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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1451 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1451

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2009

   Mr. Rockefeller (for himself, Mrs. Hutchison, Mr. Dorgan, and Mr. 
    DeMint) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

Sec. 101. Operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Research and development.
Sec. 104. Airport planning and development and noise compatibility 
                            planning and programs.
Sec. 105. Other aviation programs.
Sec. 106. Delineation of Next Generation Air Transportation System 
                            projects.
Sec. 107. Funding for administrative expenses for airport programs.
                     TITLE II--AIRPORT IMPROVEMENTS

Sec. 201. Reform of passenger facility charge authority.
Sec. 202. Passenger facility charge pilot program.
Sec. 203. Amendments to grant assurances.
Sec. 204. Government share of project costs.
Sec. 205. Amendments to allowable costs.
Sec. 206. Sale of private airport to public sponsor.
Sec. 207. Government share of certain air project costs.
Sec. 208. Miscellaneous amendments.
Sec. 209. State block grant program.
Sec. 210. Airport funding of special studies or reviews.
Sec. 211. Grant eligibility for assessment of flight procedures.
Sec. 212. Safety-critical airports.
Sec. 213. Environmental mitigation demonstration pilot program.
Sec. 214. Allowable project costs for airport development program.
Sec. 215. Glycol recovery vehicles.
Sec. 216. Research improvement for aircraft.
Sec. 217. United States Territory minimum guarantee.
Sec. 218. Merrill Field Airport, Anchorage, Alaska.
      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. Unmanned aerial systems.
Sec. 320. Surface Systems Program Office.
Sec. 321. Stakeholder coordination.
Sec. 322. FAA task force on air traffic control facility conditions.
Sec. 323. State ADS-B equipage bank pilot program.
Sec. 324. Definitions.
 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.
          SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

Sec. 411. EAS connectivity program.
Sec. 412. Extension of final order establishing mileage adjustment 
                            eligibility.
Sec. 413. EAS contract guidelines.
Sec. 414. Conversion of former EAS airports.
Sec. 415. EAS reform.
Sec. 416. Small community air service.
Sec. 417. EAS marketing.
Sec. 418. Rural aviation improvement.
                       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.
                            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. Flight crew fatigue.
Sec. 507. Increasing safety for helicopter and fixed wing emergency 
                            medical service operators and patients.
Sec. 508. Cabin crew communication.
Sec. 509. Clarification of memorandum of understanding with OSHA.
Sec. 510. Acceleration of development and implementation of required 
                            navigation performance approach procedures.
Sec. 511. Improved safety information.
Sec. 512. Voluntary disclosure reporting process improvements.
Sec. 513. Procedural improvements for inspections.
Sec. 514. Independent review of safety issues.
Sec. 515. National review team.
Sec. 516. FAA Academy improvements.
Sec. 517. Reduction of runway incursions and operational errors.
Sec. 518. Aviation safety whistleblower investigation office.
Sec. 519. Modification of customer service initiative.
Sec. 520. Headquarters review of air transportation oversight system 
                            database.
Sec. 521. Inspection of foreign repair stations.
Sec. 522. Non-certificated maintenance providers.
                       SUBTITLE B--FLIGHT SAFETY

Sec. 551. Pilot applicant employment records.
Sec. 552. Air carrier safety management systems.
Sec. 553. Implementation of NTSB recommendations.
Sec. 554. Improved Flight Operational Quality Assurance, Aviation 
                            Safety Action, and Line Operational Safety 
                            Audit programs.
Sec. 555. Re-evaluation of flight crew training, testing, and 
                            certification requirements.
Sec. 556. Safety inspections of regional air carriers.
Sec. 557. Establishment of safety standards with respect to the 
                            training, hiring, and operation of aircraft 
                            by pilots.
Sec. 558. Oversight of pilot training schools.
Sec. 559. Definitions.
                      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 clean coal fuel technology for civilian 
                            aircraft.
Sec. 604. Advisory committee on future of aeronautics.
Sec. 605. Research program to improve airfield pavements.
Sec. 606. Wake turbulence, volcanic ash, and weather research. 
Sec. 607. Incorporation of unmanned aerial 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.
                        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. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

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

SEC. 3. EFFECTIVE DATE.

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

                        TITLE I--AUTHORIZATIONS

SEC. 101. OPERATIONS.

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

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    Section 48101(a) is amended by striking paragraphs (1) through (4) 
and inserting the following:
            ``(1) $3,500,000,000 for fiscal year 2010, of which 
        $500,000,000 is derived from the Air Traffic Control System 
        Modernization Account of the Airport and Airways Trust Fund; 
        and
            ``(2) $3,600,000,000 for fiscal year 2011, of which 
        $500,000,000 is derived from the Air Traffic Control System 
        Modernization Account of the Airport and Airways Trust Fund.''.

SEC. 103. RESEARCH AND DEVELOPMENT.

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

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

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

SEC. 105. OTHER AVIATION PROGRAMS.

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

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

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

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

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

``48105. Airport programs administrative expenses.''.

                     TITLE II--AIRPORT IMPROVEMENTS

SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.

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

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

SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

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

SEC. 203. AMENDMENTS TO GRANT ASSURANCES.

    Section 47107 is amended--
            (1) by striking ``made;'' in subsection (a)(16)(D)(ii) and 
        inserting ``made, except that, if there is a change in airport 
        design standards that the Secretary determines is beyond the 
        owner or operator's control that requires the relocation or 
        replacement of an existing airport facility, the Secretary, 
        upon the request of the owner or operator, may grant funds 
        available under section 47114 to pay the cost of relocating or 
        replacing such facility;'';
            (2) by striking ``purpose;'' in subsection (c)(2)(A)(i) and 
        inserting ``purpose, which includes serving as noise buffer 
        land;'';
            (3) by striking ``paid to the Secretary for deposit in the 
        Fund if another eligible project does not exist.'' in 
        subsection (c)(2)(B)(iii) and inserting ``reinvested in another 
        project at the airport or transferred to another airport as the 
        Secretary prescribes.''; and
            (4) by redesignating paragraph (3) of subsection (c) as 
        paragraph (4) and inserting after paragraph (2) the following:
    ``(3) In approving the reinvestment or transfer of proceeds under 
paragraph (2)(C)(iii), the Secretary shall give preference, in 
descending order, to--
            ``(i) reinvestment in an approved noise compatibility 
        project;
            ``(ii) reinvestment in an approved project that is eligible 
        for funding under section 47117(e);
            ``(iii) reinvestment in an airport development project that 
        is eligible for funding under section 47114, 47115, or 47117 
        and meets the requirements of this chapter;
            ``(iv) transfer to the sponsor of another public airport to 
        be reinvested in an approved noise compatibility project at 
        such airport; and
            ``(v) payment to the Secretary for deposit in the Airport 
        and Airway Trust Fund established under section 9502 of the 
        Internal Revenue Code of 1986 (26 U.S.C. 9502).''.

SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS.

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

SEC. 205. AMENDMENTS TO ALLOWABLE COSTS.

    Section 47110 is amended--
            (1) by striking subsection (d) and inserting the following:
    ``(d) Relocation of Airport-Owned Facilities.--The Secretary may 
determine that the costs of relocating or replacing an airport-owned 
facility are allowable for an airport development project at an airport 
only if--
            ``(1) the Government's share of such costs is paid with 
        funds apportioned to the airport sponsor under sections 
        47114(c)(1) or 47114(d)(2);
            ``(2) the Secretary determines that the relocation or 
        replacement is required due to a change in the Secretary's 
        design standards; and
            ``(3) the Secretary determines that the change is beyond 
        the control of the airport sponsor.''; and
            (2) by striking ``facilities, including fuel farms and 
        hangars,'' in subsection (h) and inserting ``facilities, as 
        defined by section 47102,''.

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

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

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

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

SEC. 208. MISCELLANEOUS AMENDMENTS.

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

SEC. 209. STATE BLOCK GRANT PROGRAM.

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

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

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

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

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

SEC. 212. SAFETY-CRITICAL AIRPORTS.

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

SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT PROGRAM.

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

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

SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DEVELOPMENT PROGRAM.

    Section 47110(c) is amended--
            (1) by striking ``; or'' in paragraph (1) and inserting a 
        semicolon;
            (2) by striking ``project.'' in paragraph (2) and inserting 
        ``project; or''; and
            (3) by adding at the end the following:
            ``(3) necessarily incurred in anticipation of severe 
        weather.''.

SEC. 215. GLYCOL RECOVERY VEHICLES.

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

SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.

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

SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.

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

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

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

      TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM

SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.

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

SEC. 302. NEXTGEN MANAGEMENT.

