place; and 
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1 ‘‘(2) approve the proposal if the State or local 

2 government or a person is willing and able to pay 

3 the difference between— 

4 ‘‘(A) the per passenger subsidy; and 

5 ‘‘(B) the dollar amount allowable for such 

6 subsidy under this subchapter. 

7 ‘‘(d) COMPENSATION PAYMENTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall pay 

9 compensation under this section at such time and in 

10 such manner as the Secretary determines is appro11 priate. 

12 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

13 shall continue to pay compensation under this sec14 tion only as long as— 

15 ‘‘(A) the State or local government or per16 son agreeing to pay compensation under sub17 section (c)(2) continues to pay such compensa18 tion; and 

19 ‘‘(B) the Secretary decides the compensa20 tion is necessary to maintain air transportation 

21 to the place. 

22 ‘‘(e) REVIEW.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall peri24 odically review the type and level of air service pro25 vided under this section. 
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1 ‘‘(2) CONSULTATION.—The Secretary may 

2 make appropriate adjustments in the type and level 

3 of air service to a place under this section based on 

4 the review under paragraph (1) and consultation 

5 with the affected community and the State or local 

6 government or person agreeing to pay compensation 

7 under subsection (c)(2). 

8 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

9 TRANSPORTATION.—An air carrier providing air transpor10 tation to a place under this section may end, suspend, or 

11 reduce such air transportation if, not later than 30 days 

12 before ending, suspending, or reducing such air transpor13 tation, the air carrier provides notice of the intent of the 

14 air carrier to end, suspend, or reduce such air transpor15 tation to— 

16 ‘‘(1) the Secretary; 

17 ‘‘(2) the affected community; and 

18 ‘‘(3) the State or local government or person 

19 agreeing to pay compensation under subsection 

20 (c)(2).’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents for chapter 417 is amended by adding after 

23 the item relating to section 41748 the following new 

24 item: 

‘‘41749. Essential air service for eligible places above per passenger subsidy 

cap’’. 
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1 (b) PREFERRED ESSENTIAL AIR SERVICE.— 

2 (1) IN GENERAL.—Subchapter II of chapter 

3 417, as amended by subsection (a), is further 

4 amended by adding after section 41749 the fol5 lowing: 

6 ‘‘§ 41750. Preferred essential air service 

7 ‘‘(a) PROPOSALS.—A State or local government may 

8 submit a proposal to the Secretary of Transportation for 

9 compensation for a preferred air carrier described in sub10 section (b) to provide air transportation to an eligible 

11 place. 

12 ‘‘(b) PREFERRED AIR CARRIER DESCRIBED.—A pre13 ferred air carrier described in this subsection is an air car14 rier that— 

15 ‘‘(1) submits an application under section 

16 41733(c) to provide air transportation to an eligible 

17 place; 

18 ‘‘(2) is not the air carrier that submits the low19 est cost bid to provide air transportation to the eligi20 ble place; and 

21 ‘‘(3) is an air carrier that the affected commu22 nity prefers to provide air transportation to the eligi23 ble place instead of the air carrier that submits the 

24 lowest cost bid. 
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1 ‘‘(c) DECISIONS.—Not later than 90 days after re2 ceiving a proposal under subsection (a) for compensation 

3 for a preferred air carrier described in subsection (b) to 

4 provide air transportation to an eligible place, the Sec5 retary shall— 

6 ‘‘(1) decide whether to provide compensation 

7 for the preferred air carrier to provide air transpor8 tation to the eligible place; and 

9 ‘‘(2) approve the proposal if the State or local 

10 government or a person is willing and able to pay 

11 the difference between— 

12 ‘‘(A) the rate of compensation the Sec13 retary would provide to the air carrier that sub14 mits the lowest cost bid to provide air transpor15 tation to the eligible place; and 

16 ‘‘(B) the rate of compensation the pre17 ferred air carrier estimates to be necessary to 

18 provide air transportation to the eligible place. 

19 ‘‘(d) COMPENSATION PAYMENTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall pay 

21 compensation under this section at such time and in 

22 such manner as the Secretary determines is appro23 priate. 
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1 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

2 shall continue to pay compensation under this sec3 tion only as long as— 

4 ‘‘(A) the State or local government or per5 son agreeing to pay compensation under sub6 section (c)(2) continues to pay such compensa7 tion; and 

8 ‘‘(B) the Secretary decides the compensa9 tion is necessary to maintain air transportation 

10 to the eligible place. 

11 ‘‘(e) REVIEW.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall peri13 odically review the type and level of air service pro14 vided under this section. 

15 ‘‘(2) CONSULTATION.—The Secretary may 

16 make appropriate adjustments in the type and level 

17 of air service to an eligible place under this section 

18 based on the review under paragraph (1) and con19 sultation with the affected community and the State 

20 or local government or person agreeing to pay com21 pensation under subsection (c)(2). 

22 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

23 TRANSPORTATION.—A preferred air carrier providing air 

24 transportation to an eligible place under this section may 

25 end, suspend, or reduce such air transportation if, not 
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1 later than 30 days before ending, suspending, or reducing 

2 such air transportation, the preferred air carrier provides 

3 notice of the intent of the preferred air carrier to end, 

4 suspend, or reduce such air transportation to— 

5 ‘‘(1) the Secretary; 

6 ‘‘(2) the affected community; and 

7 ‘‘(3) the State or local government or person 

8 agreeing to pay compensation under subsection 

9 (c)(2).’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents for chapter 417, as amended by subsection (a), 

12 is further amended by adding after the item relating 

13 to section 41749 the following new item: 

‘‘41750. Preferred essential air service’’. 

14 (c) RESTORATION OF ELIGIBILITY TO A PLACE DE15 TERMINED BY THE SECRETARY TO BE INELIGIBLE FOR

16 SUBSIDIZED ESSENTIAL AIR SERVICE.—Section 41733 is 

17 amended by adding at the end the following: 

18 ‘‘(f) RESTORATION OF ELIGIBILITY FOR SUBSIDIZED

19 ESSENTIAL AIR SERVICE.— 

20 ‘‘(1) IN GENERAL.—If the Secretary of Trans21 portation terminates the eligibility of an otherwise 

22 eligible place to receive basic essential air service by 

23 an air carrier for compensation under subsection (c), 

24 a State or local government may submit to the Sec25 retary a proposal for restoring such eligibility. 
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1 ‘‘(2) DETERMINATION BY SECRETARY.—If the 

2 per passenger subsidy required by the proposal sub3 mitted by a State or local government under para4 graph (1) does not exceed the per passenger subsidy 

5 cap provided under this subchapter, the Secretary 

6 shall issue an order restoring the eligibility of the 

7 otherwise eligible place to receive basic essential air 

8 service by an air carrier for compensation under 

9 subsection (c).’’. 

10 (d) OFFICE OF RURAL AVIATION.— 

11 (1) ESTABLISHMENT.—There is established 

12 within the Office of the Secretary of Transportation 

13 the Office of Rural Aviation. 

14 (e) FUNCTIONS.—The functions of the Office are— 

15 (1) to develop a uniform 4-year contract for air 

16 carriers providing essential air service to commu17 nities under subchapter II of chapter 417 of title 49, 

18 United States Code; 

19 (2) to develop a mechanism for comparing ap20 plications submitted by air carriers under section 

21 41733(c) to provide essential air service to commu22 nities, including comparing— 

23 (A) estimates from air carriers on— 

24 (i) the cost of providing essential air 

25 service; and 
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1 (ii) the revenues air carriers expect to 

2 receive when providing essential air service; 

3 and 

4 (B) estimated schedules for air transpor5 tation; and 

6 (3) to select an air carrier from among air car7 riers applying to provide essential air service, based 

8 on the criteria described in paragraph (2). 

9 (f) EXTENSION OF AUTHORITY TO MAKE AGREE10 MENTS UNDER THE ESSENTIAL AIR SERVICE PRO11 GRAM.—Section 41743(e)(2) is amended by striking 

12 ‘‘2009’’ and inserting ‘‘2011’’. 

13 (g) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI14 CANTLY INCREASED COSTS.—Section 41737 is amended 

15 by adding at the end thereof the following: 

16 ‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any amount 

17 provided as an adjustment in compensation pursuant to 

18 subsection (a)(1)(D) shall be disregarded for the purpose 

19 of determining whether the amount of compensation pro20 vided under this subchapter with respect to an eligible 

21 place exceeds the per passenger subsidy exceeds the dollar 

22 amount allowable under this subchapter.’’. 
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1 SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR2 TICIPATION PROGRAM. 

3 (a) IN GENERAL.—Subchapter II of chapter 417 of 

4 title 49, United States Code, is amended by striking sec5 tion 41747, and such title 49 shall be applied as if such 

6 section 41747 had not been enacted. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 417 of title 49, United States Code, is amend9 ed by striking the item relating to section 41747. 

10 SEC. 420. LIMITATION ON ESSENTIAL AIR SERVICE TO LO11 CATIONS THAT ARE 90 OR MORE MILES AWAY 

12 FROM THE NEAREST MEDIUM OR LARGE HUB 

13 AIRPORT. 

14 (a) IN GENERAL.—Section 41731(a)(1) is amend15 ed— 

16 (1) in subparagraph (A), by redesignating 

17 clauses (i) through (iii) as subclauses (I) through 

18 (III), respectively; 

19 (2) by redesignating subparagraphs (A) and 

20 (B) as clauses (i) and (ii), respectively; 

21 (3) in clause (i)(I), as redesignated, by insert22 ing ‘‘(A)’’ before ‘‘(i)(I)’’; 

23 (4) in subparagraph (A)(ii), as redesignated, by 

24 striking the period at the end and inserting ‘‘; and’’; 

25 and 

26 (5) by adding at the end the following: 
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1 ‘‘(B) is located not less than 90 miles from 

2 the nearest medium or large hub airport.’’. 

3 (6) The Secretary may waive the requirements 

4 of this subsection as a result of geographic charac5 teristics resulting in undue difficulty accessing the 

6 nearest medium or large hub airport. 

7 (b) EXCEPTIONS FOR LOCATIONS IN ALASKA.—Sec8 tion 41731 is amended by adding at the end the following: 

9 ‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA.—Sub10 section (a)(1)(B) shall not apply with respect to locations 

11 in the State of Alaska.’’. 

12 SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LO13 CATIONS THAT AVERAGE 10 OR MORE 

14 ENPLANEMENTS PER DAY. 

15 (a) IN GENERAL.—Section 41731(a)(1) is amend16 ed— 

17 (1) in subparagraph (A), by redesignating 

18 clauses (i) through (iii) as subclauses (I) through 

19 (III), respectively; 

20 (2) by redesignating subparagraphs (A) and 

21 (B) as clauses (i) and (ii), respectively; 

22 (3) in clause (i)(I), as redesignated, by insert23 ing ‘‘(A)’’ before ‘‘(i)(I)’’; 
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1 (4) in subparagraph (A)(ii), as redesignated, by 

2 striking the period at the end and inserting ‘‘; and’’; 

3 and 

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

5 ‘‘(B) had an average of 10 enplanements 

6 per day or more in the most recent calendar 

7 year for which enplanement data is available to 

8 the Administrator.’’. 

9 (b) EXCEPTIONS FOR LOCATIONS IN ALASKA.—Sec10 tion 41731 is amended by adding at the end the following: 

11 ‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA.—Sub12 section (a)(1)(B) shall not apply with respect to locations 

13 in the State of Alaska.’’. 

14 (c) WAIVERS.—Such section is further amended by 

15 adding at the end the following: 

16 ‘‘(d) WAIVERS.—The Administrator may waive sub17 section (a)(1)(B) with respect to a location if the Adminis18 trator determines that the reason the location averages 

19 fewer than 10 enplanements per day is not because of in20 herent issues with the location.’’. 

21 SUBTITLE C—MISCELLANEOUS 

22 SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

23 (a) IN GENERAL.—Section 47129 is amended— 

24 (1) by striking the section heading and insert25 ing the following: 
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1 ‘‘§ 47129. Resolution of airport-air carrier and foreign 

2 air carrier disputes concerning airport 

3 fees’’ ; 

4 (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

5 after ‘‘CARRIER’’ in the heading for subsection (d); 

6 (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

7 after ‘‘CARRIER’’ in the heading for subsection 

8 (d)(2); 

9 (4) by striking ‘‘air carrier’’ each place it ap10 pears and inserting ‘‘air carrier or foreign air car11 rier’’; 

12 (5) by striking ‘‘air carrier’s’’ each place it ap13 pears and inserting ‘‘air carrier’s or foreign air car14 rier’s’’; 

15 (6) by striking ‘‘air carriers’’ and inserting ‘‘air 

16 carriers or foreign air carriers’’; and 

17 (7) by striking ‘‘(as defined in section 40102 of 

18 this title)’’ in subsection (a) and inserting ‘‘(as those 

19 terms are defined in section 40102 of this title)’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for chapter 471 is amended by striking the item re22 lating to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees’’. 
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1 SEC. 432. CONTRACT TOWER PROGRAM. 

2 (a) COST-BENEFIT REQUIREMENT.—Section 

3 47124(b)(1) is amended— 

4 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

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

6 ‘‘(B) If the Secretary determines that a tower already 

7 operating under this program has a benefit to cost ratio 

8 of less than 1.0, the airport sponsor or State or local gov9 ernment having jurisdiction over the airport shall not be 

10 required to pay the portion of the costs that exceeds the 

11 benefit for a period of 18 months after such determination 

12 is made. 

13 ‘‘(C) If the Secretary finds that all or part of an 

14 amount made available to carry out the program contin15 ued under this paragraph is not required during a fiscal 

16 year, the Secretary may use during such fiscal year the 

17 amount not so required to carry out the program estab18 lished under paragraph (3) of this section.’’. 

19 (b) COSTS EXCEEDING BENEFITS.—Subparagraph 

20 (D) of section 47124(b)(3) is amended— 

21 (1) by striking ‘‘benefit.’’ and inserting ‘‘ben22 efit, with the maximum allowable local cost share 

23 capped at 20 percent.’’. 

24 (c) FUNDING.—Subparagraph (E) of section 

25 47124(b)(3) is amended— 

26 (1) by striking ‘‘and’’ after ‘‘2006,’’; and 
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1 (2) by striking ‘‘2007’’ and inserting ‘‘2007, 

2 $9,500,000 for fiscal year 2010, and $10,000,000 

3 for fiscal year 2011’’ after ‘‘2007,’’; and 

4 (3) by inserting after ‘‘paragraph.’’ the fol5 lowing: ‘‘If the Secretary finds that all or part of an 

6 amount made available under this subparagraph is 

7 not required during a fiscal year to carry out this 

8 paragraph, the Secretary may use during such fiscal 

9 year the amount not so required to carry out the 

10 program continued under subsection (b)(1) of this 

11 section.’’. 

12 (d) FEDERAL SHARE.—Subparagraph (C) of section 

13 47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in14 serting ‘‘$2,000,000.’’. 

15 (e) SAFETY AUDITS.—Section 41724 is amended by 

16 adding at the end the following: 

17 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

18 uniform standards and requirements for safety assess19 ments of air traffic control towers that receive funding 

20 under this section in accordance with the Administration’s 

21 safety management system.’’. 

22 SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED 

23 FORCES. 

24 (a) FINDINGS.—The Congress finds that— 
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1 (1) the Armed Forces is comprised of approxi2 mately 1,450,000 members who are stationed on ac3 tive duty at more than 6,000 military bases in 146 

4 different countries; 

5 (2) the United States is indebted to the mem6 bers of the Armed Forces, many of whom are in 

7 grave danger due to their engagement in, or expo8 sure to, combat; 

9 (3) military service, especially in the current 

10 war against terrorism, often requires members of the 

11 Armed Forces to be separated from their families on 

12 short notice, for long periods of time, and under 

13 very stressful conditions; 

14 (4) the unique demands of military service often 

15 preclude members of the Armed Forces from pur16 chasing discounted advance airline tickets in order 

17 to visit their loved ones at home; and 

18 (5) it is the patriotic duty of the people of the 

19 United States to support the members of the Armed 

20 Forces who are defending the Nation’s interests 

21 around the world at great personal sacrifice. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that each United States air carrier should— 

24 (1) establish for all members of the Armed 

25 Forces on active duty reduced air fares that are 
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1 comparable to the lowest airfare for ticketed flights; 

2 and 

3 (2) offer flexible terms that allow members of 

4 the Armed Forces on active duty to purchase, mod5 ify, or cancel tickets without time restrictions, fees 

6 (including baggage fees), ancillary costs, or pen7 alties. 

8 SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN 

9 THE LAS VEGAS MCCARRAN INTERNATIONAL 

10 AIRPORT ENVIRONS OVERLAY DISTRICT FOR 

11 TRANSIENT LODGING AND ASSOCIATED FA12 CILITIES. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law and except as provided in subsection (b), Clark 

15 County, Nevada, is authorized to permit transient lodging, 

16 including hotels, and associated facilities, including en17 closed auditoriums, concert halls, sports arenas, and 

18 places of public assembly, on lands in the Las Vegas 

19 McCarran International Airport Environs Overlay District 

20 that fall below the forecasted 2017 65 dB day-night an21 nual average noise level (DNL), as identified in the Noise 

22 Exposure Map Notice published by the Federal Aviation 

23 Administration in the Federal Register on July 24, 2007 

24 (72 Fed. Reg. 40357), and adopted into the Clark County 

25 Development Code in June 2008. 
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1 (b) LIMITATION.—No structure may be permitted 

2 under subsection (a) that would constitute a hazard to air 

3 navigation, result in an increase to minimum flight alti4 tudes, or otherwise pose a significant adverse impact on 

5 airport or aircraft operations. 

6 TITLE V—SAFETY 

7 SUBTITLE A—AVIATION SAFETY 

8 SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. 

9 Not later than December 31, 2009, the Administrator 

10 of the Federal Aviation Administration shall issue a plan 

11 to develop an installation and deployment schedule for sys12 tems the Administration is installing to alert controllers 

13 and flight crews to potential runway incursions. The plan 

14 shall be integrated into the annual Federal Aviation Ad15 ministration NextGen Implementation Plan. 

16 SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER17 TIFICATES. 

18 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec19 tion 44703(d) is amended by adding at the end the fol20 lowing: 

21 ‘‘(3) JUDICIAL REVIEW.—A person substantially af22 fected by an order of the Board under this subsection, or 

23 the Administrator when the Administrator decides that an 

24 order of the Board will have a significant adverse impact 

25 on carrying out this part, may obtain judicial review of 
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1 the order under section 46110 of this title. The Adminis2 trator shall be made a party to the judicial review pro3 ceedings. The findings of fact of the Board in any such 

4 case are conclusive if supported by substantial evidence.’’. 

5 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

6 amended by striking ‘‘section 44709 or’’ and inserting 

7 ‘‘section 44703(d), 44709, or’’. 

8 SEC. 503. RELEASE OF DATA RELATING TO ABANDONED 

9 TYPE CERTIFICATES AND SUPPLEMENTAL 

10 TYPE CERTIFICATES. 

11 Section 44704(a) is amended by adding at the end 

12 the following: 

13 ‘‘(5) RELEASE OF DATA.— 

14 ‘‘(A) Notwithstanding any other provision of 

15 law, the Administrator may designate, without the 

16 consent of the owner of record, engineering data in 

17 the agency’s possession related to a type certificate 

18 or a supplemental type certificate for an aircraft, en19 gine, propeller or appliance as public data, and 

20 therefore releasable, upon request, to a person seek21 ing to maintain the airworthiness of such product, if 

22 the Administrator determines that— 

23 ‘‘(i) the certificate containing the requested 

24 data has been inactive for 3 years; 
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1 ‘‘(ii) the owner of record, or the owner of 

2 record’s heir, of the type certificate or supple3 mental certificate has not been located despite 

4 a search of due diligence by the agency; and 

5 ‘‘(iii) the designation of such data as pub6 lic data will enhance aviation safety. 

7 ‘‘(B) In this section, the term ‘engineering 

8 data’ means type design drawings and specifications 

9 for the entire product or change to the product, in10 cluding the original design data, and any associated 

11 supplier data for individual parts or components ap12 proved as part of the particular aeronautical product 

13 certificate.’’. 

14 SEC. 504. DESIGN ORGANIZATION CERTIFICATES. 

15 Section 44704(e) is amended— 

16 (1) by striking ‘‘Beginning 7 years after the 

17 date of enactment of this subsection,’’ in paragraph 

18 (1) and inserting ‘‘Effective January 1, 2013,’’; 

19 (2) by striking ‘‘testing’’ in paragraph (2) and 

20 inserting ‘‘production’’; and 

21 (3) by striking paragraph (3) and inserting the 

22 following: 

23 ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE24 SIGN ORGANIZATION CERTIFICATION.—The Adminis-
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1 trator may rely on the Design Organization for cer2 tification of compliance under this section.’’. 

3 SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 

4 DATABASE SYSTEMS. 

5 (a) IN GENERAL.—Chapter 401 is amended by add6 ing at the end thereof the following: 

7 ‘‘§ 40130. FAA access to criminal history records or 

8 databases systems 

9 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS10 TEMS.— 

11 ‘‘(1) Notwithstanding section 534 of title 28 

12 and the implementing regulations for such section 

13 (28 C.F.R. part 20), the Administrator of the Fed14 eral Aviation Administration is authorized to access 

15 a system of documented criminal justice information 

16 maintained by the Department of Justice or by a 

17 State but may do so only for the purpose of carrying 

18 out its civil and administrative responsibilities to 

19 protect the safety and security of the National Air20 space System or to support the missions of the De21 partment of Justice, the Department of Homeland 

22 Security, and other law enforcement agencies. The 

23 Administrator shall be subject to the same condi24 tions or procedures established by the Department 

25 of Justice or State for access to such an information 
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1 system by other governmental agencies with access 

2 to the system. 

3 ‘‘(2) The Administrator may not use the access 

4 authorized under paragraph (1) to conduct criminal 

5 investigations. 

6 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

7 shall, by order, designate those employees of the Adminis8 tration who shall carry out the authority described in sub9 section (a). Such designated employees may— 

10 ‘‘(1) have access to and receive criminal history, 

11 driver, vehicle, and other law enforcement informa12 tion contained in the law enforcement databases of 

13 the Department of Justice, or of any jurisdiction in 

14 a State in the same manner as a police officer em15 ployed by a State or local authority of that State 

16 who is certified or commissioned under the laws of 

17 that State; 

18 ‘‘(2) use any radio, data link, or warning sys19 tem of the Federal Government and of any jurisdic20 tion in a State that provides information about 

21 wanted persons, be-on-the-lookout notices, or war22 rant status or other officer safety information to 

23 which a police officer employed by a State or local 

24 authority in that State who is certified or commis-
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1 sion under the laws of that State has access and in 

2 the same manner as such police officer; or 

3 ‘‘(3) receive Federal, State, or local government 

4 communications with a police officer employed by a 

5 State or local authority in that State in the same 

6 manner as a police officer employed by a State or 

7 local authority in that State who is commissioned 

8 under the laws of that State. 

9 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE

10 INFORMATION DEFINED.—In this section the term ‘sys11 tem of documented criminal justice information’ means 

12 any law enforcement databases, systems, or communica13 tions containing information concerning identification, 

14 criminal history, arrests, convictions, arrest warrants, or 

15 wanted or missing persons, including the National Crime 

16 Information Center and its incorporated criminal history 

17 databases and the National Law Enforcement Tele18 communications System.’’. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for chapter 401 is amended by inserting after the 

21 item relating to section 40129 the following: 

‘‘40130. FAA access to criminal history records or databases systems’’. 

22 SEC. 506. PILOT FATIGUE. 

23 (a) FLIGHT AND DUTY TIME REGULATIONS.— 

24 (1) IN GENERAL.—In accordance with para25 graph (2), the Administrator of the Federal Aviation 
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1 Administration shall issue regulations, based on the 

2 best available scientific information— 

3 (A) to specify limitations on the hours of 

4 flight and duty time allowed for pilots to ad5 dress problems relating to pilot fatigue; and 

6 (B) to require part 121 air carriers to de7 velop and implement fatigue risk management 

8 plans. 

9 (2) DEADLINES.—The Administrator shall 

10 issue— 

11 (A) not later than 180 days after the date 

12 of enactment of this Act, a notice of proposed 

13 rulemaking under paragraph (1); and 

14 (B) not later than one year after the date 

15 of enactment of this Act, a final rule under 

16 paragraph (1). 

17 (b) FATIGUE RISK MANAGEMENT PLAN.— 

18 (1) SUBMISSION OF FATIGUE RISK MANAGE19 MENT PLAN BY PART 121 AIR CARRIERS.—Not later 

20 than 90 days after the date of enactment of this 

21 Act, each part 121 air carrier shall submit to the 

22 Administrator for review and approval a fatigue risk 

23 management plan. 
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1 (2) CONTENTS OF PLAN.—A fatigue risk man2 agement plan submitted by a part 121 air carrier 

3 under paragraph (1) shall include the following: 

4 (A) Current flight time and duty period 

5 limitations. 

6 (B) A rest scheme that enables the man7 agement of fatigue, including annual training to 

8 increase awareness of— 

9 (i) fatigue; 

10 (ii) the effects of fatigue on pilots; 

11 and 

12 (iii) fatigue countermeasures. 

13 (C) Development and use of a methodology 

14 that continually assesses the effectiveness of the 

15 program, including the ability of the program— 

16 (i) to improve alertness; and 

17 (ii) to mitigate performance errors. 

18 (3) PLAN UPDATES.—A part 121 air carrier 

19 shall update its fatigue risk management plan under 

20 paragraph (1) every 2 years and submit the update 

21 to the Administrator for review and approval. 

22 (4) APPROVAL.— 

23 (A) INITIAL APPROVAL OR MODIFICA24 TION.—Not later than 9 months after the date 

25 of enactment of this Act, the Administrator 
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1 shall review and approve or require modification 

2 to fatigue risk management plans submitted 

3 under this subsection to ensure that pilots are 

4 not operating aircraft while fatigued. 

5 (B) UPDATE APPROVAL OR MODIFICA6 TION.—Not later than 9 months after submis7 sion of a plan update under paragraph (3), the 

8 Administrator shall review and approve or re9 quire modification to such update. 

10 (5) CIVIL PENALTIES.—A violation of this sub11 section by a part 121 air carrier shall be treated as 

12 a violation of chapter 447 of title 49, United States 

13 Code, for purposes of the application of civil pen14 alties under chapter 463 of that title. 

15 (6) LIMITATION ON APPLICABILITY.—The re16 quirements of this subsection shall cease to apply to 

17 a part 121 air carrier on and after the effective date 

18 of the regulations to be issued under subsection (a). 

19 (c) EFFECT OF COMMUTING ON FATIGUE.— 

20 (1) IN GENERAL.—Not later than 60 days after 

21 the date of enactment of this Act, the Administrator 

22 shall enter into appropriate arrangements with the 

23 National Academy of Sciences to conduct a study of 

24 the effects of commuting on pilot fatigue and report 

25 its findings to the Administrator. 
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1 (2) STUDY.—In conducting the study, the Na2 tional Academy of Sciences shall consider— 

3 (A) the prevalence of pilot commuting in 

4 the commercial air carrier industry, including 

5 the number and percentage of pilots who com6 mute; 

7 (B) information relating to commuting by 

8 pilots, including distances traveled, time zones 

9 crossed, time spent, and methods used; 

10 (C) research on the impact of commuting 

11 on pilot fatigue, sleep, and circadian rhythms; 

12 (D) commuting policies of commercial air 

13 carriers (including passenger and all-cargo air 

14 carriers), including pilot check-in requirements 

15 and sick leave and fatigue policies; 

16 (E) post-conference materials from the 

17 Federal Aviation Administration’s June 2008 

18 symposium entitled ‘‘Aviation Fatigue Manage19 ment Symposium: Partnerships for Solutions’’; 

20 (F) Federal Aviation Administration and 

21 international policies and guidance regarding 

22 commuting; and 

23 (G) any other matters as the Adminis24 trator considers appropriate. 
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1 (3) PRELIMINARY FINDINGS.—Not later than 

2 90 days after the date of entering into arrangements 

3 under paragraph (1), the National Academy of 

4 Sciences shall submit to the Administrator its pre5 liminary findings under the study. 

6 (4) REPORT.—Not later than 6 months after 

7 the date of entering into arrangements under para8 graph (1), the National Academy of Sciences shall 

9 submit a report to the Administrator containing its 

10 findings under the study and any recommendations 

11 for regulatory or administrative actions by the Fed12 eral Aviation Administration concerning commuting 

13 by pilots. 

14 (5) RULEMAKING.—Following receipt of the re15 port of the National Academy of Sciences under 

16 paragraph (4), the Administrator shall— 

17 (A) consider the findings and recommenda18 tions in the report; and 

19 (B) update, as appropriate based on sci20 entific data, regulations required by subsection 

21 (a) on flight and duty time. 

22 SEC. 507. INCREASING SAFETY FOR HELICOPTER AND 

23 FIXED WING EMERGENCY MEDICAL SERVICE 

24 OPERATORS AND PATIENTS. 

25 (a) COMPLIANCE REGULATIONS.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), not later than 18 months after the date 

3 of enactment of this Act, helicopter and fixed wing 

4 aircraft certificate holders providing emergency med5 ical services shall comply with part 135 of title 14, 

6 Code of Federal Regulations, if there is a medical 

7 crew on board, without regard to whether there are 

8 patients on board. 

9 (2) EXCEPTION.—If a certificate holder de10 scribed in paragraph (1) is operating under instru11 ment flight rules or is carrying out training there12 for— 

13 (A) the weather minimums and duty and 

14 rest time regulations under such part 135 of 

15 such title shall apply; and 

16 (B) the weather reporting requirement at 

17 the destination shall not apply until such time 

18 as the Administrator of the Federal Aviation 

19 Administration determines that portable, reli20 able, and accurate ground-based weather meas21 uring and reporting systems are available. 

22 (b) IMPLEMENTATION OF FLIGHT RISK EVALUATION

23 PROGRAM.— 

24 (1) INITIATION.—Not later than 60 days after 

25 the date of enactment of this Act, the Administrator 
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1 of the Federal Aviation Administration shall initiate 

2 a rulemaking— 

3 (A) to create a standardized checklist of 

4 risk evaluation factors based on Notice 

5 8000.301, which was issued by the Administra6 tion on August 1, 2005; and 

7 (B) to require helicopter and fixed wing 

8 aircraft emergency medical service operators to 

9 use the checklist created under subparagraph 

10 (A) to determine whether a mission should be 

11 accepted. 

12 (2) COMPLETION.—The rulemaking initiated 

13 under paragraph (1) shall be completed not later 

14 than 18 months after it is initiated. 

15 (c) COMPREHENSIVE CONSISTENT FLIGHT DIS16 PATCH PROCEDURES.— 

17 (1) INITIATION.—Not later than 60 days after 

18 the date of enactment of this Act, the Administrator 

19 of the Federal Aviation Administration shall initiate 

20 a rulemaking— 

21 (A) to require that helicopter and fixed 

22 wing emergency medical service operators for23 malize and implement performance based flight 

24 dispatch and flight-following procedures; and 
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1 (B) to develop a method to assess and en2 sure that such operators comply with the re3 quirements described in subparagraph (A). 

4 (2) COMPLETION.—The rulemaking initiated 

5 under paragraph (1) shall be completed not later 

6 than 18 months after it is initiated. 

7 (d) IMPROVING SITUATIONAL AWARENESS.—Within 

8 1 year after the date of enactment of this Act, any heli9 copter or fixed-wing aircraft used for emergency medical 

10 service shall have on board a device that performs the 

11 function of a terrain awareness and warning system and 

12 a means of displaying that information that meets the re13 quirements of the applicable Federal Aviation Administra14 tion Technical Standard Order or other guidance pre15 scribed by the Administrator. 

16 (e) IMPROVING THE DATA AVAILABLE ON AIR MED17 ICAL OPERATIONS.— 

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

19 Federal Aviation Administration shall require each 

20 certificate holder for helicopters and fixed-wing air21 craft used for emergency medical service operations 

22 to report not later than 1 year after the date of en23 actment of this Act and annually thereafter on— 

24 (A) the number of aircraft and helicopters 

25 used to provide air ambulance services, the reg-
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1 istration number of each of these aircraft or 

2 helicopters, and the base location of each of 

3 these aircraft or helicopters; 

4 (B) the number of flights and hours flown 

5 by each such aircraft or helicopter used by the 

6 certificate holder to provide such services dur7 ing the reporting period; 

8 (C) the number of flights and the purpose 

9 of each flight for each aircraft or helicopter 

10 used by the certificate holder to provide such 

11 services during the reporting period; 

12 (D) the number of flight requests for a 

13 helicopter providing helicopter air ambulance 

14 services that were accepted or declined by the 

15 certificate holder and the type of each such 

16 flight request (such as scene response, inter-fa17 cility transport, organ transport, or ferry or 

18 repositioning flight); 

19 (E) the number of accidents involving heli20 copters operated by the certificate holder while 

21 providing helicopter air ambulance services and 

22 a description of the accidents; 

23 (F) the number of flights and hours flown 

24 under instrument flight rules by helicopters op-
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1 erated by the certificate holder while providing 

2 helicopter air ambulance services; 

3 (G) the time of day of each flight flown by 

4 helicopters operated by the certificate holder 

5 while providing helicopter air ambulance serv6 ices; and 

7 (H) The number of incidents where more 

8 helicopters arrive to transport patients than is 

9 needed in a flight request or scene response. 

10 (2) REPORT TO CONGRESS.—The Adminis11 trator of the Federal Aviation Administration shall 

12 report to Congress on the information received pur13 suant to paragraph (1) of this subsection no later 

14 than 18 months after the date of enactment of this 

15 Act. 

16 (f) IMPROVING THE DATA AVAILABLE TO NTSB IN17 VESTIGATORS AT CRASH SITES.— 

18 (1) STUDY.—Not later than 120 days after the 

19 date of enactment of this Act, the Administrator of 

20 the Federal Aviation Administration shall issue a re21 port that indicates the availability, survivability, size, 

22 weight, and cost of devices that perform the function 

23 of recording voice communications and flight data 

24 information on existing and new helicopters and ex-
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1 isting and new fixed wing aircraft used for emer2 gency medical service operations. 

3 (2) RULEMAKING.—Not later than 1 year after 

4 the date of enactment of this Act, the Administrator 

5 of the Federal Aviation Administration shall issue 

6 regulations that require devices that perform the 

7 function of recording voice communications and 

8 flight data information on board aircraft described 

9 in paragraph (1). 

10 SEC. 508. CABIN CREW COMMUNICATION. 

11 (a) IN GENERAL.—Section 44728 is amended— 

12 (1) by redesignating subsection (f) as sub13 section (g); and 

14 (2) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f) MINIMUM LANGUAGE SKILLS.— 

17 ‘‘(1) IN GENERAL.—No certificate holder may 

18 use any person to serve, nor may any person serve, 

19 as a flight attendant under this part, unless that 

20 person has demonstrated to an individual qualified 

21 to determine proficiency the ability to read, speak, 

22 and write English well enough to— 

23 ‘‘(A) read material written in English and 

24 comprehend the information; 
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1 ‘‘(B) speak and understand English suffi2 ciently to provide direction to, and understand 

3 and answer questions from, English-speaking 

4 individuals; 

5 ‘‘(C) write incident reports and statements 

6 and log entries and statements; and 

7 ‘‘(D) carry out written and oral instruc8 tions regarding the proper performance of their 

9 duties. 

10 ‘‘(2) FOREIGN FLIGHTS.—The requirements of 

11 paragraph (1) do not apply to service as a flight at12 tendant serving solely between points outside the 

13 United States.’’. 

14 (b) ADMINISTRATION.—The Administrator of the 

15 Federal Aviation Administration shall work with certifi16 cate holders to which section 44728(f) of title 49, United 

17 States Code, applies to facilitate compliance with the re18 quirements of section 44728(f)(1) of that title. 

19 SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDER20 STANDING WITH OSHA. 

21 (a) IN GENERAL.—Within 6 months after the date 

22 of enactment of this Act, the Administrator of the Federal 

23 Aviation Administration shall— 

24 (1) establish milestones, in consultation with 

25 the Occupational Safety and Health Administration, 
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1 through a report to Congress for the completion of 

2 work begun under the August 2000 memorandum of 

3 understanding between the 2 Administrations and to 

4 address issues needing further action in the Admin5 istrations’ joint report in December 2000; and 

6 (2) initiate development of a policy statement to 

7 set forth the circumstances in which Occupational 

8 Safety and Health Administration requirements may 

9 be applied to crewmembers while working in the air10 craft. 

11 (b) POLICY STATEMENT.—The policy statement to be 

12 developed under subsection (a)(2) shall be completed with13 in 18 months after the date of enactment of this Act and 

14 shall satisfy the following principles: 

15 (1) The establishment of a coordinating body 

16 similar to the Aviation Safety and Health Joint 

17 Team established by the August 2000 memorandum 

18 of understanding that includes representatives des19 ignated by both Administrations— 

20 (A) to examine the applicability of current 

21 and future Occupational Safety and Health Ad22 ministration regulations; 

23 (B) to recommend policies for facilitating 

24 the training of Federal Aviation Administration 

25 inspectors; and 
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1 (C) to make recommendations that will 

2 govern the inspection and enforcement of safety 

3 and health standards on board aircraft in oper4 ation and all work-related environments. 

5 (2) Any standards adopted by the Federal Avia6 tion Administration shall set forth clearly— 

7 (A) the circumstances under which an em8 ployer is required to take action to address oc9 cupational safety and health hazards; 

10 (B) the measures required of an employer 

11 under the standard; and 

12 (C) the compliance obligations of an em13 ployer under the standard. 

14 SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLE15 MENTATION OF REQUIRED NAVIGATION PER16 FORMANCE APPROACH PROCEDURES. 

17 (a) IN GENERAL.— 

18 (1) ANNUAL MINIMUM REQUIRED NAVIGATION

19 PERFORMANCE PROCEDURES.—The Administrator 

20 shall set a target of achieving a minimum of 200 

21 Required Navigation Performance procedures each 

22 fiscal year through fiscal year 2012, with 25 percent 

23 of that target number meeting the low visibility ap24 proach criteria consistent with the NextGen Imple25 mentation Plan. 
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1 (2) USE OF THIRD PARTIES.—The Adminis2 trator is authorized to provide third parties the abil3 ity to design, flight check, and implement Required 

4 Navigation Performance approach procedures. 

5 (b) DOT INSPECTOR GENERAL REVIEW OF OPER6 ATIONAL AND APPROACH PROCEDURES BY A THIRD

7 PARTY.— 

8 (1) REVIEW.—The Inspector General of the De9 partment of Transportation shall conduct a review 

10 regarding the effectiveness of the oversight activities 

11 conducted by the Administration in connection with 

12 any agreement with or delegation of authority to a 

13 third party for the development of flight procedures, 

14 including public use procedures, for the National 

15 Airspace System. 

16 (2) ASSESSMENTS.—The Inspector General 

17 shall include, at a minimum, in the review— 

18 (A) an assessment of the extent to which 

19 the Administration is relying or intends to rely 

20 on a third party for the development of new 

21 procedures and a determination of whether the 

22 Administration has established sufficient mech23 anisms and staffing to provide safety oversight 

24 functions, which may include quality assurance 

25 processes, flight checks, integration of proce-
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1 dures into the National Aviation System, and 

2 operational assessments of procedures developed 

3 by third parties; and 

4 (B) an assessment regarding whether the 

5 Administration has sufficient existing personnel 

6 and technical resources or mechanisms to de7 velop such flight procedures in a safe and effi8 cient manner to meet the demands of the Na9 tional Airspace System without the use of third 

10 party resources. 

11 (c) REPORT.—No later than 1 year after the date of 

12 enactment of this Act, the Inspector General shall submit 

13 to the Senate Committee on Commerce, Science, and 

14 Transportation and the House of Representatives Com15 mittee on Transportation and Infrastructure a report on 

16 the results of the review conducted under this section. 

17 SEC. 511. IMPROVED SAFETY INFORMATION. 

18 Not later than December 31, 2009, the Administrator 

19 of the Federal Aviation Administration shall issue a final 

20 rule in docket No. FAA–2008–0188, Re-registration and 

21 Renewal of Aircraft Registration. The final rule shall in22 clude— 

23 (1) provision for the expiration of a certificate 

24 for an aircraft registered as of the date of enactment 
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1 of this Act, with re-registration requirements for 

2 those aircraft that remain eligible for registration; 

3 (2) provision for the periodic expiration of all 

4 certificates issued after the effective date of the rule 

5 with a registration renewal process; and 

6 (3) other measures to promote the accuracy and 

7 efficient operation and value of the Administration’s 

8 aircraft registry. 

9 SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 

10 IMPROVEMENTS. 

11 (a) IN GENERAL.—Within 180 days after the date 

12 of enactment of this Act, the Administrator of the Federal 

13 Aviation Administration shall— 

14 (1) take such action as may be necessary to en15 sure that the Voluntary Disclosure Reporting Proc16 ess requires inspectors— 

17 (A) to evaluate corrective action proposed 

18 by an air carrier with respect to a matter dis19 closed by that air carrier is sufficiently com20 prehensive in scope and application and applies 

21 to all affected aircraft operated by that air car22 rier before accepting the proposed voluntary 

23 disclosure; 
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1 (B) to verify that corrective action so iden2 tified by an air carrier is completed within the 

3 timeframe proposed; and 

4 (C) to verify by inspection that the car5 rier’s corrective action adequately corrects the 

6 problem that was disclosed; and 

7 (2) establish a second level supervisory review 

8 of disclosures under the Voluntary Disclosure Re9 porting Process before any proposed disclosure is ac10 cepted and closed that will ensure that a matter dis11 closed by an air carrier— 

12 (A) has not been previously identified by a 

13 Federal Aviation Administration inspector; and 

14 (B) has not been previously disclosed by 

15 the carrier in the preceding 5 years. 

16 (b) GAO STUDY.— 

17 (1) IN GENERAL.—The Comptroller General 

18 shall conduct a study of the Voluntary Disclosure 

19 Reporting Program. 

20 (2) REVIEW.—In conducting the study, the 

21 Comptroller General shall examine, at a minimum, 

22 whether— 

23 (A) there is evidence that voluntary disclo24 sure is resulting in regulated entities discov25 ering and correcting violations to a greater ex-
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1 tent than would otherwise occur if there was no 

2 program for immunity from enforcement action; 

3 (B) the voluntary disclosure program 

4 makes the Federal Aviation Administration 

5 aware of violations that it would not have dis6 covered if there was not a program, and if a 

7 violation is disclosed voluntarily, whether the 

8 Administration insists on stronger corrective ac9 tions than would have occurred if the regulated 

10 entity knew of a violation, but the Administra11 tion did not; 

12 (C) the information the Administration 

13 gets under the program leads to fewer viola14 tions by other entities, either because the infor15 mation leads other entities to look for similar 

16 violations or because the information leads Ad17 ministration investigators to look for similar 

18 violations at other entities; and 

19 (D) there is any evidence that voluntary 

20 disclosure has improved compliance with regula21 tions, either for the entities making disclosures 

22 or for the industry generally. 

23 (3) REPORT.—Not later than one year after the 

24 date of enactment of this Act, the Comptroller Gen25 eral shall submit a report to the Senate Committee 
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1 on Commerce, Science, and Transportation and the 

2 House of Representatives Committee on Transpor3 tation and Infrastructure on the results of the study 

4 conducted under this subsection. 

5 SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPEC6 TIONS. 

7 (a) IN GENERAL.—Section 44711 is amended by 

8 adding at the end the following: 

9 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT

10 STANDARDS INSPECTORS.— 

11 ‘‘(1) PROHIBITION.—A person holding an oper12 ating certificate issued under title 14, Code of Fed13 eral Regulations, may not knowingly employ, or 

14 make a contractual arrangement which permits, an 

15 individual to act as an agent or representative of the 

16 certificate holder in any matter before the Federal 

17 Aviation Administration if the individual, in the pre18 ceding 3-year period— 

19 ‘‘(A) served as, or was responsible for over20 sight of, a flight standards inspector of the Ad21 ministration; and 

22 ‘‘(B) had responsibility to inspect, or over23 see inspection of, the operations of the certifi24 cate holder. 
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1 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

2 For purposes of paragraph (1), an individual shall 

3 be considered to be acting as an agent or representa4 tive of a certificate holder in a matter before the 

5 Federal Aviation Administration if the individual 

6 makes any written or oral communication on behalf 

7 of the certificate holder to the Administration (or 

8 any of its officers or employees) in connection with 

9 a particular matter, whether or not involving a spe10 cific party and without regard to whether the indi11 vidual has participated in, or had responsibility for, 

12 the particular matter while serving as a flight stand13 ards inspector of the Administration.’’. 

14 (b) APPLICABILITY.—The amendment made by sub15 section (a) shall not apply to an individual employed by 

16 a certificate holder as of the date of enactment of this 

17 Act. 

18 SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES. 

19 Within 30 days after the date of enactment of this 

20 Act, the Comptroller General shall initiate a review and 

21 investigation of air safety issues identified by Federal 

22 Aviation Administration employees and reported to the 

23 Administrator. The Comptroller General shall report the 

24 Government Accountability Office’s findings and rec25 ommendations to the Administrator, the Senate Com-
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1 mittee on Commerce, Science, and Transportation, and 

2 the House of Representatives Committee on Transpor3 tation and Infrastructure on an annual basis. 

4 SEC. 515. NATIONAL REVIEW TEAM. 

5 (a) IN GENERAL.—Within 180 days after the date 

6 of enactment of this Act, the Administrator of the Federal 

7 Aviation Administration shall establish a national review 

8 team within the Administration to conduct periodic, unan9 nounced, and random reviews of the Administration’s 

10 oversight of air carriers and report annually its findings 

11 and recommendations to the Administrator, the Senate 

12 Commerce, Science, and Transportation Committee, and 

13 the House of Representatives Committee on Transpor14 tation and Infrastructure. 

15 (b) LIMITATION.—The Administrator shall prohibit a 

16 member of the National Review Team from participating 

17 in any review or audit of an air carrier under subsection 

18 (a) if the member has previously had responsibility for in19 specting, or overseeing the inspection of, the operations 

20 of that air carrier. 

21 (c) INSPECTOR GENERAL REPORTS.—The Inspector 

22 General of the Department of Transportation shall provide 

23 progress reports to the Senate Committee on Commerce, 

24 Science, and Transportation and the House of Represent-
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1 atives Committee on Transportation and Infrastructure on 

2 the review teams and their effectiveness. 

3 SEC. 516. FAA ACADEMY IMPROVEMENTS. 

4 (a) REVIEW.—Within 1 year after the date of enact5 ment of this Act, the Administrator of the Federal Avia6 tion Administration shall conduct a comprehensive review 

7 and evaluation of its Academy and facility training efforts. 

8 (b) FACILITY TRAINING PROGRAM.—The Adminis9 trator shall— 

10 (1) clarify responsibility for oversight and direc11 tion of the Academy’s facility training program at 

12 the national level; 

13 (2) communicate information concerning that 

14 responsibility to facility managers; and 

15 (3) establish standards to identify the number 

16 of developmental controllers that can be accommo17 dated at each facility, based on— 

18 (A) the number of available on-the-job19 training instructors; 

20 (B) available classroom space; 

21 (C) the number of available simulators; 

22 (D) training requirements; and 

23 (E) the number of recently placed new per24 sonnel already in training. 
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1 SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPER2 ATIONAL ERRORS. 

3 (a) PLAN.—The Administrator of the Federal Avia4 tion Administration shall develop a plan for the reduction 

5 of runway incursions by reviewing every commercial serv6 ice airport (as defined in section 47102 of title 49, United 

7 States Code) in the United States and initiating action 

8 to improve airport lighting, provide better signage, and 

9 improve runway and taxiway markings. 

10 (b) PROCESS.—Within 1 year after the date of enact11 ment of this Act, the Administrator of the Federal Avia12 tion Administration shall develop a process for tracking 

13 and investigating operational errors and runway incur14 sions that includes— 

15 (1) identifying the office responsible for estab16 lishing regulations regarding operational errors and 

17 runway incursions; 

18 (2) identifying who is responsible for tracking 

19 and investigating operational errors and runway in20 cursions and taking remedial actions; 

21 (3) identifying who is responsible for tracking 

22 operational errors and runway incursions, including 

23 a process for lower level employees to report to high24 er supervisory levels; and 

25 (4) periodic random audits of the oversight 

26 process. 
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1 SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGA2 TION OFFICE. 

3 Section 106 is amended by adding at the end the fol4 lowing: 

5 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVES6 TIGATION OFFICE.— 

7 ‘‘(1) ESTABLISHMENT.—There is established in 

8 the Administration an Aviation Safety Whistleblower 

9 Investigation Office. 

10 ‘‘(2) DIRECTOR.— 

11 ‘‘(A) APPOINTMENT.—The head of the Of12 fice shall be the Director, who shall be ap13 pointed by the Secretary of Transportation. 

14 ‘‘(B) QUALIFICATIONS.—The Director 

15 shall have a demonstrated ability in investiga16 tions and knowledge of or experience in avia17 tion. 

18 ‘‘(C) TERM.—The Director shall be ap19 pointed for a term of 5 years. 

20 ‘‘(D) VACANCY.—Any individual appointed 

21 to fill a vacancy in the position of the Director 

22 occurring before the expiration of the term for 

23 which the individual’s predecessor was ap24 pointed shall be appointed for the remainder of 

25 that term. 

26 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 
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1 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di2 rector shall— 

3 ‘‘(i) receive complaints and informa4 tion submitted by employees of persons 

5 holding certificates issued under title 14, 

6 Code of Federal Regulations, and employ7 ees of the Administration concerning the 

8 possible existence of an activity relating to 

9 a violation of an order, regulation, or 

10 standard of the Administration or any 

11 other provision of Federal law relating to 

12 aviation safety; 

13 ‘‘(ii) assess complaints and informa14 tion submitted under clause (i) and deter15 mine whether a substantial likelihood ex16 ists that a violation of an order, regulation, 

17 or standard of the Administration or any 

18 other provision of Federal law relating to 

19 aviation safety may have occurred; and 

20 ‘‘(iii) based on findings of the assess21 ment conducted under clause (ii), make 

22 recommendations to the Administrator in 

23 writing for further investigation or correc24 tive actions. 
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1 ‘‘(B) DISCLOSURE OF IDENTITIES.—The 

2 Director shall not disclose the identity of an in3 dividual who submits a complaint or informa4 tion under subparagraph (A)(i) unless— 

5 ‘‘(i) the individual consents to the dis6 closure in writing; or 

7 ‘‘(ii) the Director determines, in the 

8 course of an investigation, that the disclo9 sure is unavoidable. 

10 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

11 Secretary, the Administrator, or any officer or 

12 employee of the Administration may not pre13 vent or prohibit the Director from initiating, 

14 carrying out, or completing any assessment of 

15 a complaint or information submitted subpara16 graph (A)(i) or from reporting to Congress on 

17 any such assessment. 

18 ‘‘(D) ACCESS TO INFORMATION.—In con19 ducting an assessment of a complaint or infor20 mation submitted under subparagraph (A)(i), 

21 the Director shall have access to all records, re22 ports, audits, reviews, documents, papers, rec23 ommendations, and other material necessary to 

24 determine whether a substantial likelihood ex25 ists that a violation of an order, regulation, or 
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1 standard of the Administration or any other 

2 provision of Federal law relating to aviation 

3 safety may have occurred. 

4 ‘‘(4) RESPONSES TO RECOMMENDA5 TIONS.—The Administrator shall respond to a 

6 recommendation made by the Director under 

7 subparagraph (A)(iii) in writing and retain 

8 records related to any further investigations or 

9 corrective actions taken in response to the rec10 ommendation. 

11 ‘‘(5) INCIDENT REPORTS.—If the Director de12 termines there is a substantial likelihood that a vio13 lation of an order, regulation, or standard of the Ad14 ministration or any other provision of Federal law 

15 relating to aviation safety may have occurred that 

16 requires immediate corrective action, the Director 

17 shall report the potential violation expeditiously to 

18 the Administrator and the Inspector General of the 

19 Department of Transportation. 

20 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

21 INSPECTOR GENERAL.—If the Director has reason22 able grounds to believe that there has been a viola23 tion of Federal criminal law, the Director shall re24 port the violation expeditiously to the Inspector Gen25 eral. 
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1 ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not 

2 later than October 1 of each year, the Director shall 

3 submit to Congress a report containing— 

4 ‘‘(A) information on the number of submis5 sions of complaints and information received by 

6 the Director under paragraph (3)(A)(i) in the 

7 preceding 12-month period; 

8 ‘‘(B) summaries of those submissions; 

9 ‘‘(C) summaries of further investigations 

10 and corrective actions recommended in response 

11 to the submissions; and 

12 ‘‘(D) summaries of the responses of the 

13 Administrator to such recommendations.’’. 

14 SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIA15 TIVE. 

16 (a) MODIFICATION OF INITIATIVE.—Not later than 

17 90 days after the date of enactment of this Act, the Ad18 ministrator of the Federal Aviation Administration shall 

19 modify the customer service initiative, mission and vision 

20 statements, and other statements of policy of the Adminis21 tration— 

22 (1) to remove any reference to air carriers or 

23 other entities regulated by the Administration as 

24 ‘‘customers’’; 
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1 (2) to clarify that in regulating safety the only 

2 customers of the Administration are members of the 

3 traveling public; and 

4 (3) to clarify that air carriers and other entities 

5 regulated by the Administration do not have the 

6 right to select the employees of the Administration 

7 who will inspect their operations. 

8 (b) SAFETY PRIORITY.—In carrying out the Adminis9 trator’s responsibilities, the Administrator shall ensure 

10 that safety is given a higher priority than preventing the 

11 dissatisfaction of an air carrier or other entity regulated 

12 by the Administration with an employee of the Adminis13 tration. 

14 SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPOR15 TATION OVERSIGHT SYSTEM DATABASE. 

16 (a) REVIEWS.—The Administrator of the Federal 

17 Aviation Administration shall establish a process by which 

18 the air transportation oversight system database of the 

19 Administration is reviewed by a team of employees of the 

20 Agency on a monthly basis to ensure that— 

21 (1) any trends in regulatory compliance are 

22 identified; and 

23 (2) appropriate corrective actions are taken in 

24 accordance with Agency regulations, advisory direc25 tives, policies, and procedures. 
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1 (b) MONTHLY TEAM REPORTS.— 

2 (1) IN GENERAL.—The team of employees con3 ducting a monthly review of the air transportation 

4 oversight system database under subsection (a) shall 

5 submit to the Administrator, the Associate Adminis6 trator for Aviation Safety, and the Director of 

7 Flight Standards a report on the results of the re8 view. 

9 (2) CONTENTS.—A report submitted under 

10 paragraph (1) shall identify— 

11 (A) any trends in regulatory compliance 

12 discovered by the team of employees in con13 ducting the monthly review; and 

14 (B) any corrective actions taken or pro15 posed to be taken in response to the trends. 

16 (c) QUARTERLY REPORTS TO CONGRESS.—The Ad17 ministrator, on a quarterly basis, shall submit a report 

18 to the Senate Committee on Commerce, Science, and 

19 Transportation and the House of Representatives Com20 mittee on Transportation and Infrastructure on the re21 sults of reviews of the air transportation oversight system 

22 database conducted under this section, including copies of 

23 reports received under subsection (b). 
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1 SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS. 

2 (a) IN GENERAL.—Chapter 447 is amended by add3 ing at the end the following: 

4 ‘‘§ 44730. Inspection of foreign repair stations 

5 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

6 enactment of the FAA Air Transportation Modernization 

7 and Safety Improvement Act the Administrator of the 

8 Federal Aviation Administration shall establish and imple9 ment a safety assessment system for all part 145 repair 

10 stations based on the type, scope, and complexity of work 

11 being performed. The system shall— 

12 ‘‘(1) ensure that repair stations outside the 

13 United States are subject to appropriate inspections 

14 based on identified risk and consistent with existing 

15 United States requirements; 

16 ‘‘(2) consider inspection results and findings 

17 submitted by foreign civil aviation authorities oper18 ating under a maintenance safety or maintenance 

19 implementation agreement with the United States in 

20 meeting the requirements of the safety assessment 

21 system; and 

22 ‘‘(3) require all maintenance safety or mainte23 nance implementation agreements to provide an op24 portunity for the Federal Aviation Administration to 

25 conduct independent inspections of covered part 145 
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1 repair stations when safety concerns warrant such 

2 inspections. 

3 ‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The 

4 Administrator shall notify the Senate Committee on Com5 merce, Science, and Transportation and the House of Rep6 resentatives Committee on Transportation and Infrastruc7 ture within 30 days after initiating formal negotiations 

8 with foreign aviation authorities or other appropriate for9 eign government agencies on a new maintenance safety or 

10 maintenance implementation agreement. 

11 ‘‘(c) ANNUAL REPORT.—The Administrator shall 

12 publish an annual report on the Federal Aviation Adminis13 tration’s oversight of part 145 repair stations and imple14 mentation of the safety assessment system required by 

15 subsection (a). The report shall— 

16 ‘‘(1) describe in detail any improvements in the 

17 Federal Aviation Administration’s ability to identify 

18 and track where part 121 air carrier repair work is 

19 performed; 

20 ‘‘(2) include a staffing model to determine the 

21 best placement of inspectors and the number of in22 spectors needed; 

23 ‘‘(3) describe the training provided to inspec24 tors; and 
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1 ‘‘(4) include an assessment of the quality of 

2 monitoring and surveillance by the Federal Aviation 

3 Administration of work provided by its inspectors 

4 and the inspectors of foreign authorities operating 

5 under a maintenance safety or implementation 

6 agreement. 

7 ‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCE TEST8 ING PROGRAM REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—The Secretaries of State 

10 and Transportation jointly shall request the govern11 ments of foreign countries that are members of the 

12 International Civil Aviation Organization to establish 

13 international standards for alcohol and controlled 

14 substances testing of persons that perform safety 

15 sensitive maintenance functions upon commercial air 

16 carrier aircraft. 

17 ‘‘(2) APPLICATION TO PART 121 AIRCRAFT

18 WORK.—Within 1 year after the date of enactment 

19 of the FAA Air Transportation Modernization and 

20 Safety Improvement Act the Administrator shall 

21 promulgate a proposed rule requiring that all part 

22 145 repair station employees responsible for safety23 sensitive functions on part 121 air carrier aircraft 

24 are subject to an alcohol and controlled substance 

25 testing program determined acceptable by the Ad-
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1 ministrator and consistent with the applicable laws 

2 of the country in which the repair station is located. 

3 ‘‘(e) BIANNUAL INSPECTIONS.—The Administrator 

4 shall require part 145 repair stations to be inspected twice 

5 each year by Federal Aviation Administration safety in6 spectors, regardless of where the station is located, in a 

7 manner consistent with United States obligations under 

8 international agreements. 

9 ‘‘(f) DEFINITIONS.—In this section: 

10 ‘‘(1) PART 121 AIR CARRIER.—The term ‘part 

11 121 air carrier’ means an air carrier that holds a 

12 certificate issued under part 121 of title 14, Code of 

13 Federal Regulations. 

14 ‘‘(2) PART 145 REPAIR STATION.—The term 

15 ‘part 145 repair station’ means a repair station that 

16 holds a certificate issued under part 145 of title 14, 

17 Code of Federal Regulations.’’. 

18 (b) CONFORMING AMENDMENT.—The table of con19 tents for chapter 447 is amended by adding at the end 

20 thereof the following: 

‘‘44730. Inspection of foreign repair stations’’. 

21 SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS. 

22 (a) REGULATIONS.—Not later than 3 years after the 

23 date of enactment of this Act, the Administrator of the 

24 Federal Aviation Administration shall issue regulations re25 quiring that all covered maintenance work on aircraft used 
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1 to provide air transportation under part 121 of title 14, 

2 Code of Federal Regulations, be performed by individuals 

3 in accordance with subsection (b). 

4 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

5 WORK.—No individual may perform covered maintenance 

6 work on aircraft used to provide air transportation under 

7 part 121 of title 14, Code of Federal Regulations unless 

8 that individual is employed by— 

9 (1) a part 121 air carrier; 

10 (2) a part 145 repair station or a person au11 thorized under section 43.17 of title 14, Code of 

12 Federal Regulations; 

13 (3) a person that provides contract maintenance 

14 workers or services to a part 145 repair station or 

15 part 121 air carrier, and the individual— 

16 (A) meets the requirements of the part 

17 121 air carrier or the part 145 repair station; 

18 (B) performs the work under the direct su19 pervision and control of the part 121 air carrier 

20 or the part 145 repair station directly in charge 

21 of the maintenance services; and 

22 (C) carries out the work in accordance 

23 with the part 121 air carrier’s maintenance 

24 manual; 
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1 (4) by the holder of a type certificate, produc2 tion certificate, or other production approval issued 

3 under part 21 of title 14, Code of Federal Regula4 tions, and the holder of such certificate or ap5 proval— 

6 (A) originally produced, and continues to 

7 produce, the article upon which the work is to 

8 be performed; and 

9 (B) is acting in conjunction with a part 

10 121 air carrier or a part 145 repair station. 

11 (d) DEFINITIONS.—In this section: 

12 (1) COVERED MAINTENANCE WORK.—The term 

13 ‘‘covered maintenance work’’ means maintenance 

14 work that is essential maintenance, regularly sched15 uled maintenance, or a required inspection item, as 

16 determined by the Administrator. 

17 (2) PART 121 AIR CARRIER.—The term ‘‘part 

18 121 air carrier’’ has the meaning given that term in 

19 section 44730(f)(1) of title 49, United States Code. 

20 (3) PART 145 REPAIR STATION.—The term 

21 ‘‘part 145 repair station’’ has the meaning given 

22 that term in section 44730(f)(2) of title 49, United 

23 States Code. 
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1 SEC. 523. USE OF EXPLOSIVE PEST CONTROL DEVICES. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Administrator of the Federal Aviation Ad4 ministration shall submit to Congress a report that— 

5 (1) describes the use throughout the United 

6 States of explosive pest control devices in mitigating 

7 bird strikes in flight operations; 

8 (2) evaluates the utility, cost-effectiveness, and 

9 safety of using explosive pest control devices in wild10 life management; and 

11 (3) evaluates the potential impact on flight 

12 safety and operations if explosive pest control de13 vices were made unavailable or more costly during 

14 subsequent calendar years. 

15 SUBTITLE B—FLIGHT SAFETY 

16 SEC. 551. FAA PILOT RECORDS DATABASE. 

17 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI18 CANTS.—Section 44703(h) is amended by adding at the 

19 end the following: 

20 ‘‘(16) APPLICABILITY.—This subsection shall 

21 cease to be effective on the date specified in regula22 tions issued under subsection (i).’’. 

23 (b) ESTABLISHMENT OF FAA PILOT RECORDS

24 DATABASE.—Section 44703 is amended— 

25 (1) by redesignating subsections (i) and (j) as 

26 subsections (j) and (k), respectively; and 
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1 (2) by inserting after subsection (h) the fol2 lowing: 

3 ‘‘(i) FAA PILOT RECORDS DATABASE.— 

4 ‘‘(1) IN GENERAL.—Before allowing an indi5 vidual to begin service as a pilot, an air carrier shall 

6 access and evaluate, in accordance with the require7 ments of this subsection, information pertaining to 

8 the individual from the pilot records database estab9 lished under paragraph (2). 

10 ‘‘(2) PILOT RECORDS DATABASE.—The Admin11 istrator shall establish an electronic database (in this 

12 subsection referred to as the ‘database’) containing 

13 the following records: 

14 ‘‘(A) FAA RECORDS.—From the Adminis15 trator— 

16 ‘‘(i) records that are maintained by 

17 the Administrator concerning current air18 man certificates, including airman medical 

19 certificates and associated type ratings and 

20 information on any limitations to those 

21 certificates and ratings; 

22 ‘‘(ii) records that are maintained by 

23 the Administrator concerning any failed at24 tempt of an individual to pass a practical 

25 test required to obtain a certificate or type 
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1 rating under part 61 of title 14, Code of 

2 Federal Regulations; and 

3 ‘‘(iii) summaries of legal enforcement 

4 actions resulting in a finding by the Ad5 ministrator of a violation of this title or a 

6 regulation prescribed or order issued under 

7 this title that was not subsequently over8 turned. 