    (a) In General.--The Administrator shall appoint or designate an 
individual, as the Chief NextGen Officer, to be responsible for 
implementation of all Administration programs associated with the Next 
Generation Air Transportation System.
    (b) Specific Duties.--The individual appointed or designated under 
subsection (a) shall--
            (1) oversee the implementation of all Administration 
        NextGen programs;
            (2) coordinate implementation of those NextGen programs 
        with the Office of Management and Budget;
            (3) develop an annual NextGen implementation plan; and
            (4) oversee the Joint Planning and Development Office's 
        facilitation of cooperation among all Federal agencies whose 
        operations and interests are affected by implementation of the 
        NextGen programs.

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

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

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

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

SEC. 305. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

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

SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.

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

SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.

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

SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESSMENT.

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

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

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

SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.

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

SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

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

SEC. 312. EDUCATIONAL REQUIREMENTS.

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

SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM.

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

SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES.

    (a) OEP Airport Procedures.--
            (1) In general.--Within 6 months after the date of 
        enactment of this Act, the Administrator shall publish a 
        report, after consultation with representatives of appropriate 
        Administration employee groups, airport operators, air 
        carriers, and aircraft manufacturers that includes the 
        following:
                    (A) RNP/RNAV operations.--The required navigation 
                performance and area navigation operations, including 
                the procedures to be developed, certified, and 
                published and the air traffic control operational 
                changes, to maximize the efficiency and capacity of 
                NextGen commercial operations at the 35 Operational 
                Evolution Partnership airports identified by the 
                Administration.
                    (B) Coordination and implementation activities.--A 
                description of the activities and operational changes 
                and approvals required to coordinate and utilize those 
                procedures at those airports.
                    (C) Implementation plan.--A plan for implementing 
                those procedures that establishes--
                            (i) clearly defined budget, schedule, 
                        project organization, and leadership 
                        requirements;
                            (ii) specific implementation and transition 
                        steps; and
                            (iii) baseline and performance metrics for 
                        measuring the Administration's progress in 
                        implementing the plan, including the percentage 
                        utilization of required navigation performance 
                        in the National Airspace System.
                    (D) Cost/benefit analysis for third-party usage.--
                An assessment of the costs and benefits of using third 
                parties to assist in the development of the procedures.
                    (E) Additional procedures.--A process for the 
                identification, certification, and publication of 
                additional required navigation performance and area 
                navigation procedures that may be required at such 
                airports in the future.
            (2) Implementation schedule.--The Administrator shall 
        certify, publish, and implement--
                    (A) 30 percent of the required procedures within 18 
                months after the date of enactment of this Act;
                    (B) 60 percent of the procedures within 36 months 
                after the date of enactment of this Act; and
                    (C) 100 percent of the procedures before January 1, 
                2014.
    (b) Expansion of Plan to Other Airports.--
            (1) In general.--No later than January 1, 2014, the 
        Administrator shall publish a report, after consultation with 
        representatives of appropriate Administration employee groups, 
        airport operators, and air carriers, that includes a plan for 
        applying the procedures, requirements, criteria, and metrics 
        described in subsection (a)(1) to other airports across the 
        Nation.
            (2) Implementation schedule.--The Administrator shall 
        certify, publish, and implement--
                    (A) 25 percent of the required procedures at such 
                other airports before January 1, 2015;
                    (B) 50 percent of the procedures at such other 
                airports before January 1, 2016;
                    (C) 75 percent of the procedures at such other 
                airports before January 1, 2017; and
                    (D) 100 percent of the procedures before January 1, 
                2018.
    (c) Establishment of Priorities.--The Administrator shall extend 
the charter of the Performance Based Navigation Aviation Rulemaking 
Committee as necessary to authorize and request it to establish 
priorities for the development, certification, publication, and 
implementation of the navigation performance and area navigation 
procedures based on their potential safety and congestion benefits.
    (d) Coordinated and Expedited Review.--Navigation performance and 
area navigation procedures developed, certified, published, and 
implemented under this section shall be presumed to be covered by a 
categorical exclusion (as defined in section 1508.4 of title 40, Code 
of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the 
Administrator determines that extraordinary circumstances exist with 
respect to the procedure.
    (e) Deployment Plan for Nationwide Data Communications System.--
Within 1 year after the date of enactment of this Act, the 
Administrator shall submit a plan for implementation of a nationwide 
communications system to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure. The plan shall include--
            (1) clearly defined budget, schedule, project organization, 
        and leadership requirements;
            (2) specific implementation and transition steps; and
            (3) baseline and performance metrics for measuring the 
        Administration's progress in implementing the plan.
    (f) Improved Performance Standards.--Within 90 days after the date 
of enactment of this Act, the Administrator shall submit a report to 
the Senate committee on commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infrastructure 
that--
            (1) evaluates whether utilization of ADS-B, RNP, and other 
        technologies as part of the NextGen Air Transportation System 
        implementation plan will display the position of aircraft more 
        accurately and frequently so as to enable a more efficient use 
        of existing airspace and result in reduced consumption of 
        aviation fuel and aircraft engine emissions;
            (2) evaluates the feasibility of reducing aircraft 
        separation standards in a safe manner as a result of 
        implementation of such technologies; and
            (3) if the Administrator determines that such standards can 
        be reduced safely, includes a timetable for implementation of 
        such reduced standards.

SEC. 315. ADS-B DEVELOPMENT AND IMPLEMENTATION.

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

SEC. 316. EQUIPAGE INCENTIVES.

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

SEC. 317. PERFORMANCE METRICS.

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

SEC. 318. CERTIFICATION STANDARDS AND RESOURCES.

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

SEC. 319. UNMANNED AERIAL SYSTEMS.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Administrator shall develop a plan to accelerate the 
integration of unmanned aerial systems into the National Airspace 
System that--
            (1) creates a pilot project to integrate such vehicles into 
        the National Airspace System at 2 test sites in the National 
        Airspace System by 2012;
            (2) creates a safe, non-exclusionary airspace designation 
        for cooperative manned and unmanned flight operations in the 
        National Airspace System;
            (3) establishes a process to develop certification, flight 
        standards, and air traffic requirements for such vehicles at 
        the test sites;
            (4) dedicates funding for unmanned aerial systems research 
        and development to certification, flight standards, and air 
        traffic requirements;
            (5) encourages leveraging and coordination of such research 
        and development activities with the National Aeronautics and 
        Space Administration and the Department of Defense;
            (6) addresses both military and civilian unmanned aerial 
        system operations;
            (7) ensures the unmanned aircraft systems integration plan 
        is incorporated in the Administration's NextGen Air 
        Transportation System implementation plan; and
            (8) provides for verification of the safety of the vehicles 
        and navigation procedures before their integration into the 
        National Airspace System.

SEC. 320. SURFACE SYSTEMS PROGRAM OFFICE.

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

SEC. 321. STAKEHOLDER COORDINATION.

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

SEC. 322. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY CONDITIONS.

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

SEC. 323. STATE ADS-B EQUIPAGE BANK PILOT PROGRAM.

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

SEC. 324. DEFINITIONS.

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

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

                    SUBTITLE A--CONSUMER PROTECTION

SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT.

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

               ``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE

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

               ``subchapter iv--airline customer service

``41781. Air carrier and airport contingency plans for long on-board 
                            tarmac delays.
``41782. Air passenger complaints hotline and information.''.

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

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

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

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

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

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

SEC. 405. DISCLOSURE OF PASSENGER FEES.

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

          SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

SEC. 411. EAS CONNECTIVITY PROGRAM.

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

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

    Section 409(d) of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 40101 note) is amended by striking 
``September 30, 2007.'' and inserting ``September 30, 2011.''.

SEC. 413. EAS CONTRACT GUIDELINES.

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

SEC. 414. CONVERSION OF FORMER EAS AIRPORTS.

    (a) In General.--Section 41745 is amended--
            (1) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Conversion of Lost Eligibility Airports.--
            ``(1) In general.--The Secretary shall establish a program 
        to provide general aviation conversion funding for airports 
        serving eligible places that the Secretary has determined no 
        longer qualify for a subsidy.
            ``(2) Grants.--A grant under this subsection--
                    ``(A) may not exceed twice the compensation paid to 
                provide essential air service to the airport in the 
                fiscal year preceding the fiscal year in which the 
                Secretary determines that the place served by the 
                airport is no longer an eligible place; and
                    ``(B) may be used--
                            ``(i) for airport development (as defined 
                        in section 47102(3)) that will enhance general 
                        aviation capacity at the airport;
                            ``(ii) to defray operating expenses, if 
                        such use is approved by the Secretary; or
                            ``(iii) to develop innovative air service 
                        options, such as on-demand or air taxi 
                        operations, if such use is approved by the 
                        Secretary.
            ``(3) AIP requirements.--An airport sponsor that uses funds 
        provided under this subsection for an airport development 
        project shall comply with the requirements of subchapter I of 
        chapter 471 applicable to airport development projects funded 
        under that subchapter with respect to the project funded under 
        this subsection.
            ``(4) Limitation.--The sponsor of an airport receiving 
        funding under this subsection is not eligible for funding under 
        section 41736.''.
    (b) Conforming Amendment.--Section 41745(f), as redesignated, is 
amended--
            (1) by striking ``An eligible place'' and inserting 
        ``Neither an eligible place, nor a place to which subsection 
        (c) applies,''; and
            (2) by striking ``not''.