9 ‘‘(B) AIR CARRIER AND OTHER

10 RECORDS.—From any air carrier or other per11 son (except a branch of the Armed Forces, the 

12 National Guard, or a reserve component of the 

13 Armed Forces) that has employed an individual 

14 as a pilot of a civil or public aircraft, or from 

15 the trustee in bankruptcy for such air carrier or 

16 person— 

17 ‘‘(i) records pertaining to the indi18 vidual that are maintained by the air car19 rier (other than records relating to flight 

20 time, duty time, or rest time), including 

21 records under regulations set forth in— 

22 ‘‘(I) section 121.683 of title 14, 

23 Code of Federal Regulations; 

24 ‘‘(II) paragraph (A) of section 

25 VI, appendix I, part 121 of such title; 
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1 ‘‘(III) paragraph (A) of section 

2 IV, appendix J, part 121 of such title; 

3 ‘‘(IV) section 125.401 of such 

4 title; and 

5 ‘‘(V) section 135.63(a)(4) of such 

6 title; and 

7 ‘‘(ii) other records pertaining to the 

8 individual’s performance as a pilot that are 

9 maintained by the air carrier or person 

10 concerning— 

11 ‘‘(I) the training, qualifications, 

12 proficiency, or professional com13 petence of the individual, including 

14 comments and evaluations made by a 

15 check airman designated in accord16 ance with section 121.411, 125.295, 

17 or 135.337 of such title; 

18 ‘‘(II) any disciplinary action 

19 taken with respect to the individual 

20 that was not subsequently overturned; 

21 and 

22 ‘‘(III) any release from employ23 ment or resignation, termination, or 

24 disqualification with respect to em25 ployment. 
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1 ‘‘(C) NATIONAL DRIVER REGISTER

2 RECORDS.—In accordance with section 

3 30305(b)(8) of this title, from the chief driver 

4 licensing official of a State, information con5 cerning the motor vehicle driving record of the 

6 individual. 

7 ‘‘(3) WRITTEN CONSENT; RELEASE FROM LI8 ABILITY.—An air carrier— 

9 ‘‘(A) shall obtain the written consent of an 

10 individual before accessing records pertaining to 

11 the individual under paragraph (1); and 

12 ‘‘(B) may, notwithstanding any other pro13 vision of law or agreement to the contrary, re14 quire an individual with respect to whom the 

15 carrier is accessing records under paragraph (1) 

16 to execute a release from liability for any claim 

17 arising from accessing the records or the use of 

18 such records by the air carrier in accordance 

19 with this section (other than a claim arising 

20 from furnishing information known to be false 

21 and maintained in violation of a criminal stat22 ute). 

23 ‘‘(4) REPORTING.— 

24 ‘‘(A) REPORTING BY ADMINISTRATOR.— 

25 The Administrator shall enter data described in 
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1 paragraph (2)(A) into the database promptly to 

2 ensure that an individual’s records are current. 

3 ‘‘(B) REPORTING BY AIR CARRIERS AND

4 OTHER PERSONS.— 

5 ‘‘(i) IN GENERAL.—Air carriers and 

6 other persons shall report data described 

7 in paragraphs (2)(B) and (2)(C) to the 

8 Administrator promptly for entry into the 

9 database. 

10 ‘‘(ii) DATA TO BE REPORTED.—Air 

11 carriers and other persons shall report, at 

12 a minimum, under clause (i) the following 

13 data described in paragraph (2)(B): 

14 ‘‘(I) Records that are generated 

15 by the air carrier or other person 

16 after the date of enactment of the 

17 FAA Air Transportation Moderniza18 tion and Safety Improvement Act. 

19 ‘‘(II) Records that the air carrier 

20 or other person is maintaining, on 

21 such date of enactment, pursuant to 

22 subsection (h)(4). 

23 ‘‘(5) REQUIREMENT TO MAINTAIN RECORDS.— 

24 The Administrator— 
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1 ‘‘(A) shall maintain all records entered into 

2 the database under paragraph (2) pertaining to 

3 an individual until the date of receipt of notifi4 cation that the individual is deceased; and 

5 ‘‘(B) may remove the individual’s records 

6 from the database after that date. 

7 ‘‘(6) RECEIPT OF CONSENT.—The Adminis8 trator shall not permit an air carrier to access 

9 records pertaining to an individual from the data10 base under paragraph (1) without the air carrier 

11 first demonstrating to the satisfaction of the Admin12 istrator that the air carrier has obtained the written 

13 consent of the individual. 

14 ‘‘(7) RIGHT OF PILOT TO REVIEW CERTAIN

15 RECORDS AND CORRECT INACCURACIES.—Notwith16 standing any other provision of law or agreement, 

17 the Administrator, upon receipt of written request 

18 from an individual— 

19 ‘‘(A) shall make available, not later than 

20 30 days after the date of the request, to the in21 dividual for review all records referred to in 

22 paragraph (2) pertaining to the individual; and 

23 ‘‘(B) shall provide the individual with a 

24 reasonable opportunity to submit written com-
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1 ments to correct any inaccuracies contained in 

2 the records. 

3 ‘‘(8) REASONABLE CHARGES FOR PROCESSING

4 REQUESTS AND FURNISHING COPIES.—The Adminis5 trator may establish a reasonable charge for the cost 

6 of processing a request under paragraph (1) or (7) 

7 and for the cost of furnishing copies of requested 

8 records under paragraph (7). 

9 ‘‘(9) PRIVACY PROTECTIONS.— 

10 ‘‘(A) USE OF RECORDS.—An air carrier 

11 that accesses records pertaining to an individual 

12 under paragraph (1) may use the records only 

13 to assess the qualifications of the individual in 

14 deciding whether or not to hire the individual as 

15 a pilot. The air carrier shall take such actions 

16 as may be necessary to protect the privacy of 

17 the individual and the confidentiality of the 

18 records accessed, including ensuring that infor19 mation contained in the records is not divulged 

20 to any individual that is not directly involved in 

21 the hiring decision. 

22 ‘‘(B) DISCLOSURE OF INFORMATION.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided by clause (ii), information collected 

25 by the Administrator under paragraph (2) 
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1 shall be exempt from the disclosure re2 quirements of section 552 of title 5. 

3 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

4 not apply to— 

5 ‘‘(I) de-identified, summarized in6 formation to explain the need for 

7 changes in policies and regulations; 

8 ‘‘(II) information to correct a 

9 condition that compromises safety; 

10 ‘‘(III) information to carry out a 

11 criminal investigation or prosecution; 

12 ‘‘(IV) information to comply with 

13 section 44905, regarding information 

14 about threats to civil aviation; and 

15 ‘‘(V) such information as the Ad16 ministrator determines necessary, if 

17 withholding the information would not 

18 be consistent with the safety respon19 sibilities of the Federal Aviation Ad20 ministration. 

21 ‘‘(10) PERIODIC REVIEW.—Not later than 18 

22 months after the date of enactment of the FAA Air 

23 Transportation Modernization and Safety Improve24 ment Act, and at least once every 3 years thereafter, 

25 the Administrator shall transmit to Congress a 
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1 statement that contains, taking into account recent 

2 developments in the aviation industry— 

3 ‘‘(A) recommendations by the Adminis4 trator concerning proposed changes to Federal 

5 Aviation Administration records, air carrier 

6 records, and other records required to be in7 cluded in the database under paragraph (2); or 

8 ‘‘(B) reasons why the Administrator does 

9 not recommend any proposed changes to the 

10 records referred to in subparagraph (A). 

11 ‘‘(11) REGULATIONS FOR PROTECTION AND SE12 CURITY OF RECORDS.—The Administrator shall pre13 scribe such regulations as may be necessary— 

14 ‘‘(A) to protect and secure— 

15 ‘‘(i) the personal privacy of any indi16 vidual whose records are accessed under 

17 paragraph (1); and 

18 ‘‘(ii) the confidentiality of those 

19 records; and 

20 ‘‘(B) to preclude the further dissemination 

21 of records received under paragraph (1) by the 

22 person who accessed the records. 

23 ‘‘(12) GOOD FAITH EXCEPTION.—Notwith24 standing paragraph (1), an air carrier may allow an 

25 individual to begin service as a pilot, without first 
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1 obtaining information described in paragraph (2)(B) 

2 from the database pertaining to the individual, if— 

3 ‘‘(A) the air carrier has made a docu4 mented good faith attempt to access the infor5 mation from the database; and 

6 ‘‘(B) has received written notice from the 

7 Administrator that the information is not con8 tained in the database because the individual 

9 was employed by an air carrier or other person 

10 that no longer exists or by a foreign govern11 ment or other entity that has not provided the 

12 information to the database. 

13 ‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO

14 RECORDS.— 

15 ‘‘(A) ACCESS BY INDIVIDUALS DES16 IGNATED BY AIR CARRIERS.—For the purpose 

17 of increasing timely and efficient access to 

18 records described in paragraph (2), the Admin19 istrator may allow, under terms established by 

20 the Administrator, an individual designated by 

21 an air carrier to have electronic access to the 

22 database. 

23 ‘‘(B) TERMS.—The terms established by 

24 the Administrator under subparagraph (A) for 

25 allowing a designated individual to have elec-
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1 tronic access to the database shall limit such 

2 access to instances in which information in the 

3 database is required by the designated indi4 vidual in making a hiring decision concerning a 

5 pilot applicant and shall require that the des6 ignated individual provide assurances satisfac7 tory to the Administrator that— 

8 ‘‘(i) the designated individual has re9 ceived the written consent of the pilot ap10 plicant to access the information; and 

11 ‘‘(ii) information obtained using such 

12 access will not be used for any purpose 

13 other than making the hiring decision. 

14 ‘‘(14) REGULATIONS.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 shall issue regulations to carry out this sub17 section. 

18 ‘‘(B) EFFECTIVE DATE.—The regulations 

19 shall specify the date on which the requirements 

20 of this subsection take effect and the date on 

21 which the requirements of subsection (h) cease 

22 to be effective. 

23 ‘‘(C) EXCEPTIONS.—Notwithstanding sub24 paragraph (B)— 
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1 ‘‘(i) the Administrator shall begin to 

2 establish the database under paragraph (2) 

3 not later than 90 days after the date of en4 actment of the FAA Air Transportation 

5 Modernization and Safety Improvement 

6 Act; 

7 ‘‘(ii) the Administrator shall maintain 

8 records in accordance with paragraph (5) 

9 beginning on the date of enactment of that 

10 Act; and 

11 ‘‘(iii) air carriers and other persons 

12 shall maintain records to be reported to 

13 the database under paragraph (4)(B) in 

14 the period beginning on such date of enact15 ment and ending on the date that is 5 

16 years after the requirements of subsection 

17 (h) cease to be effective pursuant to sub18 paragraph (B). 

19 ‘‘(15) SPECIAL RULE.—During the one-year pe20 riod beginning on the date on which the require21 ments of this section become effective pursuant to 

22 paragraph (15)(B), paragraph (7)(A) shall be ap23 plied by substituting ‘45 days’ for ‘30 days’.’’. 

24 (c) CONFORMING AMENDMENTS.— 
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1 (1) LIMITATION ON LIABILITY; PREEMPTION OF

2 STATE LAW.—Section 44703(j) (as redesignated by 

3 subsection (b)(1) of this section) is amended— 

4 (A) in the subsection heading by striking 

5 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

6 (B) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A) by striking ‘‘paragraph (2)’’ and 

9 inserting ‘‘subsection (h)(2) or (i)(3)’’; 

10 (ii) in subparagraph (A) by inserting 

11 ‘‘or accessing the records of that individual 

12 under subsection (i)(1)’’ before the semi13 colon; and 

14 (iii) in the matter following subpara15 graph (D) by striking ‘‘subsection (h)’’ and 

16 inserting ‘‘subsection (h) or (i)’’; 

17 (C) in paragraph (2) by striking ‘‘sub18 section (h)’’ and inserting ‘‘subsection (h) or 

19 (i)’’; 

20 (D) in paragraph (3), in the matter pre21 ceding subparagraph (A), by inserting ‘‘or who 

22 furnished information to the database estab23 lished under subsection (i)(2)’’ after ‘‘sub24 section (h)(1)’’; and 

25 (E) by adding at the end the following: 
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1 ‘‘(4) PROHIBITION ON ACTIONS AND PRO2 CEEDINGS AGAINST AIR CARRIERS.— 

3 ‘‘(A) HIRING DECISIONS.—An air carrier 

4 may refuse to hire an individual as a pilot if the 

5 individual did not provide written consent for 

6 the air carrier to receive records under sub7 section (h)(2)(A) or (i)(3)(A) or did not execute 

8 the release from liability requested under sub9 section (h)(2)(B) or (i)(3)(B). 

10 ‘‘(B) ACTIONS AND PROCEEDINGS.—No 

11 action or proceeding may be brought against an 

12 air carrier by or on behalf of an individual who 

13 has applied for or is seeking a position as a 

14 pilot with the air carrier if the air carrier re15 fused to hire the individual after the individual 

16 did not provide written consent for the air car17 rier to receive records under subsection 

18 (h)(2)(A) or (i)(3)(A) or did not execute a re19 lease from liability requested under subsection 

20 (h)(2)(B) or (i)(3)(B).’’. 

21 (2) LIMITATION ON STATUTORY CONSTRUC22 TION.—Section 44703(k) (as redesignated by sub23 section (b)(1) of this section) is amended by striking 

24 ‘‘subsection (h)’’ and inserting ‘‘subsection (h) or 

25 (i)’’. 
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1 SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS. 

2 (a) IN GENERAL.—Within 60 days after the date of 

3 enactment of this Act, the Administrator shall initiate and 

4 complete a rulemaking to require part 121 air carriers— 

5 (1) to implement, as part of their safety man6 agement systems— 

7 (A) an Aviation Safety Action Program; 

8 (B) a Flight Operations Quality Assurance 

9 Program; 

10 (C) a Line Operational Safety Audit Pro11 gram; and 

12 (D) a Flight Crew Fatigue Risk Manage13 ment Program; 

14 (2) to implement appropriate privacy protection 

15 safeguards with respect to data included in such 

16 programs; and 

17 (3) to provide appropriate collaboration and 

18 operational oversight of regional/commuter air car19 riers by affiliated major air carriers that include— 

20 (A) periodic safety audits of flight oper21 ations; 

22 (B) training, maintenance, and inspection 

23 programs; and 

24 (C) provisions for the exchange of safety 

25 information. 
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1 (b) EFFECT ON ADVANCED QUALIFICATION PRO2 GRAM.—Implementation of the programs under subsection 

3 (a)(1) neither limits nor invalidates the Federal Aviation 

4 Administration’s advanced qualification program. 

5 (c) LIMITATIONS ON DISCIPLINE AND ENFORCE6 MENT.—The Administrator shall require that each of the 

7 programs described in subsection (a)(1)(A) and (B) estab8 lish protections for an air carrier or employee submitting 

9 data or reports against disciplinary or enforcement actions 

10 by any Federal agency or employer. The protections shall 

11 not be less than the protections provided under Federal 

12 Aviation Administration Advisory Circulars governing 

13 those programs, including Advisory Circular AC No. 120– 

14 66 and AC No. 120–82. 

15 (d) CVR DATA.—The Administrator, acting in col16 laboration with aviation industry interested parties, shall 

17 consider the merits and feasibility of incorporating cockpit 

18 voice recorder data in safety oversight practices. 

19 (e) ENFORCEMENT CONSISTENCY.—Within 9 months 

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

21 shall— 

22 (1) develop and implement a plan that will en23 sure that the FAA’s safety enforcement plan is con24 sistently enforced; and 
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1 (2) ensure that the FAA’s safety oversight pro2 gram is reviewed periodically and updated as nec3 essary. 

4 SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES 

5 TO SAFETY RECOMMENDATIONS. 

6 (a) IN GENERAL.—The first sentence of section 

7 1135(a) is amended by inserting ‘‘to the National Trans8 portation Safety Board’’ after ‘‘shall give’’. 

9 (b) AIR CARRIER SAFETY RECOMMENDATIONS.— 

10 Section 1135 is amended— 

11 (1) by redesignating subsections (c) and (d) as 

12 subsections (d) and (e), respectively; and 

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) ANNUAL REPORT ON AIR CARRIER SAFETY

16 RECOMMENDATIONS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall submit 

18 an annual report to the Congress and the Board on 

19 the recommendations made by the Board to the Sec20 retary regarding air carrier operations conducted 

21 under part 121 of title 14, Code of Federal Regula22 tions. 

23 ‘‘(2) RECOMMENDATIONS TO BE COVERED.— 

24 The report shall cover— 
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1 ‘‘(A) any recommendation for which the 

2 Secretary has developed, or intends to develop, 

3 procedures to adopt the recommendation or 

4 part of the recommendation, but has yet to 

5 complete the procedures; and 

6 ‘‘(B) any recommendation for which the 

7 Secretary, in the preceding year, has issued a 

8 response under subsection (a)(2) or (a)(3) re9 fusing to carry out all or part of the procedures 

10 to adopt the recommendation. 

11 ‘‘(3) CONTENTS.— 

12 ‘‘(A) PLANS TO ADOPT RECOMMENDA13 TIONS.—For each recommendation of the 

14 Board described in paragraph (2)(A), the report 

15 shall contain— 

16 ‘‘(i) a description of the recommenda17 tion; 

18 ‘‘(ii) a description of the procedures 

19 planned for adopting the recommendation 

20 or part of the recommendation; 

21 ‘‘(iii) the proposed date for completing 

22 the procedures; and 

23 ‘‘(iv) if the Secretary has not met a 

24 deadline contained in a proposed timeline 

25 developed in connection with the rec-
222 

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1 ommendation under subsection (b), an ex2 planation for not meeting the deadline. 

3 ‘‘(B) REFUSALS TO ADOPT RECOMMENDA4 TIONS.—For each recommendation of the 

5 Board described in paragraph (2)(B), the re6 port shall contain— 

7 ‘‘(i) a description of the recommenda8 tion; and 

9 ‘‘(ii) a description of the reasons for 

10 the refusal to carry out all or part of the 

11 procedures to adopt the recommendation.’’. 

12 (c) IMPLEMENTATION OF NTSB SAFETY REC13 OMMENDATIONS.— 

14 (1) INSPECTION.—As part of the annual inspec15 tion of general aviation aircraft, the Administrator 

16 of the Federal Aviation Administration (referred to 

17 in this section as the ‘‘Administrator’’) shall require 

18 a detailed inspection of each emergency locator 

19 transmitter (referred to in this section as ‘‘ELT’’) 

20 installed in general aviation aircraft operating in the 

21 United States to ensure that each ELT is mounted 

22 and retained in accordance with the manufacturer’s 

23 specifications. 

24 (2) MOUNTING AND RETENTION.— 
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1 (A) IN GENERAL.—Not later than 90 days 

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

3 Administrator shall determine if the ELT 

4 mounting requirements and retention tests 

5 specified by Technical Standard Orders C91a 

6 and C126 are adequate to assess retention ca7 pabilities in ELT designs. 

8 (B) REVISION.—Based on the results of 

9 the determination conducted under subpara10 graph (A), the Administrator shall make any 

11 necessary revisions to the requirements and 

12 tests referred to in subparagraph (A) to ensure 

13 that emergency locator transmitters are prop14 erly retained in the event of an airplane acci15 dent. 

16 (3) REPORT.—Upon the completion of the revi17 sions required under paragraph (2)(B), the Adminis18 trator shall submit a report on the implementation 

19 of this subsection to— 

20 (A) the Committee on Commerce, Science, 

21 and Transportation of the Senate; and 

22 (B) the Committee on Transportation and 

23 Infrastructure of the House of Representatives. 
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1 SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY AS2 SURANCE, AVIATION SAFETY ACTION, AND 

3 LINE OPERATIONAL SAFETY AUDIT PRO4 GRAMS. 

5 (a) LIMITATION ON DISCLOSURE AND USE OF IN6 FORMATION.— 

7 (1) IN GENERAL.—Except as provided by this 

8 section, a party in a judicial proceeding may not use 

9 discovery to obtain— 

10 (A) an Aviation Safety Action Program re11 port; 

12 (B) Flight Operational Quality Assurance 

13 Program data; or 

14 (C) a Line Operations Safety Audit Pro15 gram report. 

16 (2) FOIA NOT APPLICABLE.—Section 522 of 

17 title 5, United States Code, shall not apply to re18 ports or data described in paragraph (1). 

19 (3) EXCEPTIONS.—Nothing in paragraph (1) or 

20 (2) prohibits the FAA from disclosing information 

21 contained in reports or data described in paragraph 

22 (1) if withholding the information would not be con23 sistent with the FAA’s safety responsibilities, includ24 ing— 
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1 (A) a summary of information, with identi2 fying information redacted, to explain the need 

3 for changes in policies or regulations; 

4 (B) information provided to correct a con5 dition that compromises safety, if that condition 

6 continues uncorrected; or 

7 (C) information provided to carry out a 

8 criminal investigation or prosecution. 

9 (b) PERMISSIBLE DISCOVERY FOR SUCH REPORTS

10 AND DATA.—Except as provided in subsection (c), a court 

11 may allow discovery by a party of an Aviation Safety Ac12 tion Program report, Flight Operational Quality Assur13 ance Program data, or a Line Operations Safety Audit 

14 Program report if, after an in camera review of the infor15 mation, the court determines that a party to a claim or 

16 defense in the proceeding shows a particularized need for 

17 the report or data that outweighs the need for confiden18 tiality of the report or data, considering the confidential 

19 nature of the report or data, and upon a showing that 

20 the report or data is both relevant to the preparation of 

21 a claim or defense and not otherwise known or available. 

22 (c) PROTECTIVE ORDER.—When a court allows dis23 covery, in a judicial proceeding, of an Aviation Safety Ac24 tion Program report, Flight Operational Quality Assur-
226 

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1 ance Program data, or a Line Operations Safety Audit 

2 Program report, the court shall issue a protective order— 

3 (1) to limit the use of the information contained 

4 in the report or data to the judicial proceeding; 

5 (2) to prohibit dissemination of the report or 

6 data to any person that does not need access to the 

7 report for the proceeding; and 

8 (3) to limit the use of the report or data in the 

9 proceeding to the uses permitted for privileged self10 analysis information as defined under the Federal 

11 Rules of Evidence. 

12 (d) SEALED INFORMATION.—A court may allow an 

13 Aviation Safety Action Program report, Flight Oper14 ational Quality Assurance Program data, or a Line Oper15 ations Safety Audit Program report to be admitted into 

16 evidence in a judicial proceeding only if the court places 

17 the report or data under seal to prevent the use of the 

18 report or data for purposes other than for the proceeding. 

19 (e) SAFETY RECOMMENDATIONS.—This section does 

20 not prevent the National Transportation Safety Board 

21 from referring at any time to information contained in an 

22 Aviation Safety Action Program report, Flight Oper23 ational Quality Assurance Program data, or a Line Oper24 ations Safety Audit Program report in making safety rec25 ommendations. 
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1 (f) WAIVER.—Any waiver of the privilege for self2 analysis information by a protected party, unless occa3 sioned by the party’s own use of the information in pre4 senting a claim or defense, must be in writing. 

5 SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, 

6 TESTING, AND CERTIFICATION REQUIRE7 MENTS. 

8 (a) TRAINING AND TESTING.—The Administrator 

9 shall develop and implement a plan for reevaluation of 

10 flight crew training regulations in effect on the date of 

11 enactment of this Act, including regulations for— 

12 (1) classroom instruction requirements gov13 erning curriculum content and hours of instruction; 

14 (2) crew leadership training; and 

15 (3) initial and recurrent testing requirements 

16 for pilots, including the rigor and consistency of 

17 testing programs such as check rides. 

18 (b) BEST PRACTICES.—The plan shall incorporate 

19 best practices in the aviation industry with respect to 

20 training protocols, methods, and procedures. 

21 (c) CERTIFICATION.—The Administrator shall ini22 tiate a rulemaking to re-evaluate FAA regulations gov23 erning the minimum requirements— 

24 (1) to become a commercial pilot; 
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1 (2) to receive an Air Transport Pilot Certificate 

2 to become a captain; and 

3 (3) to transition to a new type of aircraft. 

4 (d) REMEDIAL TRAINING PROGRAMS.— 

5 (1) IN GENERAL.—The Administrator shall ini6 tiate a rulemaking to require part 121 air carriers 

7 to establish remedial training programs for 

8 flightcrew members who have demonstrated perform9 ance deficiencies or experienced failures in the train10 ing environment. 

11 (2) DEADLINES.—The Administrator shall— 

12 (A) not later than 180 days after the date 

13 of enactment of this Act, issue a notice of pro14 posed rulemaking under paragraph (1); and 

15 (B) not later than 24 months after the 

16 date of enactment of this Act, issue a final rule 

17 for the rulemaking. 

18 (e) STICK PUSHER TRAINING AND WEATHER EVENT

19 TRAINING.— 

20 (1) MULTIDISCIPLINARY PANEL.—Not later 

21 than 120 days after the date of enactment of this 

22 Act, the Administrator shall convene a multidisci23 plinary panel of specialists in aircraft operations, 

24 flightcrew member training, human factors, and 

25 aviation safety to study and submit to the Adminis-
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1 trator a report on methods to increase the famili2 arity of flightcrew members with, and improve the 

3 response of flightcrew members to, stick pusher sys4 tems, icing conditions, and microburst and 

5 windshear weather events. 

6 (2) REPORT TO CONGRESS.—Not later than one 

7 year after the date on which the Administrator con8 venes the panel, the Administrator shall— 

9 (A) submit a report to the Committee on 

10 Transportation and Infrastructure of the House 

11 of Representatives and the Committee on Com12 merce, Science, and Transportation based on 

13 the findings of the panel; and 

14 (B) with respect to stick pusher systems, 

15 initiate appropriate actions to implement the 

16 recommendations of the panel. 

17 SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFES18 SIONAL DEVELOPMENT, AND LEADERSHIP. 

19 (a) AVIATION RULEMAKING COMMITTEE.— 

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

21 Federal Aviation Administration shall conduct an 

22 aviation rulemaking committee proceeding with 

23 stakeholders to develop procedures for each part 121 

24 air carrier to take the following actions: 
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1 (A) Establish flightcrew member men2 toring programs under which the air carrier will 

3 pair highly experienced flightcrew members who 

4 will serve as mentor pilots and be paired with 

5 newly employed flightcrew members. Mentor pi6 lots should be provided, at a minimum, specific 

7 instruction on techniques for instilling and rein8 forcing the highest standards of technical per9 formance, airmanship, and professionalism in 

10 newly employed flightcrew members. 

11 (B) Establish flightcrew member profes12 sional development committees made up of air 

13 carrier management and labor union or profes14 sional association representatives to develop, ad15 minister, and oversee formal mentoring pro16 grams of the carrier to assist flightcrew mem17 bers to reach their maximum potential as safe, 

18 seasoned, and proficient flightcrew members. 

19 (C) Establish or modify training programs 

20 to accommodate substantially different levels 

21 and types of flight experience by newly em22 ployed flightcrew members. 

23 (D) Establish or modify training programs 

24 for second-in-command flightcrew members at25 tempting to qualify as pilot-in-command 
231 

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1 flightcrew members for the first time in a spe2 cific aircraft type and ensure that such pro3 grams include leadership and command train4 ing. 

5 (E) Ensure that recurrent training for pi6 lots in command includes leadership and com7 mand training. 

8 (F) Such other actions as the aviation 

9 rulemaking committee determines appropriate 

10 to enhance flightcrew member professional de11 velopment. 

12 (2) COMPLIANCE WITH STERILE COCKPIT

13 RULE.—Leadership and command training described 

14 in paragraphs (1)(D) and (1)(E) shall include in15 struction on compliance with flightcrew member du16 ties under part 121.542 of title 14, Code of Federal 

17 Regulations. 

18 (3) STREAMLINED PROGRAM REVIEW.— 

19 (A) IN GENERAL.—As part of the rule20 making required by subsection (a), the Admin21 istrator shall establish a streamlined process for 

22 part 121 air carriers that have in effect, as of 

23 the date of enactment of this Act, the programs 

24 required by paragraph (1). 
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1 (B) EXPEDITED APPROVALS.—Under the 

2 streamlined process, the Administrator shall— 

3 (i) review the programs of such part 

4 121 air carriers to determine whether the 

5 programs meet the requirements set forth 

6 in the final rule referred to in subsection 

7 (b)(2); and 

8 (ii) expedite the approval of the pro9 grams that the Administrator determines 

10 meet such requirements. 

11 (b) DEADLINES.—The Administrator shall issue— 

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

13 enactment of this Act, a notice of proposed rule14 making under subsection (a); and 

15 (2) not later than 24 months after such date of 

16 enactment, a final rule under subsection (a). 

17 SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALI18 FICATIONS. 

19 (a) REQUIREMENTS.—The Administrator of the Fed20 eral Aviation Administration shall conduct a rulemaking 

21 proceeding to require part 121 air carriers to develop and 

22 implement means and methods for ensuring that 

23 flightcrew members have proper qualifications and experi24 ence. 

25 (b) MINIMUM EXPERIENCE REQUIREMENT.— 
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1 (1) IN GENERAL.—The final rule prescribed 

2 under subsection (a) shall, among any other require3 ments established by the rule, require that a pilot— 

4 (A) have not less than 800 hours of flight 

5 time before serving as a flightcrew member for 

6 a part 121 air carrier; and 

7 (B) demonstrate the ability to— 

8 (i) function effectively in a multipilot 

9 environment; 

10 (ii) function effectively in an air car11 rier operational environment; 

12 (iii) function effectively in adverse 

13 weather conditions, including icing condi14 tions if the pilot is expected to be oper15 ating aircraft in icing conditions; 

16 (iv) function effectively during high 

17 altitude operations; and 

18 (v) adhere to the highest professional 

19 standards. 

20 (2) HOURS OF FLIGHT EXPERIENCE IN DIF21 FICULT OPERATIONAL CONDITIONS.—The total num22 ber of hours of flight experience required by the Ad23 ministrator under paragraph (1) for pilots shall in24 clude a number of hours of flight experience in dif25 ficult operational conditions that may be encoun-
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1 tered by an air carrier that the Administrator deter2 mines to be sufficient to enable a pilot to operate an 

3 aircraft safely in such conditions. 

4 (c) DEADLINES.—The Administrator shall issue— 

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

6 enactment of this Act, a notice of proposed rule7 making under subsection (a); and 

8 (2) not later than December 31, 2011, a final 

9 rule under subsection (a). 

10 (d) DEFAULT REQUIREMENTS.—If the Adminis11 trator fails to meet the deadline established by subsection 

12 (c))(2), then all flightcrew members for part 121 air car13 riers shall meet the requirements established by subpart 

14 G of part 61 of the Federal Aviation Administration’s reg15 ulations (14 C.F.R. 61.151 et seq.). 

16 (e) DEFINITIONS.—In this section: 

17 (1) FLIGHTCREW MEMBER.—The term 

18 ‘‘flightcrew member’’ has the meaning given that 

19 term in section 1.1 of the Federal Aviation Adminis20 tration’s regulations (14 C.F.R. 1.1)). 

21 (2) PART 121 AIR CARRIER.—The term ‘‘part 

22 121 air carrier’’ has the meaning given that term by 

23 section 41720(d)(1) of title 49, United States Code. 
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1 SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DE2 VICES ON FLIGHT DECK. 

3 (a) IN GENERAL.—Chapter 447, as amended by sec4 tion 521 of this Act, is further amended by adding at the 

5 end thereof the following: 

6 ‘‘§ 44731. Use of certain devices on flight deck 

7 ‘‘(a) IN GENERAL.—It is unlawful for any member 

8 of the flight crew of an aircraft used to provide air trans9 portation under part 121 of title 14, Code of Federal Reg10 ulations, to use a personal wireless communications device 

11 or laptop computer while at the crew member’s duty sta12 tion on the flight deck of such an aircraft while the air13 craft is being operated. 

14 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

15 the use of a personal wireless communications device or 

16 laptop computer for a purpose directly related to operation 

17 of the aircraft, or for emergency, safety-related, or em18 ployment-related communications, in accordance with pro19 cedures established by the air carrier or the Federal Avia20 tion Administration. 

21 ‘‘(c) ENFORCEMENT.—In addition to the penalties 

22 provided under section 46301 of this title applicable to any 

23 violation of this section, the Administrator of the Federal 

24 Aviation Administration may enforce compliance with this 

25 section under section 44709. 
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1 ‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DE2 VICE DEFINED.—The term ‘personal wireless communica3 tions device’ means a device through which personal wire4 less services (as defined in section 332(c)(7)(C)(i) of the 

5 Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) 

6 are transmitted.’’. 

7 (b) PENALTY.—Section 44711(a) is amended— 

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

9 paragraph (8); 

10 (2) by striking ‘‘title.’’ in paragraph (9) and in11 serting ‘‘title; or’’; and 

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

13 ‘‘(10) violate section 44730 of this title or any 

14 regulation issued thereunder.’’. 

15 (c) CONFORMING AMENDMENT.—The table of con16 tents for chapter 447 is amended by adding at the end 

17 thereof the following: 

‘‘44731. Use of certain devices on flight deck’’. 

18 (d) REGULATIONS.—Within 30 days after the date 

19 of enactment of this Act, the Secretary of Transportation 

20 shall initiate a rulemaking procedure for regulations under 

21 section 44730 of title 49, United States Code, and shall 

22 issue a final rule thereunder within 1 year after the date 

23 of enactment of this Act. 

24 (e) STUDY.— 
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1 (1) IN GENERAL.—The Administrator of the 

2 Federal Aviation Administration shall review rel3 evant air carrier data and carry out a study— 

4 (A) to identify common sources of distrac5 tion for the cockpit flight crew on commercial 

6 aircraft; and 

7 (B) to determine the safety impacts of 

8 such distractions. 