SEC. 415. EAS REFORM.

    Section 41742(a) is amended--
            (1) by adding at the end of paragraph (1) ``Any amount in 
        excess of $50,000,000 credited for any fiscal year to the 
        account established under section 45303(c) shall be obligated 
        for programs under section 406 of the Vision 100--Century of 
        Aviation Reauthorization Act (49 U.S.C. 40101 note) and section 
        41745 of this title. Amounts appropriated pursuant to this 
        section shall remain available until expended.''; and
            (2) by striking ``$77,000,000'' in paragraph (2) and 
        inserting ``$125,000,000''.

SEC. 416. SMALL COMMUNITY AIR SERVICE.

    (a) Priorities.--Section 41743(c)(5) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (D);
            (2) by striking ``fashion.'' in subparagraph (E) and 
        inserting ``fashion; and''; and
            (3) by adding at the end the following:
                    ``(F) multiple communities cooperate to submit a 
                region or multistate application to improve air 
                service.''.
    (b) Extension of Authorization.--Section 41743(e)(2) is amended by 
striking ``2008'' and inserting ``2011''.

SEC. 417. EAS MARKETING.

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

SEC. 418. RURAL AVIATION IMPROVEMENT.

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

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

``41750. Preferred essential air service.''.
    (c) Restoration of Eligibility to a Place Determined by the 
Secretary To Be Ineligible for Subsidized Essential Air Service.--
Section 41733 is amended by adding at the end the following new 
subsection:
    ``(f) Restoration of Eligibility for Subsidized Essential Air 
Service.--
            ``(1) In general.--If the Secretary of Transportation 
        terminates the eligibility of an otherwise eligible place to 
        receive basic essential air service by an air carrier for 
        compensation under subsection (c), a State or local government 
        may submit to the Secretary a proposal for restoring such 
        eligibility.
            ``(2) Determination by secretary.--If the per passenger 
        subsidy required by the proposal submitted by a State or local 
        government under paragraph (1) does not exceed the per 
        passenger subsidy cap provided under this subchapter, the 
        Secretary shall issue an order restoring the eligibility of the 
        otherwise eligible place to receive basic essential air service 
        by an air carrier for compensation under subsection (c).''.
    (d) Office of Rural Aviation.--
            (1) Establishment.--There is established within the Office 
        of the Secretary of Transportation the Office of Rural 
        Aviation.
    (e) Functions.--The functions of the Office are--
            (1) to develop a uniform 4-year contract for air carriers 
        providing essential air service to communities under subchapter 
        II of chapter 417 of title 49, United States Code;
            (2) to develop a mechanism for comparing applications 
        submitted by air carriers under section 41733(c) to provide 
        essential air service to communities, including comparing--
                    (A) estimates from air carriers on--
                            (i) the cost of providing essential air 
                        service; and
                            (ii) the revenues air carriers expect to 
                        receive when providing essential air service; 
                        and
                    (B) estimated schedules for air transportation; and
            (3) to select an air carrier from among air carriers 
        applying to provide essential air service, based on the 
        criteria described in paragraph (2).
    (f) Extension of Authority To Make Agreements under the Essential 
Air Service Program.--Section 41743(e)(2) is amended by striking 
``2008'' and inserting ``2011''.
    (g) Adjustments To Compensation for Significantly Increased 
Costs.--Section 41737 is amended by adding at the end thereof the 
following:
    ``(f) Fuel Cost Subsidy Disregard.--Any amount provided as an 
adjustment in compensation pursuant to subsection (a)(1)(D) shall be 
disregarded for the purpose of determining whether the amount of 
compensation provided under this subchapter with respect to an eligible 
place exceeds the per passenger subsidy exceeds the dollar amount 
allowable under this subchapter.''.

                       SUBTITLE C--MISCELLANEOUS

SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

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

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

SEC. 432. CONTRACT TOWER PROGRAM.

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

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

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

                            TITLE V-- SAFETY

                      SUBTITLE A--AVIATION SAFETY

SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN.

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

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

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

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

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

SEC. 504. DESIGN ORGANIZATION CERTIFICATES.

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

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

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

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

SEC. 506. FLIGHT CREW FATIGUE.

    (a) In General.--Within 3 months after the date of enactment of 
this Act the Administrator of the Federal Aviation Administration shall 
conclude arrangements with the National Academy of Sciences for a study 
of pilot fatigue.
    (b) Study.--The study shall include consideration of--
            (1) research on fatigue, sleep, and circadian rhythms;
            (2) sleep and rest requirements recommended by the National 
        Transportation Safety Board; and
            (3) international standards.
    (c) Report.--Within 18 months after initiating the study, the 
National Academy shall submit a report to the Administrator containing 
its findings and recommendations, including recommendations with 
respect to Federal Aviation Regulations governing flight limitation and 
rest requirements.
    (d) Rulemaking.--After the Administrator receives the National 
Academy's report, the Federal Aviation Administration shall consider 
the findings of the National Academy in its rulemaking proceeding on 
flight time limitations and rest requirements.
    (e) Implementation of Flight Attendant Fatigue Study 
Recommendations.--Within 60 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
initiate a process to carry out the recommendations of the Civil 
Aerospace Medical Institute study on flight attendant fatigue.

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

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

SEC. 508. CABIN CREW COMMUNICATION.

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

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

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

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

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

SEC. 511. IMPROVED SAFETY INFORMATION.

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

SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS IMPROVEMENTS.

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

SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS.

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

SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES.

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

SEC. 515. NATIONAL REVIEW TEAM.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall establish a national review team within the Administration to 
conduct periodic, random reviews of the Administration's oversight of 
air carriers and report annually its findings and recommendations to 
the Administrator, the Senate Commerce, Science, and Transportation 
Committee, and the House of Representatives Committee on Transportation 
and Infrastructure.
    (b) Inspector General Reports.--The Inspector General of the 
Department of Transportation shall provide progress reports to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure on 
the review teams and their effectiveness.
    (c) Additional Safety Inspectors.--From amounts appropriated 
pursuant to section 106(k)(1) of title 49, United States Code, the 
Administrator of the Federal Aviation Administration may hire a net 
increase of 200 additional safety inspectors.

SEC. 516. FAA ACADEMY IMPROVEMENTS.

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

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

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

SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

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

SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

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

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

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

SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS.

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

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

SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS.

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

                       SUBTITLE B--FLIGHT SAFETY

SEC. 551. PILOT APPLICANT EMPLOYMENT RECORDS.

    (a) In General.--Section 44703(h) is amended to read as follows:
    ``(h) Records of Employment, Training, and Testing.--
            ``(1) In general.--The Administrator of the Federal 
        Aviation Administration shall establish and maintain a pilot 
        employment, training, and testing database and shall publish 
        notice in the Federal Register when the database is 
        operational. The database shall include the following 
        information:
                    ``(A) FAA records.--From the Federal Aviation 
                Administration, records pertaining to the individual 
                that are maintained by the Administration concerning--
                            ``(i) current airman certificates 
                        (including airman medical certificates) and 
                        associated type ratings, including any 
                        limitations to those certificates and ratings;
                            ``(ii) any failed attempt of the individual 
                        to pass a practical test required to obtain a 
                        certificate or type rating under part 61 of 
                        title 14, Code of Federal Regulations; and
                            ``(iii) summaries of legal enforcement 
                        actions resulting in a finding by the 
                        Administrator of a violation of this title or a 
                        regulation prescribed or order issued under 
                        this title that was not subsequently 
                        overturned.
                    ``(B) Air carrier and other records.--From any air 
                carrier or other person (except a branch of the United 
                States Armed Forces, the National Guard, or a reserve 
                component of the United States Armed Forces) that has 
                employed the individual as a pilot of a civil or public 
                aircraft, or from the trustee in bankruptcy for such 
                air carrier or person--
                            ``(i) records pertaining to the individual 
                        that are maintained by an air carrier (other 
                        than records relating to flight time, duty 
                        time, or rest time) under regulations set forth 
                        in--
                                    ``(I) section 121.683 of title 14, 
                                Code of Federal Regulations;
                                    ``(II) paragraph (A) of section VI, 
                                appendix I, part 121 of such title;
                                    ``(III) paragraph (A) of section 
                                IV, appendix J, part 121 of such title;
                                    ``(IV) section 125.401 of such 
                                title; and
                                    ``(V) section 135.63(a)(4) of such 
                                title; and
                            ``(ii) other records pertaining to the 
                        individual's performance as a pilot that are 
                        maintained by the air carrier or person 
                        concerning--
                                    ``(I) the training, qualifications, 
                                proficiency, or professional competence 
                                of the individual, including comments 
                                and evaluations made by a check airman 
                                designated in accordance with section 
                                121.411, 125.295, or 135.337 of such 
                                title;
                                    ``(II) any disciplinary action 
                                taken with respect to the individual 
                                that was not subsequently overturned; 
                                and
                                    ``(III) any release from employment 
                                or resignation, termination, or 
                                disqualification with respect to 
                                employment.
                    ``(C) National driver register records.--In 
                accordance with section 30305(b)(8), from the chief 
                driver licensing official of a State, information 
                concerning the motor vehicle driving record of the 
                individual.
            ``(2) Records of current employees.--Each air carrier shall 
        submit to the Administrator, for inclusion in the database 
        established under paragraph (1)--
                    ``(A) not later than 180 days after the date on 
                which notice of the establishment of the database is 
                published, the records described in paragraph (1)(B) 
                concerning any pilot employed by the air carrier; and
                    ``(B) after such date, not later than 30 days after 
                the generation of any new records described in 
                paragraph (1)(B), such new records.
            ``(3) Right of pilot to review.--Notwithstanding any other 
        provision of law or agreement, the Administrator, upon written 
        request from a pilot, shall make available to the pilot for 
        review and correction, within a reasonable time, but not later 
        than 30 days after the date of the request, a copy of all 
        records referred to in paragraph (1) pertaining to the pilot.
            ``(4) Right to receive notice and copy of any record 
        furnished.--A person who receives a request for records 
        described in paragraph (1) shall provide to the individual who 
        is the subject of the records--
                    ``(A) on or before the 20th day following the date 
                of receipt of the request, written notice of the 
                request and of the individual's right to receive a copy 
                of such records; and
                    ``(B) in accordance with paragraph (3), a copy of 
                such records, if requested by the individual.
            ``(5) Right to correct inaccuracies.--An air carrier that 
        maintains or requests and receives the records of an individual 
        under paragraph (1) shall provide the individual with a 
        reasonable opportunity to submit written comments to correct 
        any inaccuracies contained in the records before making a final 
        hiring decision with respect to the individual. After the 
        database established under paragraph (1) is operational, the 
        air carrier shall submit any corrections made or accepted by 
        the air carrier to the Administration for inclusion in the 
        database within 30 days after the corrections are made or 
        accepted by the air carrier.
            ``(6) Privacy protections.--An air carrier that maintains, 
        or requests and receives, the records described in paragraph 
        (1) of an individual may use such records only to assess the 
        qualifications of the individual in deciding whether or not to 
        hire the individual as a pilot. The air carrier shall take such 
        actions as may be necessary to protect the privacy of the pilot 
        and the confidentiality of the records, including ensuring that 
        information contained in the records is not divulged to any 
        individual that is not directly involved in the hiring 
        decision.
            ``(7) Periodic review.--Not later than 18 months after the 
        date of the enactment of the FAA Air Transportation 
        Modernization and Safety Improvement Act, and at least once 
        every 3 years thereafter, the Administrator shall submit to 
        Congress a statement that contains, taking into account recent 
        developments in the aviation industry--
                    ``(A) recommendations by the Administrator 
                concerning proposed changes to Administration records, 
                air carrier records, and other records required to be 
                furnished under paragraph (1); or
                    ``(B) reasons why the Administrator does not 
                recommend any proposed changes to the records referred 
                to in paragraph (1).
            ``(8) Rulemaking.--The Administrator shall prescribe such 
        regulations as may be necessary--
                    ``(A) to protect--
                            ``(i) the personal privacy of any 
                        individual whose records are included in the 
                        database established under paragraph (1); and
                            ``(ii) the confidentiality of those 
                        records;
                    ``(B) to preclude the further dissemination of 
                records received under paragraph (1) by the person who 
                requested those records; and
                    ``(C) to ensure prompt compliance with any request 
                made under this subsection.
            ``(9) Special rules with respect to certain pilots.--
                    ``(A) Pilots of certain small aircraft.--
                Notwithstanding paragraph (1), an air carrier, before 
                receiving information requested about an individual 
                under this subsection, may allow the individual to 
                begin service for a period not to exceed 90 days as a 
                pilot of an aircraft with a maximum payload capacity 
                (as defined in section 119.3 of title 14, Code of 
                Federal Regulations) of 7,500 pounds or less, or a 
                helicopter, on a flight that is not a scheduled 
                operation (as defined in such section). Before the end 
                of the 90-day period, the air carrier shall obtain and 
                evaluate such information. The contract between the 
                carrier and the individual shall contain a term that 
                provides that the continuation of the individual's 
                employment, after the last day of the 90-day period, 
                depends on a satisfactory evaluation.
                    ``(B) Good faith exception.--Until the database 
                required by paragraph (1) is established, an air 
                carrier, without obtaining information about an 
                individual under paragraph (1) from an air carrier or 
                other person that no longer exists or from a foreign 
                government or entity that employed the individual, may 
                allow the individual to begin service as a pilot if the 
                air carrier required to request the information has 
                made a documented good faith attempt to obtain such 
                information.
            ``(10) Review of prospective pilots' records.--Except as 
        provided in paragraph (9), before allowing an individual to 
        begin service as a pilot an air carrier shall request a copy of 
        the records described in paragraph (1) pertaining to the pilot 
        for the preceding 10 years and review the records.
            ``(11) Electronic access to FAA records.--For the purpose 
        of increasing timely and efficient access to Federal Aviation 
        Administration records described in paragraph (1), the 
        Administrator may allow, under terms established by the 
        Administrator, an individual designated by the air carrier to 
        have electronic access to a specified database containing 
        information about such records. The terms shall limit such 
        access to instances in which information in the database is 
        required by the designated individual in making a hiring 
        decision concerning a pilot applicant and shall require that 
        the designated individual provide assurances satisfactory to 
        the Administrator that information obtained using such access 
        will not be used for any purpose other than making the hiring 
        decision.''.
    (b) Limitation on Liability.--Section 44703(i)(1) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``and who has signed a release from liability''; and
            (2) in subparagraph (B), by striking ``complied with such 
        request'' and inserting ``furnished records to the 
        Administrator in accordance with subsection (h)(1)''.
    (c) Transition Rule.--Until the date on which the Administrator 
publishes notice in the Federal Register that the database required by 
section 44703(h)(1) of title 49, United States Code (as amended by 
subsection (a)) is operational, the provisions of section 44703(h) of 
such title, as that section was in effect on the day before the date of 
enactment of this Act, shall remain in effect, except that such 
provisions shall be applied--
            (1) by substituting ``10-year period'' for ``5-year 
        period'' in paragraph (1)(B); and
            (2) without regard to paragraph (3).

SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS.

    (a) In General.--Within 60 days after the date of enactment of this 
Act, the Administrator shall initiate and complete a rulemaking to 
require part 121 air carriers--
            (1) to implement, as part of their safety management 
        systems--
                    (A) an Aviation Safety Action Program;
                    (B) a Flight Operations Quality Assurance Program;
                    (C) a Line Operational Safety Audit Program; and
                    (D) a Flight Crew Fatigue Risk Management Program;
            (2) to implement appropriate privacy protection safeguards 
        with respect to data included in such programs; and
            (3) to provide appropriate collaboration and operational 
        oversight of regional/commuter air carriers by affiliated major 
        air carriers that include--
                    (A) periodic safety audits of flight operations;
                    (B) training, maintenance, and inspection programs; 
                and
                    (C) provisions for the exchange of safety 
                information.
    (b) CVR Data.--The Administrator, acting in collaboration with 
aviation industry interested parties, shall consider the merits and 
feasibility of incorporating cockpit voice recorder data in safety 
oversight practices.
    (c) Enforcement Consistency.--Within 9 months after the date of 
enactment of this Act, the Administrator shall--
            (1) develop and implement a plan that will ensure that the 
        FAA's safety enforcement plan is consistently enforced; and
            (2) ensure that the FAA's safety oversight program is 
        reviewed periodically and updated as necessary.

SEC. 553. IMPLEMENTATION OF NTSB RECOMMENDATIONS.