9 (2) REPORT.—Not later than 6 months after 

10 the date of the enactment of this Act, the Adminis11 trator shall submit a report to the Committee on 

12 Commerce, Science, and Transportation of the Sen13 ate and the Committee on Transportation and Infra14 structure of the House of Representatives that con15 tains— 

16 (A) the findings of the study conducted 

17 under paragraph (1); and 

18 (B) recommendations about ways to reduce 

19 distractions for cockpit flight crews. 

20 SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CAR21 RIERS. 

22 The Administrator shall, not less frequently than 

23 once each year, perform random, unannounced, on-site in24 spections of air carriers that provide air transportation 

25 pursuant to a contract with a part 121 air carrier to en-
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1 sure that such air carriers are complying with all applica2 ble safety standards of the Administration. 

3 SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH 

4 RESPECT TO THE TRAINING, HIRING, AND OP5 ERATION OF AIRCRAFT BY PILOTS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of enactment of this Act, the Administrator shall 

8 issue a final rule with respect to the Notice of Proposed 

9 Rulemaking published in the Federal Register on January 

10 12, 2009 (74 Fed. Reg. 1280), relating to training pro11 grams for flight crew members and aircraft dispatchers. 

12 (b) EXPERT PANEL TO REVIEW PART 121 AND PART

13 135 TRAINING HOURS.— 

14 (1) ESTABLISHMENT.—Not later than 60 days 

15 after the date of enactment of this Act, the Adminis16 trator shall convene a multidisciplinary expert panel 

17 comprised of, at a minimum, air carrier representa18 tives, training facility representatives, instructional 

19 design experts, aircraft manufacturers, safety orga20 nization representatives, and labor union representa21 tives. 

22 (2) ASSESSMENT AND RECOMMENDATIONS.— 

23 The panel shall assess and make recommendations 

24 concerning— 
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1 (A) the best methods and optimal time 

2 needed for flightcrew members of part 121 air 

3 carriers and flightcrew members of part 135 air 

4 carriers to master aircraft systems, maneuvers, 

5 procedures, take offs and landings, and crew co6 ordination; 

7 (B) the optimal length of time between 

8 training events for such crewmembers, includ9 ing recurrent training events; 

10 (C) the best methods to reliably evaluate 

11 mastery by such crewmembers of aircraft sys12 tems, maneuvers, procedures, take offs and 

13 landings, and crew coordination; and 

14 (D) the best methods to allow specific aca15 demic training courses to be credited pursuant 

16 to section 11(d) toward the total flight hours 

17 required to receive an airline transport pilot 

18 certificate. 

19 (3) REPORT.—Not later than one year after the 

20 date of enactment of this Act, the Administrator 

21 shall submit a report to the House of Representa22 tives Committee on Transportation and Infrastruc23 ture and the Senate Committee on Commerce, 

24 Science, and Transportation based on the findings of 

25 the panel. 
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1 SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of the enactment of this Act, the Administrator shall 

4 submit to Congress a plan for overseeing pilot schools cer5 tified under part 141 of title 14, Code of Federal Regula6 tions, that includes— 

7 (1) ensuring that the curriculum and course 

8 outline requirements for such schools under subpart 

9 C of such part are being met; and 

10 (2) conducting on-site inspections of each such 

11 school not less frequently than once every 2 years. 

12 (b) GAO STUDY.—The Comptroller General shall 

13 conduct a comprehensive study of flight schools, flight 

14 education, and academic training requirements for certifi15 cation of an individual as a pilot. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of enactment of this Act, the Comptroller General shall 

18 submit a report to the House of Representatives Com19 mittee on Transportation and Infrastructure and the Sen20 ate Committee on Commerce, Science, and Transportation 

21 on the results of the study. 

22 SEC. 562. ENHANCED TRAINING FOR FLIGHT ATTENDANTS 

23 AND GATE AGENTS. 

24 (a) IN GENERAL.—Chapter 447, as amended by sec25 tion 558 of this Act, is further amended by adding at the 

26 end the following: 
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1 ‘‘§ 44732. Training of flight attendants and gate 

2 agents 

3 ‘‘(a) TRAINING REQUIRED.—In addition to other 

4 training required under this chapter, each air carrier shall 

5 provide initial and annual recurring training for flight at6 tendants and gate agents employed or contracted by such 

7 air carrier regarding— 

8 ‘‘(1) serving alcohol to passengers; 

9 ‘‘(2) recognizing intoxicated passengers; and 

10 ‘‘(3) dealing with disruptive passengers. 

11 ‘‘(b) SITUATIONAL TRAINING.—In carrying out the 

12 training required under subsection (a), each air carrier 

13 shall provide situational training to flight attendants and 

14 gate agents on the proper method for dealing with intoxi15 cated passengers who act in a belligerent manner. 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) AIR CARRIER.—The term ‘air carrier’ 

18 means a person or commercial enterprise that has 

19 been issued an air carrier operating certificate under 

20 section 44705. 

21 ‘‘(2) FLIGHT ATTENDANT.—The term ‘flight at22 tendant’ has the meaning given the term in section 

23 44728(f). 

24 ‘‘(3) GATE AGENT.—The term ‘gate agent’ 

25 means an individual working at an airport whose re-
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1 sponsibilities include facilitating passenger access to 

2 commercial aircraft. 

3 ‘‘(4) PASSENGER.—The term ‘passenger’ means 

4 an individual traveling on a commercial aircraft, 

5 from the time at which the individual arrives at the 

6 airport from which such aircraft departs until the 

7 time the individual leaves the airport to which such 

8 aircraft arrives.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 for chapter 447 is amended by adding at the end the fol11 lowing: 

‘‘44732. Training of flight attendants and gate agents’’. 

12 (c) RULEMAKING.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of Trans14 portation shall issue regulations to carry out section 

15 44730 of title 49, United States Code, as added by sub16 section (a). 

17 SEC. 563. DEFINITIONS. 

18 In this subtitle: 

19 (1) AVIATION SAFETY ACTION PROGRAM.—The 

20 term ‘‘Aviation Safety Action Program’’ means the 

21 program described under Federal Aviation Adminis22 tration Advisory Circular No. 120–66B that permits 

23 employees of participating air carriers and repair 

24 station certificate holders to identify and report safe-
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1 ty issues to management and to the Administration 

2 for resolution. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator. 

5 (3) AIR CARRIER.—The term ‘‘air carrier’’ has 

6 the meaning given that term by section 40102(2) of 

7 title 49, United States Code. 

8 (4) FAA.—The term ‘‘FAA’’ means the Fed9 eral Aviation Administration. 

10 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

11 PROGRAM.—The term ‘‘Flight Operational Quality 

12 Assurance Program’’ means the voluntary safety 

13 program authorized under section 13.401 of title 14, 

14 Code of Federal Regulations, that permits commer15 cial air carriers and pilots to share confidential ag16 gregate information with the Administration to per17 mit the Administration to target resources to ad18 dress operational risk issues. 

19 (6) LINE OPERATIONS SAFETY AUDIT PRO20 GRAM.—The term ‘‘Line Operations Safety Audit 

21 Program’’ has the meaning given that term by Fed22 eral Aviation Administration Advisory Circular 

23 Number 120–90. 
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1 (7) PART 121 AIR CARRIER.—The term ‘‘part 

2 121 air carrier’’ has the meaning given that term by 

3 section 41719(d)(1) of title 49, United States Code. 

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

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Administrator of 

7 the Federal Aviation Administration shall initiate a study 

8 of air quality in aircraft cabins to— 

9 (1) assess bleed air quality on the full range of 

10 commercial aircraft operating in the United States; 

11 (2) identify oil-based contaminants, hydraulic 

12 fluid toxins, and other air toxins that appear in 

13 cabin air and measure the quantity and prevalence, 

14 or absence of those toxins through a comprehensive 

15 sampling program; 

16 (3) determine the specific amount and duration 

17 of toxic fumes present in aircraft cabins that con18 stitutes a health risk to passengers; 

19 (4) develop a systematic reporting standard for 

20 smoke and fume events in aircraft cabins; 

21 (5) identify the potential health risks to individ22 uals exposed to toxic fumes during flight; and 

23 (6) determine the extent to which the installa24 tion of sensors and air filters on commercial aircraft 

25 would provide a public health benefit. 
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1 (b) AUTHORITY TO MONITOR AIR IN AIRCRAFT CAB2 INS.—For purposes of conducting the study required by 

3 subsection (a), the Administrator of the Federal Aviation 

4 Administration shall require domestic air carriers to allow 

5 air quality monitoring on their aircraft in a manner that 

6 imposes no significant costs on the air carrier and does 

7 not interfere with the normal operation of the aircraft. 

8 TITLE VI—AVIATION RESEARCH 

9 SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

10 (a) IN GENERAL.—Section 44511(f) is amended— 

11 (1) by striking ‘‘establish a 4-year pilot’’ in 

12 paragraph (1) and inserting ‘‘maintain an’’; and 

13 (2) by inserting ‘‘pilot’’ in paragraph (4) before 

14 ‘‘program’’ the first time it appears; and 

15 (3) by striking ‘‘program, including rec16 ommendations as to the need for establishing a per17 manent airport cooperative research program.’’ in 

18 paragraph (4) and inserting ‘‘program.’’. 

19 (b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

20 Not more than $15,000,000 per year for fiscal years 2010 

21 and 2011 may be appropriated to the Secretary of Trans22 portation from the amounts made available each year 

23 under subsection (a) for the Airport Cooperative Research 

24 Program under section 44511 of this title, of which not 

25 less than $5,000,000 per year shall be for research activi-
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1 ties related to the airport environment, including reduction 

2 of community exposure to civil aircraft noise, reduction of 

3 civil aviation emissions, or addressing water quality issues. 

4 SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 

5 CONSUMPTION FROM CIVILIAN AIRCRAFT. 

6 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

7 From amounts made available under section 48102(a) of 

8 title 49, United States Code, the Administrator of the 

9 Federal Aviation Administration shall establish a research 

10 program related to reducing civilian aircraft energy use, 

11 emissions, and source noise with equivalent safety through 

12 grants or other measures, which may include cost-sharing, 

13 authorized under section 106(l)(6) of such title, including 

14 reimbursable agreements with other Federal agencies. 

15 (b) ESTABLISHMENT OF CONSORTIUM.— 

16 (1) DESIGNATION AS CONSORTIUM.—Not later 

17 than 180 days after the date of the enactment of 

18 this Act, the Administrator shall designate, using a 

19 competitive process, one or more institutions or enti20 ties described in paragraph (2) as a Consortium for 

21 Continuous Low Energy, Emissions, and Noise 

22 (CLEEN) to perform research in accordance with 

23 this section. 

24 (2) PARTICIPATION.—The Administrator shall 

25 include educational and research institutions or pri-
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1 vate sector entities that have existing facilities and 

2 experience for developing and testing noise, emis3 sions and energy reduction engine and aircraft tech4 nology, and developing alternative fuels in the re5 search program required by subsection (a). 

6 (3) COORDINATION MECHANISMS.—In con7 ducting the research program, the Consortium des8 ignated under paragraph (1) shall— 

9 (A) coordinate its activities with the De10 partment of Agriculture, the Department of 

11 Energy, the National Aeronautics and space 

12 Administration, and other relevant Federal 

13 agencies; and 

14 (B) consult on a regular basis with the 

15 Commercial Aviation Alternative Fuels Initia16 tive. 

17 (c) PERFORMANCE OBJECTIVES.—Not later than 

18 January 1, 2016, the research program shall accomplish 

19 the following objectives: 

20 (1) Certifiable aircraft technology that reduces 

21 fuel burn 33 percent compared to current tech22 nology, reducing energy consumption and carbon di23 oxide emissions. 

24 (2) Certifiable engine technology that reduces 

25 landing and takeoff cycle nitrogen oxide emissions 
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1 by 60 percent, at a pressure ratio of 30 over the 

2 International Civil Aviation Organization standard 

3 adopted at the 6th Meeting of the Committee on 

4 Aviation Environmental Protection, with commensu5 rate reductions over the full pressure ratio range, 

6 while limiting or reducing other gaseous or particle 

7 emissions. 

8 (3) Certifiable aircraft technology that reduces 

9 noise levels by 32 Effective Perceived Noise in deci10 bels (EPNdb) cumulative, relative to Stage 4 stand11 ards. 

12 (4) Advance qualification and environmental as13 surance of alternative aviation fuels to support a 

14 goal of having 20 percent of the jet fuel available for 

15 purchase by United States commercial airlines and 

16 cargo carriers be alternative fuels. 

17 (5) Determination of the extent to which new 

18 engine and aircraft technologies may be used to ret19 rofit or re-engine aircraft so as to increase the level 

20 of penetration into the commercial fleet. 

21 SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECH22 NOLOGY FOR CIVILIAN AIRCRAFT. 

23 (a) IN GENERAL.—From amounts made available 

24 under section 48102(a) of title 49, United States Code, 

25 the Secretary of Transportation shall establish a research 
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1 program related to developing jet fuel from natural gas, 

2 biomass and other renewable sources through grants or 

3 other measures authorized under section 106(l)(6) of such 

4 title, including reimbursable agreements with other Fed5 eral agencies. 

6 (b) PARTICIPATION IN PROGRAM.—The Secretary 

7 shall— 

8 (1) include educational and research institu9 tions that have existing facilities and experience in 

10 the research, small-scale development, testing, or 

11 evaluation of technologies related to the creation, 

12 processing, and production of a variety of feedstocks 

13 into aviation fuel under the program required by 

14 subsection (a); and 

15 (2) consider utilizing the existing capacity in 

16 Aeronautics research at Langley Research Center of 

17 the National Aeronautics and Space Administration 

18 to carry out the program required by subsection (a). 

19 (c) DESIGNATION OF INSTITUTION AS A CENTER OF

20 EXCELLENCE.—Not later than 180 days after the date 

21 of the enactment of this Act, the Administrator of the 

22 Federal Aviation Administration shall designate an insti23 tution described in subsection (b) as a Center of Excel24 lence for Alternative Jet-Fuel Research in Civil Aircraft. 

25 The Center of Excellence shall be a member of the 
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1 CLEEN Consortium established under section 602(b), 

2 and shall be part of a Joint Center of Excellence with the 

3 Partnership for Air Transportation Noise and Emission 

4 Reduction FAA Center of Excellence. 

5 SEC. 604. PRODUCTION OF CLEAN COAL FUEL TECH6 NOLOGY FOR CIVILIAN AIRCRAFT. 

7 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

8 From amounts made available under section 48102(a) of 

9 title 49, United States Code, the Secretary of Transpor10 tation shall establish a research program related to devel11 oping jet fuel from clean coal through grants or other 

12 measures authorized under section 106(l)(6) of such title, 

13 including reimbursable agreements with other Federal 

14 agencies. The program shall include participation by edu15 cational and research institutions that have existing facili16 ties and experience in the development and deployment of 

17 technology that processes coal to aviation fuel. 

18 (b) DESIGNATION OF INSTITUTION AS A CENTER OF

19 EXCELLENCE.—Within 6 months after the date of enact20 ment of this Act, the Administrator of the Federal Avia21 tion Administration shall designate an institution de22 scribed in subsection (a) as a Center of Excellence for 

23 Coal-to-Jet-Fuel Research. 
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1 SEC. 605. RESEARCH PROGRAM TO IMPROVE AIRFIELD 

2 PAVEMENTS. 

3 (a) CONTINUATION OF PROGRAM.—The Adminis4 trator of the Federal Aviation Administration shall con5 tinue the program to consider awards to nonprofit con6 crete and asphalt pavement research foundations to im7 prove the design, construction, rehabilitation, and repair 

8 of airfield pavements to aid in the development of safer, 

9 more cost effective, and more durable airfield pavements. 

10 (b) USE OF GRANTS OR COOPERATIVE AGREE11 MENTS.—The Administrator may use grants or coopera12 tive agreements in carrying out this section. 

13 SEC. 606. WAKE TURBULENCE, VOLCANIC ASH, AND WEATH14 ER RESEARCH. 

15 Within 60 days after the date of enactment of this 

16 Act, the Administrator of the Federal Aviation Adminis17 tration shall— 

18 (1) initiate evaluation of proposals that would 

19 increase capacity throughout the air transportation 

20 system by reducing existing spacing requirements 

21 between aircraft of all sizes, including research on 

22 the nature of wake vortices; 

23 (2) begin implementation of a system to im24 prove volcanic ash avoidance options for aircraft, in25 cluding the development of a volcanic ash warning 

26 and notification system for aviation; and 
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1 (3) establish research projects on— 

2 (A) ground de-icing/anti-icing, ice pellets, 

3 and freezing drizzle; 

4 (B) oceanic weather, including convective 

5 weather; 

6 (C) en route turbulence prediction and de7 tection; and 

8 (D) all hazards during oceanic operations, 

9 where commercial traffic is high and only rudi10 mentary satellite sensing is available, to reduce 

11 the hazards presented to commercial aviation. 

12 SEC. 607. INCORPORATION OF UNMANNED AIRCRAFT SYS13 TEMS INTO FAA PLANS AND POLICIES. 

14 (a) RESEARCH.— 

15 (1) EQUIPMENT.—Section 44504, as amended 

16 by section 216 of this Act, is further amended— 

17 (A) by inserting ‘‘unmanned and manned’’ 

18 in subsection (a) after ‘‘improve’’; 

19 (B) by striking ‘‘and’’ after the semicolon 

20 in subsection (b)(7); 

21 (C) by striking ‘‘emitted.’’ in subsection 

22 (b)(8) and inserting ‘‘emitted; and’’; and 

23 (D) by adding at the end of subsection (b) 

24 the following: 
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1 ‘‘(9) in conjunction with other Federal agencies 

2 as appropriate, to develop technologies and methods 

3 to assess the risk of and prevent defects, failures, 

4 and malfunctions of products, parts, and processes, 

5 for use in all classes of unmanned aircraft systems 

6 that could result in a catastrophic failure.’’. 

7 (2) HUMAN FACTORS; SIMULATIONS.—Section 

8 44505(b) is amended— 

9 (A) by striking ‘‘and’’ after the semicolon 

10 in paragraph (4); 

11 (B) by striking ‘‘programs.’’ in paragraph 

12 (5)(C) and inserting ‘‘programs; and’’; and 

13 (C) by adding at the end thereof the fol14 lowing: 

15 ‘‘(6) to develop a better understanding of the 

16 relationship between human factors and unmanned 

17 aircraft systems air safety; and 

18 ‘‘(7) to develop dynamic simulation models of 

19 integrating all classes of unmanned aircraft systems 

20 into the National Airspace System.’’. 

21 (b) NATIONAL ACADEMY OF SCIENCES ASSESS22 MENT.— 

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

24 date of enactment of this Act, the Administrator of 

25 the Federal Aviation Administration shall enter into 
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1 an arrangement with the National Academy of 

2 Sciences for an assessment of unmanned aircraft 

3 systems that may include consideration of— 

4 (A) human factors regarding unmanned 

5 aircraft systems operation; 

6 (B) ‘‘detect, sense and avoid technologies’’ 

7 with respect to both cooperative and non-coop8 erative aircraft; 

9 (C) spectrum issues and bandwidth re10 quirements; 

11 (D) operation in suboptimal winds and ad12 verse weather conditions; 

13 (E) mechanisms such as the use of tran14 sponders for letting other entities know where 

15 the unmanned aircraft system is flying; 

16 (F) airworthiness and system redundancy; 

17 (G) flight termination systems for safety 

18 and security; 

19 (H) privacy issues; 

20 (I) technologies for unmanned aircraft sys21 tems flight control; 

22 (J) technologies for unmanned aircraft sys23 tems propulsion; 
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1 (K) unmanned aircraft systems operator 

2 qualifications, medical standards, and training 

3 requirements; 

4 (L) unmanned aircraft systems mainte5 nance requirements and training requirements; 

6 and 

7 (M) any other unmanned aircraft systems8 related issue the Administrator believes should 

9 be addressed. 

10 (2) REPORT.—Within 12 months after initi11 ating the study, the National Academy shall submit 

12 its report to the Administrator, the Senate Com13 mittee on Commerce, Science, and Transportation, 

14 and the House of Representatives Committee on 

15 Transportation and Infrastructure containing its 

16 findings and recommendations. 

17 (c) PILOT PROJECTS.— 

18 (1) IN GENERAL.—Not later than 6 months 

19 after the date of enactment of this Act, the Adminis20 trator of the Federal Aviation Administration shall 

21 establish 3 2-year cost-shared pilot projects in 

22 sparsely populated, low-density Class G air traffic 

23 airspace new test sites to conduct experiments and 

24 collect data in order to accelerate the safe integra-
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1 tion of unmanned aircraft systems into the National 

2 Airspace System as follows: 

3 (A) 1 project shall address operational 

4 issues required for integration of Category 1 

5 unmanned aircraft systems defined as analo6 gous to RC models covered in the FAA Advi7 sory Circular AC 91–57. 

8 (B) 1 project shall address operational 

9 issues required for integration of Category 2 

10 unmanned aircraft systems defined as non11 standard aircraft that perform special purpose 

12 operations. Operators must provide evidence of 

13 airworthiness and operator qualifications. 

14 (C) 1 project shall address operational 

15 issues required for integration of Category 3 

16 unmanned aircraft systems defined as capable 

17 of flying throughout all categories of airspace 

18 and conforming to part 91 of title 14, Code of 

19 Federal Regulations. 

20 (D) All 3 pilot projects shall be operational 

21 no later than 6 months after being established. 

22 (2) USE OF CONSORTIA.—In conducting the 

23 pilot projects, the Administrator shall encourage the 

24 formation of participating consortia from the public 
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1 and private sectors, educational institutions, and 

2 non-profit organization. 

3 (3) REPORT.—Within 90 days after completing 

4 the pilot projects, the Administrator shall transmit 

5 a report to the Senate Committee on Commerce, 

6 Science, and Transportation and the House of Rep7 resentatives Committee on Transportation and In8 frastructure setting forth the Administrator’s find9 ings and conclusions concerning the projects. 

10 (4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to the Ad12 ministrator for fiscal years 2010 and 2011 such 

13 sums as may be necessary to conduct the pilot 

14 projects. 

15 (d) UNMANNED AIRCRAFT SYSTEMS ROADMAP.— 

16 Within 30 days after the date of enactment of this Act, 

17 the Administrator of the Federal Aviation Administration 

18 shall approve and make available in print and on the Ad19 ministration’s website a 5-year ‘‘roadmap’’ for the intro20 duction of unmanned aircraft systems into the National 

21 Airspace System being coordinated by its Unmanned Air22 craft Program Office. The Administrator shall update the 

23 ‘‘roadmap’’ annually. 

24 (e) UPDATED POLICY STATEMENT.—Not later than 

25 90 days after the date of enactment of this Act, the Ad-
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1 ministrator shall issue a notice of proposed rulemaking to 

2 update the Administration’s most recent policy statement 

3 on unmanned aircraft systems, Docket No. FAA–2006– 

4 25714. 

5 (f) EXPANDING THE USE OF UAS IN THE ARCTIC.— 

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

7 the Administrator, in consultation with the National Oce8 anic and Atmospheric Administration, the Coast Guard, 

9 and other Federal agencies as appropriate, shall identify 

10 permanent areas in the Arctic where small unmanned air11 craft may operate 24 hours per day from 2000 feet to 

12 the surface and beyond line-of-sight for research and com13 mercial purposes. Within 12 months after the date of en14 actment of this Act, the Administrator shall have estab15 lished and implemented a single process for approving un16 manned aircraft use in the designated arctic regions re17 gardless of whether the unmanned aircraft is used as a 

18 public aircraft, a civil aircraft, or as a model aircraft. 

19 (g) SPECIAL RULE FOR MODEL AIRCRAFT.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law relating to the incorporation of un22 manned aircraft systems into FAA plans and poli23 cies,, including this section, the Administrator shall 

24 not promulgate any rules or regulations regarding 
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1 model aircraft or aircraft being developed as model 

2 aircraft if such aircraft is— 

3 (A) flown strictly for recreational, sport, 

4 competition, or academic purposes; 

5 (B) operated in accordance with a commu6 nity-based set of safety guidelines and within 

7 the programming of a nationwide community8 based organization; and 

9 (C) limited to not more than 55 pounds 

10 unless otherwise certified through a design, con11 struction, inspection, flight test, and operational 

12 safety program currently administered by a 

13 community-based organization. 

14 (2) MODEL AIRCRAFT DEFINED.—For purposes 

15 of this subsection, the term ‘‘model aircraft’’ means 

16 a nonhuman-carrying (unmanned) radio-controlled 

17 aircraft capable of sustained flight in the atmos18 phere, navigating the airspace and flown within vis19 ual line-of-sight of the operator for the exclusive and 

20 intended use for sport, recreation, competition, or 

21 academic purposes. 

22 (h) DEFINTIONS.—In this section: 

23 (1) ARCTIC.—The term ‘‘Arctic’’ means the 

24 United States zone of the Chukchi, Beaufort, and 

25 Bering Sea north of the Aleutian chain. 
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1 (2) PERMANENT AREAS.—The term ‘‘perma2 nent areas’’ means areas on land or water that pro3 vide for terrestrial launch and recovery of small un4 manned aircraft. 

5 SEC. 608. REAUTHORIZATION OF CENTER OF EXCELLENCE 

6 IN APPLIED RESEARCH AND TRAINING IN 

7 THE USE OF ADVANCED MATERIALS IN 

8 TRANSPORT AIRCRAFT. 

9 Section 708(b) of the Vision 100—Century of Avia10 tion Reauthorization Act (49 U.S.C. 44504 note) is 

11 amended by striking ‘‘$500,000 for fiscal year 2004’’ and 

12 inserting ‘‘$1,000,000 for each of fiscal years 2008 

13 through 2012’’. 

14 SEC. 609. PILOT PROGRAM FOR ZERO EMISSION AIRPORT 

15 VEHICLES. 

16 (a) IN GENERAL.—Subchapter I of chapter 471 is 

17 amended by inserting after section 47136 the following: 

18 ‘‘§ 47136A. Zero emission airport vehicles and infra19 structure 

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

21 shall establish a pilot program under which the sponsor 

22 of a public-use airport may use funds made available 

23 under section 47117 or section 48103 for use at such air24 ports or passenger facility revenue (as defined in section 

25 40117(a)(6)) to carry out activities associated with the ac-
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1 quisition and operation of zero emission vehicles (as de2 fined in section 88.120–94 of title 40, Code of Federal 

3 Regulations), including the construction or modification of 

4 infrastructure to facilitate the delivery of fuel and services 

5 necessary for the use of such vehicles. Any use of funds 

6 authorized by the preceding sentence shall be considered 

7 to be an authorized use of funds under section 47117 or 

8 section 48103, or an authorized use of passenger facility 

9 revenue (as defined in section 40117(a)(6)), as the case 

10 may be. 

11 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

12 AREAS.— 

13 ‘‘(1) IN GENERAL.—A public-use airport shall 

14 be eligible for participation in the pilot program only 

15 if the airport is located in an air quality nonattain16 ment area (as defined in section 171(2) of the Clean 

17 Air Act (42 U.S.C. 7501(2))). 

18 ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec19 retary receives an insufficient number of applications 

20 from public-use airports located in such areas, then 

21 the Secretary may consider applications from public22 use airports that are not located in such areas. 

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

24 among applicants for participation in the program, the 

25 Secretary shall give priority consideration to applicants 
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1 that will achieve the greatest air quality benefits measured 

2 by the amount of emissions reduced per dollar of funds 

3 expended under the program. 

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

5 provision of this subchapter, the Federal share of the costs 

6 of a project carried out under the program shall be 50 

7 percent. 

8 ‘‘(e) TECHNICAL ASSISTANCE.— 

9 ‘‘(1) IN GENERAL.—The sponsor of a public-use 

10 airport carrying out activities funded under the pro11 gram may not use more than 10 percent of the 

12 amounts made available under the program in any 

13 fiscal year for technical assistance in carrying out 

14 such activities. 

15 ‘‘(2) ELIGIBLE CONSORTIUM.—To the max16 imum extent practicable, participants in the program 

17 shall use an eligible consortium (as defined in sec18 tion 5506 of this title) in the region of the airport 

19 to receive technical assistance described in para20 graph (1). 

21 ‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.— 

22 The Secretary may develop and make available materials 

23 identifying best practices for carrying out activities funded 

24 under the program based on projects carried out under 

25 section 47136 and other sources.’’. 
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1 (b) REPORT ON EFFECTIVENESS OF PROGRAM.—Not 

2 later than 18 months after the date of enactment of the 

3 FAA Air Transportation Modernization and Safety Im4 provement Act, the Secretary of Transportation shall 

5 transmit a report to the Senate Committee on Commerce, 

6 Science, and Transportation the House of Representatives 

7 Committee on Transportation and Infrastructure con8 taining— 

9 (1) an evaluation of the effectiveness of the 

10 pilot program; 

11 (2) an identification of all public-use airports 

12 that expressed an interest in participating in the 

13 program; and 

14 (3) a description of the mechanisms used by the 

15 Secretary to ensure that the information and know16 how gained by participants in the program is trans17 ferred among the participants and to other inter18 ested parties, including other public-use airports. 

19 (c) CONFORMING AMENDMENT.—The table of con20 tents for chapter 471 is amended by inserting after the 

21 item relating to section 47136 the following: 

‘‘47136A. Zero emission airport vehicles and infrastructure’’. 

22 SEC. 610. REDUCTION OF EMISSIONS FROM AIRPORT 

23 POWER SOURCES. 

24 (a) IN GENERAL.—Subchapter I of chapter 471 is 

25 amended by inserting after section 47140 the following: 
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1 ‘‘§ 47140A. Reduction of emissions from airport power 

2 sources 

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

4 shall establish a program under which the sponsor of each 

5 airport eligible to receive grants under section 48103 is 

6 encouraged to assess the airport’s energy requirements, 

7 including heating and cooling, base load, back-up power, 

8 and power for on-road airport vehicles and ground support 

9 equipment, in order to identify opportunities to reduce 

10 harmful emissions and increase energy efficiency at the 

11 airport. 

12 ‘‘(b) GRANTS.—The Secretary may make grants 

13 under section 48103 to assist airport sponsors that have 

14 completed the assessment described in subsection (a) to 

15 acquire or construct equipment, including hydrogen equip16 ment and related infrastructure, that will reduce harmful 

17 emissions and increase energy efficiency at the airport. To 

18 be eligible for such a grant, the sponsor of such an airport 

19 shall submit an application to the Secretary, at such time, 

20 in such manner, and containing such information as the 

21 Secretary may require.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for chapter 471 is amended by inserting after the 

24 item relating to section 47140 the following: 

‘‘47140A. Reduction of emissions from airport power sources’’. 
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1 SEC. 611. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL 

2 AIDES AND OTHER ASSETS. 

3 (a) SURVEY AND ASSESSMENT.— 

4 (1) IN GENERAL.—In order to address safety 

5 and operational concerns associated with the con6 struction, alteration, establishment, or expansion of 

7 wind farms in proximity to critical FAA facilities, 

8 the Administrator shall, within 60 days after the 

9 date of enactment of this Act, complete a survey and 

10 assessment of leases for critical FAA facility sites, 

11 including— 

12 (A) an inventory of the leases that de13 scribes, for each such lease— 

14 (i) the periodic cost, location, site, 

15 terms, number of years remaining, and les16 sor; 

17 (ii) other Administration facilities that 

18 share the leasehold, including surveillance 

19 and communications equipment; and 

20 (iii) the type of transmission services 

21 supported, including the terms of service, 

22 cost, and support contract obligations for 

23 the services; and 

24 (B) a list of those leases for facilities lo25 cated in or near areas suitable for the construc26 tion and operation of wind farms, as deter-
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1 mined by the Administrator in consultation 

2 with the Secretary of Energy. 

3 (2) REPORT.—Upon completion of the survey 

4 and assessment, the Administrator shall submit a re5 port to the Senate Committee on Commerce, 

6 Science, and Transportation, the House of Rep7 resentatives Committee on Transportation and In8 frastructure, and the Comptroller General containing 

9 the Administrator’s findings, conclusions, and rec10 ommendations. 

11 (b) GAO ASSESSMENT.— 

12 (1) IN GENERAL.—Within 180 days after re13 ceiving the Administrator’s report under subsection 

14 (a)(2), the Comptroller General, in consultation with 

15 the Administrator, shall report on— 

16 (A) the current and potential impact of 

17 wind farms on the national airspace system; 

18 (B) the extent to which the Department of 

19 Defense and the Federal Aviation Administra20 tion have guidance, processes, and procedures 

21 in place to evaluate the impact of wind farms 

22 on the implementation of the Next Generation 

23 air traffic control system; and 

24 (C) potential mitigation strategies, if nec25 essary, to ensure that wind farms do not have 
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1 an adverse impact on the implementation of the 

2 Next Generation air traffic control system, in3 cluding the installation of navigational aides as4 sociated with that system. 

5 (c) ISSUANCE OF GUIDELINES; PUBLIC INFORMA6 TION.— 

7 (1) GUIDANCE.—Within 60 days after the Ad8 ministrator receives the Comptroller’s recommenda9 tions, the Administrator shall publish guidelines for 

10 the construction and operation of wind farms to be 

11 located in proximity to critical Federal Aviation Ad12 ministration facilities. The guidelines may include— 

13 (A) the establishment of a zone system for 

14 wind farms based on proximity to critical FAA 

15 assets; 

16 (B) the establishment of turbine height 

17 and density limitations on such wind farms; 

18 (C) requirements for notice to the Admin19 istration under section 44718(a) of title 49, 

20 United States Code, before the construction, al21 teration, establishment, or expansion of a such 

22 a wind farm; and 

23 (D) any other requirements or rec24 ommendations designed to address Administra25 tion safety or operational concerns related to 
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1 the construction, alteration, establishment, or 

2 expansion of such wind farms. 

3 (2) PUBLIC ACCESS TO INFORMATION.—To the 

4 extent feasible, taking into consideration security, 

5 operational, and public safety concerns (as deter6 mined by the Administrator), the Administrator 

7 shall provide public access to information regarding 

8 the planning, construction, and operation of wind 

9 farms in proximity to critical FAA facilities on, or 

10 by linkage from, the homepage of the Federal Avia11 tion Administration’s public website. 

12 (d) CONSULTATION WITH OTHER FEDERAL AGEN13 CIES.—In carrying out this section, the Administrator and 

14 the Comptroller General shall consult, as appropriate, with 

15 the Secretaries of the Army, the Navy, the Air Force, 

16 Homeland Security, and Energy— 

17 (1) to coordinate the requirements of each de18 partment for future air space needs; 

19 (2) to determine what the acceptable risks are 

20 to the existing infrastructure of each department; 

21 and 

22 (3) to define the different levels of risk for such 

23 infrastructure. 

24 (e) REPORTS.—The Administrator and the Comp25 troller General shall provide a copy of reports under sub-
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1 sections (a) and (b), respectively, to the Senate Committee 

2 on Homeland Security and Governmental Affairs, the Sen3 ate Committee on Armed Services, the House of Rep4 resentatives Committee on Homeland Security, the House 

5 of Representatives Committee on Armed Services, and the 

6 House of Representatives Committee on Science and 

7 Technology, as appropriate. 

8 (f) DEFINITIONS.—In this section: 

9 (1) ADMINISTRATION.—The term ‘‘Administra10 tion’’ means the Federal Aviation Administration. 

11 (2) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Federal 

13 Aviation Administration. 

14 (3) CRITICAL FAA FACILITIES.—The term ‘‘crit15 ical FAA facilities’’ means facilities on which are lo16 cated navigational aides, surveillance systems, or 

17 communications systems used by the Administration 

18 in administration of the national airspace system. 

19 (4) WIND FARM.—The term ‘‘wind farm’’ 

20 means an installation of 1 or more wind turbines 

21 used for the generation of electricity. 
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1 SEC. 612. RESEARCH AND DEVELOPMENT FOR EQUIPMENT 

2 TO CLEAN AND MONITOR THE ENGINE AND 

3 APU BLEED AIR SUPPLIED ON PRESSURIZED 

4 AIRCRAFT. 

5 (a) IN GENERAL.—Not later than 60 days after the 

6 date of enactment of this Act, the Administrator of the 

7 Federal Aviation Administration shall, to the degree prac8 ticable, implement a research program for the identifica9 tion or development of appropriate and effective air clean10 ing technology and sensor technology for the engine and 

11 auxiliary power unit (APU) bleed air supplied to the pas12 senger cabin and flight deck of all pressurized aircraft. 

13 (b) TECHNOLOGY REQUIREMENTS.—The technology 

14 referred to in subsection (a) should, at a minimum, have 

15 the capacity— 

16 (1) to remove oil-based contaminants from the 

17 bleed air supplied to the passenger cabin and flight 

18 deck; and 

19 (2) to detect and record oil-based contaminants 

20 in the portion of the total air supplied to the pas21 senger cabin and flight deck from bleed air. 

22 (c) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, the Administrator shall submit 

24 to the Committee on Commerce, Science, and Transpor25 tation of the Senate and the Committee on Transportation 

26 and Infrastructure of the House of Representatives a re-
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1 port on the results of the research and development work 

2 carried out under this section. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums are as nec5 essary to carry out this section. 

6 TITLE VII—MISCELLANEOUS 

7 SEC. 701. GENERAL AUTHORITY. 

8 (a) THIRD PARTY LIABILITY.—Section 44303(b) is 

9 amended by striking ‘‘December 31, 2009,’’ and inserting 

10 ‘‘December 31, 2012,’’. 

11 (b) EXTENSION OF PROGRAM AUTHORITY.—Section 

12 44310 is amended by striking ‘‘December 31, 2013.’’ and 

13 inserting ‘‘October 1, 2017.’’. 

14 (c) WAR RISK.—Section 44302(f)(1) is amended— 

15 (1) by striking ‘‘September 30, 2009,’’ and in16 serting ‘‘September 30, 2011,’’; and 

17 (2) by striking ‘‘December 31, 2009,’’ and in18 serting ‘‘December 31, 2011,’’. 

19 SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY. 

20 Within 6 months after the date of enactment of this 

21 Act, the Administrator of the Federal Aviation Adminis22 tration shall develop a Human Intervention Management 

23 Study program for cabin crews employed by commercial 

24 air carriers in the United States. 
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1 SEC. 703. AIRPORT PROGRAM MODIFICATIONS. 

2 The Administrator of the Federal Aviation Adminis3 tration— 

4 (1) shall establish a formal, structured certifi5 cation training program for the airport concessions 

6 disadvantaged business enterprise program; and 

7 (2) may appoint 3 additional staff to implement 

8 the programs of the airport concessions disadvan9 taged business enterprise initiative. 

10 SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 

11 (a) MARSHALL ISLANDS, FEDERATED STATES OF

12 MICRONESIA, AND PALAU.—Section 47115(j) is amended 

13 by striking ‘‘2009,’’ and inserting ‘‘2011,’’. 

14 (b) MIDWAY ISLAND AIRPORT.—Section 186(d) of 

15 the Vision 100—Century of Aviation Reauthorization Act 

16 (117 Stat. 2518) is amended by striking ‘‘2009,’’ and in17 serting ‘‘2011,’’. 

18 SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

19 Section 47107(s) is amended by striking paragraph 

20 (3). 

21 SEC. 706. UPDATE ON OVERFLIGHTS. 

22 (a) IN GENERAL.—Section 45301(b) is amended to 

23 read as follows: 

24 ‘‘(b) LIMITATIONS.— 

25 ‘‘(1) IN GENERAL.—In establishing fees under 

26 subsection (a), the Administrator shall ensure that 
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1 the fees required by subsection (a) are reasonably 

2 related to the Administration’s costs, as determined 

3 by the Administrator, of providing the services ren4 dered. Services for which costs may be recovered in5 clude the costs of air traffic control, navigation, 

6 weather services, training, and emergency services 

7 which are available to facilitate safe transportation 

8 over the United States, and other services provided 

9 by the Administrator or by programs financed by 

10 the Administrator to flights that neither take off nor 

11 land in the United States. The determination of 

12 such costs by the Administrator is not subject to ju13 dicial review. 

14 ‘‘(2) ADJUSTMENT OF FEES.—The Adminis15 trator shall adjust the overflight fees established by 

16 subsection (a)(1) by expedited rulemaking and begin 

17 collections under the adjusted fees by October 1, 

18 2010. In developing the adjusted overflight fees, the 

19 Administrator shall seek and consider the rec20 ommendations, if any, offered by the Aviation Rule21 making Committee for Overflight Fees that are in22 tended to ensure that overflight fees are reasonably 

23 related to the Administrator’s costs of providing air 

24 traffic control and related services to overflights. In 

25 addition, the Administrator may periodically modify 
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1 the fees established under this section either on the 

2 Administrator’s own initiative or on a recommenda3 tion from the Air Traffic Control Modernization 

4 Board. 

5 ‘‘(3) COST DATA.—The adjustment of overflight 

6 fees under paragraph (2) shall be based on the costs 

7 to the Administration of providing the air traffic 

8 control and related activities, services, facilities, and 

9 equipment using the available data derived from the 

10 Administration’s cost accounting system and cost al11 location system to users, as well as budget and oper12 ational data. 

13 ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this 

14 section shall require the Administrator to take into 

15 account aircraft altitude in establishing any fee for 

16 aircraft operations in en route or oceanic airspace. 

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

18 term ‘costs’ means those costs associated with the 

19 operation, maintenance, debt service, and overhead 

20 expenses of the services provided and the facilities 

21 and equipment used in such services, including the 

22 projected costs for the period during which the serv23 ices will be provided. 

24 ‘‘(6) PUBLICATION; COMMENT.—The Adminis25 trator shall publish in the Federal Register any fee 
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1 schedule under this section, including any adjusted 

2 overflight fee schedule, and the associated collection 

3 process as a proposed rule, pursuant to which public 

4 comment will be sought and a final rule issued.’’. 

5 (b) ADMINISTRATIVE PROVISION.—Section 

6 45303(c)(2) is amended to read as follows: 

7 ‘‘(2) shall be available to the Administrator for 

8 expenditure for purposes authorized by Congress for 

9 the Federal Aviation Administration, however, fees 

10 established by section 45301(a)(1) of this title shall 

11 be available only to pay the cost of activities and 

12 services for which the fee is imposed, including the 

13 costs to determine, assess, review, and collect the 

14 fee; and’’. 

15 SEC. 707. TECHNICAL CORRECTIONS. 

16 Section 40122(g), as amended by section 307 of this 

17 Act, is further amended— 

18 (1) by striking ‘‘section 2302(b), relating to 

19 whistleblower protection,’’ in paragraph (2)(A) and 

20 inserting ‘‘sections 2301 and 2302,’’; 

21 (2) by striking ‘‘and’’ after the semicolon in 

22 paragraph (2)(H); 

23 (3) by striking ‘‘Plan.’’ in paragraph (2)(I)(iii) 

24 and inserting ‘‘Plan;’’; 
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1 (4) by adding at the end of paragraph (2) the 

2 following: 

3 ‘‘(J) section 5596, relating to back pay; 

4 and 

5 ‘‘(K) sections 6381 through 6387, relating 

6 to Family and Medical Leave.’’; and 

7 (5) by adding at the end of paragraph (3) 

8 ‘‘Notwithstanding any other provision of law, retro9 active to April 1, 1996, the Board shall have the 

10 same remedial authority over such employee appeals 

11 that it had as of March 31, 1996.’’. 

12 SEC. 708. FAA TECHNICAL TRAINING AND STAFFING. 

13 (a) STUDY.— 

14 (1) IN GENERAL.—The Comptroller General 

15 shall conduct a study of the training of airway 

16 transportation systems specialists of the Federal 

17 Aviation Administration that includes— 

18 (A) an analysis of the type of training pro19 vided to such specialists; 

20 (B) an analysis of the type of training that 

21 such specialists need to be proficient in the 

22 maintenance of the latest technologies; 

23 (C) actions that the Administration has 

24 undertaken to ensure that such specialists re25 ceive up-to-date training on such technologies; 
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1 (D) the amount and cost of training pro2 vided by vendors for such specialists; 

3 (E) the amount and cost of training pro4 vided by the Administration after developing in5 house training courses for such specialists; 

6 (F) the amount and cost of travel required 

7 of such specialists in receiving training; and 

8 (G) a recommendation regarding the most 

9 cost-effective approach to providing such train10 ing. 

11 (2) REPORT.—Within 1 year after the date of 

12 enactment of this Act, the Comptroller General shall 

13 transmit a report on the study containing the Comp14 troller General’s findings and recommendations to 

15 the Senate Committee on Commerce, Science, and 

16 Transportation and the House of Representatives 

17 Committee on Transportation and Infrastructure. 

18 (b) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date of enactment of this Act, the Administrator 

21 of the Federal Aviation Administration shall con22 tract with the National Academy of Sciences to con23 duct a study of the assumptions and methods used 

24 by the Federal Aviation Administration to estimate 

25 staffing needs for Federal Aviation Administration 
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1 air traffic controllers, system specialists, and engi2 neers to ensure proper maintenance, certification, 

3 and operation of the National Airspace System. The 

4 National Academy of Sciences shall consult with the 

5 Exclusive Bargaining Representative certified under 

6 section 7111 of title 5, United States Code, and the 

7 Administration (including the Civil Aeronautical 

8 Medical Institute) and examine data entailing 

9 human factors, traffic activity, and the technology at 

10 each facility. 

11 (2) CONTENTS.—The study shall include— 

12 (A) recommendations for objective staffing 

13 standards that maintain the safety of the Na14 tional Airspace System; and 

15 (B) the approximate length of time for de16 veloping such standards. 

17 (3) REPORT.—Not later than 24 months after 

18 executing a contract under subsection (a), the Na19 tional Academy of Sciences shall transmit a report 

20 containing its findings and recommendations to the 

21 Congress. 

22 (c) AVIATION SAFETY INSPECTORS.— 

23 (1) SAFETY STAFFING MODEL.—Within 12 

24 months after the date of enactment of this Act, the 

25 Administrator of the Federal Aviation Administra-
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1 tion shall develop a staffing model for aviation safety 

2 inspectors. In developing the model, the Adminis3 trator shall consult with representatives of the avia4 tion safety inspectors and other interested parties. 

5 (2) SAFETY INSPECTOR STAFFING.—The Fed6 eral Aviation Administration aviation safety inspec7 tor staffing requirement shall be no less than the 

8 staffing levels indicated as necessary in the staffing 

9 model described under subsection (a). 

10 (d) ALASKA FLIGHT SERVICE STATIONS.—Not later 

11 than 180 days after the date of the enactment of this Act, 

12 the Administrator, in conjunction with flight service sta13 tion personnel, shall submit a report to Congress on the 

14 future of flight service stations in Alaska, which in15 cludes— 

16 (1) an analysis of the number of flight service 

17 specialists needed, the training needed by such per18 sonnel, and the need for a formal training and hir19 ing program for such personnel; 

20 (2) a schedule for necessary inspection, up21 grades, and modernization of stations and equip22 ment; and 

23 (3) a description of the interaction between 

24 flight service stations operated by the Administra-
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1 tion and flight service stations operated by contrac2 tors. 

3 SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NA4 TIONAL PARKS. 

5 (a) SECRETARY OF THE INTERIOR AND OVER6 FLIGHTS OF NATIONAL PARKS.— 

7 (1) Section 40128 is amended— 

8 (A) by striking paragraph (8) of subsection 

9 (f); 

10 (B) by striking ‘‘Director’’ each place it 

11 appears and inserting ‘‘Secretary of the Inte12 rior’’; 

13 (C) by striking ‘‘National Park Service’’ in 

14 subsection (a)(2)(B)(vi) and inserting ‘‘Depart15 ment of the Interior’’; and 

16 (D) in subsection (b)— 

17 (i) in paragraph (1)— 

18 (I) in subparagraph (A)— 

19 (aa) by striking ‘‘, in co20 operation with’’ and inserting 

21 ‘‘and’’; and 

22 (bb) by striking ‘‘The air 

23 tour’’ and all that follows; and 

24 (II) by redesignating subpara25 graph (B) as subparagraph (C); 
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1 (III) by inserting after subpara2 graph (A) the following: 

3 ‘‘(B) PROCESS AND APPROVAL.—The Fed4 eral Aviation Administration has sole authority 

5 to control airspace over the United States. The 

6 National Park Service has the sole responsi7 bility for conserving the scenery and natural re8 sources in National Parks and providing for the 

9 enjoyment of the National Parks unimpaired 

10 for future generations. Each air tour manage11 ment plan shall be— 

12 ‘‘(i) developed through a public proc13 ess that complies with paragraph (4); and 

14 ‘‘(ii) approved by the Administrator 

15 and the Director.’’; and 

16 (IV) by adding at the end the fol17 lowing: 

18 ‘‘(D) EXCEPTION.—An application to 

19 begin commercial air tour operations at Crater 

20 Lake National Park may be denied without the 

21 establishment of an air tour management plan 

22 by the Director of the National Park Service if 

23 the Director determines that such operations 

24 would unacceptably impact park resources or 

25 visitor experiences.’’; and 
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1 (ii) in paragraph (4)(C), by striking 

2 ‘‘National Park Service’’ and inserting 

3 ‘‘Department of the Interior’’. 

4 (2) The National Parks Air Tour Management 

5 Act of 2000 (49 U.S.C. 40128 note) is amended— 

6 (A) by striking ‘‘Director’’ in section 

7 804(b) and inserting ‘‘Secretary of the Inte8 rior’’; 

9 (B) in section 805— 

10 (i) by striking ‘‘Director of the Na11 tional Park Service’’ in subsection (a) and 

12 inserting ‘‘Secretary of the Interior’’; 

13 (ii) by striking ‘‘Director’’ each place 

14 it appears and inserting ‘‘Secretary of the 

15 Interior’’; 

16 (iii) by striking ‘‘National Park Serv17 ice’’ each place it appears in subsection (b) 

18 and inserting ‘‘Department of the Inte19 rior’’; 

20 (iv) by striking ‘‘National Park Serv21 ice’’ in subsection (d)(2) and inserting 

22 ‘‘Department of the Interior’’; and 

23 (C) in section 807— 
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1 (i) by striking ‘‘National Park Serv2 ice’’ in subsection (a)(1) and inserting 

3 ‘‘Department of the Interior’’; and 

4 (ii) by striking ‘‘Director of the Na5 tional Park Service’’ in subsection (b) and 

6 inserting ‘‘Secretary of the Interior’’. 

7 (b) ALLOWING OVERFLIGHTS IN CASE OF AGREE8 MENT.—Paragraph (1) of subsection (a) of section 40128 

9 is amended— 

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

11 subparagraph (B); 

12 (2) by striking ‘‘lands.’’ in subparagraph (C) 

13 and inserting ‘‘lands; and’’; and 

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

15 ‘‘(D) in accordance with a voluntary agree16 ment between the commercial air tour operator 

17 and appropriate representatives of the national 

18 park or tribal lands, as the case may be.’’. 

19 (c) MODIFICATION OF INTERIM OPERATING AU20 THORITY.—Section 40128(c)(2)(I) is amended to read as 

21 follows: 

22 ‘‘(I) may allow for modifications of the in23 terim operating authority without further envi24 ronmental process, if— 
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1 ‘‘(i) adequate information on the ex2 isting and proposed operations of the com3 mercial air tour operator is provided to the 

4 Administrator and the Secretary by the op5 erator seeking operating authority; 

6 ‘‘(ii) the Administrator determines 

7 that the modifications would not adversely 

8 affect aviation safety or the management 

9 of the national airspace system; and 

10 ‘‘(iii) the Secretary agrees that the 

11 modifications would not adversely affect 

12 park resources and visitor experiences.’’. 

13 (d) REPORTING REQUIREMENTS FOR COMMERCIAL

14 AIR TOUR OPERATORS.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of the enactment of this Act, and annually 

17 thereafter, each commercial air tour conducting com18 mercial air tour operations over a national park shall 

19 report to the Administrator of the Federal Aviation 

20 Administration and the Secretary of the Interior 

21 on— 

22 (A) the number of commercial air tour op23 erations conducted by such operator over the 

24 national park each day; 
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1 (B) any relevant characteristics of com2 mercial air tour operations, including the 

3 routes, altitudes, duration, and time of day of 

4 flights; and 

5 (C) such other information as the Adminis6 trator and the Secretary may determine nec7 essary to administer the provisions of the Na8 tional Parks Air Tour Management Act of 2000 

9 (49 U.S.C. 40128 note). 

10 (2) FORMAT.—The report required by para11 graph (1) shall be submitted in such form as the Ad12 ministrator and the Secretary determine to be ap13 propriate. 

14 (3) EFFECT OF FAILURE TO REPORT.—The Ad15 ministrator shall rescind the operating authority of 

16 a commercial air tour operator that fails to file a re17 port not later than 180 days after the date for the 

18 submittal of the report described in paragraph (1). 

19 (4) AUDIT OF REPORTS.—Not later than 2 

20 years after the date of the enactment of this Act, 

21 and at such times thereafter as the Inspector Gen22 eral of the Department of Transportation determines 

23 necessary, the Inspector General shall audit the re24 ports required by paragraph (1). 
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1 (e) COLLECTION OF FEES FROM AIR TOUR OPER2 ATIONS.— 

3 (1) IN GENERAL.—The Secretary of the Inte4 rior shall assess a fee in an amount determined by 

5 the Secretary under paragraph (2) on a commercial 

6 air tour operator conducting commercial air tour op7 erations over a national park. 

8 (2) AMOUNT OF FEE.—In determining the 

9 amount of the fee assessed under paragraph (1), the 

10 Secretary shall collect sufficient revenue, in the ag11 gregate, to pay for the expenses incurred by the 

12 Federal Government to develop air tour management 

13 plans for national parks. 

14 (3) EFFECT OF FAILURE TO PAY FEE.—The 

15 Administrator of the Federal Aviation Administra16 tion shall revoke the operating authority of a com17 mercial air tour operator conducting commercial air 

18 tour operations over any national park, including the 

19 Grand Canyon National Park, that has not paid the 

20 fee assessed by the Secretary under paragraph (1) 

21 by the date that is 180 days after the date on which 

22 the Secretary determines the fee shall be paid. 

23 (f) FUNDING FOR AIR TOUR MANAGEMENT

24 PLANS.—The Secretary of the Interior shall use the 

25 amounts collected under subsection (e) to develop air tour 
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1 management plans under section 40128(b) of title 49, 

2 United States Code, for the national parks the Secretary 

3 determines would most benefit from such a plan. 

4 (g) GUIDANCE TO DISTRICT OFFICES ON COMMER5 CIAL AIR TOUR OPERATORS.—The Administrator of the 

6 Federal Aviation Administration shall provide to the Ad7 ministration’s district offices clear guidance on the ability 

8 of commercial air tour operators to obtain— 

9 (1) increased safety certifications; 

10 (2) exemptions from regulations requiring safe11 ty certifications; and 

12 (3) other information regarding compliance 

13 with the requirements of this Act and other Federal 

14 and State laws and regulations. 

15 (h) OPERATING AUTHORITY OF COMMERCIAL AIR

16 TOUR OPERATORS.— 

17 (1) TRANSFER OF OPERATING AUTHORITY.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), a commercial air tour operator that 

20 obtains operating authority from the Adminis21 trator under section 40128 of title 49, United 

22 States Code, to conduct commercial air tour op23 erations may transfer such authority to another 

24 commercial air tour operator at any time. 
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1 (B) NOTICE.—Not later than 30 days be2 fore the date on which a commercial air tour 

3 operator transfers operating authority under 

4 subparagraph (A), the operator shall notify the 

5 Administrator and the Secretary of the intent 

6 of the operator to transfer such authority. 

7 (C) REGULATIONS.—Not later than 180 

8 days after the date of the enactment of this 

9 Act, the Administrator shall prescribe regula10 tions to allow transfers of operating authority 

11 described in subparagraph (A). 

12 (2) TIME FOR DETERMINATION REGARDING OP13 ERATING AUTHORITY.—Notwithstanding any other 

14 provision of law, the Administrator shall determine 

15 whether to grant a commercial air tour operator op16 erating authority under section 40128 of title 49, 

17 United States Code, not later than 180 days after 

18 the earlier of the date on which— 

19 (A) the operator submits an application; or 

20 (B) an air tour management plan is com21 pleted for the national park over which the op22 erator seeks to conduct commercial air tour op23 erations. 

24 (3) INCREASE IN INTERIM OPERATING AUTHOR25 ITY.—The Administrator and the Secretary may in-
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1 crease the interim operating authority while an air 

2 tour management plan is being developed for a park 

3 if— 

4 (A) the Secretary determines that such an 

5 increase does not adversely impact park re6 sources or visitor experiences; and 

7 (B) the Administrator determines that 

8 granting interim operating authority does not 

9 adversely affect aviation safety or the manage10 ment of the national airspace system. 

11 (4) ENFORCEMENT OF OPERATING AUTHOR12 ITY.—The Administrator is authorized and directed 

13 to enforce the requirements of this Act and any 

14 agency rules or regulations related to operating au15 thority. 

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

17 (a) IN GENERAL.—Subchapter II of chapter 475 is 

18 amended by adding at the end the following: 

19 ‘‘§ 47534. Prohibition on operating certain aircraft 

20 weighing 75,000 pounds or less not com21 plying with Stage 3 noise levels 

22 ‘‘(a) PROHIBITION.—Except as provided in sub23 section (b), (c), or (d), a person may not operate a civil 

24 subsonic turbojet with a maximum weight of 75,000 

25 pounds or less to or from an airport in the United States 
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1 unless the Secretary of Transportation finds that the air2 craft complies with stage 3 noise levels. 

3 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

4 aircraft operated only outside the 48 contiguous States. 

5 ‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 

6 airport where the airport operator has notified the Sec7 retary that it wants to continue to permit the operation 

8 of civil subsonic turbojets with a maximum weight of 

9 75,000 pounds or less that do not comply with stage 3 

10 noise levels. The Secretary shall post the notices received 

11 under this subsection on its website or in another place 

12 easily accessible to the public. 

13 ‘‘(d) LIMITATION.—The Secretary shall permit a per14 son to operate Stage 1 and Stage 2 aircraft with a max15 imum weight of 75,000 pounds or less to or from an air16 port in the contiguous 48 States in order— 

17 ‘‘(1) to sell, lease, or use the aircraft outside 

18 the 48 contiguous States; 

19 ‘‘(2) to scrap the aircraft; 

20 ‘‘(3) to obtain modifications to the aircraft to 

21 meet stage 3 noise levels; 

22 ‘‘(4) to perform scheduled heavy maintenance 

23 or significant modifications on the aircraft at a 

24 maintenance facility located in the contiguous 48 

25 states; 
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1 ‘‘(5) to deliver the aircraft to an operator leas2 ing the aircraft from the owner or return the air3 craft to the lessor; 

4 ‘‘(6) to prepare or park or store the aircraft in 

5 anticipation of any of the activities described in 

6 paragraphs (1) through (5); or 

7 ‘‘(7) to divert the aircraft to an alternative air8 port in the 48 contiguous States on account of 

9 weather, mechanical, fuel air traffic control or other 

10 safety reasons while conducting a flight in order to 

11 perform any of the activities described in paragraphs 

12 (1) through (6). 

13 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the 

14 section may be construed as interfering with, nullifying, 

15 or otherwise affecting determinations made by the Federal 

16 Aviation Administration, or to be made by the Administra17 tion, with respect to applications under part 161 of title 

18 14, Code of Federal Regulations, that were pending on 

19 the date of enactment of the Aircraft Noise Reduction Act 

20 of 2006.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Section 47531 is amended by striking 

23 ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 

24 47534’’. 
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1 (2) Section 47532 is amended by striking 

2 ‘‘47528–47531’’ and inserting ‘‘47528 through 

3 47531 or 47534’’. 

4 (3) The table of contents for chapter 475 is 

5 amended by inserting after the item relating to sec6 tion 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or 

less not complying with Stage 3 noise levels’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on December 31, 2014. 

9 SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT. 

10 On and after the date of the enactment of this Act, 

11 the Administrator of the Federal Aviation Administration 

12 is prohibited from taking actions designed to challenge or 

13 influence weight restrictions or prior permission rules at 

14 Teterboro Airport in Teterboro, New Jersey, except in an 

15 emergency. 

16 SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIR17 PORT PROPERTIES. 

18 (a) IN GENERAL.—Within 1 year after the date of 

19 enactment of this Act, the Administrator of the Federal 

20 Aviation Administration shall establish a pilot program at 

21 up to 4 public-use airports for local airport operators that 

22 have submitted a noise compatibility program approved by 

23 the Federal Aviation Administration under section 47504 

24 of title 49, United States Code, under which such airport 
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1 operators may use funds made available under section 

2 47117(e) of that title, or passenger facility revenue col3 lected under section 40117 of that title, in partnership 

4 with affected neighboring local jurisdictions, to support 

5 joint planning, engineering design, and environmental per6 mitting for the assembly and redevelopment of property 

7 purchased with noise mitigation funds or passenger facil8 ity charge funds, to encourage airport-compatible land 

9 uses and generate economic benefits to the local airport 

10 authority and adjacent community. 

11 (b) NOISE COMPATIBILITY MEASURES.—Section 

12 47504(a)(2) is amended— 

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

14 subparagraph (D); 

15 (2) by striking ‘‘operations.’’ in subparagraph 

16 (E) and inserting ‘‘operations; and’’; and 

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

18 ‘‘(F) joint comprehensive land use planning in19 cluding master plans, traffic studies, environmental 

20 evaluation and economic and feasibility studies, with 

21 neighboring local jurisdictions undertaking commu22 nity redevelopment in the area where the land or 

23 other property interest acquired by the airport oper24 ator pursuant to this subsection is located, to en25 courage and enhance redevelopment opportunities 
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1 that reflect zoning and uses that will prevent the in2 troduction of additional incompatible uses and en3 hance redevelopment potential.’’. 

4 (c) GRANT REQUIREMENTS.—The Administrator 

5 may not make a grant under subsection (a) unless the 

6 grant is made— 

7 (1) to enable the airport operator and local ju8 risdictions undertaking the community redevelop9 ment effort to expedite redevelopment efforts; 

10 (2) subject to a requirement that the local juris11 diction governing the property interests in question 

12 has adopted zoning regulations that permit airport 

13 compatible redevelopment; and 

14 (3) subject to a requirement that, in deter15 mining the part of the proceeds from disposing of 

16 the land that is subject to repayment or reinvest17 ment under section 47107(c)(2)(A) of title 49, 

18 United States Code, the total amount of the grant 

19 issued under this section shall be added to the 

20 amount of any grants issued for acquisition of land. 

21 (d) DEMONSTRATION GRANTS.— 

22 (1) IN GENERAL.—The Administrator shall pro23 vide grants for up to 4 pilot property redevelopment 

24 projects distributed geographically and targeted to 

25 airports that demonstrate— 
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1 (A) a readiness to implement cooperative 

2 land use management and redevelopment plans 

3 with the adjacent community; and 

4 (B) the probability of clear economic ben5 efit to the local community and financial return 

6 to the airport through the implementation of 

7 the redevelopment plan. 

8 (2) FEDERAL SHARE.— 

9 (A) Notwithstanding any other provision of 

10 law, the Federal share of the allowable costs of 

11 a project carried out under the pilot program 

12 shall be 80 percent. 

13 (B) In determining the allowable costs, the 

14 Administrator shall deduct from the total costs 

15 of the activities described in subsection (a) that 

16 portion of the costs which is equal to that por17 tion of the total property to be redeveloped 

18 under this section that is not owned or to be ac19 quired by the airport operator pursuant to the 

20 noise compatibility program or that is not 

21 owned by the affected neighboring local juris22 dictions or other public entities. 

23 (3) MAXIMUM AMOUNT.—Not more than 

24 $5,000,000 in funds made available under section 

25 47117(e) of title 49, United States Code, may be ex-
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1 pended under the pilot program at any single public2 use airport. 

3 (4) EXCEPTION.—Amounts paid to the Admin4 istrator under subsection (c)(3)— 

5 (A) shall be in addition to amounts author6 ized under section 48203 of title 49, United 

7 States Code; 

8 (B) shall not be subject to any limitation 

9 on grant obligations for any fiscal year; and 

10 (C) shall remain available until expended. 

11 (e) USE OF PASSENGER REVENUE.—An airport 

12 sponsor that owns or operates an airport participating in 

13 the pilot program may use passenger facility revenue col14 lected under section 40117 of title 49, United States Code, 

15 to pay any project cost described in subsection (a) that 

16 is not financed by a grant under the program. 

17 (f) SUNSET.—This section, other than the amend18 ments made by subsections (b), shall not be in effect after 

19 September 30, 2011. 

20 (g) REPORT TO CONGRESS.—The Administrator shall 

21 report to Congress within 18 months after making the 

22 first grant under this section on the effectiveness of this 

23 program on returning part 150 lands to productive use. 
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1 SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS. 

2 (a) IN GENERAL.—Subchapter I of chapter 417 is 

3 amended by adding at the end thereof the following: 

4 ‘‘§ 41724. Musical instruments 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG7 GAGE.—An air carrier providing air transportation 

8 shall permit a passenger to carry a violin, guitar, or 

9 other musical instrument in the aircraft cabin with10 out charge if— 

11 ‘‘(A) the instrument can be stowed safely 

12 in a suitable baggage compartment in the air13 craft cabin or under a passenger seat; and 

14 ‘‘(B) there is space for such stowage at the 

15 time the passenger boards the aircraft. 