    (a) In General.--
            (1) Notification.--Within 30 days after the end of each 
        calendar year, the Administrator shall submit a notification to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Transportation 
        and Infrastructure indicating whether the Administrator has 
        determined to implement the safety recommendations made to the 
        FAA by the National Transportation Safety Board during the 
        preceding year.
            (2) Implementation plans.--If the Administrator has 
        determined to implement such a recommendation, the notification 
        shall describe the action the Administrator plans to take to 
        implement the recommendation.
            (3) Explanation of non-implementation.--If the 
        Administrator has determined not to implement such a 
        recommendation, the notification shall describe the reason for 
        the determination.
    (b) Pending Recommendations.--Within 180 days after the date of 
enactment of this Act, the Administrator shall submit a notification to 
those Committees with respect to each safety recommendation made to the 
FAA by the National Transportation Safety Board that was made before 
the date of enactment of this Act that was not implemented before that 
date containing the implementation plans, or an explanation of non-
implementation, for each such recommendation.

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

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

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

    (a) Training and Testing.--The Administrator shall develop and 
implement a plan for reevaluation of flight crew training regulations 
in effect on the date of enactment of this Act, including regulations 
for--
            (1) classroom instruction requirements governing curriculum 
        content and hours of instruction;
            (2) crew leadership training; and
            (3) initial and recurrent testing requirements for pilots, 
        including the rigor and consistency of testing programs such as 
        check rides.
    (b) Best Practices.--The plan shall incorporate best practices in 
the aviation industry with respect to training protocols, methods, and 
procedures.
    (c) Certification.--The Administrator shall initiate a rulemaking 
to re-evaluate FAA regulations governing the minimum requirements--
            (1) to become a commercial pilot;
            (2) to receive an Air Transport Pilot Certificate to become 
        a captain; and
            (3) to transition to a new type of aircraft.

SEC. 556. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.

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

SEC. 557. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE 
              TRAINING, HIRING, AND OPERATION OF AIRCRAFT BY PILOTS.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall issue a final rule with respect to the Notice 
of Proposed Rulemaking published in the Federal Register on January 12, 
2009 (74 Fed. Reg. 1280), relating to training programs for flight crew 
members and aircraft dispatchers.

SEC. 558. OVERSIGHT OF PILOT TRAINING SCHOOLS.

    Not later than 1 year after the date of the enactment of this Act, 
the Administrator shall submit to Congress a plan for overseeing pilot 
schools certified under part 141 of title 14, Code of Federal 
Regulations, that includes--
            (1) ensuring that the curriculum and course outline 
        requirements for such schools under subpart C of such part are 
        being met; and
            (2) conducting on-site inspections of each such school not 
        less frequently than once every 2 years.

SEC. 559. DEFINITIONS.

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

                      TITLE VI--AVIATION RESEARCH

SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.

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

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

    (a) Establishment of Research Program.--From amounts made available 
under section 48102(a) of title 49, United States Code, the 
Administrator of the Federal Aviation Administration shall establish a 
research program related to reducing civilian aircraft source noise and 
emissions through grants or other measures authorized under section 
106(l)(6) of such title, including reimbursable agreements with other 
Federal agencies. The program shall include participation of 
educational and research institutions or private sector entities that 
have existing facilities and experience for developing and testing 
noise, emissions and energy reduction engine and aircraft technology, 
and developing alternative fuels.
    (b) Establishing a Consortium.--Within 6 months after the date of 
enactment of this Act, the Administrator shall designate, using a 
competitive process, an institution, entity, or consortium described in 
subsection (a) as a Consortium for Aviation Noise, Emissions, and 
Energy Technology Research to perform research in accordance with this 
section. The Consortium shall conduct the research program in 
coordination with the National Aeronautics and Space Administration and 
other relevant agencies.
    (c) Performance Objectives.--By September 30, 2016, the research 
program shall accomplish the following objectives:
            (1) Certifiable aircraft technology that reduces fuel burn 
        by 33 percent compared to current technology, reducing energy 
        consumption and greenhouse gas (CO<INF>2</INF>) emissions.
            (2) Certifiable engine technology that reduces landing and 
        takeoff cycle (LTO) nitrogen oxide emissions by 60 percent, at 
        a pressure ratio of 30, over the International Civil Aviation 
        Organization standard adopted at the 6th Meeting of the 
        Committee on Aviation Environmental Protection (CAEP), with 
        commensurate reductions over the full pressure ratio range, 
        while limiting or reducing other gaseous or particle emissions.
            (3) Certifiable aircraft technology that reduces noise 
        levels by 32 EPNdB cumulative, relative to Stage 4 standards.
            (4) Determination of the feasibility of use of alternative 
        fuels in aircraft systems, including successful demonstration 
        and quantification of benefits.
            (5) Determination of the extent to which new engine and 
        aircraft technologies may be used to retrofit or re-engine 
        aircraft so as to increase the level of penetration into the 
        commercial fleet.

SEC. 603. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN 
              AIRCRAFT.

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

SEC. 604. ADVISORY COMMITTEE ON FUTURE OF AERONAUTICS.

    (a) Establishment.--There is established an advisory committee to 
be know as the ``Advisory Committee on the Future of Aeronautics''.
    (b) Membership.--The Advisory Committee shall consist of 7 members 
appointed by the President from a list of 15 candidates proposed by the 
Director of the National Academy of Sciences.
    (c) Chairperson.--The Advisory Committee members shall elect 1 
member to serve as chairperson of the Advisory Committee.
    (d) Functions.--The Advisory Committee shall examine the best 
governmental and organizational structures for the conduct of civil 
aeronautics research and development, including options and 
recommendations for consolidating such research to ensure continued 
United States leadership in civil aeronautics. The Committee shall 
consider transferring responsibility for civil aeronautics research and 
development from the National Aeronautics and Space Administration to 
other existing departments or agencies of the Federal Government or to 
a non-governmental organization such as academic consortia or not-for-
profit organizations. In developing its recommendations, the Advisory 
Committee shall consider, as appropriate, the aeronautics research 
policies developed pursuant to section 101(d) of Public Law 109-155 and 
the requirements and priorities for aeronautics research established by 
title IV of Public Law 109-155.
    (e) Report.--Not later than 12 months after the date on which the 
full membership of the Advisory Committee is appointed, the Advisory 
Committee shall submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House Committees on Science and 
Technology and on Transportation and Infrastructure on its findings and 
recommendations. The report may recommend a rank ordered list of 
acceptable solutions.
    (f) Termination.--The Advisory Committee shall terminate 60 days 
after the date on which it submits the report to the Congress.

SEC. 605. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

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

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

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

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

    (a) Research.--
            (1) Equipment.--Section 44504 is amended--
                    (A) by inserting ``unmanned and manned'' in 
                subsection (a) after ``improve'';
                    (B) by striking ``and'' after the semicolon in 
                subsection (b)(6);
                    (C) by striking ``aircraft.'' in subsection (b)(7) 
                and inserting ``aircraft; and''; and
                    (D) by adding at the end of subsection (b) the 
                following:
            ``(8) in conjunction with other Federal agencies as 
        appropriate, to develop technologies and methods to assess the 
        risk of and prevent defects, failures, and malfunctions of 
        products, parts, and processes, for use in all classes of 
        unmanned aerial systems that could result in a catastrophic 
        failure.''.
            (2) Human Factors; Simulations.--Section 44505(b) is 
        amended--
                    (A) by striking ``and'' after the semicolon in 
                paragraph (4);
                    (B) by striking ``programs.'' in paragraph (5)(C) 
                and inserting ``programs; and''; and
                    (C) by adding at the end thereof the following:
            ``(6) to develop a better understanding of the relationship 
        between human factors and unmanned aerial systems air safety; 
        and
            ``(7) to develop dynamic simulation models of integrating 
        all classes of unmanned aerial systems into the National Air 
        Space.''.
    (b) National Academy of Sciences Assessment.--
            (1) In general.--Within 3 months after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall enter into an arrangement with 
        the National Academy of Sciences for an assessment of unmanned 
        aerial systems that shall include consideration of--
                    (A) human factors regarding unmanned aerial systems 
                operation;
                    (B) ``detect, sense and avoid technologies'' with 
                respect to both cooperative and non-cooperative 
                aircraft;
                    (C) spectrum issues and bandwidth requirements;
                    (D) operation in suboptimal winds and adverse 
                weather conditions;
                    (E) mechanisms for letter others know where the 
                unmanned aerial system is flying;
                    (F) airworthiness and system redundancy;
                    (G) flight termination systems for safety and 
                security;
                    (H) privacy issues;
                    (I) technologies for unmanned aerial systems flight 
                control;
                    (J) technologies for unmanned aerial systems 
                propulsion;
                    (K) unmanned aerial systems operator 
                qualifications, medical standards, and training 
                requirements;
                    (L) unmanned aerial systems maintenance 
                requirements and training requirements; and
                    (M) any other unmanned aerial systems-related issue 
                the Administrator believes should be addressed.
            (2) Report.--Within 12 months after initiating the study, 
        the National Academy shall submit its report to the 
        Administrator, the Senate Committee on Commerce, Science, and 
        Transportation, and the House of Representatives Committee on 
        Transportation and Infrastructure containing its findings and 
        recommendations.
    (c) Pilot Projects.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall establish 3 2-year cost-shared pilot 
        projects in sparsely populated, low-density Class G air traffic 
        airspace to conduct experiments and collect data in order to 
        accelerate the safe integration of unmanned aerial systems into 
        the National Airspace System as follows:
                    (A) 1 project shall address operational issues 
                required for integration of Category 1 unmanned aerial 
                systems.
                    (B) 1 project shall address operational issues 
                required for integration of Category 2 unmanned aerial 
                systems.
                    (C) 1 project shall address operational issues 
                required for integration of Category 3 unmanned aerial 
                systems.
            (2) Use of consortia.--In conducting the pilot projects, 
        the Administrator shall encourage the formation of consortia 
        from the public and private sectors, educational institutions, 
        and non-profit organization.
            (3) Report.--Within 60 days after completing the pilot 
        projects, the Administrator shall transmit a report to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure setting forth the Administrator's findings and 
        conclusions concerning the projects.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator for fiscal years 2008 
        and 2009 such sums as may be necessary to conduct the pilot 
        projects.
    (d) FAA Task List.--
            (1) Streamline unmanned aerial systems certification 
        process.--Within 30 days after the date of enactment of this 
        Act, the Administrator of the Federal Aviation Administration 
        shall develop and transmit an unmanned aerial systems 
        ``roadmap'' to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure.
            (2) Update policy statement.--Within 45 days after the date 
        of enactment of this Act, the Administrator shall issue an 
        updated policy statement on unmanned aerial systems under 
        Docket No. FAA-2006-25714; Notice No. 07-01.
            (3) Issue nprm for certificates.--Within 90 days after the 
        date of enactment of this Act, the Administrator shall publish 
        a notice of proposed rulemaking on issuing airworthiness 
        certificates and experimental certificates to unmanned aerial 
        systems operators for compensation or hire. The Administrator 
        shall promulgate a final rule 90 days after the date on which 
        the notice is published.
            (4) Notice to Congress on basing unmanned aerial systems 
        regulations on ultralight regulations.--Within 90 days after 
        the date of enactment of this Act, the Administrator shall 
        transmit a report to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure on the potential of using 
        part 103 of title 14, Code of Federal Regulations (relating to 
        Ultralight Aircraft), as the regulatory basis for regulations 
        on lightweight unmanned aerial systems.
    (e) Consolidated Rulemaking Deadline.--No later than April 30, 
2010, the Federal Aviation Administration and other affected Federal 
agencies shall have initiated all of the rule makings regarding vehicle 
design requirements, operational requirements, airworthiness 
requirements, and flight crew certifications requirements necessary for 
integrating all categories of unmanned aerial systems into the national 
air space, taking into consideration the recommendations the 
Administrator receives from the National Academy of Sciences report 
under subsection (b), the unmanned aerial systems ``roadmap'' developed 
by the Administrator under subsection (d)(1), the recommendations of 
the Radio Technical Committee Aeronautics Special Committee 203 (RTCA-
SC 203), and the data generated from the 3 pilot projects conducted 
under subsection (c).

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

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

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

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

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

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

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

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

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

    (a) Survey and Assessment.--
            (1) In general.--In order to address safety and operational 
        concerns associated with the construction, alteration, 
        establishment, or expansion of wind farms in proximity to 
        critical FAA facilities, the Administrator shall, within 60 
        days after the date of enactment of this Act, complete a survey 
        and assessment of leases for critical FAA facility sites, 
        including--
                    (A) an inventory of the leases that describes, for 
                each such lease--
                            (i) the periodic cost, location, site, 
                        terms, number of years remaining, and lessor;
                            (ii) other Administration facilities that 
                        share the leasehold, including surveillance and 
                        communications equipment; and
                            (iii) the type of transmission services 
                        supported, including the terms of service, 
                        cost, and support contract obligations for the 
                        services; and
                    (B) a list of those leases for facilities located 
                in or near areas suitable for the construction and 
                operation of wind farms, as determined by the 
                Administrator in consultation with the Secretary of 
                Energy.
            (2) Report.--Upon completion of the survey and assessment, 
        the Administrator shall submit a report to the Senate Committee 
        on Commerce, Science, and Transportation, the House of 
        Representatives Committee on Transportation and Infrastructure, 
        and the Comptroller General containing the Administrator's 
        findings, conclusions, and recommendations.
    (b) GAO Assessment.--
            (1) In general.--Within 180 days after receiving the 
        Administrator's report under subsection (a)(2), the Comptroller 
        General, in consultation with the Administrator, shall--
                    (A) complete an assessment of the current and 
                potential impact of wind farms on the national airspace 
                system;
                    (B) complete an assessment of the extent to which 
                Federal policies and laws that encourage or facilitate 
                the development of wind farms have an impact on 
                implementation of the Next Generation air traffic 
                control system, including the installation of 
                navigational aides associated with that system;
                    (C) determine what resources the Federal Aviation 
                Administration would need to mitigate any obstruction 
                to navigation attributable to wind farms under the 
                existing air traffic control system or the Next 
                Generation air traffic control system;
                    (D) recommend a new procedure, or improvements to 
                the current procedure, to the Administration for 
                mitigation of potential conflicts between navigational 
                aides and wind farms, with an emphasis on early 
                involvement of the Administration in the planning 
                stages for wind farms; and
                    (E) develop a matrix that will indicate how close 
                to navigational aides wind farms can be located and how 
                many turbines can reasonably be placed in the vicinity 
                of such aides.
            (2) Report.--Upon completion of the assessments, the 
        Comptroller General shall submit a report to the Senate 
        Committee on Commerce, Science, and Transportation, the House 
        of Representatives Committee on Transportation and 
        Infrastructure, and the Administrator containing the 
        Comptroller General's findings, conclusions, and 
        recommendations.
    (c) Issuance of Guidelines; Public Information.--
            (1) Guidance.--Within 60 days after the Administrator 
        receives the Comptroller's recommendations, the Administrator 
        shall publish guidelines for the construction and operation of 
        wind farms to be located in proximity to critical Federal 
        Aviation Administration facilities. The guidelines may 
        include--
                    (A) the establishment of a zone system for wind 
                farms based on proximity to critical FAA assets;
                    (B) the establishment of turbine height and density 
                limitations on such wind farms;
                    (C) requirements for notice to the Administration 
                under section 44718(a) of title 49, United States Code, 
                before the construction, alteration, establishment, or 
                expansion of a such a wind farm; and
                    (D) any other requirements or recommendations 
                designed to address Administration safety or 
                operational concerns related to the construction, 
                alteration, establishment, or expansion of such wind 
                farms.
            (2) Public Access to Information.--To the extent feasible, 
        taking into consideration security, operational, and public 
        safety concerns (as determined by the Administrator), the 
        Administrator shall provide public access to information 
        regarding the planning, construction, and operation of wind 
        farms in proximity to critical FAA facilities on, or by linkage 
        from, the homepage of the Federal Aviation Administration's 
        public website.
    (d) Consultation With Other Federal Agencies.--In carrying out this 
section, the Administrator and the Comptroller General shall consult, 
as appropriate, with the Secretaries of the Army, the Navy, the Air 
Force, Homeland Security, and Energy--
            (1) to coordinate the requirements of each department for 
        future air space needs;
            (2) to determine what the acceptable risks are to the 
        existing infrastructure of each department; and
            (3) to define the different levels of risk for such 
        infrastructure.
    (e) Reports.--The Administrator and the Comptroller General shall 
provide a copy of reports under subsections (a) and (b), respectively, 
to the Senate Committee on Homeland Security and Governmental Affairs, 
the Senate Committee on Armed Services, the House of Representatives 
Committee on Homeland Security, the House of Representatives Committee 
on Armed Services, and the House of Representatives Committee on 
Science and Technology, as appropriate.
    (f) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        Federal Aviation Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (3) Critical faa facilities.--The term ``critical FAA 
        facilities'' means facilities on which are located navigational 
        aides, surveillance systems, or communications systems used by 
        the Administration in administration of the national airspace 
        system.
            (4) Wind farm.--The term ``wind farm'' means an 
        installation of 1 or more wind turbines used for the generation 
        of electricity.

                        TITLE VII--MISCELLANEOUS

SEC. 701. GENERAL AUTHORITY.

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

SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.

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

SEC. 703. AIRPORT PROGRAM MODIFICATIONS.

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

SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.