16 ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG17 GAGE.—An air carrier providing air transportation 

18 shall permit a passenger to carry a musical instru19 ment that is too large to meet the requirements of 

20 paragraph (1) in the aircraft cabin without charge 

21 if— 

22 ‘‘(A) the instrument is contained in a case 

23 or covered so as to avoid injury to other pas24 sengers; 
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1 ‘‘(B) the weight of the instrument, includ2 ing the case or covering, does not exceed 165 

3 pounds; 

4 ‘‘(C) the instrument can be secured by a 

5 seat belt to avoid shifting during flight; 

6 ‘‘(D) the instrument does not restrict ac7 cess to, or use of, any required emergency exit, 

8 regular exit, or aisle; 

9 ‘‘(E) the instrument does not obscure any 

10 passenger’s view of any illuminated exit, warn11 ing, or other informational sign; 

12 ‘‘(F) neither the instrument nor the case 

13 contains any object not otherwise permitted to 

14 be carried in an aircraft cabin because of a law 

15 or regulation of the United States; and 

16 ‘‘(G) the passenger wishing to carry the in17 strument in the aircraft cabin has purchased an 

18 additional seat to accommodate the instrument. 

19 ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG20 GAGE.—An air carrier shall transport as baggage, 

21 without charge, a musical instrument that is the 

22 property of a passenger traveling in air transpor23 tation that may not be carried in the aircraft cabin 

24 if— 
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1 ‘‘(A) the sum of the length, width, and 

2 height measured in inches of the outside linear 

3 dimensions of the instrument (including the 

4 case) does not exceed 150 inches; and 

5 ‘‘(B) the weight of the instrument does not 

6 exceed 165 pounds. 

7 ‘‘(b) REGULATIONS.—The Secretary may prescribe 

8 such regulations as may be necessary or appropriate to 

9 implement subsection (a).’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents for chapter 417 is amended by inserting after the 

12 item relating to section 41723 the following: 

‘‘41724. Musical instruments’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect 30 days after the date of en15 actment of this Act. 

16 SEC. 714. RECYCLING PLANS FOR AIRPORTS. 

17 (a) AIRPORT PLANNING.—Section 47102(5) is 

18 amended by striking ‘‘planning.’’ and inserting ‘‘planning 

19 and a plan for recycling and minimizing the generation 

20 of airport solid waste, consistent with applicable State and 

21 local recycling laws, including the cost of a waste audit.’’. 

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

23 (1) by striking ‘‘and’’ in paragraph (4); 

24 (2) by striking ‘‘proposed.’’ in paragraph (5) 

25 and inserting ‘‘proposed; and’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘(6) if the project is for an airport that has an 

3 airport master plan, the master plan addresses— 

4 ‘‘(A) the feasibility of solid waste recycling 

5 at the airport; 

6 ‘‘(B) minimizing the generation of solid 

7 waste at the airport; 

8 ‘‘(C) operation and maintenance require9 ments; 

10 ‘‘(D) the review of waste management con11 tracts; 

12 ‘‘(E) the potential for cost savings or the 

13 generation of revenue; and 

14 ‘‘(F) training and education require15 ments.’’. 

16 SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PRO17 GRAM ADJUSTMENTS. 

18 (a) PURPOSE.—It is the purpose of the airport dis19 advantaged business enterprise program (49 U.S.C. 

20 47107(e) and 47113) to ensure that minority- and women21 owned businesses do not face barriers because of their race 

22 or gender and so that they have a fair opportunity to com23 pete in Federally assisted airport contracts and conces24 sions. 

25 (b) FINDINGS.—The Congress finds the following: 
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1 (1) While significant progress has occurred due 

2 to the enactment of the airport disadvantaged busi3 ness enterprise program (49 U.S.C. 47107(e) and 

4 47113), discrimination continues to be a barrier for 

5 minority- and women-owned businesses seeking to do 

6 business in airport-related markets. This continuing 

7 barrier merits the continuation of the airport dis8 advantaged business enterprise program. 

9 (2) The Congress has received recent evidence 

10 of discrimination from numerous sources, including 

11 congressional hearings and roundtables, scientific re12 ports, reports issued by public and private agencies, 

13 news stories, reports of discrimination by organiza14 tions and individuals, and discrimination lawsuits. 

15 This evidence also shows that race- and gender-neu16 tral efforts alone are insufficient to address the 

17 problem. 

18 (3) This evidence demonstrates that discrimina19 tion across the nation poses a barrier to full and fair 

20 participation in airport related businesses of women 

21 business owners and minority business owners in the 

22 racial groups detailed in parts 23 and 26 of title 49, 

23 Code of Federal Regulations, and has impacted firm 

24 development and many aspects of airport related 

25 business in the public and private markets. 
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1 (4) This evidence provides a strong basis for 

2 the continuation of the airport disadvantaged busi3 ness enterprise program and the airport concessions 

4 disadvantaged business enterprise program. 

5 (c) IN GENERAL.—Section 47107(e) is amended— 

6 (1) by redesignating paragraph (8) as 

7 paragraph (9); and 

8 (2) by inserting after paragraph (7) the 

9 following: 

10 ‘‘(8) MANDATORY TRAINING PROGRAM FOR

11 AIRPORT CONCESSIONS.— 

12 ‘‘(A) IN GENERAL.—Not later than 

13 one year after the date of enactment of the 

14 FAA Air Transportation Modernization 

15 and Safety Improvement Act, the Sec16 retary shall establish a mandatory training 

17 program for persons described in subpara18 graph (C) on the certification of whether a 

19 small business concern in airport conces20 sions qualifies as a small business concern 

21 owned and controlled by a socially and eco22 nomically disadvantaged individual for pur23 poses of paragraph (1). 

24 ‘‘(B) IMPLEMENTATION.—The train25 ing program may be implemented by one 
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1 or more private entities approved by the 

2 Secretary. 

3 ‘‘(C) PARTICIPANTS.—A person re4 ferred to in paragraph (1) is an official or 

5 agent of an airport owner or operator who 

6 is required to provide a written assurance 

7 under paragraph (1) that the airport 

8 owner or operator will meet the percentage 

9 goal of paragraph (1) or who is responsible 

10 for determining whether or not a small 

11 business concern in airport concessions 

12 qualifies as a small business concern owned 

13 and controlled by a socially and economi14 cally disadvantaged individual for purposes 

15 of paragraph (1). 

16 ‘‘(D) AUTHORIZATION OF APPROPRIA17 TIONS.—There are authorized to be appro18 priated to the Secretary such sums as may 

19 be necessary to carry out this paragraph.’’. 

20 (d) REPORT.—Not later than 24 months after the 

21 date of enactment of this Act, the Secretary shall submit 

22 a report to the Senate Committee on Commerce, Science, 

23 and Transportation, the House of Representatives Com24 mittee on Transportation and Infrastructure, and other 

25 appropriate committees of Congress on the results of the 
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1 training program conducted under section 47107(e)(8) of 

2 title 49, United States Code, as added by subsection (a). 

3 (e) DISADVANTAGED BUSINESS ENTERPRISE PER4 SONAL NET WORTH CAP; BONDING REQUIREMENTS.— 

5 Section 47113 is amended by adding at the end the fol6 lowing: 

7 ‘‘(e) PERSONAL NET WORTH CAP.—Not later than 

8 180 days after the date of enactment of the FAA Air 

9 Transportation Modernization and Safety Improvement 

10 Act, the Secretary shall issue final regulations to adjust 

11 the personal net worth cap used in determining whether 

12 an individual is economically disadvantaged for purposes 

13 of qualifying under the definition contained in subsection 

14 (a)(2) and under section 47107(e). The regulations shall 

15 correct for the impact of inflation since the Small Business 

16 Administration established the personal net worth cap at 

17 $750,000 in 1989. 

18 ‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 

19 ‘‘(1) IN GENERAL.—In calculating a business 

20 owner’s personal net worth, any funds held in a 

21 qualified retirement account owned by the business 

22 owner shall be excluded, subject to regulations to be 

23 issued by the Secretary. 

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

25 after the date of enactment of the FAA Air Trans-
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1 portation Modernization and Safety Improvement 

2 Act, the Secretary shall issue final regulations to im3 plement paragraph (1), including consideration of 

4 appropriate safeguards, such as a limit on the 

5 amount of such accounts, to prevent circumvention 

6 of personal net worth requirements. 

7 ‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINA8 TORY BONDING REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a program to eliminate barriers to small busi11 ness participation in airport-related contracts and 

12 concessions by prohibiting excessive, unreasonable, 

13 or discriminatory bonding requirements for any 

14 project funded under this chapter or using passenger 

15 facility revenues under section 40117. 

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

17 after the date of enactment of the FAA Air Trans18 portation Modernization and Safety Improvement 

19 Act, the Secretary shall issue a final rule to establish 

20 the program under paragraph (1).’’. 

21 SEC. 716. FRONT LINE MANAGER STAFFING. 

22 (a) STUDY.—Not later than 45 days after the date 

23 of enactment of this Act, the Administrator of the Federal 

24 Aviation Administration shall initiate a study on front line 
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1 manager staffing requirements in air traffic control facili2 ties. 

3 (b) CONSIDERATIONS.—In conducting the study, the 

4 Administrator may take into consideration— 

5 (1) the number of supervisory positions of oper6 ation requiring watch coverage in each air traffic 

7 control facility; 

8 (2) coverage requirements in relation to traffic 

9 demand; 

10 (3) facility type; 

11 (4) complexity of traffic and managerial respon12 sibilities; 

13 (5) proficiency and training requirements; and 

14 (6) such other factors as the Administrator con15 siders appropriate. 

16 (c) DETERMINATIONS.—The Administrator shall 

17 transmit any determinations made as a result of the study 

18 to the Chief Operating Officer for the air traffic control 

19 system. 

20 (d) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Administrator shall submit 

22 to the Senate Committee on Commerce, Science, and 

23 Transportation and the House of Representatives Com24 mittee on Transportation and Infrastructure a report on 

25 the results of the study and a description of any deter-
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1 minations submitted to the Chief Operating Officer under 

2 subsection (c). 

3 SEC. 717. STUDY OF HELICOPTER AND FIXED WING AIR AM4 BULANCE SERVICES. 

5 (a) IN GENERAL.—The Comptroller General shall 

6 conduct a study of the helicopter and fixed-wing air ambu7 lance industry. The study shall include information, anal8 ysis, and recommendations pertinent to ensuring a safe 

9 air ambulance industry. 

10 (b) REQUIRED INFORMATION.—In conducting the 

11 study, the Comptroller General shall obtain detailed infor12 mation on the following aspects of the air ambulance in13 dustry: 

14 (1) A review of the industry, for part 135 cer15 tificate holders and indirect carriers providing heli16 copter and fixed-wing air ambulance services, includ17 ing— 

18 (A) a listing of the number, size, and loca19 tion of helicopter and fixed-wing aircraft and 

20 their flight bases; 

21 (B) affiliations of certificate holders and 

22 indirect carriers with hospitals, governments, 

23 and other entities; 

24 (C) coordination of air ambulance services, 

25 with each other, State and local emergency 
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1 medical services systems, referring entities, and 

2 receiving hospitals; 

3 (D) nature of services contracts, sources of 

4 payment, financial relationships between certifi5 cate holders and indirect carriers providing air 

6 ambulance services and referring entities, and 

7 costs of operations; and 

8 (E) a survey of business models for air 

9 ambulance operations, including expenses, 

10 structure, and sources of income. 

11 (2) Air ambulance request and dispatch prac12 tices, including the various types of protocols, mod13 els, training, certifications, and air medical commu14 nications centers relating to part 135 certificate 

15 holders and indirect carriers providing helicopter 

16 and fixed-wing air ambulance services, including— 

17 (A) the practices that emergency and med18 ical officials use to request an air ambulance; 

19 (B) information on whether economic or 

20 other nonmedical factors lead to air ambulance 

21 transport when it is not medically needed, ap22 propriate, or safe; and 

23 (C) the cause, occurrence, and extent of 

24 delays in air ambulance transport. 
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1 (3) Economic and medical issues relating to the 

2 air ambulance industry, including— 

3 (A) licensing; 

4 (B) certificates of need; 

5 (C) public convenience and necessity re6 quirements; 

7 (D) assignment of geographic coverage 

8 areas; 

9 (E) accreditation requirements; 

10 (F) compliance with dispatch procedures; 

11 and 

12 (G) requirements for medical equipment 

13 and personnel onboard the aircraft. 

14 (4) Such other matters as the Comptroller Gen15 eral considers relevant to the purpose of the study. 

16 (c) ANALYSIS AND RECOMMENDATIONS.—Based on 

17 information obtained under subsection (b) and other infor18 mation the Comptroller General considers appropriate, the 

19 report shall also include an analysis and specific rec20 ommendations, as appropriate, related to— 

21 (1) the relationship between State regulation 

22 and Federal preemption of rates, routes, and serv23 ices of air ambulances; 
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1 (2) the extent to which Federal law may impact 

2 existing State regulation of air ambulances and the 

3 potential effect of greater State regulation— 

4 (A) in the air ambulance industry, on the 

5 economic viability of air ambulance services, the 

6 availability and coordination of service, and 

7 costs of operations both in rural and highly 

8 populated areas; 

9 (B) on the quality of patient care and out10 comes; and 

11 (C) on competition and safety; and 

12 (3) whether systemic or other problems exist on 

13 a statewide, regional, or national basis with the cur14 rent system governing air ambulances. 

15 (d) REPORT.—Not later than June 1, 2010, the 

16 Comptroller General shall submit a report to the Secretary 

17 of Transportation, the Senate Committee on Commerce, 

18 Science, and Transportation, and the House of Represent19 atives Committee on Transportation and Infrastructure 

20 containing the Government Accountability Office’s find21 ings and recommendations regarding the study under this 

22 section. 

23 (e) ADOPTION OF RECOMMENDED POLICY

24 CHANGES.—Not later than 60 days after the date of re25 ceipt of the report under subsection (d), the Secretary 
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1 shall issue a report to the Senate Committee on Com2 merce, Science, and Transportation, and the House of 

3 Representatives Committee on Transportation and Infra4 structure that— 

5 (1) specifies which, if any, policy changes rec6 ommended by the Comptroller General and any 

7 other policy changes with respect to air ambulances 

8 the Secretary will adopt and implement; and 

9 (2) includes recommendations for legislative 

10 change, if appropriate 

11 (f) PART 135 CERTIFICATE HOLDER DEFINED.—In 

12 this section, the term ‘‘part 135 certificate holder’’ means 

13 a person holding a certificate issued under part 135 of 

14 title 14, Code of Federal Regulations. 

15 SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METRO16 POLITAN WASHINGTON AIRPORTS AUTHOR17 ITY. 

18 (a) IN GENERAL.—Section 49108 is repealed. 

19 (b) CONFORMING REPEAL.—The table of sections for 

20 chapter 491 is amended by striking the item relating to 

21 section 49108. 

22 SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY. 

23 Not later than 180 days after the date of enactment 

24 of this Act, the Administrator of the Federal Aviation Ad25 ministration, in consultation with other Federal agencies, 
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1 shall submit a report to the Senate Committee on Com2 merce, Science, and Transportation, the House of Rep3 resentatives Committee on Science and Technology, and 

4 the House of Representatives Committee on Energy and 

5 Commerce that identifies— 

6 (1) the current and anticipated need over the 

7 next decade by civil aviation, including equipment 

8 manufacturers, for aeronautical mobile telemetry 

9 services; and 

10 (2) the potential impact to the aerospace indus11 try of the introduction of a new radio service oper12 ating in the same spectrum allocated to the aero13 nautical mobile telemetry service. 

14 SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RE15 SOURCE MANAGEMENT TECHNIQUES. 

16 (a) STUDY.—The Administrator of the Federal Avia17 tion Administration shall conduct a study on aviation in18 dustry best practices with regard to flightcrew member 

19 pairing, crew resource management techniques, and pilot 

20 commuting. 

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

22 of enactment of this Act, the Administrator shall submit 

23 a report to the House of Representatives Committee on 

24 Transportation and Infrastructure and the Senate Com-
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1 mittee on Commerce, Science, and Transportation on the 

2 results of the study. 

3 SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE, 

4 REDUNDANT, OR OTHERWISE UNNECESSARY 

5 REPORTS; USE OF ELECTRONIC MEDIA FOR6 MAT. 

7 (a) CONSOLIDATION OR ELIMINATION OF RE8 PORTS.—No later than 2 years after the date of enactment 

9 of this Act, and every 2 years thereafter, the Adminis10 trator of the Federal Aviation Administration shall submit 

11 a report to the Senate Committee on Commerce, Science, 

12 and Transportation and the House of Representatives 

13 Committee on Transportation and Infrastructure con14 taining— 

15 (1) a list of obsolete, redundant, or otherwise 

16 unnecessary reports the Administration is required 

17 by law to submit to the Congress or publish that the 

18 Administrator recommends eliminating or consoli19 dating with other reports; and 

20 (2) an estimate of the cost savings that would 

21 result from the elimination or consolidation of those 

22 reports. 

23 (b) USE OF ELECTRONIC MEDIA FOR REPORTS.— 
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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, the Federal Aviation Administra3 tion— 

4 (A) may not publish any report required or 

5 authorized by law in printed format; and 

6 (B) shall publish any such report by post7 ing it on the Administration’s website in an eas8 ily accessible and downloadable electronic for9 mat. 

10 (2) EXCEPTION.—Paragraph (1) does not apply 

11 to any report with respect to which the Adminis12 trator determines that— 

13 (A) its publication in printed format is es14 sential to the mission of the Federal Aviation 

15 Administration; or 

16 (B) its publication in accordance with the 

17 requirements of paragraph (1) would disclose 

18 matter— 

19 (i) described in section 552(b) of title 

20 5, United States Code; or 

21 (ii) the disclosure of which would have 

22 an adverse impact on aviation safety or se23 curity, as determined by the Adminis24 trator. 
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1 SEC. 722. LINE CHECK EVALUATIONS. 

2 Section 44729(h) is amended— 

3 (1) by striking paragraph (2); and 

4 (2) by redesignating paragraph (3) as para5 graph (2). 

6 SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR 

7 TRAFFIC CONTROL TOWER. 

8 Not later than 90 days after the date of the enact9 ment of this Act, the Administrator of the Federal Avia10 tion Administration shall report to the Committee on 

11 Commerce, Science, and Transportation of the Senate, 

12 and the Committee on Transportation and Infrastructure 

13 of the House of Representatives, on the Federal Aviation 

14 Administration’s plan to staff the Newark Liberty Airport 

15 air traffic control tower at negotiated staffing levels within 

16 1 year after such date of enactment. 

17 SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS 

18 IN COLD WEATHER STATES. 

19 The Administrator of the Federal Aviation Adminis20 tration shall, to the maximum extent practicable, schedule 

21 the Administrator’s review of construction projects so that 

22 projects to be carried out in States in which the weather 

23 during a typical calendar year prevents major construction 

24 projects from being carried out before May 1 are reviewed 

25 as early as possible. 
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1 SEC. 725. AIR-RAIL CODESHARE STUDY. 

2 (a) CODESHARE STUDY.—Not later than 180 days 

3 after the date of the enactment of this Act, the GAO shall 

4 conduct a study of— 

5 (1) the current airline and intercity passenger 

6 rail codeshare arrangements; 

7 (2) the feasibility and costs to taxpayers and 

8 passengers of increasing intermodal connectivity of 

9 airline and intercity passenger rail facilities and sys10 tems to improve passenger travel. 

11 (b) CONSIDERATIONS.—The study shall consider— 

12 (1) the potential benefits to passengers and 

13 costs to taxpayers from the implementation of more 

14 integrated scheduling between airlines and Amtrak 

15 or other intercity passenger rail carriers achieved 

16 through codesharing arrangements; 

17 (2) airport operations that can improve 

18 connectivity to intercity passenger rail facilities and 

19 stations. 

20 (c) REPORT.—Not later than 1 year after com21 mencing the study required by subsection (a), the Comp22 troller shall submit the report to the Committee on Com23 merce, Science, and Transportation of the Senate and the 

24 Committee on Transportation and Infrastructure of the 

25 House of Representatives. The report shall include any 

26 conclusions of the Comptroller resulting from the study. 
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1 SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE 

2 NEW YORK/NEW JERSEY/PHILADELPHIA MET3 ROPOLITAN AREA AIRSPACE REDESIGN. 

4 Not later than 270 days after the date of the enact5 ment of this Act and every 180 days thereafter until the 

6 completion of the New York/New Jersey/Philadelphia Met7 ropolitan Area Airspace Redesign, the Administrator of 

8 the Federal Aviation Administration shall, in conjunction 

9 with the Port Authority of New York and New Jersey and 

10 the Philadelphia International Airport— 

11 (1) monitor the air noise impacts of the New 

12 York/New Jersey/Philadelphia Metropolitan Area 

13 Airspace Redesign; and 

14 (2) submit to Congress a report on the findings 

15 of the Administrator with respect to the monitoring 

16 described in paragraph (1). 

17 SEC. 727. STUDY ON AVIATION FUEL PRICES. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Comptroller General 

20 of the United States shall conduct a study and report to 

21 Congress on the impact of increases in aviation fuel prices 

22 on the Airport and Airway Trust Fund and the aviation 

23 industry in general. The study shall include the impact 

24 of increases in aviation fuel prices on— 

25 (1) general aviation; 

26 (2) commercial passenger aviation; 
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1 (3) piston aircraft purchase and use; 

2 (4) the aviation services industry, including re3 pair and maintenance services; 

4 (5) aviation manufacturing; 

5 (6) aviation exports; and 

6 (7) the use of small airport installations. 

7 (b) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.— 

8 In conducting the study required by subsection (a), the 

9 Comptroller General shall use the average aviation fuel 

10 price for fiscal year 2010 as a baseline and measure the 

11 impact of increases in aviation fuel prices that range from 

12 5 percent to 200 percent over the 2010 baseline. 

13 SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA 

14 SUPPLEMENTAL AIRPORT. 

15 (a) DEFINITIONS.—In this section: 

16 (1) COUNTY.—The term ‘‘County’’ means Clark 

17 County, Nevada. 

18 (2) PUBLIC LAND.—The term ‘‘public land’’ 

19 means the land located at— 

20 (A) sec. 23 and sec. 26, T. 26 S., R. 59 

21 E., Mount Diablo Meridian; 

(B) the NE 1⁄4 and the N 1⁄2 of the SE 1 22 ⁄4

23 of sec. 6, T. 25 S., R. 59 E., Mount Diablo Meridian, together with the SE 1 24 ⁄4 of sec. 31, T. 

25 24 S., R. 59 E., Mount Diablo Meridian; and 
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1 (C) sec. 8, T. 26 S., R. 60 E., Mount Dia2 blo Meridian. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (b) LAND CONVEYANCE.— 

6 (1) IN GENERAL.—As soon as practicable after 

7 the date described in paragraph (2), subject to valid 

8 existing rights, and notwithstanding the land use 

9 planning requirements of sections 202 and 203 of 

10 the Federal Land Policy and Management Act of 

11 1976 (43 U.S.C. 1712, 1713), the Secretary shall 

12 convey to the County, without consideration, all 

13 right, title, and interest of the United States in and 

14 to the public land. 

15 (2) DATE ON WHICH CONVEYANCE MAY BE

16 MADE.—The Secretary shall not make the convey17 ance described in paragraph (1) until the later of 

18 the date on which the Administrator of the Federal 

19 Aviation Administration has— 

20 (A) approved an airport layout plan for an 

21 airport to be located in the Ivanpah Valley; and 

22 (B) with respect to the construction and 

23 operation of an airport on the site conveyed to 

24 the County pursuant to section 2(a) of the 

25 Ivanpah Valley Airport Public Lands Transfer 
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1 Act (Public Law 106–362; 114 Stat. 1404), 

2 issued a record of decision after the preparation 

3 of an environmental impact statement or simi4 lar analysis required under the National Envi5 ronmental Policy Act of 1969 (42 U.S.C. 4321 

6 et seq.). 

7 (3) WITHDRAWAL.—Subject to valid existing 

8 rights, the public land to be conveyed under para9 graph (1) is withdrawn from— 

10 (A) location, entry, and patent under the 

11 mining laws; and 

12 (B) operation of the mineral leasing and 

13 geothermal leasing laws. 

14 (4) USE.—The public land conveyed under 

15 paragraph (1) shall be used for the development of 

16 flood mitigation infrastructure for the Southern Ne17 vada Supplemental Airport. 

18 SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUN19 TEER PILOTS OPERATING CHARITABLE MED20 ICAL FLIGHTS. 

21 In administering part 61.113(c) of title 14, Code of 

22 Federal Regulations, the Administrator of the Federal 

23 Aviation Administration shall allow an aircraft owner or 

24 aircraft operator who has volunteered to provide transpor25 tation for an individual or individuals for medical purposes 
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1 to accept reimbursement to cover all or part of the fuel 

2 costs associated with the operation from a volunteer pilot 

3 organization. 

4 SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS 

5 OXIDE, OR OTHER OXIDIZING GASES. 

6 (a) IN GENERAL.—The transportation within Alaska 

7 of cylinders of compressed oxygen, nitrous oxide, or other 

8 oxidizing gases aboard aircraft shall be exempt from com9 pliance with the requirements, under sections 

10 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of 

11 the Pipeline and Hazardous Material Safety Administra12 tion’s regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and 

13 173.304(f)(3) and (f)(4)), that oxidizing gases transported 

14 aboard aircraft be enclosed in outer packaging capable of 

15 passing the flame penetration and resistance test and the 

16 thermal resistance test, without regard to the end use of 

17 the cylinders, if— 

18 (1) there is no other practical means of trans19 portation for transporting the cylinders to their des20 tination and transportation by ground or vessel is 

21 unavailable; and 

22 (2) the transportation meets the requirements 

23 of subsection (b). 

24 (b) EXEMPTION REQUIREMENTS.—Subsection (a) 

25 shall not apply to the transportation of cylinders of com-
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1 pressed oxygen, nitrous oxide, or other oxidizing gases 

2 aboard aircraft unless the following requirements are met: 

3 (1) PACKAGING.— 

4 (A) SMALLER CYLINDERS.—Each cylinder 

5 with a capacity of not more than 116 cubic feet 

6 shall be— 

7 (i) fully covered with a fire or flame 

8 resistant blanket that is secured in place; 

9 and 

10 (ii) placed in a rigid outer packaging 

11 or an ATA 300 Category 1 shipping con12 tainer. 

13 (B) LARGER CYLINDERS.—Each cylinder 

14 with a capacity of more than 116 cubic feet but 

15 not more than 281 cubic feet shall be— 

16 (i) secured within a frame; 

17 (ii) fully covered with a fire or flame 

18 resistant blanket that is secured in place; 

19 and 

20 (iii) fitted with a securely attached 

21 metal cap of sufficient strength to protect 

22 the valve from damage during transpor23 tation. 

24 (2) OPERATIONAL CONTROLS.— 
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1 (A) STORAGE; ACCESS TO FIRE EXTIN2 GUISHERS.—Unless the cylinders are stored in 

3 a Class C cargo compartment or its equivalent 

4 on the aircraft, crew members shall have access 

5 to the cylinders and at least 2 fire extinguishers 

6 shall be readily available for use by the crew 

7 members. 

8 (B) SHIPMENT WITH OTHER HAZARDOUS

9 MATERIALS.—The cylinders may not be trans10 ported in the same aircraft with other haz11 ardous materials other than Division 2.2 mate12 rials with no subsidiary risk, Class 9 materials, 

13 and ORM–D materials. 

14 (3) AIRCRAFT REQUIREMENTS.— 

15 (A) AIRCRAFT TYPE.—The transportation 

16 shall be provided only aboard a passenger-car17 rying aircraft or a cargo aircraft. 

18 (B) PASSENGER-CARRYING AIRCRAFT.— 

19 (i) SMALLER CYLINDERS ONLY.—A 

20 cylinder with a capacity of more than 116 

21 cubic feet may not be transported aboard 

22 a passenger-carrying aircraft. 

23 (ii) MAXIMUM NUMBER.—Unless 

24 transported in a Class C cargo compart25 ment or its equivalent, no more than 6 cyl-
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1 inders in each cargo compartment may be 

2 transported aboard a passenger-carrying 

3 aircraft. 

4 (C) CARGO AIRCRAFT.—A cylinder may 

5 not be transported aboard a cargo aircraft un6 less it is transported in a Class B cargo com7 partment or a Class C cargo compartment or 

8 its equivalent. 

9 (c) DEFINITIONS.—Terms used in this section shall 

10 have the meaning given those terms in parts 106, 107, 

11 and 171 through 180 of the Pipeline and Hazardous Ma12 terial Safety Administration’s regulations (49 C.F.R. 

13 parts 106, 107, and 171–180). 

14 SEC. 731. TECHNICAL CORRECTION. 

15 Section 159(b)(2)(C) of title I of division A of the 

16 Consolidated Appropriations Act, 2010, is amended by 

17 striking clauses (i) and (ii) and inserting the following: 

18 ‘‘(i) requiring inspections of any con19 tainer containing a firearm or ammunition; 

20 and 

21 ‘‘(ii) the temporary suspension of fire22 arm carriage service if credible intelligence 

23 information indicates a threat related to 

24 the national rail system or specific routes 

25 or trains.’’. 
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1 SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON 

2 COMMERCIAL FLIGHTS. 

3 (a) PLAN DEVELOPMENT.—Not later than 270 days 

4 after the date of the enactment of this Act, the Secretary 

5 of Transportation and the Secretary of Commerce, in con6 sultation with interested representatives of the aviation in7 dustry and other relevant agencies, shall develop a plan 

8 and process to allow Federal agencies to fly scientific in9 struments on commercial flights with airlines who volun10 teer, for the purpose of taking measurements to improve 

11 weather forecasting. 

12 SEC. 733. PROHIBITION AGAINST AIMING A LASER POINTER 

13 AT AN AIRCRAFT. 

14 (a) OFFENSE.—Chapter 2 of title 18, United States 

15 Code, is amended by adding at the end the following: 

16 ‘‘§ 39A. Aiming a laser pointer at an aircraft 

17 ‘‘(a) Whoever knowingly aims the beam of a laser 

18 pointer at an aircraft in the special aircraft jurisdiction 

19 of the United States, or at the flight path of such an air20 craft, shall be fined under this title or imprisoned not 

21 more than 5 years, or both. 

22 ‘‘(b) As used in this section, the term ‘laser pointer’ 

23 means any device designed or used to amplify electro24 magnetic radiation by stimulated emission that emits a 

25 beam designed to be used by the operator as a pointer 
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1 or highlighter to indicate, mark, or identify a specific posi2 tion, place, item, or object. 

3 ‘‘(c) This section does not prohibit aiming a beam 

4 of a laser pointer at an aircraft, or the flight path of such 

5 an aircraft, by— 

6 ‘‘(1) an authorized individual in the conduct of 

7 research and development or flight test operations 

8 conducted by an aircraft manufacturer, the Federal 

9 Aviation Administration, or any other person author10 ized by the Federal Aviation Administration to con11 duct such research and development or flight test 

12 operations; 

13 ‘‘(2) members or elements of the Department of 

14 Defense or Department of Homeland Security acting 

15 in an official capacity for the purpose of research, 

16 development, operations, testing or training; or 

17 ‘‘(3) by an individual using a laser emergency 

18 signaling device to send an emergency distress sig19 nal. 

20 ‘‘(d) The Attorney General, in consultation with the 

21 Secretary of Transportation, may provide by regulation, 

22 after public notice and comment, such additional excep23 tions to this section, as may be necessary and appropriate. 

24 The Attorney General shall provide written notification of 

25 any proposed regulations under this section to the Com-
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1 mittees on the Judiciary of the Senate and the House of 

2 Representatives, the Committee on Commerce, Science 

3 and Transportation of the Senate, and the Committee on 

4 Transportation and Infrastructure of the House of Rep5 resentatives, not less than 90 days before such regulations 

6 become final.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 2 of title 18, United States 

9 Code, is amended by inserting after the item relating to 

10 section 39 the following new item: 

‘‘39A. Aiming a laser pointer at an aircraft.’’. 

11 SEC. 734. CRIMINAL PENALTY FOR UNAUTHORIZED RE12 CORDING OR DISTRIBUTION OF SECURITY 

13 SCREENING IMAGES. 

14 (a) IN GENERAL.—Part I of title 18, United States 

15 Code, is amended by adding at the end the following: 

16 ‘‘CHAPTER 124—UNAUTHORIZED RECORD17 ING AND DISTRIBUTION OF SECURITY 

18 SCREENING IMAGES 

‘‘Sec. 

‘‘2731. Criminal penalty for unauthorized recording and distribution of security 

screening images. 

19 ‘‘SEC. 2731. CRIMINAL PENALTY FOR UNAUTHORIZED RE20 CORDING AND DISTRIBUTION OF SECURITY 

21 SCREENING IMAGES. 

22 ‘‘(a) IN GENERAL.—Except as specifically provided 

23 in subsection (b), it shall be unlawful for an individual— 
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1 ‘‘(1) to photograph or otherwise record an 

2 image produced using advanced imaging technology 

3 during the screening of an individual at an airport, 

4 or upon entry into any building owned or operated 

5 by the Federal Government, without express author6 ization pursuant to a Federal law or regulation; or 

7 ‘‘(2) to knowingly distribute any such image to 

8 any individual who is not authorized pursuant to a 

9 Federal law or regulation to receive the image. 

10 ‘‘(b) EXCEPTION.—The prohibition under subsection 

11 (a) shall not apply to an individual who, while engaged 

12 in or on account of the performance of official duties, dis13 tributes, photographs, or otherwise records an image de14 scribed in subsection (a) during the course of authorized 

15 intelligence activities, a Federal, State, or local criminal 

16 investigation or prosecution, or other lawful activities by 

17 Federal, State, or local authorities, including training for 

18 intelligence or law enforcement purposes. 

19 ‘‘(c) PENALTY.—An individual who violates the pro20 hibition in subsection (a) shall be fined under this title, 

21 imprisoned for not more than 1 year, or both. 

22 ‘‘(d) ADVANCED IMAGING TECHNOLOGY DEFINED.— 

23 In this section, the term ‘advanced imaging technology’— 

24 ‘‘(1) means a device that creates a visual image 

25 of an individual showing the surface of the skin be-
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1 neath clothing and revealing other objects on the 

2 body that are covered by clothing; 

3 ‘‘(2) may include devices using backscatter x4 rays or millimeter waves and devices referred to as 

5 ‘whole-body imaging technology’ or ‘body scanning’; 

6 and 

7 ‘‘(3) does not include a device equipped with 

8 software that produces a generic representation of 

9 the human form instead of a visual image of an indi10 vidual.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of chapters for part I of title 18, United States 

13 Code, is amended by inserting after the item relating to 

14 chapter 123 the following: 

‘‘124. Unauthorized recording and distribution of security screening images ............................................................................... 2731’’. 

15 SEC. 735. APPROVAL OF APPLICATIONS FOR THE SECURITY 

16 SCREENING OPT-OUT PROGRAM. 

17 Section 44920(b) of title 49, United States Code, is 

18 amended to read as follows: 

19 ‘‘(b) APPROVAL OF APPLICATIONS.— 

20 ‘‘(1) IN GENERAL.—Not later than 30 days 

21 after receiving an application submitted under sub22 section (a), the Under Secretary may approve the 

23 application. 
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1 ‘‘(2) RECONSIDERATION OF REJECTED APPLI2 CATIONS.—Not later than 30 days after the date of 

3 the enactment of the FAA Air Transportation Mod4 ernization and Safety Improvement Act, the Under 

5 Secretary shall reconsider and approve any applica6 tion to have the screening of passengers and prop7 erty at an airport carried out by the screening per8 sonnel of a qualified private screening company that 

9 was submitted under subsection (a) and was pending 

10 on any day between January 1, 2011, and February 

11 3, 2011, if Under Secretary determines that the ap12 plication demonstrates that having the screening of 

13 passengers and property carried out by such screen14 ing personnel will provide security that is equal to 

15 or greater than the level that would be provided by 

16 Federal Government personnel. 

17 ‘‘(3) REPORT.—If the Under Secretary denies 

18 an application submitted under subsection (a), the 

19 Under Secretary shall submit to the Committee on 

20 Commerce, Science, and Transportation of the Sen21 ate and the Committee on Transportation and Infra22 structure of the House of Representatives a report 

23 that describes the reason for the denial of the appli24 cation.’’. 
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1 SEC. 736. CONVEYANCE OF LAND TO CITY OF MESQUITE, 

2 NEVADA. 

3 (a) DEFINITIONS.— 

4 (1) CITY.—The term ‘‘city’’ means the city of 

5 Mesquite, Nevada. 

6 (2) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Mesquite Airport Conveyance’’ and dated 

8 February 6, 2011. 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior, acting through the Bu11 reau of Land Management. 

12 (b) CONVEYANCE OF LAND TO CITY.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, subject to valid 

15 existing rights, and notwithstanding the land use 

16 planning requirements of sections 202 and 203 of 

17 the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1712, 1713), the Secretary shall 

19 convey to the city, without consideration, all right, 

20 title, and interest of the United States in and to the 

21 land described in paragraph (2). 

22 (2) DESCRIPTION OF LAND.—The land referred 

23 to in paragraph (1) consists of land managed by the 

24 Bureau of Land Management described on the map 

25 as ‘‘Remnant Parcel’’. 

26 (3) MAP AND LEGAL DESCRIPTION.— 
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1 (A) IN GENERAL.—As soon as practicable 

2 after the date of enactment of this Act, the Sec3 retary shall finalize the legal description of the 

4 parcel to be conveyed under this section. 

5 (B) MINOR ERRORS.—The Secretary may 

6 correct any minor error in— 

7 (i) the map; or 

8 (ii) the legal description. 

9 (C) AVAILABILITY.—The map and legal 

10 description shall be on file and available for 

11 public inspection in the appropriate offices of 

12 the Bureau of Land Management. 

13 (4) COSTS.—The Secretary shall require the 

14 city to pay all costs necessary for the preparation 

15 and completion of any patents for, and transfers of 

16 title to, the land described in paragraph (2). 

17 (5) WITHDRAWAL.—Subject to valid existing 

18 rights, until the date of the conveyance under para19 graph (1), the parcel of public land described in 

20 paragraph (2) is withdrawn from— 

21 (A) location, entry, and patent under the 

22 public land mining laws; and 

23 (B) operation of the mineral leasing, geo24 thermal leasing, and mineral materials laws. 
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1 (6) REVERSION.—If the land conveyed under 

2 paragraph (1) ceases to be used by the city for the 

3 purposes described in section 3(f) of Public Law 99– 

4 548 (100 Stat. 3061), the land shall, at the discre5 tion of the Secretary, revert to the United States. 

6 SEC. 737. RONALD REAGAN WASHINGTON NATIONAL AIR7 PORT SLOTS. 

8 (a) INCREASE IN NUMBER OF SLOT EXEMPTIONS.— 

9 Section 41718 is amended by adding at the end thereof 

10 the following: 

11 ‘‘(g) ADDITIONAL SLOTS.— 

12 ‘‘(1) INITIAL INCREASE IN EXEMPTIONS.— 

13 Within 95 days after the date of enactment of the 

14 FAA Air Transportation Modernization and Safety 

15 Improvement Act, the Secretary shall grant, by 

16 order, 24 slot exemptions from the application of 

17 sections 49104(a)(5), 49109, 49111(e), and 41714 

18 of this title to air carriers to operate limited fre19 quencies and aircraft on routes between Ronald 

20 Reagan Washington National Airport and airports 

21 located beyond the perimeter described in section 

22 49109 or, as provided in paragraph (2)(C), airports 

23 located within that perimeter, and exemptions from 

24 the requirements of subparts K and S of part 93, 
334 

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1 Code of Federal Regulations, if the Secretary finds 

2 that the exemptions will— 

3 ‘‘(A) provide air transportation with do4 mestic network benefits in areas beyond the pe5 rimeter described in section 49109; 

6 ‘‘(B) increase competition in multiple mar7 kets; 

8 ‘‘(C) not reduce travel options for commu9 nities served by small hub airports and medium 

10 hub airports within the perimeter described in 

11 section 49109; 

12 ‘‘(D) not result in meaningfully increased 

13 travel delays; 

14 ‘‘(E) enhance options for nonstop travel to 

15 and from the beyond-perimeter airports that 

16 will be served as a result of those exemptions; 

17 ‘‘(F) have a positive impact on the overall 

18 level of competition in the markets that will be 

19 served as a result of those exemptions; and 

20 ‘‘(G) produce public benefits, including the 

21 likelihood that the service to airports located 

22 beyond the perimeter described in section 

23 49109 will result in lower fares, higher capac24 ity, and a variety of service options. 
335 

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1 ‘‘(2) NEW ENTRANTS AND LIMITED INCUM2 BENTS.—Of the exemptions made available under 

3 paragraph (1), the Secretary shall make 10 available 

4 to limited incumbent air carriers or new entrant air 

5 carriers and 14 available to other incumbent air car6 riers. 

7 ‘‘(3) IMPROVED NETWORK SLOTS.—If an in8 cumbent air carrier (other than a limited incumbent 

9 air carrier) that uses a slot for service between Ron10 ald Reagan Washington National Airport and a 

11 large hub airport located within the perimeter de12 scribed in section 49109 is granted an additional ex13 emption under this subsection, it shall, upon receiv14 ing the additional exemption, discontinue the use of 

15 that slot for such within-perimeter service and oper16 ate, in place of such service, service between Ronald 

17 Reagan Washington National Airport and an airport 

18 located beyond the perimeter described in section 

19 49109. The Secretary may not grant more than 2 

20 slot exemptions under paragraph (1) to an air car21 rier with respect to the same airport, except in the 

22 case of an airport serving a metropolitan area with 

23 a population of more than 1 million persons. 

24 ‘‘(4) CONDITIONS.—Beyond-perimeter flight op25 erations carried out by an air carrier using an ex-
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1 emption granted under this subsection shall be sub2 ject to the following conditions: 

3 ‘‘(A) An air carrier may not operate a 

4 multi-aisle or widebody aircraft in conducting 

5 such operations. 

6 ‘‘(B) An air carrier granted an exemption 

7 under this subsection is prohibited from selling, 

8 trading, leasing, or otherwise transferring the 

9 rights to its beyond-perimeter exemptions, ex10 cept through an air carrier merger or acquisi11 tion. 

12 ‘‘(5) OPERATIONS DEADLINE.—An air carrier 

13 granted a slot exemption under this subsection shall 

14 commence operations using that slot within 60 days 

15 after the date on which the exemption was granted. 

16 ‘‘(6) IMPACT STUDY.—Within 17 months after 

17 granting the additional exemptions authorized by 

18 paragraph (1) the Secretary shall complete a study 

19 of the direct effects of the additional exemptions, in20 cluding the extent to which the additional exemp21 tions have— 

22 ‘‘(A) caused congestion problems at the 

23 airport; 
337 

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1 ‘‘(B) had a negative effect on the financial 

2 condition of the Metropolitan Washington Air3 ports Authority; 

4 ‘‘(C) affected the environment in the area 

5 surrounding the airport; and 

6 ‘‘(D) resulted in meaningful loss of service 

7 to small and medium markets within the perim8 eter described in section 49109. 

9 ‘‘(7) ADDITIONAL EXEMPTIONS.— 

10 ‘‘(A) DETERMINATION.—The Secretary 

11 shall determine, on the basis of the study re12 quired by paragraph (6), whether— 

13 ‘‘(i) the additional exemptions author14 ized by paragraph (1) have had a substan15 tial negative effect on Ronald Reagan 

16 Washington National Airport, Washington 

17 Dulles International Airport, or Baltimore/ 

18 Washington Thurgood Marshall Inter19 national Airport; and 

20 ‘‘(ii) the granting of additional exemp21 tions under this paragraph may, or may 

22 not, reasonably be expected to have a sub23 stantial negative effect on any of those air24 ports. 
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1 ‘‘(B) AUTHORITY TO GRANT ADDITIONAL

2 EXEMPTIONS.—Beginning 6 months after the 

3 date on which the impact study is concluded, 

4 the Secretary may grant up to 8 slot exemp5 tions to incumbent air carriers, in addition to 

6 those granted under paragraph (1) of this sub7 section, if the Secretary determines that— 

8 ‘‘(i) the additional exemptions author9 ized by paragraph (1) have not had a sub10 stantial negative effect on any of those air11 ports; and 

12 ‘‘(ii) the granting of additional exemp13 tions under this subparagraph may not 

14 reasonably be expected to have a negative 

15 effect on any of those airports. 

16 ‘‘(C) IMPROVED NETWORK SLOTS.—If an 

17 incumbent air carrier (other than a limited in18 cumbent air carrier) that uses a slot for service 

19 between Ronald Reagan Washington National 

20 Airport and a large hub airport located within 

21 the perimeter described in section 49109 is 

22 granted an additional exemption under subpara23 graph (B), it shall, upon receiving the addi24 tional exemption, discontinue the use of that 

25 slot for such within-perimeter service and oper-
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1 ate, in place of such service, service between 

2 Ronald Reagan Washington National Airport 

3 and an airport located beyond the perimeter de4 scribed in section 49109. 

5 ‘‘(D) CONDITIONS.—Beyond-perimeter 

6 flight operations carried out by an air carrier 

7 using an exemption granted under subpara8 graph (B) shall be subject to the following con9 ditions: 

10 ‘‘(i) An air carrier may not operate a 

11 multi-aisle or widebody aircraft in con12 ducting such operations. 

13 ‘‘(ii) An air carrier granted an exemp14 tion under this subsection is prohibited 

15 from selling, trading, leasing, or otherwise 

16 transferring the rights to its beyond-perim17 eter exemptions, except through an air car18 rier merger or acquisition. 

19 ‘‘(E) ADDITIONAL EXEMPTIONS NOT PER20 MITTED.—The Secretary may not grant exemp21 tions in addition to those authorized by para22 graph (1) if the Secretary determines that— 

23 ‘‘(i) the additional exemptions author24 ized by paragraph (1) have had a substan-
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1 tial negative effect on any of those air2 ports; or 

3 ‘‘(ii) the granting of additional exemp4 tions under subparagraph (B) of this para5 graph may reasonably be expected to have 

6 a substantial negative effect on 1 or more 

7 of those airports. 

8 ‘‘(h) SCHEDULING PRIORITY.—In administering this 

9 section, the Secretary— 

10 ‘‘(1) shall afford a scheduling priority to oper11 ations conducted by new entrant air carriers and 

12 limited incumbent air carriers over operations con13 ducted by other air carriers granted additional slot 

14 exemptions under subsection (g) for service to air15 ports located beyond the perimeter described in sec16 tion 49109; and 

17 ‘‘(2) shall afford a scheduling priority to slots 

18 currently held by limited incumbent air carriers for 

19 service to airports located beyond the perimeter de20 scribed in section 49109, to the extent necessary to 

21 protect viability of such service.’’. 

22 (b) HOURLY LIMITATION.—Section 41718(c)(2) is 

23 amended— 

24 (1) by striking ‘‘3 operations’’ and inserting ‘‘4 

25 operations’’; and 
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1 (2) by striking ‘‘subsections (a) and (b)’’ and 

2 inserting ‘‘under this section’’. 

3 (c) LIMITED INCUMBENT DEFINITION.—Section 

4 41714(h)(5) is amended— 

5 (1) by inserting ‘‘not’’ after ‘‘shall’’ in subpara6 graph (B); 

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

8 subparagraph (B); 

9 (3) by striking ‘‘Administration.’’ in subpara10 graph (C) and inserting ‘‘Administration; and’’; and 

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

12 ‘‘(D) for purposes of section 41718, an air 

13 carrier that holds only slot exemptions’’. 

14 (d) REVENUES AND FEES AT THE METROPOLITAN

15 WASHINGTON AIRPORTS.—Section 49104(a) is amended 

16 by striking paragraph (9) and inserting the following: 

17 ‘‘(9) Notwithstanding any other provision of 

18 law, revenues derived at either of the Metropolitan 

19 Washington Airports, regardless of source, may be 

20 used for operating and capital expenses (including 

21 debt service, depreciation and amortization) at the 

22 other airport.’’. 

23 SEC. 738. ORPHAN EARMARKS ACT. 

24 (a) SHORT TITLE.—This section may be cited as the 

25 ‘‘Orphan Earmarks Act’’. 
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1 (b) UNUSED EARMARKS.— 

2 (1) DEFINITION.—In this subsection, the term 

3 ‘‘earmark’’ means the following: 

4 (A) A congressionally directed spending 

5 item, as defined in Rule XLIV of the Standing 

6 Rules of the Senate. 

7 (B) A congressional earmark, as defined 

8 for purposes of Rule XXI of the Rules of the 

9 House of Representatives. 

10 (2) RESCISSION.—Any earmark of funds pro11 vided for any Federal agency with more than 90 per12 cent of the appropriated amount remaining available 

13 for obligation at the end of the 9th fiscal year fol14 lowing the fiscal year in which the earmark was 

15 made available is rescinded effective at the end of 

16 that 9th fiscal year, except that the agency head 

17 may delay any such rescission if the agency head de18 termines that an additional obligation of the ear19 mark is likely to occur during the following 12- 

20 month period. 

21 (3) IDENTIFICATION AND REPORT.— 

22 (A) AGENCY IDENTIFICATION.—Each Fed23 eral agency shall identify and report every 

24 project that is an earmark with an unobligated 
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1 balance at the end of each fiscal year to the Di2 rector of OMB. 

3 (B) ANNUAL REPORT.—The Director of 

4 OMB shall submit to Congress and publically 

5 post on the website of OMB an annual report 

6 that includes— 

7 (i) a listing and accounting for ear8 marks with unobligated balances summa9 rized by agency including the amount of 

10 the original earmark, amount of the unob11 ligated balance, and the year when the 

12 funding expires, if applicable; 

13 (ii) the number of rescissions resulting 

14 from this section and the annual savings 

15 resulting from this section for the previous 

16 fiscal year; and 

17 (iii) a listing and accounting for ear18 marks provided for Federal agencies sched19 uled to be rescinded at the end of the cur20 rent fiscal year. 

21 SEC. 739. PRIVACY PROTECTIONS FOR AIRCRAFT PAS22 SENGER SCREENING WITH ADVANCED IMAG23 ING TECHNOLOGY. 

24 (a) IN GENERAL.—Section 44901 is amended by 

25 adding at the end the following: 
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1 ‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAGING

2 TECHNOLOGY FOR SCREENING PASSENGERS.— 

3 ‘‘(1) IN GENERAL.—The Assistant Secretary of 

4 Homeland Security (Transportation Security Admin5 istration) shall ensure that advanced imaging tech6 nology is used for the screening of passengers under 

7 this section only in accordance with this subsection. 

8 ‘‘(2) IMPLEMENTATION OF AUTOMATED TAR9 GET RECOGNITION SOFTWARE.—Beginning January 

10 1, 2012, all advanced imaging technology used as a 

11 primary screening method for passengers shall be 

12 equipped with automatic target recognition software. 

13 ‘‘(3) DEFINITIONS.—In this subsection: 

14 ‘‘(A) ADVANCED IMAGING TECHNOLOGY.— 

15 The term ‘advanced imaging technology’— 

16 ‘‘(i) means a device that creates a vis17 ual image of an individual showing the sur18 face of the skin beneath clothing and re19 vealing other objects on the body that are 

20 covered by the clothing; and 

21 ‘‘(ii) includes devices using 

22 backscatter x-rays or millimeter waves and 

23 devices referred to as ‘whole-body imaging 

24 technology’ or ‘body scanning’. 
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1 ‘‘(B) AUTOMATIC TARGET RECOGNITION

2 SOFTWARE.—The term ‘automatic target rec3 ognition software’ means software installed on 

4 an advanced imaging technology machine that 

5 produces a generic image of the individual being 

6 screened that is the same as the images pro7 duced for all other screened individuals. 

8 ‘‘(C) PRIMARY SCREENING.—The term 

9 ‘primary screening’ means the initial examina10 tion of any passenger at an airport checkpoint, 

11 including using available screening technologies 

12 to detect weapons, explosives, narcotics, or 

13 other indications of unlawful action, in order to 

14 determine whether to clear the passenger to 

15 board an aircraft or to further examine the pas16 senger.’’. 

17 (b) REPORT.— 

18 (1) IN GENERAL.—Not later than March 1, 

19 2012, the Assistant Secretary of Homeland Security 

20 (Transportation Security Administration) shall sub21 mit to the appropriate congressional committees a 

22 report on the implementation of section 44901(l) of 

23 title 49, United States Code, as added by subsection 

24 (a). 
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1 (2) ELEMENTS.—The report required by para2 graph (1) shall include the following: 

3 (A) A description of all matters the Assist4 ant Secretary considers relevant to the imple5 mentation of such section. 

6 (B) The status of the compliance of the 

7 Transportation Security Administration with 

8 the provisions of such section. 

9 (C) If the Administration is not in full 

10 compliance with such provisions— 

11 (i) the reasons for such non-compli12 ance; and 

13 (ii) a timeline depicting when the As14 sistant Secretary expects the Administra15 tion to achieve full compliance. 

16 (3) SECURITY CLASSIFICATION.—The report re17 quired by paragraph (1) shall be submitted, to the 

18 greatest extent practicable, in an unclassified for19 mat, with a classified annex, if necessary. 

20 (4) APPROPRIATE CONGRESSIONAL COMMIT21 TEES DEFINED.—In this subsection, the term ‘‘ap22 propriate congressional committees’’ means— 

23 (A) the Committee on Commerce, Science, 

24 and Transportation and Committee on Home-
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1 land Security and Governmental Affairs of the 

2 Senate; and 

3 (B) the Committee on Homeland Security 

4 of the House of Representatives. 

5 SEC. 740. CONTROLLING HELICOPTER NOISE POLLUTION 

6 IN RESIDENTIAL AREAS. 

7 Section 44715 is amended by adding at the end the 

8 following: 

9 ‘‘(g) CONTROLLING HELICOPTER NOISE POLLUTION

10 IN RESIDENTIAL AREAS.— 

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

12 47502, not later than the date that is 1 year and 

13 90 days after the date of the enactment of the FAA 

14 Air Transportation Modernization and Safety Im15 provement Act, the Administrator of the Federal 

16 Aviation Administration shall prescribe— 

17 ‘‘(A) standards to measure helicopter 

18 noise; and 

19 ‘‘(B) regulations to control helicopter noise 

20 pollution in residential areas. 

21 ‘‘(2) RULEMAKING WITH RESPECT TO REDUC22 ING HELICOPTER NOISE POLLUTION IN NASSAU AND

23 SUFFOLK COUNTIES IN NEW YORK STATE.— 

24 ‘‘(A) IN GENERAL.—Not later than 1 year 

25 after the date of the enactment of the FAA Air 
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1 Transportation Modernization and Safety Im2 provement Act, and before finalizing the regula3 tions required by paragraph (1), the Adminis4 trator shall prescribe regulations with respect to 

5 helicopters operating in the counties of Nassau 

6 and Suffolk in the State of New York that in7 clude— 

8 ‘‘(i) requirements with respect to the 

9 flight paths and altitudes of helicopters fly10 ing over those counties to reduce helicopter 

11 noise pollution; and 

12 ‘‘(ii) penalties for failing to comply 

13 with the requirements described in clause 

14 (i). 

15 ‘‘(B) APPLICABILITY OF CERTAIN RULE16 MAKING PROCEDURES.—The requirements of 

17 Executive Order 12866 (58 Fed. Reg. 51735; 

18 relating to regulatory planning and review) (or 

19 any successor thereto) shall not apply to regula20 tions prescribed under subparagraph (A). 

21 ‘‘(3) EXCEPTIONS FOR EMERGENCY, LAW EN22 FORCEMENT, AND MILITARY HELICOPTERS.—In pre23 scribing standards and regulations under paragraphs 

24 (1) and (2), the Administrator may provide for ex25 ceptions to any requirements with respect to reduc-
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1 ing helicopter noise pollution in residential areas for 

2 helicopter activity related to emergency, law enforce3 ment, or military activities.’’. 

4 TITLE VIII—AIRPORT AND AIR5 WAY TRUST FUND PROVI6 SIONS AND RELATED TAXES 

7 SEC. 800. AMENDMENT OF 1986 CODE. 

8 Except as otherwise expressly provided, whenever in 

9 this title an amendment or repeal is expressed in terms 

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a 

12 section or other provision of the Internal Revenue Code 

13 of 1986. 

14 SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND 

15 AIRWAY TRUST FUND. 

16 (a) FUEL TAXES.—Subparagraph (B) of section 

17 4081(d)(2) is amended by striking ‘‘March 31, 2011’’ and 

18 inserting ‘‘September 30, 2013’’. 

19 (b) TICKET TAXES.— 

20 (1) PERSONS.—Clause (ii) of section 

21 4261(j)(1)(A) is amended by striking ‘‘March 31, 

22 2011’’ and inserting ‘‘September 30, 2013’’. 

23 (2) PROPERTY.—Clause (ii) of section 

24 4271(d)(1)(A) is amended by striking ‘‘March 31, 

25 2011’’ and inserting ‘‘September 30, 2013’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on April 1, 2011. 

3 SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST 

4 FUND EXPENDITURE AUTHORITY. 

5 (a) IN GENERAL.—Paragraph (1) of section 9502(d) 

6 is amended— 

7 (1) by striking ‘‘April 1, 2011’’ in the matter 

8 preceding subparagraph (A) and inserting ‘‘October 

9 1, 2013’’, and 

10 (2) by striking the semicolon at the end of sub11 paragraph (A) and inserting ‘‘or the FAA Air 

12 Transportation Modernization and Safety Improve13 ment Act;’’. 

14 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

15 section 9502(e) is amended by striking ‘‘April 1, 2011’’ 

16 and inserting ‘‘October 1, 2013’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on April 1, 2011. 

19 SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE 

20 USED IN AVIATION. 

21 (a) RATE OF TAX ON AVIATION-GRADE KER22 OSENE.— 

23 (1) IN GENERAL.—Subparagraph (A) of section 

24 4081(a)(2) is amended by striking ‘‘and’’ at the end 

25 of clause (ii), by striking the period at the end of 
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1 clause (iii) and inserting ‘‘, and’’, and by adding at 

2 the end the following new clause: 

3 ‘‘(iv) in the case of aviation-grade ker4 osene, 35.9 cents per gallon.’’. 

5 (2) FUEL REMOVED DIRECTLY INTO FUEL

6 TANK OF AIRPLANE USED IN NONCOMMERCIAL AVIA7 TION.—Subparagraph (C) of section 4081(a)(2) is 

8 amended to read as follows: 

9 ‘‘(C) TAXES IMPOSED ON FUEL USED IN

10 COMMERCIAL AVIATION.—In the case of avia11 tion-grade kerosene which is removed from any 

12 refinery or terminal directly into the fuel tank 

13 of an aircraft for use in commercial aviation by 

14 a person registered for such use under section 

15 4101, the rate of tax under subparagraph 

16 (A)(iv) shall be 4.3 cents per gallon.’’. 

17 (3) EXEMPTION FOR AVIATION-GRADE KER18 OSENE REMOVED INTO AN AIRCRAFT.—Subsection 

19 (e) of section 4082 is amended— 

20 (A) by striking ‘‘kerosene’’ and inserting 

21 ‘‘aviation-grade kerosene’’, 

22 (B) by striking ‘‘section 

23 4081(a)(2)(A)(iii)’’ and inserting ‘‘section 

24 4081(a)(2)(A)(iv)’’, and 
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1 (C) by striking ‘‘KEROSENE’’ in the head2 ing and inserting ‘‘AVIATION-GRADE KER3 OSENE’’. 

4 (4) CONFORMING AMENDMENTS.— 

5 (A) Clause (iii) of section 4081(a)(2)(A) is 

6 amended by inserting ‘‘other than aviation7 grade kerosene’’ after ‘‘kerosene’’. 

8 (B) The following provisions are each 

9 amended by striking ‘‘kerosene’’ and inserting 

10 ‘‘aviation-grade kerosene’’: 

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

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

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

14 (C) Subparagraph (D) of section 

15 4081(a)(3) is amended— 

16 (i) by striking ‘‘paragraph (2)(C)(i)’’ 

17 in clause (i) and inserting ‘‘paragraph 

18 (2)(C)’’, and 

19 (ii) by striking ‘‘paragraph (2)(C)(ii)’’ 

20 in clause (ii) and inserting ‘‘paragraph 

21 (2)(A)(iv)’’. 

22 (D) Paragraph (4) of section 4081(a) is 

23 amended— 
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1 (i) by striking ‘‘KEROSENE’’ in the 

2 heading and inserting ‘‘AVIATION-GRADE

3 KEROSENE’’, and 

4 (ii) by striking ‘‘paragraph (2)(C)(i)’’ 

5 and inserting ‘‘paragraph (2)(C)’’. 

6 (E) Paragraph (2) of section 4081(d) is 

7 amended by striking ‘‘(a)(2)(C)(ii)’’ and insert8 ing ‘‘(a)(2)(A)(iv)’’. 

9 (b) RETAIL TAX ON AVIATION FUEL.— 

10 (1) EXEMPTION FOR PREVIOUSLY TAXED

11 FUEL.—Paragraph (2) of section 4041(c) is amend12 ed by inserting ‘‘at the rate specified in subsection 

13 (a)(2)(A)(iv) thereof’’ after ‘‘section 4081’’. 

14 (2) RATE OF TAX.—Paragraph (3) of section 

15 4041(c) is amended to read as follows: 

16 ‘‘(3) RATE OF TAX.—The rate of tax imposed 

17 by this subsection shall be the rate of tax in effect 

18 under section 4081(a)(2)(A)(iv) (4.3 cents per gallon 

19 with respect to any sale or use for commercial avia20 tion).’’. 

21 (c) REFUNDS RELATING TO AVIATION-GRADE KER22 OSENE.— 

23 (1) AVIATION-GRADE KEROSENE USED IN COM24 MERCIAL AVIATION.—Clause (ii) of section 

25 6427(l)(4)(A) is amended by striking ‘‘specified in 
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1 section 4041(c) or 4081(a)(2)(A)(iii), as the case 

2 may be,’’ and inserting ‘‘so imposed’’. 

3 (2) KEROSENE USED IN AVIATION.—Paragraph 

4 (4) of section 6427(l) is amended by striking sub5 paragraphs (B) and (C) and inserting the following 

6 new subparagraph: 

7 ‘‘(B) PAYMENTS TO ULTIMATE, REG8 ISTERED VENDOR.—With respect to any ker9 osene used in aviation (other than kerosene to 

10 which paragraph (6) applies), if the ultimate 

11 purchaser of such kerosene waives (at such time 

12 and in such form and manner as the Secretary 

13 shall prescribe) the right to payment under 

14 paragraph (1) and assigns such right to the ul15 timate vendor, then the Secretary shall pay 

16 (without interest) the amount which would be 

17 paid under paragraph (1) to such ultimate ven18 dor, but only if such ultimate vendor— 

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

20 and 

21 ‘‘(ii) meets the requirements of sub22 paragraph (A), (B), or (D) of section 

23 6416(a)(1).’’. 

24 (3) AVIATION-GRADE KEROSENE NOT USED IN

25 AVIATION.—Subsection (l) of section 6427 is amend-
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1 ed by redesignating paragraph (5) as paragraph (6) 

2 and by inserting after paragraph (4) the following 

3 new paragraph: 

4 ‘‘(5) REFUNDS FOR AVIATION-GRADE KER5 OSENE NOT USED IN AVIATION.—If tax has been im6 posed under section 4081 at the rate specified in 

7 section 4081(a)(2)(A)(iv) and the fuel is used other 

8 than in an aircraft, the Secretary shall pay (without 

9 interest) to the ultimate purchaser of such fuel an 

10 amount equal to the amount of tax imposed on such 

11 fuel reduced by the amount of tax that would be im12 posed under section 4041 if no tax under section 

13 4081 had been imposed.’’. 

14 (4) CONFORMING AMENDMENTS.— 

15 (A) Subparagraph (B) of section 

16 4082(d)(2) is amended by striking 

17 ‘‘6427(l)(5)(B)’’ and inserting ‘‘6427(l)(6)(B)’’. 

18 (B) Paragraph (4) of section 6427(i) is 

19 amended— 

20 (i) by striking ‘‘(4)(C) or (5)’’ and in21 serting ‘‘(4)(B) or (6)’’, and 

22 (ii) by striking ‘‘, (l)(4)(C)(ii), and 

23 (l)(5)’’ and inserting ‘‘and (l)(6)’’. 

24 (C) Subsection (l) of section 6427 is 

25 amended by striking ‘‘DIESEL FUEL AND KER-
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1 OSENE’’ in the heading and inserting ‘‘DIESEL

2 FUEL, KEROSENE, AND AVIATION FUEL’’. 

3 (D) Paragraph (1) of section 6427(l) is 

4 amended by striking ‘‘paragraph (4)(C)(i)’’ and 

5 inserting ‘‘paragraph (4)(B)’’. 