    (a) Extension of Metropolitan Washington Airports Authority.--
Section 49108 is amended by striking ``2009,'' and inserting ``2011,''.
    (b) Marshall Islands, Federated States of Micronesia, and Palau.--
Section 47115(j) is amended by striking ``2009,'' and inserting 
``2011,''.
    (c) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (17 Stat. 2518) is amended by 
striking ``2009,'' and inserting ``2011,''.

SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.

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

SEC. 706. UPDATE ON OVERFLIGHTS.

    (a) In General.--Section 45301(b) is amended to read as follows:
    ``(b) Limitations.--
            ``(1) In general.--In establishing fees under subsection 
        (a), the Administrator shall ensure that the fees required by 
        subsection (a) are reasonably related to the Administration's 
        costs, as determined by the Administrator, of providing the 
        services rendered. Services for which costs may be recovered 
        include the costs of air traffic control, navigation, weather 
        services, training, and emergency services which are available 
        to facilitate safe transportation over the United States, and 
        other services provided by the Administrator or by programs 
        financed by the Administrator to flights that neither take off 
        nor land in the United States. The determination of such costs 
        by the Administrator is not subject to judicial review.
            ``(2) Adjustment of fees.--The Administrator shall adjust 
        the overflight fees established by subsection (a)(1) by 
        expedited rulemaking and begin collections under the adjusted 
        fees by October 1, 2010. In developing the adjusted overflight 
        fees, the Administrator shall seek and consider the 
        recommendations, if any, offered by the Aviation Rulemaking 
        Committee for Overflight Fees that are intended to ensure that 
        overflight fees are reasonably related to the Administrator's 
        costs of providing air traffic control and related services to 
        overflights. In addition, the Administrator may periodically 
        modify the fees established under this section either on the 
        Administrator's own initiative or on a recommendation from the 
        Air Traffic Control Modernization Board.
            ``(3) Cost data.--The adjustment of overflight fees under 
        paragraph (2) shall be based on the costs to the Administration 
        of providing the air traffic control and related activities, 
        services, facilities, and equipment using the available data 
        derived from the Administration's cost accounting system and 
        cost allocation system to users, as well as budget and 
        operational data.
            ``(4) Aircraft altitude.--Nothing in this section shall 
        require the Administrator to take into account aircraft 
        altitude in establishing any fee for aircraft operations in en 
        route or oceanic airspace.
            ``(5) Costs defined.--In this subsection, the term `costs' 
        means those costs associated with the operation, maintenance, 
        debt service, and overhead expenses of the services provided 
        and the facilities and equipment used in such services, 
        including the projected costs for the period during which the 
        services will be provided.
            ``(6) Publication; comment.--The Administrator shall 
        publish in the Federal Register any fee schedule under this 
        section, including any adjusted overflight fee schedule, and 
        the associated collection process as a proposed rule, pursuant 
        to which public comment will be sought and a final rule 
        issued.''.
    (b) Administrative Provision.--Section 45303(c)(2) is amended to 
read as follows:
            ``(2) shall be available to the Administrator for 
        expenditure for purposes authorized by Congress for the Federal 
        Aviation Administration, however, fees established by section 
        45301(a)(1) of title 49 of the United States Code shall be 
        available only to pay the cost of activities and services for 
        which the fee is imposed, including the costs to determine, 
        assess, review, and collect the fee; and''.

SEC. 707. TECHNICAL CORRECTIONS.

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

SEC. 708. FAA TECHNICAL TRAINING AND STAFFING.

    (a) Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the training of airway transportation systems 
        specialists of the Federal Aviation Administration that 
        includes--
                    (A) an analysis of the type of training provided to 
                such specialists;
                    (B) an analysis of the type of training that such 
                specialists need to be proficient in the maintenance of 
                the latest technologies;
                    (C) actions that the Administration has undertaken 
                to ensure that such specialists receive up-to-date 
                training on such technologies;
                    (D) the amount and cost of training provided by 
                vendors for such specialists;
                    (E) the amount and cost of training provided by the 
                Administration after developing in-house training 
                courses for such specialists;
                    (F) the amount and cost of travel required of such 
                specialists in receiving training; and
                    (G) a recommendation regarding the most cost-
                effective approach to providing such training.
            (2) Report.--Within 1 year after the date of enactment of 
        this Act, the Comptroller General shall transmit a report on 
        the study containing the Comptroller General's findings and 
        recommendations to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure.
    (b) Study by National Academy of Sciences.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall contract with the National 
        Academy of Sciences to conduct a study of the assumptions and 
        methods used by the Federal Aviation Administration to estimate 
        staffing needs for Federal Aviation Administration air traffic 
        controllers, system specialists, and engineers to ensure proper 
        maintenance, certification, and operation of the National 
        Airspace System. The National Academy of Sciences shall consult 
        with the Exclusive Bargaining Representative certified under 
        section 7111 of title 5, United States Code, and the 
        Administration (including the Civil Aeronautical Medical 
        Institute) and examine data entailing human factors, traffic 
        activity, and the technology at each facility.
            (2) Contents.--The study shall include--
                    (A) recommendations for objective staffing 
                standards that maintain the safety of the National 
                Airspace System; and
                    (B) the approximate length of time for developing 
                such standards.
            (3) Report.--Not later than 24 months after executing a 
        contract under subsection (a), the National Academy of Sciences 
        shall transmit a report containing its findings and 
        recommendations to the Congress.
    (c) Safety Staffing Model.--Within 18 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall develop a staffing model for aviation safety 
inspectors. In developing the model, the Administrator shall consult 
with representatives of the aviation safety inspectors.