6 (E) Paragraph (4) of section 6427(l) is 

7 amended— 

8 (i) by striking ‘‘KEROSENE USED IN

9 AVIATION’’ in the heading and inserting 

10 ‘‘AVIATION-GRADE KEROSENE USED IN

11 COMMERCIAL AVIATION’’, and 

12 (ii) in subparagraph (A)— 

13 (I) by striking ‘‘kerosene’’ and 

14 inserting ‘‘aviation-grade kerosene’’, 

15 (II) by striking ‘‘KEROSENE

16 USED IN COMMERCIAL AVIATION’’ in 

17 the heading and inserting ‘‘IN GEN18 ERAL’’. 

19 (d) TRANSFERS TO THE AIRPORT AND AIRWAY

20 TRUST FUND.— 

21 (1) IN GENERAL.—Subparagraph (C) of section 

22 9502(b)(1) is amended to read as follows: 

23 ‘‘(C) section 4081 with respect to aviation 

24 gasoline and aviation-grade kerosene, and’’. 
357 

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1 (2) TRANSFERS ON ACCOUNT OF CERTAIN RE2 FUNDS.— 

3 (A) IN GENERAL.—Subsection (d) of sec4 tion 9502 is amended— 

5 (i) by striking ‘‘(other than subsection 

6 (l)(4) thereof)’’ in paragraph (2), and 

7 (ii) by striking ‘‘(other than payments 

8 made by reason of paragraph (4) of section 

9 6427(l))’’ in paragraph (3). 

10 (B) CONFORMING AMENDMENTS.— 

11 (i) Paragraph (4) of section 9503(b) 

12 is amended by striking ‘‘or’’ at the end of 

13 subparagraph (C), by striking the period 

14 at the end of subparagraph (D) and insert15 ing a comma, and by inserting after sub16 paragraph (D) the following new subpara17 graphs: 

18 ‘‘(E) section 4081 to the extent attrib19 utable to the rate specified in clause (ii) or (iv) 

20 of section 4081(a)(2)(A), or 

21 ‘‘(F) section 4041(c).’’. 

22 (ii) Subsection (c) of section 9503 is 

23 amended by striking paragraph (5). 

24 (iii) Subsection (a) of section 9502 is 

25 amended— 
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1 (I) by striking ‘‘appropriated, 

2 credited, or paid into’’ and inserting 

3 ‘‘appropriated or credited to’’, and 

4 (II) by striking ‘‘, section 

5 9503(c)(5),’’. 

6 (e) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to fuels removed, entered, or sold 

8 after March 31, 2011. 

9 (f) FLOOR STOCKS TAX.— 

10 (1) IMPOSITION OF TAX.—In the case of avia11 tion-grade kerosene fuel which is held on April 1, 

12 2011, by any person, there is hereby imposed a floor 

13 stocks tax on aviation-grade kerosene equal to— 

14 (A) the tax which would have been imposed 

15 before such date on such kerosene had the 

16 amendments made by this section been in effect 

17 at all times before such date, reduced by 

18 (B) the tax imposed before such date on 

19 such kerosene under section 4081 of the Inter20 nal Revenue Code of 1986, as in effect on such 

21 date. 

22 (2) LIABILITY FOR TAX AND METHOD OF PAY23 MENT.— 
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1 (A) LIABILITY FOR TAX.—A person hold2 ing aviation-grade kerosene on April 1, 2011, 

3 shall be liable for such tax. 

4 (B) TIME AND METHOD OF PAYMENT.— 

5 The tax imposed by paragraph (1) shall be paid 

6 at such time and in such manner as the Sec7 retary of the Treasury shall prescribe. 

8 (3) TRANSFER OF FLOOR STOCK TAX REVE9 NUES TO TRUST FUNDS.—For purposes of deter10 mining the amount transferred to the Airport and 

11 Airway Trust Fund, the tax imposed by this sub12 section shall be treated as imposed by section 

13 4081(a)(2)(A)(iv) of the Internal Revenue Code of 

14 1986. 

15 (4) DEFINITIONS.—For purposes of this sub16 section— 

17 (A) AVIATION-GRADE KEROSENE.—The 

18 term ‘‘aviation-grade kerosene’’ means aviation19 grade kerosene as such term is used within the 

20 meaning of section 4081 of the Internal Rev21 enue Code of 1986. 

22 (B) HELD BY A PERSON.—Aviation-grade 

23 kerosene shall be considered as held by a person 

24 if title thereto has passed to such person 
360 

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1 (whether or not delivery to the person has been 

2 made). 

3 (C) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of the Treasury or the 

5 Secretary’s delegate. 

6 (5) EXCEPTION FOR EXEMPT USES.—The tax 

7 imposed by paragraph (1) shall not apply to any 

8 aviation-grade kerosene held by any person exclu9 sively for any use to the extent a credit or refund 

10 of the tax is allowable under the Internal Revenue 

11 Code of 1986 for such use. 

12 (6) EXCEPTION FOR CERTAIN AMOUNTS OF

13 AVIATION-GRADE KEROSENE.— 

14 (A) IN GENERAL.—No tax shall be im15 posed by paragraph (1) on any aviation-grade 

16 kerosene held on April 1, 2011, by any person 

17 if the aggregate amount of such aviation-grade 

18 kerosene held by such person on such date does 

19 not exceed 2,000 gallons. The preceding sen20 tence shall apply only if such person submits to 

21 the Secretary (at the time and in the manner 

22 required by the Secretary) such information as 

23 the Secretary shall require for purposes of this 

24 subparagraph. 
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1 (B) EXEMPT AVIATION-GRADE KER2 OSENE.—For purposes of subparagraph (A), 

3 there shall not be taken into account any avia4 tion-grade kerosene held by any person which is 

5 exempt from the tax imposed by paragraph (1) 

6 by reason of paragraph (5). 

7 (C) CONTROLLED GROUPS.—For purposes 

8 of this subsection— 

9 (i) CORPORATIONS.— 

10 (I) IN GENERAL.—All persons 

11 treated as a controlled group shall be 

12 treated as 1 person. 

13 (II) CONTROLLED GROUP.—The 

14 term ‘‘controlled group’’ has the 

15 meaning given to such term by sub16 section (a) of section 1563 of the In17 ternal Revenue Code of 1986; except 

18 that for such purposes the phrase 

19 ‘‘more than 50 percent’’ shall be sub20 stituted for the phrase ‘‘at least 80 

21 percent’’ each place it appears in such 

22 subsection. 

23 (ii) NONINCORPORATED PERSONS

24 UNDER COMMON CONTROL.—Under regula25 tions prescribed by the Secretary, prin-
362 

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1 ciples similar to the principles of subpara2 graph (A) shall apply to a group of per3 sons under common control if 1 or more of 

4 such persons is not a corporation. 

5 (7) OTHER LAWS APPLICABLE.—All provisions 

6 of law, including penalties, applicable with respect to 

7 the taxes imposed by section 4081 of the Internal 

8 Revenue Code of 1986 on the aviation-grade ker9 osene involved shall, insofar as applicable and not 

10 inconsistent with the provisions of this subsection, 

11 apply with respect to the floor stock taxes imposed 

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

13 were imposed by such section. 

14 SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION 

15 ACCOUNT. 

16 (a) IN GENERAL.—Section 9502 is amended by add17 ing at the end the following new subsection: 

18 ‘‘(f) ESTABLISHMENT OF AIR TRAFFIC CONTROL

19 SYSTEM MODERNIZATION ACCOUNT.— 

20 ‘‘(1) CREATION OF ACCOUNT.—There is estab21 lished in the Airport and Airway Trust Fund a sepa22 rate account to be known as the ‘Air Traffic Control 

23 System Modernization Account’ consisting of such 

24 amounts as may be transferred or credited to the 
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1 Air Traffic Control System Modernization Account 

2 as provided in this subsection or section 9602(b). 

3 ‘‘(2) TRANSFERS TO AIR TRAFFIC CONTROL

4 SYSTEM MODERNIZATION ACCOUNT.—On October 1, 

5 2011, and annually thereafter the Secretary shall 

6 transfer $400,000,000 to the Air Traffic Control 

7 System Modernization Account from amounts appro8 priated to the Airport and Airway Trust Fund under 

9 subsection (b) which are attributable to taxes on 

10 aviation-grade kerosene. 

11 ‘‘(3) EXPENDITURES FROM ACCOUNT.— 

12 Amounts in the Air Traffic Control System Mod13 ernization Account shall be available subject to ap14 propriation for expenditures relating to the mod15 ernization of the air traffic control system (including 

16 facility and equipment account expenditures).’’. 

17 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

18 section 9502(d) is amended by striking ‘‘Amounts’’ and 

19 inserting ‘‘Except as provided in subsection (f), amounts’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of the enactment 

22 of this Act. 

23 SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNER24 SHIP PROGRAMS. 

25 (a) FUEL SURTAX.— 
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1 (1) IN GENERAL.—Subchapter B of chapter 31 

2 is amended by adding at the end the following new 

3 section: 

4 ‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF 

5 A FRACTIONAL OWNERSHIP PROGRAM. 

6 ‘‘(a) IN GENERAL.—There is hereby imposed a tax 

7 on any liquid used during any calendar quarter by any 

8 person as a fuel in an aircraft which is— 

9 ‘‘(1) registered in the United States, and 

10 ‘‘(2) part of a fractional ownership aircraft pro11 gram. 

12 ‘‘(b) AMOUNT OF TAX.—The rate of tax imposed by 

13 subsection (a) is 14.1 cents per gallon. 

14 ‘‘(c) FRACTIONAL OWNERSHIP AIRCRAFT PRO15 GRAM.—For purposes of this section— 

16 ‘‘(1) IN GENERAL.—The term ‘fractional owner17 ship aircraft program’ means a program under 

18 which— 

19 ‘‘(A) a single fractional ownership program 

20 manager provides fractional ownership program 

21 management services on behalf of the fractional 

22 owners, 

23 ‘‘(B) 2 or more airworthy aircraft are part 

24 of the program, 
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1 ‘‘(C) there are 1 or more fractional owners 

2 per program aircraft, with at least 1 program 

3 aircraft having more than 1 owner, 

4 ‘‘(D) each fractional owner possesses at 

5 least a minimum fractional ownership interest 

6 in 1 or more program aircraft, 

7 ‘‘(E) there exists a dry-lease aircraft ex8 change arrangement among all of the fractional 

9 owners, and 

10 ‘‘(F) there are multi-year program agree11 ments covering the fractional ownership, frac12 tional ownership program management services, 

13 and dry-lease aircraft exchange aspects of the 

14 program. 

15 ‘‘(2) MINIMUM FRACTIONAL OWNERSHIP INTER16 EST.— 

17 ‘‘(A) IN GENERAL.—The term ‘minimum 

18 fractional ownership interest’ means, with re19 spect to each type of aircraft— 

20 ‘‘(i) a fractional ownership interest 

equal to or greater than 1 21 ⁄16 of at least 1 

22 subsonic, fixed wing or powered lift pro23 gram aircraft, or 
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1 ‘‘(ii) a fractional ownership interest 

equal to or greater than 1 2 ⁄32 of a least 1 

3 rotorcraft program aircraft. 

4 ‘‘(B) FRACTIONAL OWNERSHIP INTER5 EST.—The term ‘fractional ownership interest’ 

6 means— 

7 ‘‘(i) the ownership of an interest in a 

8 program aircraft, 

9 ‘‘(ii) the holding of a multi-year lease10 hold interest in a program aircraft, or 

11 ‘‘(iii) the holding of a multi-year 

12 leasehold interest which is convertible into 

13 an ownership interest in a program air14 craft. 

15 ‘‘(3) DRY-LEASE AIRCRAFT EXCHANGE.—The 

16 term ‘dry-lease aircraft exchange’ means an agree17 ment, documented by the written program agree18 ments, under which the program aircraft are avail19 able, on an as needed basis without crew, to each 

20 fractional owner. 

21 ‘‘(d) TERMINATION.—This section shall not apply to 

22 liquids used as a fuel in an aircraft after September 30, 

23 2013.’’. 

24 (2) CONFORMING AMENDMENT.—Subsection (e) 

25 of section 4082 is amended by inserting ‘‘(other 
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1 than an aircraft described in section 4043(a))’’ after 

2 ‘‘an aircraft’’. 

3 (3) TRANSFER OF REVENUES TO AIRPORT AND

4 AIRWAY TRUST FUND.—Subsection (1) of section 

5 9502(b) is amended by redesignating subparagraphs 

6 (B) and (C) as subparagraphs (C) and (D), respec7 tively, and by inserting after subparagraph (A) the 

8 following new subparagraph: 

9 ‘‘(B) section 4043 (relating to surtax on 

10 fuel used in aircraft part of a fractional owner11 ship program),’’. 

12 (4) CLERICAL AMENDMENT.—The table of sec13 tions for subchapter B of chapter 31 is amended by 

14 adding at the end the following new item: 

‘‘Sec. 4043. Surtax on fuel used in aircraft part of a fractional ownership program.’’. 

15 (b) FRACTIONAL OWNERSHIP PROGRAMS TREATED

16 AS NON-COMMERCIAL AVIATION.—Subsection (b) of sec17 tion 4083 is amended by adding at the end the following 

18 new sentence: ‘‘For uses of aircraft before October 1, 

19 2013, such term shall not include the use of any aircraft 

20 which is part of a fractional ownership aircraft program 

21 (as defined by section 4043(c)).’’. 

22 (c) EXEMPTION FROM TAX ON TRANSPORTATION OF

23 PERSONS.—Section 4261, as amended by this Act, is 

24 amended by redesignating subsection (j) as subsection (k) 
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1 and by inserting after subsection (i) the following new sub2 section: 

3 ‘‘(j) EXEMPTION FOR AIRCRAFT IN FRACTIONAL

4 OWNERSHIP AIRCRAFT PROGRAMS.—No tax shall be im5 posed by this section or section 4271 on any air transpor6 tation provided before October 1, 2013, by an aircraft 

7 which is part of a fractional ownership aircraft program 

8 (as defined by section 4043(c)).’’. 

9 (d) EFFECTIVE DATES.— 

10 (1) SUBSECTION (a).—The amendments made 

11 by subsection (a) shall apply to fuel used after 

12 March 31, 2011. 

13 (2) SUBSECTION (b).—The amendment made by 

14 subsection (b) shall apply to uses of aircraft after 

15 March 31, 2011. 

16 (3) SUBSECTION (c).—The amendments made 

17 by subsection (c) shall apply to taxable transpor18 tation provided after March 31, 2011. 

19 SEC. 806. TERMINATION OF EXEMPTION FOR SMALL JET 

20 AIRCRAFT ON NONESTABLISHED LINES. 

21 (a) IN GENERAL.—the first sentence of section 4281 

22 is amended by inserting ‘‘or when such aircraft is a tur23 bine engine powered aircraft’’ after ‘‘an established line’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to taxable transportation provided 

3 after March 31, 2011. 

4 SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLO5 SURES. 

6 (a) IN GENERAL.—Section 7275 (relating to penalty 

7 for offenses relating to certain airline tickets and adver8 tising) is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d), 

11 (2) by striking ‘‘subsection (a) or (b)’’ in sub12 section (d), as so redesignated, and inserting ‘‘sub13 section (a), (b), or (c)’’, and 

14 (3) by inserting after subsection (b) the fol15 lowing new subsection: 

16 ‘‘(c) NON-TAX CHARGES.— 

17 ‘‘(1) IN GENERAL.—In the case of transpor18 tation by air for which disclosure on the ticket or 

19 advertising for such transportation of the amounts 

20 paid for passenger taxes is required by subsection 

21 (a)(2) or (b)(1)(B), if such amounts are separately 

22 disclosed, it shall be unlawful for the disclosure of 

23 such amounts to include any amounts not attrib24 utable to such taxes. 
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1 ‘‘(2) INCLUSION IN TRANSPORTATION COST.— 

2 Nothing in this subsection shall prohibit the inclu3 sion of amounts not attributable to the taxes im4 posed by subsection (a), (b), or (c) of section 4261 

5 in the disclosure of the amount paid for transpor6 tation as required by subsection (a)(1) or (b)(1)(A), 

7 or in a separate disclosure of amounts not attrib8 utable to such taxes.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable transportation provided 

11 after March 31, 2011. 

12 SEC. 808. TAX-EXEMPT BOND FINANCING FOR FIXED-WING 

13 EMERGENCY MEDICAL AIRCRAFT. 

14 (a) IN GENERAL.—Subsection (e) of section 147 is 

15 amended by adding at the end the following new sentence: 

16 ‘‘The preceding sentence shall not apply to any fixed-wing 

17 aircraft equipped for, and exclusively dedicated to pro18 viding, acute care emergency medical services (within the 

19 meaning of 4261(g)(2)).’’ 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall apply to obligations issued after the date 

22 of the enactment of this Act. 
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1 SEC. 809. PROTECTION OF AIRPORT AND AIRWAY TRUST 

2 FUND SOLVENCY. 

3 (a) IN GENERAL.—Paragraph (1) of section 9502(d) 

4 is amended by adding at the end the following new sen5 tence: ‘‘Unless otherwise provided by this section, for pur6 poses of this paragraph for fiscal year 2012 or 2013, the 

7 amount available for making expenditures for such fiscal 

8 year shall not exceed 90 percent of the receipts of the Air9 port and Airway Trust Fund plus interest credited to such 

10 Trust Fund for such fiscal year as estimated by the Sec11 retary of the Treasury.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall apply to fiscal years beginning after Sep14 tember 30, 2011. 

15 SEC. 810. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE 

16 CARRIER BANKRUPTCY. 

17 (a) GENERAL RULES.— 

18 (1) ROLLOVER OF AIRLINE PAYMENT

19 AMOUNT.—If a qualified airline employee receives 

20 any airline payment amount and transfers any por21 tion of such amount to a traditional IRA within 180 

22 days of receipt of such amount (or, if later, within 

23 180 days of the date of the enactment of this Act), 

24 then such amount (to the extent so transferred) 

25 shall be treated as a rollover contribution described 

26 in section 402(c) of the Internal Revenue Code of 
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1 1986. A qualified airline employee making such a 

2 transfer may exclude from gross income the amount 

3 transferred, in the taxable year in which the airline 

4 payment amount was paid to the qualified airline 

5 employee by the commercial passenger airline car6 rier. 

7 (2) TRANSFER OF AMOUNTS ATTRIBUTABLE TO

8 AIRLINE PAYMENT AMOUNT FOLLOWING ROLLOVER

9 TO ROTH IRA.—A qualified airline employee who has 

10 contributed an airline payment amount to a Roth 

11 IRA that is treated as a qualified rollover contribu12 tion pursuant to section 125 of the Worker, Retiree, 

13 and Employer Recovery Act of 2008, may transfer 

14 to a traditional IRA, in a trustee-to-trustee transfer, 

15 all or any part of the contribution (together with any 

16 net income allocable to such contribution), and the 

17 transfer to the traditional IRA will be deemed to 

18 have been made at the time of the rollover to the 

19 Roth IRA, if such transfer is made within 180 days 

20 of the date of the enactment of this Act. A qualified 

21 airline employee making such a transfer may exclude 

22 from gross income the airline payment amount pre23 viously rolled over to the Roth IRA, to the extent an 

24 amount attributable to the previous rollover was 

25 transferred to a traditional IRA, in the taxable year 
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1 in which the airline payment amount was paid to the 

2 qualified airline employee by the commercial pas3 senger airline carrier. No amount so transferred to 

4 a traditional IRA may be treated as a qualified roll5 over contribution with respect to a Roth IRA within 

6 the 5-taxable year period beginning with the taxable 

7 year in which such transfer was made. 

8 (3) EXTENSION OF TIME TO FILE CLAIM FOR

9 REFUND.—A qualified airline employee who excludes 

10 an amount from gross income in a prior taxable year 

11 under paragraph (1) or (2) may reflect such exclu12 sion in a claim for refund filed within the period of 

13 limitation under section 6511(a) (or, if later, April 

14 15, 2012). 

15 (b) TREATMENT OF AIRLINE PAYMENT AMOUNTS

16 AND TRANSFERS FOR EMPLOYMENT TAXES.—For pur17 poses of chapter 21 of the Internal Revenue Code of 1986 

18 and section 209 of the Social Security Act, an airline pay19 ment amount shall not fail to be treated as a payment 

20 of wages by the commercial passenger airline carrier to 

21 the qualified airline employee in the taxable year of pay22 ment because such amount is excluded from the qualified 

23 airline employee’s gross income under subsection (a). 

24 (c) DEFINITIONS AND SPECIAL RULES.—For pur25 poses of this section— 
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1 (1) AIRLINE PAYMENT AMOUNT.— 

2 (A) IN GENERAL.—The term ‘‘airline pay3 ment amount’’ means any payment of any 

4 money or other property which is payable by a 

5 commercial passenger airline carrier to a quali6 fied airline employee— 

7 (i) under the approval of an order of 

8 a Federal bankruptcy court in a case filed 

9 after September 11, 2001, and before Jan10 uary 1, 2007, and 

11 (ii) in respect of the qualified airline 

12 employee’s interest in a bankruptcy claim 

13 against the carrier, any note of the carrier 

14 (or amount paid in lieu of a note being 

15 issued), or any other fixed obligation of the 

16 carrier to pay a lump sum amount. 

17 The amount of such payment shall be deter18 mined without regard to any requirement to de19 duct and withhold tax from such payment 

20 under sections 3102(a) and 3402(a). 

21 (B) EXCEPTION.—An airline payment 

22 amount shall not include any amount payable 

23 on the basis of the carrier’s future earnings or 

24 profits. 
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1 (2) QUALIFIED AIRLINE EMPLOYEE.—The term 

2 ‘‘qualified airline employee’’ means an employee or 

3 former employee of a commercial passenger airline 

4 carrier who was a participant in a defined benefit 

5 plan maintained by the carrier which— 

6 (A) is a plan described in section 401(a) of 

7 the Internal Revenue Code of 1986 which in8 cludes a trust exempt from tax under section 

9 501(a) of such Code, and 

10 (B) was terminated or became subject to 

11 the restrictions contained in paragraphs (2) and 

12 (3) of section 402(b) of the Pension Protection 

13 Act of 2006. 

14 (3) TRADITIONAL IRA.—The term ‘‘traditional 

15 IRA’’ means an individual retirement plan (as de16 fined in section 7701(a)(37) of the Internal Revenue 

17 Code of 1986) which is not a Roth IRA. 

18 (4) ROTH IRA.—The term ‘‘Roth IRA’’ has the 

19 meaning given such term by section 408A(b) of such 

20 Code. 

21 (d) SURVIVING SPOUSE.—If a qualified airline em22 ployee died after receiving an airline payment amount, or 

23 if an airline payment amount was paid to the surviving 

24 spouse of a qualified airline employee in respect of the 

25 qualified airline employee, the surviving spouse of the 
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1 qualified airline employee may take all actions permitted 

2 under section 125 of the Worker, Retiree and Employer 

3 Recovery Act of 2008, or under this section, to the same 

4 extent that the qualified airline employee could have done 

5 had the qualified airline employee survived. 

6 (e) EFFECTIVE DATE.—This section shall apply to 

7 transfers made after the date of the enactment of this Act 

8 with respect to airline payment amounts paid before, on, 

9 or after such date. 

10 SEC. 811. APPLICATION OF LEVY TO PAYMENTS TO FED11 ERAL VENDORS RELATING TO PROPERTY. 

12 (a) IN GENERAL.—Section 6331(h)(3) of the Inter13 nal Revenue Code of 1986 is amended by striking ‘‘goods 

14 or services’’ and inserting ‘‘property, goods, or services’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 this section shall apply to levies issued after the date of 

17 the enactment of this Act. 

18 SEC. 812. MODIFICATION OF CONTROL DEFINITION FOR 

19 PURPOSES OF SECTION 249. 

20 (a) IN GENERAL.—Section 249(a) of the Internal 

21 Revenue Code of 1986 is amended by striking ‘‘, or a cor22 poration in control of, or controlled by,’’ and inserting ‘‘, 

23 or a corporation in the same parent-subsidiary controlled 

24 group (within the meaning of section 1563(a)(1) as’’. 
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1 (b) CONFORMING AMENDMENT.—Section 249(b) of 

2 the Internal Revenue Code of 1986 is amended— 

3 (1) by striking ‘‘subsection (a)—’’ and all that 

4 follows through ‘‘The adjusted issue price’’ and in5 serting ‘‘subsection (a), the adjusted issue price’’, 

6 and 

7 (2) by striking paragraph (2). 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to repurchases after the date of 

10 the enactment of this Act. 

11 TITLE IX—BUDGETARY EFFECTS 

12 SEC. 901. BUDGETARY EFFECTS. 

13 The budgetary effects of this Act, for the purpose of 

14 complying with the Statutory Pay-As-You-Go-Act of 2010, 

15 shall be determined by reference to the latest statement 

16 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

17 Act, submitted for printing in the Congressional Record 

18 by the Chairman of the Senate Budget Committee, pro19 vided that such statement has been submitted prior to the 

20 vote on passage. 
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1 TITLE X—RESCISSION OF UN2 USED TRANSPORTATION EAR3 MARKS AND GENERAL RE4 PORTING REQUIREMENT 

5 SEC. 1001. DEFINITION. 

6 In this title, the term ‘‘earmark’’ means the following: 

7 (1) A congressionally directed spending item, as 

8 defined in Rule XLIV of the Standing Rules of the 

9 Senate. 

10 (2) A congressional earmark, as defined for 

11 purposes of Rule XXI of the Rules of the House of 

12 Representatives. 

13 SEC. 1002. RESCISSION. 

14 Any earmark of funds provided for the Department 

15 of Transportation with more than 90 percent of the appro16 priated amount remaining available for obligation at the 

17 end of the 9th fiscal year following the fiscal year in which 

18 the earmark was made available is rescinded effective at 

19 the end of that 9th fiscal year, except that the Secretary 

20 of Transportation may delay any such rescission if the 

21 Secretary determines that an additional obligation of the 

22 earmark is likely to occur during the following 12-month 

23 period. 
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1 SEC. 1003. AGENCY WIDE IDENTIFICATION AND REPORTS. 

2 (a) AGENCY IDENTIFICATION.—Each Federal agency 

3 shall identify and report every project that is an earmark 

4 with an unobligated balance at the end of each fiscal year 

5 to the Director of OMB. 

6 (b) ANNUAL REPORT.—The Director of OMB shall 

7 submit to Congress and publically post on the website of 

8 OMB an annual report that includes— 

9 (1) a listing and accounting for earmarks with 

10 unobligated balances summarized by agency includ11 ing the amount of the original earmark, amount of 

12 the unobligated balance, and the year when the 

13 funding expires, if applicable; 

14 (2) the number of rescissions resulting from 

15 this title and the annual savings resulting from this 

16 title for the previous fiscal year; and 

17 (3) a listing and accounting for earmarks pro18 vided for the Department of Transportation sched19 uled to be rescinded at the end of the current fiscal 

20 year. 
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1 TITLE XI—REPEAL OF EXPAN2 SION OF INFORMATION RE3 PORTING REQUIREMENTS 

4 SEC. 1101. REPEAL OF EXPANSION OF INFORMATION RE5 PORTING REQUIREMENTS. 

6 (a) IN GENERAL.—Section 9006 of the Patient Pro7 tection and Affordable Care Act, and the amendments 

8 made thereby, are hereby repealed; and the Internal Rev9 enue Code of 1986 shall be applied as if such section, and 

10 amendments, had never been enacted. 

11 (b) RESCISSION OF UNSPENT FEDERAL FUNDS TO

12 OFFSET LOSS IN REVENUES.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, of all available unobligated funds, 

15 $44,000,000,000 in appropriated discretionary funds 

16 are hereby rescinded. 

17 (2) IMPLEMENTATION.—The Director of the 

18 Office of Management and Budget shall determine 

19 and identify from which appropriation accounts the 

20 rescission under paragraph (1) shall apply and the 

21 amount of such rescission that shall apply to each 

22 such account. Not later than 60 days after the date 

23 of the enactment of this Act, the Director of the Of24 fice of Management and Budget shall submit a re25 port to the Secretary of the Treasury and Congress 
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1 of the accounts and amounts determined and identi2 fied for rescission under the preceding sentence. 

3 (3) EXCEPTION.—This subsection shall not 

4 apply to the unobligated funds of the Department of 

5 Defense, the Department of Veterans Affairs, or the 

6 Social Security Administration. 

7 TITLE XII—EMERGENCY MED8 ICAL SERVICE PROVIDERS 

9 PROTECTION AND LIABILITY 

10 PROTECTION FOR CERTAIN 

11 VOLUNTEER PILOTS 

12 SUBTITLE A—EMERGENCY MEDICAL SERVICE 

13 PROVIDERS PROTECTION 

14 SEC. 1201. DALE LONG EMERGENCY MEDICAL SERVICE 

15 PROVIDERS PROTECTION ACT. 

16 (a) SHORT TITLE.—This subtitle may be cited as the 

17 ‘‘Dale Long Emergency Medical Service Providers Protec18 tion Act’’. 

19 (b) ELIGIBILITY.—Section 1204 of title I of the Om20 nibus Crime Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3796b) is amended— 

22 (1) in paragraph (7), by striking ‘‘public em23 ployee member of a rescue squad or ambulance 

24 crew;’’ and inserting ‘‘employee or volunteer member 
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1 of a rescue squad or ambulance crew (including a 

2 ground or air ambulance service) that— 

3 ‘‘(A) is a public agency; or 

4 ‘‘(B) is (or is a part of) a nonprofit entity 

5 serving the public that— 

6 ‘‘(i) is officially authorized or licensed 

7 to engage in rescue activity or to provide 

8 emergency medical services; and 

9 ‘‘(ii) is officially designated as a pre10 hospital emergency medical response agen11 cy;’’; and 

12 (2) in paragraph (9)— 

13 (A) in subparagraph (A), by striking ‘‘as a 

14 chaplain’’ and all that follows through the semi15 colon, and inserting ‘‘or as a chaplain;’’; 

16 (B) in subparagraph (B)(ii), by striking 

17 ‘‘or’’ after the semicolon; 

18 (C) in subparagraph (C)(ii), by striking 

19 the period and inserting ‘‘; or’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(D) a member of a rescue squad or am22 bulance crew who, as authorized or licensed by 

23 law and by the applicable agency or entity (and 

24 as designated by such agency or entity), is en-
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1 gaging in rescue activity or in the provision of 

2 emergency medical services.’’. 

3 (c) OFFSET.—Of the unobligated balances available 

4 under the Department of Justice Assets Forfeiture Fund, 

5 $13,000,000 are permanently cancelled. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 subsection (b) shall apply only to injuries sustained on or 

8 after June 1, 2009. 

9 SUBTITLE B—LIABILITY PROTECTION 

10 SEC. 1211. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Volunteer Pilot 

12 Protection Act of 2011’’. 

13 SEC. 1212. FINDINGS AND PURPOSE. 

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

15 (1) Many volunteer pilots fly for public benefit 

16 and provide valuable services to communities and in17 dividuals. 

18 (2) In calendar year 2006, volunteer pilots pro19 vided long-distance, no-cost transportation for more 

20 than 58,000 people during times of special need. 

21 (b) PURPOSE.—The purpose of this title is to pro22 mote the activities of volunteer pilots that fly for public 

23 benefit and to sustain the availability of the services that 

24 such volunteers provide, including the following: 
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1 (1) Transportation at no cost to financially 

2 needy medical patients for medical treatment, eval3 uation, and diagnosis. 

4 (2) Flights for humanitarian and charitable 

5 purposes. 

6 (3) Other flights of compassion. 

7 SEC. 1213. LIABILITY PROTECTION FOR VOLUNTEER PI8 LOTS THAT FLY FOR PUBLIC BENEFIT. 

9 Section 4 of the Volunteer Protection Act of 1997 

10 (42 U.S.C. 14503) is amended in subsection (a)(4)— 

11 (1) by redesignating subparagraphs (A) and 

12 (B) as clauses (i) and (ii), respectively; 

13 (2) by striking ‘‘the harm’’ and inserting ‘‘(A) 

14 except in the case of subparagraph (B), the harm’’; 

15 (3) in subparagraph (A)(ii), as redesignated by 

16 this paragraph, by striking the period at the end and 

17 inserting ‘‘; and’’; and 

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

19 ‘‘(B) the volunteer— 

20 ‘‘(i) was operating an aircraft to promote 

21 the activities of volunteer pilots that fly for 

22 public benefit and to sustain the availability of 

23 the services that such volunteers provide, in24 cluding transportation at no cost to financially 

25 needy medical patients for medical treatment, 
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1 evaluation, and diagnosis, and for humanitarian 

2 and charitable purposes; and 

3 ‘‘(ii) was properly licensed and insured for 

4 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, imistration, and for other purposes. system, reauthorize the Federal Aviation Admin- vide for modernization of the air traffic control transportation by air in the United States, pro- prove the safety, reliability, and availability of