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

    (a) Secretary of the Interior and Overflights of National Parks.--
            (1) Section 40128 is amended--
                    (A) by striking paragraph (8) of subsection (f);
                    (B) by striking ``Director'' each place it appears 
                and inserting ``Secretary of the Interior'';
                    (C) by striking ``National Park Service'' in 
                subsection (a)(2)(B)(vi) and inserting ``Department of 
                the Interior''; and
                    (D) by striking ``National Park Service'' in 
                subsection (b)(4)(C) and inserting ``Department of the 
                Interior''.
            (2) The National Parks Air Tour Management Act of 2000 (49 
        U.S.C. 40128 note) is amended--
                    (A) by striking ``Director'' in section 804(b) and 
                inserting ``Secretary of the Interior'';
                    (B) in section 805--
                            (i) by striking ``Director of the National 
                        Park Service'' in subsection (a) and inserting 
                        ``Secretary of the Interior'';
                            (ii) by striking ``Director'' each place it 
                        appears and inserting ``Secretary of the 
                        Interior'';
                            (iii) by striking ``National Park Service'' 
                        each place it appears in subsection (b) and 
                        inserting ``Department of the Interior'';
                            (iv) by striking ``National Park Service'' 
                        in subsection (d)(2) and inserting ``Department 
                        of the Interior''; and
                    (C) in section 807--
                            (i) by striking ``National Park Service'' 
                        in subsection (a)(1) and inserting ``Department 
                        of the Interior''; and
                            (ii) by striking ``Director of the National 
                        Park Service'' in subsection (b) and inserting 
                        ``Secretary of the Interior''.
    (b) Allowing Overflights in Case of Agreement.--Paragraph (1) of 
subsection (a) of section 40128 is amended--
            (1) by striking ``and'' in subparagraph (B);
            (2) by striking ``lands.'' in subparagraph (C) and 
        inserting ``lands; and''; and
            (3) by adding at the end the following:
                    ``(D) in accordance with a voluntary agreement 
                between the commercial air tour operator and 
                appropriate representatives of the national park or 
                tribal lands, as the case may be.''.
    (C) Aviation Safety Inspectors.--
            (1) Safety staffing model.--Within 12 months after the date 
        of enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall develop a staffing model for 
        aviation safety inspectors. In developing the model, the 
        Administrator shall consult with representatives of the 
        aviation safety inspectors and other interested parties.
            (2) Safety inspector staffing.--The Federal Aviation 
        Administration aviation safety inspector staffing requirement 
        shall be no less than the staffing levels indicated as 
        necessary in the staffing model described under subsection (a).
    (d) Modification of Interim Operating Authority.--Section 
40128(c)(2)(I) is amended to read as follows:
                    ``(I) may allow for modifications of the interim 
                operating authority without further environmental 
                process, if--
                            ``(i) adequate information on the existing 
                        and proposed operations of the commercial air 
                        tour operator is provided to the Administrator 
                        and the Secretary by the operator seeking 
                        operating authority;
                            ``(ii) the Administrator determines that 
                        the modifications would not adversely affect 
                        aviation safety or the management of the 
                        national airspace system; and
                            ``(iii) the Secretary agrees that the 
                        modifications would not adversely affect park 
                        resources and visitor experiences.''.
    (e) Reporting Requirements for Commercial Air Tour Operators.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and annually thereafter, each 
        commercial air tour conducting commercial air tour operations 
        over a national park shall report to the Administrator of the 
        Federal Aviation Administration and the Secretary of the 
        Interior on--
                    (A) the number of commercial air tour operations 
                conducted by such operator over the national park each 
                day;
                    (B) any relevant characteristics of commercial air 
                tour operations, including the routes, altitudes, 
                duration, and time of day of flights; and
                    (C) such other information as the Administrator and 
                the Secretary may determine necessary to administer the 
                provisions of the National Parks Air Tour Management 
                Act of 2000 (49 U.S.C. 40128 note).
            (2) Format.--The report required by paragraph (1) shall be 
        submitted in such form as the Administrator and the Secretary 
        determine to be appropriate.
            (3) Effect of failure to report.--The Administrator shall 
        rescind the operating authority of a commercial air tour 
        operator that fails to file a report not later than 180 days 
        after the date for the submittal of the report described in 
        paragraph (1).
            (4) Audit of reports.--Not later than 2 years after the 
        date of the enactment of this Act, and at such times thereafter 
        as the Inspector General of the Department of Transportation 
        determines necessary, the Inspector General shall audit the 
        reports required by paragraph (1).
    (f) Collection of Fees From Air Tour Operations.--
            (1) In general.--The Secretary of the Interior may assess a 
        fee in an amount determined by the Secretary under paragraph 
        (2) on a commercial air tour operator conducting commercial air 
        tour operations over a national park.
            (2) Amount of fee.--In determining the amount of the fee 
        assessed under paragraph (1), the Secretary shall consider the 
        cost of developing air tour management plans for each national 
        park.
            (3) Effect of failure to pay fee.--The Administrator of the 
        Federal Aviation Administration shall revoke the operating 
        authority of a commercial air tour operator conducting 
        commercial air tour operations over any national park, 
        including the Grand Canyon National Park, that has not paid the 
        fee assessed by the Secretary under paragraph (1) by the date 
        that is 180 days after the date on which the Secretary 
        determines the fee shall be paid.
    (g) Authorization of Appropriations for Air Tour Management 
Plans.--
            (1) In general.--There are authorized to be appropriated 
        $10,000,000 to the Secretary of the Interior for the 
        development of air tour management plans under section 40128(b) 
        of title 49, United States Code.
            (2) Use of funds.--The funds authorized to be appropriated 
        by paragraph (1) shall be used to develop air tour management 
        plans for the national parks the Secretary determines would 
        most benefit from such a plan.
    (h) Guidance to District Offices on Commercial Air Tour 
Operators.--The Administrator of the Federal Aviation Administration 
shall provide to the Administration's district offices clear guidance 
on the ability of commercial air tour operators to obtain--
            (1) increased safety certifications;
            (2) exemptions from regulations requiring safety 
        certifications; and
            (3) other information regarding compliance with the 
        requirements of this Act and other Federal and State laws and 
        regulations.
    (i) Operating Authority of Commercial Air Tour Operators.--
            (1) Transfer of operating authority.--
                    (A) In general.--Subject to subparagraph (B), a 
                commercial air tour operator that obtains operating 
                authority from the Administrator under section 40128 of 
                title 49, United States Code, to conduct commercial air 
                tour operations may transfer such authority to another 
                commercial air tour operator at any time.
                    (B) Notice.--Not later than 30 days before the date 
                on which a commercial air tour operator transfers 
                operating authority under subparagraph (A), the 
                operator shall notify the Administrator and the 
                Secretary of the intent of the operator to transfer 
                such authority.
                    (C) Regulations.--Not later than 180 days after the 
                date of the enactment of this Act, the Administrator 
                shall prescribe regulations to allow transfers of 
                operating authority described in subparagraph (A).
            (2) Time for determination regarding operating authority.--
        Notwithstanding any other provision of law, the Administrator 
        shall determine whether to grant a commercial air tour operator 
        operating authority under section 40128 of title 49, United 
        States Code, not later than 180 days after the earlier of the 
        date on which--
                    (A) the operator submits an application; or
                    (B) an air tour management plan is completed for 
                the national park over which the operator seeks to 
                conduct commercial air tour operations.
            (3) Increase in interim operating authority.--The 
        Administrator and the Secretary may increase the interim 
        operating authority while an air tour management plan is being 
        developed for a park if--
                    (A) the Secretary determines that such an increase 
                does not adversely impact park resources or visitor 
                experiences; and
                    (B) the Administrator determines that granting 
                interim operating authority does not adversely affect 
                aviation safety or the management of the national 
                airspace system.
            (4) Enforcement of operating authority.--The Administrator 
        is authorized and directed to enforce the requirements of this 
        Act and any agency rules or regulations related to operating 
        authority.

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

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

``47534. Prohibition on operating certain aircraft weighing 75,000 
                            pounds or less not complying with Stage 3 
                            noise levels.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 5 years after the date of enactment of this Act.

SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT.

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

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

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

SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS.

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

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

SEC. 714. RECYCLING PLANS FOR AIRPORTS.

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

SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ADJUSTMENTS.

    (a) In General.--Section 47107(e) is amended--
                    (1) by redesignating paragraph (8) as paragraph 
                (9); and
                    (2) by inserting after paragraph (7) the following:
                    ``(8) Mandatory training program for airport 
                concessions.--
                            ``(A) In general.--Not later than one year 
                        after the date of enactment of the FAA Air 
                        Transportation Modernization and Safety 
                        Improvement Act, the Secretary shall establish 
                        a mandatory training program for persons 
                        described in subparagraph (C) on the 
                        certification of whether a small business 
                        concern in airport concessions qualifies as a 
                        small business concern owned and controlled by 
                        a socially and economically disadvantaged 
                        individual for purposes of paragraph (1).
                            ``(B) Implementation.--The training program 
                        may be implemented by one or more private 
                        entities approved by the Secretary.
                            ``(C) Participants.--A person referred to 
                        in paragraph (1) is an official or agent of an 
                        airport owner or operator who is required to 
                        provide a written assurance under paragraph (1) 
                        that the airport owner or operator will meet 
                        the percentage goal of paragraph (1) or who is 
                        responsible for determining whether or not a 
                        small business concern in airport concessions 
                        qualifies as a small business concern owned and 
                        controlled by a socially and economically 
                        disadvantaged individual for purposes of 
                        paragraph (1).
                            ``(D) Authorization of appropriations.--
                        There are authorized to be appropriated to the 
                        Secretary such sums as may be necessary to 
                        carry out this paragraph.''.
    (b) Report.--Not later than 24 months after the date of enactment 
of this Act, the Secretary shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Transportation and Infrastructure, and 
other appropriate committees of Congress on the results of the training 
program conducted under section 47107(e)(8) of title 49, United States 
Code, as added by subsection (a).
    (c) Disadvantaged Business Enterprise Personal Net Worth Cap; 
Bonding Requirements.--Section 47113 is amended by adding at the end 
the following:
    ``(e) Personal Net Worth Cap.--Not later than 180 days after the 
date of enactment of the FAA Air Transportation Modernization and 
Safety Improvement Act, the Secretary shall issue final regulations to 
adjust the personal net worth cap used in determining whether an 
individual is economically disadvantaged for purposes of qualifying 
under the definition contained in subsection (a)(2) and under section 
47107(e). The regulations shall correct for the impact of inflation 
since the Small Business Administration established the personal net 
worth cap at $750,000 in 1989.
    ``(f) Exclusion of Retirement Benefits.--
            ``(1) In general.--In calculating a business owner's 
        personal net worth, any funds held in a qualified retirement 
        account owned by the business owner shall be excluded, subject 
        to regulations to be issued by the Secretary.
            ``(2) Regulations.--Not later than one year after the date 
        of enactment of the FAA Air Transportation Modernization and 
        Safety Improvement Act, the Secretary shall issue final 
        regulations to implement paragraph (1), including consideration 
        of appropriate safeguards, such as a limit on the amount of 
        such accounts, to prevent circumvention of personal net worth 
        requirements.
    ``(g) Prohibition on Excessive or Discriminatory Bonding 
Requirements.--
            ``(1) In general.--The Secretary shall establish a program 
        to eliminate barriers to small business participation in 
        airport-related contracts and concessions by prohibiting 
        excessive, unreasonable, or discriminatory bonding requirements 
        for any project funded under this chapter or using passenger 
        facility revenues under section 40117.
            ``(2) Regulations.--Not later than one year after the date 
        of enactment of the FAA Air Transportation Modernization and 
        Safety Improvement Act, the Secretary shall issue a final rule 
        to establish the program under paragraph (1).''.

SEC. 716. FRONT LINE MANAGER STAFFING.

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